Public Law 105–276. Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
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112 STAT. 2461 Public Law 105–276 105th Congress An Act Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes. Oct. 21, 1998[[H.R. 4194](/us/bill/105/hr/4194)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes, namely:
TITLE I— DEPARTMENT OF VETERANS AFFAIRSDepartments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999. Veterans Benefits Administration compensation and pensions (including transfers of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and other officers’ retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of Article IV of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended, and for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C.
App. 540–548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), $21,857,058,000, to remain available until expended: *Provided,* That not to exceed $24,534,000 of the amount appropriated shall be reimbursed to “General operating expenses” and “Medical care” for necessary expenses in implementing those provisions authorized in the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which is specifically provided as the “Compensation and pensions” appropriation: *Provided further,* That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to “Medical facilities revolving fund” to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. 112 STAT. 2462 readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61, $1,175,000,000, to remain available until expended: *Provided,* That funds shall be available to pay any court order, court award or any compromise settlement arising from litigation involving the vocational training program authorized by section 18 of Public Law 98–77, as amended. veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, $46,450,000, to remain available until expended. veterans housing benefit program fund program account (including transfer of funds) For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by 38 U.S.C. chapter 37, 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, as amended: *Provided further,* That during fiscal year 1999, within the resources available, not to exceed $300,000 in gross obligations for direct loans are authorized for specially adapted housing loans: *Provided further,* That during 1999 any moneys that would be otherwise deposited into or paid from the Loan Guaranty Revolving Fund, the Guaranty and Indemnity Fund, or the Direct Loan Revolving Fund shall be deposited into or paid from the Veterans Housing Benefit Program Fund: *Provided further,* That any balances in the Loan Guaranty Revolving Fund, the Guaranty and Indemnity Fund, or the Direct Loan Revolving Fund on the effective date of this Act may be transferred to and merged with the Veterans Housing Benefit Program Fund.
In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $159,121,000, which may be transferred to and merged with the appropriation for “General operating expenses”. education loan fund program account (including transfer of funds) For the cost of direct loans, $1,000, as authorized by 38 U.S.C. 3698, 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, as amended: *Provided further,* That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $3,000.
In addition, for administrative expenses necessary to carry out the direct loan program, $206,000, which may be transferred to and merged with the appropriation for “General operating expenses”. 112 STAT. 2463 vocational rehabilitation loans program account (including transfer of funds) For the cost of direct loans, $55,000, as authorized by 38 U.S.C. chapter 31, 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, as amended: *Provided further,* That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $2,401,000.
In addition, for administrative expenses necessary to carry out the direct loan program, $400,000, which may be transferred to and merged with the appropriation for “General operating expenses”. native american veteran housing loan program account (including transfer of funds) For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $515,000, which may be transferred to and merged with the appropriation for “General operating expenses”.
Veterans Health Administration medical care (including transfer of funds) For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs, including care and treatment in facilities not under the jurisdiction of the Department; and furnishing recreational facilities, supplies, and equipment; funeral, burial, and other expenses incidental thereto for beneficiaries receiving care in the Department; administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction and renovation of any facility under the jurisdiction or for the use of the Department; oversight, engineering and architectural activities not charged to project cost; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; aid to State homes as authorized by 38 U.S.C. 1741; administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under 38 U.S.C. chapter 17, and the Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.; and not to exceed $8,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 8110(a)(5), $17,306,000,000, plus reimbursements: *Provided,* That of the funds made available under this heading, $778,000,000 is for the equipment and land and structures object classifications only, which amount shall not become available for obligation until August 1, 1999, and shall remain available until September 30, 2000: *Provided further,* That of the funds made available under this heading, 112 STAT. 2464not to exceed $27,420,000 may be transferred to and merged with the appropriation for “General operating expenses”: *Provided further,* That of the funds made available under this heading, up to $10,000,000 shall be for implementation of the Primary Care Providers Incentive Act, contingent upon enactment of authorizing legislation.
In addition, in conformance with Public Law 105–33 establishing the Department of Veterans Affairs Medical Care Collections Fund, such sums as may be deposited to such Fund pursuant to 38 U.S.C. 1729A may be transferred to this account, to remain available until expended for the purposes of this account. medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by 38 U.S.C. chapter 73, to remain available until September 30, 2000, $316,000,000, plus reimbursements: *Provided,* That of the funds made available under this heading, $6,000,000 is for the Musculoskeletal Disease Center, which amount shall remain available for obligation until expended. medical administration and miscellaneous operating expenses For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of planning, design, project management, architectural, engineering, real property acquisition and disposition, construction and renovation of any facility under the jurisdiction or for the use of the Department of Veterans Affairs, including site acquisition; engineering and architectural activities not charged to project cost; and research and development in building construction technology, $63,000,000, plus reimbursements. general post fund, national homes (including transfer of funds) For the cost of direct loans, $7,000, as authorized by Public Law 102–54, section 8, which shall be transferred from the “General post fund”: *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 gross obligations for the principal amount of direct loans not to exceed $70,000.
In addition, for administrative expenses to carry out the direct loan programs, $54,000, which shall be transferred from the “General post fund”, as authorized by Public Law 102–54, section 8. Departmental Administration general operating expenses For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including uniforms or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and 112 STAT. 2465reimbursement of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, $855,661,000: *Provided,* That funds under this heading shall be available to administer the Service Members Occupational Conversion and Training Act. national cemetery system (including transfer of funds) For necessary expenses for the maintenance and operation of the National Cemetery System, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of six passenger motor vehicles for use in cemeterial operations; and hire of passenger motor vehicles, $92,006,000: *Provided,* That of the amount made available under this heading, not to exceed $90,000 may be transferred to and merged with the appropriation for “General operating expenses”. office of inspector general (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $36,000,000: *Provided,* That of the amount made available under this heading, not to exceed $30,000 may be transferred to and merged with the appropriation for “General operating expenses”. construction, major projects (including transfer of funds) For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, including planning, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is $4,000,000 or more or where funds for a project were made available in a previous major project appropriation, $142,300,000, to remain available until expended: *Provided,* That except for advance planning of projects funded through the advance planning fund and the design of projects funded through the design fund, none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process: *Provided further,* That funds provided in this appropriation for fiscal year 1999, for each approved project shall be obligated:
(1)by the awarding of a construction Reports.documents contract by September 30, 1999; and
(2)by the awarding of a construction contract by September 30, 2000: *Provided further,* That the Secretary shall promptly report in writing to the Committees on Appropriations any approved major construction project in which obligations are not incurred within the time limitations established above: *Provided further,* That no funds from any other account 112 STAT. 2466except the “Parking revolving fund”, may be obligated for constructing, altering, extending, or improving a project which was approved in the budget process and funded in this account until one year after substantial completion and beneficial occupancy by the Department of Veterans Affairs of the project or any part thereof with respect to that part only: *Provided further,* That not to exceed $125,000 may be transferred to the Pershing Hall Revolving Fund, codified at section 493(d) of title 36, United States Code: *Provided further,* [36 USC 2400 note](/us/usc/t36/s2400).That during fiscal year 1999, or in subsequent fiscal years, the “Construction, major projects” account shall be reimbursed, in the amount transferred, from other funds as they become part of the Pershing Hall Revolving Fund. construction, minor projects For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Department of Veterans Affairs, including planning, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, where the estimated cost of a project is less than $4,000,000, $175,000,000, to remain available until expended, along with unobligated balances of previous “Construction, minor projects” appropriations which are hereby made available for any project where the estimated cost is less than $4,000,000: *Provided,* That funds in this account shall be available for:
(1)repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and
(2)temporary measures necessary to prevent or to minimize further loss by such causes. parking revolving fund For the parking revolving fund as authorized by 38 U.S.C. 8109, income from fees collected, to remain available until expended, which shall be available for all authorized expenses except operations and maintenance costs, which will be funded from “Medical care”. grants for construction of state extended care facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131–8137, $90,000,000, to remain available until expended. grants for the construction of state veterans cemeteries For grants to aid States in establishing, expanding, or improving State veteran cemeteries as authorized by 38 U.S.C. 2408, $10,000,000, to remain available until expended. 112 STAT. 2467 administrative provisions (including transfer of funds) SEC. 101. Any appropriation for fiscal year 1999 for “Compensation and pensions”, “Readjustment benefits”, and “Veterans insurance and indemnities” may be transferred to any other of the mentioned appropriations. SEC. 102. Appropriations available to the Department of Veterans Affairs for fiscal year 1999 for salaries and expenses shall be available for services authorized by 5 U.S.C. 3109. SEC. 103. No appropriations in this Act for the Department of Veterans Affairs (except the appropriations for “Construction, major projects”, “Construction, minor projects”, and the “Parking revolving fund”) shall be available for the purchase of any site for or toward the construction of any new hospital or home. SEC. 104. No appropriations in this Act for the Department of Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws bestowing such benefits to veterans, and persons receiving such treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless reimbursement of cost is made to the “Medical care” account at such rates as may be fixed by the Secretary of Veterans Affairs. SEC. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 1999 for “Compensation and pensions”, “Readjustment benefits”, and “Veterans insurance and indemnities” shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 1998. SEC. 106. Appropriations accounts available to the Department of Veterans Affairs for fiscal year 1999 shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from title X of the Competitive Equality Banking Act, Public Law 100–86, except that if such obligations are from trust fund accounts they shall be payable from “Compensation and pensions”. SEC. 107. Notwithstanding any other provision of law, during fiscal year 1999, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United States Government Life Insurance Fund (38 U.S.C. 1955), reimburse the “General operating expenses” account for the cost of administration of the insurance programs financed through those accounts: *Provided,* That reimbursement shall be made only from the surplus earnings accumulated in an insurance program in fiscal year 1999, that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: *Provided further,* That if the cost of administration of an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: *Provided further,* That the Secretary shall determine the cost of administration for fiscal year 1999, which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance included in such insurance program. SEC. 108. In accordance with section 1557 of title 31, United States Code, the following obligated balances shall be exempt from subchapter IV of chapter 15 of such title and shall remain available 112 STAT. 2468for expenditure without fiscal year limitation:
(1)funds obligated by the Department of Veterans Affairs for lease numbers 084B–05–94, 084B–07–94, and 084B–027–94 from funds made available in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1994 (Public Law 103–124) under the heading “Medical care”; and
(2)funds obligated by the Department of Veterans Affairs for lease number 084B–002–96 from funds made available in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 (Public Law 103–327) under the heading “Medical care”. SEC. 109. Federal buildings and facilities.
(a)The Department of Veterans Affairs medical center in Salisbury, North Carolina, is hereby designated as the “W.G.
(Bill)Hefner Salisbury Department of Veterans Affairs Medical Center”. Any reference to such center in any law, regulation, map, document, record or other paper of the United States shall be considered to be a reference to the “W.G.
(Bill)Hefner Salisbury Department of Veterans Affairs Medical Center”.
(b)Effective date. The provisions of subsection
(a)are effective on the latter of the first day of the 106th Congress or January 3, 1999. SEC. 110. LAND CONVEYANCE, RIDGECREST CHILDREN’S CENTER, ALABAMA.
(a)Conveyance.— The Secretary of Veterans Affairs may convey, without consideration, to the Board of Trustees of the University of Alabama, all right, title, and interest of the United States in and to the parcel of real property, including any improvements thereon, described in subsection (b).
(b)Covered Parcel.— The parcel of real property to be conveyed under subsection
(a)is the following: A parcel of property lying in the northeast quarter of the southwest quarter, section 28, township 21 south, range 9 west, Tuscaloosa County, Alabama, lying along and adjacent to Ridgecrest (Brewer’s Porch) Children’s Center being more particularly described as follows: As a point of commencement start at the southeast comer of the north half of the southwest quarter run in an easterly direction along an easterly projection of the north boundary of the southeast quarter of the southwest quarter for a distance of 888.52 feet to a point; thence with a deflection angle to the left of 134 degrees 41 minutes run in a northwesterly direction for a distance of 1164.38 feet to an iron pipe; thence with a deflection angle to the left of 75 degrees 03 minutes run in a southwesterly direction for a distance of 37.13 feet to the point of beginning of this parcel of property; thence continue in this same southwesterly direction along the projection of the chainlink fence for a distance of 169.68 feet to a point; thence with an interior angle to the left of 63 degrees 16 minutes run in a northerly direction for a distance of 233.70 feet to a point; thence with an interior angle to the left of 43 degrees 55 minutes run in a southeasterly direction for a distance of 218.48 feet to the point of beginning, said parcel having an interior angle of closure of 72 degrees 49 minutes, said parcel containing 0.40 acres more or less, said parcel of property is also subject to all rights-of-way, easements, and conveyances heretofore given for this parcel of property.
(c)Additional Terms and Conditions.— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States. 112 STAT. 2469 SEC. 111.
(a)The Department of Veterans Affairs medical center Federal buildings and facilities.in Cleveland, Ohio, is hereby designated as the “Louis Stokes Cleveland Department of Veterans Affairs Medical Center”. Any reference to such center in any law, regulation, map, document, record or other paper of the United States shall be considered to be a reference to the “Louis Stokes Cleveland Department of Veterans Affairs Medical Center”.
(b)The provisions of subsection
(a)are effective on the latter Effective date.of the first day of the 106th Congress or January 3, 1999. TITLE II— DEVELOPMENT DEPARTMENT OF HOUSING AND URBANShort title. Public and Indian Housing housing certificate fund (including transfers and rescission of funds) For activities and assistance to prevent the involuntary displacement of low-income families, the elderly and the disabled because of the loss of affordable housing stock, expiration of subsidy contracts (other than contracts for which amounts are provided under another heading in this Act) or expiration of use restrictions, or other changes in housing assistance arrangements, and for other purposes, $10,326,542,030, to remain available until expended: *Provided,* That of the total amount provided under this heading, $9,600,000,000 shall be for assistance under the United States Housing Act of 1937 (42 U.S.C. 1437) for use in connection with expiring or terminating section 8 subsidy contracts, for enhanced vouchers (including renewals) as provided under the “Preserving Existing Housing Investment” account in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204), and contracts entered into pursuant to section 441 of the Stewart B. McKinney Homeless Assistance Act: *Provided further,* That in the case of enhanced vouchers provided under this heading, if the income of a family receiving assistance declines to a significant extent, the percentage of income paid by the family for rent shall not exceed the greater of 30 percent or the percentage of income paid at the time of mortgage prepayment: *Provided further,* That the Secretary may determine not to apply section 8(o)(6)(B) of the Act to housing vouchers during fiscal year 1999: *Provided further,* That of the total amount provided under this heading, $433,542,030 shall be for section 8 rental assistance under the United States Housing Act of 1937 including assistance to relocate residents of properties:
(1)that are owned by the Secretary and being disposed of; or
(2)that are discontinuing section 8 project-based assistance; for relocation and replacement housing for units that are demolished or disposed of from the public housing inventory (in addition to amounts that may be available for such purposes under this and other headings); for the conversion of section 23 projects to assistance under section 8; for funds to carry out the family unification program; and for the relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency: *Provided further,* That of the total amount made available in the preceding proviso, $40,000,000 shall be made available to nonelderly disabled 112 STAT. 2470 families affected by the designation of a public housing development under section 7 of such Act, the establishment of preferences in accordance with section 651 of the Housing and Community Development Act of 1992 (42 U.S.C. 13611), or the restriction of occupancy to elderly families in accordance with section 658 of such Act, and to the extent the Secretary determines that such amount is not needed to fund applications for such affected families, to other nonelderly disabled families: *Provided further,* That the amount made available under the fifth proviso under the heading “Prevention of Resident Displacement” in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, Public Law 104–204, shall also be made available to nonelderly disabled families affected by the restriction of occupancy to elderly families in accordance with section 658 of the Housing and Community Development Act of 1992: *Provided further,* That to the extent the Secretary determines that the amount made available under the fifth proviso under the heading “Prevention of Resident Displacement” in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, Public Law 104–204, is not needed to fund applications for affected families described in the fifth proviso, or in the preceding proviso under this heading in this Act, the amount not needed shall be made available to other nonelderly disabled families: *Provided further,* That of the total amount provided under this heading, $10,000,000 shall be for Regional Opportunity Counseling: *Provided further,* That all balances, as of September 30, 1998, remaining in the “Prevention of Resident Displacement” account shall be transferred to and merged with the amounts provided for those purposes under this heading. For tenant-based assistance under the United States Housing Act of 1937 to help eligible families make the transition from welfare to work, $283,000,000 from the total amount provided under this heading, to be administered by public housing agencies (including Indian tribes and their tribally designated housing entities, as defined by the Secretary of Housing and Urban Development), and to remain available until expended: *Provided,* That families initially selected to receive assistance under this paragraph:
(1)shall be eligible to receive, shall be currently receiving, or shall have received within the preceding two years, assistance or services funded under the Temporary Assistance for Needy Families
(TANF)program under part A of title IV of the Social Security Act or as part of a State’s qualified State expenditure under section 409(a)(7)(B)(i) of such Act;
(2)shall be determined by the agency to be families for which tenant-based housing assistance is critical to successfully obtaining or retaining employment; and
(3)shall not already be receiving tenant-based assistance under the United States Housing Act of 1937: *Provided further,* That each application shall:
(1)describe the proposed program, which shall be developed by the public housing agency in consultation with the State, local or Tribal entity administering the TANF program and the entity, if any, administering the Welfare-to-Work grants allocated by the United States Department of Labor pursuant to section 403(a)(5)(A) of the Social Security Act, and which shall take into account the particular circumstances of the community;
(2)demonstrate that tenant-based housing assistance is critical to the success of assisting eligible families to obtain or retain employment;
(3)specify the 112 STAT. 2471 criteria for selecting among eligible families to receive housing assistance under this paragraph;
(4)describe the proposed strategy for tenant counseling and housing search assistance and landlord outreach;
(5)include any requests for waivers of any administrative requirements or any provisions of the United States Housing Act of 1937, with a demonstration of how approval of the waivers would substantially further the objective of this paragraph;
(6)include certifications from the State, local, or Tribal entity administering assistance under the TANF program and from the entity, if any, administering the Welfare-to-Work grants allocated by the United States Department of Labor, that the entity supports the proposed program and will cooperate with the public housing agency that administers the housing assistance to assure that such assistance is coordinated with other welfare reform and welfare to work initiatives; however, if either does not respond to the public housing agency within a reasonable time period, its concurrence shall be assumed, and if either objects to the application, its concerns shall accompany the application to the Secretary, who shall take them into account in this funding decision; and
(7)include such other information as the Secretary may require and meet such other requirements as the Secretary may establish: *Provided further,* That the Secretary, after consultation with the Secretary of Health and Human Services and the Secretary of Labor, shall select public housing agencies to receive assistance under this paragraph on a competitive basis, taking into account the need for and quality of the proposed program (including innovative approaches), the extent to which the assistance will be coordinated with welfare reform and welfare to work initiatives, the extent to which the application demonstrates that tenant-based assistance is critical to the success of assisting eligible families to obtain or retain employment; and other appropriate criteria established by the Secretary: *Provided further,* That the Secretary may use up to one percent of the amount available under this paragraph, directly or indirectly, to conduct detailed evaluations of the effect of providing assistance under this paragraph: *Provided further,* That of the amount made available under this paragraph, at least $4,000,000 each shall be made available for local self-sufficiency/welfare-to-work initiatives in San Bernardino County, California; Cleveland, Ohio; Kansas City, Missouri; Charlotte, North Carolina; Miami/Dade County, Florida; Prince Georges County, Maryland; New York City, New York; and Anchorage, Alaska. From the sources and in the order hereinafter specified, $1,650,000,000 is rescinded: *Provided,* That the first source shall be amounts that are available or may be recaptured from projectbased contracts for section 8 assistance that expired or were terminated during fiscal year 1999 or any prior year: *Provided further,* That after all amounts that are available or may be recaptured from the first source have been exhausted, the second source shall be unobligated amounts from amendments to contracts for projectbased section 8 assistance, other than contracts for projects developed under section 202 of the Housing Act of 1959, other than amounts described as the fourth source, in the fourth proviso in this paragraph, that are carried over into 1999: *Provided further,* That after all amounts that are available from the second source are exhausted, the third source shall be amounts recaptured from section 8 reserves in the section 8 moderate rehabilitation program: *Provided further,* That after all amounts that are available or 112 STAT. 2472 may be recaptured from the third source have been exhausted, the fourth source shall be all unobligated amounts for projectbased assistance that are earmarked under the third proviso under this heading in Public Law 105–65, 111 Stat. 1351 (approved October 27, 1997): *Provided further,* That any amounts that are available or recaptured in connection with the first or third provisos of this paragraph that are in the Annual Contributions for Assisted Housing account, and are required to be rescinded by this paragraph, shall be rescinded from the Annual Contributions for Assisted Housing account. public housing capital fund (including transfers of funds) For the Public Housing Capital Fund Program for modernization of existing public housing projects as authorized under section 14 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437), $3,000,000,000, to remain available until expended: *Provided,* That of the total amount, up to $100,000,000 shall be for carrying out activities under section 6(j) of such Act and technical assistance for the inspection of public housing units, contract expertise, and training and technical assistance directly or indirectly, under grants, contracts, or cooperative agreements, to assist in the oversight and management of public housing (whether or not the housing is being modernized with assistance under this proviso) or tenant-based assistance, including, but not limited to, an annual resident survey, data collection and analysis, training and technical assistance by or to officials and employees of the Department and of public housing agencies and to residents in connection with the public housing programs and for lease adjustments to section 23 projects: *Provided further,* That of the amount available under this heading, up to $5,000,000 shall be for the Tenant Opportunity Program: *Provided further,* That all balances, as of September 30, 1998, of funds heretofore provided for section 673 public housing service coordinators shall be transferred to and merged with amounts made available under this heading. public housing operating fund For payments to public housing agencies for operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g), $2,818,000,000, to remain available until expended. drug elimination grants for low-income housing (including transfer of funds) For grants to public housing agencies and Indian tribes and their tribally designated housing entities for use in eliminating crime in public housing projects authorized by 42 U.S.C. 11901–11908, for grants for federally assisted low-income housing authorized by 42 U.S.C. 11909, and for drug information clearinghouse services authorized by 42 U.S.C. 11921–11925, $310,000,000, to remain available until expended, of which $10,000,000 shall be for grants, technical assistance, contracts and other assistance, training, and program assessment and execution for or on behalf of public housing agencies, resident organizations, and Indian tribes 112 STAT. 2473and their tribally designated housing entities (including the cost of necessary travel for participants in such training), $10,000,000 shall be used in connection with efforts to combat violent crime in public and assisted housing under the Operation Safe Home Program administered by the Inspector General of the Department of Housing and Urban Development, $10,000,000 shall be provided to the Office of Inspector General for Operation Safe Home; and $20,000,000 shall be available for a program named the New Approach Anti-Drug program which will provide competitive grants to entities managing or operating public housing developments, federally assisted multifamily housing developments, or other multifamily housing developments for low-income families supported by non-Federal governmental entities or similar housing developments supported by nonprofit private sources in order to provide or augment security (including personnel costs), to assist in the investigation and/or prosecution of drug related criminal activity in and around such developments, and to provide assistance for the development of capital improvements at such developments directly relating to the security of such developments: *Provided,* That grants for the New Approach Anti-Drug program shall be made on a competitive basis as specified in section 102 of the Department of Housing and Urban Development Reform Act of 1989: *Provided further,* That the term “drug-related crime”, as defined in 42 U.S.C. 11905(2), shall also include other types of crime as determined by the Secretary: *Provided further,* That, notwithstanding section 5130(c) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11909(c)), the Secretary may determine not to use any such funds to provide public housing youth sports grants. revitalization of severely distressed public housing (hope vi) For grants to public housing agencies for assisting in the demolition of obsolete public housing projects or portions thereof, the revitalization (where appropriate) of sites (including remaining public housing units) on which such projects are located, replacement housing which will avoid or lessen concentrations of very low-income families, and tenant-based assistance in accordance with section 8 of the United States Housing Act of 1937; and for providing replacement housing and assisting tenants displaced by the demolition (including appropriate homeownership down payment assistance for displaced tenants), $625,000,000, to remain available until expended, of which the Secretary may use up to $15,000,000 for technical assistance and contract expertise, to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel for participants in such training, by or to officials and employees of the Department and of public housing agencies and to residents: *Provided,* That no funds appropriated under this heading shall be used for any purpose that is not provided for herein, in the United States Housing Act of 1937, in the Appropriations Acts for the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies, for the fiscal years 1993, 1994, 1995, 1997, and 1998, and the Omnibus Consolidated Rescissions and Appropriations Act of 1996: *Provided further,* That for purposes of environmental review pursuant to the National Environmental Policy Act of 1969, a grant under this heading or under prior appropriations Acts for use for the purposes under this heading shall be treated as assistance under title I of the United States Housing Act of 112 STAT. 24741937 and shall be subject to the regulations issued by the Secretary to implement section 26 of such Act: *Provided further,* That none of such funds shall be used directly or indirectly by granting competitive advantage in awards to settle litigation or pay judgments, unless expressly permitted herein. native american housing block grants (including transfers of funds) For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (Public Law 104–330), $620,000,000, to remain available until expended, of which $6,000,000 shall be used to support the inspection of Indian housing units, contract expertise, training, and technical assistance in the oversight and management of Indian housing and tenant-based assistance, including up to $200,000 for related travel: *Provided,* That of the amount provided under this heading, $6,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title VI of the Native American Housing Assistance and Self-Determination Act of 1996: *Provided, further,* That such costs, including the costs of modifying such notes and other obligations, 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 the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $54,600,000. In addition, for administrative expenses to carry out the guaranteed loan program, up to $200,000, which shall be transferred to and merged with the appropriation for departmental salaries and expenses, to be used only for the administrative costs of these guarantees: *Provided,* That the funds made available in the first proviso in the preceding paragraph are for a demonstration on ways to enhance economic growth, to increase access to private capital, and to encourage the investment and participation of traditional financial institutions in tribal and other Native American areas. indian housing loan guarantee fund program account (including transfer of funds) For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (106 Stat. 3739), $6,000,000, to remain available until expended: *Provided,* That such costs, including the costs 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 $68,881,000. In addition, for administrative expenses to carry out the guaranteed loan program, up to $400,000, which shall be transferred to and merged with the appropriation for departmental salaries and expenses, to be used only for the administrative costs of these guarantees. 112 STAT. 2475 rural housing and economic development (including transfer of funds) For an Office of Rural Housing and Economic Development to be established in the Department of Housing and Urban Development, $25,000,000, to remain available until expended: *Provided, *That of the amount under this heading, $4,000,000 shall be used to develop capacity at the State and local level for developing rural housing and for economic development, of which $1,000,000 shall be used to develop a clearinghouse of ideas for innovative strategies for rural housing and economic development and revitalization and of which $3,000,000 shall be awarded by June 1, 1999 directly to local rural nonprofits, community development corporations and Indian tribes to support capacity building and technical assistance: *Provided further,* That of the amount under this heading, $21,000,000 shall be awarded by June 1, 1999 to Indian tribes, State housing finance agencies, State community and/or economic development agencies, local rural nonprofits and community development corporations to support innovative housing and economic development activities in rural areas, of which $5,000,000 shall be awarded as seed support for Indian tribes, nonprofits and community development corporations that are located in areas that have limited capacity for the development of rural housing and for economic development: *Provided further,* That all grants shall be awarded on a competitive basis as specified in section 102 of the HUD Reform Act: *Provided further,* That all funds unobligated as of October 1, 1998 under the fifth paragraph of the Community Development Block Grants account in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriation Act, 1998 (Public Law 105–65; October 27, 1997) shall be transferred to this account to be awarded to Indian tribes, State housing finance agencies, State community and/or economic development agencies, local rural nonprofits and community development corporations for activities under this heading with any outstanding earmarks for a State to be awarded to that State’s housing finance agency. Community Planning and Development housing opportunities for persons with aids For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901), $215,000,000, to remain available until expended: *Provided,* That the Secretary may use up to 1 percent of the funds under this heading for technical assistance: *Provided further,* Reports.That within 30 days of the close of fiscal year 1999, the Secretary shall submit a report to the Congress summarizing all technical assistance provided during the fiscal year. community development block grants (including transfer of funds) For grants to States and units of general local government and for related expenses, not otherwise provided for, to carry out a community development grants program as authorized by title I of the Housing and Community Development Act of 1974, as 112 STAT. 2476amended (the “Act” herein) (42 U.S.C. 5301), $4,750,000,000, to remain available until September 30, 2001: *Provided,* That $67,000,000 shall be for grants to Indian tribes notwithstanding section 106(a)(1) of such Act, $3,000,000 shall be available as a grant to the Housing Assistance Council, $3,000,000 shall be available for the Organizing Committee for the 1999 Special Olympics Summer Games to be used in support of related activities in the Triangle Area of North Carolina, $1,800,000 shall be available as a grant to the National American Indian Housing Council, $50,000,000 shall be for grants pursuant to section 107 of the Act: *Provided further,* That all funding decisions under section 107 except as specified herein shall be subject to a reprogramming request unless otherwise specified in accordance with the terms and conditions specified in the joint explanatory statement of the committee of conference accompanying this Act (H.R. 4194): *Provided further,* That $27,500,000 shall be for grants pursuant to the Self Help Housing Opportunity program, subject to authorization, of which $7,500,000 shall be for capacity building efforts: *Provided further,* That not to exceed 20 percent of any grant made with funds appropriated herein (other than a grant made available in this paragraph to the Housing Assistance Council or the National American Indian Housing Council, or a grant using funds under section 107(b)(3) of the Housing and Community Development Act of 1974, as amended) shall be expended for “Planning and Management Development” and “Administration” as defined in regulations promulgated by the Department. Of the amount made available under this heading, $15,000,000 shall be made available for “Capacity Building for Community Development and Affordable Housing,” for LISC and the Enterprise Foundation for activities as authorized by section 4 of the HUD Demonstration Act of 1993 (Public Law 103–120), as in effect immediately before June 12, 1997, with not less than $5,000,000 of the funding to be used in rural areas, including tribal areas. Of the amount made available under this heading, $12,000,000 is for the City of Oklahoma City, Oklahoma, for a revolving loan pool that shall be subject to the following requirements and conditions:
(1)amounts in the pool shall be available only for the purposes of making loans to carry out economic development activities that primarily benefit the area in Oklahoma City bounded on the south by Robert S. Kerr Avenue, on the north by North 13th Street, on the east by Oklahoma Avenue, and on the west by Shartel Avenue, and covering costs involved in administering the loan pool;
(2)amounts provided under this paragraph shall be available for use from the loan pool only to the extent that the amounts contributed to the loan pool (or committed to be contributed) from non-Federal sources equal or exceed two times the amounts provided under this paragraph;
(3)any repayments of principal and interest from loans made by the pool shall be deposited in the pool and available for use for loans in accordance with this paragraph;
(4)amounts in the pool may not be used to provide loans to any agency or entity of the Federal Government or any State government or unit of general local government;
(5)amounts provided under this paragraph shall be available for use from the loan pool only if the City of Oklahoma City, Oklahoma agrees (to the satisfaction of the Secretary of Housing and Urban Development) to deposit in the pool (for use for loans in accordance with this paragraph) the net proceeds from any amounts that are repaid 112 STAT. 2477to the City under loans made by the City using amounts provided under this same heading under chapter III of title III of Public Law 104–19 (109 Stat. 253). Of the amount provided under this heading, the Secretary of Housing and Urban Development may use up to $55,000,000 for a public and assisted housing self-sufficiency program, of which up to $5,000,000 may be used for the Moving to Work Demonstration, and at least $20,000,000 shall be used for grants for service coordinators and congregate services for the elderly and disabled: *Provided,* That for self-sufficiency activities, the Secretary may make grants to public housing agencies (including Indian tribes and their tribally designated housing entities), nonprofit corporations, and other appropriate entities for a supportive services program to assist residents of public and assisted housing, former residents of such housing receiving tenant-based assistance under section 8 of such Act (42 U.S.C. 1437f), and other low-income families and individuals: *Provided further,* That the program shall provide supportive services, principally for the benefit of public housing residents, to the elderly and the disabled, and to families with children where the head of household would benefit from the receipt of supportive services and is working, seeking work, or is preparing for work by participating in job training or educational programs: *Provided further,* That the supportive services may include congregate services for the elderly and disabled, service coordinators, and coordinated education, training, and other supportive services, including case management skills training, job search assistance, assistance related to retaining employment, vocational and entrepreneurship development and support programs, such as transportation, and child care: *Provided further,* That the Secretary shall require applications to demonstrate firm commitments of funding or services from other sources: *Provided further, *That the Secretary shall select public and Indian housing agencies to receive assistance under this heading on a competitive basis, taking into account the quality of the proposed program, including any innovative approaches, the extent of the proposed coordination of supportive services, the extent of commitments of funding or services from other sources, the extent to which the proposed program includes reasonably achievable, quantifiable goals for measuring performance under the program over a three-year period, the extent of success an agency has had in carrying out other comparable initiatives, and other appropriate criteria established by the Secretary (except that this proviso shall not apply to renewal of grants for service coordinators and congregate services for the elderly and disabled). Of the amount made available under this heading, notwithstanding any other provision of law, $42,500,000 shall be available for YouthBuild program activities authorized by subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended, and such activities shall be an eligible activity with respect to any funds made available under this heading: *Provided,* That local YouthBuild programs that demonstrate an ability to leverage private and nonprofit funding shall be given a priority for YouthBuild funding: *Provided further,* That up to $2,500,000 may be used for capacity buildings efforts. Of the amount made available under this heading, $225,000,000 shall be available for the Economic Development Initiative
(EDI)to finance a variety of efforts, including $190,000,000 for making 112 STAT. 2478grants for targeted economic investments in accordance with the terms and conditions specified for such grants in the joint explanatory statement of the committee of conference accompanying this Act. Of the amount made available under this heading, $25,000,000 shall be available for neighborhood initiatives that are utilized to improve the conditions of distressed and blighted areas and neighborhoods, and to determine whether housing benefits can be integrated more effectively with welfare reform initiatives. For the cost of guaranteed loans, $29,000,000, as authorized by section 108 of the Housing and Community Development Act of 1974: *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 $1,261,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of 1974: *Provided further,* That in addition, for administrative expenses to carry out the guaranteed loan program, $1,000,000, which shall be transferred to and merged with the appropriation for departmental salaries and expenses. 42 USC 5305 note.For any fiscal year, of the amounts made available as emergency funds under the heading “Community Development Block Grants Fund” and notwithstanding any other provision of law, not more than $250,000 may be used for the non-Federal costshare of any project funded by the Secretary of the Army through the Corps of Engineers. brownfields redevelopment For Economic Development Grants, as authorized by section 108(q) of the Housing and Community Development Act of 1974, as amended, for Brownfields redevelopment projects, $25,000,000, to remain available until expended: *Provided,* That the Secretary of Housing and Urban Development shall make these grants available on a competitive basis as specified in section 102 of the Department of Housing and Urban Development Reform Act of 1989. home investment partnerships program For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), as amended, $1,600,000,000, to remain available until expended: *Provided,* That up to $7,000,000 of these funds shall be available for the development and operation of integrated community development management information systems: *Provided further,* That up to $17,500,000 of these funds shall be available for Housing Counseling under section 106 of the Housing and Urban Development Act of 1968. homeless assistance grants For the emergency shelter grants program (as authorized under subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act, as amended); the supportive housing program (as authorized under subtitle C of title IV of such Act); the section 8 moderate rehabilitation single room occupancy program (as authorized under 112 STAT. 2479the United States Housing Act of 1937, as amended) to assist homeless individuals pursuant to section 441 of the Stewart B. McKinney Homeless Assistance Act; and the shelter plus care program (as authorized under subtitle F of title IV of such Act), $975,000,000, to remain available until expended: *Provided,* That not less than 30 percent of these funds shall be used for permanent housing, and all funding for services must be matched by 25 percent in funding by each grantee: *Provided further,* That the Secretary of Housing and Urban Development shall conduct a review of any balances of amounts provided under this heading in this or any previous appropriations Act that have been obligated but remain unexpended and shall deobligate any such amounts that the Secretary determines were obligated for contracts that are unlikely to be performed and award such amounts during this fiscal year: *Provided further,* That up to 1 percent of the funds appropriated under this heading may be used for technical assistance and tracking systems needed to carry out the directives provided in House Report 105–610. Housing Programs housing for special populations For assistance for the purchase, construction, acquisition, or development of additional public and subsidized housing units for low income families not otherwise provided for, $854,000,000, to remain available until expended: *Provided,* That of the total amount provided under this heading, $660,000,000 shall be for capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance, and amendments to contracts for project rental assistance, for the elderly under section 202(c)(2) of the Housing Act of 1959, and for supportive services associated with the housing; and $194,000,000 shall be for capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, for project rental assistance, for amendments to contracts for project rental assistance, and supportive services associated with the housing for persons with disabilities as authorized by section 811 of such Act: *Provided further,* That the Secretary may designate up to 25 percent of the amounts earmarked under this paragraph for section 811 of such Act for tenant-based assistance, as authorized under that section, including such authority as may be waived under the next proviso, which assistance is five years in duration: *Provided further,* That the Secretary may waive any provision of section 202 of the Housing Act of 1959 and section 811 of the Cranston-Gonzalez National Affordable Housing Act (including the provisions governing the terms and conditions of project rental assistance and tenant-based assistance) that the Secretary determines is not necessary to achieve the objectives of these programs, or that otherwise impedes the ability to develop, operate or administer projects assisted under these programs, and may make provision for alternative conditions or terms where appropriate. 112 STAT. 2480 flexible subsidy fund (transfer of funds) From the Rental Housing Assistance Fund, all uncommitted balances of excess rental charges as of September 30, 1998, and any collections made during fiscal year 1999, shall be transferred to the Flexible Subsidy Fund, as authorized by section 236(g) of the National Housing Act, as amended. Federal Housing Administration fha—mutual mortgage insurance program account (including transfers of funds) During fiscal year 1999, commitments to guarantee loans to carry out the purposes of section 203(b) of the National Housing Act, as amended, shall not exceed a loan principal of $110,000,000,000. During fiscal year 1999, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $100,000,000: *Provided,* That the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund. For administrative expenses necessary to carry out the guaranteed and direct loan program, $328,888,000, to be derived from the FHA-mutual mortgage insurance guaranteed loans receipt account, of which not to exceed $324,866,000 shall be transferred to the appropriation for departmental salaries and expenses; and of which not to exceed $4,022,000 shall be transferred to the appropriation for the Office of Inspector General. fha—general and special risk program account (including transfers of funds) For the cost of guaranteed loans, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including the cost of loan guarantee modifications (as that term is defined in section 502 of the Congressional Budget Act of 1974, as amended), $81,000,000, to remain available until expended: *Provided,* That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, of up to $18,100,000,000: *Provided further,* That any amounts made available in any prior appropriations Act for the cost (as such term is defined in section 502 of the Congressional Budget Act of 1974) of guaranteed loans that are obligations of the funds established under section 238 or 519 of the National Housing Act that have not been obligated or that are deobligated shall be available to the Secretary of Housing and Urban Development in connection with the making of such guarantees and shall remain available until expended, notwithstanding the expiration of any period of availability otherwise applicable to such amounts. Gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(1), 238, and 519(a) of the National Housing Act, shall not exceed $50,000,000; of which not to exceed 112 STAT. 2481$30,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned by the Secretary and formerly insured under such Act; and of which not to exceed $20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties owned by the Secretary and formerly insured under such Act. In addition, for administrative expenses necessary to carry out the guaranteed and direct loan programs, $211,455,000, of which $193,134,000, shall be transferred to the appropriation for departmental salaries and expenses; and of which $18,321,000 shall be transferred to the appropriation for the Office of Inspector General. Government National Mortgage Association guarantees of mortgage-backed securities loan guarantee program account (including transfer of funds) During fiscal year 1999, new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed $150,000,000,000. For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $9,383,000, to be derived from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $9,383,000 shall be transferred to the appropriation for departmental salaries and expenses. Policy Development and Research research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), including carrying out the functions of the Secretary under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,500,000, to remain available until September 30, 2000. Fair Housing and Equal Opportunity fair housing activities For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $40,000,000, to remain available until September 30, 2000, of which $23,500,000 shall be to carry out activities pursuant to such section 561: *Provided,* That no funds made available under this heading shall be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant or loan. 112 STAT. 2482 Office of Lead Hazard Control lead hazard reduction For the Lead Hazard Reduction Program, as authorized by sections 1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of 1992, $80,000,000 to remain available until expended, of which $2,500,000 shall be for CLEARCorps and $10,000,000 shall be for a Healthy Homes Initiative, which shall be a program pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing- related environmental diseases and hazards. Management and Administration salaries and expenses (including transfer of funds) For necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $7,000 for official reception and representation expenses, $985,826,000, of which $518,000,000 shall be provided from the various funds of the Federal Housing Administration, $9,383,000 shall be provided from funds of the Government National Mortgage Association, $1,000,000 shall be provided from the “Community Development Grants Program” account, $200,000 shall be provided by transfer from the “Title VI Indian Federal Guarantees Program” account, and $400,000 shall be provided by transfer from the “Indian Housing Loan Guarantee Fund Program” account: *Provided,* That the Department is prohibited from employing more than 77 schedule C and 20 noncareer Senior Executive Service employees. office of inspector general (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $81,910,000, of which $22,343,000 shall be provided from the various funds of the Federal Housing Administration and $10,000,000 shall be provided from the amount earmarked for Operation Safe Home in the “Drug Elimination Grants for Low-Income Housing” account: *Provided,* That the Inspector General shall have independent authority over all personnel issues within the Office of Inspector General. Office of Federal Housing Enterprise Oversight salaries and expenses (including transfer of funds) For carrying out the Federal Housing Enterprise Financial Safety and Soundness Act of 1992, $16,000,000, to remain available until expended, to be derived from the Federal Housing Enterprise Oversight Fund: *Provided,* That not to exceed such amount shall 112 STAT. 2483be available from the General Fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund: *Provided further,* That the General Fund amount shall be reduced as collections are received during the fiscal year so as to result in a final appropriation from the General Fund estimated at not more than $0. administrative provisions public and assisted housing rents, preferences, and flexibility SEC. 201. Section 201(a)(2) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 14371 note), is amended to read as follows:" “(2) Applicability.— Section 14(q) of the United States Housing Act of 1937 shall be effective only with respect to assistance provided from funds made available for fiscal year 1999 or any preceding fiscal year, except that the authority in the first sentence of section 14(q)(1) to use up to 10 percent of the allocation of certain funds for any operating subsidy purpose shall not apply to amounts made available for fiscal years 1998 and 1999.”. " gse default loss protection SEC. 202.
(a)Section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act is amended in the first sentence by—[12 USC 1454](/us/usc/t12/s1454).
(1)striking “or” at the end of clause (B);
(2)striking the period at the end of the first sentence and inserting: “; or
(D)the mortgage is subject to default loss protection that the Corporation determines is financially equal or superior, on an individual or pooled basis, to the protection provided by clause
(C)of this sentence: *Provided,* That if the Director of the Office of Federal Housing Enterprise Oversight subsequently finds that such default loss protection determined by the Corporation does not provide such equal or superior protection, the Corporation shall provide such additional default loss protection for such mortgage, as approved by the Director of the Office of Federal Housing Enterprise Oversight, necessary to provide such equal or superior protection. ”
(b)Section 1313(b) of the Federal Housing Enterprises Financial Housing Safety and Soundness Act of 1992 is amended by [12 USC 4513](/us/usc/t12/s4513).redesignating paragraphs (9), (10), and
(11)as paragraphs (10), (11), and (12), respectively, and inserting the following new paragraph (9): " “(9) default loss protection levels under section 305(a)(2)(D) of the Federal Home Loan Mortgage Corporation Act;”." financing adjustment factors SEC. 203. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100–628, 102 Stat. 3224, 3268) shall be rescinded, or in the case of cash, shall be remitted 112 STAT. 2484to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. fair housing and free speech SEC. 204. None of the amounts made available under this Act may be used during fiscal year 1999 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a government official or entity, or a court of competent jurisdiction. brownfields as eligible cdbg activity SEC. 205. [42 USC 5305 note](/us/usc/t42/s5305). For fiscal years 1998, 1999, and all fiscal years thereafter, States and entitlement communities may use funds allocated under the community development block grants program under title I of the Housing and Community Development Act of 1974 for environmental cleanup and economic development activities related to Brownfields projects in conjunction with the appropriate environmental regulatory agencies, as if such activities were eligible under section 105(a) of such Act. enhanced disposition authority SEC. 206. Section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations [12 USC 1715z-11a](/us/usc/t12/s1715z-11a).Act, 1997, is amended by striking “fiscal years 1997 and 1998” and inserting “fiscal years 1997, 1998, and 1999”. housing opportunities for persons with aids grants SEC. 207.
(a)Eligibility.— Notwithstanding section 854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts made available under this title for fiscal year 1999 that are allocated under such section, the Secretary of Housing and Urban Development shall allocate and make a grant, in the amount determined under subsection (b), for any State that—
(1)received an allocation in a prior fiscal year under clause
(ii)of such section; and
(2)is not otherwise eligible for an allocation for fiscal year 1999 under such clause
(ii)because the areas in the State outside of the metropolitan statistical areas that qualify under clause
(i)in fiscal year 1999 do not have the number of cases of acquired immunodeficiency syndrome required under such clause.
(b)Amount.— The amount of the allocation and grant for any State described in subsection(a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under 112 STAT. 2485clause
(i)of such section 854(c)(1)(A) in fiscal year 1999 in proportion to AIDS cases among cities and States that qualify under clauses
(i)and
(ii)of such section and States deemed eligible under subsection (a).
(c)Environmental Review.— For purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 and other provisions of law that further the purposes of such Act, a grant under the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.) from amounts provided under this or prior Acts shall be treated as assistance for a special project that is subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and shall be subject to the regulations issued by the Secretary to implement such section. Where the grantee under the AIDS Housing Opportunity Act is a nonprofit organization and the activity is proposed to be carried out within the jurisdiction of an Indian tribe or the community of an Alaska native village, the role of the State or unit of general local government under sections 305(c)(1)–(3) of such Act may be carried out by the Indian tribe or Alaska native village instead. drawdown of funds SEC. 208. Section 14(q)(1) of the United States Housing Act of 1937 (42 U.S.C. 14371(q)(1)) is amended by inserting after the first sentence the following sentence: “Such assistance may involve the drawdown of funds on a schedule commensurate with construction draws for deposit into an interest earning escrow account to serve as collateral or credit enhancement for bonds issued by a public agency for the construction or rehabilitation of the development.”. elimination of shopping incentive for voucher families who remain in same unit upon initial receipt of assistance SEC. 209.
(a)Section 8(o)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(2)) is amended by inserting the following new sentence at the end: “Notwithstanding the preceding sentence, for families being admitted to the voucher program who remain in the same unit or complex, where the rent (including the amount allowed for utilities) does not exceed the payment standard, the monthly assistance payment for any family shall be the amount by which such rent exceeds the greater of 30 percent of the family’s monthly adjusted income or 10 percent of the family’s monthly income.”.
(b)This section shall take effect 60 days after the later of Effective date.[42 USC 1437f note](/us/usc/t42/s1437f).October 1, 1998 or the date of the enactment of this Act. renegotiation of performance funding system SEC. 210. Section 9(a)(3)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437g(a)(3)(A)) is amended—
(1)by inserting after the third sentence the following new sentence to read as follows: " “Notwithstanding the preceding sentences, the Secretary may revise the performance funding system in a manner that takes into account equity among public housing agencies and that includes appropriate incentives for sound management.”; and" 112 STAT. 2486
(2)in the last sentence, by inserting after “vacant public housing units” the following: “, or any substantial change under the preceding sentence,”. fha multifamily mortgage credit demonstrations SEC. 211. Section 542 of the Housing and Community Development [12 USC 1707 note](/us/usc/t12/s1707).Act of 1992 is amended—
(1)in subsection (b)(5) by adding before the period at the end of the first sentence “, and not more than an additional 25,000 units during fiscal year 1999”, and
(2)in the first sentence of subsection (c)(4) by striking “1996 and” and inserting “1996,” and by inserting after “fiscal year 1997” the following: “and not more than an additional 25,000 units during fiscal year 1999”. calculation of downpayment Sec. 212. [12 USC 1709 note](/us/usc/t12/s1709). Section 203(b)(10) of the National Housing Act is amended by—
(1)striking out “Alaska and Hawaii” and inserting in lieu thereof “Calculation of Downpayment”; and
(2)striking out in subparagraph
(A)“originated in the State of Alaska or the State of Hawaii and endorsed for insurance in fiscal years 1997 and 1998,” and inserting in lieu thereof “executed for insurance in fiscal years 1998, 1999, and 2000”. state cdbg idis funding SEC. 213. During fiscal year 1999, from amounts received by a State under section 106(d)(1) of the Housing and Community Development Act of 1974 for distribution in nonentitlement areas, the State may deduct an amount, not to exceed the greater of 0.25 percent of the amount so received or $50,000, for implementation of the integrated disbursement and information system established by the Secretary, in addition to any amounts used for this purpose from amounts retained by the State for administrative expenses under section 106(d)(3)(A). nursing home lease terms SEC. 214.
(a)Technical Correction.— Section 216 of the Departments of Veterans Affairs and Housing and Urban Development, [12 USC 1715w](/us/usc/t12/s1715w).and Independent Agencies Appropriations Act, 1998, is amended by striking out “fifty years from the date” and inserting in lieu thereof “fifty years to run from the date”.
(b)[12 USC 1715w note](/us/usc/t12/s1715w). Effective Date.— The amendment made by subsection
(a)shall be construed to have taken effect on October 27, 1997. technical for emergency cdbg program SEC. 215. For purposes of eligibility for funding under the heading “Community Development Block Grants” in the 1998 Supplemental Appropriations and Rescissions Act (Public Law 105–174; May 1, 1998) the term “States” shall be deemed to include “Indian tribes” as defined under section 102(a)(17) of the Housing and Community Development Act of 1974 and Guam, the Northern 112 STAT. 2487Mariana Islands, the Virgin Islands, and American Samoa: *Provided,* That 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. use of home funds for public housing modernization SEC. 216. Notwithstanding section 212(d)(5) of the Cranston-Gonzalez National Affordable Housing Act, amounts made available to the City of Bismarck, North Dakota, under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act for fiscal years 1998, 1999, 2000, 2001 or 2002, may be used to carry out activities authorized under section 14 of the United States Housing Act of 1937 (42 U.S.C. 14371) for the purpose of modernizing the Crescent Manor public housing project located at 107 East Bowen Avenue, in Bismarck, North Dakota, if—
(1)the Burleigh County Housing Authority (or any successor public housing agency that owns or operates the Crescent Manor public housing project) has obligated all other Federal assistance made available to that public housing agency for that fiscal year; or
(2)the Secretary of Housing and Urban Development authorizes the use of those amounts for the purpose of modernizing that public housing project, which authorization may be made with respect to one or more of those fiscal years. cdbg and home exemption SEC. 217. The City of Oxnard, California may use amounts available to the City under title I of the Housing and Community Development Act of 1974 and under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act to reimburse the city for its cost in purchasing 19.89 acres of land, more or less, located at the northwest comer of Lombard Street and Camino del Sol in the city, on the north side of the 2100 block of Camino del Sol, for the purpose of providing affordable housing. The procedures set forth in sections 104(g)(2) and
(3)of the Housing and Community Development Act of 1974 and sections 288(b) and
(c)of the Cranston-Gonzalez National Affordable Housing Act shall not apply to any release of funds for such reimbursement. cdbg public services cap SEC. 218. Section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking “1998” and inserting “1999”. clarification of owner’s right to prepay SEC. 219.
(a)Prepayment Right.— Notwithstanding section 211 of the Housing and Community Development Act of 1987 or section 221 of the Housing and Community Development Act of 1987 (as in effect pursuant to section 604(c) of the Cranston-Gonzalez National Affordable Housing Act), subject to subsection (b), with respect to any project that is eligible low-income housing (as that term is defined in section 229 of the Housing and Community Development Act of 1987)— 112 STAT. 2488
(1)the owner of the project may prepay, and the mortgagee may accept prepayment of, the mortgage on the project, and
(2)the owner may request voluntary termination of a mortgage insurance contract with respect to such project and the contract may be terminated notwithstanding any requirements under sections 229 and 250 of the National Housing Act.
(b)Conditions.— Any prepayment of a mortgage or termination of an insurance contract authorized under subsection
(a)may be made—
(1)only to the extent that such prepayment or termination is consistent with the terms and conditions of the mortgage on or mortgage insurance contract for the project;
(2)only if the owner of the project involved agrees not to increase the rent charges for any dwelling unit in the project during the 60-day period beginning upon such prepayment or termination; and
(3)only if the owner of the project provides notice of intent to prepay or terminate, in such form as the Secretary of Housing and Urban Development may prescribe, to each tenant of the housing, the Secretary, and the chief executive officer of the appropriate State or local government for the jurisdiction within which the housing is located, not less than 150 days, but not more than 270 days, before such prepayment or termination, except that such requirement shall not apply to a prepayment or termination that—
(A)occurs during the 150-day period immediately following the date of the enactment of this Act;
(B)is necessary to effect conversion to ownership by a priority purchaser (as defined in section 231(a) of the Low-Income Housing Preservation and Resident Ownership Act of 1990 (12 U.S.C. 4120(a)), or
(C)will otherwise ensure that the project will continue to operate, at least until the maturity date of the loan or mortgage, in a manner that will provide rental housing on terms at least as advantageous to existing and future tenants as the terms required by the program under which the loan or mortgage was made or insured prior to the proposed prepayment or termination. public and assisted housing drug elimination act SEC. 220. The Public and Assisted Housing Drug Elimination Act of 1990 is amended—
(1)[42 USC 11902](/us/usc/t42/s11902). in section 5123, by inserting “Indian tribes” before “and private”;
(2)[42 USC 11903](/us/usc/t42/s11903). in section 5124(a)(7), by inserting “, an Indian tribe,” before “or tribally designated”;
(3)[42 USC 11904](/us/usc/t42/s11904). in section 5125, by inserting “an Indian tribe” before “a tribally designated”; and
(4)[42 USC 11905](/us/usc/t42/s11905). in section 5126, by adding at the end the following new paragraph:" “(6) Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4(12) of the Native American Housing Assistance and Self Determination Act of 1996, 25 U.S.C. 4103(12).”. " 112 STAT. 2489 multifamily housing institute Sec. 221. Notwithstanding any other provision of law, the Secretary may, from time to time, as determined necessary to assist the Department in managing its multifamily assets including analyzing, tracking and evaluating its portfolio of FHA-insured and other mortgages and properties and assisting the Department in understanding and reducing the risk involved in its mortgage restructuring, insuring and guaranteeing activities, provide data to, and purchase data from, any nonprofit, industry supported, on-line provider of nationwide, multifamily housing loan and property data services. multifamily mortgage auctions SEC. 222. Section 221(g)(4)(C) of the National Housing Act [12 USC 17154](/us/usc/t12/s17154).is amended—
(1)in the first sentence of clause (viii), by striking “September 30, 1996” and inserting “December 31, 2002”; and
(2)by adding at the end the following:" “(ix) The authority of the Secretary to conduct multifamily auctions under this paragraph shall be effective for any fiscal year only to the extent and in such amounts as are approved in appropriations Acts for the costs of loan guarantees (as defined in section 502 of the Congressional Budget Act of 1974), including the cost of modifying loans.”. " funding correction SEC. 223. Notwithstanding any other provision of law, of the $1,250,000 made available pursuant to Public Law 102–389 for economic revitalization and infrastructure repair in Montpelier, Vermont, $250,000 is available for the Central Vermont Revolving Loan Fund administered by the Central Vermont Community Action Council. annual report on management deficiencies SEC. 224.
(a)In General.— Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by adding at the end the following:" “(x) Management Deficiencies Report.— “(1) In general.— Not later than 60 days after the date of the enactment of this subsection, and annually thereafter, the Secretary shall submit to Congress a report on the plan of the Secretary to address each material weakness, reportable condition, and noncompliance with an applicable law or regulation (as defined by the Director of the Office of Management and Budget) identified in the most recent audited financial statement of the Federal Housing Administration submitted under section 3515 of title 31, United States Code. “(2) Contents of annual report.— Each report submitted under paragraph
(1)shall include— “(A) an estimate of the resources, including staff, information systems, and contract assistance, required to address each material weakness, reportable condition, and noncompliance with an applicable law or regulation described in paragraph (1), and the costs associated with those resources; 112 STAT. 2490 “(B) an estimated timetable for addressing each material weakness, reportable condition, and noncompliance with an applicable law or regulation described in paragraph (1); and “(C) the progress of the Secretary in implementing the plan of the Secretary included in the report submitted under paragraph
(1)for the preceding year, except that this subparagraph does not apply to the initial report submitted under paragraph (1).”. " SEC. 225.
(a)Informed Consumer Choice.— Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended by adding at the end the following: " “In conjunction with any loan insured under this section, an original lender shall provide to each prospective borrower a disclosure notice that provides a one page analysis of mortgage products offered by that lender and for which the borrower would qualify. This notice shall include:
(i)a generic analysis comparing the note rate (and associated interest payments), insurance premiums, and other costs and fees that would be due over the life of the loan for a loan insured by the Secretary under this subsection with the note rates, insurance premiums (if applicable), and other costs and fees that would be expected to be due if the mortgagor obtained instead other mortgage products offered by the lender and for which the borrower would qualify with a similar loan-to-value ratio in connection with a conventional mortgage (as that term is used in section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) or section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)), as applicable), assuming prevailing interest rates; and
(ii)a statement regarding when the mortgagor’s requirement to pay the mortgage insurance premiums for a mortgage insured under this section would terminate or a statement that the requirement will terminate only if the mortgage is refinanced, paid off, or otherwise terminated.”."
(b)[12 USC 1709 note](/us/usc/t12/s1709). Regulation.— The Secretary of Housing and Urban Development shall develop the disclosure notice under subsection
(a)within 150 days of the enactment through notice and comment rulemaking. SEC. 226. [42 USC 1437 note](/us/usc/t42/s1437). Funding of Certain Public Housing.— Notwithstanding any other provision of law, no funds in this Act or any other Act may hereafter be used by the Secretary of Housing and Urban Development to determine allocations or provide assistance for operating subsidies or modernization for certain State and city funded and locally developed public housing units, as defined for purposes of a statutory paragraph, notwithstanding the deeming by statute of such units to be public housing units developed under the United States Housing Act of 1937, unless such unit was so assisted before October 1, 1998. section 236 program reform SEC. 227. Section 236(g) of the National Housing Act, as amended by section 221(c) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations [12 USC 1715z-1](/us/usc/t12/s1715z-1).Act, 1997, is amended to read as follows:" “(g) The project owner shall, as required by the Secretary, accumulate, safeguard, and periodically pay the Secretary or such 112 STAT. 2491other entity as determined by the Secretary and upon such terms and conditions as the Secretary deems appropriate, all rental charges collected on a unit-by-unit basis in excess of the basic rental charges. Unless otherwise directed by the Secretary, such excess charges shall be credited to a reserve used by the Secretary to make additional assistance payments as provided in paragraph
(3)of subsection (f). Notwithstanding any other requirements of this subsection, an owner of a project with a mortgage insured under this section, or a project previously assisted under subsection
(b)but without a mortgage insured under this section if the project mortgage was insured under section 207 of this Act before July 30, 1998 pursuant to section 223(f) of this Act and assisted under subsection (b), may retain some or all of such excess charges for project use if authorized by the Secretary and upon such terms and conditions as established by the Secretary.”. " fha mortgage insurance increase SEC. 228.
(a)Subparagraph
(A)of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking clause
(ii)and all that follows through the end of the subparagraph and inserting the following:" “(ii) 87 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a residence of the applicable size; except that the dollar amount limitation in effect for any area under this subparagraph may not be less than 48 percent of the dollar limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a residence of the applicable size; and”. "
(b)The first sentence in the matter following section 203(b)(2)(B)(iii) of the National Housing Act (12 U.S.C. 1709(b)(2)(B)(iii) is amended to read as follows: “For purposes of the preceding sentence, the term ‘area’ means a metropolitan statistical area as established by the Office of Management and Budget; and the median 1-family house price for an area shall be equal to the median 1-family house price of the county within the area that has the highest such median price.”. hope vi grant for hollander ridge SEC. 229. If the Secretary rescinds the grant award of $20,000,000 made to the Housing Authority of Baltimore City for development efforts at Hollander Ridge in Baltimore, Maryland, involving funds appropriated for fiscal year 1996 under the heading “Public Housing Demolition, Site Revitalization, and Replacement Housing Grants”, all of the rescinded grant amount shall be recaptured by the Secretary and added to the amounts otherwise available under this heading. If, after the date of any such recapture, the Housing Authority of Baltimore City applies in response to a Notice of Funding Availability issued by the Secretary for a grant from funds available under this heading (not to exceed the amount recaptured) for development efforts at Hollander Ridge, then the Secretary shall grant priority status to such application and approve the grant award if the application meets the terms and criteria stated in the Notice of Funding Availability. 112 STAT. 2492 debt forgiveness SEC. 230. The Secretary of Housing and Urban Development shall cancel the indebtedness of the Town of Hobson City, Alabama, relating to a public facilities loan under title II of the Housing Amendments of 1955, issued July 1, 1969 (Project No. ALA-01-PFL0139). The Town of Hobson City hereby is relieved of all liability to the Federal Government for the outstanding principal balance on such loan, for the amount of accrued interest on such loan, and for any other fees and charges payable in connection with such loan. consideration of homeless grant application SEC. 231. The Secretary shall consider without prejudice the application submitted August 5, 1998 by the City of Wichita and Sedgwick County, Kansas for assistance under the Continuum of Care Homeless Assistance program pursuant to the Notice at 63 Federal Register 23988, 23999 (April 30, 1998) notwithstanding the August 4, 1998 due date for such application, notwithstanding any provision that may be to the contrary in section 102 of the Department of Housing and Urban Development Reform Act of 1989. cdbg service cap for miami SEC. 232. Section 105(a)(8) of the Housing and Community Development [42 USC 5305](/us/usc/t42/s5305).Act of 1974 is amended by striking “fiscal year 1994” and all that follows through the end of the paragraph and inserting the following: “each of fiscal years 1999, 2000, and 2001, to the City of Miami, such city may use not more than 25 percent in each fiscal year for activities under this paragraph;”. TITLE III—Short title. INDEPENDENT AGENCIES American Battle Monuments Commission salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $26,431,000, to remain available until expended. Chemical Safety and Hazard Investigation Board salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, and for services authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 112 STAT. 24935376, $6,500,000: *Provided,* That the Chemical Safety and Hazard Investigation Board shall have not more than three career Senior Executive Service positions. Department of the Treasury Community Development Financial Institutions community development financial institutions fund program account For grants, loans, and technical assistance to qualifying community development lenders, and administrative expenses of the Fund, including services authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for ES-3, $80,000,000, to remain available until September 30, 2000, of which $12,000,000 may be used for the cost of direct loans, and up to $1,000,000 may be used for administrative expenses to carry out the direct loan program: *Provided,* That the cost of direct loans, 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 not to exceed $32,000,000: *Provided further,* That not more than $25,000,000 of the funds made available under this heading may be used for programs and activities authorized in section 114 of the Community Development Banking and Financial Institutions Act of 1994. Consumer Product Safety Commission salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials’ contributions to Commission activities, and not to exceed $500 for official reception and representation expenses, $47,000,000. Corporation for National and Community Service national and community service programs operating expenses (including transfer of funds) For necessary expenses for the Corporation for National and Community Service (referred to in the matter under this heading as the “Corporation”) in carrying out programs, activities, and initiatives under the National and Community Service Act of 1990 (referred to in the matter under this heading as the “Act”) (42 U.S.C. 12501 et seq.), $425,500,000, to remain available until September 30, 2000: *Provided,* That not more than $28,500,000 shall be available for administrative expenses authorized under section 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with not less 112 STAT. 2494than $3,000,000 targeted to administrative needs identified as urgent by the Corporation without regard to the provisions of section 501(a)(4)(B) of the Act: *Provided further,* That not more than $2,500 shall be for official reception and representation expenses: *Provided further,* That not more than $70,000,000, to remain available without fiscal year limitation, shall be transferred to the National Service Trust account for educational awards authorized under subtitle D of title I of the Act (42 U.S.C. 12601 et seq.), of which not to exceed $5,000,000 shall be available for national service scholarships for high school students performing community service: *Provided further,* That not more than $227,000,000 of the amount provided under this heading shall be available for grants under the National Service Trust program authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) (relating to activities including the AmeriCorps program), of which not more than $40,000,000 may be used to administer, reimburse, or support any national service program authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): *Provided further,* That not more than $5,500,000 of the funds made available under this heading shall be made available for the Points of Light Foundation for activities authorized under title III of the Act (42 U.S.C. 12661 et seq.): *Provided further,* That no funds shall be available for national service programs run by Federal agencies authorized under section 121(b) of such Act (42 U.S.C. 12571(b)): *Provided further,* That to the maximum extent feasible, funds appropriated under subtitle C of title I of the Act shall be provided in a manner that is consistent with the recommendations of peer review panels in order to ensure that priority is given to programs that demonstrate quality, innovation, replicability, and sustainability: *Provided further,* That not more than $18,000,000 of the funds made available under this heading shall be available for the Civilian Community Corps authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et seq.): *Provided further,* That not more than $43,000,000 shall be available for school-based and community-based service-learning programs authorized under subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): *Provided further,* That not more than $28,500,000 shall be available for quality and innovation activities authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.): *Provided further,* That not more than $5,000,000 shall be available for audits and other evaluations authorized under section 179 of the Act (42 U.S.C. 12639): *Provided further,* That to the maximum extent practicable, the Corporation shall increase significantly the level of matching funds and in-kind contributions provided by the private sector, shall expand significantly the number of educational awards provided under subtitle D of title I, and shall reduce the total Federal costs per participant in all programs. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $3,000,000. 112 STAT. 2495 Court of Veterans Appeals salaries and expenses For necessary expenses for the operation of the United States Court of Veterans Appeals as authorized by 38 U.S.C. 7251–7298, $10,195,000, of which $865,000, shall be available for the purpose of providing financial assistance as described, and in accordance with the process and reporting procedures set forth, under this heading in Public Law 102–229. Department of Defense—Civil Cemeterial Expenses, Army salaries and expenses For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase of one passenger motor vehicle for replacement only, and not to exceed $1,000 for official reception and representation expenses, $11,666,000, to remain available until expended. Environmental Protection Agency science and technology (including transfer of funds) For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; necessary expenses for personnel and related costs and travel expenses, including uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; other operating expenses in support of research and development; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project, $650,000,000, which shall remain available until September 30, 2000: *Provided,* That the obligated balance of such sums shall remain available through September 30, 2007 for liquidating obligations made in fiscal years 1999 and 2000. environmental programs and management For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses, including uniforms, or allowances therefore, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals 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; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which 112 STAT. 2496issue publications to members only or at a price to members lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project; and not to exceed $6,000 for official reception and representation expenses, $1,848,000,000, which shall remain available until September 30, 2000: *Provided,* That the obligated balance of such sums shall remain available through September 30, 2007 for liquidating obligations made in fiscal years 1999 and 2000: *Provided further,* That none of the funds appropriated by this Act shall be used to propose or issue rules, regulations, decrees, or orders for the purpose of implementation, or in preparation for implementation, of the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan at the Third Conference of the Parties to the United Nations Framework Convention on Climate Change, which has not been submitted to the Senate for advice and consent to ratification pursuant to article II, section 2, clause 2, of the United States Constitution, and which has not entered into force pursuant to article 25 of the Protocol: *Provided further,* That none of the funds made available in this Act may be used to implement or administer the interim guidance issued on February 5, 1998 by the Environmental Protection Agency relating to title VI of the Civil Rights Act of 1964 and designated as the “Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits” with respect to complaints filed under such title after the date of the enactment of this Act and until guidance is finalized. Nothing in this proviso may be construed to restrict the Environmental Protection Agency from developing or issuing final guidance relating to title VI of the Civil Rights Act of 1964. 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, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project, $31,154,000, to remain available until September 30, 2000: *Provided,* That the obligated balance of such sums shall remain available through September 30, 2007 for liquidating obligations made in fiscal years 1999 and 2000. buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $56,948,000, to remain available until expended. hazardous substance superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project; not to exceed $1,500,000,000, consisting of $650,000,000 112 STAT. 2497as appropriated under this heading in Public Law 105–65, notwithstanding the second proviso under this heading of said Act, and not to exceed $850,000,000 (of which $100,000,000 shall not become available until September 1, 1999), all of which is to remain available until expended, consisting of $1,175,000,000, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended by Public Law 101–508, and $325,000,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended by Public Law 101–508: *Provided, *That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: *Provided further,* That $12,237,000 of the funds appropriated under this heading shall be transferred to the “Office of Inspector General” appropriation to remain available until September 30, 2000: *Provided further,* That notwithstanding section 111(m) of CERCLA or any other provision of law, $76,000,000 of the funds appropriated under this heading shall be available to the Agency for Toxic Substances and Disease Registry to carry out activities described in sections 104(i), 111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of SARA: *Provided further,* That $40,000,000 of the funds appropriated under this heading shall be transferred to the “Science and Technology” appropriation to remain available until September 30, 2000: *Provided further,* That none of the funds appropriated under this heading shall be available for the Agency for Toxic Substances and Disease Registry to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 1999: *Provided further.* That an additional amount, $650,000,000, shall become available for obligation on October 1, 1999, only upon enactment by August 1, 1999, of specific legislation which reauthorizes the Superfund program: *Provided further,* That if such reauthorization does not occur on or before August 1, 1999, such additional amount to be made available on October 1, 1999, is rescinded and the Congressional Budget Office is directed to make the appropriate scorekeeping adjustment no later than August 5, 1999. Section 119(e)(2)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (42 U.S.C. 9619(e)(2)(C)) is amended by deleting “, and before January 1, 1996”. Section 119(g)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (42 U.S.C. 9619(g)(5)) is amended by deleting “, or after December 31, 1995”. leaking underground storage tank program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for the uses authorized under section 9004(f) of the Solid Waste Disposal Act, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project, $72,500,000, to remain available until expended: *Provided,* That hereafter, the Administrator is authorized to enter into assistance [42 USC 6991b note](/us/usc/t42/s6991b).agreements with Federally recognized Indian tribes on such terms and conditions as the Administrator deems appropriate for the 112 STAT. 2498same purposes as are set forth in section 9003(h)(7) of the Resource Conservation and Recovery Act. oil spill response (including transfer of funds) For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, $15,000,000, to be derived from the Oil Spill Liability trust fund, and to remain available until expended. state and tribal assistance grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,386,750,000, to remain available until expended, of which $1,350,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended, and $775,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended, except that, notwithstanding section 1452(n) of the Safe Drinking Water Act, as amended, none of the funds made available under this heading in this Act, or in previous appropriations acts, shall be reserved by the Administrator for health effects studies on drinking water contaminants, $50,000,000 for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission, $30,000,000 for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages, $301,750,000 for making grants for the construction of wastewater and water treatment facilities and groundwater protection infrastructure in accordance with the terms and conditions specified for such grants in the joint explanatory statement of the committee of conference accompanying this Act (H.R. 4194); and $880,000,000 for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities: [42 USC 300j-12 note](/us/usc/t42/s300j-12). *Provided,* That, consistent with section 1452(g) of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)), section 302 of the Safe Drinking Water Act Amendments of 1996 (Public Law 104–182) and the accompanying joint explanatory statement of the committee of conference (H. Rept. No. 104–741 to accompany S. 1316, the Safe Drinking Water Act Amendments of 1996), and notwithstanding any other provision of law, beginning in fiscal year 1999 and thereafter, States may combine the assets of State Revolving Funds
(SRFs)established under section 1452 of the Safe Drinking Water Act, as amended, and title VI of the Federal Water Pollution Control Act, as amended, as security for bond issues to enhance the lending capacity of one or both SRFs, but not to acquire the state match 112 STAT. 2499for either program, provided that revenues from the bonds are allocated to the purposes of the Safe Drinking Water Act and the Federal Water Pollution Control Act in the same portion as the funds are used as security for the bonds: *Provided further,* That, notwithstanding the matching requirement in Public Law 104–204 for funds appropriated under this heading for grants to the State of Texas for improving wastewater treatment for the Colonias, such funds that remain unobligated may also be used for improving water treatment for the Colonias, and shall be matched by State funds from State resources equal to 20 percent of such unobligated funds: *Provided further,* That, hereafter the [42 USC 6908a](/us/usc/t42/s6908a).Administrator is authorized to enter into assistance agreements with Federally recognized Indian tribes on such terms and conditions as the Administrator deems appropriate for the development and implementation of programs to manage hazardous waste, and underground storage tanks: *Provided further,* That beginning in [7 USC 1360 note](/us/usc/t7/s1360).fiscal year 1999 and thereafter, pesticide program implementation grants under section 23(a)(1) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, shall be available for pesticide program development and implementation, including enforcement and compliance activities: *Provided further,* That, notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, as amended, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 1999 and prior years where such amounts represent costs of administering the fund, to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration. working capital fund Under this heading in Public Law 104–204, after the phrase, [42 USC 4370e](/us/usc/t42/s4370e).“that such fund shall be paid in advance”, insert “or reimbursed”. administrative provision Not later than March 31, 1999, the Administrator of the Regulations.[33 USC 2720 note.](/us/usc/t33/s2720)Environmental Protection Agency shall issue regulations amending 40 C.F.R. 112 to comply with the requirements of the Edible Oil Regulatory Reform Act (Public Law 104–55). Such regulations shall differentiate between and establish separate classes for animal fats and oils and greases, and fish and marine mammal oils (as described in that Act), and other oils and greases, and shall apply standards to such different classes of fats and oils based on differences in the physical, chemical, biological, and other properties, and in the environmental effects, of the classes. None of the funds made available by this Act or in subsequent Acts may be used by the Environmental Protection Agency to issue or to establish an interpretation or guidance relating to fats, oils, and greases (as described in Public Law 104–55) that does not comply with the requirements of the Edible Oil Regulatory Reform Act. 112 STAT. 2500 Executive Office of the President office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,026,000. council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, $2,675,000: *Provided,* That, notwithstanding any other provision of law, no funds other than those appropriated under this heading, shall be used for or by the Council on Environmental Quality and Office of Environmental Quality: [42 USC 4342 note](/us/usc/t42/s4342).*Provided further,* That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as Chairman and exercising all powers, functions, and duties of the Council. Federal Deposit Insurance Corporation office of inspector general (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $34,666,000, to be derived from the Bank Insurance Fund, the Savings Association Insurance Fund, and the FSLIC Resolution Fund. Federal Emergency Management Agency disaster relief For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $307,745,000, and, notwithstanding 42 U.S.C. 5203, to remain available until expended: *Provided,* That of the funds made available under this heading in this and prior Appropriations Acts which are eligible for grants to the State of California under section 404 of the Stafford Disaster Relief and Emergency Assistance Act, $5,000,000 shall be for a pilot project of seismic retrofit technology at California State University, San Bernardino, $5,000,000 shall be for seismic retrofit at the San Bernardino County Courthouse, and $30,000,000 shall be for a project at the Loma Linda University Medical Center hospital using laser technology demonstrating non-disruptive retrofitting. 112 STAT. 2501 disaster assistance direct loan program account For the cost of direct loans, $1,355,000, as authorized by section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act: *Provided,* That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: *Provided further,* That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000. In addition, for administrative expenses to carry out the direct loan program, $440,000. salaries and expenses For necessary expenses, not otherwise provided for, including hire and purchase of motor vehicles as authorized by 31 U.S.C. 1343; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness; transportation in connection with the continuity of Government programs to the same extent and in the same manner as permitted the Secretary of a Military Department under 10 U.S.C. 2632; and not to exceed $2,500 for official reception and representation expenses, $171,138,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $5,400,000. emergency management planning and assistance For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947, as amended (50 U.S.C. 404–405), and Reorganization Plan No. 3 of 1978, $240,824,000: *Provided,* That for purposes of predisaster mitigation pursuant to 42 U.S.C. 5131
(b)and
(c)and 42 U.S.C. 5196
(e)and (i), $25,000,000 of the funds made available under this heading shall be available until expended for project grants: *Provided further,* That the United States Fire Administration shall conduct [15 USC 2222 note](/us/usc/t15/s2222).a 12-month pilot project to promote the installation and maintenance of smoke detectors in the localities of highest risk for residential fires: *Provided further,* That the United States Fire Administration shall transmit the results of its pilot project to the Consumer Product Safety Commission and the Congress. 112 STAT. 2502 radiological emergency preparedness fund [42 USC 5196e](/us/usc/t42/s5196e).There is hereby established in the Treasury a Radiological Emergency Preparedness Fund, which shall be available under the Atomic Energy Act of 1954, as amended, and Executive Order 12657, for offsite radiological emergency planning, preparedness, and response. Beginning in fiscal year 1999 and thereafter, the Director of the Federal Emergency Management Agency
(FEMA)shall promulgate through rulemaking fees to be assessed and collected, applicable to persons subject to FEMA’s radiological emergency preparedness regulations. The aggregate charges assessed pursuant to this section during fiscal year 1999 shall not be less than 100 percent of the amounts anticipated by FEMA necessary for its radiological emergency preparedness program for such fiscal year. The methodology for assessment and collection of fees shall be fair and equitable; and shall reflect costs of providing such services, including administrative costs of collecting such fees. Fees received pursuant to this section shall be deposited in the Fund as offsetting collections and will become available for authorized purposes on October 1, 1999, and remain available until expended. For necessary expenses of the Fund for fiscal year 1999, $12,849,000, to remain available until expended. emergency food and shelter program To carry out an emergency food and shelter program pursuant to title III of Public Law 100–77, as amended, $100,000,000: *Provided,* That total administrative costs shall not exceed three and one-half percent of the total appropriation. national flood insurance fund (including transfer of funds) For activities under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, as amended, not to exceed $22,685,000 for salaries and expenses associated with flood mitigation and flood insurance operations, and not to exceed $78,464,000 for flood mitigation, including up to $20,000,000 for expenses under section 1366 of the National Flood Insurance Act, which amount shall be available for transfer to the National Flood Mitigation Fund until September 30, 2000. In fiscal year 1999, no funds in excess of:
(1)$47,000,000 for operating expenses;
(2)$343,989,000 for agents’ commissions and taxes; and
(3)$60,000,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund without prior notice to the Committees on Appropriations. For fiscal year 1999, flood insurance rates shall not exceed the level authorized by the National Flood Insurance Reform Act of 1994. Section 1309(a)(2) of the National Flood Insurance Act (42 U.S.C. 4016(a)(2)), as amended by Public Law 104–208, is further amended by striking “1998” and inserting “1999”. Section 1319 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4026), is amended by striking “September 30, 1998” and inserting “September 30, 1999”. Section 1336 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4056), is amended by striking “September 30, 1998” and inserting “September 30, 1999”. 112 STAT. 2503 The first sentence of section 1376(c) of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4127(c)), is amended by striking “September 30, 1998” and inserting “September 30, 1999”. General Services Administration consumer information center fund For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $2,619,000, to be deposited into the Consumer Information Center Fund: *Provided,* That the appropriations, revenues and collections deposited into the fund shall be available for necessary expenses of Consumer Information Center activities in the aggregate amount of $7,500,000. Appropriations, revenues, and collections accruing to this fund during fiscal year 1999 in excess of $7,500,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriations Acts. National Aeronautics and Space Administration human space flight For necessary expenses, not otherwise provided for, in the conduct and support of human space flight research and development activities, including research, development, operations, and services; maintenance; construction of facilities including repair, rehabilitation, and modification of real and personal property, and acquisition or condemnation of real property, as authorized by law; space flight, spacecraft control and communications activities including operations, production, and services; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $5,480,000,000, to remain available until September 30, 2000. science, aeronautics and technology For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics and technology research and development activities, including research, development, operations, and services; maintenance; construction of facilities including repair, rehabilitation, and modification of real and personal property, and acquisition or condemnation of real property, as authorized by law; space flight, spacecraft control and communications activities including operations, production, and services; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $5,653,900,000, to remain available until September 30, 2000: *Provided,* That none of the funds provided under this heading may be utilized to support the development or operations of the International Space Station: *Provided further,* That this limitation shall not preclude the use of funds provided under this heading for the conduct of science, aeronautics, space transportation and technology activities utilizing or enabled by the International Space Station. 112 STAT. 2504 mission support For necessary expenses, not otherwise provided for, in carrying out mission support for human space flight programs and science, aeronautical, and technology programs, including research operations and support; space communications activities including operations, production and services; maintenance; construction of facilities including repair, rehabilitation, and modification of facilities, minor construction of new facilities and additions to existing facilities, facility planning and design, environmental compliance and restoration, and acquisition or condemnation of real property, as authorized by law; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase, lease, charter, maintenance, and operation of mission and administrative aircraft; not to exceed $35,000 for official reception and representation expenses; and purchase (not to exceed 33 for replacement only) and hire of passenger motor vehicles, $2,511,100,000, to remain available until September 30, 2000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $20,000,000. administrative provisions Notwithstanding the limitation on the availability of funds appropriated for “Human space flight”, “Science, aeronautics and technology”, or “Mission support” by this appropriations Act, when any activity has been initiated by the incurrence of obligations for construction of facilities as authorized by law, such amount available for such activity shall remain available until expended. This provision does not apply to the amounts appropriated in “Mission support” pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility planning and design. Notwithstanding the limitation on the availability of funds appropriated for “Human space flight”, “Science, aeronautics and technology”, or “Mission support” by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until September 30, 2001. Notwithstanding the limitation on the availability of funds appropriated for “Mission support” and “Office of Inspector General”, amounts made available by this Act for personnel and related costs and travel expenses of the National Aeronautics and Space Administration shall remain available until September 30, 1999 and may be used to enter into contracts for training, investigations, costs associated with personnel relocation, and for other services, to be provided during the next fiscal year. NASA shall develop a revised appropriation structure for submission in the fiscal year 2000 budget request consisting of five appropriations accounts (International Space Station; Launch Vehicles and Payload Operations; Science, Aeronautics and Technology; Mission Support; and Office of Inspector General). 112 STAT. 2505 National Credit Union Administration central liquidity facility During fiscal year 1999, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by the National Credit Union Central Liquidity Facility Act (12 U.S.C. 1795), shall not exceed $600,000,000: *Provided,* That administrative expenses of the Central Liquidity Facility in fiscal year 1999 shall not exceed $176,000: *Provided further,* That $2,000,000, together with amounts of principal and interest on loans repaid, to be available until expended, is available for loans to community development credit unions. National Science Foundation research and related activities For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and the Act to establish a National Medal of Science (42 U.S.C. 1880–1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support: acquisition of aircraft, $2,770,000,000, of which not to exceed $257,460,000, shall remain available until expended for Polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program; the balance to remain available until September 30, 2000: *Provided,* That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: *Provided further,* That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally: *Provided further,* That none of the funds appropriated or otherwise made available to the National Science Foundation in this or any prior Act may be obligated or expended by the National Science Foundation to enter into or extend a grant, contract, or cooperative agreement for the support of administering the domain name and numbering system of the Internet after September 30, 1998. major research equipment For necessary expenses of major construction projects pursuant to the National Science Foundation Act of 1950, as amended, $90,000,000, to remain available until expended. education and human resources For necessary expenses in carrying out science and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 3109 and rental of conference rooms in the District of Columbia, 112 STAT. 2506$662,000,000, to remain available until September 30, 2000: *Provided,* That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally: *Provided further,* That the Alliances for Minority Participation Program is renamed the Louis Stokes Alliances for Minority Participation Program. salaries and expenses For salaries and expenses necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; rental of conference rooms in the District of Columbia; reimbursement of the General Services Administration for security guard services; $144,000,000: *Provided,* That contracts may be entered into under “Salaries and expenses” in fiscal year 1999 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year. office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, $5,200,000, to remain available until September 30, 2000. Neighborhood Reinvestment Corporation payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), $90,000,000: *Provided,* That $25,000,000 shall be for a pilot homeownership initiative, including an evaluation by an independent third party to determine its effectiveness. Selective Service System salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; and not to exceed $1,000 for official reception and representation expenses, $24,176,000: *Provided,* That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever he deems such action to be necessary in the interest of national defense: *Provided further,* That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. 112 STAT. 2507 TITLE IV— GENERAL PROVISIONSShort title. SEC. 401. Where appropriations in titles I, II, and III of this Act are expendable for travel expenses and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefore in the budget estimates submitted for the appropriations: *Provided,* That this provision does not apply to accounts that do not contain an object classification for travel: *Provided further,* That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Department of Veterans Affairs; to travel performed in connection with major disasters or emergencies declared or determined by the President under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; to travel performed by the Offices of Inspector General in connection with audits and investigations; or to payments to interagency motor pools where separately set forth in the budget schedules: *Provided further,* That if appropriations in titles I, II, and III exceed the amounts set forth in budget estimates initially submitted for such appropriations, the expenditures for travel may correspondingly exceed the amounts therefore set forth in the estimates in the same proportion. SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. SEC. 403. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). SEC. 404. 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. 405. No funds appropriated by this Act may be expended—
(1)pursuant to a certification of an officer or employee of the United States unless—
(A)such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made; or
(B)the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and
(2)unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from such audit. 112 STAT. 2508 SEC. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any officer or employee of such department or agency between their domicile and their place of employment, with the exception of any officer or employee authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905. SEC. 407. None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals not specifically solicited by the Government: *Provided,* That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. SEC. 408. None of the funds in this Act may be used, directly or through grants, to pay or to provide reimbursement for payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of the rate paid for level IV of the Executive Schedule, unless specifically authorized by law. SEC. 409. None of the funds provided in this Act shall be used to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety Commission pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.). SEC. 410. Contracts.Public information.Records. Except as otherwise provided under existing law, or under an existing Executive Order issued pursuant to an existing law, the obligation or expenditure of any appropriation under this Act for contracts for any consulting service shall be limited to contracts which are:
(1)a matter of public record and available for public inspection; and
(2)thereafter included in a publicly available list of all contracts entered into within twenty-four months prior to the date on which the list is made available to the public and of all contracts on which performance has not been completed by such date. The list required by the preceding sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such contract. SEC. 411. Except as otherwise provided by law, no part of any appropriation contained in this Act shall be obligated or expended by any executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for services unless such executive agency:
(1)has awarded and entered into such contract in full compliance with such Act and the regulations promulgated thereunder; and
(2)requires any report prepared pursuant to such contract, including plans, evaluations, studies, analyses and manuals, and any report prepared by the agency which is substantially derived from or substantially includes any report prepared pursuant to such contract, to contain information concerning:
(A)the contract pursuant to which the report was prepared; and
(B)the contractor who prepared the report pursuant to such contract. SEC. 412. Except as otherwise provided in section 406, 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. 112 STAT. 2509 SEC. 413. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon. SEC. 414. None of the funds appropriated in title I of this Reports.Act shall be used to enter into any new lease of real property if the estimated annual rental is more than $300,000 unless the Secretary submits, in writing, a report to the Committees on Appropriations of the Congress and a period of 30 days has expired following the date on which the report is received by the Committees on Appropriations. SEC. 415.
(a)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)In providing financial assistance to, or entering into any Notice.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. SEC. 416. None of the funds appropriated in this Act may be used to implement any cap on reimbursements to grantees for indirect costs, except as published in Office of Management and Budget Circular A-21. SEC. 417. 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 in this Act. SEC. 418. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. SEC. 419. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency 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 Act as may be necessary in carrying out the programs set forth in the budget for 1999 for such corporation or agency except as hereinafter provided: *Provided,* That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. SEC. 420. Notwithstanding section 320(g) of the Federal Water Pollution Control Act (33 U.S.C. 1330(g)), funds made available pursuant to authorization under such section for fiscal year 1999 and prior fiscal years may be used for implementing comprehensive conservation and management plans. 112 STAT. 2510 SEC. 421. Notwithstanding any other provision of law, the term “qualified student loan” with respect to national service education awards shall mean any loan made directly to a student by the Alaska Commission on Postsecondary Education, in addition to other meanings under section 148(b)(7) of the National and Community Service Act. SEC. 422. Notwithstanding any other law, funds made available by this or any other Act or previous Acts for the United States/Mexico Foundation for Science may be used for the endowment of such Foundation. SEC. 423.
(a)Deadline.Reports.[15 USC 1201 note](/us/usc/t15/s1201). Within 90 days of the enactment of this Act, the Consumer Product Safety Commission shall make all necessary arrangements for the Committee on Toxicology of the National Academy of Sciences
(NAS)to conduct an independent 12-month study of the potential toxicologic risks of all flame-retardant chemicals identified by the NAS and the Commission as likely candidates for use in residential upholstered furniture for the purpose of meeting regulations proposed by the Commission for flame resistance of residential upholstered furniture.
(b)Upon completion of its report, the Academy shall send the report to the Commission, which shall provide it to the Congress.
(c)The Commission, before promulgating any notice of proposed rulemaking or final rulemaking setting flammability standards for residential upholstered furniture, shall consider fully the findings and conclusions of the Academy. SEC. 424. None of the funds made available in this Act may be used for researching methods to reduce methane emissions from cows, sheep, or any other ruminant livestock. SEC. 425. None of the funds made available in this Act may be used to carry out Executive Order No. 13083. SEC. 426. Unless otherwise provided for in this Act, no part of any appropriation for the Department of Housing and Urban Development shall be available for any activity in excess of amounts set forth in the budget estimates submitted for the appropriations. SEC. 427. National Fallen Firefighters Foundation.
(a)Establishment and Purposes.— Section 202 of the National Fallen [36 USC 151302 note](/us/usc/t36/s151302).Firefighters Foundation Act (36 U.S.C. 5201) is amended—
(1)by striking paragraph
(1)and inserting the following:" “(1) primarily— “(A) to encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters’ Memorial and the annual memorial service associated with the memorial; and “(B) to, in coordination with the Federal Government and fire services (as that term is defined in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203)), plan, direct, and manage the memorial service referred to in subparagraph
(A)and related activities;”; "
(2)in paragraph (2), by inserting “and Federal” after “non-Federal”;
(3)in paragraph (3)—
(A)by striking “State and local” and inserting “Federal, State, and local”; and
(B)by striking “and” at the end;
(4)in paragraph (4), by striking the period at the end and inserting a semicolon; and 112 STAT. 2511
(5)by adding at the end the following:" “(5) to provide for a national program to assist families of fallen firefighters and fire departments in dealing with line-of-duty deaths of those firefighters; and “(6) to promote national, State, and local initiatives to increase public awareness of fire and life safety.”. "
(b)Board of Directors of Foundation.— Section 203(g)(1) of the National Fallen Firefighters Foundation Act (36 U.S.C. 5202(g)(1)) [36 USC 151304 note](/us/usc/t36/s151304).is amended by striking subparagraph
(A)and inserting the following:" “(A) appointing officers or employees;”. "
(c)Administrative Services and Support.— Section 205 of the National Fallen Firefighters Foundation Act (36 U.S.C. 5204) [36 USC 151307 note](/us/usc/t36/s151307).is amended to read as follows:" “SEC. 205. ADMINISTRATIVE SERVICES AND SUPPORT. “(a) In General.— During the 10-year period beginning on the date of the enactment of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, the Administrator may— “(1) provide personnel, facilities, and other required services for the operation of the Foundation; and “(2) accept reimbursement for the assistance provided under paragraph (1). “(b) Reimbursement.— Any amounts received under subsection (a)(2) as reimbursement for assistance shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing that assistance. “(c) Prohibition.— Notwithstanding any other provision of law, no Federal personnel or stationery may be used to solicit funding for the Foundation.”. " SEC. 428. INELIGIBILITY OF INDIVIDUALS CONVICTED OF MANUFACTURING OR PRODUCING METHAMPHETAMINE FOR CERTAIN HOUSING ASSISTANCE. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended by adding at the end the following:" “(f) Ineligibility of Individuals Convicted of Manufacturing or Producing Methamphetamine On the Premises.— Notwithstanding any other provision of law, a public housing agency shall establish standards for occupancy in public housing dwelling units and assistance under section 8 that— “(1) permanently prohibit occupancy in any public housing dwelling unit by, and assistance under section 8 for, any person who has been convicted of manufacturing or otherwise producing methamphetamine on the premises in violation of any Federal or State law; and “(2) immediately and permanently terminate the tenancy in any public housing unit of, and the assistance under section 8 for, any person who is convicted of manufacturing or otherwise producing methamphetamine on the premises in violation of any Federal or State law.”. " SEC. 429.
(a)Not later than 90 days after the date of the Deadlines. Safety.enactment of this Act, the Consumer Product Safety Commission shall propose for comment a revocation of the amendments to the standards for the flammability of children’s sleepwear sizes 0 through 6X (contained in regulations published at 16 CFR part 1615) and 7 through 14 (contained in regulations published at 112 STAT. 251216 CFR part 1616) issued by the Commission on September 9, 1996 (61 FR 47634), and any subsequent amendments thereto.
(b)The General Accounting Office shall undertake a review of children’s burn incident data relating to bums from the ignition of children’s sleepwear from small open flame sources for the period July 1, 1997 through January 1, 1999. Such review shall be completed by April 1, 1999 and shall be submitted to the Congress and to the Consumer Product Safety Commission.
(c)Regulations. Not later than July 1, 1999, the Consumer Product Safety Commission shall promulgate a final rule revoking, maintaining or modifying the amendments issued by the Commission on September 9, 1996 (61 FR 47634) and any subsequent amendments thereto amending the Flammable Fabrics Act standards for the flammability of children’s sleepwear, considering and substantively addressing the findings of the General Accounting Office and other information available to the Commission.
(d)None of the following shall apply with respect to the promulgation of the amendment prescribed by subsection (a):
(1)The Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
(2)The Flammable Fabrics Act (15 U.S.C. 1191 et seq.).
(3)Chapter 6 of title 5, United States Code.
(4)The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(5)The Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104–121).
(6)Any other statute or Executive order. SEC. 430. [42 USC 6614 note](/us/usc/t42/s6614). COMPREHENSIVE ACCOUNTABILITY STUDY FOR FEDERALLY-FUNDED RESEARCH.
(a)Study.— The Director of the Office of Science and Technology Policy, in consultation with the Director of the Office of Management and Budget, may enter into an agreement with the National Academy of Sciences for the Academy to conduct a comprehensive study to develop methods for evaluating federally-funded research and development programs. This study shall—
(1)recommend processes to determine an acceptable level of success for federally-funded research and development programs by—
(A)describing the research process in the various scientific and engineering disciplines;
(B)describing in the different sciences what measures and what criteria each community uses to evaluate the success or failure of a program, and on what time scales these measures are considered reliable—both for exploratory long-range work and for short-range goals; and
(C)recommending how these measures may be adapted for use by the Federal Government to evaluate federally—unded research and development programs;
(2)assess the extent to which agencies incorporate independent merit-based evaluation into the formulation of the strategic plans of funding agencies and if the quantity or quality of this type of input is unsatisfactory;
(3)recommend mechanisms for identifying federally-funded research and development programs which are unsuccessful or unproductive; 112 STAT. 2513
(4)evaluate the extent to which independent, merit-based evaluation of federally-funded research and development programs and projects achieves the goal of eliminating unsuccessful or unproductive programs and projects; and
(5)investigate and report on the validity of using quantitative performance goals for aspects of programs which relate to administrative management of the program and for which such goals would be appropriate, including aspects related to—
(A)administrative burden on contractors and recipients of financial assistance awards;
(B)administrative burdens on external participants in independent, merit-based evaluations;
(C)cost and schedule control for construction projects funded by the program;
(D)the ratio of overhead costs of the program relative to the amounts expended through the program for equipment and direct funding of research; and
(E)the timeliness of program responses to requests for funding, participation, or equipment use.
(b)Independent Merit-Based Evaluation Defined.— The term “independent merit-based evaluation” means review of the scientific or technical quality of research or development, conducted by experts who are chosen for their knowledge of scientific and technical fields relevant to the evaluation and who—
(1)in the case of the review of a program activity, do not derive long-term support from the program activity; or
(2)in the case of the review of a project proposal, are not seeking funds in competition with the proposal. SEC. 431. INSURANCE; INDEMNIFICATION; LIABILITY.
(a)In General [42 USC 2458b note](/us/usc/t42/s2458b)..— The Administrator may provide liability insurance for, or indemnification to, the developer of an experimental aerospace vehicle developed or used in execution of an agreement between the Administration and the developer.
(b)Terms and Conditions.—
(1)In general.— Except as otherwise provided in this section, the insurance and indemnification provided by the Administration under subsection
(a)to a developer shall be provided on the same terms and conditions as insurance and indemnification is provided by the Administration under section 308 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2458b) to the user of a space vehicle.
(2)Insurance.—
(A)In general.— A developer shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by—
(i)a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with the development or use of an experimental aerospace vehicle; and
(ii)the United States Government for damage or loss to Government property resulting from such an activity.
(B)Maximum required.— The Administrator shall determine the amount of insurance required, but, except as provided in subparagraph (C), that amount shall not be greater than the amount required under section 112 STAT. 251470112(a)(3) of title 49, United States Code, for a launch. Federal Register, publication.Notice.The Administrator shall publish notice of the Administrator’s determination and the applicable amount or amounts in the Federal Register within 10 days after making the determination.
(C)Increase in dollar amounts.— The Administrator may increase the dollar amounts set forth in section 70112(a)(3)(A) of title 49, United States Code, for the purpose of applying that section under this section to a developer after consultation with the Comptroller General and such experts and consultants as may be appropriate, and after publishing notice of the increase in the Federal Register not less than 180 days before the increase goes into Public information.effect. The Administrator shall make available for public inspection, not later than the date of publication of such notice, a complete record of any correspondence received by the Administration, and a transcript of any meetings in which the Administration participated, regarding the proposed increase.
(D)Safety review required before administrator provides insurance.— The Administrator may not provide liability insurance or indemnification under subsection
(a)unless the developer establishes to the satisfaction of the Administrator that appropriate safety procedures and practices are being followed in the development of the experimental aerospace vehicle.
(3)No indemnification without cross-waiver.— Notwithstanding subsection (a), the Administrator may not indemnify a developer of an experimental aerospace vehicle under this section unless there is an agreement between the Administration and the developer described in subsection (c).
(4)Application of certain procedures.— If the Administrator requests additional appropriations to make payments under this section, like the payments that may be made under section 308(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2458b(b)), then the request for those appropriations shall be made in accordance with the procedures established by subsections
(d)and
(e)of section 70113 of title 49, United States Code.
(c)Cross-Waivers.—
(1)Administrator authorized to waive.— The Administrator, on behalf of the United States, and its departments, agencies, and related entities, may reciprocally waive claims with a developer and with the related entities of that developer under which each party to the waiver agrees to be responsible, and agrees to ensure that its own related entities are responsible, for damage or loss to its property for which it is responsible, or for losses resulting from any injury or death sustained by its own employees or agents, as a result of activities connected to the agreement or use of the experimental aerospace vehicle.
(2)Limitations.—
(A)Claims.— A reciprocal waiver under paragraph
(1)may not preclude a claim by any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, or the developer’s subcontractors) or that natural person’s estate, survivors, or 112 STAT. 2515subrogees for injury or death, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.
(B)Liability for negligence.— A reciprocal waiver under paragraph
(1)may not absolve any party of liability to any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, or the developer’s subcontractors) or such a natural person’s estate, survivors, or subrogees for negligence, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.
(C)Indemnification for damages.— A reciprocal waiver under paragraph
(1)may not be used as the basis of a claim by the Administration or the developer for indemnification against the other for damages paid to a natural person, or that natural person’s estate, survivors, or subrogees, for injury or death sustained by that natural person as a result of activities connected to the agreement or use of the experimental aerospace vehicle.
(3)Effect on previous waivers.— Subsection
(c)applies Applicability.to any waiver of claims entered into by the Administration without regard to whether it was entered into before, on, or after the date of the enactment of this Act.
(d)Definitions.— In this section:
(1)Administration.— The term “Administration” means the National Aeronautics and Space Administration.
(2)Administrator.— The term “Administrator” means the Administrator of the National Aeronautics and Space Administration.
(3)Common terms.— Any term used in this section that is defined in the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) has the same meaning in this section as when it is used in that Act.
(4)Developer.— The term “developer” means a United States person (other than a natural person) who—
(A)is a party to an agreement that was in effect before the date of the enactment of this Act with the Administration for the purpose of developing new technology for an experimental aerospace vehicle;
(B)owns or provides property to be flown or situated on that vehicle; or
(C)employs a natural person to be flown on that vehicle.
(5)Experimental aerospace vehicle.— The term “experimental aerospace vehicle” means an object intended to be flown in, or launched into, suborbital flight for the purpose of demonstrating technologies necessary for a reusable launch vehicle, developed under an agreement between the Administration and a developer that was in effect before the date of the enactment of this Act.
(6)Related entity.— The term “related entity” includes a contractor or subcontractor at any tier, a supplier, a grantee, and an investigator or detailee.
(e)Relationship to Other Laws.—
(1)Section 308 of national aeronautics and space act of 1958.— This section does not apply to any object, transaction, 112 STAT. 2516or operation to which section 308 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2458b) applies.
(2)Chapter 701 of title 49, united states code.— The Administrator may not provide indemnification to a developer under this section for launches subject to license under section 70117(g)(1) of title 49, United States Code.
(f)Termination.—
(1)In general.— The provisions of this section shall terminate on December 31, 2002, except that the Administrator may extend the termination date to a date not later than September 30, 2005, if the Administrator determines that such an extension is necessary to cover the operation of an experimental aerospace vehicle.
(2)Effect of termination on agreements.— The termination of this section does not terminate or otherwise affect a cross-waiver agreement, insurance agreement, indemnification agreement, or any other agreement entered into under this section except as may be provided in that agreement. SEC. 432. VIETNAM VETERANS ALLOTMENT— The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end:" “SEC. 41. “OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS
(a)[43 USC 1629g](/us/usc/t43/s1629g). In General.—
(1)During the eighteen month period following promulgation of implementing rules pursuant to subsection (e), a person described in subsection
(b)shall be eligible for an allotment of not more than two parcels of federal land totaling 160 acres or less under the Act of May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in effect before December 18, 1971. “(2) Allotments may be selected only from lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied those lands. “(3) The Secretary may not convey allotments containing any of the following— “(A) lands upon which a native or non-native campsite is located, except for a campsite used primarily by the person selecting the allotment; “(B) lands selected by, but not conveyed to, the State of Alaska pursuant to the Alaska Statehood Act or any other provision of law; “(C) lands selected by, but not conveyed to, a Village or Regional Corporation; “(D) lands designated as wilderness by statute; “(E) acquired lands; “(F) lands containing a building, permanent structure, or other development owned or controlled by the United States, another unit of government, or a person other than the person selecting the allotment; “(G) lands withdrawn or reserved for national defense purposes other than National Petroleum Reserve-Alaska; “(H) National Forest Lands; and “(I) lands selected or claimed, but not conveyed, under a public land law, including but not limited to the following: “(1) Lands within a recorded mining claim. “(2) Home sites. 112 STAT. 2517 “(3) Trade and Manufacturing sites. “(4) Reindeer sites and Reindeer headquarters sites. “(5) Cemetery sites. “(4) A person who qualifies for an allotment on lands prohibited from conveyance by a provision of subsection (a)(3) may select an alternative allotment from the following lands located within the geographic boundaries of the same Regional Corporation as the excluded allotment— “(A) lands withdrawn pursuant to section 11(a)(1) of this Act which were not selected, or were relinquished after selection; “(B) lands contiguous to the outer boundary of lands withdrawn pursuant to section 11(a)(1)(C) of this Act, except lands excluded from selection by a provision of subsection (a)(3) and lands within a National Park; and “(C) vacant, unappropriated and unreserved lands. “(5) After consultation with a person entitled to an allotment within a Conservation System Unit, the Secretary may convey alternative lands of equal acreage, including lands within a Conservation System Unit, to that person if the Secretary determines that the allotment would be incompatible with a purpose for which the Conservation System Unit was established. “(6) All conveyances under this section shall— “(A) be subject to valid existing rights, including any right of the United States to income derived, directly or indirectly, from a lease, license, permit, right-of-way or easement; and “(B) reserve to the United States deposits of oil, gas and coal, together with the right to explore, mine, and remove these minerals, on lands which the Secretary determines to be prospectively valuable for development. “(b) Eligible Person.—
(1)A person is eligible to select an allotment under this section if that person— “(A) would have been eligible for an allotment under the Act of May 17, 1906 (chapter 2469; 34 Stat. 197), as that Act was in effect before December 18, 1971; and “(B) is a veteran who served during the period between January 1, 1969 and December 31, 1971 and— “(i) served at least 6 months between January 1, 1969 and June 2, 1971; or “(ii) enlisted or was drafted into military service after June 2, 1971 but before December 3, 1971. “(2) The personal representative of the estate of a decedent who was eligible under subsection (b)(1) may, for the benefit of the heirs, select an allotment if, during the period specified in subsection (b)(1)(B), the decedent— “(A) was killed in action; “(B) was wounded in action and subsequently died as a direct consequence of that wound, as determined by the Department of Veterans Affairs; or “(C) died while a prisoner of war. “(3) No person who received an allotment or has a pending allotment under the Act of May 17, 1906 may receive an allotment under this section. “(c) Study and Report.—
(1)The Secretary of the Interior shall conduct a study to identify and assess the circumstances of veterans of the Vietnam era who— 112 STAT. 2518 “(A) served during a period other than that specified in subsection (b)(1)(B); “(B) were eligible for an allotment under the Act of May 17, 1906; and “(C) did not apply for an allotment under that Act. “(2) Deadline. The Secretary shall, within one year of the enactment of this section, issue a written report on the study, including findings and recommendations, to the Committee on Appropriations and the Committee on Energy and Natural Resources in the Senate and the Committee on Appropriations and the Committee on Resources in the House of Representatives. “(d) Definitions.— For the purposes of this section, the terms ‘veteran’ and ‘Vietnam era’ have the meanings given those terms by paragraphs
(2)and (29), respectively, of section 101 of title 38, United States Code. “(e) Deadline. Regulations.— No later than 18 months after enactment of this section, the Secretary of the Interior shall promulgate, after consultation with Alaska Natives groups, rules to carry out this section.”. " SEC. 433. Deadline. The Administrator of the National Aeronautics and Space Administration shall develop and deliver to the House and Senate Committees on Appropriations, no later than 60 days after the date of the enactment of this Act, a study of alternative approaches whereby NASA could contract with a Russian entity or entities for goods and services related to the International Space Station. The study shall evaluate, at a minimum, government- to-government, government-to-industry, and industry-to-industry arrangements. The study shall evaluate the pros and cons of each possible approach, addressing the following requirements:
(1)ensure that NASA receives value for each dollar spent;
(2)ensure that the funds provided can be audited;
(3)define appropriate milestones; and,
(4)adhere to all relevant technology transfer and export control laws. SEC. 434. Federal buildings and facilities. The National Aeronautics and Space Administration Lewis Research Center in Cleveland, Ohio, shall be redesignated as the “National Aeronautics and Space Administration John H. Glenn Research Center at Lewis Field”. Any reference in a law, map, regulation, document, paper, or other record of the United States to the National Aeronautics and Space Administration Lewis Research Center in Ohio shall be deemed to be a reference to the “National Aeronautics and Space Administration John H. Glenn Research Center at Lewis Field”. SEC. 435. The proposed Amendments to Accounting for Property, Plant, and Equipment (February 1998) (Amending Statements of Federal Financial Accounting Standards Nos. 6 and 8, “Accounting for Property, Plant, and Equipment” and “Supplementary Stewardship Reporting”) may be adopted without the prior notification and waiting period required by section 307 of the Chief Financial Officers Act of 1990 (Public Law 101–576). TITLE V—Quality Housing and Work Responsibility Act of 1998. PUBLIC HOUSING AND TENANT-BASED ASSISTANCE REFORM SEC. 501. SHORT TITLE AND TABLE OF CONTENTS.
(a)[42 USC 1437 note](/us/usc/t42/s1437). Short Title.— This title may be cited as the “Quality Housing and Work Responsibility Act of 1998”. 112 STAT. 2519
(b)Table of Contents.— The table of contents for this title is as follows: TITLE V— PUBLIC HOUSING AND TENANT-BASED ASSISTANCE REFORM Sec. 501. Short title and table of contents. Sec. 502. Findings and purposes. Sec. 503. Effective date and regulations. Subtitle A— General Provisions Sec. 505. Declaration of policy and public housing agency organization. Sec. 506. Definitions. Sec. 507. Minimum rent. Sec. 508. Determination of adjusted income and median income. Sec. 509. Family self-sufficiency program. Sec. 510. Prohibition on use of funds. Sec. 511. Public housing agency plan. Sec. 512. Community service and family self-sufficiency requirements. Sec. 513. Income targeting. Sec. 514. Repeal of Federal preferences. Sec. 515. Joint ventures and consortia of public housing agencies; repeal of energy conservation provisions. Sec. 516. Public housing agency mortgages and security interests. Sec. 517. Mental health action plan. Subtitle B— Public Housing Part 1— Capital and Operating Assistance Sec. 518. Contributions for lower income housing projects. Sec. 519. Public housing capital and operating funds. Sec. 520. Total development costs. Sec. 521. Sanctions for improper use of amounts. Sec. 522. Repeal of modernization fund. Part 2— Admissions and Occupancy Requirements Sec. 523. Family choice of rental payment. Sec. 524. Occupancy by police officers and over-income families. Sec. 525. Site-based waiting lists. Sec. 526. Pet ownership. Part 3— Management, Homeownership, and Demolition and Disposition Sec. 529. Contract provisions. Sec. 530. Housing quality requirements. Sec. 531. Demolition and disposition of public housing. Sec. 532. Resident councils and resident management corporations. Sec. 533. Conversion of public housing to vouchers; repeal of family investment centers. Sec. 534. Transfer of management of certain housing to independent manager at request of residents. Sec. 535. Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects. Sec. 536. Homeownership. Sec. 537. Required conversion of distressed public housing to tenant-based assistance. Sec. 538. Linking services to public housing residents. Sec. 539. Mixed-finance public housing. Subtitle C— Section 8 Rental and Homeownership Assistance Sec. 545. Merger of certificate and voucher programs. Sec. 546. Public housing agencies. Sec. 547. Administrative fees. Sec. 548. Law enforcement and security personnel in assisted housing. Sec. 549. Advance notice to tenants of expiration, termination, or owner nonrenewal of assistance contract. Sec. 550. Technical and conforming amendments. Sec. 551. Funding and allocation. Sec. 552. Treatment of common areas. Sec. 553. Portability. Sec. 554. Leasing to voucher holders. Sec. 555. Homeownership option. 112 STAT. 2520 Sec. 556. Renewals. Sec. 557. Manufactured housing demonstration program. Sec. 558. Authorizations of appropriations. Sec. 559. Rulemaking and implementation. Subtitle D— Home Rule Flexible Grant Demonstration Sec. 561. Home rule flexible grant demonstration program. Subtitle E— Accountability and Oversight of Public Housing Agencies Sec. 563. Study of alternative methods for evaluating public housing agencies. Sec. 564. Public housing management assessment program. Sec. 565. Expansion of powers for dealing with public housing agencies in substantial default. Sec. 566. Audits. Sec. 567. Advisory council for housing authority of New Orleans. Sec. 568. Treatment of troubled PHA’s. Subtitle F— Safety and Security in Public and Assisted Housing Sec. 575. Provisions applicable only to public housing and section 8 assistance. Sec. 576. Screening of applicants for federally assisted housing. Sec. 577. Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing. Sec. 578. Ineligibility of dangerous sex offenders for admission to public housing. Sec. 579. Definitions. Subtitle G— Repeals and Related Provisions Sec. 581. Annual report. Sec. 582. Repeals relating to public housing and section 8 programs. Sec. 583. Public housing flexibility in CHAS. Sec. 584. Use of American products. Sec. 585. GAO study on housing assistance program costs. Sec. 586. Amendments to Public and Assisted Housing Drug Elimination Act of 1990. Sec. 587. Review of drug elimination program contracts. Sec. 588. Prohibition on use of assistance for employment relocation activities. Sec. 589. Treatment of occupancy standards. Sec. 590. Income eligibility for HOME and CDBG programs. Sec. 591. Report on single family and multifamily homes. Sec. 592. Use of assisted housing by aliens. Sec. 593. Protection of senior homeowners under reverse mortgage program. Sec. 594. Housing counseling. Sec. 595. Native American housing assistance. Sec. 596. CDBG public services cap. Sec. 597. Moderate rehabilitation program. Sec. 598. National cities in schools program. Sec. 599. Tenant participation in multifamily housing projects. Sec. 599A. Clarification regarding recreational vehicles. Sec. 599B. Determination of low-income eligibility for homeownership assistance. Sec. 599C. Amendments to rural housing programs. Sec. 599D. Reauthorization of national flood insurance program. Sec. 599E. Assistance for self-help housing providers Sec. 599F. Special mortgage insurance assistance. Sec. 599G. Rehabilitation demonstration grant program. Sec. 599H. Assistance for certain localities. SEC. 502. FINDINGS AND PURPOSES.[42 USC 1437 note](/us/usc/t42/s1437).
(a)Findings.— Congress finds that—
(1)there exists throughout the Nation a need for decent, safe, and affordable housing;
(2)the inventory of public housing units owned, assisted, or operated by public housing agencies, an asset in which the Federal Government has invested over $90,000,000,000, has traditionally provided rental housing that is affordable to low-income persons;
(3)despite serving this critical function, the public housing system is plagued by a series of problems, including the concentration of very poor people in very poor neighborhoods and disincentives for economic self-sufficiency; 112 STAT. 2521
(4)the Federal method of overseeing every aspect of public housing by detailed and complex statutes and regulations has aggravated the problem and has placed excessive administrative burdens on public housing agencies; and
(5)the interests of low-income persons, and the public interest, will best be served by a reformed public housing program that—
(A)consolidates many public housing programs into programs for the operation and capital needs of public housing;
(B)streamlines program requirements;
(C)vests in public housing agencies that perform well the maximum feasible authority, discretion, and control with appropriate accountability to public housing residents, localities, and the general public; and
(D)rewards employment and economic self-sufficiency of public housing residents.
(b)Purposes.— The purpose of this title is to promote homes that are affordable to low-income families in safe and healthy environments, and thereby contribute to the supply of affordable housing, by—
(1)deregulating and decontrolling public housing agencies, thereby enabling them to perform as property and asset managers;
(2)providing for more flexible use of Federal assistance to public housing agencies, allowing the authorities to leverage and combine assistance amounts with amounts obtained from other sources;
(3)facilitating mixed income communities and decreasing concentrations of poverty in public housing;
(4)increasing accountability and rewarding effective management of public housing agencies;
(5)creating incentives and economic opportunities for residents of dwelling units assisted by public housing agencies to work, become self-sufficient, and transition out of public housing and federally assisted dwelling units;
(6)consolidating the voucher and certificate programs for rental assistance under section 8 of the United States Housing Act of 1937 into a single market-driven program that will assist in making tenant-based rental assistance under such section more successful at helping low-income families obtain affordable housing and will increase housing choice for low-income families; and
(7)remedying the problems of troubled public housing agencies and replacing or revitalizing severely distressed public housing projects. SEC. 503. EFFECTIVE DATE AND REGULATIONS.[42 USC 1437 note](/us/usc/t42/s1437).
(a)In General.— The amendments under this title are made on the date of the enactment of this Act, but this title shall take effect, and the amendments made by this title shall apply beginning upon, October 1, 1999, except—
(1)as otherwise specifically provided in this title; or
(2)as otherwise specifically provided in any amendment made by this title. The Secretary may, by notice, implement any provision of this title or any amendment made by this title before such date, except 112 STAT. 2522 to the extent that such provision or amendment specifically provides otherwise.
(b)Savings Provision.— Notwithstanding any amendment under this title that is made (in accordance with subsection (a)) on the date of the enactment of this Act but applies beginning on October 1, 1999, the provisions of law amended by such amendment, as such provisions were in effect immediately before the making of such amendment, shall continue to apply during the period beginning on the date of the enactment of this Act and ending upon October 1, 1999, unless otherwise specifically provided by this title.
(c)Deadline. Technical Recommendations.— Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives, recommended technical and conforming legislative changes necessary to carry out this title and the amendments made by this title.
(d)Deadline.Federal Register, publication. List of Obsolete Documents.— Not later than October 1, 1999, the Secretary of Housing and Urban Development shall cause to be published in the Federal Register a list of all rules, regulations, and orders (including all handbooks, notices, and related requirements) pertaining to public housing or section 8 tenant-based programs issued or promulgated under the United States Housing Act of 1937 before the date of the enactment of this Act that are or will be obsolete because of the enactment of this Act or are otherwise obsolete.
(e)Protection of Certain Regulations.— No provision of this title may be construed to repeal the regulations of the Secretary regarding tenant participation and tenant opportunities in public housing (24 C.F.R. 964).
(g)Effective Date.— This section shall take effect on the date of the enactment of this Act. Subtitle A— General Provisions SEC. 505. DECLARATION OF POLICY AND PUBLIC HOUSING AGENCY ORGANIZATION. Section 2 of the United States Housing Act of 1937 (42 U.S.C. 1437) is amended to read as follows:" “SEC. 2. DECLARATION OF POLICY AND PUBLIC HOUSING AGENCY ORGANIZATION. “(a) Declaration of Policy.— It is the policy of the United States— “(1) to promote the general welfare of the Nation by employing the funds and credit of the Nation, as provided in this Act— “(A) to assist States and political subdivisions of States to remedy the unsafe housing conditions and the acute shortage of decent and safe dwellings for low-income families; “(B) to assist States and political subdivisions of States to address the shortage of housing affordable to low-income families; and 112 STAT. 2523 “(C) consistent with the objectives of this title, to vest in public housing agencies that perform well, the maximum amount of responsibility and flexibility in program administration, with appropriate accountability to public housing residents, localities, and the general public; “(2) that the Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods; “(3) that the Federal Government should act where there is a serious need that private citizens or groups cannot or are not addressing responsibly; and “(4) that our Nation should promote the goal of providing decent and affordable housing for all citizens through the efforts and encouragement of Federal, State, and local governments, and by the independent and collective actions of private citizens, organizations, and the private sector. “(b) Public Housing Agency Organization.— “(1) Required membership.— Except as provided in paragraph (2), the membership of the board of directors or similar governing body of each public housing agency shall contain not less than 1 member— “(A) who is directly assisted by the public housing agency; and “(B) who may, if provided for in the public housing agency plan, be elected by the residents directly assisted by the public housing agency. “(2) Exception.— Paragraph
(1)shall not apply to any public housing agency— “(A) that is located in a State that requires the members of the board of directors or similar governing body of a public housing agency to be salaried and to serve on a full-time basis; or “(B) with less than 300 public housing units, if— “(i) the agency has provided reasonable notice to the resident advisory board of the opportunity of not less than 1 resident described in paragraph
(1)to serve on the board of directors or similar governing body of the public housing agency pursuant to such paragraph; and “(ii) within a reasonable time after receipt by the resident advisory board established by the agency pursuant to section 5A(e) of notice under clause (i), the public housing agency has not been notified of the intention of any resident to participate on the board of directors. “(3) Nondiscrimination.— No person shall be prohibited from serving on the board of directors or similar governing body of a public housing agency because of the residence of that person in a public housing project or status as assisted under section 8.”. " SEC. 506. DEFINITIONS. Section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) is amended as follows:112 STAT. 2524
(1)Public housing.— In paragraph (1), by inserting after the second sentence the following new sentence: “The term ‘public housing’ includes dwelling units in a mixed finance project that are assisted by a public housing agency with capital or operating assistance.”.
(2)Single persons.— In paragraph (3)—
(A)in subparagraph (A), by striking the third sentence; and
(B)in subparagraph (B), in the second sentence, by striking “regulations of the Secretary” and inserting “public housing agency plan”.
(3)Person with disabilities.— In paragraph (3)(E), by adding after the period at the end the following new sentences: “Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for low-income housing under this title, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.”.
(4)New terms.— Section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) is amended by adding at the end the following new paragraphs:" “(9) Drug-related criminal activity.— The term ‘drug-related criminal activity’ means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as such term is defined in section 102 of the Controlled Substances Act). “(10) Mixed-finance project.— The term ‘mixed-finance project’ means a public housing project that meets the requirements of section 35. “(11) Public housing agency plan.— The term ‘public housing agency plan’ means the plan of a public housing agency prepared in accordance with section 5A. “(12) Capital fund.— The term ‘Capital Fund’ means the fund established under section 9(d). “(13) Operating fund.— The term ‘Operating Fund’ means the fund established under section 9(e).”. " SEC. 507. MINIMUM RENT.
(a)In General.— Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended by adding at the end the following new paragraph:" “(3) Minimum rental amount.— “(A) Requirement.— Notwithstanding paragraph
(1)of this subsection, the method for rent determination elected pursuant to paragraph (2)(A) of this subsection by a family residing in public housing, section 8(o)(2) of this Act, or section 206(d) of the Housing and Urban-Rural Recovery Act of 1983 (including paragraph
(5)of such section), the following entities shall require the following families to pay a minimum monthly rental amount (which amount shall include any amount allowed for utilities) of not more than $50 per month, as follows: “(i) Each public housing agency shall require the payment of such minimum monthly rental amount, which amount shall be determined by the agency, by— “(I) each family residing in a dwelling unit in public housing by the agency; 112 STAT. 2525 “(II) each family who is assisted under the certificate or moderate rehabilitation program under section 8; and “(III) each family who is assisted under the voucher program under section 8, and the agency shall reduce the monthly assistance payment on behalf of such family as may be necessary to ensure payment of such minimum monthly rental amount. “(ii) The Secretary shall require each family who is assisted under any other program for rental assistance under section 8 to pay such minimum monthly rental amount, which amount shall be determined by the Secretary. “(B) Exception for hardship circumstances.— “(i) In general.— Notwithstanding subparagraph (A), a public housing agency (or the Secretary, in the case of a family described in subparagraph (A)(ii)) shall immediately grant an exemption from application of the minimum monthly rental under such subparagraph to any family unable to pay such amount because of financial hardship, which shall include situations in which
(I)the family has lost eligibility for or is awaiting an eligibility determination for a Federal, State, or local assistance program, including a family that includes a member who is an alien lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996;
(II)the family would be evicted as a result of the imposition of the minimum rent requirement under subparagraph (A);
(III)the income of the family has decreased because of changed circumstance, including loss of employment;
(IV)a death in the family has occurred; and
(V)other situations as may be determined by the agency (or the Secretary, in the case of a family described in subparagraph (A)(ii)). “(ii) Waiting period.— If a resident requests a hardship exemption under this subparagraph and the public housing agency (or the Secretary, in the case of a family described in subparagraph (A)(ii)) reasonably determines the hardship to be of a temporary nature, an exemption shall not be granted during the 90-day period beginning upon the making of a request for the exemption. A resident may not be evicted during such 90-day period for nonpayment of rent. In such a case, if the resident thereafter demonstrates that the financial hardship is of a long-term basis, the agency (or the Secretary) shall retroactively exempt the resident from the applicability of the minimum rent requirement for such 90-day period.”. "
(b)Repeal of Duplicative Provisions.— Section 402 of the Balanced Budget Downpayment Act, I (Public Law 104–99; 110 Stat. 40) is amended by striking subsection (a).
(c)Conforming Amendment.— The third sentence of section 3(a)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(1) is amended by inserting “and subject to the requirement under paragraph (3)” before the first comma. 112 STAT. 2526
(d)[42 USC 1437a note](/us/usc/t42/s1437a). Effective Date.— The amendments under this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 508. DETERMINATION OF ADJUSTED INCOME AND MEDIAN INCOME.
(a)Adjusted Income.— Paragraph
(5)of section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5) is amended to read as follows:" “(5) Adjusted Income.— The term ‘adjusted income’ means, with respect to a family, the amount (as determined by the public housing agency) of the income of the members of the family residing in a dwelling unit or the persons on a lease, after any income exclusions as follows: “(A) Mandatory exclusions.— In determining adjusted income, a public housing agency shall exclude from the annual income of a family the following amounts: “(i) Elderly and disabled families.— $400 for any elderly or disabled family. “(ii) Medical expenses.—The amount by which 3 percent of the annual family income is exceeded by the sum of— “(I) unreimbursed medical expenses of any elderly family or disabled family; “(II) unreimbursed medical expenses of any family that is not covered under subclause (I), except that this subclause shall apply only to the extent approved in appropriation Acts; and “(III) unreimbursed reasonable attendant care and auxiliary apparatus expenses for each handicapped member of the family, to the extent necessary to enable any member of such family (including such handicapped member) to be employed. “(iii) Child care expenses.—Any reasonable child care expenses necessary to enable a member of the family to be employed or to further his or her education. “(iv) Minors, students, and persons with disabilities.— $480 for each member of the family residing in the household (other than the head of the household or his or her spouse) who is less than 18 years of age or is attending school or vocational training on a full-time basis, or who is 18 years of age or older and is a person with disabilities. “(v) Child support payments.— Any payment made by a member of the family for the support and maintenance of any child who does not reside in the household, except that the amount excluded under this clause may not exceed $480 for each child for whom such payment is made; except that this clause shall apply only to the extent approved in appropriations Acts. “(vi) Applicability. Spousal support expenses.— Any payment made by a member of the family for the support and maintenance of any spouse or former spouse who does not reside in the household, except that the amount excluded under this clause shall not exceed the lesser of
(I)the amount that such family member has a legal obligation to pay, or
(II)$550 for each individual for whom such payment 112 STAT. 2527 is made; except that this clause shall apply only to the extent approved in appropriations Acts. “(vii) Earned income of minors.— The amount of any earned income of a member of the family who is not— “(I) 18 years of age or older; and “(II) the head of the household (or the spouse of the head of the household). “(B) Permissive exclusions for public housing.— In determining adjusted income, a public housing agency may, in the discretion of the agency, establish exclusions from the annual income of a family residing in a public housing dwelling unit. Such exclusions may include the following amounts: “(i) Excessive travel expenses.— Excessive travel expenses in an amount not to exceed $25 per family per week, for employment- or education-related travel. “(ii) Earned income.—An amount of any earned income of the family, established at the discretion of the public housing agency, which may be based on— “(I) all earned income of the family, “(II) the amount earned by particular members of the family; “(III) the amount earned by families having certain characteristics; or “(IV) the amount earned by families or members during certain periods or from certain sources. “(iii) Others.—Such other amounts for other purposes, as the public housing agency may establish.”. "
(b)Disallowance of Earned Income From Public Housing Rent Determinations.—
(1)In general.— Section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a) is amended—
(A)by striking the undesignated paragraph that follows subsection (c)(3) (as added by section 515(b) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625; 104 Stat. 4199)); and
(B)by adding at the end the following new subsections:" “(d) Disallowance of Earned Income From Rent Determinations.— “(1) In general.— Notwithstanding any other provision of law, the rent payable under subsection
(a)by a family described in paragraph
(3)of this subsection may not be increased as a result of the increased income due to such employment during the 12-month period beginning on the date on which the employment is commenced. “(2) Phase-in of rent increases.— Upon the expiration of the 12-month period referred to in paragraph (1), the rent payable by a family described in paragraph
(3)may be increased due to the continued employment of the family member described in paragraph (3)(B), except that during the 12-month period beginning upon such expiration the amount of the increase may not be greater than 50 percent of the amount of the total rent increase that would be applicable but for this paragraph. “(3) Eligible families.— A family described in this paragraph is a family— “(A) that— 112 STAT. 2528 “(i) occupies a dwelling unit in a public housing project; or “(ii) receives assistance under section 8; and “(B)
(i)whose income increases as a result of employment of a member of the family who was previously unemployed for 1 or more years; “(ii) whose earned income increases during the participation of a family member in any family self-sufficiency or other job training program; or “(iii) who is or was, within 6 months, assisted under any State program for temporary assistance for needy families funded under part A of title IV of the Social Security Act and whose earned income increases. “(4) Applicability.— This subsection and subsection
(e)shall apply beginning upon October 1, 1999, except that this subsection and subsection
(e)shall apply with respect to any family described in paragraph 3(A)(ii) only to the extent provided in advance in appropriations Acts. “(e) Individual Savings Accounts.— “(1) In general.— In lieu of a disallowance of earned income under subsection (d), upon the request of a family that qualifies under subsection (d), a public housing agency may establish an individual savings account in accordance with this subsection for that family. “(2) Deposits to account.— The public housing agency shall deposit in any savings account established under this subsection an amount equal to the total amount that otherwise would be applied to the family’s rent payment under subsection
(a)as a result of employment. “(3) Withdrawal from account.— Amounts deposited in a savings account established under this subsection may only be withdrawn by the family for the purpose of— “(A) purchasing a home; “(B) paying education costs of family members; “(C) moving out of public or assisted housing; or “(D) paying any other expense authorized by the public housing agency for the purpose of promoting the economic self-sufficiency of residents of public and assisted housing.”. "
(2)Applicability.[42 USC 1437a note](/us/usc/t42/s1437a). Savings provision.— Notwithstanding the amendment made by paragraph (1), the provisions of the undesignated paragraph at the end of section 3(c)(3) of the United States Housing Act of 1937, as such section was in effect immediately before the enactment of this Act, shall continue to apply until the effective date under section 503 of this Act. Notwithstanding the amendment made by subsection
(a)of this section, nor the applicability under section 402(f) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437a note) of the amendments made by such section 402, nor any repeal of such section 402(f), the provisions of section 3(b)(5)(G) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)(G)), as such section was in effect immediately before the date of the enactment of this Act, shall continue to apply until the effective date under section 503 of this Act.
(c)Median Income.—
(1)In general.— Section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)) is amended—
(A)in the 4th sentence— 112 STAT. 2529
(i)by striking “County” and inserting “and Rockland Counties”; and
(ii)by inserting “each” before “such county”;
(B)in the last sentence—
(i)by striking “County” the 1st place it appears and inserting “or Rockland Counties”; and
(ii)by striking “County” the 2d place it appears and inserting “and Rockland Counties”; and
(C)by adding at the end the following new sentences: New York. "“In determining areas that are designated as difficult development areas for purposes of the low-income housing tax credit, the Secretary shall include Westchester and Rockland Counties, New York, in the New York City metropolitan area.”."
(2)Applicability.— The amendments made by this paragraph [42 USC 1437a note](/us/usc/t42/s1437a).are made on, and shall apply beginning upon, the date of the enactment of this Act.
(d)Availability of Income Matching Information.—
(1)Availability.— Section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:" “(f) Availability of Income Matching Information.— “(1) Disclosure to pha.— A public housing agency shall require any family described in paragraph
(2)who receives information regarding income, earnings, wages, or unemployment compensation from the Department of Housing and Urban Development pursuant to income verification procedures of the Department to disclose such information, upon receipt of the information, to the public housing agency that owns or operates the public housing dwelling unit in which such family resides or that provides the housing assistance under this Act on behalf of such family, as applicable. “(2) Families covered.— A family described in this paragraph is a family that resides in a dwelling unit— “(A) that is a public housing dwelling unit; or “(B) for which tenant-based assistance is provided under section 8.”. "
(2)Protection of applicants and participants.— Section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544) is amended—
(A)in subsection (b)—
(i)in paragraph (2), by striking “and” at the end;
(iii)in paragraph (3), by striking the period at the end and inserting “; and”; and
(ii)by adding at the end the following new paragraph:" “(4) only in the case of an applicant or participant that is a member of a family described in section 3(f)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(f)(2)), sign an agreement under which the applicant or participant agrees to provide to the appropriate public housing agency the information required under section 3(f)(1) of such Act for the sole purpose of the public housing agency verifying income information pertinent to the applicant’s or participant’s eligibility or level of benefits, and comply with such agreement.”; and " 112 STAT. 2530
(B)in subsection (c)—
(i)in paragraph (2)(A), in the matter preceding clause (i)—
(I)by inserting before “or” the first place it appears the following: “, pursuant to section 3(d)( 1) of the United States Housing Act of 1937 from the applicant or participant,”; and
(II)by inserting “or 3(d)(1)” after “such section 303(i)”; and
(ii)in paragraph (3)—
(I)in subparagraph (A), by inserting “, section 3(d)(1) of the United States Housing Act of 1937,” after “Social Security Act”;
(II)in subparagraph (A), by inserting “or agreement, as applicable,” after “consent”;
(III)in subparagraph (B), by inserting “section 3(d)(1) of the United States Housing Act of 1937,” after “Social Security Act,”; and
(IV)in subparagraph (B), by inserting “, such section 3(d)(1),” after “such section 303(i),” each place it appears. SEC. 509. FAMILY SELF-SUFFICIENCY PROGRAM.
(a)In General.— Section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u(b)) is amended—
(1)in subsection (b)—
(A)in paragraph (1)—
(i)in subparagraph (A), by striking “and” at the end;
(ii)in subparagraph (B), by striking the period at the end and inserting “, subject to the limitations in paragraph (4); and”; and
(iii)by adding at the end the following new subparagraph:" “(C) effective on the date of the enactment of the Quality Housing and Work Responsibility Act of 1998, to the extent an agency is not required to carry out a program pursuant to subparagraph
(B)of this paragraph and paragraph (4), may carry out a local Family Self-Sufficiency program under this section.”; "
(B)in paragraph (3), by striking “Each” and inserting “Subject to paragraph (4), each”;
(C)by redesignating paragraph
(4)as paragraph (5); and
(D)by inserting after paragraph
(3)the following new paragraph:" “(4) Termination of requirement to expand program.— “(A) In general.— Notwithstanding any other provision of law, a public housing agency that receives incremental assistance under subsection
(b)or
(o)of section 8 or that makes available new public housing dwelling units shall not be required, after the enactment of the Quality Housing and Work Responsibility Act of 1998, to provide assistance under a local Family Self-Sufficiency program under this section to any families not required to be assisted under subparagraph
(B)of this paragraph. “(B) Continuation of existing obligations.— 112 STAT. 2531 “(i) In general.—Each public housing agency that, before the enactment of the Quality Housing and Work Responsibility Act of 1998, was required under this section to carry out a local Family Self-Sufficiency program shall continue to operate such local program for the number of families determined under paragraph (3), subject only to the availability under appropriations Acts of sufficient amounts for housing assistance. “(ii) Reduction.—The number of families for which an agency is required under clause
(i)to operate such local program shall be decreased by one for each family that, after enactment of the Quality Housing and Work Responsibility Act of 1998, fulfills its obligations under the contract of participation.”; "
(2)in subsection (d), by striking the second paragraph that is designated as paragraph
(3)(relating to use of escrow savings accounts for section 8 homeownership; as added by section 185(b) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3747)); and
(3)in subsection (f)(1), by inserting “carrying out a local program under this section” after “Each public housing agency”.
(b)Applicability.— The amendments made by this subsection [42 USC 1437o note](/us/usc/t42/s1437o).are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 510. PROHIBITION ON USE OF FUNDS. Section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437c)) is amended by adding at the end the following new subsection:" “(1) Prohibition on Use of Funds.— None of the funds made available to the Department of Housing and Urban Development to carry out this Act, which are obligated to State or local governments, public housing agencies, housing finance agencies, or other public or quasi-public housing agencies, shall be used to indemnify contractors or subcontractors of the government or agency against costs associated with judgments of infringement of intellectual property rights.”. " SEC. 511. PUBLIC HOUSING AGENCY PLAN.
(a)In General.— Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by inserting after section 5 the following new section:" “SEC. 5A. PUBLIC HOUSING AGENCY PLANS[42 USC 1437c-1](/us/usc/t42/s1437c-1).. “(a) 5-Year Plan.— “(1) In general.— Subject to paragraph (2), not less than once every 5 fiscal years, each public housing agency shall submit to the Secretary a plan that includes, with respect to the 5 fiscal years immediately following the date on which the plan is submitted— “(A) a statement of the mission of the public housing agency for serving the needs of low-income and very low-income families in the jurisdiction of the public housing agency during such fiscal years; and “(B) a statement of the goals and objectives of the public housing agency that will enable the public housing agency to serve the needs identified pursuant to subparagraph
(A)during those fiscal years. 112 STAT. 2532 “(2) Initial plan.— The initial 5-year plan submitted by a public housing agency under this subsection shall be submitted for the 5-year period beginning on October 1, 1999, or the first fiscal year thereafter for which the public housing agency initially receives assistance under this Act. “(b) Annual Plan.— “(1) Effective date. In general.— Effective beginning upon October 1, 1999, each public housing agency shall submit to the Secretary an annual public housing agency plan under this subsection for each fiscal year for which the public housing agency receives assistance under section 8(o) or 9. “(2) Updates.— For each fiscal year after the initial submission of an annual plan under this subsection by a public housing agency, the public housing agency may comply with requirements for submission of a plan under this subsection by submitting an update of the plan for the fiscal year. “(c) Procedures.— “(1) In general.— The Secretary shall establish requirements and procedures for submission and review of plans, including requirements for timing and form of submission, and for the contents of such plans. “(2) Contents.— The procedures established under paragraph
(1)shall provide that a public housing agency shall— “(A) in developing the plan consult with the resident advisory board established under subsection (e); and “(B) ensure that the plan under this section is consistent with the applicable comprehensive housing affordability strategy (or any consolidated plan incorporating such strategy) for the jurisdiction in which the public housing agency is located, in accordance with title I of the Cranston-Gonzalez National Affordable Housing Act, and contains a certification by the appropriate State or local official that the plan meets the requirements of this paragraph and a description of the manner in which the applicable contents of the public housing agency plan are consistent with the comprehensive housing affordability strategy. “(d) Contents.— An annual public housing agency plan under subsection
(b)for a public housing agency shall contain the following information relating to the upcoming fiscal year for which the assistance under this Act is to be made available: “(1) Needs.— A statement of the housing needs of low- income and very low-income families residing in the jurisdiction served by the public housing agency, and of other low-income and very low-income families on the waiting list of the agency (including housing needs of elderly families and disabled families), and the means by which the public housing agency intends, to the maximum extent practicable, to address those needs. “(2) Financial resources.— A statement of financial resources available to the agency and the planned uses of those resources. “(3) Eligibility, selection, and admissions policies.— A statement of the policies governing eligibility, selection, admissions (including any preferences), assignment, and occupancy of families with respect to public housing dwelling units and housing assistance under section 8(o), including— 112 STAT. 2533 “(A) the procedures for maintaining waiting lists for admissions to public housing projects of the agency, which may include a system of site-based waiting lists under section 6(r); and “(B) the admissions policy under section 16(a)(3)(B) for deconcentration of lower-income families. “(4) Rent determination.— A statement of the policies of the public housing agency governing rents charged for public housing dwelling units and rental contributions of families assisted under section 8(o). “(5) Operation and management.— A statement of the rules, standards, and policies of the public housing agency governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including by cockroaches), and management of the public housing agency and programs of the public housing agency. “(6) Grievance procedure.— A statement of the grievance procedures of the public housing agency. “(7) Capital improvements.— With respect to public housing projects owned, assisted, or operated by the public housing agency, a plan describing the capital improvements necessary to ensure long-term physical and social viability of the projects. “(8) Demolition and disposition.— With respect to public housing projects owned by the public housing agency— “(A) a description of any housing for which the PHA will apply for demolition or disposition under section 18; and “(B) a timetable for the demolition or disposition. “(9) Designation of housing for elderly and disabled families.— With respect to public housing projects owned, assisted, or operated by the public housing agency, a description of any projects (or portions thereof) that the public housing agency has designated or will apply for designation for occupancy by elderly and disabled families in accordance with section 7. “(10) Conversion of public housing.— With respect to public housing owned by a public housing agency— “(A) a description of any building or buildings that the public housing agency is required to convert to tenant-based assistance under section 33 or that the public housing agency plans to voluntarily convert under section 22; “(B) an analysis of the projects or buildings required to be converted under section 33; and “(C) a statement of the amount of assistance received under this Act to be used for rental assistance or other housing assistance in connection with such conversion. “(11) Homeownership.— A description of any homeownership programs of the agency under section 8(y) or for which the public housing agency has applied or will apply for approval under section 32. “(12) Community service and self-sufficiency.— A description of— “(A) any programs relating to services and amenities provided or offered to assisted families; 112 STAT. 2534 “(B) any policies or programs of the public housing agency for the enhancement of the economic and social self-sufficiency of assisted families; “(C) how the public housing agency will comply with the requirements of subsections
(c)and
(d)of section 12 (relating to community service and treatment of income changes resulting from welfare program requirements). “(13) Safety and crime prevention.— A plan established by the public housing agency, which shall be subject to the following requirements: “(A) Safety measures.— The plan shall provide, on a project-by-project or jurisdiction-wide basis, for measures to ensure the safety of public housing residents. “(B) Establishment.— The plan shall be established in consultation with the police officer or officers in command for the appropriate precinct or police department. “(C) Content.— The plan shall describe the need for measures to ensure the safety of public housing residents and for crime prevention measures, describe any such activities conducted or to be conducted by the agency, and provide for coordination between the agency and the appropriate police precincts for carrying out such measures and activities. “(D) Secretarial action.— If the Secretary determines, at any time, that the security needs of a project are not being adequately addressed by the plan, or that the local police precinct is not complying with the plan, the Secretary may mediate between the public housing agency and the local precinct to resolve any issues of conflict. “(14) Pets.— The requirements of the agency, pursuant to section 31, relating to pet ownership in public housing. “(15) Civil rights certification.— A certification by the public housing agency that the public housing agency will carry out the public housing agency plan in conformity with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing. “(16) Annual audit.— The results of the most recent fiscal year audit of the public housing agency under section 5(h)(2). “(17) Asset management.— A statement of how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory. “(18) Other.— Any other information required by law to be included in a public housing agency plan. “(e) Resident Advisory Board.— “(1) Establishment. In general.— Except as provided in paragraph (3), each public housing agency shall establish 1 or more resident advisory boards in accordance with this subsection, the membership of which shall adequately reflect and represent the residents assisted by the public housing agency. “(2) Functions.— Each resident advisory board established under this subsection by a public housing agency shall assist 112 STAT. 2535and make recommendations regarding the development of the public housing agency plan for the agency. The agency shall consider the recommendations of the resident advisory boards in preparing the final public housing agency plan, and shall include, in the public housing agency plan submitted to the Secretary under this section, a copy of the recommendations and a description of the manner in which the recommendations were addressed. “(3) Waiver.— The Secretary may waive the requirements of this subsection with respect to the establishment of resident advisory boards for a public housing agency if the agency demonstrates to the satisfaction of the Secretary that there exist resident councils or other resident organizations of the public housing agency that— “(A) adequately represent the interests of the residents of the public housing agency; and “(B) have the ability to perform the functions described in paragraph (2). “(1) In general.— In developing a public housing agency plan under this section, the board of directors or similar governing body of a public housing agency shall conduct a public hearing to discuss the public housing agency plan and to invite public comment regarding that plan. The hearing shall be conducted at a location that is convenient to residents. “(2) Availability of information and notice.— Not later Deadline.than 45 days before the date of a hearing conducted under paragraph (1), the public housing agency shall— “(A) make the proposed public housing agency plan and all information relevant to the hearing and proposed plan available for inspection by the public at the principal office of the public housing agency during normal business hours; and “(B) publish a notice informing the public that— “(i) that the information is available as required under subparagraph (A); and “(ii) that a public hearing under paragraph
(1)will be conducted. “(3) Adoption of plan.— A public housing agency may adopt a public housing agency plan and submit the plan to the Secretary in accordance with this section only after— “(A) conducting a public hearing under paragraph (1); “(B) considering all public comments received; and “(C) making any appropriate changes in the public housing agency plan, in consultation with the resident advisory board. “(4) Advisory board consultation enforcement.— Pursuant to a written request made by the resident advisory board for a public housing agency that documents a failure on the part of the agency to provide adequate notice and opportunity for comment under this subsection and a finding by the Secretary of good cause within the time period provided for in subsection (i)(4), the Secretary may require the public housing agency to adequately remedy such failure before final approval of the public housing agency plan under this section. “(g) Amendments and Modifications to Plans.— “(1) In general.— Except as provided in paragraph (2), nothing in this section shall preclude a public housing agency, 112 STAT. 2536after submitting a plan to the Secretary in accordance with this section, from amending or modifying any policy, rule, regulation, or plan of the public housing agency, except that a significant amendment or modification may not— “(A) be adopted, other than at a duly called meeting of board of directors (or similar governing body) of the public housing agency that is open to the public; and “(B) be implemented, until notification of the amendment or modification is provided to the Secretary and approved in accordance with subsection (i). “(2) Consistency and notice.— Each significant amendment or modification to a public housing agency plan submitted to the Secretary under this section shall— “(A) meet the requirements under subsection (c)(2) (relating to consultation with resident advisory board and consistency with comprehensive housing affordability strategies); and “(B) be subject to the notice and public hearing requirements of subsection (f). “(h) Submission of Plans.— “(1) Initial submission.— Each public housing agency shall submit the initial plan required by this section, and any amendment or modification to the initial plan, to the Secretary at such time and in such form as the Secretary shall require. “(2) Annual submission.— Not later than 75 days before the start of the fiscal year of the public housing agency, after submission of the initial plan required by this section in accordance with subparagraph (A), each public housing agency shall annually submit to the Secretary a plan update, including any amendments or modifications to the public housing agency plan. “(i) Review and Determination of Compliance.— “(1) Review.— Subject to paragraph (2), after submission of the public housing agency plan or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make determinations under this paragraph, the Secretary shall review the public housing agency plan (including any amendments or modifications thereto) and determine whether the contents of the plan— “(A) set forth the information required by this section and this Act to be contained in a public housing agency plan; “(B) are consistent with information and data available to the Secretary, including the approved comprehensive housing affordability strategy under title I of the Cranston-Gonzalez National Affordable Housing Act for the jurisdiction in which the public housing agency is located; and “(C) are not prohibited by or inconsistent with any provision of this title or other applicable law. “(2) Elements exempted from review.— The Secretary may, by regulation, provide that one or more elements of a public housing agency plan shall be reviewed only if the element is challenged, except that the Secretary shall review the information submitted in each plan pursuant to paragraphs (3)(B), (8), and
(15)of subsection (d). 112 STAT. 2537 “(3) Disapproval.— The Secretary may disapprove a public housing agency plan (or any amendment or modification thereto) only if Secretary determines that the contents of the plan (or amendment or modification) do not comply with the requirements under subparagraph
(A)through
(C)of paragraph (1). “(4) Determination of compliance.— “(A) In general.— Except as provided in subsection (j)(2), not later than 75 days after the date on which a public housing agency plan is submitted in accordance with this section, the Secretary shall make the determination under paragraph
(1)and provide written notice to the public housing agency if the plan has been disapproved. If the Secretary disapproves the plan, the notice shall state with specificity the reasons for the disapproval. “(B) Failure to provide notice of disapproval.— In the case of a plan disapproved, if the Secretary does not provide notice of disapproval under subparagraph
(A)before the expiration of the period described in subparagraph (A), the Secretary shall be considered, for purposes of this Act, to have made a determination that the plan complies with the requirements under this section and the agency shall be considered to have been notified of compliance upon the expiration of such period. The preceding sentence shall not preclude judicial review regarding such compliance pursuant to chapter 7 of title 5, United States Code, or an action regarding such compliance under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983). “(5) Public availability.— A public housing agency shall make the approved plan of the agency available to the general public. “(j) Troubled and At-Risk PHAs.— “(1) In general.— The Secretary may require, for each public housing agency that is at risk of being designated as troubled under section 6(j)(2) or is designated as troubled under section 6(j)(2), that the public housing agency plan for such agency include such additional information as the Secretary determines to be appropriate, in accordance with such standards as the Secretary may establish or in accordance with such determinations as the Secretary may make on an agency-by-agency basis. “(2) Troubled agencies.— The Secretary shall provide explicit written approval or disapproval, in a timely manner, for a public housing agency plan submitted by any public housing agency designated by the Secretary as a troubled public housing agency under section 6(j)(2). “(k) Streamlined plan.— In carrying out this section, the Secretary may establish a streamlined public housing agency plan for— “(A) public housing agencies that are determined by the Secretary to be high performing public housing agencies; “(B) public housing agencies with less than 250 public housing units that have not been designated as troubled under section 6(j)(2); and 112 STAT. 2538 “(C) public housing agencies that only administer tenant-based assistance and that do not own or operate public housing. “(l) Compliance With Plan.— “(1) In general.— In providing assistance under this title, a public housing agency shall comply with the rules, standards, and policies established in the public housing agency plan of the public housing agency approved under this section. “(2) Investigation and enforcement.— In carrying out this title, the Secretary shall— “(A) provide an appropriate response to any complaint concerning noncompliance by a public housing agency with the applicable public housing agency plan; and “(B) if the Secretary determines, based on a finding of the Secretary or other information available to the Secretary, that a public housing agency is not complying with the applicable public housing agency plan, take such actions as the Secretary determines to be appropriate to ensure such compliance.”. "
(b)Implementation.—
(1)Deadline.[42 USC 1437c-1 note](/us/usc/t42/s1437c-1). Interim rule.— Not later than 120 days after the date of the enactment of this Act, the Secretary shall issue an interim rule to require the submission of an interim public housing agency plan by each public housing agency, as required by section 5A of the United States Housing Act of 1937 (as added by subsection
(a)of this section). The interim rule shall provide for a public comment period of not less than 60 days.
(2)Deadline. Final regulations.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue final regulations implementing section 5A of the United States Housing Act of 1937 (as added by subsection
(a)of this section).
(3)Factors for consideration.— Before the publication of the final regulations under paragraph (2), in addition to public comments invited in connection with the publication of the interim rule, the Secretary shall—
(A)seek recommendations on the implementation of section 5A of the United States Housing Act of 1937 (as added by this subsection
(a)of this section) from organizations representing—
(i)State or local public housing agencies;
(ii)residents, including resident management corporations; and
(iii)other appropriate parties; and
(B)convene not less than 2 public forums at which the persons or organizations making recommendations under subparagraph
(A)may express views concerning the proposed disposition of the recommendations. Publication.The Secretary shall publish in the final rule a summary of the recommendations made and public comments received and the Department of Housing and Urban Development’s response to such recommendations and comments.
(c)[42 USC 1437c-1 note](/us/usc/t42/s1437c-1). Audit and Review; Report.—
(1)Audit and review.— Not later than 1 year after the effective date of final regulations issued under subsection (b)(2), in order to determine the degree of compliance, by public housing agencies, with public housing agency plans approved under section 5A of the United States Housing Act of 1937 (as added 112 STAT. 2539by subsection
(a)of this section), the Comptroller General of the United States shall conduct—
(A)a review of a representative sample of the public housing agency plans approved under such section 5A before such date; and
(B)an audit and review of the public housing agencies submitting such plans.
(2)Report.— Not later than 2 years after the date on which public housing agency plans are initially required to be submitted under section 5A of the United States Housing Act of 1937 (as added by subsection
(a)of this section) the Comptroller General of the United States shall submit to the Congress a report, which shall include—
(A)a description of the results of each audit and review under paragraph (1); and
(B)any recommendations for increasing compliance by public housing agencies with their public housing agency plans approved under section 5A of the United States Housing Act of 1937 (as added by subsection
(a)of this section).
(d)Contract Provisions.— Section 6(a) of the United States Housing Act of 1937 (42 U.S.C. 1437d(a)) is amended—
(1)in the first sentence, by inserting “, in a manner consistent with the public housing agency plan” before the period; and
(2)by striking the second sentence.
(e)Applicability.— This section shall take effect, and the [42 USC 1437c-1](/us/usc/t42/s1437c-1).amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 512. COMMUNITY SERVICE AND FAMILY SELF-SUFFICIENCY REQUIREMENTS.
(a)In General.— Section 12 of the United States Housing Act of 1937 (42 U.S.C. 1437j) is amended—
(1)in the section heading, by inserting “and community service requirement” after “labor standards”; and
(2)by adding at the end the following new subsections:" “(c) Community Service Requirement.— “(1) In General.— Except as provided in paragraph
(2)and notwithstanding any other provision of law, each adult resident of a public housing project shall— “(A) contribute 8 hours per month of community service (not including political activities) within the community in which that adult resides; or “(B) participate in an economic self-sufficiency program (as that term is defined in subsection (g)) for 8 hours per month. “(2) Exemptions.— The Secretary shall provide an exemption from the applicability of paragraph
(1)for any individual who— “(A) is 62 years of age or older; “(B) is a blind or disabled individual, as defined under section 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who is unable to comply with this section, or is a primary caretaker of such individual; “(C) is engaged in a work activity (as such term is defined in section 407(d) of the Social Security Act (42 U.S.C. 607(d)), as in effect on and after July 1, 1997)); 112 STAT. 2540 “(D) meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program; or “(E) is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such program. “(3) Annual determinations.— “(A) Requirement.— For each public housing resident subject to the requirement under paragraph (1), the public housing agency shall, 30 days before the expiration of each lease term of the resident under section 6(l)(1), review and determine the compliance of the resident with the requirement under paragraph
(1)of this subsection. “(B) Due process.— Such determinations shall be made in accordance with the principles of due process and on a nondiscriminatory basis. “(C) Noncompliance.— If an agency determines that a resident subject to the requirement under paragraph
(1)has not complied with the requirement, the agency— “(i) shall notify the resident— “(I) of such noncompliance; “(II) that the determination of noncompliance is subject to the administrative grievance procedure under subsection (k); and “(III) that, unless the resident enters into an agreement under clause
(ii)of this subparagraph, the resident’s lease will not be renewed; and “(ii) may not renew or extend the resident’s lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the agency enters into an agreement, before the expiration of the lease term, with the resident providing for the resident to cure any noncompliance with the requirement under paragraph (1), by participating in an economic self-sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease. “(4) Ineligibility for occupancy for noncompliance.— A public housing agency may not renew or extend any lease, or provide any new lease, for a dwelling unit in public housing for any household that includes an adult member who was subject to the requirement under paragraph
(1)and failed to comply with the requirement. “(5) Inclusion in plan.— Each public housing agency shall include in its public housing agency plan a detailed description 112 STAT. 2541 of the manner in which the agency intends to implement and administer this subsection. “(6) Geographic location.— The requirement under paragraph
(1)may include community service or participation in an economic self-sufficiency program performed at a location not owned by the public housing agency. “(7) Prohibition against replacement of employees.— In carrying out this subsection, a public housing agency may not— “(A) substitute community service or participation in an economic self-sufficiency program, as described in paragraph (1), for work performed by a public housing employee; or “(B) supplant a job at any location at which community work requirements are fulfilled. “(8) Third-party coordinating.— A public housing agency may administer the community service requirement under this subsection directly, through a resident organization, or through a contractor having experience in administering volunteer-based community service programs within the service area of the public housing agency. The Secretary may establish qualifications for such organizations and contractors. “(d) Treatment of Income Changes Resulting From Welfare Program Requirements.— “(1) Covered family.— For purposes of this subsection, the term ‘covered family’ means a family that
(A)receives benefits for welfare or public assistance from a State or other public agency under a program for which the Federal, State, or local law relating to the program requires, as a condition of eligibility for assistance under the program, participation of a member of the family in an economic self-sufficiency program, and
(B)resides in a public housing dwelling unit or is provided tenant-based assistance under section 8. “(2) Decreases in income for failure to comply.— “(A) In general.— Notwithstanding the provisions of section 3(a) (relating to family rental contributions) or paragraph
(4)or
(5)of section 3(b) (relating to definition of income and adjusted income), if the welfare or public assistance benefits of a covered family are reduced under a Federal, State, or local law regarding such an assistance program because of any failure of any member of the family to comply with the conditions under the assistance program requiring participation in an economic self-sufficiency program or imposing a work activities requirement, the amount required to be paid by the family as a monthly contribution toward rent may not be decreased, during the period of the reduction, as a result of any decrease in the income of the family (to the extent that the decrease in income is a result of the benefits reduction). “(B) No reduction based on time limit for assistance.— For purposes of this paragraph, a reduction in benefits as a result of the expiration of a lifetime time limit for a family receiving welfare or public assistance benefits shall not be considered to be a failure to comply with the conditions under the assistance program requiring participation in an economic self-sufficiency program or imposing a work activities requirement. This paragraph 112 STAT. 2542shall apply beginning upon the date of the enactment of the Quality Housing and Work Responsibility Act of 1998. “(3) Effect of fraud.— Notwithstanding the provisions of section 3(a) (relating to family rental contributions) or paragraph
(4)or
(5)of section 3(b) (relating to definition of income and adjusted income), if the welfare or public assistance benefits of a covered family are reduced because of an act of fraud by a member of the family under the law or program, the amount required to be paid by the covered family as a monthly contribution toward rent may not be decreased, during the period of the reduction, as a result of any decrease in the income of the family (to the extent that the decrease in income is a result of the benefits reduction). This paragraph shall apply beginning upon the date of the enactment of the Quality Housing and Work Responsibility Act of 1998. “(4) Notice.— Paragraphs
(2)and
(3)shall not apply to any covered family before the public housing agency providing assistance under this Act on behalf of the family obtains written notification from the relevant welfare or public assistance agency specifying that the family’s benefits have been reduced because of noncompliance with economic self-sufficiency program or work activities requirements or fraud, and the level of such reduction. “(5) Occupancy rights.— This subsection may not be construed to authorize any public housing agency to establish any time limit on tenancy in a public housing dwelling unit or on receipt of tenant-based assistance under section 8. “(6) Review.— Any covered family residing in public housing that is affected by the operation of this subsection shall have the right to review the determination under this subsection through the administrative grievance procedure established pursuant to section 6(k) for the public housing agency. “(7) Cooperation agreements for economic self-sufficiency activities.— “(A) Requirement.— A public housing agency providing public housing dwelling units or tenant-based assistance under section 8 for covered families shall make its best efforts to enter into such cooperation agreements, with State, local, and other agencies providing assistance to covered families under welfare or public assistance programs, as may be necessary, to provide for such agencies to transfer information to facilitate administration of subsection
(c)and paragraphs (2), (3), and
(4)of this subsection and other information regarding rents, income, and assistance that may assist a public housing agency or welfare or public assistance agency in carrying out its functions. “(B) Contents.— A public housing agency shall seek to include in a cooperation agreement under this paragraph requirements and provisions designed to target assistance under welfare and public assistance programs to families residing in public housing projects and families receiving tenant-based assistance under section 8, which may include providing for economic self-sufficiency services within such housing, providing for services designed to meet the unique employment-related needs of residents of such housing and recipients of such assistance, providing for placement of 112 STAT. 2543workfare positions on-site in such housing, and such other elements as may be appropriate. “(C) Confidentiality.— This paragraph may not be construed to authorize any release of information prohibited by, or in contravention of, any other provision of Federal, State, or local law. “(e) Lease Provisions.— A public housing agency shall incorporate into leases under section 6(1) and into agreements for the provision of tenant-based assistance under section 8, provisions incorporating the conditions under subsection (d). “(f) Treatment of Income.— Notwithstanding any other provision of this section, in determining the income of a family who resides in public housing or receives tenant-based assistance under section 8, a public housing agency shall consider any decrease in the income of a family that results from the reduction of any welfare or public assistance benefits received by the family under any Federal, State, or local law regarding a program for such assistance if the family (or a member thereof, as applicable) has complied with the conditions for receiving such assistance and is unable to obtain employment notwithstanding such compliance. “(g) Definition.— For purposes of this section, the term ‘economic self-sufficiency program’ means any program designed to encourage, assist, train, or facilitate the economic independence of participants and their families or to provide work for participants, including programs for job training, employment counseling, work placement, basic skills training, education, workfare, financial or household management, apprenticeship, or other activities as the Secretary may provide.”. "
(b)1-Year Leases.— Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(1)) is amended—
(1)by redesignating paragraphs
(1)through
(6)as paragraphs
(2)through (7), respectively;
(2)by redesignating paragraph
(7)as paragraph (9); and
(3)by inserting before paragraph
(2)the following new paragraph:" “(1) have a term of 12 months and shall be automatically renewed for all purposes except for noncompliance with the requirements under section 12(c) (relating to community service requirements); except that nothing in this title shall prevent a resident from seeking timely redress in court for failure to renew based on such noncompliance;”. " SEC. 513. INCOME TARGETING.
(a)In General.— Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended by striking the section designation and all that follows through the end of subsection
(d)and inserting the following:" “SEC. 16.
(a)Income Eligibility for Public Housing.— “(1) Income mix within projects.— A public housing agency may establish and utilize income-mix criteria for the selection of residents for dwelling units in public housing projects, subject to the requirements of this section. “(2) PHA income mix.— “(A) Targeting.— Except as provided in paragraph (4), of the public housing dwelling units of a public housing agency made available for occupancy in any fiscal year 112 STAT. 2544by eligible families, not less than 40 percent shall be occupied by families whose incomes at the time of commencement of occupancy do not exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families. “(3) Prohibition of concentration of low-income families.— “(A) Prohibition.— A public housing agency may not, in complying with the requirements under paragraph (2), concentrate very low-income families (or other families with relatively low incomes) in public housing dwelling units in certain public housing projects or certain buildings within projects. The Secretary shall review the income and occupancy characteristics of the public housing projects and the buildings of such projects of such agencies to ensure compliance with the provisions of this paragraph and paragraph (2). “(B) Deconcentration.— “(i) In general.— A public housing agency shall submit with its annual public housing agency plan under section 5A an admissions policy designed to provide for deconcentration of poverty and income-mixing by bringing higher income tenants into lower income projects and lower income tenants into higher income projects. This clause may not be construed to impose or require any specific income or racial quotas for any project or projects. “(ii) Incentives.— In implementing the policy under clause (i), a public housing agency may offer incentives for eligible families having higher incomes to occupy dwelling unit in projects predominantly occupied by eligible families having lower incomes, and provide for occupancy of eligible families having lower incomes in projects predominantly occupied by eligible families having higher incomes. “(iii) Family choice.— Incentives referred to in clause
(ii)may be made available by a public housing agency only in a manner that allows for the eligible family to have the sole discretion in determining whether to accept the incentive and an agency may not take any adverse action toward any eligible family for choosing not to accept an incentive and occupancy of a project described in clause (i)(II), *Provided,* That the skipping of a family on a waiting list to reach another family to implement the policy under clause
(i)shall not be considered an adverse action. An agency implementing an admissions policy under this subparagraph shall implement the policy in a manner that does not prevent or interfere with the use of sitebased waiting lists authorized under section 6(s). “(4) Fungibility with tenant-based assistance.— “(A) Authority.— Except as provided under subparagraph (D), the number of public housing dwelling units that a public housing agency shall otherwise make available in accordance with paragraph (2)(A) to comply with the percentage requirement under such paragraph for a 112 STAT. 2545fiscal year shall be reduced by the credit number for the agency under subparagraph (B). “(B) Credit for exceeding tenant-based assistance targeting requirement— Subject to subparagraph (C), the credit number under this subparagraph for a public housing agency for a fiscal year shall be the number by which— “(i) the aggregate number of qualified families who, in such fiscal year, are initially provided tenant-based assistance under section 8 by the agency; exceeds “(ii) the number of qualified families that is required for the agency to comply with the percentage requirement under subsection (b)(1) for such fiscal year. “(C) Limitations on credit number.— The credit number under subparagraph
(B)for a public housing agency for a fiscal year may not in any case exceed the lesser of— “(i) the number of dwelling units that is equivalent to 10 percent of the aggregate number of families initially provided tenant-based assistance under section 8 by the agency in such fiscal year; or “(ii) the number of public housing dwelling units of the agency that— “(I) are in projects that are located in census tracts having a poverty rate of 30 percent or more; and “(II) are made available for occupancy during such fiscal year and are actually filled only by families whose incomes at the time of commencement of such occupancy exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families. “(D) Fungibility floor.— Notwithstanding any authority under subparagraph (A), of the public housing dwelling units of a public housing agency made available for occupancy in any fiscal year by eligible families, not less than 30 percent shall be occupied by families whose incomes at the time of commencement of occupancy do not exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families. “(E) Qualified Family.— For purposes of this paragraph, the term ‘qualified family’ means a family having an income described in subsection (b)(1). “(b) Income Eligibility for Tenant-Based Section 8 Assistance.— “(1) In general.— Of the families initially provided tenant-based assistance under section 8 by a public housing agency in any fiscal year, not less than 75 percent shall be families whose incomes do not exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families; except that the Secretary may establish income ceilings higher or lower than 30 percent of the area median income on the basis of the Secretary’s findings 112 STAT. 2546that such variations are necessary because of unusually high or low family incomes. “(2) Jurisdictions served by multiple pha’s.— In the case of any 2 or more public housing agencies that administer tenant-based assistance under section 8 with respect solely to identical geographical areas, such agencies shall be treated as a single public housing agency for purposes of paragraph (1). “(c) Income Eligibility for Project-Based Section 8 Assistance.— “(1) Pre-1981 act projects.— Not more than 25 percent of the dwelling units that were available for occupancy under section 8 housing assistance payments contracts under this Act before the effective date of the Housing and Community Development Amendments of 1981, and which will be leased on or after such effective date shall be available for leasing by low-income families other than very low-income families. “(2) Post-1981 act projects.— Not more than 15 percent of the dwelling units which become available for occupancy under section 8 housing assistance payments contracts under this Act on or after the effective date of the Housing and Community Development Amendments of 1981 shall be available for leasing by low-income families other than very low- income families. “(3) Targeting.— For each project assisted under a contract for project-based assistance, of the dwelling units that become available for occupancy in any fiscal year that are assisted under the contract, not less than 40 percent “(4) Prohibition of skipping.— In developing admission procedures implementing paragraphs (1), (2), and (3), the Secretary shall prohibit project owners from selecting families for residence in an order different from the order on the waiting list for the purpose of selecting relatively higher income families for residence. Nothing in this paragraph or this subsection may be construed to prevent an owner of housing assisted under a contract for project-based assistance from establishing a preference for occupancy in such housing for families containing a member who is employed. “(5) Exception.— The limitations established in paragraphs (1), (2), and
(3)shall not apply to dwelling units made available under project-based contracts under section 8 for the purpose of preventing displacement, or ameliorating the effects of displacement. “(6) Definition.— For purposes of this subsection, the term ‘project-based assistance’ means assistance under any of the following programs: “(A) The new construction or substantial rehabilitation program under section 8(b)(2) (as in effect before October 1, 1983). “(B) The property disposition program under section 8(b) (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998). “(C) The loan management set-aside program under subsections
(b)and
(v)of section 8. “(D) The project-based certificate program under section 8(d)(2). 112 STAT. 2547 “(E) The moderate rehabilitation program under section 8(e)(2) (as in effect before October 1, 1991). “(F) The low-income housing preservation program under Low-Income Housing Preservation and Resident Homeownership Act of 1990 or the provisions of the Emergency Low Income Housing Preservation Act of 1987 (as in effect before November 28, 1990). “(G) Section 8 (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998), following conversion from assistance under section 101 of the Housing and Urban Development Act of 1965 or section 236(f)(2) of the National Housing Act. “(d) Establishment of Different Standards.— Notwithstanding subsection (a)(2) or (b)(1), if approved by the Secretary, a public housing agency may for good cause establish and implement, in accordance with the public housing agency plan, an admission standard other than the standard under such subsection.”. "
(b)Effective Date.— This section shall take effect on, and [42 USC 1437n note](/us/usc/t42/s1437n).the amendments under this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 514. REPEAL OF FEDERAL PREFERENCES.
(a)Public Housing.—
(1)In general.— Subparagraph
(A)of section 6(c)(4) of the United States Housing Act of 1937 (42 U.S.C. 1437d)(c)(4)) is amended to read as follows:" “(A) making dwelling units in public housing available for occupancy, which shall provide that the public housing agency may establish a system for making dwelling units available that provides preference for such occupancy to families having certain characteristics; each system of preferences established pursuant to this subparagraph shall be based upon local housing needs and priorities, as determined by the public housing agency using generally accepted data sources, including any information obtained pursuant to an opportunity for public comment as provided under section 5A(f) and under the requirements applicable to the comprehensive housing affordability strategy for the relevant jurisdiction;”. "
(2)Conforming amendments.—
(A)Public housing assistance for foster care children.— Section 6(o) of the United States Housing Act of 1937 (42 U.S.C. 1437d(o)) is amended by striking “Subject” and all that follows through “, in” and inserting “In”.
(B)Youthbuild program.— Section 455(a)(2)(D)(iii) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899d(a)(2)(D)(iii) is amended striking “section 6(c)(4)(A)” and inserting “any system of preferences established under section 6(c)(1)”.
(b)Section 8 Existing and Moderate Rehabilitation.—
(1)In general.— Subparagraph
(A)of section 8(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is amended to read as follows:" “(A) the selection of tenants shall be the function of the owner, subject to the annual contributions contract between the Secretary and the agency, except that with respect to the 112 STAT. 2548certificate and moderate rehabilitation programs only, for the purpose of selecting families to be assisted, the public housing agency may establish local preferences, consistent with the public housing agency plan submitted under section 5A by the public housing agency;”. "
(2)Conforming amendments.—
(A)Low-income housing preservation and resident homeownership act of 1990.— The second sentence of section 226(b)(6)(B) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4116(b)(6)(B)) is amended by striking “The requirement for giving preferences to certain categories of eligible families under sections 8(d)(1)(A) and 8(o)(3)” and inserting “Any system for preferences established under section 8(d)(1)(A) or 8(o)(6)(A)”.
(B)Housing and community development act of 1992.— Section 655 of the Housing and Community Development Act of 1992 (42 U.S.C. 13615) is amended by striking “shall be given” and all that follows through the period at the end and inserting the following: “shall be given to disabled families according to any preferences established under any system established under section 8(d)(1)(A) by the public housing agency.”.
(C)Management and disposition of multifamily housing projects.— Section 203(g)(2) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(g)(2)) is amended by striking “the preferences for assistance under sections 6(c)(4)(A)(i), 8(d)(1)(A)(i), and 8(o)(3)(B)” and inserting “any system of preferences established pursuant to section 6(c)(4)(A), 8(d)(1)(A), or 8(o)(6)(A)”.
(D)Other references.— Subparagraph
(D)of section 402(d)(6) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437d note) is hereby repealed.
(c)Section 8 New Construction and Substantial Rehabilitation.—
(1)Permanent repeal.— Subsection
(c)of section 545 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437f note) is hereby repealed.
(2)[42 USC 1437f note](/us/usc/t42/s1437f). Prohibition.— Notwithstanding any other provision of law (including subsection
(f)of this section), section 402(d)(4)(B) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437a note) shall apply to fiscal year 1999 and thereafter.
(d)Rent Supplements.— Subsection
(k)of section 1010 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s(k)) is hereby repealed.
(e)Sense of Congress Regarding Preference for Assistance for Victims of Domestic Violence.— It is the sense of Congress that, each public housing agency involved in the selection of eligible families for assistance under the United States Housing Act of 1937 (including residency in public housing and tenant-based assistance under section 8 of such Act) should, consistent with the public housing agency plan of the agency, consider preferences for individuals who are victims of domestic violence.
(f)[42 USC 1437f note](/us/usc/t42/s1437f). Termination of Temporary Provisions.— Section 402 of The Balanced Budget Downpayment Act, I, and the amendments made by such section shall cease to be effective on the date of 112 STAT. 2549the enactment of this Act. Notwithstanding the inclusion in this Act of any provision extending the effectiveness of such section or such amendments, such provision included in this Act shall not take effect.
(g)Applicability.— This section shall take effect on, and the [12 USC 1701s note](/us/usc/t12/s1701s).amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 515. JOINT VENTURES AND CONSORTIA OF PUBLIC HOUSING AGENCIES; REPEAL OF ENERGY CONSERVATION PROVISIONS. Section 13 of the United States Housing Act of 1937 (42 U.S.C. 1437k) is amended to read as follows:" “SEC. 13. CONSORTIA, JOINT VENTURES, AFFILIATES, AND SUBSIDIARIES OF PUBLIC HOUSING AGENCIES. “(a) Consortia.— “(1) In general.— Any 2 or more public housing agencies may participate in a consortium for the purpose of administering any or all of the housing programs of those public housing agencies in accordance with this section. “(2) Effect.— With respect to any consortium described in paragraph (1)— “(A) any assistance made available under this title to each of the public housing agencies participating in the consortium shall be paid to the consortium; and “(B) all planning and reporting requirements imposed upon each public housing agency participating in the consortium with respect to the programs operated by the consortium shall be consolidated. “(3) Restrictions.— “(A) Agreement.— Each consortium described in paragraph
(1)shall be formed and operated in accordance with a consortium agreement, and shall be subject to the requirements of a joint public housing agency plan, which shall be submitted by the consortium in accordance with section 5A. “(B) Minimum requirements.— The Secretary shall specify minimum requirements relating to the formation and operation of consortia and the minimum contents of consortium agreements under this paragraph. “(b) Joint Ventures.— “(1) In general.— Notwithstanding any other provision of law, a public housing agency, in accordance with the public housing agency plan, may— “(A) form and operate wholly owned or controlled subsidiaries (which may be nonprofit corporations) and other affiliates, any of which may be directed, managed, or controlled by the same persons who constitute the board of directors or similar governing body of the public housing agency, or who serve as employees or staff of the public housing agency; or “(B) enter into joint ventures, partnerships, or other business arrangements with, or contract with, any person, organization, entity, or governmental unit— “(i) with respect to the administration of the programs of the public housing agency, including any program that is subject to this title; or 112 STAT. 2550 “(ii) for the purpose of providing or arranging for the provision of supportive or social services. “(2) Use of and treatment income.— Any income generated under paragraph (1)— “(A) shall be used for low-income housing or to benefit the residents assisted by the public housing agency; and “(B) shall not result in any decrease in any amount provided to the public housing agency under this title, except as otherwise provided under the formulas established under section 9(d)(2) and 9(e)(2). “(3) Audits.— The Comptroller General of the United States, the Secretary, or the Inspector General of the Department of Housing and Urban Development may conduct an audit of any activity undertaken under paragraph
(1)at any time.”. " SEC. 516. PUBLIC HOUSING AGENCY MORTGAGES AND SECURITY INTERESTS. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following:" “SEC. 30. [42 USC 1437z-2](/us/usc/t42/s1437z-2). PUBLIC HOUSING MORTGAGES AND SECURITY INTERESTS. “(a) General Authorization.— The Secretary may, upon such terms and conditions as the Secretary may prescribe, authorize a public housing agency to mortgage or otherwise grant a security interest in any public housing project or other property of the public housing agency. “(b) Terms and Conditions.— In making any authorization under subsection (a), the Secretary may consider— “(1) the ability of the public housing agency to use the proceeds of the mortgage or security interest for low-income housing uses; “(2) the ability of the public housing agency to make payments on the mortgage or security interest; and “(3) such other criteria as the Secretary may specify. “(c) No Federal Liability.— No action taken under this section shall result in any liability to the Federal Government.”. " SEC. 517. [42 USC 1437 note](/us/usc/t42/s1437). MENTAL HEALTH ACTION PLAN. The Secretary of Housing and Urban Development, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and appropriate State and local officials and representatives, shall—
(1)develop an action plan and list of recommendations for the improvement of means of providing severe mental illness treatment to families and individuals receiving housing assistance under the United States Housing Act of 1937, including public housing residents, residents of multifamily housing assisted with project-based assistance under section 8 of such Act, and recipients of tenant-based assistance under such section; and
(2)develop and disseminate a list of current practices among public housing agencies and owners of assisted housing that serve to benefit persons in need of mental health care.”. 112 STAT. 2551 Subtitle B— Public Housing PART 1— CAPITAL AND OPERATING ASSISTANCE SEC. 518. CONTRIBUTIONS FOR LOWER INCOME HOUSING PROJECTS.
(a)Repeals.—
(1)In general.— Section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437c) is amended—
(A)by striking subsections
(h)through (k); and
(B)by redesignating subsection (1), as added by the preceding provisions of this Act, as subsection (i).
(2)Conforming amendments.— The United States Housing Act of 1937 is amended—
(A)in section 21(d) (42 U.S.C. 1437s(d)), by striking “section 5(h) or”; and
(C)in section 307 (42 U.S.C. 1437aaa–6), by striking “section 5(h) and”.
(b)Local Notification.— Section 5(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437c(e)(2)) is amended by inserting before the period at the end the following: “, the Secretary shall require that each such agreement shall provide that, notwithstanding any order, judgment, or decree of any court (including any settlement order), before making any amounts that are provided pursuant to any contract for contributions under this title available for use for the development of any housing or other property not previously used as public housing, the public housing agency shall
(A)notify the chief executive officer (or other appropriate official) of the unit of general local government in which the public housing for which such amounts are to be so used is located (or to be located) of such use, and
(B)pursuant to the request of such unit of general local government, provide such information as may reasonably be requested by such unit of general local government regarding the public housing to be so assisted (except to the extent otherwise prohibited by law)”. SEC. 519. PUBLIC HOUSING CAPITAL AND OPERATING FUNDS.
(a)In General.— Section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) is amended to read as follows:" “SEC. 9. PUBLIC HOUSING CAPITAL AND OPERATING FUNDS. “(a) Merger Into Capital Fund.— Except as otherwise provided in the Quality Housing and Work Responsibility Act of 1998, any assistance made available for public housing under section 14 of this Act before October 1, 1999, shall be merged into the Capital Fund established under subsection (d). “(b) Merger Into Operating Fund.— Except as otherwise provided in the Quality Housing and Work Responsibility Act of 1998, any assistance made available for public housing under section 9 of this Act before October 1, 1999, shall be merged into the Operating Fund established under subsection (e). “(c) Allocation Amount.— “(1) In General.— For fiscal year 2000 and each fiscal year thereafter, the Secretary shall allocate amounts in the Capital Fund and Operating Funds for assistance for public housing agencies eligible for such assistance. The Secretary shall determine the amount of the allocation for each eligible 112 STAT. 2552agency, which shall be, for any fiscal year beginning after the effective date of the formulas described in subsections (d)(2) and (e)(2)— “(A) for assistance from the Capital Fund, the amount determined for the agency under the formula under subsection (d)(2); and “(B) for assistance from the Operating Fund, the amount determined for the agency under the formula under subsection (e)(2). “(2) Funding.— There are authorized to be appropriated for assistance for public housing agencies under this section the following amounts: “(A) Capital fund.— For allocations of assistance from the Capital Fund, $3,000,000,000 for fiscal year 1999, and such sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003. “(B) Operating fund.— For allocations of assistance from the Operating Fund, $2,900,000,000 for fiscal year 1999, and such sums as may be necessary for each of fiscal years 2000, 2001, 2002, and 2003. “(d) Capital Fund.— “(1) In general.— The Secretary shall establish a Capital Fund for the purpose of making assistance available to public housing agencies to carry out capital and management activities, including— “(A) the development, financing, and modernization of public housing projects, including the redesign, reconstruction, and reconfiguration of public housing sites and buildings (including accessibility improvements) and the development of mixed-finance projects; “(B) vacancy reduction; “(C) addressing deferred maintenance needs and the replacement of obsolete utility systems and dwelling equipment; “(D) planned code compliance; “(E) management improvements; “(F) demolition and replacement; “(G) resident relocation; “(H) capital expenditures to facilitate programs to improve the empowerment and economic self-sufficiency of public housing residents and to improve resident participation; “(I) capital expenditures to improve the security and safety of residents; and “(J) homeownership activities, including programs under section 32. “(2) Formula.— The Secretary shall develop a formula for determining the amount of assistance provided to public housing agencies from the Capital Fund for a fiscal year, which shall include a mechanism to reward performance. The formula may take into account such factors as— “(A) the number of public housing dwelling units owned, assisted, or operated by the public housing agency, the characteristics and locations of the projects, and the characteristics of the families served and to be served (including the incomes of the families); 112 STAT. 2553 “(B) the need of the public housing agency to carry out rehabilitation and modernization activities, replacement housing, and reconstruction, construction, and demolition activities related to public housing dwelling units owned, assisted, or operated by the public housing agency, including backlog and projected future needs of the agency; “(C) the cost of constructing and rehabilitating property in the area; “(D) the need of the public housing agency to carry out activities that provide a safe and secure environment in public housing units owned, assisted, or operated by the public housing agency; “(E) any record by the public housing agency of exemplary performance in the operation of public housing, as indicated by the system of performance indicators established pursuant to section 6(j); and “(F) any other factors that the Secretary determines to be appropriate. “(3) Conditions on use for development and modernization.— “(A) Development.— Except as otherwise provided in this Act, any public housing developed using amounts provided under this subsection, or under section 14 as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, shall be operated under the terms and conditions applicable to public housing during the 40-year period that begins on the date on which the project (or stage of the project) becomes available for occupancy. “(B) Modernization.— Except as otherwise provided in this Act, any public housing or portion thereof that is modernized using amounts provided under this subsection or under section 14 (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998) shall be maintained and operated under the terms and conditions applicable to public housing during the 20-year period that begins on the latest date on which modernization is completed. “(C) Applicability of latest expiration date.— Public housing subject to this paragraph or to any other provision of law mandating the operation of the housing as public housing or under the terms and conditions applicable to public housing for a specified length of time, shall be maintained and operated as required until the latest such expiration date. “(e) Operating Fund.— “(1) In general.— The Secretary shall establish an Operating Fund for the purpose of making assistance available to public housing agencies for the operation and management of public housing, including— “(A) procedures and systems to maintain and ensure the efficient management and operation of public housing units (including amounts sufficient to pay for the reasonable costs of review by an independent auditor of the documentation or other information maintained pursuant to section 6(j)(6) by a public housing agency or resident 112 STAT. 2554 management corporation to substantiate the performance of that agency or corporation); “(B) activities to ensure a program of routine preventative maintenance; “(C) anticrime and antidrug activities, including the costs of providing adequate security for public housing residents, including above-baseline police service agreements; “(D) activities related to the provision of services, including service coordinators for elderly persons or persons with disabilities; “(E) activities to provide for management and participation in the management and policy making of public housing by public housing residents; “(F) the costs of insurance; “(G) the energy costs associated with public housing units, with an emphasis on energy conservation; “(H) the costs of administering a public housing work program under section 12, including the costs of any related insurance needs; “(I) the costs of repaying, together with rent contributions, debt incurred to finance the rehabilitation and development of public housing units, which shall be subject to such reasonable requirements as the Secretary may establish; and “(J) the costs associated with the operation and management of mixed finance projects, to the extent appropriate. “(2) Formula.— “(A) In general.— The Secretary shall establish a formula for determining the amount of assistance provided to public housing agencies from the Operating Fund for a fiscal year. The formula may take into account— “(i) standards for the costs of operating and reasonable projections of income, taking into account the characteristics and locations of the public housing projects and characteristics of the families served and to be served (including the incomes of the families), or the costs of providing comparable services as determined in accordance with criteria or a formula representing the operations of a prototype well-managed public housing project; “(ii) the number of public housing dwelling units owned, assisted, or operated by the public housing agency; “(iii) the number of public housing dwelling units owned, assisted, or operated by the public housing agency that are chronically vacant and the amount of assistance appropriate for those units; “(iv) to the extent quantifiable, the extent to which the public housing agency provides programs and activities designed to promote the economic self-sufficiency and management skills of public housing residents; “(v) the need of the public housing agency to carry out anti-crime and anti-drug activities, including providing adequate security for public housing residents; 112 STAT. 2555 “(vi) the amount of public housing rental income foregone by the public housing agency as a result of escrow savings accounts under section 23(d)(2) for families participating in a family self-sufficiency program of the agency under such section 23; and “(vii) any other factors that the Secretary determines to be appropriate. “(B) Incentive to increase certain rental income.— The formula shall provide an incentive to encourage public housing agencies to facilitate increases in earned income by families in occupancy. Any such incentive shall provide that the agency shall benefit from increases in such rental income and that such amounts accruing to the agency pursuant to such benefit may be used only for low-income housing or to benefit the residents of the public housing agency. “(C) Treatment of savings.— The treatment of utility and waste management costs under the formula shall provide that a public housing agency shall receive the full financial benefit from any reduction in the cost of utilities or waste management resulting from any contract with a third party to undertake energy conservation improvements in one or more of its public housing projects. “(3) Condition on use.— No portion of any public housing project operated using amounts provided under this subsection, or under this section as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, may be disposed of before the expiration of the 10-year period beginning upon the conclusion of the fiscal year for which such amounts were provided, except as otherwise provided in this Act. “(f) Negotiated Rulemaking Procedure.— The formulas under subsections (d)(2) and (e)(2) shall be developed according to procedures for issuance of regulations under the negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code. “(g) Limitations on Use of Funds.— “(1) Flexibility for capital fund amounts.— Of any amounts appropriated for fiscal year 2000 or any fiscal year thereafter that are allocated for fiscal year 2000 or any fiscal year thereafter from the Capital Fund for any public housing agency, the agency may use not more than 20 percent for activities that are eligible under subsection
(e)for assistance with amounts from the Operating Fund, but only if the public housing agency plan for the agency provides for such use. “(2) Full flexibility for small pha’s.— Of any amounts allocated for any fiscal year for any public housing agency that owns or operates less than 250 public housing dwelling units, is not designated pursuant to section 6(j)(2) as a troubled public housing agency, and (in the determination of the Secretary) is operating and maintaining its public housing in a safe, clean, and healthy condition, the agency may use any such amounts for any eligible activities under subsections (d)(1) and (e)(1), regardless of the fund from which the amounts were allocated and provided. This subsection shall take effect Effective date.on the date of the enactment of the Quality Housing and Work Responsibility Act of 1998. 112 STAT. 2556 “(3) Limitation on new construction.— “(A) In general.— Except as provided in subparagraphs
(B)and (C), a public housing agency may not use any of the amounts allocated for the agency from the Capital Fund or Operating Fund for the purpose of constructing any public housing unit, if such construction would result in a net increase from the number of public housing units owned, assisted, or operated by the public housing agency on October 1, 1999, including any public housing units demolished as part of any revitalization effort. “(B) Exception regarding use of assistance.— A public housing agency may use amounts allocated for the agency from the Capital Fund or Operating Fund for the construction and operation of housing units that are available and affordable to low-income families in excess of the limitations on new construction set forth in subparagraph (A), but the formulas established under subsections (d)(2) and (e)(2) shall not provide additional funding for the specific purpose of allowing construction and operation of housing in excess of those limitations (except to the extent provided in subparagraph (C)). “(C) Exception regarding formulas.— Subject to reasonable limitations set by the Secretary, the formulas established under subsections (d)(2) and (e)(2) may provide additional funding for the operation and modernization costs (but not the initial development costs) of housing in excess of amounts otherwise permitted under this paragraph, and such amounts may be so used, if— “(i) such units are part of a mixed-finance project or otherwise leverage significant additional private or public investment; and “(ii) the estimated cost of the useful life of the project is less than the estimated cost of providing tenant-based assistance under section 8(o) for the same period of time. “(h) Contracts. Technical Assistance.— To the extent amounts are provided in advance in appropriations Acts, the Secretary may make grants or enter into contracts or cooperative agreements in accordance with this subsection for purposes of providing, either directly or indirectly— “(1) technical assistance to public housing agencies, resident councils, resident organizations, and resident management corporations, including assistance relating to monitoring and inspections; “(2) training for public housing agency employees and residents; “(3) data collection and analysis; “(4) training, technical assistance, and education to public housing agencies that are— “(A) at risk of being designated as troubled under section 6(j), to assist such agencies from being so designated; and “(B) designated as troubled under section 6(j), to assist such agencies in achieving the removal of that designation; “(5) contract expertise; 112 STAT. 2557 “(6) training and technical assistance to assist in the oversight and management of public housing or tenant-based assistance; and “(7) clearinghouse services in furtherance of the goals and activities of this subsection. As used in this subsection, the terms ‘training’ and ‘technical assistance’ shall include training or technical assistance and the cost of necessary travel for participants in such training or technical assistance, by or to officials and employees of the Department and of public housing agencies, and to residents and to other eligible grantees. “(i) Eligibility of Units Acquired From Proceeds of Sales Under Demolition or Disposition Plan.— If a public housing agency uses proceeds from the sale of units under a homeownership program in accordance with section 32 to acquire additional units to be sold to low-income families, the additional units shall be counted as public housing for purposes of determining the amount of the allocation to the agency under this section until sale by the agency, but in no case longer than 5 years. “(j) Penalty for Slow Expenditure of Capital Funds.— “(1) Obligation of amounts.— Except as provided in paragraph
(4)and subject to paragraph (2), a public housing agency shall obligate any assistance received under this section not later than 24 months after, as applicable— “(A) the date on which the funds become available to the agency for obligation in the case of modernization; or “(B) the date on which the agency accumulates adequate funds to undertake modernization, substantial rehabilitation, or new construction of units. “(2) Extension of time period for obligation.— The Secretary— “(A) may, extend the time period under paragraph
(1)for a public housing agency, for such period as the Secretary determines to be necessary, if the Secretary determines that the failure of the agency to obligate assistance in a timely manner is attributable to— “(i) litigation; “(ii) obtaining approvals of the Federal Government or a State or local government; “(iii) complying with environmental assessment and abatement requirements; “(iv) relocating residents; “(v) an event beyond the control of the public housing agency; or “(vi) any other reason established by the Secretary Federal Register, publication.by notice published in the Federal Register; “(B) shall disregard the requirements of paragraph
(1)with respect to any unobligated amounts made available to a public housing agency, to the extent that the total of such amounts does not exceed 10 percent of the original amount made available to the public housing agency; and “(C) may, with the prior approval of the Secretary, extend the time period under paragraph (1), for an additional period not to exceed 12 months, based on— “(i) the size of the public housing agency; 112 STAT. 2558 “(ii) the complexity of capital program of the public housing agency; “(iii) any limitation on the ability of the public housing agency to obligate the amounts allocated for the agency from the Capital Fund in a timely manner as a result of State or local law; or “(iv) such other factors as the Secretary determines to be relevant. “(3) Effect of failure to comply.— “(A) Prohibition of new assistance.— A public housing agency shall not be awarded assistance under this section for any month during any fiscal year in which the public housing agency has funds unobligated in violation of paragraph
(1)or (2). “(B) Withholding of assistance.— During any fiscal year described in subparagraph (A), the Secretary shall withhold all assistance that would otherwise be provided to the public housing agency. If the public housing agency cures its failure to comply during the year, it shall be provided with the share attributable to the months remaining in the year. “(C) Redistribution.— The total amount of any funds not provided public housing agencies by operation of this paragraph shall be allocated for agencies determined under section 6(j) to be high-performing. “(4) Exception to obligation requirements.— “(A) In general.— Subject to subparagraph (B), if the Secretary has consented, before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, to an obligation period for any agency longer than provided under paragraph (1), a public housing agency that obligates its funds before the expiration of that period shall not be considered to be in violation of paragraph (1). “(B) Prior fiscal years.— Notwithstanding subparagraph (A), any funds appropriated to a public housing agency for fiscal year 1997 or prior fiscal years shall be fully obligated by the public housing agency not later than September 30, 1999. “(5) Expenditure of amounts.— “(A) In general.— A public housing agency shall spend any assistance received under this section not later than 4 years (plus the period of any extension approved by the Secretary under paragraph (2)) after the date on which funds become available to the agency for obligation. “(B) Enforcement.— The Secretary shall enforce the requirement of subparagraph
(A)through default remedies up to and including withdrawal of the funding. “(6) Right of recapture.— Any obligation entered into by a public housing agency shall be subject to the right of the Secretary to recapture the obligated amounts for violation by the public housing agency of the requirements of this subsection. “(k) Emergency Reserve and Use of Amounts.— “(1) Set-asides.— In each fiscal year after fiscal year 1999, the Secretary shall set aside, for use in accordance with this subsection, not more than 2 percent of the total amount made 112 STAT. 2559available to carry out this section for such fiscal year. In addition to amounts set aside under the preceding sentence, in each fiscal year the Secretary may set from the total amount made available to carry out this section for such fiscal year not more than $20,000,000 for the Operation Safe Home program administered by the Office of the Inspector General of the Department of Housing and Urban Development, for law enforcement efforts to combat violent crime on or near the premises of public and federally assisted housing. “(2) Use of funds.— Amounts set aside under paragraph
(1)shall be available to the Secretary for use for assistance, as provided in paragraph (3), in connection with— “(A) emergencies and other disasters; and “(C) housing needs resulting from any settlement of litigation; and “(3) Eligible uses.— In carrying out this subsection, the Secretary may use amounts set aside under this subsection to provide— “(A) assistance for any eligible use under the Operating Fund or the Capital Fund established by this section; or “(B) tenant-based assistance in accordance with section 8. “(4) Limitation.— With respect to any fiscal year, the Secretary may carry over not more than a total of $25,000,000 in unobligated amounts set aside under this subsection for use in connection with the activities described in paragraph
(2)during the succeeding fiscal year. “(5) Publication.— The Secretary shall publish the use of Federal Register, publication.any amounts allocated under this subsection relating to emergencies (other than disasters and housing needs resulting from any settlement of litigation) in the Federal Register. “(l) Treatment of Nonrental Income.— A public housing agency that receives income from nonrental sources (as determined by the Secretary) may retain and use such amounts without any decrease in the amounts received under this section from the Capital or Operating Fund. Any such nonrental amounts retained shall be used only for low-income housing or to benefit the residents assisted by the public housing agency. “(m) Provision of Only Capital or Operating Assistance.— “(1) Authority.— In appropriate circumstances, as determined by the Secretary, a public housing agency may commit capital assistance only, or operating assistance only, for public housing units, which assistance shall be subject to all of the requirements applicable to public housing except as otherwise provided in this subsection. “(2) Exemptions.— In the case of any public housing unit assisted pursuant to the authority under paragraph (1), the Secretary may, by regulation, reduce the period under subsection (d)(3) or (e)(3), as applicable, during which such units must be operated under requirements applicable to public housing. In cases in which there is commitment of operating assistance but no commitment of capital assistance, the Secretary may make section 8 requirements applicable, as appropriate, by regulation. “(n) Treatment of Public Housing.— “(1) Certain state and city funded housing.— 112 STAT. 2560 “(A) In general.— Notwithstanding any other provision of this section— “(i) for purposes of determining the allocations from the Operating and Capital Funds pursuant to the formulas under subsections (d)(2) and (e)(2) and determining assistance pursuant to section 519(e) of the Quality Housing and Work Responsibility Act of 1998 and under section 9 or 14 of the United States Housing Act of 1937 (as in effect before the date of the enactment of this Act), for any period before the implementation of such formulas, the Secretary shall deem any covered locally developed public housing units as public housing units developed under this title and such units shall be eligible for such assistance; and “(ii) assistance provided under this section, under such section 518(d)(3), or under such section 9 or 14 to any public housing agency may be used with respect to any covered locally developed public housing units. “(B) Covered units.— For purposes of this paragraph, the term ‘covered locally developed public housing units’ means— “(i) not more than 7,000 public housing units developed pursuant to laws of the State of New York and that received debt service and operating subsidies pursuant to such laws; and “(ii) not more than 5,000 dwelling units developed pursuant to section 34 of chapter 121B of the General Laws of the State of Massachusetts. “(2) Reduction of asthma incidence.— Notwithstanding any other provision of this section, the New York City Housing Authority may, in its sole discretion, from amounts provided from the Operating and Capital Funds, or from amounts provided for public housing before amounts are made available from such Funds, use not more than exceeding $500,000 per year for the purpose of initiating, expanding or continuing a program for the reduction of the incidence of asthma among residents. The Secretary shall consult with the Administrator of the Environmental Protection Agency and the Secretary of Health and Human Services to identify and consider sources of funding for the reduction of the incidence of asthma among recipients of assistance under this title. “(3) Services for elderly residents.— Notwithstanding any other provision of this section, the New York City Housing Authority may, in its sole discretion, from amounts provided from the Operating and Capital Funds, or from amounts provided for public housing before the amounts are made available from such Funds, use not more than $600,000 per year for the purpose of developing a comprehensive plan to address the need for services for elderly residents. Such plan may be developed by a partnership created by such Housing Authority and may include the creation of a model project for assisted living at one or more developments. The model project may provide for contracting with private parties for the delivery of services. “(4) Effective date.— This subsection shall apply to fiscal year 1999 and each fiscal year thereafter. ”". 112 STAT. 2561
(b)Allocation of Assistance.— Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended by striking subsection (p).
(c)Conforming Amendments.— The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended—
(1)in section 303(b)(10) (42 U.S.C. 1437aaa-2(b)(10)), by striking “under section 9” the first place it appears and inserting “from the Operating Fund”; and
(2)in section 305(e) (42 U.S.C. 1437aaa-4(e)), by striking “Operating subsidies” and inserting “Amounts from an allocation from the Operating Fund”.
(d)Transitional Ceiling Rents.— Notwithstanding [42 USC 1437a note](/us/usc/t42/s1437a).section 3(a)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(1)), during the period ending upon the later of the implementation of the formulas established pursuant to subsections (d)(2) and (e)(2) of such Act (as amended by this section) and October 1, 1999, a public housing agency may take any of the following actions with respect to public housing:
(1)New provisions.— An agency may—
(A)adopt and apply ceiling rents that reflect the reasonable market value of the housing, but that are not less than—
(i)for housing other than housing predominantly for elderly or disabled families (or both), 75 percent of the monthly cost to operate the housing of the agency;
(ii)for housing predominantly for elderly or disabled families (or both), 100 percent of the monthly cost to operate the housing of the agency; and
(iii)the monthly cost to make a deposit to a replacement reserve (in the sole discretion of the public housing agency); and
(B)allow families to pay ceiling rents referred to in subparagraph (A), unless, with respect to any family, the ceiling rent established under this paragraph would exceed the amount payable as rent by that family under paragraph (1).
(2)Ceiling rents from balanced budget act, I.— An agency may utilize the authority under section 3(a)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)), as in effect immediately before the enactment of this Act, notwithstanding any amendment to such section made by this Act.
(3)Transitional ceiling rents for balanced budget act, I.— An agency may utilize the authority with respect to ceiling rents under section 402(b)(2) of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437a note), notwithstanding any other provision of law (including the expiration of the applicability of such section or the repeal of such section).
(e)Transitional Provision of Assistance.—[42 USC 1437g note](/us/usc/t42/s1437g).
(1)In general.— Subject to paragraph (2), before the implementation of formulas pursuant to sections 9(d)(2) and 9(e)(2) of the United States Housing Act of 1937 (as amended by subsection
(a)of this section), the Secretary shall provide that each public housing agency shall receive funding under sections 9 and 14 of the United States Housing Act of 1937, as those sections existed immediately before the enactment 112 STAT. 2562of this Act (except that such sections shall be subject to any amendments to such sections that may be contained in title II of this Act).
(2)Qualifications.— Before the implementation of formulas pursuant to sections 9(d)(2) and 9(e)(2) of the United States Housing Act of 1937 (as amended by subsection
(a)of this section)—
(A)if a public housing agency establishes a rental amount that is based on a ceiling rent established pursuant to subsection (d)(1) of this section, the Secretary shall take into account any reduction of the per unit dwelling rental income of the public housing agency resulting from the use of that rental amount in calculating the contributions for the public housing agency for the operation of the public housing under section 9 of the United States Housing Act of 1937;
(B)if a public housing agency establishes a rental amount that is based on an adjustment to income under section 3(b)(5)(G) of the United States Housing Act of 1937 (as in effect immediately before the enactment of this Act), the Secretary shall not take into account any reduction of or any increase in the per unit dwelling rental income of the public housing agency resulting from the use of that rental amount in calculating the contributions for the public housing agency for the operation of the public housing under section 9 of the United States Housing Act of 1937; and
(C)if a public housing agency establishes a rental amount other than as provided under subparagraph
(A)or
(B)that is less than the greatest of the amounts determined under subparagraphs (A), (B), and
(C)of section 3(a)(1) of the United States Housing Act of 1937, the Secretary shall not take into account any reduction of the per unit dwelling rental income of the public housing agency resulting from the use of that rental amount in calculating the contributions for the public housing agency for the operation of the public housing under section 9 of the United States Housing Act of 1937.
(f)[42 USC 1437g note](/us/usc/t42/s1437g). Effective Date of Operating Formula.— Notwithstanding the effective date under section 503(a), the Secretary may extend the effective date of the formula under section 9(e)(2) of the United States Housing Act of 1937 (as amended by subsection
(a)of this section) for up to 6 months if such additional time is necessary to implement such formula.
(g)[42 USC 1437g note](/us/usc/t42/s1437g). Effective Date.— Subsections (d), (e), and
(f)shall take effect upon the date of the enactment of this Act. SEC. 520. TOTAL DEVELOPMENT COSTS.
(a)Definition.— Section 3(c)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437a(c)(1)) is amended by inserting before the period at the end of the second sentence the following: “, but does not include the costs associated with the demolition of or remediation of environmental hazards associated with public housing units that will not be replaced on the project site, or other extraordinary site costs as determined by the Secretary”. 112 STAT. 2563
(b)Determination.— Section 6(b) of the United States Housing Act of 1937 (42 U.S.C. 1437d(b)) is amended by adding at the end the following new paragraphs:" “(3) In calculating the total development cost of a project under paragraph (2), the Secretary shall consider only capital assistance provided by the Secretary to a public housing agency that are authorized for use in connection with the development of public housing, and shall exclude all other amounts, including amounts provided under— “(A) the HOME investment partnerships program authorized under title II of the Cranston-Gonzalez National Affordable Housing Act; or “(B) the community development block grants program under title I of the Housing and Community Development Act of 1974. “(4) The Secretary may restrict the amount of capital funds that a public housing agency may use to pay for housing construction costs. For purposes of this paragraph, housing construction costs include the actual hard costs for the construction of units, builders’ overhead and profit, utilities from the street, and finish landscaping.”. " SEC. 521. SANCTIONS FOR IMPROPER USE OF AMOUNTS. Section 6(j) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)) is amended—
(1)by redesignating paragraph
(4)as paragraph (5); and
(2)by inserting after paragraph
(3)the following new paragraph:" “(4) Sanctions for improper use of amounts.— “(A) In general.— In addition to any other actions authorized under this Act, if the Secretary finds that a public housing agency receiving assistance amounts under section 9 for public housing has failed to comply substantially with any provision of this Act relating to the public housing program, the Secretary may— “(i) terminate assistance payments under this section 9 to the agency; “(ii) withhold from the agency amounts from the total allocations for the agency pursuant to section 9; “(iii) reduce the amount of future assistance payments under section 9 to the agency by an amount equal to the amount of such payments that were not expended in accordance with this Act; “(iv) limit the availability of assistance amounts provided to the agency under section 9 to programs, projects, or activities not affected by such failure to comply; “(v) withhold from the agency amounts allocated for the agency under section 8; or “(vi) order other corrective action with respect to the agency. “(B) Termination of compliance action.— If the Secretary takes action under subparagraph
(A)with respect to a public housing agency, the Secretary shall— “(i) in the case of action under subparagraph (A)(i), resume payments of assistance amounts under section 9 to the agency in the full amount of the total allocations 112 STAT. 2564under section 9 for the agency at the time that the Secretary first determines that the agency will comply with the provisions of this Act relating to the public housing program; “(ii) in the case of action under clause
(ii)or
(v)of subparagraph (A), make withheld amounts available as the Secretary considers appropriate to ensure that the agency complies with the provisions of this Act relating to such program; “(iii) in the case of action under subparagraph (A)(iv), release such restrictions at the time that the Secretary first determines that the agency will comply with the provisions of this Act relating to such program; or “(iv) in the case of action under subparagraph (vi), cease such action at the time that the Secretary first determines that the agency will comply with the provisions of this Act relating to such program.”. " SEC. 522. REPEAL OF MODERNIZATION FUND.
(a)In General.— Section 14 of the United States Housing Act of 1937 (42 U.S.C. 14371) is hereby repealed.
(b)Conforming Amendments.—
(1)Funds for public housing development.— Section 5(c)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437c(c)(5)) is amended by striking “for use under section 14 or” and inserting “for use under section 9 or”.
(2)Allocation of assistance.— Section 213(d)(1)(B)(ii) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439(d)(1)(B)(i)) is amended by striking “or 14”.
(3)Moving to work demonstration.— Section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (as contained in section 101(e) of the Omnibus Consolidated [42 USC 1437f note](/us/usc/t42/s1437f).Rescissions and Appropriations Act of 1996; 42 U.S.C. 1437f) is amended by adding at the end the following new subsection:" “(j) Capital and Operating Fund Assistance.— With respect to any public housing agency participating in the demonstration under this section that receives assistance from the Capital or Operating Fund under section 9 of the United States Housing Act of 1937 (as amended by the Quality Housing and Work Responsibility Act of 1998), for purposes of this section— “(1) any reference to assistance under section 9 of the United States Housing Act of 1937 shall be considered to refer also to assistance provided from the Operating Fund under section 9(e) of such Act (as so amended); and “(2) any reference to assistance under section 14 of the United States Housing Act of 1937 shall be considered to refer also to assistance provided from the Capital Fund under section 9(d) of such Act (as so amended).”. "
(4)Lead-based paint poisoning prevention act.— Section 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822) is amended—
(A)in subsection (d)(1)—
(i)by striking “assisted under section 14” and inserting “assisted with capital assistance provided under section 9”; and 112 STAT. 2565
(ii)by striking “assistance under section 14” and inserting “capital assistance provided under section 9”; and
(B)in subsection (f), by striking “for comprehensive improvement assistance under section 14” and inserting “under the Capital Fund under section 9”.
(5)HOME program assistance.— Section 212(d)(5) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(5)) is amended by striking “section 14” and inserting “section 9(d)(1)”.
(c)Savings Provisions.—[42 USC 1437*l* note.](/us/usc/t42/s1437l)Applicability.
(1)In general.— Section 14 of the United States Housing Act of 1937 shall apply as provided in section 519(e) of this Act.
(2)Expansion of use of modernization funding.— Before the implementation of formulas pursuant to sections 9(d)(2) and 9(e)(2) of the United States Housing Act of 1937 (as amended by section 519(a) of this Act) an agency may utilize any authority provided under or pursuant to section 14(q) of such Act (including the authority under section 201(a) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (Public Law 104–134; 110 Stat. 1321–277)), as such provisions (including such section 201(a)) may be amended thereafter, including any amendment made by title II of this Act), notwithstanding any other provision of law (including the repeal made under this section, the expiration of the applicability of such section 201, or any repeal of such section 201).
(3)Effective date.— This subsection shall take effect on the date of the enactment of this Act. PART 2— ADMISSIONS AND OCCUPANCY REQUIREMENTS SEC. 523. FAMILY CHOICE OF RENTAL PAYMENT. Paragraph
(2)of section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)) is amended to read as follows:" “(2) Rental payments for public housing families.— “(A) Authority for family to select.— “(i) In general.—A family residing in a public housing dwelling shall pay as monthly rent for the unit the amount determined under clause
(i)or
(ii)of subparagraph (B), subject to the requirement under paragraph
(3)(relating to minimum rents). Each public housing agency shall provide for each family residing in a public housing dwelling unit owned, assisted, or operated by the agency to elect annually whether the rent paid by such family shall be determined under clause
(i)or
(ii)of subparagraph (B). A public housing agency may not at any time fail to provide both such rent options for any public housing dwelling unit owned, assisted, or operated by the agency. “(ii) Authority to retain flat and ceiling rents.—Notwithstanding clause
(i)or any other provision of law, any public housing agency that is administering flat rents or ceiling rents pursuant to any authority referred to in section 519(d) of the Quality Housing and Work Responsibility Act of 1998 before the effective day of such Act 112 STAT. 2566may continue to charge rent in accordance with such rent provisions after such effective date, except that the agency shall provide for families residing in public housing dwelling units owned or operated by the agency to elect annually whether to pay rent under such provisions or in accordance with one of the rent options referred to in subparagraph (A). “(B) Allowable rent structures.— “(i) Flat rents.— Except as otherwise provided under this clause, each public housing agency shall establish, for each dwelling unit in public housing owned or operated by the agency, a flat rental amount for the dwelling unit, which shall— “(I) be based on the rental value of the unit, as determined by the public housing agency; and “(II) be designed in accordance with subparagraph
(D)so that the rent structures do not create a disincentive for continued residency in public housing by families who are attempting to become economically self-sufficient through employment or who have attained a level of self-sufficiency through their own efforts. The rental amount for a dwelling unit shall be considered to comply with the requirements of this clause if such amount does not exceed the actual monthly costs to the public housing agency attributable to providing and operating the dwelling unit. The preceding sentence may not be construed to require establishment of rental amounts equal to or based on operating costs or to prevent public housing agencies from developing flat rents required under this clause in any other manner that may comply with this clause. “(ii) Income-based rents.— “(I) In general.— The monthly rental amount determined under this clause for a family shall be an amount, determined by the public housing agency, that does not exceed the greatest of the amounts (rounded to the nearest dollar) determined under subparagraphs (A), (B), and
(C)of paragraph (1). This clause may not be construed to require a public housing agency to charge a monthly rent in the maximum amount permitted under this clause. “(II) Discretion.— Subject to the limitation on monthly rental amount under subclause (I), a public housing agency may, in its discretion, implement a rent structure under this clause requiring that a portion of the rent be deposited to an escrow or savings account, imposing ceiling rents, or adopting income exclusions (such as those set forth in section 3(b)(5)(B)), or may establish another reasonable rent structure or amount. “(C) Switching rent determination methods because of hardship circumstances— Notwithstanding subparagraph (A), in the case of a family that has elected to pay rent in the amount determined under subparagraph (B)(i), a public housing agency shall immediately provide for the family to pay rent in the amount determined under subparagraph (B)(ii) during the period for which such election was made upon a 112 STAT. 2567determination that the family is unable to pay the amount determined under subparagraph (B)(i) because of financial hardship, including— “(i) situations in which the income of the family has decreased because of changed circumstances, loss of reduction of employment, death in the family, and reduction in or loss of income or other assistance; “(ii) an increase, because of changed circumstances, in the family’s expenses for medical costs, child care, transportation, education, or similar items; and “(iii) such other situations as may be determined by the agency. “(D) Encouragement of self-sufficiency.— The rental policy developed by each public housing agency shall encourage and reward employment and economic self-sufficiency. “(E) Income reviews.— Notwithstanding the second sentence of paragraph (1), in the case of families that are paying rent in the amount determined under subparagraph (B)(i), the agency shall review the income of such family not less than once every 3 years.”. " SEC. 524. OCCUPANCY BY POLICE OFFICERS AND OVER-INCOME FAMILIES.
(a)In General.— Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraphs:" “(4) Occupancy by police officers.— “(A) In general.— Subject to subparagraph
(B)and notwithstanding any other provision of law, a public housing agency may, in accordance with the public housing agency plan for the agency, allow a police officer who is not otherwise eligible for residence in public housing to reside in a public housing dwelling unit. The number and location of units occupied by police officers under this paragraph and the terms and conditions of their tenancies shall be determined by the public housing agency. “(B) Increased security.— A public housing agency may take the actions authorized in subparagraph
(A)only for the purpose of increasing security for the residents of a public housing project. “(C) Definition.— In this paragraph, the term ‘police officer’ means any person determined by a public housing agency to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State, or local government or by any agency thereof (including a public housing agency having an accredited police force). “(5) Occupancy by over-income families in certain public housing.— “(A) Authority.— Notwithstanding any other provision of law, a public housing agency that owns or operates less than 250 units may, on a month-to-month basis, lease a dwelling unit in a public housing project to an over-income family in accordance with this paragraph, but only if there are no eligible families applying for housing assistance from the public housing agency for that month and 112 STAT. 2568the agency provides not less than 30-day public notice of the availability of such assistance. “(B) Terms and conditions.— The number and location of dwelling units of a public housing agency occupied under this paragraph by over-income families, and the terms and conditions of those tenancies, shall be determined by the public housing agency, except that— “(i) notwithstanding paragraph (2), rent for a unit shall be in an amount that is not less than the costs to operate the unit; “(ii) if an eligible family applies for residence after an over-income family moves in to the last available unit, the over-income family shall vacate the unit in accordance with notice of termination of tenancy provided by the agency, which shall be provided not less than 30 days before such termination; and “(iii) if a unit is vacant and there is no one on the waiting list, the public housing agency may allow an over-income family to gain immediate occupancy in the unit, while simultaneously providing reasonable public notice and outreach with regard to availability of the unit. “(C) Definition.— For purposes of this paragraph, the term ‘over-income family’ means an individual or family that is not a low-income family at the time of initial occupancy”. "
(b)[42 USC 1437a note](/us/usc/t42/s1437a). Applicability.— The amendment made by this paragraph is made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 525. SITE-BASED WAITING LISTS. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended by adding at the end the following new subsection:" “(s) Site-Based Waiting Lists.— “(1) Authority.— A public housing agency may establish procedures for maintaining waiting lists for admissions to public housing projects of the agency, which may include (notwithstanding any other law, regulation, handbook, or notice to the contrary) a system of site-based waiting lists under which applicants may apply directly at or otherwise designate the project or projects in which they seek to reside. All such procedures shall comply with all provisions of title VI of the Civil Rights Act of 1964, the Fair Housing Act, and other applicable civil rights laws. “(2) Notice.— Any system described in paragraph
(1)shall provide for the full disclosure by the public housing agency to each applicant of any option available to the applicant in the selection of the project in which to reside.”. " SEC. 526. PET OWNERSHIP. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section:" “SEC. 31. [42 USC 1437z-3](/us/usc/t42/s1437z-3). PET OWNERSHIP IN PUBLIC HOUSING. “(a) Ownership Conditions.— A resident of a dwelling unit in public housing (as such term is defined in subsection (c)) may 112 STAT. 2569own 1 or more common household pets or have 1 or more common household pets present in the dwelling unit of such resident, subject to the reasonable requirements of the public housing agency, if the resident maintains each pet responsibly and in accordance with applicable State and local public health, animal control, and animal anti-cruelty laws and regulations and with the policies established in the public housing agency plan for the agency. “(b) Reasonable Requirements.— The reasonable requirements referred to in subsection
(a)may include— “(1) requiring payment of a nominal fee, a pet deposit, or both, by residents owning or having pets present, to cover the reasonable operating costs to the project relating to the presence of pets and to establish an escrow account for additional costs not otherwise covered, respectively; “(2) limitations on the number of animals in a unit, based on unit size; “(3) prohibitions on— “(A) types of animals that are classified as dangerous; and “(B) individual animals, based on certain factors, including the size and weight of the animal; and “(4) restrictions or prohibitions based on size and type of building or project, or other relevant conditions. “(c) Pet Ownership In Public Housing Designated For Occupancy By Elderly or Handicapped Families.— For purposes of this section, the term ‘public housing’ has the meaning given the term in section 3(b), except that such term does not include any public housing that is federally assisted rental housing for the elderly or handicapped, as such term is defined in section 227(d) of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1(d)). “(d) Regulations.— This section shall take effect upon the date Effective date.of the effectiveness of regulations issued by the Secretary to carry out this section. Such regulations shall be issued after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).”. " PART 3— MANAGEMENT, HOMEOWNERSHIP, AND DEMOLITION AND DISPOSITION SEC. 529. CONTRACT PROVISIONS. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended—
(1)in subsection (c)(4)(E), by striking “except in the case of agencies not receiving operating assistance under section 9” and inserting “for each agency that receives assistance under this title”; and
(2)by striking subsection (e). SEC. 530. HOUSING QUALITY REQUIREMENTS. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended by inserting after subsection
(e)the following new subsection:" “(f) Housing Quality Requirements.— 112 STAT. 2570 “(1) In general.— Each contract for contributions for a public housing agency shall require that the agency maintain its public housing in a condition that complies with standards which meet or exceed the housing quality standards established under paragraph (2). “(2) Federal standards.— The Secretary shall establish housing quality standards under this paragraph that ensure that public housing dwelling units are safe and habitable. Such standards shall include requirements relating to habitability, including maintenance, health and sanitation factors, condition, and construction of dwellings, and shall, to the greatest extent practicable, be consistent with the standards established under section 8(o)(8)(B)(i). The Secretary may determine whether the laws, regulations, standards, or codes of any State or local jurisdiction meet or exceed these standards, for purposes of this subsection. “(3) Annual inspections.— Each public housing agency that owns or operates public housing shall make an annual inspection of each public housing project to determine whether units in the project are maintained in accordance with the requirements under paragraph (1). The agency shall retain the results of such inspections and, upon the request of the Secretary, the Inspector General for the Department of Housing and Urban Development, or any auditor conducting an audit under section 5(h), shall make such results available.”. " SEC. 531. DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.
(a)In General.— Section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p) is amended to read as follows:" “SEC. 18. DEMOLITION AND DISPOSITION OF PUBLIC HOUSING. “(a) Applications for Demolition and Disposition.— Except as provided in subsection (b), upon receiving an application by a public housing agency for authorization, with or without financial assistance under this title, to demolish or dispose of a public housing project or a portion of a public housing project (including any transfer to a resident-supported nonprofit entity), the Secretary shall approve the application, if the public housing agency certifies— “(1) in the case of— “(A) an application proposing demolition of a public housing project or a portion of a public housing project, that— “(i) the project or portion of the public housing project is obsolete as to physical condition, location, or other factors, making it unsuitable for housing purposes; and “(ii) no reasonable program of modifications is cost-effective to return the public housing project or portion of the project to useful life; and “(B) an application proposing the demolition of only a portion of a public housing project, that the demolition will help to ensure the viability of the remaining portion of the project; “(2) in the case of an application proposing disposition by sale or other transfer of a public housing project or other real property subject to this title— 112 STAT. 2571 “(A) the retention of the property is not in the best interests of the residents or the public housing agency because— “(i) conditions in the area surrounding the public housing project adversely affect the health or safety of the residents or the feasible operation of the project by the public housing agency; or “(ii) disposition allows the acquisition, development, or rehabilitation of other properties that will be more efficiently or effectively operated as low-income housing; “(B) the public housing agency has otherwise determined the disposition to be appropriate for reasons that are— “(i) in the best interests of the residents and the public housing agency; “(ii) consistent with the goals of the public housing agency and the public housing agency plan; and “(iii) otherwise consistent with this title; or “(C) for property other than dwelling units, the property is excess to the needs of a public housing project or the disposition is incidental to, or does not interfere with, continued operation of a public housing project; “(3) that the public housing agency has specifically authorized the demolition or disposition in the public housing agency plan, and has certified that the actions contemplated in the public housing agency plan comply with this section; “(4) that the public housing agency— “(A) will notify each family residing in a project subject Notification.to demolition or disposition 90 days prior to the displacement date, except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that— “(i) the public housing project will be demolished or disposed of; “(ii) the demolition of the building in which the family resides will not commence until each resident of the building is relocated; and “(iii) each family displaced by such action will be offered comparable housing— “(I) that meets housing quality standards; “(II) that is located in an area that is generally not less desirable than the location of the displaced person’s housing; and “(III) which may include— “(aa) tenant-based assistance, except that the requirement under this clause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such family into such housing; “(bb) project-based assistance; or “(cc) occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated; 112 STAT. 2572 “(B) will provide for the payment of the actual and reasonable relocation expenses of each resident to be displaced; “(C) will ensure that each displaced resident is offered comparable housing in accordance with the notice under subparagraph (A); and “(D) will provide any necessary counseling for residents who are displaced; and “(E) will not commence demolition or complete disposition until all residents residing in the building are relocated; “(5) that the net proceeds of any disposition will be used— “(A) unless waived by the Secretary, for the retirement of outstanding obligations issued to finance the original public housing project or modernization of the project; and “(B) to the extent that any proceeds remain after the application of proceeds in accordance with subparagraph (A), for— “(i) the provision of low-income housing or to benefit the residents of the public housing agency; or “(ii) leveraging amounts for securing commercial enterprises, on-site in public housing projects of the public housing agency, appropriate to serve the needs of the residents; and “(6) that the public housing agency has complied with subsection (c). “(b) Disapproval of Applications.— The Secretary shall disapprove an application submitted under subsection
(a)if the Secretary determines that— “(1) any certification made by the public housing agency under that subsection is clearly inconsistent with information and data available to the Secretary or information or data requested by the Secretary; or “(2) the application was not developed in consultation with— “(A) residents who will be affected by the proposed demolition or disposition; “(B) each resident advisory board and resident council, if any, of the project (or portion thereof) that will be affected by the proposed demolition or disposition; and “(C) appropriate government officials. “(c) Resident Opportunity To Purchase in Case of Proposed Disposition.— “(1) In general.— In the case of a proposed disposition of a public housing project or portion of a project, the public housing agency shall, in appropriate circumstances, as determined by the Secretary, initially offer the property to any eligible resident organization, eligible resident management corporation, or nonprofit organization acting on behalf of the residents, if that entity has expressed an interest, in writing, to the public housing agency in a timely manner, in purchasing the property for continued use as low-income housing. “(2) Timing.— “(A) Expression of interest.— A resident organization, resident management corporation, or other resident-supported nonprofit entity referred to in paragraph
(1)may express interest in purchasing property that is the 112 STAT. 2573subject of a disposition, as described in paragraph (1), during the 30-day period beginning on the date of notification of a proposed sale of the property. “(B) Opportunity to arrange purchase.— If an entity expresses written interest in purchasing a property, as provided in subparagraph (A), no disposition of the property shall occur during the 60-day period beginning on the date of receipt of that written notice (other than to the entity providing the notice), during which time that entity shall be given the opportunity to obtain a firm commitment for financing the purchase of the property. “(d) Replacement Units.— Notwithstanding any other provision of law, replacement public housing units for public housing units demolished in accordance with this section may be built on the original public housing location or in the same neighborhood as the original public housing location if the number of the replacement public housing units is significantly fewer than the number of units demolished. “(e) Consolidation of Occupancy Within or Among Buildings.— Nothing in this section may be construed to prevent a public housing agency from consolidating occupancy within or among buildings of a public housing project, or among projects, or with other housing for the purpose of improving living conditions of, or providing more efficient services to, residents. “(f) De Minimis Exception to Demolition Requirements— Notwithstanding any other provision of this section, in any 5-year period a public housing agency may demolish not more than the lesser of 5 dwelling units or 5 percent of the total dwelling units owned by the public housing agency, but only if the space occupied by the demolished unit is used for meeting the service or other needs of public housing residents or the demolished unit was beyond repair. “(g) Uniform Relocation and Real Property Acquisition Act.— The Uniform Relocation and Real Property Acquisition Policies Act of 1970 shall not apply to activities under this section. “(h) Relocation and Replacement.— Of the amounts appropriated for tenant-based assistance under section 8 in any fiscal year, the Secretary may use such sums as are necessary for relocation and replacement housing for dwelling units that are demolished and disposed of from the public housing inventory (in addition to other amounts that may be available for such purposes).”. "
(b)Homeownership Replacement Plan.—[42 USC 1437aaa-3 note](/us/usc/t42/s1437aaa-3).
(1)In general.— Notwithstanding subsections
(b)and
(c)of section 1002 of the Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-terrorism Initiatives, for Assistance in the Recovery from the Tragedy that Occurred At Oklahoma City, and Rescissions Act, 1995 (Public Law 104–19; 109 Stat. 236), subsection
(g)of section 304 of the United States Housing Act of 1937 (42 U.S.C. 1437aaa-3(g)) is repealed.
(2)Effective date.— The amendment made by paragraph
(1)shall be effective with respect to any plan for the demolition, disposition, or conversion to homeownership of public housing that is approved by the Secretary after September 30, 1995.
(c)Treatment of Frost-Leland Provisions.— Notwithstanding any other provision of law, on and after the date of the enactment of this Act, the public housing projects described in section 112 STAT. 2574415 of the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1988 (Public Law 100–202; 101 Stat. 1329–213), as in effect on April 25, 1996, shall be eligible for demolition under—
(1)section 9 of the United States Housing Act of 1937, as amended by this Act; and
(2)section 14 of the United States Housing Act of 1937, as that section existed on the day before the date of the enactment of this Act.
(c)[42 USC 1437p note](/us/usc/t42/s1437p). Applicability.— This section shall take effect on, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 532. RESIDENT COUNCILS AND RESIDENT MANAGEMENT CORPORATIONS.
(a)Resident Management.— Section 20 of the United States Housing Act of 1937 (42 U.S.C. 1437r) is amended—
(1)in subsection (b)(4), by inserting after “materials” the following: “, rent determination, community service requirements,”;
(2)by striking subsection
(c)and inserting the following new subsection:" “(c) Assistance Amounts.— A contract under this section for management of a public housing project by a resident management corporation shall provide for— “(1) the public housing agency to provide a portion of the assistance to agency from the Capital and Operating Funds to the resident management corporation in accordance with subsection
(e)for purposes of operating the public housing project covered by the contract and performing such other eligible activities with respect to the project as may be provided under the contract; “(2) the amount of income expected to be derived from the project itself (from sources such as rents and charges); “(3) the amount of income to be provided to the project from the other sources of income of the public housing agency (such as interest income, administrative fees, and rents); and “(4) any income generated by a resident management corporation of a public housing project that exceeds the income estimated under the contract shall be used for eligible activities under subsections (d)(1) and (e)(1) of section 9.”; "
(3)in subsection (d), by striking paragraph
(3)and redesignating paragraph
(4)as paragraph (3);
(4)in subsection (e)—
(A)by redesignating paragraph
(4)as paragraph (6);
(B)by striking the subsection designation and heading and all that follows through the end of paragraph
(3)and inserting the following:" “(e) Direct Provision of Operating and Capital Assistance.— “(1) In general.— The Secretary shall directly provide assistance from the Operating and Capital Funds to a resident management corporation managing a public housing development pursuant to a contract under this section, but only if— “(A) the resident management corporation petitions the Secretary for the release of the funds; 112 STAT. 2575 “(B) the contract provides for the resident management corporation to assume the primary management responsibilities of the public housing agency ; and “(C) the Secretary determines that the corporation has the capability to effectively discharge such responsibilities. “(2) Use of assistance.— Any assistance from the Operating and Capital Funds provided to a resident management corporation pursuant to this subsection shall be used for purposes of operating the public housing developments of the agency and performing such other eligible activities with respect to public housing as may be provided under the contract. “(3) Responsibility of public housing agency.— If the Secretary provides direct funding to a resident management corporation under this subsection, the public housing agency shall not be responsible for the actions of the resident management corporation. “(4) Calculation of operating fund allocation.— Notwithstanding any provision of section 9 or any regulation under such section, and subject to the exception provided in paragraph (3), the portion of the amount received by a public housing agency under section 9 that is due to an allocation from the Operating Fund and that is allocated to a public housing project managed by a resident management corporation shall not be less than the public housing agency per unit monthly amount provided in the previous year as determined on an individual project basis. “(5) Calculation of total income.— “(A) Subject to subparagraph (B), the amount of funds provided by a public housing agency to a public housing project managed by a resident management corporation may not be reduced during the 3-year period beginning on the date of the enactment of the Housing and Community Development Act of 1987 or on any later date on which a resident management corporation is first established for the project. “(B) If the total income of a public housing agency (including any amounts from the Capital or Operating Funds provided to the public housing agency under section 9) is reduced or increased, the income provided by the public housing agency to a public housing project managed by a resident management corporation shall be reduced or increased in proportion to the reduction or increase in the total income of the public housing agency, except that any reduction in amounts from the Operating Fund that occurs as a result of fraud, waste, or mismanagement by the public housing agency shall not affect the funds provided to the resident management corporation.”; and "
(C)in paragraph (6)(A) (as so redesignated by subparagraph
(A)of this paragraph), by striking “the operating subsidies provided to” and inserting “the allocations from the Operating Fund for”; and
(5)by striking subsections
(f)and (g).
(b)Purchase By Resident Management Corporations.— Section 21 of the United States Housing Act of 1937 (42 U.S.C. 1437s) is amended—
(1)in subsection (a)— 112 STAT. 2576
(A)in paragraph (2)(A), by striking “comprehensive improvement assistance under section 14” and inserting “assistance from the Capital Fund”;
(B)in paragraph (3)(A)(v), by striking “minimum safety and livability standards applicable under section 14” and inserting “housing quality standards applicable under section 6(f)”;
(C)in paragraph (7)—
(i)by striking “Annual contributions” and inserting “Capital and operating assistance”;
(ii)in the first sentence, by striking “pay annual contributions” and inserting “provide assistance under section 9”; and
(iii)by striking the last sentence and inserting the following: “Such assistance may not exceed the allocation for the project under section 9.”; and
(D)in paragraph (8), by striking “Operating subsidies.—Operating subsidies” and inserting “ Operating fund allocation.—Amounts from the Operating Fund”;
(2)in subsection (b)(3)—
(A)by striking “a certificate under section 8(b)(1) or a housing voucher” and inserting “tenant-based assistance”; and
(B)by striking “fair market rent for such certificate” and inserting “payment standard for such assistance”; and
(3)in subsection (d), by inserting “, as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998,” after “section 6(c)(4)(D)”. SEC. 533. CONVERSION OF PUBLIC HOUSING TO VOUCHERS; REPEAL OF FAMILY INVESTMENT CENTERS.
(a)In General.— Section 22 of the United States Housing Act of 1937 (42 U.S.C. 1437t) is amended to read as follows:" “SEC. 22. AUTHORITY TO CONVERT PUBLIC HOUSING TO VOUCHERS. “(a) Authority.— A public housing agency may convert any public housing project (or portion thereof) owned by the public housing agency to tenant-based assistance, but only in accordance with the requirements of this section. “(b) Conversion Assessment.— “(1) In general.— To convert public housing under this section, a public housing agency shall conduct an assessment of the public housing that includes— “(A) a cost analysis that demonstrates whether or not the cost (both on a net present value basis and in terms of new budget authority requirements) of providing tenant-based assistance under section 8 for the same families in substantially similar dwellings over the same period of time is less expensive than continuing public housing assistance in the public housing project for the remaining useful life of the project; “(B) an analysis of the market value of the public housing project both before and after rehabilitation, and before and after conversion; “(C) an analysis of the rental market conditions with respect to the likely success of the use of tenant-based assistance under section 8 in that market for the specific 112 STAT. 2577residents of the public housing project, including an assessment of the availability of decent and safe dwellings renting at or below the payment standard established for tenant-based assistance under section 8 by the agency; “(D) the impact of the conversion to tenant-based assistance under this section on the neighborhood in which the public housing project is located; and “(E) a plan that identifies actions, if any, that the public housing agency would take with regard to converting any public housing project or projects (or portions thereof) of the public housing agency to tenant-based assistance. “(2) Timing.— Not later than 2 years after the effective Deadline.date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, each public housing agency shall conduct an assessment under paragraph
(1)or
(3)of the status of each public housing project owned by such agency and shall submit to the Secretary such assessment. A public housing agency may otherwise undertake an assessment under this subsection at any time and for any public housing project (or portion thereof) owned by the agency. A public housing agency may update a previously conducted assessment for a project (or portion thereof) for purposes of compliance with the one-year limitation under subsection (c). “(3) Streamlined Assessment.— At the discretion of the Secretary or at the request of a public housing agency, the Secretary may waive any or all of the requirements of paragraph
(1)or
(3)or otherwise require a streamlined assessment with respect to any public housing project or class of public housing projects. “(c) Criteria for Implementation of Conversion Plan.— A public housing agency may convert a public housing project (or portion thereof) owned by the agency to tenant-based assistance only pursuant to a conversion assessment under subsection
(b)that one year and that demonstrates that the conversion— “(1) will not be more expensive than continuing to operate the public housing project (or portion thereof) as public housing; “(2) will principally benefit the residents of the public housing project (or portion thereof) to be converted, the public housing agency, and the community; and “(3) will not adversely affect the availability of affordable housing in such community. “(d) Conversion Plan Requirement.— A public housing project may be converted under this section to tenant-based assistance only as provided in a conversion plan under this subsection, which has not been disapproved by the Secretary pursuant to subsection (e). Each conversion plan shall— “(1) be developed by the public housing agency, in consultation with the appropriate public officials, with significant participation by the residents of the project (or portion thereof) to be converted; “(2) be consistent with and part of the public housing agency plan; “(3) describe the conversion and future use or disposition of the project (or portion thereof) and include an impact analysis on the affected community; “(4) provide that the public housing agency shall— 112 STAT. 2578 “(A) Notification.notify each family residing in a public housing project (or portion) to be converted under the plan 90 days prior to the displacement date except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that— “(i) the public housing project (or portion) will be removed from the inventory of the public housing agency; and “(ii) each family displaced by such action will be offered comparable housing“ “(I) that meets housing quality standards; “(II) that is located in an area that is generally not less desirable than the location of the displaced person’s housing; and “(III) which may include— “(aa) tenant-based assistance, except that the requirement under this clause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such family into such housing; “(bb) project-based assistance; or “(cc) occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated; “(B) provide any necessary counseling for families displaced by such action; “(C) ensure that, if the project (or portion) converted is used as housing after such conversion, each resident may choose to remain in their dwelling unit in the project and use the tenant-based assistance toward rent for that unit; and “(D) provide any actual and reasonable relocation expenses for families displaced by the conversion; and “(5) provide that any proceeds to the agency from the conversion will be used subject to the limitations that are applicable under section 18(a)(5) to proceeds resulting from the disposition or demolition of public housing. “(e) Review and Approval of Conversion Plans.— The Secretary shall disapprove a conversion plan only if— “(1) the plan is plainly inconsistent with the conversion assessment for the agency developed under subsection (b); “(2) there is reliable information and data available to the Secretary that contradicts that conversion assessment; or “(3) the plan otherwise fails to meet the requirements of this section. “(f) Tenant-Based Assistance.— To the extent approved by the Secretary, the funds used by the public housing agency to provide tenant-based assistance under section 8 shall be added to the annual contribution contract administered by the public housing agency.”. "
(b)[42 USC 1437t note](/us/usc/t42/s1437t). Savings Provision.— The amendment made by subsection
(a)shall not affect any contract or other agreement entered into under section 22 of the United States Housing Act of 1937, as 112 STAT. 2579such section existed immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998. SEC. 534. TRANSFER OF MANAGEMENT OF CERTAIN HOUSING TO INDEPENDENT MANAGER AT REQUEST OF RESIDENTS. The United States Housing Act of 1937 is amended by striking section 25 (42 U.S.C. 1437w) and inserting the following new section:" “SEC. 25. TRANSFER OF MANAGEMENT OF CERTAIN HOUSING TO [42 USC 1437w](/us/usc/t42/s1437w).INDEPENDENT MANAGER AT REQUEST OF RESIDENTS. “(a) Authority.— The Secretary may transfer the responsibility and authority for management of specified housing (as such term is defined in subsection (h)) from a public housing agency to an eligible management entity, in accordance with the requirements of this section, if— “(1) a request for transfer of management of such housing is made and approved in accordance with subsection (b); and “(2) the Secretary or the public housing agency, as appropriate pursuant to subsection (b), determines that— “(A) due to the mismanagement of the agency, such housing has deferred maintenance, physical deterioration, or obsolescence of major systems and other deficiencies in the physical plant of the project; “(B) such housing is located in an area such that the housing is subject to recurrent vandalism and criminal activity (including drug-related criminal activity); and “(C) the residents can demonstrate that the elements of distress for such housing specified in subparagraphs
(A)and
(B)can be remedied by an entity or entities, identified by the residents, that has or have a demonstrated capacity to manage, with reasonable expenses for modernization. “(b) Request for Transfer.— The responsibility and authority for managing specified housing may be transferred only pursuant to a request made by a majority vote of the residents for the specified housing that— “(1) in the case of specified housing that is owned by a public housing agency that is designated as a troubled agency under section 6(j)(2)— “(A) is made to the public housing agency or the Secretary; and “(B) is approved by the agency or the Secretary; or “(2) in the case of specified housing that is owned by a public housing agency that is not designated as a troubled agency under section 6(j)(2)— “(A) is made to and approved by the public housing agency; or “(B) if a request is made to the agency pursuant to subparagraph
(A)and is not approved, is subsequently made to and approved by the Secretary. “(c) Capital and Operating Assistance.— Pursuant to a contract under subsection (d), the Secretary shall require the public housing agency for specified housing to provide to the manager for the housing, from any assistance from the Capital and Operating Funds under section 9 for the agency, fair and reasonable amounts for the housing for eligible capital and operating activities under 112 STAT. 2580subsection (d)(1) and (e)(1) of section 9. The amount made available under this subsection to a manager shall be determined by the Secretary based on the share for the specified housing of the aggregate amount of assistance from such Funds for the public housing agency transferring the housing, taking into consideration the operating and capital improvement needs of the specified housing, the operating and capital improvement needs of the remaining public housing units managed by the public housing agency, and the public housing agency plan of such agency. “(d) Contract Between Secretary and Manager.— “(1) Requirements.— Pursuant to the approval of a request under this section for transfer of the management of specified housing, the Secretary shall enter into a contract with the eligible management entity. “(2) Terms.— A contract under this subsection shall contain provisions establishing the rights and responsibilities of the manager with respect to the specified housing and the Secretary and shall be consistent with the requirements of this Act applicable to public housing projects. “(e) Compliance With Public Housing Agency Plan.— A manager of specified housing under this section shall comply with the approved public housing agency plan applicable to the housing and shall submit such information to the public housing agency from which management was transferred as may be necessary for such agency to prepare and update its public housing agency plan. “(f) Demolition and Disposition by Manager.— A manager under this section may demolish or dispose of specified housing only if, and in the manner, provided for in the public housing agency plan for the agency transferring management of the housing. “(g) Limitation on PHA Liability.— A public housing agency that is not a manager for specified housing shall not be liable for any act or failure to act by a manager or resident council for the specified housing. “(h) Definitions.— For purposes of this section, the following definitions shall apply: “(1) Eligible management entity.— The term ‘eligible management entity’ means, with respect to any public housing project, any of the following entities: “(A) Nonprofit organization.— A public or private nonprofit organization, which may— “(i) include a resident management corporation; and “(ii) not include the public housing agency that owns or operates the project. “(B) For-profit entity.— A for-profit entity that has demonstrated experience in providing low-income housing. “(C) State or local government.— A State or local government, including an agency or instrumentality thereof. “(D) Public housing agency.— A public housing agency (other than the public housing agency that owns or operates the project). The term does not include a resident council. “(2) Manager.— The term ‘manager’ means any eligible management entity that has entered into a contract under 112 STAT. 2581this section with the Secretary for the management of specified housing. “(3) Nonprofit.— The term ‘nonprofit’ means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual. “(4) Private nonprofit organization.— The term ‘private nonprofit organization’ means any private organization (including a State or locally chartered organization) that— “(A) is incorporated under State or local law; “(B) is nonprofit in character; “(C) complies with standards of financial accountability acceptable to the Secretary; and “(D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income families. “(5) Public nonprofit organization.— The term ‘public nonprofit organization’ means any public entity that is nonprofit in character. “(6) Specified housing.— The term ‘specified housing’ means a public housing project or projects, or a portion of a project or projects, for which the transfer of management is requested under this section. The term includes one or more contiguous buildings and an area of contiguous row houses, but in the case of a single building, the building shall be sufficiently separable from the remainder of the project of which it is part to make transfer of the management of the building feasible for purposes of this section.”. " SEC. 535. DEMOLITION, SITE REVITALIZATION, REPLACEMENT HOUSING, AND TENANT-BASED ASSISTANCE GRANTS FOR PROJECTS.
(a)In General.— Section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v) is amended to read as follows:" “SEC. 24. DEMOLITION, SITE REVITALIZATION, REPLACEMENT HOUSING, AND TENANT-BASED ASSISTANCE GRANTS FOR PROJECTS. “(a) Purposes.— The purpose of this section is to provide assistance to public housing agencies for the purposes of— “(1) improving the living environment for public housing residents of severely distressed public housing projects through the demolition, rehabilitation, reconfiguration, or replacement of obsolete public housing projects (or portions thereof); “(2) revitalizing sites (including remaining public housing dwelling units) on which such public housing projects are located and contributing to the improvement of the surrounding neighborhood; “(3) providing housing that will avoid or decrease the concentration of very low-income families; and “(4) building sustainable communities. “(b) Grant Authority.— The Secretary may make grants as provided in this section to applicants whose applications for such grants are approved by the Secretary under this section. “(c) Contribution Requirement.— “(1) In general.— The Secretary may not make any grant under this section to any applicant unless the applicant certifies to the Secretary that the applicant will— 112 STAT. 2582 “(A) supplement the aggregate amount of assistance provided under this section with an amount of funds from sources other than this section equal to not less than 5 percent of the amount provided under this section; and “(B) in addition to supplemental amounts provided in accordance with subparagraph (A), if the applicant uses more than 5 percent of the amount of assistance provided under this section for services under subsection (d)(1)(L), provide supplemental funds from sources other than this section in an amount equal to the amount so used in excess of 5 percent. “(2) Supplemental funds.— In calculating the amount of supplemental funds provided by a grantee for purposes of paragraph (1), the grantee may include amounts from other Federal sources, any State or local government sources, any private contributions, the value of any donated material or building, the value of any lease on a building, the value of the time and services contributed by volunteers, and the value of any other in-kind services or administrative costs provided. “(3) Exemption.— If assistance provided under this title will be used only for providing tenant-based assistance under section 8 or demolition of public housing (without replacement), the Secretary may exempt the applicant from the requirements under paragraph (1)(A). “(d) Eligible Activities.— “(1) In general.— Grants under this section may be used for activities to carry out revitalization programs for severely distressed public housing, including— “(A) architectural and engineering work; “(B) redesign, rehabilitation, or reconfiguration of a severely distressed public housing project, including the site on which the project is located; “(C) the demolition, sale, or lease of the site, in whole or in part; “(D) covering the administrative costs of the applicant, which may not exceed such portion of the assistance provided under this section as the Secretary may prescribe; “(E) payment of reasonable legal fees; “(F) providing reasonable moving expenses for residents displaced as a result of the revitalization of the project; “(G) economic development activities that promote the economic self-sufficiency of residents under the revitalization program; “(H) necessary management improvements; “(I) leveraging other resources, including additional housing resources, retail supportive services, jobs, and other economic development uses on or near the project that will benefit future residents of the site; “(J) replacement housing (including appropriate homeownership downpayment assistance for displaced residents or other appropriate replacement homeownership activities) and rental assistance under section 8; “(K) transitional security activities; and “(L) necessary supportive services, except that not more than 15 percent of the amount of any grant may be used for activities under this paragraph. 112 STAT. 2583 “(2) Endowment trust for supportive services.— In using grant amounts under this section made available in fiscal year 2000 or thereafter for supportive services under paragraph (1)(L), a public housing agency may deposit such amounts in an endowment trust to provide supportive services over such period of time as the agency determines. Such amounts shall be provided to the agency by the Secretary in a lump sum when requested by the agency, shall be invested in a wise and prudent manner, and shall be used (together with any interest thereon earned) only for eligible uses pursuant to paragraph (1)(L). A public housing agency may use amounts in an endowment trust under this paragraph in conjunction with other amounts donated or otherwise made available to the trust for similar purposes. “(e) Application and Selection.— “(1) Application.— An application for a grant under this section shall demonstrate the appropriateness of the proposal in the context of the local housing market relative to other alternatives, and shall include such other information and be submitted at such time and in accordance with such procedures, as the Secretary shall prescribe. “(2) Selection criteria.— The Secretary shall establish selection criteria for the award of grants under this section and shall include such factors as— “(A) the relationship of the grant to the public housing agency plan for the applicant and how the grant will result in a revitalized site that will enhance the neighborhood in which the project is located and enhance economic opportunities for residents; “(B) the capability and record of the applicant public housing agency, or any alternative management entity for the agency, for managing large-scale redevelopment or modernization projects, meeting construction timetables, and obligating amounts in a timely manner; “(C) the extent to which the applicant could undertake such activities without a grant under this section; “(D) the extent of involvement of residents, State and local governments, private service providers, financing entities, and developers, in the development of a revitalization program for the project; “(E) the need for affordable housing in the community; “(F) the supply of other housing available and affordable to families receiving tenant-based assistance under section 8; “(G) the amount of funds and other resources to be leveraged by the grant; “(H) the extent of the need for, and the potential impact of, the revitalization program; and “(I) such other factors as the Secretary considers appropriate. “(3) Applicability of selection criteria.— The Secretary may determine not to apply certain of the selection criteria established pursuant to paragraph
(2)when awarding grants for demolition only, tenant-based assistance only, or other specific categories of revitalization activities. This section may not be construed to require any application for a grant under 112 STAT. 2584this section to include demolition of public housing or to preclude use of grant amounts for rehabilitation or rebuilding of any housing on an existing site. “(f) Cost Limits.— Subject to the provisions of this section, the Secretary— “(1) shall establish cost limits on eligible activities under this section sufficient to provide for effective revitalization programs; and “(2) may establish other cost limits on eligible activities under this section. “(g) Disposition and Replacement.— Any severely distressed public housing disposed of pursuant to a revitalization plan and any public housing developed in lieu of such severely distressed housing, shall be subject to the provisions of section 18. Severely distressed public housing demolished pursuant to a revitalization plan shall not be subject to the provisions of section 18. “(h) Administration by Other Entities.— The Secretary may require a grantee under this section to make arrangements satisfactory to the Secretary for use of an entity other than the public housing agency to carry out activities assisted under the revitalization plan, if the Secretary determines that such action will help to effectuate the purposes of this section. “(i) Withdrawal of Funding.— If a grantee under this section does not proceed within a reasonable timeframe, in the determination of the Secretary, the Secretary shall withdraw any grant amounts under this section that have not been obligated by the public housing agency. The Secretary shall redistribute any withdrawn amounts to one or more other applicants eligible for assistance under this section or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the revitalization plan of the original grantee. “(j) Definitions.— For purposes of this section, the following definitions shall apply: “(1) Applicant.— The term ‘applicant’ means— “(A) any public housing agency that is not designated as troubled pursuant to section 6(j)(2); “(B) any public housing agency for which a private housing management agent has been selected, or a receiver has been appointed, pursuant to section 6(j)(3); and
(C)any public housing agency that is designated as troubled pursuant to section 6(j)(2) and that— “(i) is so designated principally for reasons that will not affect the capacity of the agency to carry out a revitalization program; “(ii) is making substantial progress toward eliminating the deficiencies of the agency; or “(iii) is otherwise determined by the Secretary to be capable of carrying out a revitalization program. “(2) Severely distressed public housing.— The term ‘severely distressed public housing’ means a public housing project (or building in a project)— “(A) that— “(i) requires major redesign, reconstruction or redevelopment, or partial or total demolition, to correct serious deficiencies in the original design (including inappropriately high population density), deferred maintenance, physical deterioration or obsolescence of 112 STAT. 2585major systems and other deficiencies in the physical plant of the project; “(ii) is a significant contributing factor to the physical decline of and disinvestment by public and private entities in the surrounding neighborhood; “(iii)
(I)is occupied predominantly by families who are very low-income families with children, are unemployed, and dependent on various forms of public assistance; or “(II) has high rates of vandalism and criminal activity (including drug-related criminal activity) in comparison to other housing in the area; “(iv) cannot be revitalized through assistance under other programs, such as the program for capital and operating assistance for public housing under this Act, or the programs under sections 9 and 14 of the United States Housing Act of 1937 (as in effect before the effective date under under section 503(a) the Quality Housing and Work Responsibility Act of 1998), because of cost constraints and inadequacy of available amounts; and “(v) in the case of individual buildings, is, in the Secretary’s determination, sufficiently separable from the remainder of the project of which the building is part to make use of the building feasible for purposes of this section; or “(B) that was a project described in subparagraph
(A)that has been legally vacated or demolished, but for which the Secretary has not yet provided replacement housing assistance (other than tenant-based assistance). “(3) Supportive services.— The term ‘supportive services’ includes all activities that will promote upward mobility, self- sufficiency, and improved quality of life for the residents of the public housing project involved, including literacy training, job training, day care, transportation, and economic development activities. “(k) Grantee Reporting.— The Secretary shall require grantees of assistance under this section to report the sources and uses of all amounts expended for revitalization plans. “(l) Annual Report.— The Secretary shall submit to the Congress an annual report setting forth— “(1) the number, type, and cost of public housing units revitalized pursuant to this section; “(2) the status of projects identified as severely distressed public housing; “(3) the amount and type of financial assistance provided under and in conjunction with this section; and “(4) the recommendations of the Secretary for statutory and regulatory improvements to the program established by this section. “(m) Funding.— “(1) Authorization of appropriations.— There are authorized to be appropriated for grants under this section $600,000,000 for fiscal year 1999 and such sums as may be necessary for each of fiscal years 2000, 2001, and 2002. “(2) Technical assistance and program oversight.— Of the amount appropriated pursuant to paragraph
(1)for 112 STAT. 2586any fiscal year, the Secretary may use up to 2 percent for technical assistance or contract expertise. Such assistance or contract expertise may be provided directly or indirectly by grants, contracts, or cooperative agreements, and shall include training, and the cost of necessary travel for participants in such training, by or to officials of the Department of Housing and Urban Development, of public housing agencies, and of residents. “(n) Sunset.— No assistance may be provided under this section after September 30, 2002.”. "
(b)[42 USC 1437v note](/us/usc/t42/s1437v). Applicability.— The amendment made by this section is made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 536. HOMEOWNERSHIP. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section:" “SEC. 32. [42 USC 1437z-4](/us/usc/t42/s1437z-4). RESIDENT HOMEOWNERSHIP PROGRAMS. “(a) In General.— A public housing agency may carry out a homeownership program in accordance with this section and the public housing agency plan of the agency to make public housing dwelling units, public housing projects, and other housing projects available for purchase by low-income families for use only as principal residences for such families. An agency may transfer a unit pursuant to a homeownership program only if the program is authorized under this section and approved by the Secretary. “(b) Participating Units.— A program under this section may cover any existing public housing dwelling units or projects, and may include other dwelling units and housing owned, assisted, or operated, or otherwise acquired for use under such program, by the public housing agency. “(c) Eligible Purchasers.— “(1) Low-income requirement.— Only low-income families assisted by a public housing agency, other low-income families, and entities formed to facilitate such sales by purchasing units for resale to low-income families shall be eligible to purchase housing under a homeownership program under this section. “(2) Other requirements.— A public housing agency may establish other requirements or limitations for families to purchase housing under a homeownership program under this section, including requirements or limitations regarding employment or participation in employment counseling or training activities, criminal activity, participation in homeownership counseling programs, evidence of regular income, and other requirements. In the case of purchase by an entity for resale to low-income families, the entity shall sell the units to low-income families within 5 years from the date of its acquisition of the units. The entity shall use any net proceeds from the resale and from managing the units, as determined in accordance with guidelines of the Secretary, for housing purposes, such as funding resident organizations and reserves for capital replacements. “(d) Right of First Refusal.— In making any sale under this section, the public housing agency shall initially offer the public housing unit at issue to the resident or residents occupying that 112 STAT. 2587unit, if any, or to an organization serving as a conduit for sales to any such resident. “(e) Protection of Nonpurchasing Residents.— If a public housing resident does not exercise the right of first refusal under subsection
(d)with respect to the public housing unit in which the resident resides, the public housing agency— “(1) shall notify the resident residing in the unit 90 days Notification.prior to the displacement date except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that— “(A) the public housing unit will be sold; “(B) the transfer of possession of the unit will occur until the resident is relocated; and “(C) each resident displaced by such action will be offered comparable housing— “(i) that meets housing quality standards; “(ii) that is located in an area that is generally not less desirable than the location of the displaced resident’s housing; and “(iii) which may include— “(I) tenant-based assistance, except that the requirement under this subclause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such resident into such housing; “(II) project-based assistance; or “(III) occupancy in a unit owned, operated, or assisted by the public housing agency at a rental rate paid by the resident that is comparable to the rental rate applicable to the unit from which the resident is vacated; “(2) shall provide for the payment of the actual and reasonable relocation expenses of the resident to be displaced; “(3) shall ensure that the displaced resident is offered comparable housing in accordance with the notice under paragraph (1); “(4) shall provide any necessary counseling for the displaced resident; and “(5) shall not transfer possession of the unit until the resident is relocated. “(f) Financing and Assistance.— A homeownership program under this section may provide financing for acquisition of housing by families purchasing under the program, or for acquisition of housing by the public housing agency for sale under the program, in any manner considered appropriate by the agency (including sale to a resident management corporation). “(g) Downpayment Requirement.— “(1) In general.— Each family purchasing housing under a homeownership program under this section shall be required to provide from its own resources a downpayment in connection with any loan for acquisition of the housing, in an amount determined by the public housing agency. Except as provided in paragraph (2), the agency shall permit the family to use grant amounts, gifts from relatives, contributions from private sources, and similar amounts as downpayment amounts in such purchase. 112 STAT. 2588 “(2) Direct family contribution.— In purchasing housing pursuant to this section, each family shall contribute an amount of the downpayment, from resources of the family other than grants, gifts, contributions, or other similar amounts referred to in paragraph (1), that is not less than 1 percent of the purchase price. “(h) Ownership Interests.— A homeownership program under this section may provide for sale to the purchasing family of any ownership interest that the public housing agency considers appropriate under the program, including ownership in fee simple, a condominium interest, an interest in a limited dividend cooperative, a shared appreciation interest with a public housing agency providing financing. “(i) Resale.— “(1) Authority and limitation.— A homeownership program under this section shall permit the resale of a dwelling unit purchased under the program by an eligible family, but shall provide such limitations on resale as the agency considers appropriate (whether the family purchases directly from the agency or from another entity) for the agency to recapture— “(A) some or all of the economic gain derived from any such resale occurring during the 5-year period beginning upon purchase of the dwelling unit by the eligible family; and “(B) after the expiration of such 5-year period, only such amounts as are equivalent to the assistance provided under this section by the agency to the purchaser. “(2) Considerations.— The limitations referred to in paragraph (1)(A) may provide for consideration of the aggregate amount of assistance provided under the program to the family, the contribution to equity provided by the purchasing eligible family, the period of time elapsed between purchase under the homeownership program and resale, the reason for resale, any improvements to the property made by the eligible family, any appreciation in the value of the property, and any other factors that the agency considers appropriate. “(j) Net Proceeds.— The net proceeds of any sales under a homeownership program under this section remaining after payment of all costs of the sale shall be used for purposes relating to low-income housing and in accordance with the public housing agency plan of the agency carrying out the program. “(k) Homeownership Assistance.— From amounts distributed to a public housing agency under the Capital Fund under section 9(d), or from other income earned by the public housing agency, the public housing agency may provide assistance to public housing residents to facilitate the ability of those residents to purchase a principal residence, including a residence other than a residence located in a public housing project. “(l) Inapplicability of Disposition Requirements.— The provisions of section 18 shall not apply to disposition of public housing dwelling units under a homeownership program under this section.”. " SEC. 537. REQUIRED CONVERSION OF DISTRESSED PUBLIC HOUSING TO TENANT-BASED ASSISTANCE.
(a)In General.— Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), as amended by the preceding 112 STAT. 2589provisions of this Act, is further amended by adding at the end the following new section:" “SEC. 33. REQUIRED CONVERSION OF DISTRESSED PUBLIC HOUSING [42 USC 1437z-5](/us/usc/t42/s1437z-5).TO TENANT-BASED ASSISTANCE. “(a) Identification of Units.— Each public housing agency shall identify all public housing projects of the public housing agency that meet all of the following requirements: “(1) The project is on the same or contiguous sites. “(2) The project is determined by the public housing agency Guidelines.to be distressed, which determination shall be made in accordance with guidelines established by the Secretary, which guidelines shall take into account the criteria established in the Final Report of the National Commission on Severely Distressed Public Housing (August 1992). “(3) The project— “(A) is identified as distressed housing under paragraph
(2)for which the public housing agency cannot assure the long-term viability as public housing through reasonable modernization expenses, density reduction, achievement of a broader range of family income, or other measures; or “(B) has an estimated cost, during the remaining useful life of the project, of continued operation and modernization as public housing that exceeds the estimated cost, during the remaining useful life of the project, of providing tenant-based assistance under section 8 for all families in occupancy, based on appropriate indicators of cost (such as the percentage of total development costs required for modernization). “(b) Consultation.— Each public housing agency shall consult with the appropriate public housing residents and the appropriate unit of general local government in identifying any public housing projects under subsection (a). “(c) Plan for Removal of Units From Inventories of PHA’s— “(1) Development.— Each public housing agency shall develop and carry out a 5-year plan in conjunction with the Secretary for the removal of public housing units identified under subsection
(a)from the inventory of the public housing agency and the annual contributions contract. “(2) Approval.— Each plan required under paragraph
(1)shall— “(A) be included as part of the public housing agency plan; “(B) be certified by the relevant local official to be in accordance with the comprehensive housing affordability strategy under title I of the Housing and Community Development Act of 1992; and “(C) include a description of any disposition and demolition plan for the public housing units. “(3) Extensions.— The Secretary may extend the 5-year deadline described in paragraph
(1)by not more than an additional 5 years if the Secretary makes a determination that the deadline is impracticable. “(4) Review by secretary.— 112 STAT. 2590 “(A) Failure to identify projects.— If the Secretary determines, based on a plan submitted under this subsection, that a public housing agency has failed to identify 1 or more public housing projects that the Secretary determines should have been identified under subsection (a), the Secretary may designate the public housing projects to be removed from the inventory of the public housing agency pursuant to this section. “(B) Erroneous identification of projects.— If the Secretary determines, based on a plan submitted under this subsection, that a public housing agency has identified 1 or more public housing projects that should not have been identified pursuant to subsection (a), the Secretary shall— “(i) require the public housing agency to revise the plan of the public housing agency under this subsection; and “(ii) prohibit the removal of any such public housing project from the inventory of the public housing agency under this section. “(d) Conversion to Tenant-Based Assistance.— “(1) In general.— To the extent approved in advance in appropriations Acts, the Secretary shall make budget authority available to a public housing agency to provide assistance under this Act to families residing in any public housing project that, pursuant to this section, is removed from the inventory of the agency and the annual contributions contract of the agency. “(2) Conversion requirements.— Each agency carrying out a plan under subsection
(c)for removal of public housing dwelling units from the inventory of the agency shall— “(A) Notification. notify each family residing in a public housing project to be converted under the plan 90 days prior to the displacement date, except in cases of imminent threat to health or safety, consistent with any guidelines issued by the Secretary governing such notifications, that— “(i) the public housing project will be removed from the inventory of the public housing agency; and “(ii) each family displaced by such action will be offered comparable housing— “(I) that meets housing quality standards; and “(II) which may include— “(aa) tenant-based assistance, except that the requirement under this clause regarding offering of comparable housing shall be fulfilled by use of tenant-based assistance only upon the relocation of such family into such housing; “(bb) project-based assistance; or “(cc) occupancy in a unit operated or assisted by the public housing agency at a rental rate paid by the family that is comparable to the rental rate applicable to the unit from which the family is vacated. “(B) provide any necessary counseling for families displaced by such action; 112 STAT. 2591 “(C) ensure that, if the project (or portion) converted is used as housing after such conversion, each resident may choose to remain in their dwelling unit in the project and use the tenant-based assistance toward rent for that unit; “(D) ensure that each displaced resident is offered comparable housing in accordance with the notice under subparagraph (A); and “(E) provide any actual and reasonable relocation expenses for families displaced by such action. “(e) Cessation of Unnecessary Spending.— Notwithstanding any other provision of law, if, in the determination of the Secretary, a project or projects of a public housing agency meet or are likely to meet the criteria set forth in subsection (a), the Secretary may direct the agency to cease additional spending in connection with such project or projects until the Secretary determines or approves an appropriate course of action with respect to such project or projects under this section, except to the extent that failure to expend such amounts would endanger the health or safety of residents in the project or projects. “(f) Use of Budget Authority.— Notwithstanding any other provision of law, if a project or projects are identified pursuant to subsection (a), the Secretary may authorize or direct the transfer, to the tenant-based assistance program of such agency or to appropriate site revitalization or other capital improvements approved by the Secretary, of— “(1) in the case of an agency receiving assistance under the comprehensive improvement assistance program, any amounts obligated by the Secretary for the modernization of such project or projects pursuant to section 14 of the United States Housing Act of 1937 (as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998); “(2) in the case of an agency receiving public housing modernization assistance by formula pursuant to such section 14, any amounts provided to the agency which are attributable pursuant to the formula for allocating such assistance to such project or projects; “(3) in the case of an agency receiving assistance for the major reconstruction of obsolete projects, any amounts obligated by the Secretary for the major reconstruction of such project or projects pursuant to section 5(j)(2) of the United States Housing Act of 1937, as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998; and “(4) in the case of an agency receiving assistance pursuant to the formulas under section 9, any amounts provided to the agency which are attributable pursuant to the formulas for allocating such assistance to such project or projects. “(g) Removal by Secretary.— The Secretary shall take appropriate actions to ensure removal of any public housing project identified under subsection
(a)from the inventory of a public housing agency, if the public housing agency fails to adequately develop a plan under subsection
(c)with respect to that project, or fails to adequately implement such plan in accordance with the terms of the plan. “(h) Administration.— 112 STAT. 2592 “(1) In general.— The Secretary may require a public housing agency to provide to the Secretary or to public housing residents such information as the Secretary considers to be necessary for the administration of this section. “(2) Applicability of section 18.— Section 18 shall not apply to the demolition of public housing projects removed from the inventory of the public housing agency under this section.”. "
(b)Conforming Amendment.— Section 202 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 14371 note) is repealed.
(c)[42 USC 1437z-5 note](/us/usc/t42/s1437z-5). Transition.—
(1)Use of amounts.— Any amounts made available to a public housing agency to carry out section 202 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (enacted as section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134; 110 Stat. 1321–279)) may be used, to the extent or in such amounts as are or have been provided in advance in appropriation Acts, to carry out section 33 of the United States Housing Act of 1937 (as added by subsection
(a)of this section).
(2)Applicability. Savings provision.— Notwithstanding the amendments made by this section, section 202 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 14371 note) and any regulations implementing such section, as in effect immediately before the enactment of this Act, shall continue to apply to public housing developments identified by the Secretary or a public housing agency for conversion pursuant to that section or for assessment of whether such conversion is required prior to enactment of this Act. SEC. 538. LINKING SERVICES TO PUBLIC HOUSING RESIDENTS.
(a)In General.— Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section:" “SEC. 34. [42 USC 1437z-6](/us/usc/t42/s1437z-6). SERVICES FOR PUBLIC HOUSING RESIDENTS. “(a) In General.— To the extent that amounts are provided in advance in appropriations Acts, the Secretary may make grants to public housing agencies on behalf of public housing residents, or directly to resident management corporations, resident councils, or resident organizations (including nonprofit entities supported by residents), for the purposes of providing a program of supportive services and resident empowerment activities to provide supportive services to public housing residents or assist such residents in becoming economically self-sufficient. “(b) Eligible Activities.— Grantees under this section may use such amounts only for activities on or near the property of the public housing agency or public housing project that are designed to promote the self-sufficiency of public housing residents or provide supportive services for such residents, including activities relating to— “(1) physical improvements to a public housing project in order to provide space for supportive services for residents; 112 STAT. 2593 “(2) the provision of service coordinators or a congregate housing services program for elderly individuals, elderly disabled individuals, nonelderly disabled individuals, or temporarily disabled individuals; “(3) the provision of services related to work readiness, including education, job training and counseling, job search skills, business development training and planning, tutoring, mentoring, adult literacy, computer access, personal and family counseling, health screening, work readiness health services, transportation, and child care; “(4) economic and job development, including employer linkages and job placement, and the start-up of resident microenterprises, community credit unions, and revolving loan funds, including the licensing, bonding, and insurance needed to operate such enterprises; “(5) resident management activities and resident participation activities; and “(6) other activities designed to improve the economic self-sufficiency of residents. “(c) Funding Distribution.— “(1) In general.— Except for amounts provided under subsection (d), the Secretary may distribute amounts made available under this section on the basis of a competition or a formula, as appropriate. “(2) Factors for distribution.— Factors for distribution under paragraph
(1)shall include— “(A) the demonstrated capacity of the applicant to carry out a program of supportive services or resident empowerment activities; “(B) the ability of the applicant to leverage additional resources for the provision of services; and “(C) the extent to which the grant will result in a high quality program of supportive services or resident empowerment activities. “(d) Matching Requirement.— The Secretary may not make any grant under this section to any applicant unless the applicant supplements amounts made available under this section with funds from sources other than this section in an amount equal to not less than 25 percent of the grant amount. Such supplemental amounts may include— “(1) funds from other Federal sources; “(2) funds from any State or local government sources; “(3) funds from private contributions; and “(4) the value of any in-kind services or administrative costs provided to the applicant. “(e) Funding for Resident Organizations.— To the extent that there are a sufficient number of qualified applications for assistance under this section, not less than 25 percent of any amounts appropriated to carry out this section shall be provided directly to resident councils, resident organizations, and resident management corporations. In any case in which a resident council, resident organization, or resident management corporation lacks adequate expertise, the Secretary may require the council, organization, or corporation to utilize other qualified organizations as contract administrators with respect to financial assistance provided under this section. ”". 112 STAT. 2594
(b)Deadline. Assessment and Report by Secretary.— Not later than 3 years after the date of the enactment of the Quality Housing and Work Responsibility Act of 1998, the Secretary of Housing and Urban Development shall—
(1)conduct an evaluation and assessment of grants carried out by resident organizations, and particularly of the effect of the grants on living conditions in public housing; and
(2)submit to the Congress a report setting forth the findings of the Secretary as a result of the evaluation and assessment and including any recommendations the Secretary determines to be appropriate. Effective date.This subsection shall take effect on the date of the enactment of this Act. SEC. 539. MIXED-FINANCE PUBLIC HOUSING. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new section:" “SEC. 35. [42 USC 1437z-7](/us/usc/t42/s1437z-7). MIXED FINANCE PUBLIC HOUSING. “(a) Authority.— A public housing agency may own, operate, assist, or otherwise participate in 1 or more mixed-finance projects in accordance with this section. “(b) Assistance.— “(1) Forms.— A public housing agency may provide to a mixed-finance project assistance from the Operating Fund under section 9, assistance from the Capital Fund under such section, or both forms of assistance. A public housing agency may, in accordance with regulations established by the Secretary, provide capital assistance to a mixed-finance project in the form of a grant, loan, guarantee, or other form of investment in the project, which may involve drawdown of funds on a schedule commensurate with construction draws for deposit into an interest-bearing escrow account to serve as collateral or credit enhancement for bonds issued by a public agency, or for other forms of public or private borrowings, for the construction or rehabilitation of the development. “(2) Use.— To the extent deemed appropriate by the Secretary, assistance used in connection with the costs associated with the operation and management of mixed-finance projects may be used for funding of an operating reserve to ensure affordability for low-income and very low-income families in lieu of the availability of operating funds for public housing units in a mixed-finance project. “(c) Compliance With Public Housing Requirements.— The units assisted with capital or operating assistance in a mixed- finance project shall be developed, operated, and maintained in accordance with the requirements of this Act relating to public housing during the period required by under this Act, unless otherwise specified in this section. For purposes of this Act, any reference to public housing owned or operated by a public housing agency shall include dwelling units in a mixed finance project that are assisted by the agency with capital or operating assistance. “(d) Mixed-Finance Projects.— “(1) In general.— For purposes of this section, the term ‘mixed-finance project’ means a project that meets the requirements of paragraph
(2)and is financially assisted by private 112 STAT. 2595resources, which may include low-income housing tax credits, in addition to amounts provided under this Act. “(2) Types of projects.— The term includes a project that is developed— “(A) by a public housing agency or by an entity affiliated with a public housing agency; “(B) by a partnership, a limited liability company, or other entity in which the public housing agency (or an entity affiliated with a public housing agency) is a general partner, managing member, or otherwise participates in the activities of that entity; “(C) by any entity that grants to the public housing agency the right of first refusal and first option to purchase, after the close of the compliance period, of the qualified low-income building in which the public housing units exist in accordance with section 42(i)(7) of the Internal Revenue Code of 1986; or “(D) in accordance with such other terms and conditions as the Secretary may prescribe by regulation. “(e) Structure of Projects.— Each mixed-finance project shall be developed— “(1) in a manner that ensures that public housing units are made available in the project, by regulatory and operating agreement, master contract, individual lease, condominium or cooperative agreement, or equity interest; “(2) in a manner that ensures that the number of public housing units bears approximately the same proportion to the total number of units in the mixed-finance project as the value of the total financial commitment provided by the public housing agency bears to the value of the total financial commitment in the project, or shall not be less than the number of units that could have been developed under the conventional public housing program with the assistance, or as may otherwise be approved by the Secretary; and “(3) in accordance with such other requirements as the Secretary may prescribe by regulation. “(f) Taxation.— “(1) In general.— A public housing agency may elect to exempt all public housing units in a mixed-finance project— “(A) from the provisions of section 6(d), and instead subject such units to local real estate taxes; and “(B) from the finding of need and cooperative agreement provisions under section 5(e)(1)(ii) and 5(e)(2), but only if the development of the units is not inconsistent with the jurisdiction’s comprehensive housing affordability strategy. “(2) Low-income housing tax credit.— With respect to any unit in a mixed-finance project that is assisted pursuant to the low-income housing tax credit under section 42 of the Internal Revenue Code of 1986, the rents charged to the residents may be set at levels not to exceed the amounts allowable under that section, provided that such levels for public housing residents do not exceed the amounts allowable under section 3. “(g) Use of Savings.— Notwithstanding any other provision of this Act, to the extent deemed appropriate by the Secretary, 112 STAT. 2596to facilitate the establishment of socioeconomically mixed communities, a public housing agency that uses assistance from the Capital Fund for a mixed-finance project, to the extent that income from such a project reduces the amount of assistance used for operating or other costs relating to public housing, may use such resulting savings to rent privately developed dwelling units in the neighborhood of the mixed-finance project. Such units shall be made available for occupancy only by low-income families eligible for residency in public housing. “(h) Effect of Certain Contract Terms.— If an entity that owns or operates a mixed-finance project, that includes a significant number of units other than public housing units enters into a contract with a public housing agency, the terms of which obligate the entity to operate and maintain a specified number of units in the project as public housing units in accordance with the requirements of this Act for the period required by law, such contractual terms may provide that, if, as a result of a reduction in appropriations under section 9 or any other change in applicable law, the public housing agency is unable to fulfill its contractual obligations with respect to those public housing units, that entity may deviate, under procedures and requirements developed through regulations by the Secretary, from otherwise applicable restrictions under this Act regarding rents, income eligibility, and other areas of public housing management with respect to a portion or all of those public housing units, to the extent necessary to preserve the viability of those units while maintaining the low-income character of the units to the maximum extent practicable.”. "
(b)[42 USC 1437z-7 note](/us/usc/t42/s1437z-7). Regulations.— The Secretary shall issue such regulations as may be necessary to promote the development of mixed-finance projects, as that term is defined in section 3(b) of the United States Housing Act of 1937 (as amended by this Act). Subtitle C— Section 8 Rental and Homeownership Assistance SEC. 545. MERGER OF CERTIFICATE AND VOUCHER PROGRAMS.
(a)In General.— Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended to read as follows:" “(o) Voucher Program.— “(1) Authority.— “(A) In general.— The Secretary may provide assistance to public housing agencies for tenant-based assistance using a payment standard established in accordance with subparagraph (B). The payment standard shall be used to determine the monthly assistance that may be paid for any family, as provided in paragraph (2). “(B) Establishment of payment standard.— Except as provided under subparagraph (D), the payment standard for each size of dwelling unit in a market area shall not exceed 110 percent of the fair market rental established under subsection
(c)for the same size of dwelling unit in the same market area and shall be not less than 90 percent of that fair market rental. “(C) Set-aside.— The Secretary may set aside not more than 5 percent of the budget authority made available for assistance under this subsection as an adjustment pool. 112 STAT. 2597The Secretary shall use amounts in the adjustment pool to make adjusted payments to public housing agencies under subparagraph (A), to ensure continued affordability, if the Secretary determines that additional assistance for such purpose is necessary, based on documentation submitted by a public housing agency. “(D) Approval.— The Secretary may require a public housing agency to submit the payment standard of the public housing agency to the Secretary for approval, if the payment standard is less than 90 percent of the fair market rental or exceeds 110 percent of the fair market rental. “(E) Review.— The Secretary— “(i) shall monitor rent burdens and review any payment standard that results in a significant percentage of the families occupying units of any size paying more than 30 percent of adjusted income for rent; and “(ii) may require a public housing agency to modify the payment standard of the public housing agency based on the results of that review. “(2) Amount of monthly assistance payment.— Subject to the requirement under section 3(a)(3) (relating to minimum rental amount), the monthly assistance payment for a family receiving assistance under this subsection shall be determined as follows: “(A) Tenant-based assistance; rent not exceeding payment standard.— For a family receiving tenant-based assistance, if the rent for the family (including the amount allowed for tenant-paid utilities) does not exceed the applicable payment standard established under paragraph (1), the monthly assistance payment for the family shall be equal to the amount by which the rent (including the amount allowed for tenant-paid utilities) exceeds the greatest of the following amounts, rounded to the nearest dollar: “(i) 30 percent of the monthly adjusted income of the family. “(ii) 10 percent of the monthly income of the family. “(iii) If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the actual housing costs of the family, is specifically designated by that agency to meet the housing costs of the family, the portion of those payments that is so designated. “(B) Tenant-based assistance; rent exceeding payment standard.— For a family receiving tenant-based assistance, if the rent for the family (including the amount allowed for tenant-paid utilities) exceeds the applicable payment standard established under paragraph (1), the monthly assistance payment for the family shall be equal to the amount by which the applicable payment standard exceeds the greatest of amounts under clauses (i), (ii), and
(iii)of subparagraph (A). “(C) Families receiving project-based assistance— For a family receiving project-based assistance, the rent that the family is required to pay shall be determined in accordance with section 3(a)(1), and the amount of the 112 STAT. 2598housing assistance payment shall be determined in accordance with subsection (c)(3) of this section. “(3) 40 Percent limit.— At the time a family initially receives tenant-based assistance under this section with respect to any dwelling unit, the total amount that a family may be required to pay for rent may not exceed 40 percent of the monthly adjusted income of the family. “(4) Eligible families.— To be eligible to receive assistance under this subsection, a family shall, at the time a family initially receives assistance under this subsection, be a low-income family that is— “(A) a very low-income family; “(B) a family previously assisted under this title; “(C) a low-income family that meets eligibility criteria specified by the public housing agency; “(D) a family that qualifies to receive a voucher in connection with a homeownership program approved under title IV of the Cranston-Gonzalez National Affordable Housing Act; or “(E) a family that qualifies to receive a voucher under section 223 or 226 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990. “(5) Annual review of family income.— “(A) In general.— Reviews of family incomes for purposes of this section shall be subject to the provisions of section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 and shall be conducted upon the initial provision of housing assistance for the family and thereafter not less than annually. “(B) Procedures.— Each public housing agency administering assistance under this subsection shall establish procedures that are appropriate and necessary to ensure that income data provided to the agency and owners by families applying for or receiving assistance from the agency is complete and accurate. Each public housing agency shall, not less frequently than annually, conduct a review of the family income of each family receiving assistance under this subsection. “(6) Selection of families and disapproval of owners.— “(A) Preferences.— “(i) Authority to establish.—Each public housing agency may establish a system for making tenant-based assistance under this subsection available on behalf of eligible families that provides preference for such assistance to eligible families having certain characteristics, which may include a preference for families residing in public housing who are victims of a crime of violence (as such term is defined in section 16 of title 18, United States Code) that has been reported to an appropriate law enforcement agency. “(ii) Content.—Each system of preferences established pursuant to this subparagraph shall be based upon local housing needs and priorities, as determined by the public housing agency using generally accepted data sources, including any information obtained 112 STAT. 2599pursuant to an opportunity for public comment as provided under section 5A(f) and under the requirements applicable to the comprehensive housing affordability strategy for the relevant jurisdiction. “(B) Selection of tenants.— Each housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit) shall provide that the screening and selection of families for those units shall be the function of the owner. In addition, the public housing agency may elect to screen applicants for the program in accordance with such requirements as the Secretary may establish. “(C) PHA disapproval of owners.— In addition to other grounds authorized by the Secretary, a public housing agency may elect not to enter into a housing assistance payments contract under this subsection with an owner who refuses, or has a history of refusing, to take action to terminate tenancy for activity engaged in by the tenant, any member of the tenant’s household, any guest, or any other person under the control of any member of the household that— “(i) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other tenants or employees of the public housing agency, owner, or other manager of the housing; “(ii) threatens the health or safety of, or right to peaceful enjoyment of the residences by, persons residing in the immediate vicinity of the premises; or “(iii) is drug-related or violent criminal activity. “(7) Leases and tenancy.— Each housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit— “(A) shall provide that the lease between the tenant and the owner shall be for a term of not less than 1 year, except that the public housing agency may approve a shorter term for an initial lease between the tenant and the dwelling unit owner if the public housing agency determines that such shorter term would improve housing opportunities for the tenant and if such shorter term is considered to be a prevailing local market practice; “(B) shall provide that the dwelling unit owner shall offer leases to tenants assisted under this subsection that— “(i) are in a standard form used in the locality by the dwelling unit owner; and “(ii) contain terms and conditions that— “(I) are consistent with State and local law; and “(II) apply generally to tenants in the property who are not assisted under this section; “(C) shall provide that during the term of the lease, the owner shall not terminate the tenancy except for serious or repeated violation of the terms and conditions of the lease, for violation of applicable Federal, State, or local law, or for other good cause; “(D) shall provide that during the term of the lease, any criminal activity that threatens the health, safety, 112 STAT. 2600or right to peaceful enjoyment of the premises by other tenants, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises, or any violent or drug-related criminal activity on or near such premises, engaged in by a tenant of any unit, any member of the tenant’s household, or any guest or other person under the tenant’s control, shall be cause for termination of tenancy; “(E) shall provide that any termination of tenancy under this subsection shall be preceded by the provision of written notice by the owner to the tenant specifying the grounds for that action, and any relief shall be consistent with applicable State and local law; and “(F) may include any addenda required by the Secretary to set forth the provisions of this subsection. “(8) Inspection of units by pha’s.— “(A) In general.— Except as provided in paragraph (11), for each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency shall inspect the unit before any assistance payment is made to determine whether the dwelling unit meets the housing quality standards under subparagraph (B). “(B) Housing quality standards.— The housing quality standards under this subparagraph are standards for safe and habitable housing established— “(i) by the Secretary for purposes of this subsection; or “(ii) by local housing codes or by codes adopted by public housing agencies that— “(I) meet or exceed housing quality standards, except that the Secretary may waive the requirement under this subclause to significantly increase access to affordable housing and to expand housing opportunities for families assisted under this subsection, except where such waiver could adversely affect the health or safety of families assisted under this subsection; and “(II) do not severely restrict housing choice “(C) Inspection.— The determination required under subparagraph
(A)shall be made by the public housing agency (or other entity, as provided in paragraph (11)) pursuant to an inspection of the dwelling unit conducted before any assistance payment is made for the unit. Inspections of dwelling units under this subparagraph shall be made before the expiration of the 15-day period beginning upon a request by the resident or landlord to the public housing agency or, in the case of any public housing agency that provides assistance under this subsection on behalf of more than 1250 families, before the expiration of a reasonable period beginning upon such request. The performance of the agency in meeting the 15-day inspection deadline shall be taken into consideration in assessing the performance of the agency. “(D) Annual inspections.— Each public housing agency providing assistance under this subsection (or other 112 STAT. 2601entity, as provided in paragraph (11)) shall make an annual inspection of each assisted dwelling unit during the term of the housing assistance payments contract for the unit to determine whether the unit is maintained in accordance with the requirements under subparagraph (A). The agency Records.(or other entity) shall retain the records of the inspection for a reasonable time and shall make the records available upon request to the Secretary, the Inspector General for the Department of Housing and Urban Development, and any audit or conducting an audit under section 5(h). “(E) Inspection guidelines.— The Secretary shall establish procedural guidelines and performance standards to facilitate inspections of dwelling units and conform such inspections with practices utilized in the private housing market. Such guidelines and standards shall take into consideration variations in local laws and practices of public housing agencies and shall provide flexibility to authorities appropriate to facilitate efficient provision of assistance under this subsection. “(9) Vacated units.— If an assisted family vacates a dwelling unit for which rental assistance is provided under a housing assistance payment contract before the expiration of the term of the lease for the unit, rental assistance pursuant to such contract may not be provided for the unit after the month during which the unit was vacated. “(10) Rent.— “(A) Reasonableness.— The rent for dwelling units for which a housing assistance payment contract is established under this subsection shall be reasonable in comparison with rents charged for comparable dwelling units in the private, unassisted local market. “(B) Negotiations.— A public housing agency (or other entity, as provided in paragraph (11)) shall, at the request of a family receiving tenant-based assistance under this subsection, assist that family in negotiating a reasonable rent with a dwelling unit owner. A public housing agency (or such other entity) shall review the rent for a unit under consideration by the family (and all rent increases for units under lease by the family) to determine whether the rent (or rent increase) requested by the owner is reasonable. If a public housing agency (or other such entity) determines that the rent (or rent increase) for a dwelling unit is not reasonable, the public housing agency (or other such entity) shall not make housing assistance payments to the owner under this subsection with respect to that unit. “(C) Units exempt from local rent control.— If a dwelling unit for which a housing assistance payment contract is established under this subsection is exempt from local rent control provisions during the term of that contract, the rent for that unit shall be reasonable in comparison with other units in the market area that are exempt from local rent control provisions. “(D) Timely payments.— Each public housing agency shall make timely payment of any amounts due to a dwelling unit owner under this subsection. The housing assistance payment contract between the owner and the public 112 STAT. 2602housing agency may provide for penalties for the late payment of amounts due under the contract, which shall be imposed on the public housing agency in accordance with generally accepted practices in the local housing market. “(E) Penalties.— Unless otherwise authorized by the Secretary, each public housing agency shall pay any penalties from administrative fees collected by the public housing agency, except that no penalty shall be imposed if the late payment is due to factors that the Secretary determines are beyond the control of the public housing agency. “(11) Leasing of units owned by pha.— If an eligible family assisted under this subsection leases a dwelling unit (other than a public housing dwelling unit) that is owned by a public housing agency administering assistance under this subsection, the Secretary shall require the unit of general local government or another entity approved by the Secretary, to make inspections required under paragraph
(8)and rent determinations required under paragraph (10). The agency shall be responsible for any expenses of such inspections and determinations. “(12) Assistance for rental of manufactured housing.— “(A) In general— A public housing agency may make assistance payments in accordance with this subsection on behalf of a family that utilizes a manufactured home as a principal place of residence. Such payments may be made only for the rental of the real property on which the manufactured home owned by any such family is located. “(B) Rent calculation.— “(i) Charges included.—For assistance pursuant to this paragraph, the rent for the space on which a manufactured home is located and with respect to which assistance payments are to be made shall include maintenance and management charges and tenant-paid utilities. “(ii) Payment standard.—The public housing agency shall establish a payment standard for the purpose of determining the monthly assistance that may be paid for any family under this paragraph. The payment standard may not exceed an amount approved or established by the Secretary. “(iii) Monthly assistance payment.—The monthly assistance payment for a family assisted under this paragraph shall be determined in accordance with paragraph (2). “(13) PHA project-based assistance.— “(A) In general.— If the Secretary enters into an annual contributions contract under this subsection with a public housing agency pursuant to which the public housing agency will enter into a housing assistance payment contract with respect to an existing structure under this subsection— “(i) the housing assistance payment contract may not be attached to the structure unless the owner agrees to rehabilitate or newly construct the structure 112 STAT. 2603other than with assistance under this Act, and otherwise complies with this section; and “(ii) the public housing agency may approve a housing assistance payment contract for such existing structures for not more than 15 percent of the funding available for tenant-based assistance administered by the public housing agency under this section. “(B) Extension of contract term.— In the case of a housing assistance payment contract that applies to a structure under this paragraph, a public housing agency may enter into a contract with the owner, contingent upon the future availability of appropriated funds for the purpose of renewing expiring contracts for assistance payments, as provided in appropriations Acts, to extend the term of the underlying housing assistance payment contract for such period as the Secretary determines to be appropriate to achieve long-term affordability of the housing. The contract shall obligate the owner to have such extensions of the underlying housing assistance payment contract accepted by the owner and the successors in interest of the owner. “(C) Rent calculation.— For project-based assistance under this paragraph, housing assistance payment contracts shall establish rents and provide for rent adjustments in accordance with subsection (c). “(D) Adjusted rents.— With respect to rents adjusted under this paragraph— “(i) the adjusted rent for any unit shall be reasonable in comparison with rents charged for comparable dwelling units in the private, unassisted, local market; and “(ii) the provisions of subsection (c)(2)(C) shall not apply. “(14) Inapplicability to tenant-based assistance.— Subsection
(c)shall not apply to tenant-based assistance under this subsection. “(15) Homeownership option.— “(A) In general.— A public housing agency providing assistance under this subsection may, at the option of the agency, provide assistance for homeownership under subsection (y). “(B) Alternative administration.— A public housing agency may contract with a nonprofit organization to administer a homeownership program under subsection (y). “(16) Rental vouchers for relocation of witnesses and victims of crime— “(A) Witnesses.— Of amounts made available for assistance under this subsection in each fiscal year, the Secretary, in consultation with the Inspector General, shall make available such sums as may be necessary for the relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to requests from law enforcement or prosecution agencies. “(B) Victims of crime.— “(i) In general.—Of amounts made available for assistance under this section in each fiscal year, the Secretary shall make available such sums as may be 112 STAT. 2604necessary for the relocation of families residing in public housing who are victims of a crime of violence (as that term is defined in section 16 of title 18, United States Code) that has been reported to an appropriate law enforcement agency. “(ii) Notice.— A public housing agency that receives amounts under this subparagraph shall establish procedures for providing notice of the availability of that assistance to families that may be eligible for that assistance. “(17) Deed restrictions.— Assistance under this subsection may not be used in any manner that abrogates any local deed restriction that applies to any housing consisting of 1 to 4 dwelling units. This paragraph may not be construed to affect the provisions or applicability of the Fair Housing Act.”. "
(b)Conforming Amendment.— Section 8(f)(6) of the United States Housing Act (42 U.S.C. 1437f(f)(6)) is amended by inserting “or (o)(13)” after “(d)(2)”.
(c)[42 USC 1437f note](/us/usc/t42/s1437f). Applicability.— Notwithstanding the amendment made by subsection
(a)of this section, any amendments to section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) that are contained in title II of this Act shall apply with respect to the provision of assistance under such section during the period before implementation (pursuant to section 559 of this title) of such section 8(o) as amended by subsection
(a)of this section. SEC. 546. PUBLIC HOUSING AGENCIES. Section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)) is amended to read as follows:" “(6) Public housing agency.— “(A) In general.— Except as provided in subparagraph(B), the term ‘public housing agency’ means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of public housing. “(B) Section 8 program.— For purposes of the program for tenant-based assistance under section 8, such term includes— “(i) a consortia of public housing agencies that the Secretary determines has the capacity and capability to administer a program for assistance under such section in an efficient manner; “(ii) any other public or private nonprofit entity that, upon the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, was administering any program for tenant-based assistance under section 8 of this Act (as in effect before the effective date of such Act), pursuant to a contract with the Secretary or a public housing agency; and “(iii) with respect to any area in which no public housing agency has been organized or where the Secretary determines that a public housing agency is unwilling or unable to implement a program for tenant-based assistance section 8, or is not performing effectively— 112 STAT. 2605 “(I) the Secretary or another public or private non-profit entity that by contract agrees to receive assistance amounts under section 8 and enter into housing assistance payments contracts with owners and perform the other functions of public housing agency under section 8; or “(II) notwithstanding any provision of State or local law, a public housing agency for another area that contracts with the Secretary to administer a program for housing assistance under section 8, without regard to any otherwise applicable limitations on its area of operation.”. " SEC. 547. ADMINISTRATIVE FEES. Subsection
(q)of section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended to read as follows:" “(q) Administrative Fees.— “(1) Fee for ongoing costs of administration.— “(A) In general.— The Secretary shall establish fees for the costs of administering the tenant-based assistance, certificate, voucher, and moderate rehabilitation programs under this section. “(B) Fiscal year 1999.— “(i) Calculation.— For fiscal year 1999, the fee for each month for which a dwelling unit is covered by an assistance contract shall be— “(I) in the case of a public housing agency that, on an annual basis, is administering a program for not more than 600 dwelling units, 7.65 percent of the base amount; and “(II) in the case of an agency that, on an annual basis, is administering a program for more than 600 dwelling units
(aa)for the first 600 units, 7.65 percent of the base amount, and
(bb)for any additional dwelling units under the program, 7.0 percent of the base amount. “(ii) Base amount.— For purposes of this subparagraph, the base amount shall be the higher of— “(I) the fair market rental established under section 8(c) of this Act (as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998) for fiscal year 1993 for a 2-bedroom existing rental dwelling unit in the market area of the agency, and “(II) the amount that is the lesser of
(aa)such fair market rental for fiscal year 1994, or (bb)103.5 percent of the amount determined under clause (i), adjusted based on changes in wage data or other objectively measurable data that reflect the costs of administering the program, as determined by the Secretary. The Secretary may require that the base amount be not less than a minimum amount and not more than a maximum amount. “(C) Subsequent fiscal years.— For subsequent fiscal Federal Register, publication.Notice.years, the Secretary shall publish a notice in the Federal 112 STAT. 2606Register, for each geographic area, establishing the amount of the fee that would apply for public housing agencies administering the program, based on changes in wage data or other objectively measurable data that reflect the costs of administering the program, as determined by the Secretary. “(D) Increase.— The Secretary may increase the fee if necessary to reflect the higher costs of administering small programs and programs operating over large geographic areas. “(E) Decrease.— The Secretary may decrease the fee for units owned by a public housing agency to reflect reasonable costs of administration. “(2) Fee for preliminary expenses.— The Secretary shall also establish reasonable fees (as determined by the Secretary) for— “(A) the costs of preliminary expenses, in the amount of $500, for a public housing agency, except that such fee shall apply to an agency only in the first year that the agency administers a tenant-based assistance program under this section, and only if, immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, the agency was not administering a tenant-based assistance program under the United States Housing Act of 1937 (as in effect immediately before such effective date), in connection with its initial increment of assistance received; “(B) the costs incurred in assisting families who experience difficulty (as determined by the Secretary) in obtaining appropriate housing under the programs; and “(C) extraordinary costs approved by the Secretary. “(3) Transfer of fees in cases of concurrent geographical jurisdiction.— In each fiscal year, if any public housing agency provides tenant-based assistance under this section on behalf of a family who uses such assistance for a dwelling unit that is located within the jurisdiction of such agency but is also within the jurisdiction of another public housing agency, the Secretary shall take such steps as may be necessary to ensure that the public housing agency that provides the services for a family receives all or part of the administrative fee under this section (as appropriate). “(4) Applicability.— This subsection shall apply to fiscal year 1999 and fiscal years thereafter.”. " SEC. 548. LAW ENFORCEMENT AND SECURITY PERSONNEL IN ASSISTED HOUSING. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended—
(1)by transferring and inserting subsection
(z)after subsection
(y)(and before subsection (aa)); and
(2)by adding at the end the following new subsection:" “(cc) Law Enforcement and Security Personnel.— “(1) In general.— Notwithstanding any other provision of this Act, in the case of assistance attached to a structure, for the purpose of increasing security for the residents of a project, an owner may admit, and assistance under this section 112 STAT. 2607may be provided to, police officers and other security personnel who are not otherwise eligible for assistance under the Act. “(2) Rent requirements.— With respect to any assistance provided by an owner under this subsection, the Secretary may— “(A) permit the owner to establish such rent requirements and other terms and conditions of occupancy that the Secretary considers to be appropriate; and “(B) require the owner to submit an application for those rent requirements, which application shall include such information as the Secretary, in the discretion of the Secretary, determines to be necessary. “(3) Applicability.— This subsection shall apply to fiscal year 1999 and fiscal years thereafter.”. " SEC. 549. ADVANCE NOTICE TO TENANTS OF EXPIRATION, TERMINATION, OR OWNER NONRENEWAL OF ASSISTANCE CONTRACT.
(a)Permanent Applicability of Notice and Endless Lease Provisions.—
(1)Notice.— Section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) is amended—
(A)by striking paragraphs
(8)and (10); and
(B)in paragraph (9), by striking the first sentence and inserting the following new sentence: “Not less than one year before terminating any contract under which assistance payments are received under this section, other than a contract for tenant-based assistance under this section, an owner shall provide written notice to the Secretary and the tenants involved of the proposed termination, specifying the reasons for the termination with sufficient detail to enable the Secretary to evaluate whether the termination is lawful and whether there are additional actions that can be taken by the Secretary to avoid the termination.”.
(2)Endless Lease.— Section 8(d)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended—
(A)in clause
(ii)by striking “(ii)” and all that follows through ”the owner” and inserting “(ii) during the term of the lease, the owner”; and
(B)in clause (iii), by striking “(iii)” and all that follows through “any criminal activity” the first place it appears and inserting “(iii) during the term of the lease, any criminal activity”.
(3)Permanent effectiveness of amendments.— [42 USC 1437f note](/us/usc/t42/s1437f).The amendments under this subsection are made on, and shall apply beginning upon, the date of the enactment of this Act, and shall apply thereafter, notwithstanding section 203 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) or any other provision of law (including the expiration of the applicability of such section 203 or any repeal of such section 203).
(b)Exemption of Tenant-Based Assistance From Contract Provisions.— Paragraph
(9)of section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(9)), as amended by subsection (a)(1) of this section, is further amended—
(1)by striking “(9)” and inserting “(8)(A)”; and 112 STAT. 2608
(2)by striking the third sentence and all that follows and inserting the following:" “(B) In the case of owner who has requested that the Secretary renew the contract, the owner’s notice under subparagraph
(A)to the tenants shall include statements that— “(i) the owner currently has a contract with the Department of Housing and Urban Development that pays the Government’s share of the tenant’s rent and the date on which the contract will expire; “(ii) the owner intends to renew the contract for another year; “(iii) renewal of the contract may depend upon the Congress making funds available for such renewal; “(iv) the owner is required by law to notify tenants of the possibility that the contract may not be renewed if Congress does not provide funding for such renewals; “(v) in the event of nonrenewal, the Department of Housing and Urban Development will provide tenant-based rental assistance to all eligible residents, enabling them to choose the place they wish to rent; and “(vi) the notice itself does not indicate an intent to terminate the contract by either the owner or the Department of Housing and Urban Development, provided there is Congressional approval of funding availability. “(C) Notwithstanding the preceding provisions of this paragraph, if the owner agrees to a 5-year contract renewal offered by the Secretary, payments under which shall be subject to the availability of appropriations for any year, the owner shall provide a written notice to the Secretary and the tenants not less than 180 days before the termination of such contract. In the event the owner does not provide the 180-day notice required in the immediately preceding sentence, the owner may not evict the tenants or increase the tenants’ rent payment until such time as the owner has provided the 180-day notice and such period has elapsed. The Secretary may allow the owner to renew the terminating contract for a period of time sufficient to give tenants 180 days of advance notice under such terms and conditions as the Secretary may require. “(D) Any notice under this paragraph shall also comply with any additional requirements established by the Secretary. “(E) For purposes of this paragraph, the term ‘termination’ means the expiration of the assistance contract or an owner’s refusal to renew the assistance contract, and such term shall include termination of the contract for business reasons.”. "
(c)Multifamily Assisted Housing Reform and Affordability Act of 1997.— Section 514(d) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by inserting at the end the following new sentences: ‘In addition, if after giving the notice required in the first sentence, an owner determines to terminate a contract, an owner shall provide an additional written notice with respect to the termination, in a form prescribed by the Secretary, not less than 120 days prior to the termination. In the event the owner does not provide the 120-day notice required in the preceding sentence, the owner may not evict the tenants or increase the tenants’ rent payment until such time as the owner has provided the 120-day notice and such period has elapsed. The Secretary may allow the 112 STAT. 2609owner to renew the terminating contract for a period of time sufficient to give tenants 120 days of advance notice in accordance with section 524 of this Act.”. SEC. 550. TECHNICAL AND CONFORMING AMENDMENTS.
(a)Lower Income Housing Assistance.— Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended—
(1)in subsection (a), by striking the second and third sentences;
(2)in subsection (b)—
(A)in the subsection heading, by striking “Rental Certificates and”; and
(B)in the first undesignated paragraph—
(i)by striking “The Secretary” and inserting the following:" “(1) In general.— The Secretary”; and "
(ii)by striking the second sentence;
(3)in subsection (c)—
(A)in paragraph (3)—
(i)by striking “(A)”; and
(ii)by striking subparagraph (B);
(B)in the first sentence of paragraph (4), by striking “or by a family that qualifies to receive” and all that follows through “1990”;
(C)by striking paragraphs
(5)and (7); and
(D)redesignating paragraph
(6)as paragraph (5);
(4)in subsection (d)(2)—
(A)in subparagraph (A), by striking the third sentence and all that follows through the end of the subparagraph;
(B)in subparagraph (H), by striking “(H)” and all that follows through “owner” and inserting “(H) An owner”; and
(C)by striking subparagraphs
(B)through
(E)and redesignating subparagraphs
(F)through
(H)(as
(5)amended by subparagraph
(B)of this paragraph) as subparagraphs
(B)through (D), respectively;
(5)in subsection (f)(7)—;
(A)by striking “(b) or”; and
(B)by inserting before the period the following: “and that provides for the eligible family to select suitable housing and to move to other suitable housing”; and
(6)by striking subsection (j);
(7)by striking subsection (n);
(8)in subsection (u)—
(A)in paragraph (2), by striking “, certificates”; and
(B)by striking “certificates or” each place that term appears; and
(9)in subsection (x)(2), by striking “housing certificate assistance” and inserting “tenant-based assistance”.
(b)HOPWA Grants for Community Residences and Services.— Section 861(b)(1)(D) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12910(b)(1)(D)) is amended by striking “certificates or vouchers” and inserting “assistance”.
(c)Section 8 Certificates and Vouchers.— Section 931 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437c note) is amended by striking “assistance under the certificate and voucher programs under sections 8(b) and
(o)of such Act” 112 STAT. 2610and inserting “tenant-based assistance under section 8 of the United States Housing Act of 1937”.
(d)Assistance for Displaced Residents.— Section 223(a) of the Housing and Community Development Act of 1987 (12 U.S.C. 4113(a)) is amended by striking “assistance under the certificate and voucher programs under sections 8(b) and 8(o)” and inserting “tenant-based assistance under section 8”.
(e)Rural Housing Preservation Grants.— Section 533(a) of the Housing Act of 1949 (42 U.S.C. 1490m(a)) is amended in the second sentence by striking “assistance payments as provided by section 8(o)” and inserting “tenant-based assistance as provided under section 8”.
(f)Repeal of Moving to Opportunities for Fair Housing Demonstration.— Section 152 of the Housing and Community Development Act of 1992 (42 U.S.C. 1437f note) is repealed.
(g)Assistance for Troubled Multifamily Housing Projects.— Section 201(m)(2)(A) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1715z-1a(m)(2)(A)) is amended by striking “section 8(b)(1)” and inserting “section 8”. SEC. 551. FUNDING AND ALLOCATION. Section 213 of the Housing and Community Development Act of 1974 (42 U.S.C. 1439) is amended—
(1)by striking subsection (c); and
(2)in subsection (d)—
(A)in paragraph (1)(A)—
(i)in clause (i), by adding at the end the following new sentence: “Amounts for tenant-based assistance under section 8(o) of the United States Housing Act of 1937 may not be provided to any public housing agency that has been disqualified from providing such assistance.”; and
(ii)in clause (ii), by striking “8(b)(1)” each place it appears and inserting “8(o)”;
(B)by striking paragraph (2); and
(C)by redesignating paragraphs (3), (4), and
(5)as paragraphs (2), (3), and (4), respectively. SEC. 552. TREATMENT OF COMMON AREAS. Section 8(d) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new paragraph:" “(6) Treatment of common areas.— The Secretary may not provide any assistance amounts pursuant to an existing contract for project-based assistance under this section for a housing project and may not enter into a new or renewal contract for such assistance for a project unless the owner of the project provides consent, to such local law enforcement agencies as the Secretary determines appropriate, for law enforcement officers of such agencies to enter common areas of the project at any time and without advance notice upon a determination of probable cause by such officers that criminal activity is taking place in such areas.”. " SEC. 553. PORTABILITY. Section 8(r) of the United States Housing Act of 1937 (42 U.S.C. 1437f(r)) is amended—
(1)in paragraph (2), by striking the last sentence; 112 STAT. 2611
(2)in paragraph (3))—
(A)by striking “(b) or”; and
(B)by adding at the end the following: “The Secretary Procedures.shall establish procedures for the compensation of public housing agencies that issue vouchers to families that move into or out of the jurisdiction of the public housing agency under portability procedures. The Secretary may reserve amounts available for assistance under subsection
(o)to compensate those public housing agencies.”;
(3)by striking “(r)” and all that follows through the end of paragraph
(1)and inserting the following:" “(r) Portability.—
(1)In general.—
(A)Any family receiving tenant-based assistance under subsection
(o)may receive such assistance to rent an eligible dwelling unit if the dwelling unit to which the family moves is within any area in which a program is being administered under this section. “(B)
(i)Notwithstanding subparagraph
(A)and subject to any exceptions established under clause
(ii)of this subparagraph, a public housing agency may require that any family not living within the jurisdiction of the public housing agency at the time the family applies for assistance from the agency shall, during the 12-month period beginning on the date of initial receipt of housing assistance made available on behalf of the family from such agency, lease and occupy an eligible dwelling unit located within the jurisdiction served by the agency. “(ii) The Secretary may establish such exceptions to the authority of public housing agencies established under clause (i).”; and "
(5)by adding at the end the following new paragraph:" “(5) Lease violations.— A family may not receive a voucher from a public housing agency and move to another jurisdiction under the tenant-based assistance program if the family has moved out of the assisted dwelling unit of the family in violation of a lease.”. " SEC. 554. LEASING TO VOUCHER HOLDERS[42 USC 1437f note](/us/usc/t42/s1437f).. Notwithstanding section 203(d) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (as contained in section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134; 42 U.S.C. 1437f note)), section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by striking subsection (t). This section shall apply beginning Applicability.upon, and the amendment made by this section is made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 555. HOMEOWNERSHIP OPTION.
(a)In general.— Section 8(y) of the United States Housing Act of 1937 (42 U.S.C. 1437f(y)) is amended—
(1)in paragraph (1)—
(A)in the matter preceding subparagraph (A), by striking “A family receiving” and all that follows through “if the family” and inserting the following: “A public housing agency providing tenant-based assistance on behalf of an eligible family under this section may provide assistance for an eligible family that purchases a dwelling unit (including a unit under a lease-purchase agreement) that will 112 STAT. 2612be owned by 1 or more members of the family, and will be occupied by the family, if the family”;
(B)in subparagraph (A), by inserting before the semicolon “, or owns or is acquiring shares in a cooperative”; and
(C)in subparagraph (B)—
(i)by striking “(i) participates” and all that follows through “(ii) demonstrates” and inserting “demonstrates”; and
(ii)by inserting “, except that the Secretary may provide for the consideration of public assistance in the case of an elderly family or a disabled family” after “other than public assistance”;
(2)by striking paragraph
(2)and inserting the following new paragraph:" “(2) Determination of amount of assistance.— “(A) Monthly expenses not exceeding payment standard.— If the monthly homeownership expenses, as determined in accordance with requirements established by the Secretary, do not exceed the payment standard, the monthly assistance payment shall be the amount by which the homeownership expenses exceed the highest of the following amounts, rounded to the nearest dollar: “(i) 30 percent of the monthly adjusted income of the family. “(ii) 10 percent of the monthly income of the family. “(iii) If the family is receiving payments for welfare assistance from a public agency, and a portion of those payments, adjusted in accordance with the actual housing costs of the family, is specifically designated by that agency to meet the housing costs of the family, the portion of those payments that is so designated. “(B) Monthly expenses exceed payment standard.— If the monthly homeownership expenses, as determined in accordance with requirements established by the Secretary, exceed the payment standard, the monthly assistance payment shall be the amount by which the applicable payment standard exceeds the highest of the amounts under clauses (i), (ii), and
(iii)of subparagraph (A).”; "
(3)by striking paragraphs (3), (4), and
(5)and inserting the following new paragraphs:" “(3) Inspections and contract conditions.— “(A) In general.— Each contract for the purchase of a unit to be assisted under this section shall— “(i) provide for pre-purchase inspection of the unit by an independent professional; and “(ii) require that any cost of necessary repairs be paid by the seller. “(B) Annual inspections not required.— The requirement under subsection (o)(8)(A)(ii) for annual inspections shall not apply to units assisted under this section. “(4) Other authority of the secretary.— The Secretary may— “(A) limit the term of assistance for a family assisted under this subsection; and 112 STAT. 2613 “(B) modify the requirements of this subsection as the Secretary determines to be necessary to make appropriate adaptations for lease-purchase agreements.”; and "
(4)by redesignating paragraphs (6),
(7)(as previously amended by this Act), and
(8)as paragraphs (5), (6), and(7), respectively.
(b)Demonstration Program.—[42 USC 1437f note](/us/usc/t42/s1437f).
(1)In general.— With the consent of the affected public housing agencies, the Secretary may carry out (or contract with 1 or more entities to carry out) a demonstration program under section 8(y) of the United States Housing Act of 1937(42 U.S.C. 1437f(y)) to expand homeownership opportunities for low-income families.
(2)Report.— The Secretary shall report annually to Congress on activities conducted under this subsection.
(c)Applicability.— This section shall take effect on, and the Effective date.[42 USC 1437f note](/us/usc/t42/s1437f).amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 556. RENEWALS.
(a)In General.— Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:" “(dd) Tenant-Based Contract Renewals.— Subject to amounts provided in appropriation Acts, starting in fiscal year 1999, the Secretary shall renew all expiring tenant-based annual contribution contracts under this section by applying an inflation factor based on local or regional factors to an allocation baseline. The allocation baseline shall be calculated by including, at a mini-mum, amounts sufficient to ensure continued assistance for the actual number of families assisted as of October 1, 1997, with appropriate upward adjustments for incremental assistance and additional families authorized subsequent to that date.”. "
(b)Implementation.— The Secretary of Housing and Urban Development shall implement the provision added by the amendment made by subsection
(a)through notice, not later than December Notice.Deadline.Regulations.[42 USC 1437f note](/us/usc/t42/s1437f).31, 1998, and shall issue final regulations which shall be developed pursuant to the procedures for issuance of regulations under the negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code, not later than one year after the date of the enactment of this Act. SEC. 557. MANUFACTURED HOUSING DEMONSTRATION PROGRAM.
(a)In General.— The Secretary of Housing and Urban Development shall carry out a program during fiscal years 1999, 2000, and 2001 to demonstrate the effectiveness of providing, directly to eligible families that own manufactured homes and rent real property on which their homes are located, tenant-based assistance for the rental of such property that would otherwise be provided directly to the owners of such real property under section 8(o)(12)of the United States Housing Act of 1937.
(b)Requirements.— The demonstration program under this section shall be subject to the following requirements:
(1)Scope.— The Secretary of Housing and Urban Development shall carry out the demonstration program with respect 112 STAT. 2614to the Housing Authority of the County of San Diego, in California, and the Housing Authority of the City of San Diego, in California.
(2)Eligible families.— Under the demonstration program, each public housing agency shall provide tenant-based assistance under section 8(o) of the United States Housing Act of 1937 on behalf of eligible families who rent real property on which their manufactured homes are located and which is owned by an owner who has refused to participate in the section 8 program.
(3)Participation arrangements.— Each public housing agency participating in the demonstration program shall enter into arrangements with families assisted under the program providing for their participation in the program and may, to the extent authorized by the Secretary, continue to provide assistance in the same manner as under the demonstration program after its conclusion to such participating families.
(4)Waiver of other requirements.— Under the demonstration program, the Secretary may waive, or specify alter-native requirements for, requirements established by or under section 8 of the United States Housing Act of 1937 relating to the provision of assistance under subsection
(j)or (o)(12) of such section.
(c)Report.— Not later than March 31, 2002, the Secretary shall submit a report to the Congress describing and evaluating the demonstration program under this section.
(d)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 558. AUTHORIZATIONS OF APPROPRIATIONS.
(a)In General.— There is authorized to be appropriated for providing public housing agencies with tenant-based housing assistance under section 8 of the United States Housing Act of 1937—
(1)to provide amounts for incremental assistance under such section 8—
(A)for each of fiscal years 2000 and 2001, the amount necessary to assist 100,000 incremental dwelling units in each such fiscal year; and
(B)for each of fiscal years 1999, 2002, and 2003, such sums as may be necessary; and
(2)such sums as may be necessary for each of fiscal years 1999, 2000, 2001, 2002, and 2003, for—
(A)relocation and replacement housing for units that are demolished and disposed of from the public housing inventory (in addition to other amounts that may be available for such purposes);
(B)relocation of residents of properties that are owned by the Secretary and being disposed of or that are discontinuing section 8 project-based assistance;
(C)the conversion of section 23 projects to assistance under section 8;
(D)carrying out the family unification program;
(E)relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency;
(F)nonelderly disabled families affected by the designation of a public housing development under section 112 STAT. 2615 7 of the United States Housing Act of 1937, the establishment of preferences in accordance with section 651 of the Housing and Community Development Act of 1992, or the restriction of occupancy to elderly families in accordance with section 658 of such Act, and to the extent the Secretary determines that such amount is not needed to fund applications for such affected families, to other nonelderly disabled families;
(G)housing vouchers for homeless individuals; and
(H)housing vouchers to compensate public housing agencies which issue vouchers to families that move into or out of the jurisdiction of the agency under portability procedures.
(b)Assistance for Disabled Families.—
(1)Authorization of appropriations.— There is authorized to be appropriated, for tenant-based assistance under section 8 of the United States Housing Act of 1937, to be used in accordance with paragraph (2), $50,000,000 for fiscal year 2000, and such sums as may be necessary for each subsequent fiscal year.
(2)Use.— The Secretary shall provide amounts made available under paragraph
(1)to public housing agencies only for use to provide tenant-based assistance under section 8 of the United States Housing Act of 1937 for nonelderly disabled families (including such families relocating pursuant to designation of a public housing development under 7 of such Act or to the establishment of occupancy restrictions in accordance with section 658 of the Housing and Community Development Act of 1992, and other nonelderly disabled families who have applied to the agency for assistance under such section 8).
(3)Allocation of amounts.— The Secretary shall allocate and provide amounts made available under paragraph
(1)to public housing agencies as the Secretary determines appropriate based on the relative levels of need among the authorities for assistance for families described in paragraph (1).
(c)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 559. RULEMAKING AND IMPLEMENTATION[42 USC 1437f note](/us/usc/t42/s1437f)..
(a)Interim Regulations.— The Secretary of Housing and Urban Development shall issue such interim regulations as may be necessary to implement the amendments made by this subtitle and other provisions in this title which relate to section 8(o) of the United States Housing Act of 1937.
(b)Final Regulations.— The Secretary shall issue final regulations necessary to implement the amendments made by this subtitle and other provisions in this title which relate to section 8(o) of the United States Housing Act of 1937 not later then 1 year after the date of the enactment of this Act.
(c)Factors For Consideration.— Before the publication of the final regulations under subsection (b), in addition to public comments invited in connection with the publication of the interim rule, the Secretary shall—
(1)seek recommendations on the implementation of sections 8(o)(6)(B), 8(o)(7)(B), and 8(o)(10)(D) of the United States Housing Act of 1937 and of renewals of expiring tenant-based assistance from organizations representing— 112 STAT. 2616
(A)State or local public housing agencies;
(B)owners and managers of tenant-based housing assisted under section 8 of the United States Housing Act of 1937;
(C)families receiving tenant-based assistance under section 8 of the United States Housing Act of 1937; and
(D)legal service organizations; and
(2)Public information. convene not less than 2 public forums at which the persons or organizations making recommendations under paragraph
(1)may express views concerning the proposed disposition of the recommendations.
(d)Conversion Assistance.—
(1)In general.— The Secretary may provide for the conversion of assistance under the certificate and voucher programs under subsections
(b)and
(o)of section 8 of the United States Housing Act of 1937, as in effect before the applicability of the amendments made by this subtitle, to the voucher program established by the amendments made by this subtitle.
(2)Continued applicability.— The Secretary may apply the provisions of the United States Housing Act of 1937, or any other provision of law amended by this subtitle, as those provisions were in effect immediately before the date of the enactment of this Act (except that such provisions shall be subject to any amendments to such provisions that may be contained in title II of this Act), to assistance obligated by the Secretary before October 1, 1999, for the certificate or voucher program under section 8 of the United States Housing Act of 1937, if the Secretary determines that such action is necessary for simplification of program administration, avoidance of hardship, or other good cause.
(e)Effective Date.— This section shall take effect on the date of the enactment of this Act. Subtitle D— Home Rule Flexible Grant Demonstration SEC. 561. HOME RULE FLEXIBLE GRANT DEMONSTRATION PROGRAM. The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following new title:" “TITLE IV— HOME RULE FLEXIBLE GRANT DEMONSTRATION “SEC. 401. [42 USC 1437bbb](/us/usc/t42/s1437bbb). PURPOSE. The purpose of this title is to demonstrate the effectiveness of authorizing local governments and municipalities, in coordination with the public housing agencies for such jurisdictions— “(1) to receive and combine program allocations of covered housing assistance; and “(2) to design creative approaches for providing and administering Federal housing assistance based on the particular needs of the jurisdictions that— “(A) provide incentives to low-income families with children whose head of the household is employed, seeking 112 STAT. 2617employment, or preparing for employment by participating in a job training or educational program, or any program that otherwise assists individuals in obtaining employment and attaining economic self-sufficiency; “(B) reduce costs of Federal housing assistance and achieve greater cost-effectiveness in Federal housing assistance expenditures; “(C) increase the stock of affordable housing and housing choices for low-income families; “(D) increase homeownership among low-income families; “(E) reduce geographic concentration of assisted families; “(F) reduce homelessness through providing permanent housing solutions; “(G) improve program management; and “(H) achieve such other purposes with respect to low-income families, as determined by the participating local governments and municipalities in coordination with the public housing agencies; “SEC. 402. FLEXIBLE GRANT PROGRAM[42 USC 1437bbb-1](/us/usc/t42/s1437bbb-1).. “(a) Authority and Use.— The Secretary shall carry out a demonstration program in accordance with the purposes under section 401 and the provisions of this title. A jurisdiction approved by the Secretary for participation in the program may receive and combine and enter into performance-based contracts for the use of amounts of covered housing assistance, in the manner determined appropriate by the participating jurisdiction, during the period of the jurisdiction’s participation— “(1) to provide housing assistance and services for low-income families in a manner that facilitates the transition of such families to work; “(2) to reduce homelessness through providing permanent housing solutions; “(3) to increase homeownership among low-income families; or “(4) for other housing purposes for low-income families determined by the participating jurisdiction. “(b) Period of Participation.— A jurisdiction may participate in the demonstration program under this title for a period consisting of not less than 1 nor more than 5 fiscal years. “(c) Participating Jurisdictions.— “(1) In general.— Subject to paragraph (2), during the 4-year period consisting of fiscal years 1999 through 2002, the Secretary may approve for participation in the program under this title not more than an aggregate of 100 jurisdictions over the entire term of the demonstration program. A jurisdiction that was approved for participation in the demonstration program under this title in a fiscal year and that is continuing such participation in any subsequent fiscal year shall count as a single jurisdiction for purposes of the numerical limitation under this paragraph. “(2) Exclusion of high performing agencies.— Notwithstanding any other provision of this title other than paragraph 112 STAT. 2618(4) of this subsection, the Secretary may approve for participation in the demonstration program under this title only jurisdictions served by public housing agencies that.— “(A) are not designated as high-performing agencies, pursuant to their most recent scores under the public housing management assessment program under section 6(j)(2)(or any successor assessment program for public housing agencies), as of the time of approval; and “(B) have a most recent score under the public housing management assessment program under section 6(j)(2) (or any successor assessment program for public housing agencies), as of the time of approval, that is among the lowest 40 percent of the scores of all agencies. “(3) Limitation on troubled and non-troubled phas.— Of the jurisdictions approved by the Secretary for participation in the demonstration program under this title— “(A) not more than 55 may be jurisdictions served by a public housing agency that, at the time of approval, is designated as a troubled agency under the public housing management assessment program under section 6(j)(2) (or any successor assessment program for public housing agencies); and “(B) not more than 45 may be jurisdictions served by a public housing agency that, at the time of approval, is not designated as a troubled agency under the public housing management assessment program under section 6(j)(2) (or any successor assessment program for public housing agencies). “(4) Indiana. Exception.— If the City of Indianapolis, Indiana submits an application for participation in the program under this title and, upon review of the application under section 406(b), the Secretary determines that such application is approvable under this title, the Secretary shall approve such application, notwithstanding the second sentence of section 406(b)(2). Such City shall count for purposes of the numerical limitations on jurisdictions under paragraphs
(1)and
(3)of section 402(c), but the provisions of section 402(c)(2) (relating to exclusion of high-performing agencies) shall not apply to such City. “SEC. 403. [42 USC 1437bbb-2](/us/usc/t42/s1437bbb-2). PROGRAM ALLOCATION AND COVERED HOUSING ASSISTANCE. “(a) Program Allocation.— In each fiscal year, the amount made available to each participating jurisdiction under the demonstration program under this title shall be equal to the sum of the amounts of covered housing assistance that would otherwise be made available under the provisions of this Act to the public housing agency for the jurisdiction. “(b) Covered Housing Assistance.— For purposes of this title, the term ‘covered housing assistance’ means— “(1) operating assistance under section 9 (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998); “(2) modernization assistance under section 14 (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998); 112 STAT. 2619 “(3) assistance for the certificate and voucher programs under section 8 (as in effect before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998); “(4) assistance from the Operating Fund under section 9(e); “(5) assistance from the Capital Fund under section 9(d); and “(6) tenant-based assistance under section 8 (as amended by the Quality Housing and Work Responsibility Act of 1998). “SEC. 404. APPLICABILITY OF REQUIREMENTS UNDER PROGRAMS FOR COVERED HOUSING ASSISTANCE[42 USC 1437bbb-3](/us/usc/t42/s1437bbb-3).. “(a) In General.— In each fiscal year of the demonstration program under this title, amounts made available to a participating jurisdiction under the demonstration program shall be subject to the same terms and conditions as such amounts would be subject to if made available under the provisions of this Act pursuant to which covered housing assistance is otherwise made available under this Act to the public housing agency for the jurisdiction, except that— “(1) the Secretary may waive any such term or condition identified by the jurisdiction to the extent that the Secretary determines such action to be appropriate to carry out the purposes of the demonstration program under this title; and “(2) the participating jurisdiction may combine the amounts made available and use the amounts for any activity eligible under the programs under sections 8 and 9. “(b) Number of Families Assisted.— In carrying out the demonstration program under this title, each participating jurisdiction shall assist substantially the same total number of eligible low-income families as would have otherwise been served by the public housing agency for the jurisdiction had the jurisdiction not participated in the demonstration program under this title. “(c) Protection of Recipients.— This title may not be construed to authorize the termination of assistance to any recipient receiving assistance under this Act before the date of the enactment of this title as a result of the implementation of the demonstration program under this title. “(d) Effect on Ability To Compete for Other Programs.— This title may not be construed to affect the ability of any applying or participating jurisdiction (or a public housing agency for any such jurisdiction) to compete or otherwise apply for or receive assistance under any other housing assistance program administered by the Secretary. “SEC. 405. PROGRAM REQUIREMENTS[42 USC 1437bbb-4](/us/usc/t42/s1437bbb-4).. “(a) Applicability of Certain Provisions.— Notwithstanding section 404(a)(1), the Secretary may not waive, with respect to any participating jurisdiction, any of the following provisions: “(1) The first sentence of paragraph
(1)of section 3(a)(relating to eligibility of low-income families). “(2) Section 16 (relating to income eligibility and targeting of assistance). “(3) Paragraph
(2)of section 3(a) (relating to rental payments for public housing families). 112 STAT. 2620 “(4) Paragraphs
(2)and
(3)of section 8(o) (to the extent such paragraphs limit the amount of rent paid by families assisted with tenant-based assistance). “(5) Section 18 (relating to demolition or disposition of public housing). “(b) Compliance With Assistance Plan.— A participating jurisdiction shall provide assistance using amounts received pursuant to this title in the manner set forth in the plan of the jurisdiction approved by the Secretary under section 406(a)(2). “SEC. 406. [42 USC 1437bbb-5](/us/usc/t42/s1437bbb-5). APPLICATION. “(a) In General.— The Secretary shall provide for jurisdictions to submit applications for approval to participate in the demonstration program under this title. An application— “(1) shall be submitted only after the jurisdiction provides for citizen participation through a public hearing and, if appropriate, other means; “(2) shall include a plan for the provision of housing assistance with amounts received pursuant to this title that— “(A) is developed by the jurisdiction; “(B) takes into consideration comments from the public hearing, any other public comments on the proposed program, and comments from current and prospective residents who would be affected; and “(C) identifies each term or condition for which the jurisdiction is requesting waiver under section 404 (a)(1); “(3) shall describe how the plan for use of amounts will assist in meeting the purposes of, and be used in accordance with, sections 401 and 402(a), respectively; “(4) shall propose standards for measuring performance in using assistance provided pursuant to this title based on the performance standards under subsection (b)(4); “(5) shall propose the length of the period for participation of the jurisdiction is in the demonstration program under this title; “(6) shall— “(A) in the case of the application of any jurisdiction within whose boundaries are areas subject to any other unit of general local government, include the signed consent of the appropriate executive official of such unit to the application; and “(B) in the case of the application of a consortia of units of general local government (as provided under section 409(1)(B)), include the signed consent of the appropriate executive officials of each unit included in the consortia; “(7) shall include information sufficient, in the determination of the Secretary— “(A) to demonstrate that the jurisdiction has or will have management and administrative capacity sufficient to carry out the plan under paragraph (2), including a demonstration that the applicant has a history of effectively administering amounts provided under other programs of the Department of Housing and Urban Development, such as the community development block grant program, the 112 STAT. 2621HOME investment partnerships program, and the programs for assistance for the homeless under the Stewart B. McKinney Homeless Assistance Act; “(B) to demonstrate that carrying out the plan will not result in excessive duplication of administrative efforts and costs, particularly with respect to activities performed by public housing agencies operating within the boundaries of the jurisdiction; “(C) to describe the function and activities to be carried out by such public housing agencies affected by the plan; and “(D) to demonstrate that the amounts received by the jurisdiction will be maintained separate from other funds available to the jurisdiction and will be used only to carryout the plan; “(8) shall include information describing how the jurisdiction will make decisions regarding asset management of housing for low-income families under programs for covered housing assistance or assisted with grant amounts under this title; “(9) shall— “(A) clearly identify any State or local laws that will affect implementation of the plan under paragraph
(2)and any contractual rights and property interests that may be affected by the plan; “(B) describe how the plan will be carried out with respect to such laws, rights, and interests; and “(C) contain a legal memorandum sufficient to describe how the plan will comply with such laws and how the plan will be carried out without violating or impairing such rights and interests; and “(10) shall identify procedures for how the jurisdiction shall return to providing covered assistance for the jurisdiction under the provisions of title I, in the case of determination under subsection (b)(4)(B). A plan required under paragraph
(2)to be included in the application may be contained in a memorandum of agreement or other document executed by a jurisdiction and public housing agency, if such document is submitted together with the application. “(b) Review, Approval, and Performance Standards.— “(1) Review.— The Secretary shall review each application Notification.Deadlines.for participation in the demonstration program under this title and shall determine and notify the jurisdiction submitting the application, not later than 90 days after its submission, of whether the application is approvable under this title. If the Secretary determines that the application of a jurisdiction is approvable under this title, the Secretary shall provide affected public housing agencies an opportunity to review and to provide written comments on the application for a period of not less than 30 days after notification under the preceding sentence. If the Secretary determines that an application is not approvable under this title, the Secretary shall notify the jurisdiction submitting the application of the reasons for such determination. Upon making a determination of whether an application Public information.is approvable or nonapprovable under this title, the Secretary shall make such determination publicly available in writing together with a written statement of the reasons for such determination. 112 STAT. 2622 “(2) Approval.— The Secretary may approve jurisdictions for participation in the demonstration program under this title, but only from among applications that the Secretary has determined under paragraph are approvable under this title and only in accordance with section 402(c). The Secretary shall base the selection of jurisdictions to approve on the potential success, as evidenced by the application, in— “(A) achieving the goals set forth in the performance standards under paragraph (4)(A); and “(B) increasing housing choices for low-income families. “(3) Agreement.— The Secretary shall offer to enter into an agreement with each jurisdiction approved for participation in the program under this title providing for assistance pursuant to this title for a period in accordance with section 402(b) and incorporating a requirement that the jurisdiction achieve a particular level of performance in each of the areas for which performance standards are established under paragraph (4)(A) of this subsection. If the Secretary and the jurisdiction enter into an agreement, the Secretary shall provide any covered housing assistance for the jurisdiction in the manner authorized under this title. The Secretary may not provide covered housing assistance for a jurisdiction in the manner authorized under this title unless the Secretary and jurisdiction enter into an agreement under this paragraph. “(4) Performance standards.— “(A) Establishment.— The Secretary and each participating jurisdiction may collectively establish standards for evaluating the performance of the participating jurisdiction in meeting the purposes under section 401 of this title, which may include standards for— “(i) moving dependent low-income families to economic self-sufficiency; “(ii) reducing the per-family cost of providing housing assistance; “(iii) expanding the stock of affordable housing and housing choices for low-income families; “(iv) improving program management; “(v) increasing the number of homeownership opportunities for low-income families; “(vi) reducing homelessness through providing permanent housing resources; “(vii) reducing geographic concentration of assisted families; and “(viii) any other performance goals that the Secretary and the participating jurisdiction may establish. “(B) Failure to comply.— If, at any time during the participation of a jurisdiction in the program under this title, the Secretary determines that the jurisdiction is not sufficiently meeting, or making progress toward meeting, the levels of performance incorporated into the agreement of the jurisdiction pursuant to subparagraph (A), the Secretary shall terminate the participation of the jurisdiction in the program under this title and require the implementation of the procedures included in the application of the jurisdiction pursuant to subsection (a)(10). “(5) Troubled agencies.— The Secretary may establish requirements for the approval of applications under this section 112 STAT. 2623submitted by public housing agencies designated under section 6(j)(2) as troubled, which may include additional or different criteria determined by the Secretary to be more appropriate for such agencies. “(c) Status of PHAs.— This title may not be construed to require any change in the legal status of any public housing agency or in any legal relationship between a jurisdiction and a public housing agency as a condition of participation in the program under this title. “(d) PHA Plans.— In carrying out this title, the Secretary may provide for a streamlined public housing agency plan and planning process under section 5A for participating jurisdictions. “SEC. 407. TRAINING[42 USC 1437bbb-6](/us/usc/t42/s1437bbb-6).. “The Secretary, in consultation with representatives of public and assisted housing interests, may provide training and technical assistance relating to providing assistance under this title and may conduct detailed evaluations of up to 30 jurisdictions for the purpose of identifying replicable program models that are successful at carrying out the purposes of this title. “SEC. 408. ACCOUNTABILITY[42 USC 1437bbb-7](/us/usc/t42/s1437bbb-7).. “(a) Maintenance of Records.— Each participating jurisdiction shall maintain such records as the Secretary may require to— “(1) document the amounts received by the jurisdiction under this Act and the disposition of such amounts under the demonstration program under this title; “(2) ensure compliance by the jurisdiction with this title; and “(3) evaluate the performance of the jurisdiction under the demonstration program under this title. “(b) Reports.— Each participating jurisdiction shall annually submit to the Secretary a report in a form and at a time specified by the Secretary, which shall include— “(1) documentation of the use of amounts made available to the jurisdiction under this title; “(2) any information as the Secretary may request to assist the Secretary in evaluating the demonstration program under this title; and “(3) a description and analysis of the effect of assisted activities in addressing the objectives of the demonstration program under this title. “(c) Access To Documents By Secretary and Comptroller General.— The Secretary and the Comptroller General of the United States, or any duly authorized representative of the Secretary or the Comptroller General, shall have access for the purpose of audit and examination to any books, documents, papers, and records maintained by a participating jurisdiction that relate to the demonstration program under this title. “(d) Performance Review and Evaluation.— “(1) performance review.— Based on the performance standards established under section 406(b)(4), the Secretary shall monitor the performance of participating jurisdictions in providing assistance under this title. “(2) Status report.— Not later than 60 days after the Deadline.conclusion of the second year of the demonstration program under this title, the Secretary shall submit to Congress an 112 STAT. 2624interim report on the status of the demonstration program and the progress each participating jurisdiction in achieving the purposes of the demonstration program under section 401. “SEC. 409. [42 USC 1437bbb-8](/us/usc/t42/s1437bbb-8). DEFINITIONS. “For purposes of this title, the following definitions shall apply: “(1) Jurisdiction.— The term ‘jurisdiction’ means— “(A) a unit of general local government (as such term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act) that has boundaries, for purposes of carrying out this title, that— “(i) wholly contain the area within which a public housing agency is authorized to operate; and “(ii) do not contain any areas contained within the boundaries of any other participating jurisdiction; and “(B) a consortia of such units of general local government, organized for purposes of this title. “(2) Participating jurisdiction.— The term ‘participating jurisdiction’ means, with respect to a period for which such an agreement is made, a jurisdiction that has entered into an agreement under section 406(b)(3) to receive assistance pursuant to this title for such fiscal year. “SEC. 410. TERMINATION AND EVALUATION[42 USC 1437bbb-9](/us/usc/t42/s1437bbb-9).. “(a) Termination.— The demonstration program under this title shall terminate not less than 2 and not more than 5 years after the date on which the demonstration program is commenced. “(b) DeadlineReports. Evaluation.— Not later than 6 months after the termination of the demonstration program under this title, the Secretary shall submit to the Congress a final report, which shall include— “(1) an evaluation the effectiveness of the activities carried out under the demonstration program; and “(2) any findings and recommendations of the Secretary for any appropriate legislative action. “SEC. 411. [42 USC 1437bbb note](/us/usc/t42/s1437bbb). APPLICABILITY. “This title shall take effect on the date of the enactment of the Quality Housing and Work Responsibility Act of 1998.”. " Subtitle E— Accountability and Oversight of Public Housing Agencies SEC. 563. [42 USC 1437d note](/us/usc/t42/s1437d).STUDY OF ALTERNATIVE METHODS FOR EVALUATING PUBLIC HOUSING AGENCIES.
(a)In General.— The Secretary of Housing and Urban Development shall provide under subsection
(e)for a study to be conducted to determine the effectiveness of various alternative methods of evaluating the performance of public housing agencies and other providers of federally assisted housing.
(b)Purposes.— The purposes of the study under this section shall be—
(1)to identify and examine various methods of evaluating and improving the performance of public housing agencies in 112 STAT. 2625administering public housing and tenant-based rental assistance programs and of other providers of federally assisted housing, which are alternatives to oversight by the Department of Housing and Urban Development; and
(2)to identify specific monitoring and oversight activities currently conducted by the Department of Housing and Urban Development and to evaluate whether such activities should be eliminated, expanded, modified, or transferred to other entities (including governmental and private entities) to increase accuracy and effectiveness and improve monitoring.
(c)Evaluation of Various Performance Evaluation Systems.— To carry out the purposes under subsection (b), the study under this section shall identify, and analyze the advantages and disadvantages of various methods of regulating and evaluating the performance of public housing agencies and other providers of federally assisted housing, including the following methods:
(1)Current system.— The system pursuant to the United States Housing Act of 1937, including the methods and requirements under such system for reporting, auditing, reviewing, sanctioning, and monitoring of such agencies and housing providers and the public housing management assessment program pursuant to section 6(j) of the United States Housing Act of 1937.
(2)Accreditation models.— Various models that are based upon accreditation of such agencies and housing providers, subject to the following requirements:
(A)The study shall identify and analyze various models used in other industries and professions for accreditation and determine the extent of their applicability to the programs for public housing and federally assisted housing.
(B)If any accreditation models are determined to be applicable to the public and federally assisted housing programs, the study shall identify appropriate goals, objectives, and procedures for an accreditation program for such agencies and housing providers.
(C)The study shall evaluate the feasibility and merit of establishing an independent accreditation and evaluation entity to assist, supplement, or replace the role of the Department of Housing and Urban Development in assessing and monitoring the performance of such agencies and housing providers.
(D)The study shall identify the necessary and appropriate roles and responsibilities of various entities that would be involved in an accreditation program, including the Department of Housing and Urban Development, the Inspector General of the Department, an accreditation entity, independent auditors and examiners, local entities, and public housing agencies.
(E)The study shall estimate the costs involved in developing and maintaining such an independent accreditation program.
(3)Performance based models.— Various performance-based models, including systems that establish performance goals or targets, assess the compliance with such goals or targets, and provide for incentives or sanctions based on performance relative to such goals or targets. 112 STAT. 2626
(4)Local review and monitoring models.— Various models providing for local, resident, and community review and monitoring of such agencies and housing providers, including systems for review and monitoring by local and State governmental bodies and agencies.
(5)Private models.— Various models using private contractors for review and monitoring of such agencies and housing providers.
(6)Other models.— Various models of any other systems that may be more effective and efficient in regulating and evaluating such agencies and housing providers.
(d)Consultation.— The entity that, pursuant to subsection(e), carries out the study under this section shall, in carrying out the study, consult with individuals and organizations experienced in managing public housing, private real estate managers, representatives from State and local governments, residents of public housing, families and individuals receiving tenant-based assistance, the Secretary of Housing and Urban Development, the Inspector General of the Department of Housing and Urban Development, and the Comptroller General of the United States.
(e)Deadline. Contract to Conduct Study.—
(1)In general.— Subject to paragraph (2), the Secretary shall enter into a contract, within 90 days of the enactment of this Act, with a public or nonprofit private entity to conduct the study under this section, using amounts made available pursuant to subsection (g).
(2)National academy of public administration.— The Secretary shall request the National Academy of Public Administration to enter into the contract under paragraph
(1)to conduct the study under this section. If such Academy declines to conduct the study, the Secretary shall carry out such paragraph through other public or nonprofit private entities, selected through a competitive process.
(f)Deadline. Report.—
(1)Interim report.— The Secretary shall ensure that, not later than the expiration of the 6-month period beginning on the date of the execution of the contract under subsection (e)(1), the entity conducting the study under this section submits to the Congress an interim report describing the actions taken to carry out the study, the actions to be taken to complete the study, and any findings and recommendations available at the time.
(2)Final report.— The Secretary shall ensure that—
(A)not later than the expiration of the 12-month period beginning on the date of the execution of the contract under subsection (e)(1), the study required under this section is completed and a report describing the findings and recommendations as a result of the study is submitted to the Congress; and
(B)before submitting the report under this paragraph to the Congress, the report is submitted to the Secretary, national organizations for public housing agencies, and other appropriate national organizations at such time to provide the Secretary and such agencies an opportunity to review the report and provide written comments on the report, which shall be included together with the report upon submission to the Congress under subparagraph (A). 112 STAT. 2627
(g)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 564. PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM. Section 6(j) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)), as amended by the preceding provisions of this Act, is further amended—
(1)in paragraph (1)—
(A)by striking subparagraph
(B)and inserting the following new subparagraph:" “(B) The amount and percentage of funds provided to the public housing agency from the Capital Fund under section 9(d) which remain unobligated by the public housing agency after 3 years.”; "
(B)in subparagraph (D), by striking “energy” and inserting “utility”;
(C)by transferring and inserting subparagraph
(E)after subparagraph (D);
(D)by redesignating subparagraph
(H)as subparagraph (K); and
(E)by inserting after subparagraph
(G)the following new subparagraphs:" “(H) The extent to which the public housing agency— “(i) coordinates, promotes, or provides effective programs and activities to promote the economic self-sufficiency of public housing residents; and “(ii) provides public housing residents with opportunities for involvement in the administration of the public housing. “(I) The extent to which the public housing agency— “(i) implements effective screening and eviction policies and other anticrime strategies; and “(ii) coordinates with local government officials and residents in the project and implementation of such strategies. “(J) The extent to which the public housing agency is providing acceptable basic housing conditions.”; "
(2)in paragraph (2)—
(A)in subparagraph (A)(i)—
(i)by inserting after the first sentence the following: “Such procedures shall provide that an agency that fails on a widespread basis to provide acceptable basic housing conditions for its residents shall be designated as a troubled public housing agency. The Secretary may use a simplified set of indicators for public housing agencies with less than 250 public housing units.”; and
(ii)by striking “under section 14” and inserting “for assistance from the Capital Fund under section 9(d);
(B)in subparagraph (A)(iii), by striking “under section 14” and inserting“for assistance from the Capital Fund under section 9(d)”;
(C)in subparagraph (B)(i)—
(i)by inserting “with more than 250 units” after “public housing agency”; and 112 STAT. 2628
(ii)by striking “review conducted under section 14(p)” and inserting “comparable and recent review”; and
(D)in the first sentence of subparagraph (C), by inserting “(if applicable)” after “subparagraph (B)”;
(3)in paragraph (5)(F), as so redesignated by the preceding provisions of this Act, by striking “program under section 14”and all that follows and inserting “program for assistance from the Capital Fund under section 9(d) and specifies the amount of assistance the agency received under such program.”; and
(4)by adding at the end the following new paragraphs:" “(6)
(A)To the extent that the Secretary determines such action to be necessary in order to ensure the accuracy of any certification made under this section, the Secretary shall require an independent auditor to review documentation or other information maintained by a public housing agency pursuant to this section to substantiate each certification submitted by the agency or corporation relating to the performance of that agency or corporation. “(B) The Secretary may withhold, from assistance otherwise payable to the agency or corporation under section 9, amounts sufficient to pay for the reasonable costs of any review under this paragraph. “(7) The Secretary shall apply the provisions of this subsection to resident management corporations in the same manner as applied to public housing agencies.”. " SEC. 565. EXPANSION OF POWERS FOR DEALING WITH PUBLIC HOUSING AGENCIES IN SUBSTANTIAL DEFAULT.
(a)In General.— Section 6(j)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)(3)) is amended—
(1)in subparagraph (A)—
(A)by striking clause
(i)and inserting the following new clause:" “(i) solicit competitive proposals from other public housing agencies and private housing management agents which
(I)in the discretion of the Secretary, may be selected by existing public housing residents through administrative procedures established by the Secretary, and
(II)if appropriate, shall provide for such agents to manage all, or part, of the housing administered by the public housing agency or all or part of the other programs of the agency;”; "
(B)in clause (iii), by striking “under section 14” and inserting “from the Capital Fund under section 9(d)”; and
(C)by striking clause
(iv)and inserting the following new clauses:" “(iv) take possession of all or part of the public housing agency, including all or part of any project or program of the agency, including any project or program under any other provision of this title; and “(v) require the agency to make other arrangements acceptable to the Secretary and in the best interests of the public housing residents and families assisted under section 8 for managing all, or part, of the public housing administered by the agency or of the programs of the agency.”; and "
(2)by striking subparagraphs
(B)through
(D)and inserting the following new subparagraphs:112 STAT. 2629 " “(B)
(i)if a public housing agency is identified as troubled under this subsection, the Secretary shall notify the agency of the troubled status of the agency. “(ii)
(I)Upon the expiration of the 1-year period beginning on the later of the date on which the agency receives initial notice from the Secretary of the troubled status of the agency under clause
(i)and the date of the enactment of the Quality Housing and Work Responsibility Act of 1998, the agency shall improve its performance, as measured by the performance indicators established pursuant to paragraph (1), by at least 50 percent of the difference between the most recent performance measurement and the measurement necessary to remove that agency’s designation as troubled. “(II) Upon the expiration of the 2-year period beginning on the later of the date on which the agency receives initial notice from the Secretary of the troubled status of the agency under clause
(i)and the date of the enactment of the Quality Housing and Work Responsibility Act of 1998, the agency shall improve its performance, as measured by the performance indicators established pursuant to paragraph (1), such that the agency is no longer designated as troubled. “(III) In the event that a public housing agency designated as troubled under this subsection fails to comply with the requirements set forth in subclause
(I)or (II), the Secretary shall— “(aa) in the case of a troubled public housing agency with 1,250 or more units, petition for the appointment of a receiver pursuant to subparagraph (A)(ii); or “(bb) in the case of a troubled public housing agency with fewer than 1,250 units, either petition for the appointment of a receiver pursuant to subparagraph (A)(ii), or take possession of the public housing agency (including all or part of any project or program of the agency) pursuant to subparagraph (A)(iv) and appoint, on a competitive or noncompetitive basis, an individual or entity as an administrative receiver to assume the responsibilities of the Secretary for the administration of all or part of the public housing agency (including all or part of any project or program of the agency). This subparagraph shall not be construed to limit the courses of action available to the Secretary under subparagraph (A). “(IV) During the period between the date on which a petition is filed under subclause (III)(aa) and the date on which a receiver assumes responsibility for the management of the public housing agency under such subclause, the Secretary may take possession of the public housing agency (including all or part of any projector program of the agency) pursuant to subparagraph (A)(iv) and may appoint, on a competitive or noncompetitive basis, an individual or entity as an administrative receiver to assume the responsibilities of the Secretary for the administration of all or part of the public housing agency (including all or part of any project or program of the agency). “(C) If a receiver is appointed pursuant to subparagraph (A)(ii), in addition to the powers accorded by the court appointing the receiver, the receiver— “(i) may abrogate any contract to which the United States or an agency of the United States is not a party that, in the receiver’s written determination (which shall include the basis for such determination), substantially impedes correction 112 STAT. 2630of the substantial default, but only after the receiver determines that reasonable efforts to renegotiate such contract have failed; “(ii) may demolish and dispose of all or part of the assets of the public housing agency (including all or part of any project of the agency) in accordance with section 18, including disposition by transfer of properties to resident-supported nonprofit entities; “(iii) if determined to be appropriate by the Secretary, may seek the establishment, as permitted by applicable State and local law, of 1 or more new public housing agencies; “(iv) if determined to be appropriate by the Secretary, may seek consolidation of all or part of the agency (including all or part of any project or program of the agency), as permitted by applicable State and local laws, into other well-managed public housing agencies with the consent of such well-managed agencies; and “(v) shall not be required to comply with any State or local law relating to civil service requirements, employee rights (except civil rights), procurement, or financial or administrative controls that, in the receiver’s written determination (which shall include the basis for such determination), substantially impedes correction of the substantial default. “(D)
(i)If, pursuant to subparagraph (A)(iv), the Secretary takes possession of all or part of the public housing agency, including all or part of any project or program of the agency, the Secretary— “(I) may abrogate any contract to which the United States or an agency of the United States is not a party that, in the written determination of the Secretary (which shall include the basis for such determination), substantially impedes correction of the substantial default, but only after the Secretary determines that reasonable efforts to renegotiate such contract have failed; “(II) may demolish and dispose of all or part of the assets of the public housing agency (including all or part of any project of the agency) in accordance with section 18, including disposition by transfer of properties to resident-supported nonprofit entities; “(III) may seek the establishment, as permitted by applicable State and local law, of 1 or more new public housing agencies; “(IV) may seek consolidation of all or part of the agency (including all or part of any project or program of the agency), as permitted by applicable State and local laws, into other well-managed public housing agencies with the consent of such well-managed agencies; “(V) shall not be required to comply with any State or local law relating to civil service requirements, employee rights (except civil rights), procurement, or financial or administrative controls that, in the Secretary’s written determination (which shall include the basis for such determination), substantially impedes correction of the substantial default; and “(VI) shall, without any action by a district court of the United States, have such additional authority as a district court of the United States would have the authority to confer upon a receiver to achieve the purposes of the receivership. “(ii) If, pursuant to subparagraph (B)(ii)(III)(bb), the Secretary appoints an administrative receiver to assume the responsibilities 112 STAT. 2631of the Secretary for the administration of all or part of the public housing agency (including all or part of any project or program of the agency), the Secretary may delegate to the administrative receiver any or all of the powers given the Secretary by this subparagraph, as the Secretary determines to be appropriate and subject to clause (iii). “(iii) An administrative receiver may not take an action described in subclause
(III)or
(IV)of clause
(i)unless the Secretary first approves an application by the administrative receiver to authorize such action. “(E) The Secretary may make available to receivers and other entities selected or appointed pursuant to this paragraph such assistance as the Secretary determines in the discretion of the Secretary is necessary and available to remedy the substantial deterioration of living conditions in individual public housing projects or other related emergencies that endanger the health, safety, and welfare of public housing residents or families assisted under section 8. A decision made by the Secretary under this paragraph shall not be subject to review in any court of the United States, or in any court of any State, territory, or possession of the United States. “(F) In any proceeding under subparagraph (A)(ii), upon a determination that a substantial default has occurred and without regard to the availability of alternative remedies, the court shall appoint a receiver to conduct the affairs of all or part of the public housing agency in a manner consistent with this Act and in accordance with such further terms and conditions as the court may provide. The receiver appointed may be another public housing agency, a private management corporation, or any other person or appropriate entity. The court shall have power to grant appropriate temporary or preliminary relief pending final disposition of the petition by the Secretary. “(G) The appointment of a receiver pursuant to this paragraph may be terminated, upon the petition of any party, when the court determines that all defaults have been cured or the public housing agency is capable again of discharging its duties. “(H) If the Secretary (or an administrative receiver appointed by the Secretary) takes possession of a public housing agency (including all or part of any project or program of the agency), or if a receiver is appointed by a court, the Secretary or receiver shall be deemed to be acting not in the official capacity of that person or entity, but rather in the capacity of the public housing agency, and any liability incurred, regardless of whether the incident giving rise to that liability occurred while the Secretary or receiver was in possession of all or part of the public housing agency (including all or part of any project or program of the agency), shall be the liability of the public housing agency.”. "
(b)Applicability.— The provisions of, and duties and authorities [42 USC 1437d note](/us/usc/t42/s1437d).conferred or confirmed by, the amendments made by subsection
(a)shall apply with respect to any action taken before, on, or after the effective date of this Act and shall apply to any receiver appointed for a public housing agency before the date of the enactment of this Act.
(c)Technical Correction Regarding Applicability to Section 8.— Section 8(h) of the United States Housing Act of 1937 [42 USC 1437f](/us/usc/t42/s1437f).is amended by inserting “(except as provided in section 6(j)(3))” after “section 6”. 112 STAT. 2632
(d)[42 USC 1437d note](/us/usc/t42/s1437d). Implementation.— The Secretary may administer the amendments made by subsection
(a)as necessary to ensure the efficient and effective initial implementation of this section.
(e)[42 USC 1437d note](/us/usc/t42/s1437d). Applicability.— This section shall take effect on, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 566. [42 USC 1437c](/us/usc/t42/s1437c). AUDITS. Section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by inserting after subsection
(g)the following new subsection:" “(h) Audits.— “(1) By secretary and comptroller general.— Each contract for contributions for any assistance under this Act to a public housing agency shall provide that the Secretary, the Inspector General of the Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination, have access to any books, documents, papers, and records of the public housing agency that are pertinent to this Act and to its operations with respect to financial assistance under the this Act. “(2) Withholding of amounts for audits under single audit act.— The Secretary may, in the sole discretion of the Secretary, arrange for and pay the costs of an audit required under chapter 75 of title 31, United States Code. In such circumstances, the Secretary may withhold, from assistance otherwise payable to the agency under this Act, amounts sufficient to pay for the reasonable costs of conducting an acceptable audit, including, when appropriate, the reasonable costs of accounting services necessary to place the agency’s books and records in auditable condition. As agreed to by the Secretary and the Inspector General, the Inspector General may arrange for an audit under this paragraph.”. " SEC. 567. ADVISORY COUNCIL FOR HOUSING AUTHORITY OF NEW ORLEANS.
(a)Establishment.— The Secretary and the Housing Authority of New Orleans (in this section referred to as the “Housing Authority”) shall, pursuant to the cooperative endeavor agreement in effect between the Secretary and the Housing Authority, establish an advisory council for the Housing Authority of New Orleans (in this section referred to as the “advisory council”) that complies with the requirements of this section.
(b)Membership.—
(1)Deadline. In general.— The advisory council shall be appointed by the Secretary, not later than 90 days after the date of the enactment of this Act, and shall be composed of the following members:
(A)The Inspector General of the Department of Housing and Urban Development (or the Inspector General’s designee).
(B)Not more than 7 other members, who shall be selected for appointment based on their experience in successfully reforming troubled public housing agencies or in providing affordable housing in coordination with State 112 STAT. 2633 and local governments, the private sector, affordable housing residents, or local nonprofit organizations.
(2)Prohibition on additional pay.— Members of the advisory council shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Board using amounts made available for technical assistance under section 9(h) of the United States Housing Act of 1937 (as amended by this Act).
(c)Functions.— The advisory council shall—
(1)establish standards and guidelines for assessing the Regulations.performance of the Housing Authority in carrying out operational, asset management, and financial functions for purposes of the reports and finding under subsections
(d)and (e), respectively;
(2)provide advice, expertise, and recommendations to the Housing Authority regarding the management, operation, repair, redevelopment, revitalization, demolition, and disposition of public housing projects of the Housing Authority;
(3)report to the Congress under subsection
(d)regarding Reports. any progress of the Housing Authority in improving the performance of its functions; and
(4)make a final finding to the Congress under subsection
(e)regarding the future of the Housing Authority.
(d)Quarterly Reports.— The advisory council shall report to the Congress and the Secretary not less than every 3 months regarding the performance of the Housing Authority and any progress of the authority in improving its performance and carrying out its functions.
(e)Final Finding.— Upon the expiration of the 18-month period that begins upon the appointment under subsection (b)(1) of all members of the advisory council, the advisory council shall make and submit to the Congress and the Secretary a finding of whether the Housing Authority has substantially improved its performance, the performance of its functions, and the overall condition of the Authority such that the Authority should be allowed to continue to operate as the manager of the public housing of the Authority. In making the finding under this subsection, the advisory council shall consider whether the Housing Authority has made sufficient progress in the demolition and revitalization of the Desire Homes project, the revitalization of the St. Thomas Homes project, the appropriate allocation of operating subsidy amounts, and the appropriate expending of modernization amounts.
(f)Receivership.— If the advisory council finds under sub-section
(e)that the Housing Authority has not substantially improved its performance in a manner sufficient that the Authority should be allowed to continue to operate as the manager of the public housing of the Authority, the Secretary shall (notwithstanding the conditions required under section 6(j)(3)(A) of the United States Housing Act of 1937 for action under such section) petition under clause
(ii)of section 6(j)(3)(A) for the appointment of a receiver for the Housing Authority, which receivership shall be subject to the provisions of such section.
(g)Regular Remedies.— Nothing in this section, or in the cooperative endeavor agreement in effect between the Secretary and the Housing Authority, may be construed to prevent the Secretary from taking any action with respect to the Housing Authority, 112 STAT. 2634in accordance with such section 6(j)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437d(j)(3)), as amended by this Act, that is authorized under section.
(f)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 568. TREATMENT OF TROUBLED PHA’S. Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) is amended by adding at the end the following new subsection:" “(g) Treatment of Troubled Public Housing Agencies.— “(1) Effect of troubled status on chas.— The comprehensive housing affordability strategy (or any consolidated plan incorporating such strategy) for the State or unit of general local government in which any troubled public housing agency is located shall not be considered to comply with the requirements under this section unless such plan includes a description of the manner in which the State or unit will provide financial or other assistance to such troubled agency in improving its operations to remove such designation. “(2) Definition.— For purposes of this subsection, the term ‘troubled public housing agency’ means a public housing agency that, upon the effective date of the Quality Housing and Work Responsibility Act of 1998, is designated under section 6(j)(2) of the United States Housing Act of 1937 as a troubled public housing agency.”. " Subtitle F— Safety and Security in Public and Assisted Housing SEC. 575. PROVISIONS APPLICABLE ONLY TO PUBLIC HOUSING AND SECTION 8 ASSISTANCE.
(a)Drug-Related and Criminal Activity Under Public Housing Grievance Procedure.— Section 6(k) of the United States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended, in the matter following paragraph (6)—
(1)by inserting “violent or” before “drug-related”; and
(2)by inserting “or any activity resulting in a felony conviction,” after “on or off such premises,”.
(b)Termination of Tenancy in Public Housing.— Section 6(l) of the United States Housing Act of 1937 (42 U.S.C. 1437d(l))is amended—
(1)in paragraph
(4)(as so redesignated by the preceding provisions of this Act)—
(A)by striking subparagraph
(A)and inserting the following new subparagraph:" “(A) a reasonable period of time, but not to exceed 30 days— “(i) if the health or safety of other tenants, public housing agency employees, or persons residing in the immediate vicinity of the premises is threatened; or “(ii) in the event of any drug-related or violent criminal activity or any felony conviction;”; "
(B)and in subparagraph (C), by inserting before the semicolon at the end the following: except that if a State 112 STAT. 2635or local law provides for a shorter period of time, such shorter period shall apply”;
(2)in paragraph
(7)(as so redesignated by the preceding provisions of this Act), by striking “and” at the end;
(4)by inserting after paragraph
(7)(as so redesignated by the preceding provisions of this Act), the following new paragraph:" “(7) provide that any occupancy in violation of section 576(b) of the Quality Housing and Work Responsibility Act of 1998 (relating to ineligibility of illegal drug users and alcohol abusers) or the furnishing of any false or misleading information pursuant to section 577 of such Act (relating to termination of tenancy and assistance for illegal drug users and alcohol abusers) shall be cause for termination of tenancy;”. "
(c)Availability of Criminal Records for Tenant Screening and Eviction.— Section 6(q) of the United States Housing Act of 1937 (42 U.S.C. 1437d(q)(1)) is amended—
(1)in paragraph (1)—
(A)in subparagraph (A)—
(i)by striking “subparagraph (B)” and inserting “subparagraph (C)”; and
(ii)by striking “public housing” and inserting “covered housing assistance”;
(B)by redesignating subparagraph
(B)as subparagraph (C); and
(C)by inserting after subparagraph
(A)the following new subparagraph:" “(B) Requests by owners of project-based section 8 housing.— A public housing agency may make a request under subparagraph
(A)for information regarding applicants for, or tenants of, housing that is provided project-based assistance under section 8 only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency obtain such information on behalf of the owner. Upon such a request by the owner, the agency shall make a request under subparagraph
(A)for the information. The agency may not make such information available to the owner but shall perform determinations for the owner regarding screening, lease enforcement, and eviction based on criteria supplied by the owner.”; "
(2)in paragraph (3)—
(A)by striking “Fee” and inserting “Fees”; and
(B)by adding at the end the following new sentence: “In the case of a public housing agency obtaining information pursuant to paragraph (1)(B) for another owner of housing, the agency may pass such fee on to the owner initiating the request and may charge additional reasonable fees for making the request on behalf of the owner and taking other actions for owners under this subsection.”;
(3)by striking paragraph
(5)and inserting the following new paragraph:" “(8) Definitions.— For purposes of this subsection, the following definitions shall apply: “(A) Adult.— The term ‘adult’ means a person who is 18 years of age or older, or who has been convicted 112 STAT. 2636of a crime as an adult under any Federal, State, or tribal law. “(B) Covered housing assistance.— The term ‘covered housing assistance’ means— “(i) a dwelling unit in public housing; “(ii) a dwelling unit in housing that is provided-project based assistance under section 8, including new construction and substantial rehabilitation projects; and “(iii) tenant-based assistance under section 8. “(C) Owner.— The term ‘owner means, with respect to covered housing assistance described in subparagraph(B)(ii), the entity or private person (including a cooperative or public housing agency) that has the legal right to lease or sublease dwelling units in the housing assisted.”; and "
(4)by inserting after paragraph
(4)the following new paragraphs:" “(5) Confidentiality.— A public housing agency receiving information under this subsection may use such information only for the purposes provided in this subsection and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the agency and who has a job-related need to have access to the information in connection with admission of applicants, eviction of tenants, or termination of assistance. For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary Regulations.shall, by regulation, establish procedures necessary to ensure that information provided under this subsection to a public housing agency is used, and confidentiality of such information is maintained, as required under this subsection. The Secretary shall establish standards for confidentiality of information obtained under this subsection by public housing agencies on behalf of owners. “(6) Penalty.— Any person who knowingly and willfully requests or obtains any information concerning an applicant for, or tenant of, covered housing assistance pursuant to the authority under this subsection under false pretenses, or any person who knowingly and willfully discloses any such information in any manner to any individual not entitled under any law to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. The term ‘person’ as used in this paragraph include an officer, employee, or authorized representative of any public housing agency. “(7) Civil Action.— Any applicant for, or tenant of, covered housing assistance affected by
(A)a negligent or knowing disclosure of information referred to in this subsection about such person by an officer, employee, or authorized representative of any public housing agency, which disclosure is not authorized by this subsection, or
(B)any other negligent or knowing action that is inconsistent with this subsection, may bring a civil action for damages and such other relief as may be appropriate against any public housing agency responsible for such Courts.unauthorized action. The district court of the United States in the district in which the affected applicant or tenant resides, in which such unauthorized action occurred, or in which the officer, employee, or representative alleged to be responsible for any such unauthorized action resides, shall have jurisdiction 112 STAT. 2637in such matters. Appropriate relief that may be ordered by such district courts shall include reasonable attorney’s fees and other litigation costs.”. "
(d)Authority To Require Access to Criminal Records.— Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:" “(t) Authority To Require Access to Criminal Records.— A public housing agency may require, as a condition of providing admission to the public housing program or assisted housing program under the jurisdiction of the public housing agency, that each adult member of the household provide a signed, written authorization for the public housing agency to obtain records described in subsection (q)(1) regarding such member of the household from the National Crime Information Center, police departments, and other law enforcement agencies.”. "
(e)Obtaining Information From Drug Abuse Treatment Facilities.— Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:" “(u) Obtaining Information From Drug Abuse Treatment Facilities.— “(1) Authority.— Notwithstanding any other provision of law other than the Public Health Service Act (42 U.S.C. 201 et seq.), a public housing agency may require each person who applies for admission to public housing to sign one or more forms of written consent authorizing the agency to receive information from a drug abuse treatment facility that is solely related to whether the applicant is currently engaging in the illegal use of a controlled substance. “(2) Confidentiality of applicant’s records.— “(A) Limitation on information requested.— In a form of written consent, a public housing agency may request only whether the drug abuse treatment facility has reasonable cause to believe that the applicant is currently engaging in the illegal use of a controlled substance. “(B) Records management.— Each public housing agency that receives information under this subsection from a drug abuse treatment facility shall establish and implement a system of records management that ensures that any information received by the public housing agency under this subsection— “(i) is maintained confidentially in accordance with section 543 of the Public Health Service Act (12 U.S.C. 290dd-2); “(ii) is not misused or improperly disseminated; and “(iii) is destroyed, as applicable— “(I) not later than 5 business days after the date on which the public housing agency gives final approval for an application for admission; or “(II) if the public housing agency denies the application for admission, in a timely manner after the date on which the statute of limitations for the commencement of a civil action from the 112 STAT. 2638applicant based upon that denial of admission has expired. “(C) Expiration of written consent.— In addition to the requirements of subparagraph (B), an applicant’s signed written consent shall expire automatically after the public housing agency has made a final decision to either approve or deny the applicant’s application for admittance to public housing. “(3) Prohibition of discriminatory treatment of applicants.— “(A) Forms signed.— A public housing agency may only require an applicant for admission to public housing to sign one or more forms of written consent under this subsection if the public housing agency requires all such applicants to sign the same form or forms of written consent. “(B) Circumstances of inquiry.— A public housing agency may only make an inquiry to a drug abuse treatment facility under this subsection if— “(i) the public housing agency makes the same inquiry with respect to all applicants; or “(ii) the public housing agency only makes the same inquiry with respect to each and every applicant with respect to whom— “(I) the public housing agency receives information from the criminal record of the applicant that indicates evidence of a prior arrest or conviction; or “(II) the public housing agency receives information from the records of prior tenancy of the applicant that demonstrates that the applicant— “(aa) engaged in the destruction of property; “(bb) engaged in violent activity against another person; or “(cc) interfered with the right of peaceful enjoyment of the premises of another tenant. “(4) Fee permitted.— A drug abuse treatment facility may charge a public housing agency a reasonable fee for information provided under this subsection. “(5) Disclosure permitted by treatment facilities.— A drug abuse treatment facility shall not be liable for damages based on any information required to be disclosed pursuant to this subsection if such disclosure is consistent with section 543 of the Public Health Service Act (42 U.S.C. 290dd-2). “(6) Option to not request information.— A public housing agency shall not be liable for damages based on its decision not to require each person who applies for admission to public housing to sign one or more forms of written consent authorizing the public housing agency to receive information from a drug abuse treatment facility under this subsection. “(7) Definitions.— For purposes of this subsection, the following definitions shall apply: “(A) Drug abuse treatment facility.— The term ‘drug abuse treatment facility’ means an entity that— “(i) is— 112 STAT. 2639 “(I) an identified unit within a general medical care facility; or “(II) an entity other than a general medical care facility; and “(ii) holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal use of a controlled substance. “(B) Controlled substance.— The term ‘controlled substance’ has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). “(C) Currently engaging in the illegal use of a controlled substance.— The term ‘currently engaging in the illegal use of a controlled substance’ means the illegal use of a controlled substance that occurred recently enough to justify a reasonable belief that an applicant’s illegal use of a controlled substance is current or that continuing illegal use of a controlled substance by the applicant is a real and ongoing problem. “(8) Effective date.— This subsection shall take effect upon enactment and without the necessity of guidance from, or any regulation issued by, the Secretary”. " SEC. 576. SCREENING OF APPLICANTS FOR FEDERALLY ASSISTED HOUSING42 USC 13661..
(a)Ineligibility Because of Eviction for Drug Crimes.— Any tenant evicted from federally assisted housing by reason of drug related criminal activity (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) shall not be eligible for federally assisted housing during the 3-year period beginning on the date of such eviction, unless the evicted tenant successfully completes a rehabilitation program approved by the public housing agency (which shall include a waiver of this subsection if the circumstances leading to eviction no longer exist).
(b)Ineligibility of Illegal Drug Users and Alcohol Abusers.—
(1)In general.— Notwithstanding any other provision of Standards. law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to federally assisted housing for any household with a member—
(A)who the public housing agency or owner determines is illegally using a controlled substance; or
(B)with respect to whom the public housing agency or owner determines that it has reasonable cause to believe that such household member’s illegal use (or pattern of illegal use) of a controlled substance, or abuse (or pattern of abuse) of alcohol, may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
(2)Consideration of rehabilitation.— In determining whether, pursuant to paragraph (1)(B), to deny admission to the program or federally assisted housing to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member— 112 STAT. 2640
(A)has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable);
(B)has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable); or
(C)is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable).
(c)Authority To Deny Admission To Criminal Offenders.— Except as provided in subsections
(a)and
(b)of this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to the program or to federally assisted housing, if the public housing agency or owner of such housing (as applicable) determines that an applicant or any member of the applicant’s household is or was, during a reasonable time preceding the date when the applicant household would otherwise be selected for admission, engaged in any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees, the public housing agency or owner may—
(1)deny such applicant admission to the program or to federally assisted housing; and
(2)after the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or to federally assisted housing, to submit to the public housing agency or owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant’s household who engaged in criminal activity for which denial was made under paragraph
(1)have not engaged in any criminal activity during such reasonable period.
(d)Conforming Amendments.— The United States Housing Act of 1937 is amended—
(1)[42 USC 1437d](/us/usc/t42/s1437d). in section 6—
(A)by striking subsection (r); and
(B)by redesignating subsections (s), (t), and
(u)(as added by the preceding provisions of this Act) as subsections (r), (s), and (t), respectively; and
(2)in section 16 (42 U.S.C. 1437n), by striking subsection(e). SEC. 577. [42 USC 13662](/us/usc/t42/s13662). TERMINATION OF TENANCY AND ASSISTANCE FOR ILLEGAL DRUG USERS AND ALCOHOL ABUSERS IN FEDERALLY ASSISTED HOUSING.
(a)Standards. In General.— Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing (as applicable), shall establish standards or lease provisions for continued assistance or occupancy in federally assisted housing that allow the agency or owner (as applicable) to terminate the tenancy or assistance for any household with a member—
(1)who the public housing agency or owner determines is illegally using a controlled substance; or 112 STAT. 2641
(2)whose illegal use (or pattern of illegal use) of a controlled substance, or whose abuse (or pattern of abuse) of alcohol, is determined by the public housing agency or owner to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents.
(b)Consideration of Rehabilitation.— In determining whether, pursuant to subsection (a)(2), to terminate tenancy or assistance to any household based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, a public housing agency or an owner may consider whether such household member—
(1)has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable);
(2)has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable); or
(3)is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable). SEC. 578. INELIGIBILITY OF DANGEROUS SEX OFFENDERS FOR ADMISSION TO PUBLIC HOUSING[42 USC 13663](/us/usc/t42/s13663)..
(a)In General.— Notwithstanding any other provision of law, an owner of federally assisted housing shall prohibit admission to such housing for any household that includes any individual who is subject to a lifetime registration requirement under a State sex offender registration program.
(b)Obtaining information.— As provided in regulations issued by the Secretary to carry out this section—
(1)a public housing agency shall carry out criminal history background checks on applicants for federally assisted housing and make further inquiry with State and local agencies as necessary to determine whether an applicant for federally assisted housing is subject to a lifetime registration requirement under a State sex offender registration program; and
(2)State and local agencies responsible for the collection or maintenance of criminal history record information or information on persons required to register as sex offenders shall comply with requests of public housing agencies for information pursuant to this section.
(c)Requests By Owners For PHA’s To Obtain Information.— A public housing agency may take any action under subsection
(b)regarding applicants for, or tenants of, federally assisted housing other than federally assisted housing described in subparagraph
(A)or
(B)of section 579(a)(2), but only if the housing is located within the jurisdiction of the agency and the owner of such housing has requested that the agency take such action on behalf of the owner. Upon such a request by the owner, the agency shall take the action requested under subsection (b). The agency may not make any information obtained pursuant to the action under subsection
(b)available to the owner but shall perform determinations for the owner regarding screening, lease enforcement, and eviction based on criteria supplied by the owner. 112 STAT. 2642
(d)Records. Opportunity To Dispute.— Before an adverse action is taken with respect to an applicant for federally assisted housing on the basis that an individual is subject to a lifetime registration requirement under a State sex offender registration program, the public housing agency obtaining the record shall provide the tenant or applicant with a copy of the registration information and an opportunity to dispute the accuracy and relevance of that information.
(e)Fee.— A public housing agency may be charged a reasonable fee for taking actions under subsection (b). In the case of a public housing agency taking actions on behalf of another owner of federally assisted housing pursuant to subsection (c), the agency may pass such fee on to the owner making the request and may charge an additional reasonable fee for making the request on behalf of the owner.
(f)Records Management.— Each public housing agency shall establish and implement a system of records management that ensures that any criminal record or information regarding a life time registration requirement under a State sex offender registration program that is obtained under this section by the public housing agency is—
(1)maintained confidentially;
(2)not misused or improperly disseminated; and
(3)destroyed, once the purpose for which the record was requested has been accomplished. SEC. 579. DEFINITIONS[42 USC 13664](/us/usc/t42/s13664)..
(a)Definitions.— For purposes of this subtitle, the following definitions shall apply:
(1)Drug-related criminal activity.— The term “drug- related criminal activity” has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(2)Federally assisted housing.— The term “federally assisted housing” means a dwelling unit—
(A)in public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a));
(B)assisted with tenant-based assistance under section 8 of the United States Housing Act of 1937;
(C)in housing that is provided project-based assistance under section 8 of the United States Housing Act of 1937, including new construction and substantial rehabilitation projects;
(D)in housing that is assisted under section 202 of the Housing Act of 1959 (as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act);
(E)in housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzalez National Affordable Housing Act;
(F)in housing that is assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act;
(G)in housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act; 112 STAT. 2643
(H)in housing insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act; or
(I)in housing assisted under section 514 or 515 of the Housing Act of 1949.
(3)OWNER.— The term “owner” means, with respect to federally assisted housing, the entity or private person (including a cooperative or public housing agency) that has the legal right to lease or sublease dwelling units in such housing. Subtitle G— Repeals and Related Provisions SEC. 581. ANNUAL REPORT[42 USC 1437 note](/us/usc/t42/s1437)..
(a)In General.— Not later than 1 year after the date of the Deadline.enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Congress on—
(1)the impact of the amendments made by this Act on—
(A)the demographics of public housing residents and families receiving tenant-based assistance under the United States Housing Act of 1937; and
(B)the economic viability of public housing agencies; and
(2)the effectiveness of the rent policies established by this Act and the amendments made by this Act on the employment status and earned income of public housing residents.
(b)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 582. REPEALS RELATING TO PUBLIC HOUSING AND SECTION 8 PROGRAMS.
(a)In General.— The following provisions of law are hereby repealed:
(1)Public housing rent waivers for police.— Section 519 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437a-1).
(2)Treatment of certificate and voucher holders.— Subsection
(c)of section 183 of the Housing and Community Development Act of 1987 (42 U.S.C. 1437f note).
(3)Report regarding fair housing objectives.— Section 153 of the Housing and Community Development Act of 1992 (42 U.S.C. 1437f note).
(4)Miscellaneous provisions.— Subsections (b)(1) and
(c)of section 326 of the Housing and Community Development Amendments of 1981 (Public Law 97–35, 95 Stat. 406; 42 U.S.C. 1437f note).
(5)Payment for development managers.— Section 329A of the Housing and Community Development Amendments of 1981 (42 U.S.C. 1437j-1).
(6)Public housing childhood development.— Section 222 of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701z-6 note).
(7)Indian housing childhood development.— Section 518 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701z-6 note). 112 STAT. 2644
(8)Public housing comprehensive transition demonstration.— Section 126 of the Housing and Community Development Act of 1987 (42 U.S.C. 1437f note).
(9)Public housing one-stop perinatal services demonstration.— Section 521 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437t note).
(10)Public housing mincs demonstration.— Section 522 of the Cranston-Gonzalez National Affordable Housing Act (42U.S.C. 1437f note).
(11)Public housing energy efficiency demonstration.— Section 523 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437g note).
(12)Omaha homeownership demonstration.— Section 132 of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3712).
(13)Public and assisted housing youth sports programs.— Section 520 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 11903a).
(14)Multifamily financing.— The penultimate sentence of section 302(b)(2) of the National Housing Act (12 U.S.C.1717(b)(2)) and the penultimate sentence of section 305(a)(2) of the Emergency Home Finance Act of 1970 (12 U.S.C.1454(a)(2)).
(15)Special projects for elderly or handicapped families.— Section 209 of the Housing and Community Development Act of 1974 (42 U.S.C. 1438).
(b)[12 USC 1454 note](/us/usc/t12/s1454). Savings Provision.— Except to the extent otherwise provided in this Act, the repeals made by subsection
(a)shall not affect any legally binding obligations entered into before the effective date under section 503(a) of this Act. SEC. 583. PUBLIC HOUSING FLEXIBILITY IN CHAS. Section 105(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(b)) is amended—
(1)by transferring and inserting the flush material that precedes the first paragraph that is designated as
(17)(relating to abbreviated housing strategies and consisting of 2 sentences) to the end of the subsection (following the last numbered paragraph);
(2)by redesignating the second paragraph that is designated as paragraph
(17)(as added by section 681(2) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3830)) as paragraph (20);
(3)by redesignating paragraph
(17)(as added by section 220(b)(3) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3761)) as paragraph (19);
(4)in the second paragraph designated as paragraph
(16)(as so designated by section 220(c)(1) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3762))—
(A)by striking “and” at the end; and
(B)by striking “(16)” and inserting “(18)”;
(5)in paragraph
(16)(as added by section 1014(3) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3908))—
(A)by striking the period at the end and inserting a semicolon; and 112 STAT. 2645
(B)by striking “(16)” and inserting “(17)”;
(6)by redesignating paragraphs
(11)through
(15)as paragraphs
(12)through (16), respectively; and
(7)by inserting after paragraph
(10)the following new paragraph:" “(11) describe the manner in which the plan of the jurisdiction will help address the needs of public housing;”. " SEC. 584. USE OF AMERICAN PRODUCTS[42 USC 1437 note](/us/usc/t42/s1437)..
(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)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 585. GAO STUDY ON HOUSING ASSISTANCE PROGRAM COSTS[42 USC 1437 note](/us/usc/t42/s1437)..
(a)Study.— The Comptroller General of the United States shall conduct a study that provides an objective and independent accounting and analysis of the full cost to the Federal Government, public housing agencies, State and local governments, and other entities, per assisted household, of the Federal assisted housing programs, taking into account the qualitative differences among Federal assisted housing programs in accordance with applicable standards of the Department of Housing and Urban Development.
(b)Contents.— The study under this section shall—
(1)analyze the full cost to the Federal Government, public housing agencies, State and local governments, and other parties, per assisted household, of the Federal assisted housing programs, in accordance with generally accepted accounting principles, and shall conduct the analysis on a nationwide and regional basis and in a manner such that accurate per unit cost comparisons may be made between Federal assisted housing programs, including grants, direct subsidies, tax concessions, Federal mortgage insurance liability, periodic renovation and rehabilitation, and modernization costs, demolition costs, and other ancillary costs such as security; and
(2)measure and evaluate qualitative differences among Federal assisted housing programs in accordance with applicable standards of the Department of Housing and Urban Development.
(c)Prohibition of Recommendations.— In conducting the study under this section and reporting under subsection (e), the Comptroller General may not make any recommendations regarding Federal housing policy.
(d)Federal Assisted Housing Programs.— For purposes of this section, the term “Federal assisted housing programs” means—
(1)the public housing program under the United States Housing Act of 1937, except that the study under this section shall differentiate between and compare the development and construction of new public housing and the assistance of existing public housing structures; 112 STAT. 2646
(2)the certificate program for rental assistance under section 8(b)(1) of the United States Housing Act of 1937;
(3)the voucher program for rental assistance under section 8(o) of the United States Housing Act of 1937;
(4)the programs for project-based assistance under section 8 of the United States Housing Act of 1937;
(5)the rental assistance payments program under section 521(a)(2)(A) of the Housing Act of 1949;
(6)the program for housing for the elderly under section 202 of the Housing Act of 1959;
(7)the program for housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act;
(8)the program for financing housing by a loan or mortgage insured under section 221(d)(3) of the National Housing Act that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act;
(9)the program under section 236 of the National Housing Act;
(10)the program for construction or substantial rehabilitation under section 8(b)(2) of the United States Housing Act of 1937, as in effect before October 1, 1983; and
(11)any other program for housing assistance administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture, under which occupancy in the housing assisted or housing assistance provided is based on income, as the Comptroller General may determine.
(e)Deadline. Report.— Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall submit to the Congress a final report which shall contain the results of the study under this section, including the analysis and estimates required under subsection (b).
(f)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 586. Public and Assisted Housing Drug Elimination Program Amendments of 1998.Law enforcement and crime.[42 USC 11901 note](/us/usc/t42/s11901). AMENDMENTS TO PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION ACT OF 1990.
(a)Short Title.— This section may be cited as the “Public and Assisted Housing Drug Elimination Program Amendments of 1998”.
(b)Findings.— Section 5122 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901) is amended—
(1)in paragraph (2), by inserting “or violent” after “drug-related”;
(2)in paragraph (4)—
(A)by inserting “and violent” after “drug-related”; and
(B)by striking “and” at the end;
(3)in paragraph (5), by striking the period at the end and inserting a semicolon; and
(4)by adding at the end the following new paragraphs:" “(6) the Federal Government should provide support for effective safety and security measures to combat drug-related and violent crime, primarily in and around public housing projects with severe crime problems; “(7) closer cooperation should be encouraged between public and assisted housing managers, local law enforcement agencies, 112 STAT. 2647and residents in developing and implementing anti-crime programs; and “(8) anti-crime strategies should be improved through the expansion of community-oriented policing initiatives.”. "
(c)Authority to Make Grants.— Section 5123 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11902) is amended—
(1)by inserting “(a) In General.—” before “The”;
(2)by striking “tribally designated housing entities” and inserting “recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996”;
(3)by inserting “and violent” after “drug-related”; and
(4)by adding at the end the following new subsection:" “(b) Consortia.— Subject to terms and conditions established by the Secretary, public housing agencies may form consortia for purposes of applying for grants under this chapter.”. "
(d)Eligible Activities.— Section 5124 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11903) is amended—
(1)in subsection (a)—
(A)in paragraph (4)(A), by striking “drug-related crime on or about” and inserting “drug-related or violent crime in and around”;
(B)in paragraph (6), by striking “and” at the end;
(C)in paragraph (7)—
(i)by striking “tribally designated housing entity” and inserting “recipient of assistance under the Native American Housing Assistance and Self-Determination Act of 1996”; and
(ii)by striking the period at the end and inserting “; and”; and
(8)by adding at the end the following new paragraph:" “(8) sports programs and sports activities that serve primarily youths from public or other federally assisted low-income housing projects and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around such projects.”; and "
(2)in subsection (b)—
(A)in the matter preceding paragraph (1), by striking “drug-related crime in” and inserting “drug-related crime in and around”; and
(B)in paragraph (2), by striking “drug-related activity at” and inserting “drug-related or violent activity in or around”.
(e)Applications.— Section 5125 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11904) is amended—
(1)in subsection (a)—
(A)by striking “tribally designated housing entity” and inserting “recipient of assistance under the Native American Housing Assistance and Self-Determination Act of 1996”;
(B)by striking “crime on the premises” and inserting “or violent crime in and around”; and
(C)by inserting before the period at the end the following: “, which plan shall be coordinated with and may be included in the public housing agency plan submitted to the Secretary pursuant to section 5A of the United States Housing Act of 1937”; 112 STAT. 2648
(2)in subsection (b)—
(A)in the matter that precedes paragraph (1), by striking “Except as” and all that follows through “on—” and inserting the following: “The Secretary shall approve applications under subsection
(b)that are not subject to a preference under subsection (b)(2)(A) on the basis of thresholds or criteria such as”and
(B)in paragraph (1), by striking “crime problem in” and inserting “or violent crime problem in and around”;
(3)in subsection (c)—
(A)in the matter preceding paragraph (1), by striking “subsection (b)” and inserting “subsection (c)”; and
(B)in paragraph (2), by inserting “or violent” after “drug-related” each place it appears;
(4)in subsection (d), by striking “subsection (b)” and inserting “subsection (c)”;
(5)by redesignating subsections
(b)through
(d)as subsections
(c)through (e), respectively; and
(6)by inserting after subsection
(a)the following new subsection:" “(b) One-Year Renewable Grants.— “(1) In general.— An eligible applicant that is a public housing agency may apply for a 1-year grant under this chapter that, subject to the availability of appropriated amounts, shall be renewed annually for a period of not more than 4 additional years, except that such renewal shall be contingent upon the Secretary finding, upon an annual or more frequent review, that the grantee agency is performing under the terms of the grant and applicable laws in a satisfactory manner and meet such other requirements as the Secretary may prescribe. The Secretary may adjust the amount of any grant received or renewed under this paragraph to take into account increases or decreases in amounts appropriated for these purposes or such other factors as the Secretary determines to be appropriate. “(2) Eligibility and preference.— The Secretary may not provide assistance under this chapter to an applicant that is a public housing agency unless— “(A) the agency will use the grants to continue or expand activities eligible for assistance under this chapter, as in effect immediately before the effective date under section 503(a) of the Quality Housing and Work Responsibility Act of 1998, in which case the Secretary shall provide preference to such applicant; except that preference under this subparagraph shall not preclude selection by the Secretary of other meritorious applications that address urgent or serious crime problems nor be construed to require continuation of activities determined by the Secretary to be unworthy of continuation; or “(B) the agency is in the class established under para-graph (3). “(3) Regulations. Pha’s having urgent or serious crime problems.— The Secretary shall, by regulations issued after notice and opportunity for public comment, set forth criteria for establishing a class of public housing agencies that have urgent or serious crime problems. The Secretary may reserve a portion of the amount appropriated to carry out this chapter in each 112 STAT. 2649fiscal year only for grants for public housing agencies in such class, except that any amounts from such portion reserved that are not obligated to agencies in the class shall be made available only for agencies that are subject to a preference under paragraph (2)(A). “(4) Inapplicability to federally assisted low-income housing.— The provisions of this subsection shall not apply to federally assisted low-income housing.”. "
(f)Definitions.— Section 5126 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11905) is amended by striking paragraph
(5)and inserting the following new paragraph:" “(5) Recipient.— The term ‘recipient’, when used in reference to the Native American Housing Assistance and Self-Determination Act of 1996, has the meaning given such term in section 4 of such Act.”. "
(g)Reports, Monitoring, and Funding.— Chapter 2 of subtitle C of title V of the Anti-Drug Abuse Act of 1988 is amended by [42 USC 11906–11909](/us/usc/t42/s11906–11909).striking sections 5127, 5128, 5129, and 5130 and inserting the following new sections:" “SEC. 5127. REPORTS[42 USC 11906](/us/usc/t42/s11906).. “(a) Grantee Reports.— The Secretary shall require grantees under this chapter to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in section 5125(a), and any change in the incidence of drug-related crime in projects assisted under this chapter. “(b) HUD Reports.— The Secretary shall submit a report to Deadline.the Congress not later than 18 months after the date of the enactment of the Quality Housing and Work Responsibility Act of 1998 describing the system used to distribute funding to grantees under this section, which shall include descriptions of— “(1) the methodology used to distribute amounts made available under this chapter among public housing agencies, including provisions used to provide for renewals of ongoing programs funded under this chapter; and “(2) actions taken by the Secretary to ensure that amounts made available under this chapter are not used to fund baseline local government services, as described in section 5128(b). “(c) Notice of Funding Awards.— The Secretary shall cause Federal Register, publication. to be published in the Federal Register notice of all grant awards made pursuant to this chapter, which shall identify the grantees and the amount of the grants. Such notice shall be published not less frequently than annually. “SEC. 5128. MONITORING[42 USC 11907](/us/usc/t42/s11907).. “(a) In General.— The Secretary shall audit and monitor the programs funded under this chapter to ensure that assistance provided under this chapter is administered in accordance with the provisions of this chapter. “(b) Prohibition of Funding Baseline Services.— “(1) In general.— Amounts provided under this chapter may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperation agreement under section 5(e)(2) of the United States Housing Act of 1937 or any provision of an annual 112 STAT. 2650contributions contract for payments in lieu of taxation pursuant to section 6(d) of such Act. “(2) Description.— Each public housing agency that receives grant amounts under this chapter shall describe, in the report under section 5127(a), such baseline of services for the unit of general local government in which the jurisdiction of the agency is located. “(c) Enforcement.— The Secretary shall provide for the effective enforcement of this section, which may include the use of onsite monitoring, independent public audit requirements, certification by local law enforcement or local government officials regarding the performance of baseline services referred to in subsection (b), and entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this chapter. “SEC. 5129. [42 USC 11908](/us/usc/t42/s11908). AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— There are authorized to be appropriated to carry out this chapter $310,000,000 for fiscal year 1999, and such sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003. “(b) Set-Aside for Federally Assisted Low-Income Housing.— Of any amounts made available in any fiscal year to carry out this chapter not more than 6.25 percent shall be available for grants for federally assisted low-income housing. “(c) Set-Aside for Technical Assistance and Program Over-sight.— Of any amounts appropriated in any fiscal year to carry out this chapter, amounts shall be available to the extent provided in appropriations Acts to provide training, technical assistance, contract expertise, program oversight, program assessment, execution, and other assistance for or on behalf of public housing agencies, recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996, resident organizations, and officials and employees of the Department (including training and the cost of necessary travel for participants in such training, by or to officials and employees of the Department and of public housing agencies, and to residents and to other eligible grantees). Assistance and other activities carried out using amounts made available under this subsection may be provided directly or indirectly by grants, contracts, or cooperative agreements.”. " SEC. 587. [42 USC 11907 note](/us/usc/t42/s11907). REVIEW OF DRUG ELIMINATION PROGRAM CONTRACTS.
(a)Requirement.— The Secretary of Housing and Urban Development shall investigate all security contracts awarded by grantees under the Public and Assisted Housing Drug Elimination Act of 1990 (42 U.S.C. 11901 et seq.) that are public housing agencies that own or operate more than 4,500 public housing dwelling units—
(1)to determine whether the contractors under such contracts have complied with all laws and regulations regarding prohibition of discrimination in hiring practices;
(2)to determine whether such contracts were awarded in accordance with the applicable laws and regulations regarding the award of such contracts;
(3)to determine how many such contracts were awarded under emergency contracting procedures; and
(4)to evaluate the effectiveness of the contracts.
(b)Deadline. Report.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall complete the investigation 112 STAT. 2651required under subsection
(a)and submit a report to the Congress regarding the findings under the investigation. With respect to each such contract, the report shall
(1)state whether the contract was made and is operating, or was not made or is not operating, in full compliance with applicable laws and regulations, and
(2)for each contract that the Secretary determines is in such compliance issue a certification of such compliance by the Secretary of Housing and Urban Development.
(c)Actions.— For each contract that is described in the report under subsection
(b)as not made or not operating in full compliance with applicable laws and regulations, the Secretary of Housing and Urban Development shall promptly take any actions available under law or regulation that are necessary—
(1)to bring such contract into compliance; or
(2)to terminate the contract.
(d)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 588. PROHIBITION ON USE OF ASSISTANCE FOR EMPLOYMENT RELOCATION ACTIVITIES. Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following new subsection:" “(h) Prohibition on Use of Assistance for Employment Relocation Activities.— Notwithstanding any other provision of law, no amount from a grant under section 106 made in fiscal year 1999 or any succeeding fiscal year may be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from 1 area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs.”. " SEC. 589. TREATMENT OF OCCUPANCY STANDARDS[42 USC 3608 note](/us/usc/t42/s3608).Deadline.Federal Register, publication.Notice..
(a)Establishment of Policy.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall publish a notice in the Federal Register for effect that takes effect upon publication and provides that the specific and unmodified standards provided in the March 20, 1991, Memorandum from the General Counsel of the Department of Housing and Urban Development to all Regional Counsel shall be the policy of the Department of Housing and Urban Development with respect to complaints of discrimination under the Fair Housing Act (42 U.S.C. 3601 et seq.) on the basis of familial status which involve an occupancy standard established by a housing provider.
(b)Prohibition of National Standard.— The Secretary of Housing and Urban Development shall not directly or indirectly establish a national occupancy standard. SEC. 590. INCOME ELIGIBILITY FOR HOME AND CDBG PROGRAMS[42 USC 5301 note](/us/usc/t42/s5301)..
(a)In General.— The Secretary of Housing and Urban Development shall, for not less than 10 jurisdictions that are metropolitan cities or urban counties for purposes of title I of the Housing and Community Development Act of 1974, grant exceptions not later than 90 days after the date of the enactment of this Act for such jurisdictions that provide that—
(1)for purposes of the HOME investment partnerships program under title II of the Cranston-Gonzalez National 112 STAT. 2652Affordable Housing Act, the limitation based on percentage of median income that is applicable under section 104(10), 214(1)(A), or 215(a)(1)(A) for any area of the jurisdiction shall be the numerical percentage that is specified in such section; and
(2)for purposes of the community development block grant program under title I of the Housing and Community Development Act of 1974, the limitation based on percentage of median income that is applicable pursuant to section 102(a)(20) for any area within the State or unit of general local government shall be the numerical percentage that is specified in subparagraph
(A)of such section.
(b)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC 591. [42 USC 3535 note](/us/usc/t42/s3535). REPORT ON SINGLE FAMILY AND MULTIFAMILY HOMES.
(a)Deadline. In General.— Not later than 12 months after the date of the enactment of this Act, the Inspector General of the Department of Housing and Urban Development shall submit to the Congress a report, which shall include information relating to—
(1)with respect to 1- to 4-family dwellings owned by the Department of Housing and Urban Development, on a monthly average basis—
(A)the total number of units in those dwellings;
(B)the number and percentage of units in those dwellings that are unoccupied, and their average period of vacancy, and the number and percentage of units in those dwellings that have been unoccupied for more than 1 year, as of that date; and
(C)the number and percentage of units in those projects that are determined by the Inspector General to be substandard, based on any—
(i)lack of hot or cold piped water;
(ii)lack of working toilets;
(iii)regular and prolonged breakdowns in heating;
(iv)dangerous electrical problems;
(v)unsafe hallways or stairways;
(vi)leaking roofs, windows, or pipes;
(vii)open holes in walls and ceilings; and
(viii)indications of rodent infestation; and
(2)with respect to multifamily housing projects (as that term is defined in section 203 of the Housing and Community Development Amendments of 1978) owned by the Department of Housing and Urban Development on a monthly average basis—
(A)the total number of units in those projects;
(B)the number and percentage of units in those projects that are unoccupied, and their average period of vacancy, and the number and percentage of units in those projects that have been unoccupied for more than 1 year, as of that date; and
(C)the number and percentage of units in those projects that are determined by the Inspector General to be substandard, based on any—
(i)lack of hot or cold piped water;
(ii)lack of working toilets;
(iii)regular and prolonged breakdowns in heating; 112 STAT. 2653
(iv)dangerous electrical problems;
(v)unsafe hallways or stairways;
(vi)leaking roofs, windows, or pipes;
(vii)open holes in walls and ceilings; and
(viii)indications of rodent infestation; and
(3)the Department’s plans and operations to address vacancies and substandard physical conditions described in paragraphs
(1)and (2).
(b)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 592. USE OF ASSISTED HOUSING BY ALIENS.
(a)In General.— Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended—
(1)in subsection (b)(2), by striking “Secretary of Housing and Urban Development” and inserting “applicable Secretary”;
(2)in subsection (c)(1)(B), by moving clauses
(ii)and
(iii)2 ems to the left;
(3)in subsection (d)—
(A)in paragraph (I)(A)—
(i)by striking “Secretary of Housing and Urban Development” and inserting “applicable Secretary”; and
(ii)by striking “the Secretary” and inserting “the applicable Secretary”;
(B)in paragraph (2), in the matter following subparagraph (B)—
(i)by inserting “applicable” before “Secretary”; and
(ii)by moving such matter (as so amended by clause (i)) 2 ems to the right;
(C)in paragraph (4)(B)(ii), by inserting “applicable” before “Secretary”;
(D)in paragraph (5), by striking “the Secretary” and inserting “the applicable Secretary”; and
(E)in paragraph (6), by inserting “applicable” before “Secretary”;
(4)in subsection
(h)(as added by section 576 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208))—
(A)in paragraph (1)—
(i)by striking “Except in the case of an election under paragraph (2)(A), no” and inserting “No”;
(ii)by striking “this section” and inserting “subsection (d)”; and
(iii)by inserting “applicable” before “Secretary”; and
(B)in paragraph (2)—
(i)by striking subparagraph
(A)and inserting the following new subparagraph:" “(A) may, notwithstanding paragraph
(1)of this subsection, elect not to affirmatively establish and verify eligibility before providing financial assistance”; and "
(ii)in subparagraph (B), by striking “in complying with this section” and inserting “in carrying out subsection (d)”; and
(5)by redesignating subsection
(h)(as amended by paragraph (4)) as subsection (i). 112 STAT. 2654
(b)[42 USC 1436a note](/us/usc/t42/s1436a). Effective Date.— The amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 593. PROTECTION OF SENIOR HOMEOWNERS UNDER REVERSE MORTGAGE PROGRAM.
(a)Mortgage Insurance Authority.— Section 255(g) of the National Housing Act (12 U.S.C. 1715z–20(g)) is amended by striking the first 2 sentences and inserting the following new sentence: “The aggregate number of mortgages insured under this section may not exceed 150,000.”.
(b)Other Approaches to Consumer Education.— Section 255(f) of the National Housing Act (12 U.S.C. 1715z–20(f)) is amended by adding after paragraph
(5)the following:" “The Secretary shall consult with consumer groups, industry representatives, representatives of counseling organizations, and other interested parties to identify alternative approaches to providing consumer information required by this subsection that may be feasible and desirable for home equity conversion mortgages insured under this section and other types of reverse mortgages. The Secretary may, in lieu of providing the consumer education required by this subsection, adopt alternative approaches to consumer education that may be developed as a result of such consultations, but only if the alternative approaches provide all of the information specified in this subsection.”".
(c)Funding for Counseling and Consumer Education and Outreach.— Section 255 of the National Housing Act (12 U.S.C.1715z–20) is amended by adding at the end the following new subsection:" “(l) Funding for Counseling and Consumer Education and outreach.— Of any amounts made available for any of fiscal years 2000 through 2003 for housing counseling under section 106 of the Housing and Urban Development Act of 1968, up to a total of $1,000,000 shall be available to the Secretary in each such fiscal year, in such amounts as the Secretary determines appropriate, for the following purposes in connection with home equity conversion mortgages insured under this section: “(1) Counseling.— For housing counseling authorized by section 106 of the Housing and Urban Development Act of 1968. “(2) Consumer education.— For transfer to the departmental salaries and expenses account for consumer education and outreach activities.”. "
(d)Conforming Amendments.— Section 255 of the National Housing Act (12 U.S.C. 1715z–20) is amended—
(1)in the section heading, by striking “demonstration program of”;
(2)in subsections
(a)and (i)(1), by striking “demonstration” each place it appears;
(3)in subsection (a)—
(A)in paragraph (1), by inserting “and” after the semi-colon at the end;
(B)in paragraph (2), by striking “; and” at the end and inserting a period; and
(C)by striking paragraph (3);
(4)by striking subsection
(k)(relating to reports to Congress); and 112 STAT. 2655
(5)by redesignating subsection
(1)(as added by subsection(c) of this section) as subsection (k).
(e)Disclosure Requirements and Prohibition of Funding of Unnecessary or Excessive Costs.—
(1)In general.— Section 255(d) of the National Housing Act (12 U.S.C. 1715z-20(d)) is amended—
(A)in paragraph (2)—
(i)in subparagraph (B), by striking “and” at the end;
(ii)by redesignating subparagraph
(C)as subparagraph (D); and
(iii)by inserting after subparagraph
(B)the following:" “(C) has received full disclosure, as prescribed by the Secretary, of all costs charged to the mortgagor, including costs of estate planning, financial advice, and other services that are related to the mortgage but are not required to obtain the mortgage, which disclosure shall clearly state which charges are required to obtain the mortgage and which are not required to obtain the mortgage; and” "
(B)in paragraph (9)(F), by striking “and”;
(C)in paragraph (10), by striking the period at the end and inserting “; and”; and
(D)by adding at the end the following:" “(11) have been made with such restrictions as the Secretary determines to be appropriate to ensure that the mortgagor does not fund any unnecessary or excessive costs for obtaining the mortgage, including any costs of estate planning, financial advice, or other related services.”. "
(2)Implementation.—[12 USC 1715z-20 note](/us/usc/t12/s1715z-20).
(A)Notice.— The Secretary of Housing and Urban Development shall, by interim notice, implement the amendments made by paragraph
(1)in an expeditious manner, as determined by the Secretary. Such notice shall not be effective after the date of the effectiveness of the final regulations issued under subparagraph
(B)of this paragraph.
(B)Regulations.— The Secretary shall, not later than Deadline.the expiration of the 90-day period beginning on the date of the enactment of this Act, issue final regulations to implement the amendments made by paragraph (1). Such regulations shall be issued only after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding sub-sections (a)(2) and (b)(3)(B) of such section).
(f)Effective Date.— This section shall take effect on, and [12 USC 1715z-20 note](/us/usc/t12/s1715z-20). the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 594. HOUSING COUNSELING.
(a)Extension of Emergency Homeownership Counseling.— Section 106(c)(9) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(9)) is amended by striking “September30, 1994” and inserting “September 30, 2000”.
(b)Notification of Delinquency on Veterans Home Loans.— 112 STAT. 2656 Subparagraph
(C)of section 106(c)(5) of the Housing and Urban [12 USC 1701x](/us/usc/t12/s1701x).Development Act of 1968 is amended to read as follows:" “(C) Notification.— Notification under subparagraph(A) shall not be required with respect to any loan for which the eligible homeowner pays the amount overdue before the expiration of the 45-day period under subparagraph (B)(ii).”. "
(c)[12 USC 1701x note](/us/usc/t12/s1701x). Effective Date.— The amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 595. NATIVE AMERICAN HOUSING ASSISTANCE.
(a)Subsidy Layering Certification.— Section 206 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4136) is amended—
(1)by striking “certification by the Secretary” and inserting “certification by a recipient to the Secretary”; and
(2)by striking “any housing project” and inserting “the housing project involved”.
(b)Inclusion of Homebuyer Selection Policies and Criteria.— Section 207(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137(b)) is amended—
(1)by striking “Tenant Selection.—” and inserting “Tenant and Homebuyer Selection.—”;
(2)in the matter preceding paragraph (1), by inserting “and homebuyer” after “tenant”; and
(3)in paragraph (3)(A), by inserting “and homebuyers” after “tenants”.
(c)Repayment of Grant Amounts for Violation of Affordable Housing Requirement.— Section 209 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) is amended by striking “section 205(2)” and inserting “section 205(a)(2)”.
(d)Amendment to United States Housing Act of 1937.— Section 7 of the United States Housing Act of 1937 (42 U.S.C. 1437e) is amended by striking subsection (h).
(e)Miscellaneous.—
(1)Definition of Indian areas.— Section 4(10) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(10)) is amended to read as follows:" “(10) Indian area.— The term ‘Indian area’ means the area within which an Indian tribe or a tribally designated housing entity, as authorized by 1 or more Indian tribes, provides assistance under this Act for affordable housing.”. " “(2) Cross-reference.— Section 4(12)(C)(i)(II) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(C)(i)(II)) is amended by striking “section 107” and inserting “section 705”.
(3)Local cooperation agreements.— Section 101(c) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(c)) is amended to read as follows:" “(c) Local Cooperation Agreement.— Notwithstanding any other provision of this Act, grant amounts provided under this Act on behalf of an Indian tribe may not be used for rental or 112 STAT. 2657lease-purchase homeownership units that are owned by the recipient for the tribe unless the governing body of the locality within which the property subject to the development activities to be assisted with the grant amounts is or will be situated has entered into an agreement with the recipient for the tribe providing for local cooperation required by the Secretary pursuant to this Act.”. "
(4)Exemption from taxation.— Section 101(d) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(d)) is amended— “(A) by striking the subsection designation and subsection heading and all that follows through the end of paragraph
(1)and inserting the following:" “(d) Exemption From Taxation.— Notwithstanding any other provision of this Act, grant amounts provided under this Act on behalf of an Indian tribe may not be used for affordable housing activities under this Act for rental or lease-purchase dwelling units developed under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or with amounts provided under this Act that are owned by the recipient for the tribe unless— “(1) such dwelling units (which, in the case of units in a multi-unit project, shall be exclusive of any portions of the project not developed under the United States Housing Act of 1937 or with amounts provided under this Act) are exempt from all real and personal property taxes levied or imposed by any State, tribe, city, county, or other political subdivision; and” "; and
(B)in paragraph (2), in the matter preceding subparagraph (A), by inserting “for the tribe” after “the recipient”.
(5)Submission of Indian housing plan.— Section 102(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112(a)) is amended—
(A)in paragraph (1), by inserting “(A)” after “(1)”;
(B)in paragraph (1)(A), as so designated by subparagraph
(A)of this paragraph, by adding “or” at the end;
(C)by striking “(2)” and inserting “(B)”; and
(D)by striking “(3)” and inserting “(2)”.
(6)Clarification.— Section 103(c)(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4113(c)(3)) is amended by inserting “not” before “prohibited”.
(7)Applicability of provisions of civil rights.— Section 201(b)(5) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131(b)(5)) is amended—
(A)by striking “Indian tribes” and inserting “federally recognized tribes and the tribally designated housing entities of those tribes”; and
(B)by striking “under this subsection” and inserting “under this Act”.
(8)Eligibility.— Section 205(a)(1) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135(a)(1)) is amended—
(A)in subparagraph (A), by striking “and” at the end; and
(B)by striking subparagraph
(B)and inserting the following:112 STAT. 2658 " “(B) in the case of a contract to purchase existing housing, is made available for purchase only by a family that is a low-income family at the time of purchase; “(C) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, is made available for lease-purchase only by a family that is a low-income family at the time the agreement is entered into; and “(D) in the case of a contract to purchase housing to be constructed, is made available for purchase only by a family that is a low-income family at the time the contract is entered into; and”. "
(9)Tenant selection.— Section 207(b)(3)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137(b)(3)(B)) is amended by striking “of any rejected applicant of the grounds for any rejection” and inserting “to any rejected applicant of that rejection and the grounds for that rejection”.
(10)Availability of records.— Section 208 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4138) is amended—
(A)in subsection (a), by striking “paragraph (2)” and inserting “subsection (b)”; and
(B)in subsection (b), by striking “paragraph (1)” and inserting “subsection (a)”.
(11)IHP requirement.— Section 184(b)(2) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)(2)) is amended by striking “that is under the jurisdiction of an Indian tribe” and all that follows before the period at the end.
(12)Authorization of Appropriations.— Section 184(i)(5)(C) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)(C)) is amended by striking “note” and inserting “not”.
(13)Environmental review under the Indian housing loan guarantee program.— Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a) is amended—
(A)by redesignating subsection
(k)as subsection (1); and
(B)by inserting after subsection
(j)the following:" “(k) Environmental Review.— For purposes of environmental, review, decisionmaking, and action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other law that furthers the purposes of that Act, a loan guarantee under this section shall— “(1) be treated as a grant under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and “(2) be subject to the regulations promulgated by the Secretary to carry out section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115).”. "
(14)Public availability of information.—
(A)In general.— Title IV of the Native American Housing Assistance and Self-Determination Act of 1996 112 STAT. 2659(25 U.S.C. 4161 et seq.) is amended by adding at the end the following:" “SEC. 408. PUBLIC AVAILABILITY OF INFORMATION[25 USC 4168](/us/usc/t25/s4168).. “Each recipient shall make any housing plan, policy, or annual report prepared by the recipient available to the general public.”. "
(B)Table of contents.— Section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is amended in the table of contents by inserting after the item relating to section 407 the following:" “Sec. 408. Public availability of information.”. "
(15)Ineligibility of Indian Tribes.— Section 460 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.12899h-1) is amended by striking “fiscal year 1997” and inserting “fiscal year 1998”.
(16)Treatment of previous amendments.— Section 402 of The Balanced Budget Downpayment Act, I (42 U.S.C. 1437a [42 USC 1437f note](/us/usc/t42/s1437f).note) is amended by striking subsection (e).
(f)Effective Date.— The amendments made by this section are made and shall apply beginning upon the date of the enactment [12 USC 1715z-13a note](/us/usc/t12/s1715z-13a).of this Act. SEC. 596. CDBG PUBLIC SERVICES CAP.
(a)In General.— Section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking “1998” and inserting “2000”.
(b)Effective Date.— The amendment made by this section [42 USC 5305 note](/us/usc/t42/s5305).is made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 597. MODERATE REHABILITATION PROGRAM.
(a)Reprogramming.— Notwithstanding any other provision of law, but only to the extent specifically provided in advance in a subsequent appropriations Act, the Secretary of Housing and Urban Development shall reprogram funds under contracts NY36K113004 and NY36K113005 of the Department of Housing and Urban Development and shall allocate such funds to the City of New Rochelle, New York. Such allocation shall be consistent with the requirements of the HOME Investment Partnerships Act. This section shall take effect on the date of the enactment of Effective date.this Act.
(b)Exception Projects.— Section 524(a)(2) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.1437f note) is amended—
(1)by inserting “and subject to section 516 of this subtitle” after “Notwithstanding paragraph (1)”; and
(2)by striking “the base rent adjusted by an operating cost adjustment factor established by the Secretary” and inserting “the lesser of existing rents, adjusted by an operating cost adjustment factor established by the Secretary, fair market rents (less any amounts allowed for tenant-purchased utilities), or comparable market rents for the market area”.
(c)Effective Date.— This section shall take effect on, and [42 USC 1437 note](/us/usc/t42/s1437).the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. 112 STAT. 2660 SEC. 598. NATIONAL CITIES IN SCHOOLS PROGRAM. From amounts that are or have been recaptured in the Annual Contributions for Assisted Housing account, before any rescissions of such amounts, $5,000,000, shall be transferred to the National Cities in Schools Community Development Program account, to remain available until expended, that the Secretary of Housing and Urban Development shall make available to carry out the National Cities in Schools Community Development Program under section 930 of the Housing and Community Development Act of Effective date.1992 (Public Law 102–550, 106 Stat. 3672, 3887). This sections hall take effect on the date of the enactment of this Act. SEC. 599. TENANT PARTICIPATION IN MULTIFAMILY HOUSING PROJECTS.
(a)In General.— The last sentence of subsection
(a)of section 202 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1715z–1b(a)) is amended by inserting before the period at the end the following: “, or a project which receives project based assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990, the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997”.
(b)[12 USC 1715z-1b note](/us/usc/t12/s1715z-1b). Applicability.— The amendment made by this section is made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 599A. CLARIFICATION REGARDING RECREATIONAL VEHICLES.
(a)In General.— Section 603(6) of the Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402(6)) is amended by inserting before the semicolon at the end the following: and except that such term shall not include any self-propelled recreational vehicle”.
(b)[42 USC 5402 note](/us/usc/t42/s5402). Applicability.— The amendment made by this section is made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 599B. DETERMINATION OF LOW-INCOME ELIGIBILITY FOR HOMEOWNERSHIP ASSISTANCE.
(a)Income Targeting.— Section 214(2) of the Cranston-Gonzalez [42 USC 12744](/us/usc/t42/s12744).National Affordable Housing Act is amended by striking “at the time of occupancy or at the time funds are invested, whichever is later”.
(b)[42 USC 12745](/us/usc/t42/s12745). Qualification as Affordable Housing.— Section 215(b)(2) of such Act is amended to read as follows:" “(2) is the principal residence of an owner whose family qualifies as a low-income family— “(A) in the case of a contract to purchase existing housing, at the time of purchase; “(B) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, at the time the agreement is signed; or “(C) in the case of a contract to purchase housing to be constructed, at the time the contract is signed;”. "
(c)[42 USC 12744 note](/us/usc/t42/s12744). Applicability.— The amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. 112 STAT. 2661 SEC. 599C. AMENDMENTS TO RURAL HOUSING PROGRAMS.
(a)Permanent Extension of Underserved Areas Program.— Section 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C.1479(f)(4)(A)) is amended—
(1)in the first sentence, by striking “fiscal year 1998”and inserting “each fiscal year”; and
(2)in the second sentence, by striking “such fiscal year” and inserting “each fiscal year”.
(b)Permanent Extension of Section 515 Program.—
(1)Authority to make loans.— Section 515(b) of the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended—
(A)by striking paragraph (4); and
(B)by redesignating paragraphs (5), (6), and
(7)as paragraphs (4), (5), and (6), respectively.
(2)Set-aside for nonprofit entities.— The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking “fiscal year 1998” and inserting “each fiscal year”.
(c)Loan Guarantee Program for Multifamily Rental Housing in Rural Areas.— Section 538 of the Housing Act of 1949 (42 U.S.C. 1490p-2) is amended—
(1)in subsection (t), by striking “fiscal year 1998” and inserting “each fiscal year”; and
(2)by striking subsection
(u)and inserting the following new subsection:" “(u) Tax-Exempt Financing.— The Secretary may not deny a guarantee under this section on the basis that the interest on the loan or on an obligation supporting the loan for which a guarantee is sought is exempt from inclusion in gross income for purposes of chapter I of the Internal Revenue Code of 1986.”. "
(d)Farm Labor Housing Eligibility for Low-Income Housing Tax Credit Financing.— The first sentence of section 514(a) of the Housing Act of 1949 (42 U.S.C. 1484(a)) is amended by inserting “, or any nonprofit limited partnership in which the general partner is a nonprofit entity,” after “private nonprofit organization”.
(e)Optional Conversion of Rental Assistance Payments to Operating Subsidy for Migrant Farmworker Projects.—
(1)In general.— Section 521(a) of the Housing Act of [42 USC 1490a](/us/usc/t42/s1490a).1949 (42 U.S.C. 1490(a)) is amended by adding at the end the following new paragraph:" “(5) Operating assistance for migrant farmworker projects.— “(A) Authority.— In the case of housing (and related facilities) for migrant farmworkers provided or assisted with a loan under section 514 or a grant under section 516, the Secretary may, at the request of the owner of the project, use amounts provided for rental assistance payments under paragraph
(2)to provide assistance for the costs of operating the project. Any project assisted under this paragraph may not receive rental assistance under paragraph (2). “(B) Amount.— In any fiscal year, the assistance provided under this paragraph for any project shall not exceed an amount equal to 90 percent of the operating costs for the project for the year, as determined by the Secretary. The amount of assistance to be provided for a project under this paragraph shall be an amount that makes units in the project available to 112 STAT. 2662migrant farmworkers in the area of the project at rates not exceeding 30 percent of the monthly adjusted incomes of such farmworkers, based on the prevailing incomes of such farm-workers in the area. “(C) Submission of information.— The owner of a project assisted under this paragraph shall be required to provide to the Secretary, at least annually, a budget of operating expenses and estimated rental income, which the Secretary may use to determine the amount of assistance for the project. “(D) Definitions.— For purposes of this paragraph, the following definitions shall apply: “(i) The term ‘migrant farmworker’ has the same meaning given such term in section 516(k)(7). “(ii) The term ‘operating cost’ means expenses incurred in operating a project, including expenses for— “(I) administration, maintenance, repair, and security of the project; “(II) utilities, fuel, furnishings, and equipment for the project; and “(III) maintaining adequate reserve funds for the project.”. "
(2)Conforming amendments.— Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended—
(A)[42 USC 1472](/us/usc/t42/s1472).in section 502—
(i)in subsection (c)(1)(A)(i), by striking “or (a)(2)”and inserting “, (a)(2), or (5)”;
(ii)in subsection (c)(4)(B)(ii), by inserting before the period at the end the following: “, or additional assistance or an increase in assistance provided under section 521(a)(5)”;
(iii)in subsection (c)(4)(B)(iii), by “or 521(a)(5)”after “section 521(a)(2)”;
(iv)in subsection (c)(4)(B)(v), by inserting before the period at the end the following: “, or current tenants of projects not assisted under section 521(a)(5)”;
(v)in subsection (c)(5)(C)(iii)—
(I)by striking the second comma; and
(II)by inserting “or any assistance payments received under section 521(a)(5),” before “with respect”; and
(vi)in subsection (c)(5)(D), by inserting before the period at the end the following: “or, in the case of housing assisted under section 521(a)(5), does not exceed the rents established for the project under such section”;
(B)in the second sentence of subparagraph
(A)of section 509(f)(4), by striking “an amount of section [42 USC 1479](/us/usc/t42/s1479).521 rental assistance” and inserting “from amounts available for assistance under paragraphs
(2)and
(5)of section 521(a), an amount”;
(C)[42 USC 1483](/us/usc/t42/s1483).in section 513(c)(2)—
(i)in the matter preceding subparagraph (A), by inserting “or contracts for operating assistance under section 521(a)(5)” after “section 521(a)(2)(A)”;
(ii)in subparagraph (A), by inserting “or operating assistance contracts” after “contracts”; 112 STAT. 2663
(iii)in subparagraph (B), by striking “rental” each place it appears; and
(iv)in subparagraph (C), by inserting “or operating assistance contracts” after “contracts”;
(D)in section 521(a)(2)(B)[42 USC 1490a](/us/usc/t42/s1490a).—
(i)by inserting “or paragraph (5)” after “this paragraph”; and
(ii)by striking “which shall” and all that follows through the period at the end and insert in the following: “, The budget (and the income, in the case of a project assisted under this paragraph) shall be used to determine the amount of the assistance for each project.”;
(E)in section 521(c), by striking “subsection (a)(2)”and inserting “subsections (a)(2) and (a)(5)”;
(F)in section 521(e), by inserting after “recipient” the following: “or any tenant in a project assisted under subsection (a)(5)”; and
(G)in section 530, by striking “rental assistance payments [42 USC 1490j](/us/usc/t42/s1490j).with respect to such project under section 521(a)(2)(A)” and inserting “assistance payments with respect to such project under section 521(a)(2)(A) or 521(a)(5)”.
(f)Rural Housing Guaranteed Loans.— Section 502(h)(6)(C) of the Housing Act of 1949 (42 U.S.C. 1472(h)(6)(C)) is amended by striking “, subject to the maximum dollar amount limitation of section 203(b)(2) of the National Housing Act” each place it appears.
(g)Applicability.— The amendments made by this section are [42 USC 1472 note](/us/usc/t42/s1472).made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 599D. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a)Program Expiration.— Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking “September 30, 1998” and inserting “September 30, 2001”.
(b)Emergency Implementation of Program.— Section 1336(a) of the National Flood Insurance Act of 1968 (42 U.S.C.4056(a)) is amended by striking “September 30, 1998” and inserting “September 30, 2001”.
(c)Applicability.— The amendments made by this section are [42 USC 4026 note](/us/usc/t42/s4026).made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 599E. ASSISTANCE FOR SELF-HELP HOUSING PROVIDERS
(a)National Competitive Grants.— Section 11 of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended—
(1)in subsection (a), by striking “to—” and all that follows and inserting the following: “to national and regional organizations and consortia that have experience in providing or facilitating self-help housing homeownership opportunities.”;
(2)in subsection (b)—
(A)in paragraph (4), by striking “Habitat for Humanity, its affiliates, and other”; and 112 STAT. 2664
(B)in paragraph (5), by striking “similar to the homeownership program carried out by Habitat for Humanity International,”;
(3)by striking subsection
(c)and inserting the following new subsection:" “(c) National Competition.— The Secretary shall select organizations and consortia referred to in subsection
(a)to receive grants through a national competitive process, which the Secretary shall establish.”; "
(4)in subsection (e), by striking paragraph
(2)and inserting the following new paragraph:" “(2) Assistance to affiliates.— Any organization or consortia that receives a grant under this section may use amounts in the fund established for such organization or consortia pursuant to paragraph
(1)for the purposes under subsection
(d)by providing assistance from the fund to local affiliates of such organization or consoria.”; "
(5)in subsection (f)—
(A)in the subsection heading, by striking “to Other Organizations”; and
(B)in the matter preceding paragraph (1), by striking “subsection (a)(2)” and inserting “subsection (a)”;
(6)by striking subsection (g);
(7)in subsection (h)—
(A)by striking the first sentence; and
(B)in the second sentence, by striking “subsection (a)(2)” and inserting “subsection (a)”;
(8)in subsection (i)(5), by inserting “(or, in the case of grant amounts from amounts made available for fiscal year 1996 to carry out this section, within 36 months)” before the comma;
(9)in subsection (j), by inserting “(or, in the case of grant amounts from amounts made available for fiscal year 1996 to carry out this section, within 36 months)” before the second comma;
(10)in subsection (k)(1), by striking “under subsection (a)(1)or (a)(2)”;
(11)by redesignating subsection
(p)as subsection (q);
(12)by inserting after subsection
(o)the following new subsection:" “(p) Authorization of Appropriations.— To carry out this section, there are authorized to be appropriated for fiscal years 1999 and 2000 such sums as may be necessary.”; and "
(13)in the section heading, by striking **“HABITAT FOR HUMANITY AND OTHER”**.
(b)Applicability.[42 USC 12805 note](/us/usc/t42/s12805). Savings Provisions.— Notwithstanding the amendments made by subsection (a), any grant under section 11 of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) from amounts appropriated in fiscal year 1998 or any prior fiscal year shall be governed by the provisions of such section 11 as in effect immediately before the enactment of this Act, except that the amendments made by paragraphs
(8)and
(9)of subsection
(a)of this section shall apply to such grants.
(c)[42 USC 12805 note](/us/usc/t42/s12805). Effective Date.— This section shall take effect, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. 112 STAT. 2665 SEC. 599F. SPECIAL MORTGAGE INSURANCE ASSISTANCE.
(a)In General.— Section 237 of the National Housing Act (12 U.S.C. 1715z-2) is amended—
(1)in subsection (b), by inserting “not more than 26 percent of the total principal obligation (including such initial service charges, and such appraisal, inspection, and other fees as the Secretary shall approve) of” before “any mortgage”;
(2)in paragraph (c)(2) by striking “$18,000:” and all that follows through the end of the paragraph and inserting “$70,000;”;
(3)in paragraph (c)(3)—
(A)by inserting “, prior to and during the 12 months immediately following the purchase of the property, from a community development financial institution under section 103(5) of the Community Development Banking and Financial Institutions Act of 1994” after “budget, debt management, and related counseling”; and
(B)by striking “and” at the end;
(4)in paragraph (c)(4)—
(A)by striking “25” and inserting “36”; and
(B)by striking the period and inserting “; and”;
(5)in subsection (c), by adding at the end the following new paragraphs:" “(5) require the mortgagor to be subject, if necessary, to a default mitigation effort undertaken by an intermediary community development financial institution under section 103(5) of the Community Development Banking and Financial Institutions Act of 1994, that is acting as a sponsor and pass- through of insurance under section 203 and is approved by the Secretary; “(6) involve a total principal obligation (including such initial service charges, and such appraisal, inspection, and other fees as the Secretary shall approve) that is not more than 90 percent of the value of the property for which the mortgage is provided; and “(7) involve a total principal obligation (including such initial service charges, and such appraisal, inspection, and other fees as the Secretary shall approve) in which the mortgagor has equity (as defined by the Secretary) of not less than 10 percent and such equity shall be subordinate to the interest of the Secretary in the mortgaged property.”; "
(6)in subsection (d), by striking “and (2)” and inserting “(2) to families living in empowerment zones and enterprise communities (as those terms are defined in section 1393(b) of the Internal Revenue Code of 1986 (26 U.S.C. 1393(b)) who are eligible for homeownership assistance, and (3)”;
(7)in subsection (e), by striking “public or private organizations” and inserting “community development financial institutions under section 103(5) of the Community Development Banking and Financial Institutions Act of 1994”;
(8)in subsection (f), by striking “all mortgages” and inserting “the portions of mortgages”;
(9)by redesignating subsection
(g)as subsection (j); and
(10)by inserting after subsection (f), the following new subsections:" “(g) Mortgages insured under this section shall be subject to an insurance premium fee of not more than 1.25 percent of the 112 STAT. 2666total mortgage principal obligation (including such initial service charges, and such appraisal, inspection, and other fees as the Secretary shall approve). “(h) Contracts. Before insuring a mortgage under this section, the Secretary shall enter into such contracts or other agreements as may be necessary to ensure that the mortgagee or other holder of the mortgage shall assume not less than 10 percent and not more than 50 percent of any loss on the insured mortgage, subject to any reasonable limit on the liability of the mortgagee or holder of the mortgage that may be specified in the event of unusual or catastrophic losses that may be incurred by any one mortgagee or mortgage holder. “(i) No guarantees may be issued under section 306(g) for the timely payment of interest or principal on securities backed, in whole or in part, by mortgages insured under this section.”. "
(b)[12 USC 1715z-2 note](/us/usc/t12/s1715z-2). Effective Date.— The amendments under by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. SEC. 599G. [12 USC 1701z-1 note](/us/usc/t12/s1701z-1). REHABILITATION DEMONSTRATION GRANT PROGRAM.
(a)In General.— The Secretary of Housing and Urban Development shall, to the extent amounts are provided in appropriation Acts to carry out this section, carry out a program to demonstrate the effectiveness of making grants for rehabilitation of single family housing located within 10 demonstration areas designated by the Secretary. Of the areas designated by the Secretary under this section—
(1)6 shall be areas that have primarily urban characteristics;
(2)3 shall be areas that are outside of a metropolitan statistical area; and
(3)1 shall be an area that has primarily rural characteristics. In selecting areas, the Secretary shall provide for national geographic and demographic diversity.
(b)Grantees.— Grants under the program under this section may be made only to agencies of State and local governments and non-profit organizations operating within the demonstration areas.
(c)Selection Criteria.— In selecting among applications for designation of demonstration areas and grants under this section, the Secretary shall consider—
(1)the extent of single family residences located in the proposed area that have rehabilitation needs;
(2)the ability and expertise of the applicant in carrying out the purposes of the demonstration program, including the availability of qualified housing counselors and contractors in the proposed area willing and able to participate in rehabilitation activities funded with grant amounts;
(3)the extent to which the designation of such area and the grant award would promote affordable housing opportunities;
(4)the extent to which selection of the proposed area would have a beneficial effect on the neighborhood or community in the area and on surrounding areas;
(5)the extent to which the applicant has demonstrated that grant amounts will be used to leverage additional public 112 STAT. 2667 or private funds to carry out the purposes of the demonstration program;
(6)the extent to which lenders (including local lenders and lenders outside the proposed area) are willing and able to make loans for rehabilitation activities assisted with grant funds; and
(7)the extent to which the application provides for the involvement of local residents in the planning of rehabilitation activities in the demonstration area.
(d)Use of Grant Funds.— Funds from grants made under this section may be used by grantees—
(1)to subsidize interest on loans, over a period of not more than 5 years from the origination date of the loan, made after the date of the enactment of this Act for rehabilitation of any owner-occupied 1- to 4-family residence, including the payment of interest during any period in which a residence is uninhabitable because of rehabilitation activities;
(2)to facilitate loans for rehabilitation of 1- to 4-family properties previously subject to a mortgage insured under the National Housing Act that has been foreclosed or for which insurance benefits have been paid, including to establish revolving loan funds, loan loss reserves, and other financial structures; and
(3)to provide technical assistance in conjunction with the rehabilitation of owner-occupied 1- to 4-family residences, including counseling, selection contractors, monitoring of work, approval of contractor payments, and final inspection of work.
(e)Definition of Rehabilitation.— For purposes of this section, the term “rehabilitation” has the meaning given such term in section 203(k)(2)(B) of the National Housing Act (12 U.S.C. 1709(k)(2)(B)).
(f)Authorization of Appropriations.— There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 1999 through 2003.
(g)Effective Date.— This section shall take effect on the date of the enactment of this Act. SEC. 599H. ASSISTANCE FOR CERTAIN LOCALITIES.
(a)Use of HOME Funds For Public Housing Modernization.— Notwithstanding section 212(d)(5) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(d)(5)), amounts made available to the City of Bismarck, North Dakota or the State of North Dakota, under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.) for fiscal year 1998, 1999, 2000, 2001, or 2002, may be used to carry out activities authorized under section 14 of the United States Housing Act of 1937 (42 U.S.C. 14371) for the purpose of modernizing the Crescent Manor public housing project located at 107 East Bowen Avenue, in Bismarck, North Dakota, if—
(1)the Burleigh County Housing Authority (or any successor public housing agency that owns or operates the Crescent Manor public housing project) has obligated all other Federal assistance made available to that public housing agency for that fiscal year; or 112 STAT. 2668
(2)the Secretary of Housing and Urban Development authorizes the use of those amounts for the purpose of modernizing that public housing project, which authorization maybe made with respect to 1 or more of those fiscal years.
(b)[42 USC 1436d](/us/usc/t42/s1436d). Consultation With Affected Areas in Settlement of Litigation.— In negotiating any settlement of, or consent decree for, significant litigation regarding public housing or section 8 tenant-based assistance that involves the Secretary and any public housing agency or any unit of general local government, the Secretary shall seek the views of any units of general local government and public housing agencies having jurisdictions that are adjacent to the jurisdiction of the public housing agency involved, if the resolution of such litigation would involve the acquisition or development of public housing dwelling units or the use of vouchers under section 8 of the United States Housing Act of 1937 in jurisdictions that are adjacent to the jurisdiction of the public housing agency involved in the litigation.
(c)Treatment of PHA Repayment Agreement.—
(1)Limitation on secretary.— During the 2-year period beginning on the date of the enactment of this Act, if the Housing Authority of the City of Las Vegas, Nevada, is otherwise in compliance with the Repayment Lien Agreement and Repayment Plan approved by the Secretary on February 12, 1997, the Secretary of Housing and Urban Development shall not take any action that has the effect of reducing the inventory of senior citizen housing owned by such housing authority that does not receive assistance from the Department of Housing and Urban Development.
(2)Alternative Repayment Options.— During the period referred to in paragraph (1), the Secretary shall assist the housing authority referred to in such paragraph to identify alternative repayment options to the plan referred to in such paragraph and to execute an amended repayment plan that will not adversely affect the housing referred to in such paragraph.
(3)Rule of construction.— This subsection may not be construed to alter—
(A)any lien held by the Secretary pursuant to the agreement referred to in paragraph (1); or
(B)the obligation of the housing authority referred to in paragraph
(1)to close all remaining items contained in the Inspector General audits numbered 89 SF 1004 (issued January 20, 1989), 93 SF 1801 (issued October 30, 1993), and 96 SF 1002 (issued February 23, 1996).
(d)Deadline.Chicago. Ceiling Rents For Certain Section 8 Properties.— Notwithstanding any other provision of law, within 30 days after the date of the enactment of this Act, the Secretary shall establish ceiling rents for the Marshall Field Garden Apartments Homes in Chicago, Illinois, at rent levels, in the determination of the Secretary made in consultation with the owner, that facilitate retaining or attracting working class families.
(e)Application for Moving to Work Demonstration Program.— Upon the submission of an application for participation in the moving to work demonstration program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 112 STAT. 2669 (as contained in section 101(e) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996; 42 U.S.C. 1437f note) by the Charlotte Housing Authority of Charlotte, North Carolina, or the Housing Authority of the City of Pittsburgh, Pennsylvania, the Secretary of Housing and Urban Development shall—
(1)consider such application, notwithstanding—
(A)the limitation under subsection
(b)of such section on the number of public housing agencies that may participate in such program; or
(B)any limitation regarding the date for the submission of applications for participation in such program; and
(2)approve or disapprove the application based on the criteria for selection for participation in such program, notwithstanding the limitations referred to in paragraph
(1)of this subsection.
(f)Use of Project to Benefit Low-Income Persons.— The project funded by the Secretary of Housing and Urban Development under the supportive housing program of title IV of the Stewart B. McKinney Homeless Assistance Act through grant number FL 29T90–1285 (commonly known as Royal Pointe) shall be considered to have been approved pursuant to section 423(b)(3) of such Act as of December 31, 1995 for use for the direct benefit of low-income persons.
(g)Oklahoma. Rural Housing Assistance.— The last sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended by inserting before the period the following: “, and the city of Altus, Oklahoma, shall be considered a rural area for purposes of this title until the receipt of data from the decennial census in the year 2000”.
(h)Funding for Purchase and Conversion of Existing Assisted Housing.— Notwithstanding any other provision of law, and only to the extent specifically provided in a subsequent appropriations Act, from any amounts previously appropriated for Annual Contributions for Assisted Housing or for the Public Housing Capital Fund and not obligated by the Secretary, the Secretary may make available to the Lockport Housing Authority in Lockport, New York, such sums as may be necessary for use in accordance with section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437c) for the purchase and rehabilitation of a project that is assisted under section 8 of such Act and located on a site contiguous to the site of a public housing project administered by the agency.
(i)Rural and Tribal Assistance.— From the amounts that were made available to the Secretary under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998, for grants for rural and tribal areas pursuant to the 5th undesignated paragraph of the heading “Community Planning and Development—community development block grant programs” (Public Law 105–65; 111 Stat. 1357), the Secretary shall provide from any amounts remaining unobligated—
(1)$2,800,000 for seed money for a multi-State rural homeownership campaign administered by the Rural Opportunities Affordable Housing Finance Alliance; and
(2)$500,000 to the Rural Housing Institute of the Muscatine Center for Strategic Action. 112 STAT. 2670 Notwithstanding any other provision of this Act, this subsection shall take affect only to the extent specifically provided in a subsequent appropriations Act.
(j)Community Services Demonstration.—
(1)Florida. Bethune-Cookman College. Authority.— The Secretary of Housing and Urban Development shall, to the extent amounts are appropriated to carry out this subsection, provide financial assistance to the Bethune Cookman College in Volusia County, Florida (in this subsection referred to as the “College”), in accordance with the provisions of this subsection, for the College to establish and operate, as a national demonstration, the Bethune-Cookman Community Services Student Union Center.
(2)Use.— Any financial assistance provided to the College pursuant to this subsection shall be used by the College for the construction, maintenance, and endowment of the Bethune-Cookman Community Services Student Union Center through—
(A)the acquisition of necessary equipment, including utility vehicles; or
(B)the acquisition of necessary real property;
(3)Application.— The Secretary shall provide financial assistance under this subsection only pursuant to application by the College for such assistance at such time, in such manner, and providing such information as the Secretary of Housing and Urban Development may reasonably require.
(4)Authorization of Appropriations.— There are authorized to be appropriated such sums as may be necessary for assistance under this subsection. Any amounts appropriated pursuant to this subsection shall remain available until expended.
(k)Contracts.Rhode Island. Independence Square Foundation.— Notwithstanding any other provision of law, including 28 U.S.C. 516, the Secretary of Housing and Urban Development shall enforce the use agreement entered into between the Secretary and the Independence Square Foundation of Newport, Rhode Island: *Provided further,* That such enforcement shall include the option of instituting civil litigation to determine the current applicability of the aforementioned use agreement or petition for the issuance of an injunction to prevent the demolition of the property subject to the aforementioned use agreement.
(l)Removal of HOPE VI Demolition Requirement.— The Secretary may approve otherwise qualified applications received in response to a notice published at 63 Federal Register 15489 (March 31, 1998) for grants from the $26,000,000 set-aside of amounts made available under the head **‘REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)’** in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 (Public Law 105–65, 111 Stat. 1354) without regard to whether such applications propose or plan demolition of obsolete public housing projects.
(m)[42 USC 1436d note](/us/usc/t42/s1436d). Effective Date.— This section shall take effect on, and the amendments made by this section are made on, and shall apply beginning upon, the date of the enactment of this Act. TITLE VI— FHA PROPERTY DISPOSITION REFORM SEC. 601. SINGLE FAMILY CLAIMS REFORM AND SALE OF PROPERTY.
(a)Revision of Claims Procedures.— Section 204 112 STAT. 2671 of the National Housing Act (12 U.S.C. 1710) is amended by striking “Sec. 204.” and all that follows through the end of subsection
(a)and inserting the following:" “SEC. 204.
(a)In General.— “(1) Authorized claims procedures.— The Secretary may, in accordance with this subsection and terms and conditions prescribed by the Secretary, pay insurance benefits to a mortgagee for any mortgage insured under section 203 through any of the following methods: “(A) Assignment of mortgage.— The Secretary may pay insurance benefits whenever a mortgage has been in a monetary default for not less than 3 full monthly installments or whenever the mortgagee is entitled to foreclosure for a nonmonetary default. Insurance benefits shall be paid pursuant to this subparagraph only upon the assignment, transfer, and delivery to the Secretary of— “(i) all rights and interests arising under the mortgage; “(ii) all claims of the mortgagee against the mortgagor or others arising out of the mortgage transaction; “(iii) title evidence satisfactory to the Secretary; and “(iv) such records relating to the mortgage transaction as the Secretary may require. “(B) Conveyance of title to property.— The Secretary may pay insurance benefits if the mortgagee has acquired title to the mortgaged property through foreclosure or has otherwise acquired such property from the mortgagor after a default upon— “(i) the prompt conveyance to the Secretary of title to the property which meets the standards of the Secretary in force at the time the mortgage was insured and which is evidenced in the manner provided by such standards; and “(ii) the assignment to the Secretary of all claims of the mortgagee against the mortgagor or others, arising out of mortgage transaction or foreclosure proceedings, except such claims as may have been released with the consent of the Secretary. The Secretary may permit the mortgagee to tender to the Secretary a satisfactory conveyance of title and transfer of possession directly from the mortgagor or other appropriate grantor, and may pay to the mortgagee the insurance benefits to which it would otherwise be entitled if such conveyance had been made to the mortgagee and from the mortgagee to the Secretary. “(C) Claim without conveyance of title.— The Secretary may pay insurance benefits upon sale of the mortgaged property at foreclosure where such sale is for at least the fair market value of the property (with appropriate adjustments), as determined by the Secretary, and upon assignment to the Secretary of all claims referred to in clause
(ii)of subparagraph (B). “(D) Preforeclosure sale.— The Secretary may pay insurance benefits upon the sale of the mortgaged property by the mortgagor after default and the assignment to the 112 STAT. 2672 Secretary of all claims referred to in clause
(ii)of subparagraph (B), if— “(i) the sale of the mortgaged property has been approved by the Secretary; “(ii) the mortgagee receives an amount at least equal to the fair market value of the property (with appropriate adjustments), as determined by the Secretary; and “(iii) the mortgagor has received an appropriate disclosure, as determined by the Secretary.
(2)Payment for loss mitigation.— The Secretary may pay insurance benefits to the mortgagee to recompense the mortgagee for all or part of any costs of the mortgagee for taking loss mitigation actions that provide an alternative to foreclosure of a mortgage that is in default (including but not limited to actions such as special forbearance, loan modification, and deeds in lieu of foreclosure, but not including assignment of mortgages to the Secretary under section 204(a)(1)(A)). No actions taken under this paragraph, nor any failure to act under this paragraph, by the Secretary or by a mortgagee shall be subject to judicial review. “(3) Publication.Guidelines. Determination of claims procedure.— The Secretary shall publish guidelines for determining which of the procedures for payment of insurance under paragraph
(1)are available to a mortgagee when it claims insurance benefits. At least one of the procedures for payment of insurance benefits specified in paragraph (1)(A) or (1)(B) shall be available to a mortgagee with respect to a mortgage, but the same procedure shall not be required to be available for all of the mortgages held by a mortgagee. “(4) Servicing of assigned mortgages.— If a mortgage is assigned to the Secretary under paragraph (1)(A), the Secretary may permit the assigning mortgagee or its servicer to continue to service the mortgage for reasonable compensation and on terms and conditions determined by the Secretary. Neither the Secretary nor any servicer of the mortgage shall be required to forbear from collection of amounts due under the mortgage or otherwise pursue loss mitigation measures. “(5) Calculation of insurance benefits.— Insurance benefits shall be paid in accordance with section 520 and shall be equal to the original principal obligation of the mortgage (with such additions and deductions as the Secretary determines are appropriate) which was unpaid upon the date of— “(A) assignment of the mortgage to the Secretary; “(B) the institution of foreclosure proceedings; “(C) the acquisition of the property after default other than by foreclosure; or “(D) sale of the mortgaged property by the mortgagor. “(6) Forbearance and recasting after default.— The mortgagee may, upon such terms and conditions as the Secretary may prescribe— “(A) extend the time for the curing of the default and the time for commencing foreclosure proceedings or for otherwise acquiring title to the mortgaged property, to such time as the mortgagee determines is necessary and desirable to enable the mortgagor to complete the mortgage payments, including an extension of time beyond the stated maturity of the mortgage, and in the event of a subsequent 112 STAT. 2673 foreclosure or acquisition of the property by other means the Secretary may include in the amount of insurance benefits an amount equal to any unpaid mortgage interest; or “(B) provide for a modification of the terms of the mortgage for the purpose of recasting, over the remaining term of the mortgage or over such longer period pursuant to guidelines as may be prescribed by the Secretary, the total unpaid amount then due, with the modification to become effective currently or to become effective upon the termination of an agreed-upon extension of the period for curing the default; and the principal amount of the mortgage, as modified, shall be considered the ‘original principal obligation of the mortgage’ for purposes of paragraph (5). “(7) Termination of premium obligation.— The obligation of the mortgagee to pay the premium charges for insurance shall cease upon fulfillment of the appropriate requirements under which the Secretary may pay insurance benefits, as described in paragraph (1). The Secretary may also terminate the mortgagee’s obligation to pay mortgage insurance premiums upon receipt of an application filed by the mortgagee for insurance benefits under paragraph (1), or in the event the contract of insurance is terminated pursuant to section 229. “(8) Effect on payment of insurance benefits under section 230.— Nothing in this section shall limit the authority of the Secretary to pay insurance benefits under section 230. “(9) Treatment of mortgage assignment program.— Notwithstanding any other provision of law, or the Amended Stipulation entered as a consent decree on November 8, 1979, in Ferrell v. Cuomo, No. 73 C 334 (N.D. III.), or any other order intended to require the Secretary to operate the program of mortgage assignment and forbearance that was operated by the Secretary pursuant to the Amended Stipulation and under the authority of section 230, prior to its amendment by section 407(b) of The Balanced Budget Downpayment Act, I (Public Law 104–99; 110 Stat. 45), no mortgage assigned under this section may be included in any mortgage foreclosure avoidance program that is the same or substantially equivalent to such a program of mortgage assignment and forbearance.”. "
(b)Effective Date.— The Secretary shall publish a notice in Federal Register, publication.Notice.[12 USC 1710 note](/us/usc/t12/s1710).the Federal Register stating the effective date of the terms and conditions prescribed by the Secretary under section 204(a)(1) of the National Housing Act, as amended by subsection
(a)of this section. Subsections
(a)and
(k)of section 204 of the National Housing Act, as in effect immediately before such effective date, shall continue to apply to any mortgage insured under section 203 of the National Housing Act before such effective date, except that the Secretary may, at the request of the mortgagee, pay insurance benefits as provided in subparagraphs
(A)and
(D)of section 204(a)(1) of such Act to calculate insurance benefits in accordance with section 204(a)(5) of such Act.
(c)Repeal of Redundant Provision.— Subsection
(k)of section 204 of the National Housing Act (12 U.S.C. 1710(k)) is hereby repealed.
(d)Authority To Sell.— Section 204(g) of the National Housing Act (12 U.S.C. 1710(g)) is amended by adding at the end 112 STAT. 2674the following new sentence: “The Secretary may sell real and personal property acquired by the Secretary pursuant to the provisions of this Act on such terms and conditions as the Secretary may prescribe.”.
(e)Authority To Insure Mortgage.— Section 223(c) of the National Housing Act (12 U.S.C. 1715n(c)) is amended—
(1)by striking “him” each place it appears and inserting “the Secretary”; and
(2)by inserting before “of any property acquired”, the following: “, including a sale through another entity acting under authority of the fourth sentence of section 204(g),”.
(f)Loss Mitigation.— Section 230 of the National Housing [12 USC 1715u](/us/usc/t12/s1715u).Act is amended—
(1)by redesignating subsections
(a)through
(e)as
(b)through (f); and
(2)by inserting a new subsection
(a)as follows:" “(a) Upon default of any mortgage insured under this title, mortgagees shall engage in loss mitigation actions for the purpose of providing an alternative to foreclosure (including but not limited to actions such as special forbearance, loss modification, and deeds in lieu of foreclosure, but not including assignment of mortgages to the Secretary under section 204(a)(1)(A)) as provided in regulations by the Secretary.”. "
(g)[12 USC 1735f-14](/us/usc/t12/s1735f-14). Penalty.— Section 536(a) of the National Housing Act is amended by inserting at the end of paragraph
(2)the following:" “In the case of the mortgagee’s failure to engage in loss mitigation activities, as provided in section 536(b)(1)(I), the penalty shall be in the amount of three times the amount of any insurance benefits claimed by the mortgagee with respect to any mortgage for which the mortgagee failed to engage in such loss mitigation actions.”."
(h)Violation.— Section 536(b)(1) of the National Housing Act is amended by inserting after subparagraph
(h)the following:" “(I) Failure to engage in loss mitigation actions as provided in section 230(a) of this Act.”. " SEC. 602. Disposition of HUD-Owned Single Family Assets in Revitalization Areas.— Section 204 of the National Housing Act (12 U.S.C. 1710) is amended—
(1)by redesignating subsection
(h)as subsection (i); and
(2)by inserting after subsection
(g)the following new sub-section:" “(h) Disposition of Assets in Revitalization Areas.— “(1) In general.— The purpose of this subsection is to require the Secretary to carry out a program under which eligible assets (as such term is defined in paragraph (2)) shall be made available for sale in a manner that promotes the revitalization, through expanded homeownership opportunities, of revitalization areas. Notwithstanding the authority under the last sentence of subsection (g), the Secretary shall dispose of all eligible assets under the program and shall establish the program in accordance with the requirements under this subsection. “(2) Eligible assets.— For purposes of this subsection, the term ‘eligible asset’ means any of the following assets of the Secretary: “(A) Properties.— Any property that— 112 STAT. 2675 “(i) is designed as a dwelling for occupancy by 1 to 4 families; “(ii) is located in a revitalization area; “(iii) was previously subject to a mortgage insured under the provisions of this Act; and “(iv) is owned by the Secretary pursuant to the payment of insurance benefits under this Act. “(B) Mortgages.— Any mortgage that— “(i) is an interest in a property that meets the requirements of clauses
(i)and
(ii)of subparagraph (A); “(ii) was previously insured under the provisions of this Act; and “(iii) is held by the Secretary pursuant to the payment of insurance benefits under this Act. For purposes of this subsection, an asset under this subparagraph shall be considered to be located in a revitalization area, or in the asset control area of a preferred purchaser, if the property described in clause
(i)is located in such area. “(C) Future interests.— Any contingent future interest of the Secretary in an asset described in subparagraph
(A)or (B). “(3) Revitalization areas.— The Secretary shall designate areas as revitalization areas for purposes of this subsection. Before designation of an area as a revitalization area, the Secretary shall consult with affected units of general local government and interested nonprofit organizations. The Secretary may designate as revitalization areas only areas that meet one of the following requirements: “(A) Very-low income area.— The median household income for the area is less than 60 percent of the median household income for— “(i) in the case of any area located within a metropolitan area, such metropolitan area; or “(ii) in the case of any area not located within a metropolitan area, the State in which the area is located. “(B) High concentration of eligible assets.— A high rate of default or foreclosure for single family mortgages insured under the National Housing Act has resulted, or may result, in the area— “(i) having a disproportionately high concentration of eligible assets, in comparison with the concentration of such assets in surrounding areas; or “(ii) being detrimentally impacted by eligible assets in the vicinity of the area. “(C) Low home ownership rate.— The rate for home ownership of single family homes in the area is substantially below the rate for homeownership in the metropolitan area. “(4) Preference for sale to preferred purchasers.— The Secretary shall provide a preference, among prospective purchasers of eligible assets, for sale of such assets to any purchaser who— “(A) is— 112 STAT. 2676 “(i) the unit of general local government having jurisdiction with respect to the area in which are located the eligible assets to be sold; or “(ii) a nonprofit organization; “(B) in making a purchase under the program under this subsection— “(i) establishes an asset control area, which shall be an area that consists of part or all of a revitalization area; and “(ii) purchases all interests of the Secretary in all assets of the Secretary that, at any time during the period which shall be set forth in the sale agreement required under paragraph (7)— “(I) are or become eligible assets; and “(II) are located in the asset control area of the purchaser; and “(C) has the capacity to carry out the purchase of eligible assets under the program under this subsection and under the provisions of this paragraph. “(5) Agreements Required for Purchase.— “(A) Preferred purchasers.— Under the program under this subsection, the Secretary may sell an eligible asset as provided in paragraph
(4)to a preferred purchaser only pursuant to a binding agreement by the preferred purchaser that the eligible asset will be used in conjunction with a home ownership plan that provides as follows: “(i) The plan has as its primary purpose the expansion of home ownership in, and the revitalization of, the asset control area, established pursuant to paragraph (4)(B)(i) by the purchaser, in which the eligible asset is located. “(ii) Under the plan, the preferred purchaser has established, and agreed to meet, specific performance goals for increasing the rate of home ownership for eligible assets in the asset control area that are under the purchaser’s control. The plan shall provide that the Secretary may waive or modify such goals or deadlines only upon a determination by the Secretary that a good faith effort has been made in complying with the goals through the homeownership plan and that exceptional neighborhood conditions prevented attainment of the goal. “(iii) Under the plan, the preferred purchaser has established rehabilitation standards that meet or exceed the standards for housing quality established under subparagraph (B)(iii) by the Secretary, and has agreed that each asset property for an eligible asset purchased will be rehabilitated in accordance with such standards. “(B) Non-preferred purchasers.— Under the program under this subsection, the Secretary may sell an eligible asset to a purchaser who is not a preferred purchaser only pursuant to a binding agreement by the purchaser that complies with the following requirements: “(i) The purchaser has agreed to meet specific performance goals established by the Secretary for home ownership of the asset properties for the eligible 112 STAT. 2677assets purchased by the purchaser, except that the Secretary may, by including a provision in the sale agreement required under paragraph (7), provide for a lower rate of home ownership in sales involving exceptional circumstances. “(ii) The purchaser has agreed that each asset property for an eligible asset purchased will be rehabilitated to comply with minimum standards for housing quality established by the Secretary for purposes of the program under this subsection. “(6) Discount for preferred purchasers.— “(A) In general.— For the purpose of providing a public purpose discount for the bulk sales of eligible assets made under the program under this subsection by preferred purchasers, each eligible asset sold through the program under this subsection to a preferred purchaser shall be sold at a price that is discounted from the value of the asset, as based on the appraised value of the asset property (as such term is defined in paragraph (8)). “(B) Appraisals.— The Secretary shall require that each appraisal of an eligible asset under this paragraph is based upon— “(i) the market value of the asset property in its ‘as is’ physical condition, which shall take into consideration age and condition of major mechanical and structural systems; and “(ii) the value of the property appraised for home ownership. “(C) Discount classes.— The Secretary, in the sole discretion of the Secretary, shall establish the discount under this paragraph for an eligible asset, which shall be in one of the following amounts: “(i) Standard discount.— In the case only of eligible assets with asset properties that, at the time of sale under this subsection, do not meet the standards for housing quality established pursuant to paragraph (5)(B)(ii), an amount that— “(I) is appropriate to provide reasonable resources for the improvement such assets; and “(II) takes into consideration the financial safety and soundness of the Mutual Mortgage Insurance Fund. “(ii) Deep discount.—In the case only of eligible assets described in clause
(i)for which the Secretary determines a deep discount is appropriate, an amount that exceeds the amount of a standard discount under clause (i). In making a determination whether a deep discount is appropriate, the Secretary may consider the condition of the asset property, the extent of resources available to the preferred purchaser, the comprehensive revitalization plan undertaken by such purchaser, or any other circumstances the Secretary considers appropriate. “(iii) Minimal discount.—In the case only of eligible assets with asset properties that, at the time of sale under this subsection, meet or substantially meet the standards for housing quality established 112 STAT. 2678pursuant to paragraph (5)(B)(ii), an amount that is less than the amount of a standard discount under clause
(i)of this subparagraph and is sufficient to provide assistance to the preferred purchaser in meeting costs associated with compliance with the program requirements under this subsection. “(D) Determination of discount class.— The Secretary shall, in the sole discretion of the Secretary, establish a method for determining which discount under clause
(i)or
(ii)subparagraph
(C)shall be provided for an eligible asset that is described in such clause
(i)and sold to a preferred purchaser. The method may result in the assignment of discounts on any basis consistent with subparagraph
(C)that the Secretary considers appropriate to carry out the purposes of this subsection. “(7) Sale agreement.— The Secretary may sell an eligible asset under this subsection only pursuant to a sale agreement entered into under this paragraph with the purchaser, which shall include the following provisions: “(A) Assets.— The sale agreement shall identify the eligible assets to be purchased and the interests sold. “(B) Revitalization area and asset control area.— The sale agreement shall identify— “(i) the boundaries of the specific revitalization areas (or portions thereof) in which are located the eligible assets that are covered by the agreement; and “(ii) in the case of a preferred purchaser, the asset control area established pursuant to paragraph (4)(B)(i) that is covered by the agreement. “(C) Financing.— The sale agreement shall identify the sources of financing for the purchase of the eligible assets. “(D) Binding agreements.— The sale agreement shall contain binding agreements by the purchaser sufficient to comply with— “(i) in the case of a preferred purchaser, the requirements under paragraph (5)(A), which agreements shall provide that the eligible assets purchased will be used in conjunction with a home ownership plan meeting the requirements of such paragraph, and shall set forth the terms of the homeownership plan, including— “(I) the goals of the plan for the eligible assets purchased and for the asset control area subject to the plan; “(II) the revitalization areas (or portions thereof) in which the homeownership plan is operating or will operate; “(III) the specific use or disposition of the eligible assets under the plan; and “(IV) any activities to be conducted and services to be provided under the plan; or “(ii) in the case of a purchaser who is not a preferred purchaser, the requirements under paragraph (5)(B). “(E) Purchase price and discount.— The sale agreement shall establish the purchase price of the eligible 112 STAT. 2679assets, which in the case of a preferred purchaser shall provide for a discount in accordance with paragraph (6). “(F) Housing quality.— The sale agreement shall provide for compliance of the eligible assets purchased with the rehabilitation standards established under paragraph (5)(A)(iii) or the minimum standards for housing quality established under paragraph (5)(B)(ii), as applicable, and shall specify such standards. “(G) Performance goals and sanctions.— The sale agreement shall set forth the specific performance goals applicable to the purchaser, in accordance with paragraph (5), shall set forth any sanctions for failure to meet such goals and deadlines, and shall require the purchaser to certify compliance with such goals. “(H) Period covered.— The sale agreement shall establish— “(i) in the case of a preferred purchaser, the time period referred to in paragraph (4)(B)(ii); and “(ii) in the case of a purchaser who is not a preferred purchaser, the time period for purchase of eligible assets that may be covered by the purchase. “(I) Other terms.— The agreement shall contain such other terms and conditions as may be necessary to require that eligible assets purchased under the agreement are used in accordance with the program under this subsection. “(8) Definitions.— For purposes of this subsection, the following definitions shall apply: “(A) Asset control area.— The term ‘asset control area’ means the area established by a preferred purchaser pursuant to paragraph (4)(B)(i). “(B) Asset property.— The term ‘asset property’ means— “(i) with respect to an eligible asset that is a property, such property; and “(ii) with respect to an eligible asset that is a mortgage, the property that is subject to the mortgage. “(C) Eligible asset.— The term ‘eligible asset’ means an asset described in paragraph (2). “(D) Nonprofit organization.— The term ‘nonprofit organization’ means a private organization that— “(i) is organized under State or local laws; “(ii) has no part of its net earnings inuring to the benefit of any member, shareholder, founder, contributor, or individual; and “(iii) complies with standards of financial responsibility that the Secretary may require. “(E) Preferred purchaser.— The term ‘preferred purchaser’ means a purchaser described in paragraph (4). “(F) Unit of general local government.— The term ‘unit of general local government’ means any city, town, township, county, parish, village, or other general purpose political subdivision of a State. 112 STAT. 2680 “(9) Secretary’s discretion.— The Secretary shall have the authority to implement and administer the program under this subsection in such manner as the Secretary may determine. The Secretary may, in the sole discretion of the Secretary, enter into contracts to provide for the proper administration of the program with such public or nonprofit entities as the Secretary determines are qualified. “(10) Regulations.— The Secretary shall issue regulations to implement the program under this subsection through rule-making in accordance with the procedures established under section 553 of title 5, United States Code, regarding substantive Effective date.rules. Such regulations shall take effect not later than the expiration of the 2-year period beginning on the date of the enactment of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act 1999.”. " Titles I, II, III, IV, and VI of this Act may be cited as the“Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999”. Approved October 21, 1998. LEGISLATIVE HISTORY— [H R. 4194 (S. 2168)](/us/bill/105/s/4194): HOUSE REPORTS: [Nos. 105–610](/us/hrpt/105/610) (Comm. on Appropriations) and [105–769](/us/hrpt/105/769) (Comm. of Conference). SENATE REPORTS: [No. 105–216](/us/srpt/105/216) accompanying [S. 2168](/us/bill/105/s/2168) (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 144 (1998): July 17, 23, 29, considered and passed House. July 30, considered and passed Senate, amended, in lieu of S. 2168. Oct. 6, House agreed to conference report. Oct. 8, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): Oct. 21, Presidential statement. POPULAR NAME INDEX Page Page Note: Part 1 contains pages 3–912; Part 2 contains pages 913–1858; Part 3 contains pages 1859–260; Part 4 contains pages 2681–2786; Part 5 contains pages 2787–3823. Each part contains entire Popular Name and Subject Indexes. A Act to Prevent Pollution from Ships, amendments 1965 Adams National Historical Park Act of 1998 3200 Adult Education Act, amendments 1079 Adult Education and Family Literacy Act, amendments 1059, 2681–416, 2681–417, 3126 Advisory Council on California Indian Policy Act of 1992 2818, 2819 Advisory Council on California Indian Policy Extension Act of 1998 2818 Africa: Seeds of Hope Act of 1998 3460 African Elephant Conservation Act, amendments 911 African Elephant Conservation Reauthorization Act of 1998 911 Age Discrimination Act of 1975, amendments 2681–427 Age Discrimination in Employment Act of 1967, amendments 1092, 1834, 1835 Agricultural Act of 1980, amendments 3465–3467 Agricultural Foreign Investment Disclosure Act of 1978, amendments 3281 Agricultural Market Transition Act, amendments 1516, 2681–36, 2681–38, 2681–46 Agricultural Marketing Act of 1946, amendments 2681–34 Agricultural Research, Extension, and Education Reform Act of 1998 523 Agricultural Research, Extension, and Education Reform Act of 1998, amendments 2681–33 Agricultural Trade Suspension Adjustment Act of 1980, amendments 3467 Agriculture Export Relief Act of 1998 627 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 2681 Agua Caliente Equalization Act of 1959, amendments 2934 Alaska Federal Civilian Energy Efficiency Swap Act of 1980, amendments 3282 Alaska Land Status Technical Corrections Act of 1992, amendments 3130 Alaska National Interest Lands Conservation Act, amendments 2681–296, 3129, 3134, 3516 Alaska Native Claims Settlement Act, amendments 2516, 3130, 3131, 3133–3135 Alternative Dispute Resolution Act of 1998 2993 Alzheimer’s Disease and Related Dementias Research Act of 1992, amendments 3286 Amateur Sports Act of 1978, amendments 1507 American Competitiveness and Workforce Improvement Act of 1998 2681–641 American Fisheries Act 2681–616 American Folklife Preservation Act, amendments 2458, 2459 Amy Somers Volunteers at Food Banks Act 1248 ANCSA Land Bank Protection Act of 1998 3129 Anglo-Irish Agreement Support Act of 1986, amendments 2681–851, 2681–852 Anti-Drug Abuse Act of 1988, amendments 1621, 2646, 2647, 2649, 2755 Anti-Economic Discrimination Act of 1994, amendments 2681–790 Antimicrobial Regulation Technical Corrections Act of 1998 3035 Appalachian Regional Development Act of 1965, amendments 160, 193, 223, 224, 1059, 3126, 3618–3625 Appalachian Regional Development Reform Act of 1998 3618 Arches National Park Expansion Act of 1998 3060 Arkansas Wilderness Act of 1984, amendments 1857 Armament Retooling and Manufacturing Support Act of 1992, amendments 1939 Armed Forces Retirement Home Act of 1991, amendments 2124, 2125 Armored Car Industry Reciprocity Act of 1993, amendments 2776 Armored Car Reciprocity Amendments of 1998 2776 Arms Control and Disarmament Act, amendments 2681–768, 2681–839 Arms Export Control Act, amendments 627, 2681–177, 2681–773 Arts and Artifacts Indemnity Act, amendments 2681–294 Asia Foundation Act, amendments 2681–803 Asset Forfeiture Amendments Act of 1988, amendments 2681–692 Assets for Independence Act 2759 Assistive Technology Act of 1998 3627 Atlantic Tunas Convention Act of 1975, amendments 3452 Atomic Energy Act of 1954, amendments 2681–774, 3292, 3485 Automobile National Heritage Area Act 3247 Aviation Medical Assistance Act of 1998 47 B Balanced Budget Act of 1997, amendments 673, 2420, 2433–2428, 2681–530–2681–533, 2681–535–2681–538, 2681–914 Balanced Budget and Emergency Deficit Control Act of 1985, amendments 488–490, 865 Balanced Budget Downpayment Act, I, amendments 2440, 2525, 2548, 2659 Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 3388 Barry Goldwater Scholarship and Excellence in Education Act, amendments 1618 Bill Emerson Humanitarian Trust Act 3467 Bill Emerson Humanitarian Trust Act of 1998 3465 Biomaterials Access Assurance Act of 1998 1519 Birth Defects Prevention Act of 1998 43 Border Smog Reduction Act of 1998 2773 Bretton Woods Agreements Act, amendments 2681–224 Bulletproof Vest Partnership Grant Act of 1998 512 C Canadian River Project Prepayment Act 2999 Cape Lookout National Seashore Act, amendments 676, 1517 Care fer Police Survivors Act of 1998 511 Carl D. Perkins Vocational and Affiled Technology Education Act, amendments 1618, 3676 Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 3076 Carl D. Perkins Vocational Education Act, amendments 2681–423 Centennial of Flight Commemoration Act 3486 Central Intelligence Agency Act of 1949, amendments 2403, 2404, 2414 Central Intelligence Agency Retirement Act, amendments 2404 Charter School Expansion Act of 1998 2682 Chemical Weapons Convention Implementation Act of 1998 2681–856 Chesapeake Bay Initiative Act of 1998 2961 Child Care and Development Block Grant Act of 1990, amendments 1621 Child Nutrition Act of 1966, amendments 3146, 3153, 3158–3165, 3167, 3281 Child Nutrition Amendments of 1992, amendments 3157 Child Online Protection Act 2681–736 Child Support Performance and Incentive Act of 1998 645 Child Support Performance and Incentive Act of 1998, amendments 2927 Children’s Online Privacy Protection Act of 1998 2681–728 Civil Rights Act of 1964, amendments 1092 Clayton Act, amendments 2824 Clean Air Act, amendments 2681–36, 2681–37, 2773, 3283, 3294 Coast and Geodetic Survey Commissioned Officers’ Act of 1948, amendments 3457, 3458 Coast Guard Authorization Act of 1996, amendments 1900, 3427, 3439 Coast Guard Authorization Act of 1998 3411 Coats Human Services Reauthorization Act of 1998 2702 Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption 1596 Colorado River Floodway Protection Act, 1953, amendments 3289 Columbia River Gorge National Scenic Area Act, amendments 2681–303 Combating Proliferation of Weapons of Mass Destruction Act of 1996, amendments 2681–390, 2681–391 Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, amendments 2681–620 Commercial Space Act of 1998 2843 Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act 1889 Commodity Credit Corporation Charter Act, amendments 580, 2681–34 Commodity Distribution Reform Act and WIC Amendments of 1987, amendments 3167, 3168 Communications Act of 1934, amendments 2681–736, 2681–739 Community Economic Development Act of 1981, amendments 2681–427, 2681–434, 2755 Community Opportunities, Accountability, and Training and Educational Services Act of 1998 2702 Community Scholarship Mobilization Act 1810 Community School Partnership Act, amendments 2681–410 Community Schools Youth Service and Supervision Grant Program Act of 1994, amendments 1621 Community Services Block Grant Act, amendments 1621, 2728 Compact of Free Association Act of 1985, amendments 880 Competitive, Special, and Facilities Research Grant Act, amendments 536, 563, 604 Comprehensive Drug Abuse Prevention and Control Act of 1970, amendments 3285 Comprehensive Environmental Response, Compensation, and Liability Act of 1980, amendments 2497 Computer Maintenance Competition Assurance Act 2886 Congressional Accountability Act of 1995, amendments 2436 Congressional Operations Appropriations Act, 1989, amendments 2434 Congressional Operations Appropriations Act, 1996, amendments 2433 Congressional Operations Appropriations Act, 1999 2430 Consolidated Farm and Rural Development Act, amendments 2681–32, 2681–37–2681–40, 3281 Consolidated Omnibus Budget Reconciliation Act of 1985, amendments 3286 Consumer Reporting Employment Clarification Act of 1998 3208 Controlled Substances Act, amendments 2681–68, 2681–759 Controlled Substances Import and Export Act, amendments 2681–707, 2681–759, 3271 Controlled Substances Trafficking Prohibition Act 2681–707, 3271 Convention on Cultural Property Implementation Act, amendments 2681–788 Coos, Lower Umpqua, and Siuslaw Restoration Act, amendments 1897 Copyright Amendments Act of 1992, amendments 2828 Corporation for the Promotion of Rifle Practice and Firearms Safety Act, amendments 1511 Correction Officers Health and Safety Act of 1998 3374 Cow Creek Band of Umpqua Tribe of Indians Recognition Act, amendments 1898 Cranston-Gonzalez National Affordable Housing Act, amendments 1621, 2547, 2548, 2565, 2609, 2634, 2643, 2644, 2659, 2660, 2681–428, 2681–434 Credit Union Membership Access Act 913 Crime Control Act of 1990, amendments 2681–67, 3291 Crime Identification Technology Act of 1998 1871 Crime Victims With Disabilities Awareness Act 2838 Critical Agricultural Materials Act, amendments 563 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, amendments 2681–790 Curt Flood At of 1998 2824 D Dale Bumpers Wildlife Resources Protection Act 1857 Dante Fascell Biscayne National Park Visitor Center Designation Act 2931 David L. Boren National Security Education Act of 1991, amendments 1622, 2400, 2401 Deadbeat Parents Punishment Act of 1998 618 Defense Against Weapons of Mass Destruction Act of 1996, amendments 2136 Defense Against Weapons of Mass Destruction Act of 1998 2167 Defense Dependents’ Education Act of 1978, amendments 2026, 2054 Defense Production Act of 1950, amendments 2137 Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988, amendments 3258–3261 Denali Commission Act of 1998 2681–637 Department of Agriculture Reorganization Act of 1994, amendments 585 Department of Commerce and Related Agencies Appropriations Act, 1999 2681–77 Department of Defense Appropriation Authorization Act, 1978, amendments 2681–886 Department of Defense Appropriations Act, 1992, amendments 2681–610, 3131 Department of Defense Appropriations Act, 1997, amendments 2681–609 Department of Defense Appropriations Act, 1998 2054 Department of Defense Appropriations Act, 1999 2279 Department of Defense Appropriations Act, 1999, amendments 2054, 2681–559, 2681–609 Department of Defense Authorization Act, 1986, amendments 1942, 1943 Department of Education Appropriations Act, 1998, amendments 88 Department of Education Appropriations Act, 1999 2681–363 Department of Education Organization Act, amendments 1836, 2681–421 Department of Energy Organization Act, amendments 1853 Department of Energy Science Education Enhancement Act, amendments 1853 Department of Health and Human Services Appropriations Act, 1998, amendments 87 Department of Health and Human Services Appropriations Act, 1999 2681–347 Department of Housing and Urban Development Act, amendments 3287 Department of the Interior and Related Agencies Appropriations Act, 1992, amendments 1899 Department of the Interior and Related Agencies Appropriations Act, 1996, amendments 2681–291 Department of the Interior and Related Agencies Appropriations Act, 1997, amendments 2681–266 Department of the Interior and Related Agencies Appropriations Act, 1998, amendments 74, 87, 1900, 2681–293, 2681–295 Department of the Interior and Related Agencies Appropriations Act, 1999 2681–232 Department of Justice Appropriations Act, 1998, amendments 2681–585 Department of Justice Appropriations Act, 1999 2681–50 Department of Labor Appropriations Act, 1999 2681–337 Department of State Appropriation Act of 1937, amendments 2681–812 Department of State and Related Agencies Appropriations Act, 1995, amendments 2681–789 Department of State and Related Agencies Appropriations, 1999 2681–92 Department of State Special Agents Retirement Act of 1998 3406 Department of Transportation and Related Agencies Appropriations Act, 1993, amendments 3295 Department of Transportation and Related Agencies Appropriations Act, 1996, amendments 3187 Department of Transportation and Related Agencies Appropriations Act, 1999 2681–439 Department of Veterans Affairs Health Care Personnel Incentive Act of 1998 3352 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988, amendments 2681–837 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993, amendments 3291 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995, amendments 2681–789 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, amendments 2681–585 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 2681–50 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998, amendments 87, 88 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999 2681–337 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 2483, 2564, 2592 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 2484, 2499 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 2486 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998, amendments 93, 3244 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 2461 Depository Institution-GSE Affiliation Act of 1998 2681–854 Digital Millennium Copyright Act 2860 Dire Emergency Supplemental Appropriations for Disaster Assistance, Food Stamps, Unemployment Compensation Administration, and Other Urgent Needs, and Transfers, and Reducing Funds Budgeted for Military Spending Act of 1990, amendments 2457 Displaced Homemakers Self-Sufficiency Assistance Act, amendments 1059 District of Columbia Adoption Improvement Act of 1998 2681–146 District of Columbia Appropriations Act, 1999 2681–121 District of Columbia Convention Center and Sports Arena Authorization Act of 1995, amendments 1515 District of Columbia Court Reform and Criminal Procedure Act of 1970, amendments 2427, 2428 District of Columbia Courts and Justice Technical Corrections Act of 1998 2419 District of Columbia Financial Responsibility and Management Assistance Act of 1995, amendments 2681–146, 2681–148, 2681–149 District of Columbia Government Comprehensive Merit Personnel Act of 1978, amendments 2681–144 District of Columbia Home Rule Act, amendments 2681–149 District of Columbia Public Education Act, amendments 2681–142 District of Columbia Retirement Reform Act, amendments 2421, 2422, 2681–536, 2681–537 District of Columbia School Reform Act of 1995, amendments 2681–422, 2681–431 Domestic Volunteer Service Act of 1973, amendments 1242, 2681–427, 2681–434 Drive for Teen Employment Act 3137 Drug Demand Reduction Act 2681–751 Drug-Free Media Campaign Act of 1998 2681–752 Drug-Free Prisons and Jails Act of 1998 2681–753 Drug-Free Schools Quality Assurance Act 2681–756 Drug-Free Workplace Act of 1998 2681–707 Dutch John Federal Property Disposition and Assistance Act of 1998 3040 E Economic Development Administration and Appalachian Regional Development Reform Act of 1998 3596 Economic Development Administration Reform Act of 1998 3597 Education Amendments of 1978, amendments 3288 Education of the Deaf Act of 1986, amendments 1829–1833 Education of the Deaf Amendments 1829 Education for Economic Security Act, amendments 1618 Educational Research, Development, Dissemination, and Improvement Act of 1994, amendments 2681–410 Elementary and Secondary Education Act of 1965, amendments 1079, 1080, 1619, 1837, 2681–365, 2681–391, 2681–406–2681–410, 2681–422, 2681–431, 2681–756, 2682, 3125 Emergency Drought Relief Act of 1996, amendments 80 Emergency Farm Financial Relief Act 1516 Emergency Home Finance Act of 1970, amendments 2644 Emergency Jobs and Unemployment Assistance Act of 1974, amendments 2681–422, 2681–423, 2681–431 Employee Retirement Income Security Act of 1974, amendments 662, 668, 2681–436, 2681–437 Employment Act of 1946, amendments 2681–420 Employment Opportunities for Individuals With Disabilities Act 1210 Energy Conservation and Production Act, amendments 1242, 2681–427, 2681–434, 3479 Energy Conservation Reauthorization Act of 1998 3477 Energy Policy Act of 1992, amendments 1853, 2681–48, 2681–49, 3282, 3283, 3480–3482, 3484, 3485 Energy Policy and Conservation Act, amendments 105, 1620, 3477–3479, 3482 Energy Reorganization Act of 1974, amendments 2247 Energy and Water Development Appropriations Act, 1999 1838 Energy and Water Development Appropriations Act, 1999, amendments 2681–543 Environmental Policy and Conflict Resolution Act of 1998 8 Environmental Programs Assistance Act of 1984, amendments 2681–426, 2681–434 Equity in Educational Land-Grant Status Act of 1994, amendments 557, 563, 3126 Ethics in Government Act of 1978, amendments 3011 European Security Act of 1998 2681–839 Examination Parity and Year 2000 Readiness for Financial Institutions Act 32 Executive Office Appropriations Act, 1999 2681–492 Export Administration Act of 1979, amendments 2681–793 Extradition Treaties Interpretation Act of 1998 3033 F FAA Research, Engineering, and Development Authorization Act of 1998 5 Fair Credit Reporting Act, amendments 3208–3211 Fair Labor Standards Act of 1938, amendments 1248, 3137 Fair Trade in Automotive Parts Act of 1998 2275 Fairness In Music Licensing Act of 1998 2830 Fall River Water Users District Rural Water System Act of 1998 3222 Family and Community Endeavor Schools Act, amendments 2681–410 Family Educational Rights and Privacy Act of 1974, amendments 1835 Family Violence Prevention and Services Act, amendments 3589 Farmer-to-Consumer Direct Marketing Act of 1976, amendments 3281 Fascell Fellowship Act, amendments 2681–788 Fastener Quality Act, amendments 1536 Federal Activities Inventory Reform Act of 1998 2382 Federal Agriculture Improvement and Reform Act of 1996, amendments 557, 563, 603, 604, 1617, 2681–33 Federal Aid in Fish Restoration Act, amendments 483–486 Federal Aviation Reauthorization Act of 1996, amendments 2681–587 Federal Civil Penalties Inflation Adjustment Act of 1990, amendments 3293 Federal Credit Union Act, amendments 35, 913 Federal Crop Insurance Act, amendments 580–583, 2681–38 Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994, amendments 2681–41, 2681–305 Federal Deposit Insurance Act, amendments 35, 2681–854, 3291 Federal Employees Health Care Protection Act of 1998 2363 Federal Employees Life Insurance Improvement Act 2950 Federal Food, Drug, and Cosmetic Act, amendments 2681–30, 3035–3037, 3285 Federal Home Loan Mortgage Corporation Act, amendments 2483 Federal Housing Enterprises Financial Housing Safety and Soundness Act of 1992, amendments 2483 Federal Lands Cleanup Act of 1985, amendments 1509 Federal Maritime Commission Authorization Act of 1990, amendments 3443 Federal Oil and Gas Royalty Management Act of 1982, amendments 3290 Federal Power Act, amendments 625 Federal Property and Administrative Services Act of 1949, amendments 2083, 2085 Federal Reports Elimination Act of 1998 3280 Federal Reports Elimination and Sunset Act of 1995, amendments 2681–790 Federal Transit Act of 1998 338 Federal Transit Act of 1998, amendments 852–863, 2681–476 Federal Triangle Development Act, amendments 2681–788 Federal Vacancies Reform Act of 1998 2681–611 Federal Water Pollution Control Act, amendments 1620, 3283, 3284, 3432 Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act 3591 Fish and Wildlife Act of 1956, amendments 1574–1578 Fish and Wildlife Improvement Act of 1978, amendments 3058 Fish and Wildlife Revenue Enhancement Act of 1998 3057 Fisheries Financing Act, amendments 2681–635 Food and Agriculture Act of 1977, amendments 3281 Food, Agriculture, Conservation, and Trade Act Amendments of 1991, amendments 2681–31 Food, Agriculture, Conservation, and Trade Act of 1990, amendments 547, 549, 554–556, 562, 563, 604 Food for Progress Act of 1985, amendments 2681–45 Food Security Act of 1985 2681–32 Food Security Wheat Reserve Act of 1980, amendments 3466 Food Stamp Act of 1977, amendments 575, 2681–418, 2681–429, 3281, 3399 Foreign Affairs Agencies Consolidation Act of 1998 2681–765 Foreign Affairs Reform and Restructuring Act of 1998 2681–761 Foreign Agents Registration Act of 1938, amendments 39 Foreign Assistance Act of 1961, amendments 885, 2681–156, 2681–157, 2681–174, 2681–198, 2681–205, 2681–773, 2681–815, 2681–817, 2681–849–2681–851, 2794, 2795, 2809–2811, 3017, 3293 Foreign Assistance and Related Programs Appropriations Act, 1985, amendments 2681–156 Foreign Corrupt Practices Act of 1977, amendments 3304–3306 Foreign Direct Investment and International Financial Data Improvements Act of 1990, amendments 2136 Foreign Intelligence Surveillance Act of 1978, amendments 2404, 2410, 2412 Foreign Missions Act, amendments 3385 Foreign Operations Appropriations Act, 1996, amendments 2160 Foreign Operations, Export Financing, and Related Agencies Appropriations Act, 1990, amendments 2681–389 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, amendments 99, 2681–823 Foreign Operations, Export Financing, and Related Agencies Appropriations Act, 1999 2681–150 Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, amendments 1619, 2681–817 Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, amendments 2681–790, 2681–817 Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, amendments 2681–811, 2681–817 Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, amendments 2681–787, 2681–789, 2681–790, 2681–817, 2681–832 Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, amendments 1619, 2681–811, 2681–824, 2681–825 Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 2681–801 Foreign Relations Authorization Act of 1972, amendments 2681–775, 2681–789 Foreign Service Act, amendments 2681–585 Foreign Service Act of 1980, amendments 2681–788, 2681–793, 2681–808–2681–810, 2681–819, 2681–826–2681–828, 2795, 2811, 2812, 3406–3408 Foreign Service Buildings Act, 1926, amendments 2681–814 Foreign Shipping Practices Act of 1988, amendments 1911 Forest and Rangeland Renewable Resources Research Act of 1978, amendments 558, 559, 561, 2681–32 FREEDOM Support Act, amendments 2681–422 Full Employment and Balanced Growth Act of 1978, amendments 2681–421, 2681–431 G Gallatin Land Consolidation Act of 1998 2371 General Education Provisions Act, amendments 1618, 1835, 1836, 2681–374 Glacier Bay National Park Boundary Adjustment Act of 1998 3002 Goals 2000: Educate America Act, amendments 2681–410, 2681–788 Government Paperwork Elimination Act 2681–749 Granger-Thye Act, amendments 2681–298 Granite Watershed Enhancement and Protection Act of 1998 2695 Grant-Kohrs Ranch National Historic Site Boundary Adjustment Act of 1998 3301 Great Lakes Fish and Wildlife Restoration Act of 1990, amendments 2358, 2359, 2361 Great Lakes Fish and Wildlife Restoration Act of 1998 2358 Guam Organic Act Amendments of 1998 2785 H Haitian Refugee Immigration Fairness Act of 1998 2681–538 Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 3447 Harry S Truman Memorial Scholarship Act, amendments 1618 Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 3171 Hatch Act of 1887, amendments 526, 528, 529, 532–535, 2681–33 Hawaii Volcanoes National Park Adjustment Act of 1998 3401 Head Start Act, amendments 1621, 2703, 2705, 2710–2719, 2721–2723, 2727 Head Start Amendments of 1998 2703 Head Start Transition Project Act, amendments 2728 Health Professions Education Extension Amendments of 1992, amendments 3552 Health Professions Education Partnerships Act of 1998 3524 Helen Keller National Center Act, amendments 1241 Helium Act, amendments 3291 Herger-Feinstein Quincy Library Group Forest Recovery Act 2681–305 High-Performance Computing Act of 1991, amendments 2919–2921, 2924 High Seas Driftnet Fisheries Enforcement Act, amendments 1908 Higher Education Act of 1965, amendments 496–498, 908, 1585, 1618, 1636, 2681–421, 2681–431, 2681–788 Higher Education Amendments of 1986, amendments 3127 Higher Education Amendments of 1992, amendments 1618, 1619, 1820, 3128, 3282 Higher Education Amendments of 1998 1581 Highway Safety Act of 1966, amendments 452 Holocaust Victims Redress Act 15 Home Owners’ Loan Act, amendments 33 Homeowners Protection Act of 1998 897 Honey Research, Promotion, and Consumer Information Act, amendments 587–590, 594–602, 2681–33 Hoopa Valley Reservation South Boundary Adjustment Act, amendments 1897 Housing Act of 1949, amendments 2610, 2661–2663, 2669, 2681–425, 2681–433, 3281 Housing and Community Development Act of 1974, amendments 2487, 2492, 2564, 2610, 2644, 2651, 2659 Housing and Community Development Act of 1978, amendments 2660 Housing and Community Development Act of 1980, amendments 2653 Housing and Community Development Act of 1987, amendments 2610, 2643, 2644, 3287 Housing and Community Development Act of 1992, amendments 2486, 2548, 2610, 2643, 2644, 2658, 3287, 3292 Housing and Community Development Amendments of 1978, amendments 2548, 2610 Housing and Community Development Amendments of 1981, amendments 2643 Housing and Urban Development Act of 1965, amendments 2548 Housing and Urban Development Act of 1968, amendments 2655, 2656 Housing and Urban-Rural Recovery Act of 1983, amendments 2643, 3287 Housing Opportunity Program Extension Act of 1996, amendments 2663 Human Rights, Refugee, and Other Foreign Relations Provisions Act, 1996, amendments 2681–834 Human Services Reauthorization Act of 1986, amendments 2755 Hydrographic Services Improvement Act of 1998 3454 Hydrographic Services Improvement Act of 1998, amendments 3445 I Idaho Admission Act, amendments 2822 Identity Theft and Assumption Deterrence Act of 1998 3007 Illegal Immigration and Immigrant Responsibility Act of 1996, amendments 2681–67, 2681–68 Illegal Immigration Reform and Immigrant Responsibility Act of 1996, amendments 1918, 2653, 2681–104 Illinois and Michigan Canal National Heritage Corridor Act of 1984, amendments 3261 Immigration and Nationality Act, amendments 56, 2681–68, 2681–419, 2681–430, 2681–641–2681–643, 2681–645, 2681–648–2681–652, 2681–654, 2681–657, 2681–658, 2681–819, 2681–820, 2812, 2814, 3014, 3015, 3125 Immigration Reform and Control Act of 1988, amendments 1058, 2681–417 Improving America’s Schools Act of 1994, amendments 1618, 2681–410, 3126 Independent Agencies Appropriations Act, 1999 2681–498 India-Pakistan Relief Act of 1998 2681–40 Indian Child Protection and Family Violence Prevention Act, amendments 3287 Indian Financing Act of 1974, amendments 3287 Indian Health Care Amendments of 1988, amendments 3286 Indian Health Care Improvement Act, amendments 1897, 1900, 2681–295, 3285, 3286 Indian Self-Determination and Education Assistance Act, amendments 3288 Indian Tribal Tort Claims and Risk Management Act of 1998 2681–335 Inspector General Act of 1978, amendments 705–709, 2415, 2417, 2681–776, 2681–792 Intelligence Authorization Act, Fiscal Year 1992, amendments 2681–788 Intelligence Authorization Act for Fiscal Year 1999 2396 Intelligence Community Whistleblower Protection Act of 1998 2413 Intelligent Transportation Systems Act of 1998 452 Interior Department Appropriation Act, 1953, amendments 3289 Interior Department Appropriation Act, 1954, amendments 3289 Intermodal Surface Transportation Efficiency Act of 1991, amendments 136, 151, 154, 185, 188–192, 194, 211, 212, 379–381, 463, 2681–480, 3294 Internal Revenue Code of 1986, amendments 499, 685, 1511, 2681–741, 2681–742, 2681–887, 2681–906–2681–912 Internal Revenue Service Restructuring and Reform Act of 1998 685 Internal Revenue Service Restructuring and Reform Act of 1998, amendments 2681–906, 2681–907 International Anti-Bribery and Fair Competition Act of 1998 3302 International Child Abduction Remedies Act, amendments 2681–812 International Claims Settlement Act of 1949, amendments 2681–812 International Coffee Agreement Act of 1980, amendments 3294 International Development Cooperation Act of 1979, amendments 2681–793 International Financial Institutions Act, amendments 2681–224, 2681–228, 2681–230, 2810 International Health Research Act of 1960, amendments 3286 International Maritime and Port Security Act of 1986, amendments 2681–819 International Organization Immunities Act, amendments 2681–101 International Religious Freedom Act of 1998 2787 International Security and Development Cooperation Act of 1985, amendments 2681–115, 2681–817 Internet Tax Freedom Act 2681–719 Interstate 90 Land Exchange Act of 1998 2681–326 Investment Company Act of 1940, amendments 3236, 3237 Iraq Liberation Act of 1998 3178 Irish Peace Process Cultural and Training Program Act of 1998 3013 Irrigation Project Contract Extension Act of 1998 2816 J James Madison Memorial Fellowship Act, amendments 1618 Japan-United States Friendship Act, amendments 2681–101 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act 1745 Jicarilla Apache Tribe Water Rights Settlement Act, amendments 1898, 1899 Job Training Partnership Act, amendments 1059 Job Training Reform Amendments of 1992, amendments 2681–423 John F. Kennedy Center Act, amendments 1513 John F. Kennedy Center for the Performing Arts Authorization Act of 1998 1513 Judicial Improvements and Access to Justice Act, amendments 2998 Judiciary Appropriations Act, 1999, The 2681–89 Juniper Butte Range Withdrawal Act 2226 Justice Assistance Act of 1984, amendments 3291 Juvenile Justice and Delinquency Prevention Act of 1974, amendments 2681–75, 2681–76 K King Holiday and Service Act of 1994, amendments 1510 L Land Between the Lakes Protection Act of 1998 2681–310 Land Remote Sensing Policy Act of 1992, amendments 2854 Land and Water Conservation Fund Act of 1965, amendments 500, 3055 Launch Services Purchase Act of 1990, amendments 2855 Law Enforcement Scholarship and Recruitment Act, amendments 1621 Lead-Based Paint Poisoning Prevention Act, amendments 2564 Legislative Branch Appropriations Act, 1977, amendments 2434 Legislative Branch Appropriations Act, 1989, amendments 2434, 2445 Legislative Branch Appropriations Act, 1991, amendments 2439 Legislative Branch Appropriations Act, 1996, amendments 2433 Legislative Branch Appropriations Act, 1998, amendments 2445, 2452–2454 Legislative Branch Appropriations Act, 1998 2430 Legislative Branch Appropriations Act, 1999, amendments 2681–545 Library of Congress Bicentennial Commemorative Coin Act of 1998 2378 Lobbying Disclosure Act of 1895, amendments 38 Lobbying Disclosure Technical Amendments Act of 1998 38 Lorton Technical Corrections Act of 1998 2681–600 Low-Income Home Energy Assistance Act of 1981, amendments 2756–2759 Low-Income Home Energy Assistance Amendments of 1998 2756 Low-Income Housing Preservation and Resident Homeownership Act of 1990, amendments 2548 M Magnuson-Stevens Fishery Conservation and Management Act, amendments 3454 Mammography Quality Standards Reauthorization Act of 1998 1864 Manufactured Housing Construction and Safety Standards Act of 1974, amendments 2660 Marine Mammal Protection Act, amendments 2681–238 Marion National Fish Hatchery and Claude Harris National Aquacultural Research Center Conveyance Act 1564 Marsh-Billings National Historical Park Establishment Act, amendments 2681–267 Martin Luther King, Jr., Federal Holiday Commission Extension Act, amendments 1510 Merchant Marine Act, 1920, amendments 1915 Merchant Marine Act, 1936, amendments 2031, 2137, 3467 Methamphetamine Trafficking Penalty Enhancement Act of 1998 2681–759 Miccosukee Reserved Area Act 2964 Michigan Indian Land Claims Settlement Act, amendments 87 Migratory Bird Hunting and Conservation Stamp Promotion Act 2381 Migratory Bird Hunting Stamp Act, amendments 2381 Migratory Bird Treaty Act, amendments 2956 Migratory Bird Treaty Reform Act of 1998 2956 Miles Land Exchange Act of 1998 2778 Military Construction Appropriations Act, 1999 1553 Military Construction Authorization Act for Fiscal Year 1995, amendments 2197, 2223 Military Construction Authorization Act for Fiscal Year 1996, amendments 2209, 2217, 2225 Military Construction Authorization Act for Fiscal Year 1997, amendments 2196 Military Construction Authorization Act for Fiscal Year 1998, amendments 2185, 2198, 2208 Military Construction Authorization Act for Fiscal Year 1999 2182 Military Construction Authorization Act for Fiscal Years 1990 and 1991, amendments 2197 Military Construction Authorization Act, 1979, amendments 2223 Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 3471 Money Laundering and Financial Crimes Strategy Act of 1998 2941 Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992, amendments 8–10, 12, 1619, 2681–512 Mount St. Helens National Volcanic Monument Completion Act 2690 Multifamily Assisted Housing Reform and Affordability Act of 1997, amendments 2608, 2659 Mutual Educational and Cultural Exchange Act of 1961, amendments 1619, 2681–790, 2681–832, 2811 N Nation’s Capital Bicentennial Designation Act, amendments 2681–149 National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993, amendments 2851, 3292 National Aeronautics and Space Administration Authorization Act, 1984, amendments 3292 National Aeronautics and Space Administration Authorization Act, 1985, amendments 3292 National Aeronautics and Space Administration Authorization Act of 1986, amendments 3292 National Aeronautics and Space Administration Authorization Act of 1988, amendments 3292 National Agricultural Research, Extension, and Teaching Policy Act Amendments ofl981, amendments 563 National Agricultural Research, Extension, and Teaching Policy Act Amendments ofl985, amendments 563 National Agricultural Research, Extension, and Teaching Policy Act of 1977, amendments 528, 537–547, 562, 563, 603, 604, 1617, 3281 National and Community Service Act of 1990, amendments 1242, 1621, 1622, 2681–427, 2681–428, 2681–434, 2681– 787, 3244 National Aquaculture Act of 1980, amendments 563 National Bone Marrow Registry Reauthorization Act of 1998 631 National Capital Revitalization and Self-Government Improvement Act of 1997, amendments 2681–147, 2681–600 National Cave and Karst Research Institute Act of 1998 3038 National Child Protection Act of 1993, amendments 1885 National Crime Prevention and Privacy Compact Act of 1998 1874 National Criminal History Access and Child Protection Act 1874 National Defense Authorization Act for Fiscal Year 1987, amendments 2225 National Defense Authorization Act, Fiscal Year 1989, amendments 2123 National Defense Authorization Act for Fiscal Year 1991, amendments 877, 2109, 2120, 2681–419 National Defense Authorization Act for Fiscal Year 1993, amendments 1618, 2025, 2026, 2681–419, 2681–420, 2681–430, 3125 National Defense Authorization Act for Fiscal Year 1994, amendments 1617, 1952, 1954, 2681–420, 2681–430 National Defense Authorization Act for Fiscal Year 1995, amendments 2225, 2248, 2253, 2257 National Defense Authorization Act for Fiscal Year 1996, amendments 1953, 1983 National Defense Authorization Act for Fiscal Year 1997, amendments 2054, 2086, 2125, 2161, 2271, 2681–609 National Defense Authorization Act for Fiscal Year 1998, amendments 1940, 1992, 2014, 2038, 2083, 2134, 2136, 2156, 2168, 2171, 2180, 2246, 2257, 2681–420, 2681–430 National Defense Authorization Act for Fiscal Years 1992 and 1993, amendments 1620, 1946, 3282 National Drought Policy Act of 1998 641 National Education Statistics Act of 1994, amendments 1619 National Emergencies Act, amendments 3291 National Energy Conservation Policy Act, amendments 2681–427, 2681–434, 3477, 3479 National Fallen Firefighters Foundation Act, amendments 1510, 2510, 2511 National Film Preservation Foundation Act, amendments 1511 National Fish and Wildlife Establishment Act, amendments 2681–120 National Flood Insurance Act of 1968, amendments 2502, 2503, 2663 National Foundation on the Arts and Humanities Act of 1965, amendments 2681–293 National Geologic Mapping Act of 1992, amendments 3291 National Highway System Designation Act of 1995, amendments 188, 192 National Highway Traffic Safety Administration Reauthorization Act of 1998 465 National Housing Act, amendments 1837, 2486, 2489–2491, 2644, 2654, 2655, 2665, 2671, 2673, 2674 National Institute of Standards and Technology Act, amendments 2935, 2937 National Institutes of Health Revitalization Act of 1993, amendments 3590 National Kiwifruit Research, Promotion, and Consumer Information Act, amendments 585 National Literacy Act of 1991, amendments 1079 National Oceanic and Atmospheric Administration Authorization Act of 1992, amendments 3282 National Park Foundation Act, amendments 3520 National Park Service Concessions Management Improvement Act of 1998 3503 National Park Service Concessions Policy Act, amendments 3515 National Park Service Organic Act, amendments 3515 National Park System General Authorities Act, amendments 3501, 3515, 3522 National Park System New Areas Studies Act 3501 National Parks Omnibus Management Act of 1998 3497 National Parks and Recreation Act of 1978, amendments 3202 National School Lunch Act, amendments 1242, 3144–3154, 3156, 3157 National Science Foundation Act of 1950, amendments 873, 875 National Science Foundation Authorization Act, 1976, amendments 874 National Science Foundation Authorization Act of 1998 869 National Science Foundation Authorization Act of 1988, amendments 874 National Sea Grant College Program Act, amendments 21, 99 National Sea Grant College Program Reauthorization Act of 1998 21 National Security Act of 1947, amendments 2400, 2401, 2681–693, 2800 National Skill Standards Act of 1994, amendments 2681–422 National Space Grant College and Fellowship Act, amendments 3292 National Telecommunications and Information Administration Organization Act, amendments 2132 National Underground Railroad Network to Freedom Act of 1998 678 National Visitor Center Facilities Act of 1968, amendments 188 National Whale Conservation Fund Act of 1998 2681–119 National Wildlife Refuge System Administration Act of 1966, amendments 2958 National Wildlife Refuge System Improvement Act of 1998 2957 National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 1574 Native American Housing Assistance and Self-Determination Act of 1996, amendments 1900, 2656–2659 Native American Programs Act Amendments of 1998 3278 Native American Programs Act of 1974, amendments 3278 Native Americans Educational Assistance Act, amendments 3288 Native Hawaiian Health Care Improvement Act, amendments 1899 NATO Participation Act of 1994, amendments 2681–842 Navajo Community College Act, amendments 1829 Navajo-Hopi Land Dispute Settlement Act of 1996, amendments 1897 Nazi War Crimes Disclosure Act 1859 Next Generation Internet Research Act of 1998 2919 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia, amendments 2271 1998 Supplemental Appropriations and Rescissions Act 58 1998 Supplemental Appropriations and Rescissions Act, amendments 2486, 2681–236 Niobrara Scenic River Designation Act of 1991, amendments 3290 Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 2926 Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, amendments 3295 North American Free Trade Agreement Implementation Act, amendments 790, 2926 North American Wetlands Conservation Act, amendments 2958 Northwest Atlantic Fisheries Convention Act of 1995, amendments 3451, 3452 Northwest Straits Marine Conservation Initiative Act 3458 Nuclear Non-Proliferation Act of 1978, amendments 2681–775 Nuclear Waste Policy Act of 1982, amendments 1853 Nursing Education and Practice Improvement Act of 1998 3562 O Occupational Safety and Health Act of 1970, amendments 638, 640, 1572 Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998 638 Ocean Shipping Reform Act of 1998 1902 Oceans Act of 1992, amendments 3439 Office of Federal Procurement Policy Act, amendments 2083, 2136, 2681–879 Office of National Drug Control Policy Reauthorization Act of 1998 2681–670 Oil Pollution Act of 1990, amendments 2681–471, 3421, 3429, 3440 Older Americans Act of 1965, amendments 1080, 1087, 1620, 2681– 416, 2681–425, 2681–426, 2681–433, 2755, 3126 Olympic and Amateur Sports Act Amendments of 1998 2681–603 Omnibus Budget Reconciliation Act of 1985, amendments 3286 Omnibus Budget Reconciliation Act of 1987, amendments 3286 Omnibus Budget Reconciliation Act of 1989, amendments 3286 Omnibus Budget Reconciliation Act of 1990, amendments 1856, 3286 Omnibus Budget Reconciliation Act of 1993, amendments 668 Omnibus Consolidated Appropriations Act, 1997, amendments 1918, 2681–526 Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 2681, 2681–919 Omnibus Consolidated Rescissions and Appropriations Act of 1996, amendments 2681–291 Omnibus Crime Control and Safe Streets Act of 1968, amendments 511, 512, 515, 1620, 2681–70, 2681–76, 2681–426, 2681–433, 2841, 3495 Omnibus Diplomatic Security and Antiterrorism Act of 1986, amendments 2681–586 Omnibus Parks and Public Lands Management Act of 1996, amendments 1618, 3205, 3266 Online Copyright Infringement Liability Limitation Act 2877 Oregon Public Lands Transfer and Protection Act of 1998 3020 Organic Act of Guam, amendments 2785, 2786, 3290 Organic Foods Production Act of 1990, amendments 585 Outer Continental Shelf Lands Act, amendments 3290 P Pacific Yew Act, amendments 3289 Packers and Stockyards Act, amendments 2681–46 Panama Canal Act Amendments of 1996, amendments 2271 Panama Canal Act of 1979, amendments 2268 Panama Canal Commission Authorization Act for Fiscal Year 1999 2267 Partnerships for Wildlife Act, amendments 2958 Persian Gulf War Veterans Act of 1998 2681–742 Persian Gulf War Veterans’ Benefits Act, amendments 3325 Persian Gulf War Veterans’ Health Status Act, amendments 3323, 3325 Personal Responsibility and Work Opportunity Reconciliation Act of 1996, amendments 578–580, 657, 2681–419, 2681–429, 2681–430, 2926, 2927, 3149 Petroglyph National Monument Boundary Adjustment Act 82 Petroglyph National Monument Establishment Act of 1990, amendments 84, 85 Petroleum Overcharge Distribution and Restitution Act of 1986, amendments 2681–295 Plant Patent Amendments Act of 1998 2780 Police Corps Act, amendments 1621, 2681–597 Police, Fire, and Emergency Officers Educational Assistance Act of 1998 3495 Ports and Waterways Safety Act, amendments 3417 Postal Employees Safety Enhancement Act 1572 Postal Service Appropriations Act, 1999 2681–492 Presidential Inaugural Ceremonies Act, amendments 1504 Preventive Health Amendments of 1993, amendments 3587 Protection of Children From Sexual Predators Act of 1998 2974 Public and Assisted Housing Drug Elimination Act of 1990, amendments 2488 Public and Assisted Housing Drug Elimination Program Amendments of 1998, amendments 2646 Public Health Service Act, amendments 43, 82, 631, 1620, 1353, 1864, 2681–359, 2681–362, 2681–387, 2681–388, 2681–438, 2681–741, 3191–3195, 3285, 3525, 3537, 3539, 3541, 3552, 3553, 3557, 3559–3579, 3581, 3582, 3585–3591, 3593 Public Works and Economic Development Act of 1965, amendments 3597, 3616, 3617 Q Quality Housing and Work Responsibility Act of 1998 2518 R Radio Broadcasting to Cuba Act, amendments 2681–780 Radio Free Asia Act of 1998 2277 Railroad Retirement Act of 1974, amendments 2681–391 Railroad Revitalization and Regulatory Reform Act of 1976, amendments 471, 477 Randolph-Sheppard Act, amendments 1241 Reclamation Projects Authorization and Adjustment Act of 1992, amendments 3025 Red Rock Canyon National Conservation Area Establishment Act of 1990, amendments 2349 Refugee Education Assistance Act of 1980, amendments 1079, 2681–419, 2681–430 Regional Rail Reorganization Act of 1973, amendments 477 Rehabilitation Act Amendments of 1998 1092 Rehabilitation Act of 1973, amendments 1092, 1093, 1116, 1167, 1183, 1198, 1202, 1203, 1206, 1210, 1217, 1241, 1620, 2681–412–2681–416, 3127, 3651, 3653, 3661, 3662 Religious Liberty and Charitable Donation Protection Act of 1998 517 Renewable Resources Extension Act of 1978, amendments 563 Research Facilities Act, amendments 530, 563 Residency Requirement Reinstatement Amendment Act of 1998, amendments 2681–146 Resolution Trust Corporation Completion Act, amendments 910 Revised Organic Act of the Virgin Islands, amendments 3290 Rhinoceros and Tiger Conservation Act of 1994, amendments 2959–2961 Rhinoceros and Tiger Conservation Act of 1998 2959 Ricky Ray Hemophilia Relief Fund Act of 1998 3368 Right to Financial Privacy Act of 1978, amendments 2351 Route 66 Study Act of 1990, amendments 3290 Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988, amendments 2681–32 S Salton Sea Reclamation Act of 1998 3377 San Luis Rey Indian Water Rights Settlement Act, amendments 1899 Sand Creek Massacre National Historic Site Study Act of 1998 1579 School-to-Work Opportunities Act of 1994, amendments 1622 School-to-Work Opportunity Act of 1994, amendments 3288 Science and Engineering Equal Opportunities Act, amendments 874 Scientific and Advanced-Technology Act of 1992, amendments 1620 Sea Grant Program Improvement Act of 1976, amendments 24 Securities Act of 1933, amendments 3227, 3230, 3235, 3237 Securities Exchange Act of 1934, amendments 3230, 3233–3235, 3302, 3303 Securities Litigation Uniform Standards Act of 1998 3227 Shipping Act of 1984, amendments 1902, 3440, 3441 Sikes Act, amendments 2206 Small Business Act, amendments 2681–420, 2681–430, 2681–708, 2681–710 Small Business Job Protection Act of 1996, amendments 822, 823 Smith-Lever Act, amendments 525, 528, 529, 531, 534, 536, 2681–33 Snyder Act, amendments 1619 Social Security Act, amendments 498, 499, 646–648, 657, 658, 661, 662, 668–674, 2681–361, 2681–389, 2681–425, 2681–432, 2681–911, 2681–913–2681–917, 2927–2929, 3286 Social Security Act Amendments of 1994, amendments 674 Solid Waste Disposal Act, amendments 3284 Solid Waste Disposal Act Amendments of 1980, amendments 3284 Sonny Bono Copyright Term Extension Act 2827 Southern Nevada Public Land Management Act of 1998 2343 Soviet-Eastern European Research and Training Act of 1983, amendments 1619 Special Foreign Assistance Act of 1986, amendments 2681–817 Sportfishing and Boating Safety Act of 1998 482 State Department Authorities Act of 1956, amendments 2681–789 State Department Basic Authorities Act of 1956, amendments 2681–767, 2681–775, 2681–776, 2681–792, 2681–804, 2681–805, 2681–808–2681–810, 2681–812, 2681–815, 2681–818, 2681–823–2681–826, 3029, 3385 Stevenson-Wydler Technology Innovation Act of 1980, amendments 2935, 2938, 2939, 3655 Stewart B. McKinney Homeless Assistance Act, amendments 1059, 2681–417, 2681–427–2681–429, 2681–434 Stewart B. McKinney Homeless Assistance Amendments Act of 1988, amendments 2529 Strategic and Critical Materials Stock Piling Act, amendments 2264 Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 1920 Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, amendments 2681–610 Superfund Amendments and Reauthorization Act of 1986, amendments 3284 Supplemental Appropriations Act, 1973 2432, 2433 Support for East European Democracy
(SEED)Act of 1989, amendments 790 Surface Mining Control and Reclamation Act of 1977, amendments 1620 Surface Transportation Assistance Act of 1978, amendments 193 Surface Transportation Assistance Act of 1982, amendments 192 Surface Transportation Revenue Act of 1998 499 Surface Transportation and Uniform Relocation Assistance Act of 1987, amendments 192 Sustainable Fisheries Act, amendments 3454 T Tariff Act of 1930, amendments 1916 Tax and Trade Relief Extension Act of 1998 2681–886 Tax Technical Corrections Act of 1998 790 Taxpayer Bill of Rights 3 726 Taxpayer Relief Act of 1997, amendments 506, 792, 796, 800, 806, 807, 809, 812, 813, 815–822, 2681–902, 2681–909 TEA 21 Restoration Act 834 Tech-Prep Education Act 3117 Technical and Miscellaneous Revenue Act of 1988, amendments 722, 3286 Technology Administration Act of 1998 2935 Technology-Related Assistance for Individuals With Disabilities Act of 1988, amendments 1242, 1620, 3661 Telecommunications Act of 1934, amendments 1621 Telemarketing Fraud Prevention Act of 1998 520 Television Broadcasting to Cuba Act, amendments 2681–781 Texas Low-Level Radioactive Waste Disposal Compact Consent Act 1542 Thomas Alva Edison Commemorative Coin Act 3073 Torture Victims Relief Act of 1998 3016 Trade Act of 1974, amendments 789, 1087, 2681–421, 2681–431, 2681–726, 2681–900, 2681–901, 3294 Trade and Tariff Act of 1984, amendments 2681–524 Trade Deficit Review Commission Act 2681–547 Trade Expansion Act of 1962, amendments 789 Trademark Act of 1946, amendments 3064–3070 Trademark Law Treaty Implementation Act 3064 Trans-Atlantic Pipeline System Reform Act of 1990, amendments 2681–471 Transportation Equity Act for the 21st Century 107 Transportation Equity Act for the 21st Century, amendments 834, 2681–474, 2681–476–2681–478 Transportation Infrastructure Finance and Innovation Act of 1998 241 Travel and Transportation Reform Act of 1998, amendments 2350 Treasury Department Appropriations Act, 1999 2681–480 Treasury and General Government Appropriations Act, 1999 2681–480 Treasury, Postal Service, and General Government Appropriations Act, 1988, amendments 3294 Treasury, Postal Service, and General Government Appropriations Act, 1997, amendments 2681–519 Tribal Economic Development and Technology Related Education Assistance Act of 1990, amendments 1827 Tribal Self-Governance Act, amendments 2681–264 Tribally Controlled Colleges or University Act of 1978, amendments 1829 Tribally Controlled Community College Assistance Act, amendments 1619 Tribally Controlled Community College Assistance Act of 1978, amendments 1827 Tribally Controlled Schools Act of 1988, amendments 3288 Tropical Forest Conservation Act of 1998 885 Trust Indenture Act of 1939, amendments 3237 Twenty-First Century Workforce Commission Act 1087 U U.S. Holocaust Assets Commission Act of 1998 611 Undetectable Firearms Act of 1988, amendments 2681–528 Uniformed and Overseas Citizens Absentee Voting Act of 1986, amendments 2681–817 United States Canada Free-Trade Agreement Implementation Act of 1988, amendments 789 United States-Hong Kong Policy Act of 1992, amendments 790 United States Housing Act of 1937, amendments 2485, 2511, 2522–2531, 2539, 2543, 2547, 2549–2551, 2561–2565, 2567–2570, 2573–2576, 2579, 2581, 2586, 2588, 2592, 2594, 2596, 2604–2607, 2609–2611, 2613, 2616, 2627, 2631, 2632, 2634, 2635, 2637, 2640, 2656, 2681–433, 2828 United States Information and Educational Exchange Act of 1948, amendments 2681–786, 2681–790, 2681–832, 2681–835 United States Institute of Peace Act, amendments 1834, 2681–773 United States International Broadcasting Act of 1994, amendments 2681–777–2681–780, 2811 United States National Tourism Organization Act of 1996, amendments 2681–789 United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999 3272 Upper Mississippi River Wild Life and Fish Refuge Act, amendments 2957 Uruguay Round Agreements Act, amendments 790, 3294 USEC Privatization Act, amendments 1853 Used Oil Recycling Act of 1980, amendments 3284 Utah Schools and Lands Exchange Act of 1998 3139 Utah Schools and Lands Improvement Act of 1993, amendments 3142 V Vaccine Injury Compensation Program Modification Act 2681–741 Vessel Hull Design Protection Act 2905 Veterans Benefits Act of 1998 492 Veterans’ Benefits Improvements Act of 1996, amendments 3366 Veterans’ Benefits and Programs Improvement Act of 1988, amendments 2681–423, 2681–432 Veterans Employment Opportunities Act of 1998 3182 Veterans Health Care Act of 1992, amendments 3358 Veterans’ Job Training Act, amendments 2681–423, 2681–424, 2681–432 Veterans Programs Enhancement Act of 1998 3315 Veterans’ Rehabilitation and Education Amendments of 1980, amendments 2681–424, 2681–432 Victims of Child Abuse Act of 1990, amendments 2983 Violent Crime Control and Law Enforcement Act of 1994, amendments 2681–72, 2681–428, 2681–434, 2681–760, 2985, 2989 Vocational Education Amendments of 1968, amendments 3126 Volunteers for Children Act 1885 W Wagner-Peyser Act, amendments 1080, 2681–416, 3127 Weapons of Mass Destruction Control Act of 1992, amendments 2180 Web-Based Education Commission Act 1822 Weir Farm National Historic Site Establishment Act of 1990, amendments 3296 Western Hemisphere Drug Elimination Act 2681–693 Wetlands and Wildlife Enhancement Act of 1998 2958 William F. Goodling Child Nutrition Reauthorization Act of 1998 3143 WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 2861 Wireless Telephone Protection Act 53 Women’s Health and Cancer Rights Act of 1998 2681–436 Women’s Health Research and Prevention Amendments of 1998 3191 Women’s Progress Commemoration Act 3196 Woodrow Wilson Memorial Act of 1968, amendments 2681–788 Woodrow Wilson Memorial Bridge Authority Act of 1995, amendments 158–160 Worker Adjustment and Retraining Notification Act, amendments 2681–424, 2681–432 Workforce Investment Act of 1998 936 Workforce Investment Act of 1998, amendments 1622, 2681–411, 2681–412, 2681–417, 2681–435, 3126, 3127 Y Year 2000 Information and Readiness Disclosure Act 2386 SUBJECT INDEX Page Page A Adoption *See* Children, Youth, and Families Africa Africa: Seeds of Hope Act of 1998 3460 African Americans Black Revolutionary War Patriots Memorial, extension 3205 Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act 1889 Little Rock Central High School National Historic Site, AR, establishment 3268 National Underground Railroad Network to Freedom Act of 1998 678 Agriculture Africa: Seeds of Hope Act of 1998 3460 Agricultural Research, Extension, and Education Reform Act of 1998 523 Agriculture Export Relief Act of 1998 627 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 2681 Antimicrobial Regulation Technical Corrections Act of 1998 3035 Bill Emerson Humanitarian Trust Act of 1998 3465 Emergency Farm Financial Relief Act 1516 Farming losses, 5-year net operating loss carryback 2681–902 Federal means-tested public assistance programs database, study 3399 Food stamps, deceased individuals, denial 3399 National Drought Policy Act of 1998 641 Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 2681 Plant Patent Amendments Act of 1998 2780 AIDS Correction Officers Health and Safety Act of 1998 3374 Ricky Ray Hemophilia Relief Fund Act of 1998 3368 Air Pollution *See* Environmental Protection Aircraft and Aviation *See* Transportation Airports *See* Transportation Alabama Justice John McKinley Federal Building, designation 2835 Marion National Fish Hatchery and Claude Harris National Aquacultural Research Center Conveyance Act 1564 Tuskegee Airmen National Historic Site, establishment 3254 Alaska ANCSA Land Bank Protection Act of 1998 3129 Denali Commission Act of 1998 2681–637 Glacier Bay National Park Boundary Adjustment Act of 1998 3002 Glacier Bay National Park, commercial fishing 2681–259 Katmai National Park, land exchange 2681–264 Pacific Northwest Emergency Management Arrangement 3402 The Northwest Wildland Fire Protection Agreement 3391 Alcohol and Alcohol Abuse Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption 1596 Animals African Elephant Conservation Reauthorization Act of 1998 911 Horses, wild, Cape Lookout National Seashore, maintenance 631 Annan, Kofi 1540 Antitrust Curt Flood Act of 1998 2824 Appalachian Appalachian Regional Development Reform Act of 1998 3618 Economic Development Administration and Appalachian Regional Development Reform Act of 1998 3204 Appropriations Agriculture, Rural Development, Food and Drug Administration, and related agencies, 1999 2681 Authorizations Coast Guard Authorization Act of 1998 3411 FAA Research, Engineering, and Development Authorization Act of 1998 5 Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 2681–801 Intelligence Authorization Act for Fiscal Year 1999 2396 John F. Kennedy Center for the Performing Arts Authorization Act of 1998 1513 National Highway Traffic Safety Administration Reauthorization Act of 1998 465 National Institute of Standards and Technology 2935 National Science Foundation Authorization Act of 1998 869 National Sea Grant College Program Reauthorization Act of 1998 21 Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 1920 United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999 3272 Commerce Department and related agencies, 1999 2681–77 Commerce, Justice, and State, the Judiciary, and related agencies, 1999 2681–50 Congressional operations, 1999 Continuing, 1999 1566, 1868, 1888, 1901, 1919, 2418 Defense Department, 1999 2279 District of Columbia, 1999 2681–121 Education Department, 1999 2681–363 Emergency supplemental, 1998 58 Energy and water development, 1999 1838 Executive Office, 1999 2681–492 Foreign operations, export financing, and related programs, 1999 2681–150 Health and Human Services Department, 1999 2681–347 Independent agencies, 1999 2681–498 Interior Department and related agencies, 1999 2681–232 Judiciary, 1999 2681–89 Justice Department, 1999 2681–50 Labor Department, 1999 2681–337 Labor, Health and Human Services, and Education, and related agencies, 1999 2681–337 Legislative Branch, 1999 2430 Military construction, 1998 Cancellation of line items, disapproval 19 Military construction, 1999 1553 Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 2681 Postal Service, 1999 2681–492 State Department and related agencies, 1999 2681–92 Transportation Department and related agencies, 1999 2681–439 Treasury and general Government, 1999 2681–480 Treasury Department, 1999 2681–480 Veterans Affairs and Housing and Urban Development, and independent agencies, 1999 2461 Arbitration Alternative Dispute Resolution Act of 1998 2993 Arizona Apache-Sitgreaves National Forest, land conveyance, prohibition 3204 Casa Malpais National Historic Landmark, cooperative agreement 3397 Land conveyance 3297 Arkansas Charleston National Commemorative Site, designation 2681–262 Dale Bumpers Wildlife Resources Protection Act 1857 Hydroelectric project construction 2700 Little Rock Central High School National Historic Site, establishment 3268 Armed Forces Department of Defense Appropriations Act, 1999 2279 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 2681–150 Military Construction Appropriations Act, 1999 1553 Strom Thurmond National Defense Authorization Act of Fiscal Year 1999 1920 Arms and Munitions Armored Car Reciprocity Amendments of 1998 2776 Chemical Weapons Convention Implementation Act of 1998 2681–856 Defense Against Weapons of Mass Destruction Act of 1998 2167 Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 1920 Automobiles *See* Transportation Awards, Decorations, and Medals American GI Forum of the United States, federal charter 1530 Congressional gold medals Gerald R. and Betty Ford 2681–598 Little Rock Nine 2681–597 Nelson Rolihlahla Mandela 895 Congressional Medal of Honor Theodore Roosevelt 3376 Malcolm Baldrige Quality Award, additional awards 2935 National Technology Medal for Environmental Technology, establishment 2939 B Bankruptcy Religious Liberty and Charitable Donation Protection Act of 1998 517 Banks and Banking Assets for Independence Act 2759 Credit Union Membership Access Act 913 Depository Institution-GSE Affiliation Act of 1998 2681–854 Examination Parity and Year 2000 Readiness for Financial Institutions Act 32 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 2681–150 Homeowners Protection Act of 1998 897 International Financial Institution Advisory Commission, establishment 2681–220 Money Laundering and Financial Crimes Strategy Act of 1998 2941 Baseball Curt Flood Act of 1998 2824 Beals, Melba Patillo 2681–597 Bethune-Cookman College, FL 2670 Biehl, Amy Elizabeth 895 Biehl, Linda 895 Biehl, Peter 895 Birth Defects *See* Health and Health Care Boards, Committees, Commissions, Etc. Advisory Commission on Electronic Commerce, establishment 2681–722 Advisory Committee on Interdisciplinary, Community-Based Linkages, establishment 3549 Advisory Committee on Minority Health, program revision and extension 3582 Athletes’ Advisory Council, establishment 2681–604 Cape Cod National Seashore Advisory Commission, reauthorization 2694 Centennial of Flight Commission, establishment 3486 Commission on Online Child Protection, establishment 2681–739 Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development, establishment 1890 Denali Commission, establishment 2681–637 Enterprise for the Americas Board, additional members 892 First Flight Centennial Federal Advisory Board, establishment 3492 Great Lakes Pilotage Advisory Committee, establishment 3418 Industry Councils, establishment 1015 Interagency Committee on Disability Research, establishment 1173 Internal Revenue Service Oversight Board, establishment 691 International Financial Institution Advisory Commission, establishment 2681–220 Jacob K. Javits Fellows Program Fellowship Board, establishment 1787 Land Between the Lakes Advisory Board, establishment 2681–314 Local Workforce Investment Boards, establishment 954 National Advisory Council on Nurse Education and Practice, establishment 3572 National Board of the Fund for the Improvement of Postsecondary Education, establishment 1797 National Cave and Karst Research Institute, establishment 3038 National Council on Disability, establishment 1198 National Drought Policy Commission, establishment 641 National Institute for Literacy Advisory Board, establishment 1075 National Park Service Concessions Management Advisory Board, establishment 3512 National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect, establishment 3594 Northwest Straits Advisory Commission, establishment 3458 Parents Advisory Council on Youth Drug Abuse, establishment 2681–689 President’s Council on Counter-Narcotics, establishment 2681–688 Rehabilitation Research Advisory Council, establishment 1182 Salton Sea Research Management Committee, establishment 3379 State Workforce Investment Boards, establishment 945 The National Commission on Terrorism, establishment 2681–210 Twenty-First Century Workforce Commission, establishment 1088 U.S. Holocaust Assets Commission Act of 1998 611 United States Advisory Commission on Public Diplomacy, abolition 2681–786 United States Commission on International Religious Freedom, establishment 2797 United States Institute for Environmental Conflict Resolution, establishment 9 Web-Based Education Commission, establishment 1822 Women’s Progress Commemoration Commission, establishment 3196 Working Group on United States Government-Sponsored International Exchanges and Training, establishment 2681–832 Boats Sportfishing and Boating Safety Act of 1998 482 Bone Marrow *See* Health and Health Care Bono, Mary 88 Burlington Resources Oil & Gas Company 40 Business and Industry Commercial Space Act of 1998 2843 Employment Opportunities for Individuals With Disabilities Act 1210 Industry Councils, establishment 1015 Workforce Investment Act of 1998 936 Butler, Richard 1540 C California Advisory Council on California Indian Policy Extension Act of 1998 2818 Agua Caliente Band of Cahuilla Indians, revenue distribution 2932 Alamo River and New River, water quality improvement 3380 Dungeness crab fishery management authority 3453 El Portal Administrative Site, land exchange 3298 Folsom Dam, temperature control devices, authorization 2820 Granite Watershed Enhancement and Protection Act of 1998 2695 Herger-Feinstein Quincy Library Group Forest Recovery Act 2681–305 Land conveyances 629, 879 Salton Sea feasibility study 2618–658 Salton Sea Reclamation Act of 1998 3377 Sonny Bono Salton Sea National Wildlife Refuge, designation 3380 Vic Fazio Yolo Wildlife Area, designation 1857 Canada Canadian River Project Prepayment Act 2999 Pacific Northwest Emergency Management Arrangement 3402 The Northwest Wildland Fire Protection Agreement 3391 Cancer Mammography Quality Standards Reauthorization Act of 1998 1864 National Bone Marrow Registry Reauthorization Act of 1998 631 Capps, Lois G. 88 Cars *See* Transportation Caves National Cave and Karst Research Institute Act of 1998 3038 Charities *See* Nonprofit Organizations Chemicals Antimicrobial Regulation Technical Corrections Act of 1998 3035 Chestnut, Jacob Joseph 1250 Child Support *See* Children, Youth, and Families Children, Youth, and Families Adoption provisions 658 Birth Defects Prevention Act of 1998 43 Child custody and visitation court orders, enforcement 3383 Child Online Protection Act 2681–736 Child Support Performance and Incentive Act of 1998 645 Children’s Online Privacy Protection Act of 1998 2681–728 Coats Human Services Reauthorization Act of 1998 2702 Community Opportunities, Accountability, and Training and Educational Services Act of 1998 2702 Community Services Block Grant Act 2728 Deadbeat Parents Punishment Act of 1998 618 District of Columbia Adoption Improvement Act of 1998 2681–146 Drive for Teen Employment Act 3137 Drug Demand Reduction Act 2681–751 Drug-Free Media Campaign Act of 1998 2681–752 Drug-Free Schools Quality Assurance Act 2681–756 Extradition Treaties Interpretation Act of 1998 3033 Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act 3591 Head Start Amendments of 1998 2703 Higher Education Amendments of 1998 1581 National Criminal History Access and Child Protection Act 1874 Parents Advisory Council on Youth Drug Abuse, establishment 2681–689 Protection of Children From Sexual Predators Act of 1998 2974 Volunteers for Children Act 1885 William F. Goodling Child Nutrition Reauthorization Act of 1998 3143 China Radio Free Asia Act of 1998 2277 Chong Ho Kwak 3670 Civil Rights Smithsonian Institution, employment discrimination and labor-management, application 1092 Coast Guard Coast Guard Authorization Act of 1998 3411 Coins *See* Currency Colleges and Universities *See* Education Colorado Dan Schaefer Federal Building, designation 2681–304 David Skaggs Federal Building, designation 2681–304 FERC project deadline and license, extension 883 Miles Land Exchange Act of 1998 2778 Sand Creek Massacre National Historic Site Study Act of 1998 1579 Commerce and Trade Armored Car Reciprocity Amendments of 1998 2776 Consumer Reporting Employment Clarification Act of 1998 3208 Department of Commerce and Related Agencies Appropriations Act, 1999 2681–77 Fair Trade in Automotive Parts Act of 1998 2275 Financial report program, extension 1886 International Anti-Bribery and Fair Competition Act of 1998 3302 Securities Litigation Uniform Standards Act of 1998 3227 Tax and Trade Relief Extension Act of 1998 2681–886 Technology Administration Act of 1998 2935 Trade Deficit Review Commission Act 2681–547 Trademark Law Treaty Implementation Act 3064 Year 2000 Information and Readiness Disclosure Act 2386 Common Carriers *See* Transportation Communications and Telecommunications Drug-Free Media Campaign Act of 1998 2681–752 Government Paperwork Elimination Act 2681–749 Wireless Telephone Protection Act 53 World Wide Web *See* Internet Year 2000 Information and Readiness Disclosure Act 2386 Compacts Between States *See* Interstate Compacts Computers *See* also Internet Computer Maintenance Competition Assurance Act 2886 Digital Millennium Copyright Act 2860 Examination Parity and Year 2000 Readiness for Financial Institutions Act 32 Technology Administration Act of 1998 2935 Year 2000 Information and Readiness Disclosure Act 2386 Concurrent Resolutions Adjournment 3673, 3674, 3681, 3683, 3688, 3699 Capitol buildings and grounds Breast cancer survivors event 3674 Days of remembrance of victims of the Holocaust, ceremony 3673 Disabled American veterans event 3681 John F. Kennedy Center for the Performing Arts 3676 John Michael Gibson and Jacob Joseph Chestnut Memorial Service 3685 National Peace Officers’ Memorial Service 3679 Nelson Rolihlahla Mandela 3691 POW/MIA flag, display 3681 Soap box derby races 3677 Special Olympics torch run 3678 Child abduction, international cooperation 3694 Country Music, TN and VA, birthplace 3691 Eney, Chestnut, Gibson Memorial Building, designation 3693 Enrolled bills, corrections Automobile National Heritage Area Act 3698 Birth Defects Prevention Act of 1998 3675 Poland, international fishery agreement 3699 Florida wild land fires, condolences 3684 George Washington, two hundredth anniversary of death 3692 Joanne Chesimard and other fugitives, return from Cuba 3695 John Michael Gibson and Jacob Joseph Chestnut, commendation 3686 Little League Baseball Incorporated, recognition 3675 National Emergency Medical Services Memorial Service, official site designation 3680 New Tribes Mission, hostage crisis 3696 Publications, printing “The United States Capitol” 3690 John Michael Gibson and Jacob Joseph Chestnut, eulogies 3687 Slobodan Milosevic, war crimes, crimes against humanity, and genocide 3688 Universal Declaration of Human Rights, fiftieth anniversary 3693 Violent criminals, mandatory minimum 3682 Congress Congressional gold medals Gerald R. and Betty Ford 2681–598 Little Rock Nine 2681–597 Nelson Rolihlahla Mandela 895 Congressional Medal of Honor Theodore Roosevelt 3376 Congressional Operations Appropriations Act, 1999 2430 Enrolled bills, parchment printing, waiver 1887 Interstate Compacts, congressional consent National Crime Prevention and Privacy Compact 1875 Pacific Northwest Emergency Management Arrangement 3402 Potomac Highlands Airport Authority Compact 3212 Texas Low-Level Radioactive Waste Compact 1542 The Northwest Wildland Fire Protection Agreement 3391 Legislative Branch Appropriations Act, 1999 2430 Library of Congress, American Folklife Center, permanent authorization 2458 Library of Congress Bicentennial Commemorative Coin Act of 1998 2378 Lobbying Disclosure Technical Amendments Act of 1998 38 One Hundred Sixth Congress, first session, convening 3218 United States Capitol Police Memorial Fund, establishment 1250 Connecticut Richard C. Lee United States Courthouse, designation 1869 Weir Farm National Historic Site, land acquisition 3296 Conservation *See also* Environmental Protection African Elephant Conservation Reauthorization Act of 1998 911 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 2681–13 Arches National Park Expansion Act of 1998 3060 Automobile National Heritage Area Act 3247 Chesapeake Bay Initiative Act of 1998 2961 Energy conservation program, extension 105 Energy Conservation Reauthorization Act of 1998 3477 Fish and Wildlife Revenue Enhancement Act of 1998 3057 Glacier Bay National Park Boundary Adjustment Act of 1998 3002 Hardwood technology transfer and applied research 2681–297 Miccosukee Reserved Area Act 2964 Migratory Bird Hunting and Conservation Stamp Promotion Act 2381 Migratory Bird Treaty Reform Act of 1998 2956 National Whale Conservation Fund Act of 1998 2681–119 National Wildlife Refuge System Improvement Act of 1998 2957 Northwest Straits Marine Conservation Initiative Act 3458 Rhinoceros and Tiger Conservation Act of 1998 2959 Wetlands and Wildlife Enhancement Act of 1998 2958 Women’s Progress Commemoration Act 3196 Consumer Protection Biomaterials Access Assurance Act of 1998 1519 Homeowners Protection Act of 1998 897 Telemarketing Fraud Prevention Act of 1998 520 Contracts Coalbed methane gas 3313 Emergency Farm Financial Relief Act 1516 Fort Berthold Indian Reservation, ND, mineral leasing 620 Irrigation Project Contract Extension Act of 1998 2816 National Park Service Concessions Management Improvement Act of 1998 3503 Controlled Substances *See* Drugs and Drug Abuse Copyrights Computer Maintenance Competition Assurance Act 2886 Digital Millennium Copyright Act 2860 Fairness In Music Licensing Act of 1998 2830 Online Copyright Infringement Liability Limitation Act 2877 Sonny Bono Copyright Term Extension Act 2827 Vessel Hull Design Protection Act 2905 WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 2861 Courts Administrative Assistant to the Chief Justice, voluntary services, authorization 1535 Alternative Dispute Resolution Act of 1998 2993 Child custody and visitation orders, enforcement 3383 District of Columbia Courts and Justice Technical Corrections Act of 1998 2419 Federal judge appointments, limitation 2836 Judiciary Appropriations Act, 1999 2681–89 Credit Unions *See* Banks and Banking Crime *See* Law Enforcement and Crime Cruz, Mercedes Del Carmen Quiroz Martinez 3668 Currency Fifty states commemorative coin program, inscriptions 104 Library of Congress Bicentennial Commemorative Coin Act of 1998 2378 Money Laundering and Financial Crimes Strategy Act of 1998 2941 Thomas Alva Edison Commemorative Coin Act 3073 D Dams *See* Water Debt Reduction Tropical Forest Conservation Act of 1998 885 Decorations *See* Awards, Decorations, and Medals Delaware Killcohook Coordination Area, jurisdiction termination 2957 Developing Countries Tropical Forest Conservation Act of 1998 885 Disabled Persons *See* Handicapped Persons Disaster Assistance Crop and livestock feed losses, emergency assistance 2681–42 National Drought Policy Act of 1998 641 Pacific Northwest Emergency Management Arrangement 3402 Diseases Alzheimer’s disease, demonstration projects 3586 Birth Defects Prevention Act of 1998 43 District of Columbia Convention Center and Sports Arena, revenues and activities, revising 1515 District of Columbia Adoption Improvement Act of 1998 2681–146 District of Columbia Appropriations Act, 1999 2681–121 District of Columbia Courts and Justice Technical Corrections Act of 1998 2419 Howard T. Markey National Courts Building, designation 510 Mahatma Gandhi memorial, establishment 2701 Martin Luther King, Jr., Memorial, location 675 Mr. Benjamin Banneker memorial, authorization 3266 Retirement funds, technical amendments 2681–530 Ronald Reagan Washington National Airport, designation 3 Sidney R. Yates Federal Building, designation 2681–305 Domestic Relations Life insurance benefits, precedence 683 Drought *See* Disaster Assistance Drugs and Drug Abuse Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption 1596 Controlled Substances Trafficking Prohibition Act 2681–707, 3271 Drug Demand Reduction Act 2681–751 Drug-Free Media Campaign Act of 1998 2681–752 Drug-Free Prisons and Jails Act of 1998 2681–753 Drug-Free Schools Quality Assurance Act 2681–756 Drug-Free Workplace Act of 1998 2681–707 Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act 3591 International narcotics trafficking prevention, rewards program 3029 Methamphetamine Trafficking Penalty Enhancement Act of 1998 2681–759 Drugs and Drug Abuse-Continued Office of National Drug Control Policy Reauthorization Act of 1998 2681–670 Public and Assisted Housing Drug Elimination Program Amendments of 1998 2646 Western Hemisphere Drug Elimination Act 2681–693 E Eckford, Elizabeth 2681–697 Education Agricultural Research, Extension, and Education Reform Act of 1998 523 Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 3076 Charter School Expansion Act of 1988 2682 Coats Human Services Reauthorization Act of 1998 2702 Colleges and Universities Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption 1596 Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 3171 National Sea Grant College Program Reauthorization Act of 1998 21 University of Idaho, land conveyance 3206 Community Opportunities, Accountability, and Training and Educational Services Act of 1998 2702 Department of Education Appropriations Act, 1999 2681–363 Education of the Deaf Amendments of 1998 1829 Fellowships and Scholarships Community Scholarship Mobilization Act 1810 Department of Veterans Affairs Employee Incentive Scholarship Program 3352 Jacob K. Javits Fellowship Program 1786 Thurgood Marshall Legal Educational Opportunity Program 1794 Head Start Amendments of 1998 2703 Health Professions Education Partnerships Act of 1998 3524 Higher Education Amendments of 1998 1581 National Board of the Fund for the Improvement of Postsecondary Education, establishment 1797 National Institute for Literacy Advisory Board, establishment 1075 Establishment 1073 Nursing Education and Practice Improvement Act of 1998 3562 Police, Fire, and Emergency Officers Educational Assistance Act of 1998 3495 Schools Clint and Fabens independent school districts, TX, land conveyances 46 Drug-Free Schools Quality Assurance Act 2681–756 Idaho school land, sale or lease 2822 School resource officers 2841 Utah school trust land, exchange 3062 Utah Schools and Lands Exchange Act of 1998 3139 William F. Goodling Child Nutrition Reauthorization Act of 1998 3143 Tech-Prep Education Act 3117 Veterans Programs Enhancement Act of 1998 3315 Web-Based Education Commission Act 1822 Workforce Investment Act of 1998 936 Elections Guam delegate, ballot requirement 880 Electricity *See* Energy Elephants African Elephant Conservation Reauthorization Act of 1998 911 Employment and Labor American Competitiveness and Workforce Improvement Act of 1998 2681–641 Consumer Reporting Employment Clarification Act of 1998 3208 Department of Labor Appropriations Act, 1999 2681–337 Drive for Teen Employment Act 3137 Drug-Free Workplace Act of 1998 2681–707 Employment Opportunities for Individuals With Disabilities Act 1210 Jobs Corps, establishment 1006 Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998 638 Rehabilitation Act Amendments of 1998 1092 Safety inspections, investigations, and recordkeeping 640 Twenty-First Century Workforce Commission, establishment 1088 Veterans Employment Opportunities Act of 1998 3182 Workforce Investment Act of 1998 936 Energy Biodiesel fuel use credits 2681–48 Conservation programs, extension 105 Depleted uranium hexafluoride, treatment and recycling 681 Energy and Water Development Appropriations Act, 1999 1838 Energy Conservation Reauthorization Act of 1998 3477 FERC projects, deadlines and licenses, extension 882, 883 Hydroelectric projects construction extensions 884, 2700 deadline extensions 622–626 Low-Income Home Energy Assistance Amendments of 1998 2756 Environmental Protection Border Smog Reduction Act of 1998 2773 Environmental Policy and Conflict Resolution Act of 1998 8 Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 3447 Nutria eradication and control pilot program 3027 Ozone and particulate matter standards 463 Texas Low-Level Radioactive Waste Disposal Compact Consent Act 1542 The Northwest Wildland Fire Protection Agreement 3391 Exports and Imports Agriculture Export Relief Act of 1998 627 Controlled Substances Trafficking Prohibition Act 2681–707, 3271 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 2681–150 Ocean Shipping Reform Act of 1998 1902 Satellite export controls 2173 F Farms and Farming *See* Agriculture Federal Buildings and Facilities Athalie Range Post Office Building, FL, designation 2681–594 Blaine H. Eaton Post Office Building, MS, designation 28 Carl B. Stokes United States Courthouse, OH, designation 912 Carl D. Pursell Post Office, MI, designation 2681–594 Chalmers P. Wylie Veterans Outreach Clinic, OH, designation 3351 Dale and Betty Bumpers Vaccine Research Facility, MD, designation 2681–362 Dale Bumpers National Rice Research Center, AR, designation 2681–29 Dan Schaefer Federal Building, CO, designation 2681–304 Daniel J. Doffyn Post Office Building, IL, designation 2681–595 David P. Richardson, Jr., Post Office Building, PA, designation 2681–595 David Skaggs Federal Building, CO, designation 2681–304 Dick Cheney Federal Building, WY, designation 2681–593 Edgar C. Campbell, Sr., Post Office Building, PA, designation 2681–594 Essie Silva Post Office Building, FL, designation 2681–593 Garth Reeves, Sr. Post Office Building, FL, designation 2681–594 George Bush Center for Intelligence, VA, designation 2403 H. John Heinz III Department of Veterans Affairs Medical Center, PA, designation 3351 Helen Miller Post Office Building, FL, designation 2681–593 Howard C. Nielson Post Office Building, UT, designation 2681–595 Howard T. Markey National Courts Building, DC, designation 510 Jacob Joseph Chestnut Post Office Building, MD, designation 2681–595 James T. Leonard, Sr. Post Office, NJ, designation 2681–594 Jere Cooper Federal Building, TN, designation 2681–596 Jerome Anthony Ambro, Jr. Post Office Building, NY, designation 2681–593 John F. Kennedy Center for the Performing Arts Authorization Act of 1998 1513 Joseph P. Kinneary United States Courthouse, OH, designation 1534 Justice John McKinley Federal Building, AL, designation 2835 Karl Bernal Post Office Building, OH, designation 2681–595 Kika de la Garza Subtropical Agricultural Research Center, TX, designation 608 Larry Doby Poet Office, NJ, designation 29 Lieutenant Henry O. Flipper Station, GA, designation 2681–693 Louis Stokes Cleveland Department of Veterans Affairs Medical Center, OH, designation 2469 Louis Stokes Laboratories, MD, designation 2681–361 Malcom Randall Department of Veterans Affairs Medical Center, FL, designation 3351 Nancy B. Jefferson Post Office Building, IL, designation 2681–594 National Aeronautics and Space Administration John H. Glenn Research Center at Lewis Field, OH, redesignation 2518 Ray J. Favre Post Office Building, MS, designation 2681–594 Reverend Milton R. Brunson Post Office Building, IL, designation 2681–595 Richard C. Lee United States Courthouse, CT, designation 1869 Sam Nunn Atlanta Federal Center, GA, designation 37 Sidney R. Yates Federal Building, DC, designation 2681–305 Steve Schiff Auditorium, NM, designation 1249 Post Office, NM, designation 2681–594 W.G.
(Bill)Hefner Salisbury Department of Veterans Affairs Medical Center, NC, designation 2468 William Augustus Bootle Federal Building and United States Courthouse, GA, designation 31 William R. “Billy” Rolle Post Office Building, FL, designation 2681–593 Federal Republic of Yugoslavia International humanitarian violations, rewards program 3029 Fellowships and Scholarships *See* Education Financial Institutions *See* Banks and Banking Fires and Fire Prevention The Northwest Wildland Fire Protection Agreement 3391 Fish and Wildlife Fish and Wildlife Revenue Enhancement Act of 1998 3057 Great Lakes Fish and Wildlife Restoration Act of 1998 2358 Marion National Fish Hatchery and Claude Harris National Aquacultural Research Center Conveyance Act 1564 Migratory Bird Hunting and Conservation Stamp Promotion Act 2381 Migratory Bird Treaty Reform Act of 1998 2956 South Dakota terrestrial wildlife habitat restoration 2681–660 Sportfishing and Boating Safety Act of 1998 482 Wetlands and Wildlife Enhancement Act of 1998 2958 Florida Athalie Range Post Office Building, designation 2681–594 Dante Fascell Biscayne National Park Visitor Center Designation Act 2931 Essie Silva Post Office Building, designation 2681–593 Garth Reeves, Sr. Post Office Building, designation 2681–594 Helen Miller Post Office Building, designation 2681–593 Malcom Randall Department of Veterans Affairs Medical Center, designation 3351 Miccosukee Reserved Area Act 2964 William R. “Billy” Rolle Post Office Building, designation 2681–593 Food *See* Agriculture Food Banks Amy Somers Volunteers at Food Banks Act 1248 Ford, Betty 2681–598 Ford, Gerald R. 2681–598 Foreign Relations Africa: Seeds of Hope Act of 1998 3460 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 2681–22 Bill Emerson Humanitarian Trust Act 3467 Coats Human Services Reauthorization Act of 1998 2702 Department of State and Related Agencies Appropriations Act, 1999 2681–92 Diplomatic immunity 2681–815, 3385 European Security Act of 1998 2681–839 Extradition Treaties Interpretation Act of 1998 3033 Foreign Affairs Agencies Consolidation Act of 1998 2681–765 Foreign Affairs Reform and Restructuring Act of 1998 2681–761 Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 2681–150 Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 2681–801 India-Pakistan Relief Act of 1998 2681–40 International Anti-Bribery and Fair Competition Act of 1998 3302 International Religious Freedom Act of 1998 2787 International terrorism investigations 2404 International terrorism, narcotics trafficking prevention, and humanitarian violations, rewards program 3029 Iraq Liberation Act of 1998 3178 Poland, international fishery agreement 3451 Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 2161 Torture Victims Relief Act of 1998 3016 Western Hemisphere Drug Elimination Act 2681–693 Forests and Forest Protection *See also* National Forest System Tropical Forest Conservation Act of 1998 885 Fraud Telemarketing Fraud Prevention Act of 1998 520 Fuel *See* Energy G Georgia Chickamauga and Chattanooga National Military Park, land acquisition 2681–266 Lieutenant Henry O. Flipper Station, designation 2681–593 Sam Nunn Atlanta Federal Center, designation 37 William Augustus Bootle Federal Building and United States Courthouse 31 Gibson, John Michael 1250 Government Employees Department of State Special Agents Retirement Act of 1998 3406 Federal Employees Health Care Protection Act of 1998 2363 Federal Employees Life Insurance Improvement Act 2950 Federal Vacancies Reform Act of 1998 2681–611 Firefighters, pay 2681–519 Life insurance benefits, domestic relations orders 683 Postal Employees Safety Enhancement Act 1572 Travel and Transportation Reform Act of 1998 2350 Veterans Employment Opportunities Act of 1998 3182 Government Organization Coordinator for Counterterrorism, establishment 2681–824 Counter-Drug Technology Assessment Center, establishment 2681–687 Federal Activities Inventory Reform Act of 1998 2382 Federal Reports Elimination Act of 1998 3280 Foreign Affairs Agencies Consolidation Act of 1998 2681–765 Government Paperwork Elimination Act 2681–749 Interagency Committee on Minority Careers in International Affairs, establishment 1785 Internal Revenue Service Restructuring and Reform Act of 1998 685 Liaison for Proprietary Institutions of Higher Education, establishment 1836 Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center, establishment 2987 National Center for Complementary and Alternative Medicine, establishment 2681–387 National Institute for Literacy, establishment 1073 National Institute on Disability and Rehabilitation Research, establishment 1168 Nazi War Criminal Records Interagency Working Group, establishment 1859 Office of Community Services, establishment 2742 Office of Information and Resources for Individuals with Disabilities, establishment 1113 Office of International Religious Freedom, establishment 2791 Office of National Drug Control Policy, establishment 2681–672 Office of Space Commercialization, establishment 2937 Offices of Inspectors General, recognition 3216 Rehabilitation Services Administration, establishment 1096 Science and Technology Policy Institute, designation 877 Smithsonian Institution, civil rights and labor management, application 1092 Tropical Forest Facility, establishment 887 Grants Assistive Technology Act of 1998 3627 Bulletproof Vest Partnership Grant Act of 1998 512 Charter School Expansion Act of 1998 2682 Chesapeake Bay Gateways Grants Assistance Program, establishment 2962 Community Opportunities, Accountability, and Training and Educational Services Act of 1998 2702 Community Services Block Grant Act 2728 Crime Identification Technology Act of 1998 1871 Economic Development Administration Reform Act of 1998 3597 Federal Transit Act of 1998 338 Health Professions Education Partnerships Act of 1998 3524 Higher Education Amendments of 1998 1581 National Sea Grant College Program Reauthorization of 1998 21 Reading and literacy grants 2681–391 Ricky Ray Hemophilia Relief Fund Act of 1998 3368 TEA 21 Restoration Act 834 Torture Victims Relief Act of 1998 3016 Transportation Equity Act for the 21st Century 107 Transportation Infrastructure Finance and Innovation Act of 1998 241 Workforce Investment Act of 1998 936 Green, Ernest 2681–597 Guam Delegate election, ballot requirement 880 Guam Organic Act Amendments of 1998 2785 Land conveyance 1825 Guns *See* Law Enforcement and Crime H Haiti Haitian Refugee Immigration Fairness Act of 1998 2681–538 Handicapped Persons Assistive Technology Act of 1998 3627 Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act 1889 Crime Victims With Disabilities Awareness Act 2838 Education of the Deaf Amendments of 1998 1829 Employment Opportunities for Individuals With Disabilities Act 1210 Improved outdoor recreational access, study 3275 Independent living services and centers 1217 Interagency Committee on Disability Research, establishment 1173 National Council on Disability, establishment 1198 National Institute on Disability and Rehabilitation Research, establishment 1168 Office of Information and Resources for Individuals with Disabilities, establishment 1113 Rehabilitation Act Amendments of 1998 1092 Rehabilitation Research Advisory Council, establishment 1182 Rehabilitation Services Administration, establishment 1096 Hawaii Hawaii Volcanoes National Park Adjustment Act of 1998 3401 Hazardous Waste *See* Waste Disposal Health and Health Care Aviation Medical Assistance Act of 1998 47 Birth Defects Prevention Act of 1998 43 Correction Officers Health and Safety Act of 1998 3374 Department of Health and Human Services Appropriations Act, 1999 2681–347 Department of Veterans Affaire Health Care Personnel Incentive Act of 1998 3352 Federal Employees Health Care Protection Act of 1998 2363 Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act 3591 Health Professions Education Partnerships Act of 1998 3524 Mammography Quality Standards Reauthorization Act of 1998 1864 National Bone Marrow Registry Reauthorization Act of 1998 631 Nursing Education and Practice Improvement Act of 1998 3562 Persian Gulf War Veterans Act of 1998 2681–742 Ricky Ray Hemophilia Relief Fund Act of 1998 3368 Vaccine Injury Compensation Program Modification Act 2681–741 Veterans Programs Enhancement Act of 1998 3315 Women’s Health and Cancer Rights Act of 1998 2681–436 Women’s Health Research and Prevention Amendments of 1998 3191 Herzl, Theodore 102 Highways and Bridges *See* Transportation Historic Preservation America’s National Maritime Museums, VA and NY, designation 2135 Charleston National Commemorative Site, AK, designation 2681–262 Holocaust Holocaust Victims Redress Act 15 Nazi War Crimes Disclosure Act 1859 U.S. Holocaust Assets Commission Act of 1998 611 Horses Cape Lookout National Seashore, NC, maintenance 676, 1517 Horticulture Plant Patent Amendments Act of 1998 2780 Housing Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 2461 Homeowners Protection Act of 1998 897 Public and Assisted Housing Drug Elimination Program Amendments of 1998 2646 Quality Housing and Work Responsibility Act of 1998 2518 Hussein, Saddam 1540 Hydroelectric *See* Energy I Idaho Burley Irrigation District, facilities conveyance 3219 Juniper Butte Range Withdrawal Act 2226 Pacific Northwest Emergency Management Arrangement 3402 School land, sale or lease 2822 The Northwest Wildland Fire Protection Agreement 3391 University of Idaho, land conveyance 3206 Illinois Daniel J. Doffyn Post Office Building, designation 2681–595 Nancy B. Jefferson Post Office Building, designation 2681–594 Reverend Milton R. Brunson Post Office Building, designation 2681–595 Immigration American Competitiveness and Workforce Improvement Act of 1998 2681–641 Automated entry-exit control system development, extension 1918 Haitian Refugee Immigration Fairness Act of 1998 2681–538 International Religious Freedom Act of 1998 2787 Irish Peace Process Cultural and Training Program Act of 1998 3013 Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 2926 Nonimmigrant overstay rates program, data collection 56 Visas Applications, extension 3276 Pilot program, extension 56 India India-Pakistan Relief Act of 1998 2681–40 Mahatma Gandhi memorial, DC, establishment 2701 Indiana Indiana University Libraries Slavic Collection, USIA television program “Window on America”, availability 3382 Indians *See* Native Americans Insurance Federal Employees Life Insurance Improvement Act 2950 Homeowners Protection Act of 1998 897 Indian Tribal Tort Claims and Risk Management Act of 1998 2681–335 Life insurance benefits, domestic relations orders 683 Intergovernmental Relations Adoption provisions 658 Bulletproof Vest Partnership Grant Act of 1998 512 Child Support Performance and Incentive Act of 1998 645 Community Opportunities, Accountability, and Training and Educational Services Act of 1998 2702 Deadbeat Parents Punishment Act of 1998 618 Federal Transit Act of 1998 338 Higher Education Amendments of 1998 1581 Intelligent Transportation Systems Act of 1998 452 Motor carrier safety 394 TEA 21 Restoration Act 834 Transportation Equity Act for the 21st Century 107 Transportation Infrastructure Finance and Innovation Act of 1998 241 Workforce Investment Act of 1998 936 International Agreements *See* Foreign Relations Internet *See also* Computers; Communications and Telecommunications Child Online Protection Act 2681–736 Children’s Online Privacy Protection Act of 1998 2681–728 Digital Millennium Copyright Act 2860 Internet Tax Freedom Act 2681–719 Next Generation Internet Research Act of 1998 2919 Online Copyright Infringement Liability Limitation Act 2877 Protection of Children From Sexual Predators Act of 1998 2974 Religious freedom Internet site, establishment 2795 Web-Based Education Commission Act 1822 Interstate Compacts National Crime Prevention and Privacy Compact Act of 1998 1874 Pacific Northwest Emergency Management Arrangement 3402 Potomac Highlands Airport Authority Compact 3212 Texas Low-Level Radioactive Waste Disposal Compact Consent Act 1542 The Northwest Wildland Fire Protection Agreement 3391 Iowa FERC project deadline, extension 882 Iraq International obligations, material breach 1538 Iraq Liberation Act of 1998 3178 Ireland Irish Peace Process Cultural and Training Program Act of 1998 3013 Israel Fiftieth anniversary 102 J Japan Fair Trade in Automotive Parts Act of 1998 2275 Jobs *See* Employment and Labor K Kadiri, Nuratu Olarewaju Abeke 3669 Kansas Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 3171 Karlmark, Gloria Ray 2681–597 Kentucky The Land Between the Lakes Protection Act of 1998 2681–310 L Labor *See* Employment and Labor LaNier, Carlotta Walls 2681–597 Law Enforcement and Crime Adoption provisions 658 Bulletproof Vest Partnership Grant Act of 1998 512 Care for Police Survivors Act of 1998 511 Chemical Weapons Convention Implementation Act of 1998 2681–856 Crime Identification Technology Act of 1998 1871 Crime Victims With Disabilities Awareness Act 2838 Deadbeat Parents Punishment Act of 1998 618 Department of Justice Appropriations Act, 1999 2681–50 Diplomatic immunity 3385 District of Columbia Courts and Justice Technical Corrections Act of 1998 2419 Extradition Treaties Interpretation Act of 1998 3033 Federal prosecutors, ethical standards 2681–118 Guns, criminal use 3469 Identity Theft and Assumption Deterrence Act of 1998 3007 International Anti-Bribery and Fair Competition Act of 1998 3302 Methamphetamine Trafficking Penalty Enhancement Act of 1998 2681–759 Money Laundering and Financial Crimes Strategy Act of 1998 2941 National Crime Prevention and Privacy Compact Act of 1998 1874 National Criminal History Access and Child Protection Act 1874 Nazi War Crimes Disclosure Act 1859 Police, Fire, and Emergency Officers Educational Assistance Act of 1998 3495 Prisons and Prisoners Convicted persons, government benefits, technical correction 1863 Correction Officers Health and Safety Act of 1998 3374 Drug-Free Prisons and Jails Act of 1998 2681–753 Lorton Technical Corrections Act of 1998 2681–600 Protection of Children From Sexual Predators Act of 1998 2974 Public and Assisted Housing Drug Elimination Program Amendments of 1998 2646 School resource officers 2841 Telemarketing Fraud Prevention Act of 1998 520 Volunteers for Children Act 1885 Western Hemisphere Drug Elimination Act 2681–693 Wireless Telephone Protection Act 53 Leases *See* Contracts Life Insurance *See* Insurance Line Item Veto Limited tax benefits 833 Literacy *See* Education Loans Credit Union Membership Access Act 913 Federal Transit Act of 1998 338 Higher Education Amendments of 1998 1581 TEA 21 Restoration Act 834 Transportation Equity Act for the 21st Century 107 Transportation Infrastructure Finance and Innovation Act of 1998 241 Lobbying Lobbying Disclosure Technical Amendments Act of 1998 38 M Maine Texas Low-Level Radioactive Waste Disposal Compact Consent Act 1542 Mandela, Nelson Rolihlahla 895 Maritime Affairs America’s National Maritime Museums, VA and NY, designation 2135 American Fisheries Act 2681–616 Coast Guard Authorization Act of 1998 3411 Glacier Bay National Park, AK, commercial fishing 2681–259 Hydrographic Services Improvement Act of 1998 3454 International fishery agreement with Poland 3451 Ocean Shipping Reform Act of 1998 1902 PRINCE NOVA, vessel documentation 13 Maryland Dale and Betty Bumpers Vaccine Research Facility, designation 2681–362 Jacob Joseph Chestnut Post Office Building, designation 2681–595 Louis Stokes Laboratories, designation 2681–361 Nutria eradication and control pilot program 3027 Potomac Highlands Airport Authority Compact 3212 Massachusetts Adams National Historical Park Act of 1998 3200 Cape Cod National Seashore, land exchange 2694 Frederick Law Olmsted National Historic Site, boundary modification 3203 Medals *See* Awards, Decorations, and Medals Medical Devices Biomaterials Access Assurance Act of 1998 1519 Michigan Automobile National Heritage Area Act 3247 Carl D. Pursell Post Office, designation 2681–594 Minerals and Mining Claim maintenance fee 1570 Coalbed methane gas, contracts and leases 3313 Fort Berthold Indian Reservation, ND, mineral leasing 620 Little Missouri National Grasslands, ND, consolidation 40 Mount St. Helens National Volcanic Monument Completion Act 2690 Minnesota Center for National Scenic Byways, designation 209 Upper Mississippi River Wildlife and Fish Refuge, land transfer 2957 Minorities Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act 1889 Higher Education Amendments of 1998 1581 Missiles *See* Arms and Munitions Mississippi Blaine H. Eaton Post Office Building, designation 28 Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 3471 Ray J. Favre Post Office Building, designation 2681–594 Missouri Devils Backbone Wilderness, boundary adjustment 881 Montana Canyon Ferry Reservoir, land conveyance 2681–710 Gallatin Land Consolidation Act of 1998 2371 Grant-Kohrs Ranch National Historic Site Boundary Adjustment Act of 1998 3301 The Northwest Wildland Fire Protection Agreement 3391 Motor Carriers *See* Transportation Motor Vehicles *See* Transportation Museums *See* Historic Preservation N National Defense Defense Against Weapons of Mass Destruction Act of 1998 2167 Department of Defense Appropriations Act, 1999 2279 Intelligence Authorization Act for Fiscal Year 1999 2396 Intelligence Community Whistleblower Protection Act of 1998 2413 Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 1920 National Forest System *See also* Forests and Forest Protection Apache-Sitgreaves National Forest, AZ, land conveyance, prohibition 3204 Carson and Santa Fe National Forests, NM, land conveyance 1252 Gallatin Land Consolidation Act of 1998 2371 George Washington and Jefferson National Forests, VA, land conveyances 50 Granite Watershed Enhancement and Protection Act of 1998 2695 Herger-Feinstein Quincy Library Group Forest Recovery Act 2681–305 Improved outdoor recreational access, disabled persons, study 3275 Interstate 90 Land Exchange Act of 1998 2681–326 Kelly Butte Special Management Area, WA, establishment 2681–334 Lake Chelan National Recreation Area, WA, boundary adjustment 1562 Mark Twain National Forest, MO, boundary adjustment 881 Miles Land Exchange Act of 1998 2778 Rogue River National Forest administrative site, conveyance 2698 Tahoe National Forest, CA, land conveyance 879 The Land Between the Lakes Protection Act of 1998 2681–310 Wenatchee National Forest, WA, boundary adjustment 1562 National Historic Trails *See* National Parks, Memorials, Monuments, Etc. National Parks, Memorials, Monuments, Etc. Adams National Historical Park Act of 1998 3200 Arches National Park Expansion Act of 1998 3060 Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 3388 Black Revolutionary War Patriots Memorial, extension 3205 Cape Cod National Seashore, MA, land exchange 2694 Cape Lookout National Seashore, wild horses, maintenance 676, 1517 Center for National Scenic Byways, MN, designation 209 Charleston National Commemorative Site, AR, designation 2681–262 Chickamauga and Chattanooga National Military Park, GA and TN, land acquisition 2681–266 Dante Fascell Biscayne National Park Visitor Center Designation Act 2931 Delaware and Lehigh National Heritage Corridor, PA, name change 3258 Frederick Law Olmsted National Historic Site, MA, boundary modification 3203 George Mason Memorial, VA, legislative extension 516 Glacier Bay National Park, AK, commercial fishing 2681–259 Glacier Bay National Park Boundary Adjustment Act of 1998 3002 Grand Staircase-Escalante National Monument, UT, boundary adjustments and conveyances 3252 Grant-Kohrs Ranch National Historic Site Boundary Adjustment Act of 1998 3301 Hawaii Volcanoes National Park Adjustment Act of 1998 3401 Improved outdoor recreational access, disabled persons, study 3275 Katmai National Park, AK, land exchange 2681–264 Lewis and Clark National Trail, SD, land acquisition 2681–592 Little Rock Central High School National Historic Site, AR, establishment 3268 Lower East Side Tenement National Historic Site, NY, establishment 3395 Mahatma Gandhi memorial, DC, establishment 2701 Martin Luther King, Jr., Memorial, DC, location 675 Miccosukee Reserved Area Act 2964 Mount St. Helens National Volcanic Monument Completion Act 2690 Mr. Benjamin Banneker memorial, DC, authorization 3266 National Historic Trails Interpretive Center, WY, establishment 2782 National Park Service Concessions Management Improvement Act of 1998 3503 National Park System New Areas Studies Act 3501 National Parks Omnibus Management Act of 1998 3497 National Peace Garden, construction authority, extension 676 National Underground Railroad Network to Freedom Act of 1998 678 North-South Trail, designation as national recreation trail 2681–317 Petroglyph National Monument Boundary Adjustment Act 82 Recreational fees, use 3055 Roosevelts, National historic sites, NY, land acquisition 3300 Sand Creek Massacre National Historic Site Study Act of 1998 1579 Tuskegee Airmen National Historic Site, AL, establishment 3254 Weir Farm National Historic Site, CT, land acquisition 3296 National Wilderness Preservation System Dale Bumpers Wildlife Resources Protection Act 1857 Red Rock Canyon National Conservation Area, NV, boundary modification 2349 Vic Fazio Yolo Wildlife Area, CA, designation 1857 National Wildlife Refuge System Great Lakes Fish and Wildlife Restoration Act of 1998 2358 Improved outdoor recreational access, disabled persons, study 3275 National Wildlife Refuge System Improvement Act of 1998 2957 National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 1574 Sonny Bono Salton Sea National Wildlife Refuge, CA, designation 3380 Native Americans Advisory Council on California Indian Policy Extension Act of 1998 2818 Agua Caliente Band of Cahuilla Indians, CA, revenue distribution 2932 Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 3076 Cheyenne River Sioux Tribe, terrestrial wildlife habitat restoration 2681–660 Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act 1889 Community Services Block Grant Act 2741 Department of the Interior and Related Agencies Appropriations Act, 1999 2681–232 Fort Berthold Indian Reservation, ND, mineral leasing 620 Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 3171 Higher Education Amendments of 1998 1581 Indian Tribal Tort Claims and Risk Management Act of 1998 2681–335 Lower Brule Sioux Tribe, terrestrial wildlife habitat restoration 2618–660 Miccosukee Reserved Area Act 2964 Miscellaneous laws, technical corrections 1896 Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 3471 Native American Programs Act Amendments of 1998 3278 Official insignia, protection 3071 Sand Creek Massacre National Historic Site Study Act of 1998 1579 Nebraska Irrigation Project Contract Extension Act of 1998 2816 Nevada Red Rock Canyon National Conservation Area, boundary modification 2349 Southern Nevada Public Land Management Act of 1998 2343 New Jersey James T. Leonard, Sr. Post Office, designation 2681–594 Killcohook Coordination Area, jurisdiction termination 2957 Larry Doby Post Office, designation 29 New Mexico Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 3388 Carson and Santa Fe National Forests, land conveyance 1252 Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 3171 National Cave and Karst Research Institute Act of 1998 3038 Petroglyph National Monument Boundary Adjustment Act 82 Steve Schiff Auditorium, designation 1249 Steve Schiff Post Office, designation 2681–594 New York America’s National Maritime Museum, designation 2135 Hydroelectric project deadline, extension 624 Jerome Anthony Ambro, Jr. Poet Office Building, designation 2681–593 Lower East Side Tenement National Historic Site, establishment 3395 Roosevelts, National historic sites, land acquisition 3300 Nonprofit Organizations American GI Forum of the United States, federal charter 1530 Amy Somers Volunteers At Food Banks Act 1248 Religious Liberty and Charitable Donation Protection Act of 1998 517 North Carolina Cape Lookout National Seashore, wild horses, maintenance 676, 1517 North Dakota Fort Bethold Indian Reservation, mineral leasing 620 Lake Elsie National Wildlife Refuge, jurisdiction termination 2957 Little Missouri National Grasslands, mineral interests, consolidation 40 O Oceans *See* Water Ohio Carl B. Stokes United States Courthouse, designation 912 Chalmers P. Wylie Veterans Outreach Clinic, designation 3351 Joseph P. Kinneary United States Courthouse, designation 1534 Karl Bernal Post Office Building, designation 2681–595 Ukrainian Museum and Archives, USIA television program “Window on America”, availability 3382 Oregon Dungeness crab fishery management authority 3453 Oregon Public Lands Transfer and Protection Act of 1998 3020 Pacific Northwest Emergency Management Arrangement 3402 The Northwest Wildland Fire Protection Agreement 3391 P Pakistan India-Pakistan Relief Act of 1998 2681–40 Panama Panama Canal Commission Authorization Act for Fiscal Year 1999 2267 Patents and Trademarks Plant Patent Amendments Act of 1998 2780 Trademark Law Treaty Implementation Act 3064 United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999 3272 Patriotic and National Observances, Ceremonies, and Observances Centennial of Flight Commemoration Act 3486 United States Code, revision and codification 1253, 3238 Pennsylvania David P. Richardson, Jr., Post Office Building, designation 2681–595 Delaware and Lehigh National Heritage Corridor, name change 3258 Edgar C. Campbell, Sr., Post Office Building, designation 2618–594 H. John Heinz III Department of Veterans Affairs Medical Center, designation 3351 Pesticides *See* Chemicals Pieterse, Larry Errol 3666 Plants *See* Agriculture Poland International fishery agreement 3461 Police *See* Law Enforcement and Crime Pollution *See* Environmental Protection Pornography Protection of Children from Sexual Predators Act of 1998 2974 Postal Service Migratory Bird Hunting and Conservation Stamp Promotion Act 2381 Postal Employees Safety Enhancement Act 1572 Postal Service Appropriations Act, 1999 2681–492 Prison and Prisoners *See* Law Enforcement and Crime Prisons *See* Law Enforcement and Crime Privacy Children’s Online Privacy Protection Act of 1998 2681–728 Proclamations Africa, victims of bombing incidents 3789 American Heritage Rivers, designation 3782 Deaths Barry M. Goldwater 3760 Lewis F. Powell, Jr. 3791 Immigrant and Nonimmigrant Entry Angola, suspension 3714 Sierra Leone, suspension 3716 Klondike Gold Rush International Historical Park, designation 3788 Special observances African American History Month 3722 Alternative Fuels Week 3760 America Goes Back to School 3792 American Heart Month 3720 American Red Cross Month 3724 Armed Forces, integration, fiftieth anniversary 3778 Asian/Pacific American Heritage Month 3747 Breast Cancer Awareness Month 3808 Cancer Control Month 3731 Captive Nations Week 3779 Character Counts Week 3821 Child Abuse Prevention Month 3732 Child Health Day 3811 Children’s Day 3818 Citizenship Day 3798 Columbus Day 3815 Constitution Week 3798 Crime Victims’ Rights Week 3741 D.A.R.E. Day 3737 Day of Concern About Young People and Gun Violence 3813 Day of Prayer 3746 Defense Transportation Day 3752 Disability Employment Awareness Month 3806 Domestic Violence Awareness Month 3807 Drunk and Drugged Driving Prevention Month 3710 Education and Sharing Day, U.S.A. 3735 Equal Pay Day 3733 Family Caregivers Week 3707 Family Week 3706 Farm-City Week 3705 Farm Safety and Health Week 3804 Father’s Day 3768 Fire Prevention Week 3810 Flag Day 3766 Flag Week 3766 Forest Products Week 3822 Former Prisoner of War Recognition Day 3736 General Pulaski Memorial Day 3817 German-American Day 3812 Gold Star Mother’s Day 3805 Great American Smokeout Day 3703 Greek Independence Day: A National Day of Celebration of Greek and American Democracy 3730 Hispanic Heritage Month 3796 Historically Black Colleges and Universities Week 3797 Homeownership Week 3765 Human Rights Day, Bill of Rights Day, and Human Rights Week 3712 Irish-American Heritage Month 3725 Jewish Heritage Week 3745 Korean War Veterans Armistice Day 3780 Law Day, U.SA. 3748 Leif Erikson Day 3814 Loyalty Day 3749 Maritime Day 3757 Martin Luther King, Jr., Federal Holiday 3718 Minority Enterprise Development Week 3793 Mother’s Day 3751 Older Americans Month 3750 Older Workers Employment Week 3728 Organ and Tissue Donor Awareness Week 3740 Ovarian Cancer Awareness Week 3795 Pan American Day 3738 Pan American Week 3738 Parents’ Day 3781 Park Week 3744 Peace Officers Memorial Day 3754 Pearl Harbor Remembrance Day 3711 Poison Prevention Week 3729 Police Week 3754 POW/MIA Recognition Day 3799 Prayer for Peace, Memorial Day 3758 Recall Round-Up Day 3739 Religious Freedom Day 3717 Safe Boating Week 3755 Save Your Vision Week 3723 School Lunch Week 3816 Small Business Week 3761 Thanksgiving Day 3704 Transportation Week 3752 Volunteer Week 3742 White Cane Safety Day 3819 Women’s Equality Day 3790 Women’s History Month 3726 World AIDS Day 3708 World Trade Week 3756 Wright Brothers Day 3715 Year of the Ocean 3719 Tariffs Accelerated schedule of duty elimination, implementation 3784 Generalized System of Preferences, amendments and modifications 3768 Special textile and apparel regime, modification 3801 Wheat gluten imports 3762 Product Liability *See* Consumer Protection Public Lands ANCSA Land Bank Protection Act of 1998 3129 Arizona, land conveyance 3297 California, land conveyances 629, 879, 3298 Canadian River Project Prepayment Act 2999 Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe, land conveyances 2681–667 Clint and Fabens independent school districts, TX, land conveyances 46 Devils Backbone Wilderness, MO, boundary adjustment 881 Dutch John Federal Property Disposition and Assistance Act of 1998 3040 Gallatin Land Consolidation Act of 1998 2371 Guam, land conveyance 1825 Idaho school land, sale or lease 2822 Interstate 90 Land Exchange Act of 1998 2681–326 Juniper Butte Range Withdrawal Act 2226 Miles Land Exchange Act of 1998 2778 Montana, land conveyance 2681–710 Oregon Public Lands Transfer and Protection Act of 1998 3020 Petroglyph National Monument Boundary Adjustment Act 82 Roosevelts, National historic sites, NY, land acquisition 3300 South Dakota, land transfer 2681–665 Southern Nevada Public Land Management Act of 1998 2343 Utah, land acquisition and management 3297 Utah school trust land, exchange 3062 Utah Schools and Lands Exchange Act of 1998 3139 Virginia, land conveyances 50 R Recreation and Recreational Areas Improved outdoor recreational access, disabled persons, study 3275 Land Between the Lakes National Recreation Area, KY and TN establishment 2681–312 Recycling Depleted uranium hexafluoride 681 Refugees *See* Immigration Religion International Religious Freedom Act of 1998 2787 Religious Liberty and Charitable Donation Protection Act 517 Research and Development Agricultural Research, Extension, and Education Reform Act of 1998 523 Assistive Technology Act of 1998 3627 Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 3447 National Cave and Karst Research Institute Act of 1998 3038 Next Generation Internet Research Act of 1998 2919 Women’s Health Research and Prevention Amendments of 1998 3191 Retirement Department of State Special Agents Retirement Act of 1998 3406 Rivers and Harbors Alamo River and New River, CA, water quality improvement 3380 Canadian River Project Prepayment Act 2999 Roberta, Terrence 2681–597 S Safety Inspections, investigations and recordkeeping 640 Motor carriers 394 National Highway Traffic Safety Administration Reauthorization Act of 1998 465 Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998 638 Police, Fire, and Emergency Officers Educational Assistance Act of 1998 3495 Postal Employees Safety Enhancement Act 1572 Sportfishing and Boating Safety Act of 1998 482 Transportation Equity Act for the 21st Century 107 Salehi, Mai Hoa 3667 Scanning Receivers *See* Wireless Telephones Schools *See* Education Science and Technology Assistive Technology Act of 1998 3627 Automated entry-exit control system development, extension 1918 Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 3076 Commercial Space Act of 1998 2843 Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act 1889 Crime Identification Technology Act of 1998 1871 National Science Foundation Authorization Act of 1998 869 Science and Technology Policy Institute, designation 877 Tech-Prep Education Act 3117 Technology Administration Act of 1998 2935 Seas *See* Water Securities Securities Litigation Uniform Standards Act of 1998 3227 Ships and Shipping *See* Maritime Affairs Social Security Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 2926 South Dakota Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe, land conveyances 2681–668 Fall River Water Users District Rural Water System Act of 1998 3222 Land transfer 2681–665 Terrestrial wildlife habitat restoration 2681–660 Southern Pacific Transportation Company 629 Space *See* Science and Technology Sports Curt Flood Act of 1998 2824 Olympic and Amateur Sports Act Amendments of 1998 2681–603 Ted Stevens Olympic and Amateur Sports Act 2681–603 State and Local Governments *See* Intergovernmental Relations T Taxes Internal Revenue Service Restructuring and Reform Act of 1998 685 Internet Tax Freedom Act 2681–719 Line item veto, limited tax benefits 833 Surface Transportation Revenue Act of 1998 499 Tax and Trade Relief Extension Act of 1998 2681–886 Tax Technical Corrections Act of 1998 790 Taxpayer Bill of Rights 3 726 Transportation Equity Act for the 21st Century 107 Teachers *See* Education Technology *See* Science and Technology Telecommunications *See* Communications and Telecommunications Telemarketing *See* Consumer Protection Tennessee Chickamauga and Chattanooga National Military Park, land acquisition 2681–266 Jere Cooper Federal Building, designation 2681–596 The Land Between the Lakes Protection Act of 1998 2681–310 Terrorism Coordinator for Counterterrorism, establishment 2681–824 Defense Against Weapons of Mass Destruction Act of 1998 2167 International Investigations 2404 Rewards program 3029 The National Commission on Terrorism, establishment 2681–210 Texas Canadian River Project Prepayment Act 2999 Clint and Fabens independent school districts, land conveyances 46 Kika de la Garza Subtropical Agricultural Research Center, designation 608 Texas Low-Level Radioactive Waste Disposal Compact Consent Act 1542 Thomas, Jefferson 2681–597 Tibet Radio Free Asia Act of 1998 2277 Tolley, Heraclio 3665 Trade *See* Commerce and Trade Transportation Aircraft and Aviation Aircraft fasteners, exemption 1536 Aviation Medical Assistance Act of 1998 47 FAA Research, Engineering, and Development Authorization Act of 1998 5 Airports Potomac Highlands Airport Authority Compact 3212 Ronald Reagan Washington National Airport, DC and VA, designation 3 Department of Transportation and Related Agencies Appropriations Act, 1999 2681–439 Federal Transit Act of 1998 338 Highways and Bridges Interstate 90 Land Exchange Act of 1998 2681–326 National Highway Traffic Safety Administration Reauthorization Act of 1998 465 Transportation Equity Act for the 21st Century 107 Transportation Infrastructure Finance and Innovation Act of 1998 241 Intelligent Transportation Systems Act of 1998 452 Motor carrier safety 394 Motor vehicles Automobile National Heritage Area Act 3247 Border Smog Reduction Act of 1998 2773 Fair Trade in Automotive Parts Act of 1998 2275 National Highway Traffic Safety Administration Reauthorization Act of 1998 465 Surface Transportation Revenue Act of 1998 499 TEA 21 Restoration Act 834 Travel and Transportation Reform Act of 1998 2350 Treaties Migratory Bird Treaty Reform Act of 1998 2956 Trademark Law Treaty Implementation Act of 1998 3064 Trickey, Jean Brown 2681–597 Trucks *See* Transportation Tutu, Desmond 895 U Ukraine Ukrainian Museum and Archives, USIA television program “Window on America”, availability 3382 United States Code Patriotic and national observances, revision and codification 1253, 3238 Universities *See* Education Uranium Depleted hexafluoride, treatment and recycling 681 Urban and Rural Areas Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 2681 Appalachian Regional Development Reform Act of 1998 3618 Denali Commission Act of 1998 2681–637 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 2461 Economic Development Administration and Appalachian Regional Development Reform Act of 1998 3596 Economic Development Administration Reform Act of 1998 3597 Federal Transit Act of 1998 338 Intelligent Transportation Systems Act of 1998 452 Utah Arches National Park Expansion Act of 1998 3060 Dutch John Federal Property Disposition and Assistance Act of 1998 3040 Grand Staircase-Escalante National Monument, boundary adjustments and conveyances 3252 Howard C. Nielson Post Office Building, designation 2681–595 Utah Schools and Lands Exchange Act of 1998 3139 Wilcox Ranch, land acquisition and management 3297 V Vermont Texas Low-Level Radioactive Waste Disposal Compact Consent Act 1542 Vessels *See* Maritime Affairs Veterans Department of Veterans Affairs Health Care Personnel Incentive Act of 1998 3352 Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 2461 Persian Gulf War Veterans Act of 1998 2681–742 Veterans Benefits Act of 1998 492 Veterans Employment Opportunities Act of 1998 3182 Veterans Programs Enhancement Act of 1998 3315 Virginia America’s National Maritime Museum, designation 2135 George Bush Center for Intelligence, designation 2403 George Mason Memorial, legislative extension 516 Land conveyances 50 Lorton Technical Corrections Act of 1998 2681–600 Ronald Reagan Washington National Airport, designation 3 Voluntarism Administrative Assistant to the Chief Justice, voluntary services, authorization 1535 Amy Somers Volunteers at Food Banks Act 1248 National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 1574 Volunteers for Children Act 1885 W Wair, Thelma Mothershed 2681–597 Washington Dungeness crab fishery management authority 3453 Hydroelectric project deadlines, extension 622, 623, 625, 626 Interstate 90 Land Exchange Act of 1998 2681–326 Kelly Butte Special Management Area, establishment 2681–334 Lake Chelan National Recreation Area, boundary adjustment 1562 Mount St. Helens National Volcanic Monument Completion Act 2690 Pacific Northwest Emergency Management Arrangement 3402 The Northwest Wildland Fire Protection Agreement 3391 Wenatchee National Forest, boundary adjustment 1562 Waste Disposal *See* Environmental Protection Water Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 3388 Burley Irrigation District, ID, facilities conveyance 3219 Canadian River Project Prepayment Act 2999 Energy and Water Development Appropriations Act, 1999 1838 Fall River Water Users District Rural Water System Act of 1998 3222 Folsom Dam, CA, temperature control devices, authorization 2820 Granite Watershed Enhancement and Protection Act of 1998 2695 Hydrographic Services Improvement Act of 1998 3454 Irrigation Project Contract Extension Act of 1998 2816 National Drought Policy Act of 1998 641 National Sea Grant College Program Reauthorization Act 21 Salton Sea feasibility study 2681–658 Salton Sea Reclamation Act of 1998 3377 Weapons *See* Arms and Munitions Welfare Federal means-tested public assistance programs database, study 3399 Head Start Amendments of 1998 2703 West Virginia Potomac Highlands Airport Authority Compact 3212 Whales National Whale Conservation Fund Act of 1998 2681–119 Wildlife *See* Fish and Wildlife; National Wildlife Refuge System Wireless Telephones *See* Communications and Telecommunications Women Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act 1889 Higher Education Amendments of 1998 1581 Mammography Quality Standards Reauthorization Act of 1998 1864 Women’s Health and Cancer Rights Act of 1998 2681–436 Women’s Health Research and Prevention Amendments of 1998 3191 Women’s Progress Commemoration Act 3196 Wyoming Dick Cheney Federal Building, designation 2681–593 Irrigation Project Contract Extension Act of 1998 2816 National Historic Trails Interpretive Center, establishment 2782 Y Year 2000 Conversion *See* Computers Yugoslavia *See* Federal Republic of Yugoslavia Z Zurita, Manuel 92 4 **UNITED STATES****STATUTES AT LARGE** CONTAINING THE LAWS AND CONCURRENT RESOLUTIONS ENACTED DURING THE SECOND SESSION OF THE ONE HUNDRED FIFTH CONGRESS OF THE UNITED STATES OF AMERICA **1998** AND PROCLAMATIONS **Volume 112** IN FIVE PARTS Part 4 PUBLIC LAWS 105–277 THROUGH 105–291 UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1999 PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ARCHIVIST OF THE UNITED STATES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION “The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions,… proclamations by the President and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.” (1 USC 112). For sale by the Superintendent of Documents U.S. Government Printing Office Washington, DC 20402-9328 (5-part set; sold in sets only) CONTENTS PART 1 Page List of Bills Enacted Into Public Lawv List of Public Lawsvii List of Bills Enacted Into Private Lawxvii List of Private Lawsxix List of Concurrent Resolutionsxxi List of Proclamationsxxiii Public Laws 105–154 Through 105–2183 Popular Name IndexA1 Subject IndexB1 PART 2 List of Bills Enacted Into Public Lawv List of Public Lawsvii List of Bills Enacted Into Private Lawxvii List of Private Lawsxix List of Concurrent Resolutionsxxi List of Proclamationsxxiii Public Laws 105–219 Through 105–245913 Popular Name IndexA1 Subject IndexB1 PART 3 List of Bills Enacted Into Public Lawv List of Public Lawsvii List of Bills Enacted Into Private Lawxvii List of Private Lawsxix List of Concurrent Resolutionsxxi List of Proclamationsxxiii Public Laws 105–246 Through 105–2761859 Popular Name IndexA1 Subject IndexB1 PART 4 List of Bills Enacted Into Public Lawv List of Public Lawsvii List of Bills Enacted Into Private Lawxvii List of Private Lawsxix List of Concurrent Resolutionsxxi List of Proclamationsxxiii Public Laws 105–277 Through 105–2912681 Popular Name IndexA1 Subject IndexB1 PART 5 List of Bills Enacted Into Public Lawv List of Public Lawsvii List of Bills Enacted Into Private Lawxvii List of Private Lawsxix List of Concurrent Resolutionsxxi List of Proclamationsxxiii Public Laws 105–292 Through 105–3942787 Private Laws3665 Concurrent Resolutions3673 Proclamations3703 Popular Name IndexA1 Subject IndexB1 LIST OF BILLS ENACTED INTO PUBLIC LAW THE ONE HUNDRED FIFTH CONGRESS OF THE UNITED STATES SECOND SESSION, 1998 BILL PUBLIC LAW H.R. 6 105–244 H.R. 8 105–286 H.R. 39 105–217 H.R. 434 105–224 H.R. 449 105–263 H.R. 595 105–163 H.R. 624 105–287 H.R. 629 105–236 H.R. 633 105–382 H.R. 643 105–218 H.R. 651 105–189 H.R. 652 105–190 H.R. 678 105–331 H.R. 700 105–308 H.R. 765 105–229 H.R. 824 105–179 H.R. 848 105–191 H.R. 872 105–230 H.R. 930 105–264 H.R. 960 105–195 H.R. 1021 105–288 H.R. 1023 105–369 H.R. 1085 105–225 H.R. 1116 105–169 H.R. 1151 105–219 H.R. 1184 105–192 H.R. 1197 105–289 H.R. 1217 105–193 H.R. 1271 105–155 H.R. 1273 105–207 H.R. 1274 105–309 H.R. 1316 105–205 H.R. 1385 105–220 H.R. 1439 105–208 H.R. 1460 105–209 H.R. 1481 105–265 H.R. 1635 105–203 H.R. 1659 105–279 H.R. 1702 105–303 H.R. 1756 105–310 H.R. 1779 105–210 H.R. 1836 105–266 H.R. 1847 105–184 H.R. 1853 105–332 H.R. 1856 105–242 H.R. 2000 105–333 H.R. 2070 105–370 H.R. 2165 105–211 H.R. 2186 105–290 H.R. 2202 105–196 H.R. 2204 105–383 H.R. 2217 105–212 H.R. 2263 105–371 H.R. 2281 105–304 H.R. 2327 105–334 H.R. 2370 105–291 H.R. 2400 105–178 H.R. 2411 105–280 H.R. 2431 105–292 H.R. 2472 105–177 H.R. 2616 105–278 H.R. 2631 105–159 H.R. 2675 105–311 H.R. 2676 105–206 H.R. 2795 105–293 H.R. 2807 105–312 H.R. 2841 105–213 H.R. 2843 105–170 H.R. 2864 105–197 H.R. 2870 105–214 H.R. 2877 105–198 H.R. 2886 105–281 H.R. 3007 105–255 H.R. 3035 105–199 H.R. 3042 105–156 H.R. 3055 105–313 H.R. 3069 105–294 H.R. 3096 105–247 H.R. 3116 105–164 H.R. 3130 105–200 H.R. 3152 105–221 H.R. 3156 105–215 H.R. 3226 105–171 H.R. 3267 105–372 H.R. 3301 105–176 H.R. 3332 105–305 H.R. 3381 105–267 H.R. 3461 105–384 H.R. 3494 105–314 H.R. 3504 105–226 H.R. 3528 105–315 H.R. 3565 105–180 H.R. 3579 105–174 H.R. 3616 105–261 H.R. 3633 105–357 H.R. 3687 105–316 H.R. 3694 105–272 H.R. 3723 105–358 H.R. 3731 105–222 H.R. 3790 105–268 H.R. 3796 105–282 H.R. 3811 105–187 H.R. 3824 105–234 H.R. 3830 105–335 H.R. 3874 105–336 H.R. 3903 105–317 H.R. 3910 105–355 H.R. 4059 105–237 H.R. 4060 105–245 H.R. 4068 105–256 H.R. 4079 105–295 H.R. 4081 105–283 H.R. 4083 105–373 H.R. 4103 105–262 H.R. 4110 105–368 H.R. 4112 105–275 H.R. 4151 105–318 H.R. 4164 105–374 H.R. 4166 105–296 H.R. 4194 105–276 H.R. 4237 105–227 H.R. 4248 105–269 H.R. 4259 105–337 H.R. 4283 105–385 H.R. 4284 105–284 H.R. 4293 105–319 H.R. 4309 105–320 H.R. 4326 105–321 H.R. 4328 105–277 H.R. 4337 105–322 H.R. 4354 105–223 H.R. 4382 105–248 H.R. 4501 105–359 H.R. 4558 105–306 H.R. 4566 105–274 H.R. 4655 105–338 H.R. 4658 105–259 H.R. 4660 105–323 H.R. 4679 105–324 H.R. 4821 105–360 H.J. Res. 102 105–175 H.J. Res. 113 105–201 H.J. Res. 128 105–240 H.J. Res. 131 105–253 H.J. Res. 133 105–249 H.J. Res. 134 105–254 H.J. Res. 135 105–257 H.J. Res. 136 105–260 H.J. Res. 137 105–273 H J. Res. 138 105–350 S. 53 105–297 S. 191 105–386 S. 231 105–325 S. 314 105–270 S. 318 105–216 S. 347 105–165 S. 391 105–387 S. 414 105–258 S. 417 105–388 S. 419 105–168 S. 423 105–182 S. 459 105–361 S. 493 105–172 S. 505 105–298 S. 538 105–351 S. 731 105–202 S. 744 105–352 S. 750 105–167 S. 758 105–166 S. 759 105–375 S. 890 105–326 S. 916 105–161 S. 927 105–160 S. 985 105–162 S. 1021 105–339 S. 1132 105–376 S. 1134 105–377 S. 1150 105–185 S. 1178 105–173 S. 1244 105–183 S. 1260 105–353 S. 1298 105–299 S. 1333 105–327 S. 1349 105–157 S. 1355 105–250 S. 1364 105–362 S. 1379 105–246 S. 1397 105–389 S. 1408 105–378 S. 1525 105–390 S. 1564 105–158 S. 1575 105–154 S. 1605 105–181 S. 1683 105–238 S. 1693 105–391 S. 1695 105–243 S. 1718 105–363 S. 1722 105–340 S. 1733 105–379 S. 1754 105–392 S. 1759 105–231 S. 1800 105–232 S. 1883 105–239 S. 1892 105–300 S. 1900 105–186 S. 1976 105–301 S. 2022 105–251 S. 2069 105–188 S. 2071 105–252 S. 2094 105–328 S. 2106 105–329 S. 2112 105–241 S. 2129 105–380 S. 2143 105–233 S. 2193 105–330 S. 2206 105–285 S. 2232 105–356 S. 2235 105–302 S. 2240 105–342 S. 2241 105–364 S. 2246 105–343 S. 2272 105–365 S. 2282 105–194 S. 2285 105–341 S. 2316 105–204 S. 2344 105–228 S. 2364 105–393 S. 2375 105–366 S. 2392 105–271 S. 2413 105–344 S. 2427 105–345 S. 2432 105–394 S. 2468 105–307 S. 2500 105–367 S. 2505 105–346 S. 2524 105–354 S. 2561 105–347 S.J. Res. 35 105–381 S.J. Res. 51 105–348 S.J. Res. 54 105–235 S.J. Res. 58 105–349 LIST OF PUBLIC LAWS CONTAINED IN THIS VOLUME PUBLIC LAW DATE PAGE 105–154 To rename the Washington National Airport located in the District of Columbia and Virginia as the “Ronald Reagan Washington National Airport” Feb. 6, 1998 3 105–155 FAA Research, Engineering, and Development Authorization Act of 1998 Feb. 11, 1998 5 105–156 Environmental Policy and Conflict Resolution Act of 1998 Feb. 11, 1998 8 105–157 To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel PRINCE NOVA, and for other purposes Feb. 11, 1998 13 105–158 Holocaust Victims Redress Act Feb. 13, 1998 15 105–159 Disapproving the cancellations transmitted by the President on October 6, 1997, regarding Public Law 105–45 Feb. 25, 1998 19 105–160 National Sea Grant College Program Reauthorization Act of 1998 Mar. 6, 1998 21 105–161 To designate the United States Post Office building located at 750 Highway 28 East in Taylorsville, Mississippi, as the “Blaine H. Eaton Post Office Building” Mar. 9, 1998 28 105–162 To designate the post office located at 194 Ward Street in Paterson, New Jersey, as the “Larry Doby Post Office” Mar. 9, 1998 29 105–163 To designate the Federal building and United States courthouse located at 475 Mulberry Street in Macon, Georgia, as the “William Augustus Bootle Federal Building and United States Courthouse” Mar. 20, 1998 31 105–164 Examination Parity and Year 2000 Readiness for Financial Institutions Act Mar. 20, 1998 32 105–165 To designate the Federal building located at 61 Forsyth Street SW., in Atlanta, Georgia, as the “Sam Nunn Atlanta Federal Center” Mar. 20, 1998 37 105–166 Lobbying Disclosure Technical Amendments Act of 1998 Apr. 6, 1998 38 105–167 To consolidate certain mineral interests in the National Grasslands in Billings County, North Dakota, through the exchange of Federal and private mineral interests to enhance land management capabilities and environmental and wildlife protection, and for other purposes Apr. 13, 1998 40 105–168 Birth Defects Prevention Act of 1998 Apr. 21, 1998 43 105–169 To provide for the conveyance of the reversionary interest of the United States in certain lands to the Clint Independent School District and the Fabens Independent School District Apr. 24, 1998 46 105–170 Aviation Medical Assistance Act of 1998 Apr. 24, 1998 47 105–171 To authorize the Secretary of Agriculture to convey certain lands and improvements in the State of Virginia, and for other purposes Apr. 24, 1998 50 105–172 Wireless Telephone Protection Act Apr. 24, 1998 53 105–173 To amend the Immigration and Nationality Act to modify and extend the visa waiver pilot program, and to provide for the collection of data with respect to the number of nonimmigrants who remain in the United States after the expiration of the period of stay authorized by the Attorney General Apr. 27, 1998 56 105–174 1998 Supplemental Appropriations and Rescissions Act May 1, 1998 58 105–175 Expressing the sense of the Congress on the occasion of the 50th anniversary of the founding of the modern State of Israel and reaffirming the bonds of friendship and cooperation between the United States and Israel May 11, 1998 102 105–176 To amend chapter 51 of title 31, United States Code, to allow the Secretary of the Treasury greater discretion with regard to the placement of the required inscriptions on quarter dollars issued under the 50 States Commemorative Coin Program May 29, 1998 104 105–177 To extend certain programs under the Energy Policy and Conservation Act June 1, 1998 105 105–178 Transportation Equity Act for the 21st Century June 9, 1998 107 105–179 To redesignate the Federal building located at 717 Madison Place, NW., in the District of Columbia, as the “Howard T. Markey National Courts Building” June 16, 1998 510 105–180 Care for Police Survivors Act of 1998 June 16, 1998 511 105–181 Bulletproof Vest Partnership Grant Act of 1998 June 16, 1998 512 105–182 To extend the legislative authority for the Board of Regents of Gunston Hall to establish a memorial to honor George Mason June 19, 1998 516 105–183 Religious Liberty and Charitable Donation Protection Act of 1998 June 19, 1998 517 105–184 Telemarketing Fraud Prevention Act of 1998 June 23, 1998 520 105–185 Agricultural Research, Extension, and Education Reform Act of 1998 June 23, 1998 523 105–186 U.S. Holocaust Assets Commission Act of 1998 June 23, 1998 611 105–187 Deadbeat Parents Punishment Act of 1998 June 24, 1998 618 105–188 To permit the mineral leasing of Indian land located within the Fort Berthold Indian Reservation in any case in which there is consent from a majority interest in the parcel of land under consideration for lease July 7, 1998 620 105–189 To extend the deadline under the Federal Power Act for the construction of a hydroelectric project located in the State of Washington, and for other purposes July 14, 1998 622 105–190 To extend the deadline under the Federal Power Act for the construction of a hydroelectric project located in the State of Washington, and for other purposes July 14, 1998 623 105–191 To extend the deadline under the Federal Power Act applicable to the construction of the AuSable Hydroelectric Project in New York, and for other purposes July 14, 1998 624 105–192 To extend the deadline under the Federal Power Act for the construction of the Bear Creek Hydroelectric Project in the State of Washington, and for other purposes July 14, 1998 625 105–193 To extend the deadline under the Federal Power Act for the construction of a hydroelectric project located in the State of Washington, and for other purposes July 14, 1998 626 105–194 Agriculture Export Relief Act of 1998 July 14, 1998 627 105–195 To validate certain conveyances in the City of Tulare, Tulare County, California, and for other purposes July 16, 1998 629 105–196 National Bone Marrow Registry Reauthorization Act of 1998 July 16, 1998 631 105–197 Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998 July 16, 1998 638 105–198 To amend the Occupational Safety and Health Act of 1970 July 16, 1998 640 105–199 National Drought Policy Act of 1998 July 16, 1998 641 105–200 Child Support Performance and Incentive Act of 1998 July 16, 1998 645 105–201 Approving the location of a Martin Luther King, Jr., Memorial in the Nation’s Capital July 16, 1998 675 105–202 To extend the legislative authority for construction of the National Peace Garden memorial, and for other purposes July 16, 1998 676 105–203 National Underground Railroad Network to Freedom Act of 1998 July 21, 1998 678 105–204 To require the Secretary of Energy to submit to Congress a plan to ensure that all amounts accrued on the books of the United States Enrichment Corporation for the disposition of depleted uranium hexafluoride will be used to treat and recycle depleted uranium hexafluoride July 21, 1998 681 105–205 To amend chapter 87 of title 5, United States Code, with respect to the order of precedence to be applied in the payment of life insurance benefits July 22, 1998 683 105–206 Internal Revenue Service Restructuring and Reform Act of 1998 July 22, 1998 685 105–207 National Science Foundation Authorization Act of 1998 July 29, 1998 869 105–208 To facilitate the sale of certain land in Tahoe National Forest in the State of California to Placer County, California July 29, 1998 879 105–209 To allow for election of the Delegate from Guam by other than separate ballot, and for other purposes July 29, 1998 880 105–210 To make a minor adjustment in the exterior boundary of the Devils Backbone Wilderness in the Mark Twain National Forest, Missouri, to exclude a small parcel of land containing improvements July 29, 1998 881 105–211 To extend the deadline under the Federal Power Act applicable to the construction of FERC Project Number 3862 in the State of Iowa, and for other purposes July 29, 1998 882 105–212 To extend the deadline under the Federal Power Act applicable to the construction of FERC Project Number 9248 in the State of Colorado, and for other purposes July 29, 1998 883 105–213 To extend the time required for the construction of a hydroelectric project July 29, 1998 884 105–214 To amend the Foreign Assistance Act of 1961 to facilitate protection of tropical forests through debt reduction with developing countries with tropical forests July 29, 1998 885 105–215 To present a congressional gold medal to Nelson Rolihlahla Mandela July 29, 1998 895 105–216 Homeowners Protection Act of 1998 July 29, 1998 897 105–217 African Elephant Conservation Reauthorization Act of 1998 Aug. 5, 1998 911 105–218 To designate the United States courthouse to be constructed at the comer of Superior and Huron Roads, in Cleveland, Ohio, as the “Carl B. Stokes United States Courthouse” Aug. 7, 1998 912 105–219 Credit Union Membership Access Act Aug. 7, 1998 913 105–220 Workforce Investment Act of 1998 Aug. 7, 1998 936 105–221 Amy Somers Volunteers at Food Banks Act Aug. 7, 1998 1248 105–222 To designate the auditorium located within the Sandia Technology Transfer Center in Albuquerque, New Mexico, as the “Steve Schiff Auditorium” Aug. 7, 1998 1249 105–223 To establish the United States Capitol Police Memorial Fund on behalf of the families of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the United States Capitol Police Aug. 7, 1998 1250 105–224 To provide for the conveyance of small parcels of land in the Carson National Forest and the Santa Fe National Forest, New Mexico, to the village of El Rito and the town of Jemez Springs, New Mexico Aug. 12, 1998 1252 105–225 To revise, codify, and enact without substantive change certain general and permanent laws, related to patriotic and national observances, ceremonies, and organizations, as title 36, United States Code, “Patriotic and National Observances, Ceremonies, and Organizations” Aug. 12, 1998 1253 105–226 John F. Kennedy Center for the Performing Arts Authorization Act of 1998 Aug. 12, 1998 1513 105–227 To amend the District of Columbia Convention Center and Sports Arena Authorization Act of 1995 to revise the revenues and activities covered under such Act, and for other purposes Aug. 12, 1998 1515 105–228 Emergency Farm Financial Relief Act Aug. 12, 1998 1516 105–229 To ensure maintenance of a herd of wild horses in Cape Lookout National Seashore Aug. 13, 1998 1517 105–230 Biomaterials Access Assurance Act of 1998 Aug. 13, 1998 1519 105–231 To grant a Federal charter to the American GI Forum of the United States Aug. 13, 1998 1530 105–232 To designate the Federal building and United States courthouse located at 85 Marconi Boulevard in Columbus, Ohio, as the “Joseph P. Kinneary United States Courthouse” Aug. 13, 1998 1534 105–233 To amend chapter 45 of title 28, United States Code, to authorize the Administrative Assistant to the Chief Justice to accept voluntary services, and for other purposes Aug. 13, 1998 1535 105–234 Amending the Fastener Quality Act to exempt from its coverage certain fasteners approved by the Federal Aviation Administration for use in aircraft Aug. 14, 1998 1536 105–235 Finding the Government of Iraq in unacceptable and material breach of its international obligations Aug. 14, 1998 1538 105–236 Texas Low-Level Radioactive Waste Disposal Compact Consent Act Sept. 20, 1998 1542 105–237 Military Construction Appropriations Act, 1999 Sept. 20, 1998 1553 105–238 To transfer administrative jurisdiction over part of the Lake Chelan National Recreation Area from the Secretary of the Interior to the Secretary of Agriculture for inclusion in the Wenatchee National Forest Sept. 23, 1998 1562 105–239 Marion National Fish Hatchery and Claude Harris National Aquacultural Research Center Conveyance Act Sept. 23, 1998 1564 105–240 Making continuing appropriations for the fiscal year 1999, and for other purposes Sept. 25, 1998 1566 105–241 Postal Employees Safety Enhancement Act Sept. 28, 1998 1572 105–242 National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 Oct. 5, 1998 1574 105–243 Sand Creek Massacre National Historic Site. Study Act of 1998 Oct. 6, 1998 1579 105–244 Higher Education Amendments of 1998 Oct. 7, 1998 1581 105–245 Energy and Water Development Appropriations Act, 1999 Oct. 7, 1998 1838 105–246 Nazi War Crimes Disclosure Act Oct. 8, 1998 1859 105–247 To correct a provision relating to termination of benefits for convicted persons Oct. 9, 1998 1863 105–248 Mammography Quality Standards Reauthorization Act of 1998 Oct. 9, 1998 1864 105–249 Making further continuing appropriations for the fiscal year 1999, and for other purposes Oct. 9, 1998 1868 105–250 To designate the United States courthouse located at 141 Church Street in New Haven, Connecticut, as the “Richard C. Lee United States Courthouse” Oct. 9, 1998 1869 105–251 To provide for the improvement of interstate criminal justice identification, information, communications, and forensics Oct. 9, 1998 1870 105–252 To extend a quarterly financial report program administered by the Secretary of Commerce Oct. 9, 1998 1886 105–253 Waiving certain enrollment requirements for the remainder of the One Hundred Fifth Congress with respect to any bill or joint resolution making general or continuing appropriations for fiscal year 1999 Oct. 12, 1998 1887 105–254 Making further continuing appropriations for the fiscal year 1999, and for other purposes Oct. 12, 1998 1888 105–255 Commission on the Advancement of Women and Minorities in Science, Engineering, and Technology Development Act Oct. 14, 1998 1889 105–256 To make certain technical corrections in laws relating to Native Americans, and for other purposes Oct. 14, 1998 1896 105–257 Making further continuing appropriations for the fiscal year 1999, and for other purposes Oct. 14, 1998 1901 105–258 Ocean Shipping Reform Act of 1998 Oct. 14, 1998 1902 105–259 To extend the date by which an automated entry-exit control system must be developed Oct. 15, 1998 1918 105–260 Making further continuing appropriations for the fiscal year 1999, and for other purposes Oct. 16, 1998 1919 105–261 Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 Oct. 17, 1998 1920 105–262 Department of Defense Appropriations Act, 1999 Oct. 17, 1998 2279 105–263 Southern Nevada Public Land Management Act of 1998 Oct. 19, 1998 2343 105–264 Travel and Transportation Reform Act of 1998 Oct. 19, 1998 2350 105–265 Great Lakes Fish and Wildlife Restoration Act of 1998 Oct. 19, 1998 2358 105–266 Federal Employees Health Care Protection Act of 1998 Oct. 19, 1998 2363 105–267 Gallatin Land Consolidation Act of 1998 Oct. 19, 1998 2371 105–268 Library of Congress Bicentennial Commemorative Coin Act of 1998 Oct. 19, 1998 2378 105–269 Migratory Bird Hunting and Conservation Stamp Promotion Act Oct. 19, 1998 2381 105–270 Federal Activities Inventory Reform Act of 1998 Oct. 19, 1998 2382 105–271 Year 2000 Information and Readiness Disclosure Act Oct. 19, 1998 2386 105–272 Intelligence Authorization Act for Fiscal Year 1999 Oct. 20, 1998 2396 105–273 Making further continuing appropriations for the fiscal year 1999, and for other purposes Oct. 20, 1998 2418 105–274 District of Columbia Courts and Justice Technical Corrections Act of 1998 Oct. 21, 1998 2419 105–275 Legislative Branch Appropriations Act, 1999 Oct. 21, 1998 2430 105–276 Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes Oct. 21, 1998 2461 105–277 Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 Oct. 21, 1998 2681 105–278 Charter School Expansion Act of 1998 Oct. 22, 1998 2682 105–279 Mount St. Helens National Volcanic Monument Completion Act Oct. 23, 1998 2690 105–280 To provide for a land exchange involving the Cape Cod National Seashore and to extend the authority for the Cape Cod National Seashore Advisory Commission Oct. 26, 1998 2694 105–281 Granite Watershed Enhancement and Protection Act of 1998 Oct. 26, 1998 2695 105–282 To authorize the Secretary of Agriculture to convey the administrative site for the Rogue River National Forest and use the proceeds for the construction or improvement of offices and support buildings for the Rogue River National Forest and the Bureau of Land Management Oct. 26, 1998 2698 105–283 To extend the deadline under the Federal Power Act applicable to the construction of a hydroelectric project in the State of Arkansas Oct. 26, 1998 2700 105–284 To authorize the Government of India to establish a memorial to honor Mahatma Gandhi in the District of Columbia Oct. 26, 1998 2701 105–285 Community Opportunities, Accountability, and Training and Educational Services Act of 1998 Oct. 27, 1998 2702 105–286 Border Smog Reduction Act of 1998 Oct. 27, 1998 2773 105–287 Armored Car Reciprocity Amendments of 1998 Oct. 27, 1998 2776 105–288 Miles Land Exchange Act of 1998 Oct. 27, 1998 2778 105–289 Plant Patent Amendments Act of 1998 Oct. 27, 1998 2780 105–290 To authorize the Secretary of the Interior to provide assistance to the National Historic Trails Interpretive Center in Casper, Wyoming Oct. 27, 1998 2782 105–291 Guam Organic Act Amendments of 1998 Oct. 27, 1998 2785 105–292 International Religious Freedom Act of 1998 Oct. 27, 1998 2787 105–293 Irrigation Project Contract Extension Act of 1998 Oct. 27, 1998 2816 105–294 Advisory Council on California Indian Policy Extension Act of 1998 Oct. 27, 1998 2818 105–295 To authorize the construction of temperature control devices at Folsom Dam in California Oct. 27, 1998 2820 105–296 To amend the Idaho Admission Act regarding the sale or lease of school land Oct. 27, 1998 2822 105–297 Curt Flood Act of 1998 Oct. 27, 1998 2824 105–298 To amend the provisions of title 17, United States Code, with respect to the duration of copyright, and for other purposes Oct. 27, 1998 2827 105–299 To designate a federal building located in Florence, Alabama, as the “Justice John McKinley Federal Building” Oct. 27, 1998 2835 105–300 To provide that a person closely related to a judge of a court exercising judicial power under article III of the United States (Constitution (other than the Supreme Court) may not be appointed as a judge of the same court, and for other purposes Oct. 27, 1998 2836 105–301 Crime Victims with Disabilities Awareness Act Oct. 27, 1998 2838 105–302 To amend part Q of the Omnibus Crime Control and Safe Streets Act of 1968 to encourage the use of school resource officers Oct. 27, 1998 2841 105–303 Commercial Space Act of 1998 Oct. 28, 1998 2843 105–304 Digital Millennium Copyright Act Oct. 28, 1998 2860 105–305 Next Generation Internet Research Act of 1998 Oct. 28, 1998 2919 105–306 Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 Oct. 28, 1998 2926 105–307 Dante Fascell Biscayne National Park Visitor Center Designation Act Oct. 29, 1998 2931 105–308 To remove the restriction on the distribution of certain revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians Oct. 30, 1998 2932 105–309 Technology Administration Act of 1998 Oct. 30, 1998 2935 105–310 Money Laundering and Financial Crimes Strategy Act of 1998 Oct. 30, 1998 2941 105–311 Federal Employees Life Insurance Improvement Act Oct. 30, 1998 2950 105–312 To clarify restrictions under the Migratory Bird Treaty Act on baiting and to facilitate acquisition of migratory bird habitat, and for other purposes Oct. 30, 1998 2956 105–313 Miccosukee Reserved Area Act Oct. 30, 1998 2964 105–314 Protection of Children From Sexual Predators Act of 1998 Oct. 30, 1998 2974 105–315 Alternative Dispute Resolution Act of 1998 Oct. 30, 1998 2993 105–316 Canadian River Project Prepayment Act Oct. 30, 1998 2999 105–317 Glacier Bay National Park Boundary Adjustment Act of 1998 Oct. 30, 1998 3002 105–318 Identity Theft and Assumption Deterrence Act of 1998 Oct. 30, 1998 3007 105–319 Irish Peace Process Cultural and Training Program Act of 1998 Oct. 30, 1998 3013 105–320 Torture Victims Relief Act of 1998 Oct. 30, 1998 3016 105–321 Oregon Public Lands Transfer and Protection Act of 1998 Oct. 30, 1998 3020 105–322 To authorize the Secretary of the Interior to provide financial assistance to the State of Maryland for a pilot program to develop measures to eradicate or control nutria and restore marshland damaged by nutria Oct. 30, 1998 3027 105–323 To amend the State Department Basic Authorities Act of 1956 to provide rewards for information leading to the arrest or conviction of any individual for the commission of an act, or conspiracy to act, of international terrorism, narcotics related offenses, or for serious violations of international humanitarian law relating to the Former Yugoslavia, and for other purposes Oct. 30, 1998 3029 105–324 Antimicrobial Regulation Technical Corrections Act of 1998 Oct. 30, 1998 3035 105–325 National Cave and Karst Research Institute Act of 1998 Oct. 30, 1998 3038 105–326 Dutch John Federal Property Disposition and Assistance Act of 1998 Oct. 30, 1998 3040 105–327 To amend the Land and Water Conservation Fund Act of 1965 to allow national park units that cannot charge an entrance or admission fee to retain other fees and charges Oct. 30, 1998 3055 105–328 Fish and Wildlife Revenue Enhancement Act of 1998 Oct. 30, 1998 3057 105–329 Arches National Park Expansion Act of 1998 Oct. 30, 1998 3060 105–330 To implement the provisions of the Trademark Law Treaty Implementation Act Oct. 30, 1998 3064 105–331 Thomas Alva Edison Commemorative Coin Act Oct. 31, 1998 3073 105–332 Carl D. Perkins Vocational and Applied Technology Education Amendments of 1998 Oct. 31, 1998 3076 105–333 ANCSA Land Bank Protection Act of 1998 Oct. 31, 1998 3129 105–334 Drive for Teen Employment Act Oct. 31, 1998 3137 105–335 Utah Schools and Lands Exchange Act of 1998 Oct. 31, 1998 3139 105–336 William F. Goodling Child Nutrition Reauthorization Act of 1998 Oct. 31, 1998 3143 105–337 Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 Oct. 31, 1998 3171 105–338 Iraq Liberation Act of 1998 Oct. 31, 1998 3178 105–339 Veterans Employment Opportunities Act of 1998 Oct. 31, 1998 3182 105–340 Women’s Health Research and Prevention Amendments of 1998 Oct. 31, 1998 3191 105–341 Women’s Progress Commemoration Act Oct. 31, 1998 3196 105–342 Adams National Historical Park Act of 1998 Nov. 2, 1998 3200 105–343 To amend the Act which established the Frederick Law Olmsted National Historic Site, in the Commonwealth of Massachusetts, by modifying the boundary, and for other purposes Nov. 2, 1998 3203 105–344 Prohibiting the conveyance of Woodland Lake Park tract in Apache-Sitgreaves National Forest in the State of Arizona unless the conveyance is made to the town of Pinetop-Lakeside or is authorized by Act of Congress Nov. 2, 1998 3204 105–345 To amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the legislative authority for the Black Patriots Foundation to establish a commemorative work Nov. 2, 1998 3205 105–346 To direct the Secretary of the Interior to convey title to the Tunnison Lab Hagerman Field Station in Gooding County, Idaho, to the University of Idaho Nov. 2, 1998 3206 105–347 Consumer Reporting Employment Clarification Act of 1998 Nov. 2, 1998 3208 105–348 Granting the consent of Congress to the Potomac Highlands Airport Authority Compact entered into between the States of Maryland and West Virginia Nov. 2, 1998 3212 105–349 Recognizing the accomplishments of Inspectors General since their creation in 1978 in preventing and detecting waste, fraud, abuse, and mismanagement, and in promoting economy, efficiency, and effectiveness in the Federal Government Nov. 2, 1998 3216 105–350 Appointing the day for the convening of the first session of the One Hundred Sixth Congress Nov. 3, 1998 3218 105–351 To authorize the Secretary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation District, and for other purposes Nov. 3, 1998 3219 105–352 Fall River Water Users District Rural Water System Act of 1998 Nov. 3, 1998 3222 105–353 Securities Litigation Uniform Standards Act of 1998 Nov. 3, 1998 3227 105–354 To codify without substantive change laws related to Patriotic and National Observances, Ceremonies, and Organizations and to improve the United States Code Nov. 3, 1998 3238 105–355 To authorize the Automobile National Heritage Area in the State of Michigan, and for other purposes Nov. 6, 1998 3247 105–356 To establish the Little Rock Central High School National Historic Site in the State of Arkansas, and for other purposes Nov. 6, 1998 3268 105–357 Controlled Substances Trafficking Prohibition Act Nov. 10, 1998 3271 105–358 United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999 Nov. 10, 1998 3272 105–359 To require the Secretary of Agriculture and the Secretary of the Interior to conduct a study to improve the access for persons with disabilities to outdoor recreational opportunities made available to the public Nov. 10, 1998 3275 105–360 To extend into fiscal year 1999 the visa processing period for diversity applicants whose visa processing was suspended during fiscal year 1998 due to embassy bombings Nov. 10, 1998 3276 105–361 Native American Programs Act Amendments of 1998 Nov. 10, 1998 3278 105–362 Federal Reports Elimination Act of 1998 Nov. 10, 1998 3280 105–363 To amend the Weir Farm National Historic Site Establishment Act of 1990 to authorize the acquisition of additional acreage for the historic site to permit the development of visitor and administrative facilities and to authorize the appropriation of additional amounts for the acquisition of real and personal property, and for other purposes Nov. 10, 1998 3296 105–364 To provide for the acquisition of lands formerly occupied by the Franklin D. Roosevelt family at Hyde Park, New York, and for other purposes Nov. 10, 1998 3300 105–365 Grant-Kohrs Ranch National Historic Site Boundary Adjustment Act of 1998 Nov. 10, 1998 3301 105–366 International Anti-Bribery and Fair Competition Act of 1998 Nov. 10, 1998 3302 105–367 To protect the sanctity of contracts and leases entered into by surface patent holders with respect to coalbed methane gas Nov. 10, 1998 3313 105–368 Veterans Programs Enhancement Act of 1998 Nov. 11, 1998 3315 105–369 Ricky Ray Hemophilia Relief Fund Act of 1998 Nov. 12, 1998 3368 105–370 Correction Officers Health and Safety Act of 1998 Nov. 12, 1998 3374 105–371 To authorize and request the President to award the congressional Medal of Honor posthumously to Theodore Roosevelt for his gallant and heroic actions in the attack on San Juan Heights, Cuba, during the Spanish-American War Nov. 12, 1998 3376 105–372 Salton Sea Reclamation Act of 1998 Nov. 12, 1998 3377 105–373 To make available to the Ukrainian Museum and Archives the USIA television program “Window on America” Nov. 12, 1998 3382 105–374 To amend title 28, United States Code, with respect to the enforcement of child custody and visitation orders Nov. 12, 1998 3383 105–375 To amend the State Department Basic Authorities Act of 1956 to require the Secretary of State to submit an annual report to Congress concerning diplomatic immunity Nov. 12, 1998 3385 105–376 Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 Nov. 12, 1998 3388 105–377 Granting the consent and approval of Congress to an interstate forest fire protection compact Nov. 12, 1998 3391 105–378 To establish the Lower East Side Tenement National Historic Site, and for other purposes Nov. 12, 1998 3395 105–379 To amend the Food Stamp Act of 1977 to require food stamp State agencies to take certain actions to ensure that food stamp coupons are not issued for deceased individuals, to require the Secretary of Agriculture to conduct a study of options for the design, development, implementation, and operation of a national database to track participation in Federal meanstested public assistance programs, and for other purposes Nov. 12, 1998 3399 105–380 Hawaii Volcanoes National Park Adjustment Act of 1998 Nov. 12, 1998 3401 105–381 Granting the consent of Congress to the Pacific Northwest Emergency Management Arrangement Nov. 12, 1998 3402 105–382 Department of State Special Agents Retirement Act of 1998 Nov. 13, 1998 3406 105–383 Coast Guard Authorization Act of 1998 Nov. 13, 1998 3411 105–384 To approve a governing international fishery agreement between the United States and the Republic of Poland, and for other purposes Nov. 13, 1998 3451 105–385 Africa: Seeds of Hope Act of 1998 Nov. 13, 1998 3460 105–386 To throttle criminal use of guns Nov. 13, 1998 3469 105–387 Mississippi Sioux Tribes Judgment Fund Distribution Act of 1998 Nov. 13, 1998 3471 105–388 Energy Conservation Reauthorization Act of 1998 Nov. 13, 1998 3477 105–389 Centennial of Flight Commemoration Act Nov. 13, 1998 3486 105–390 Police, Fire, and Emergency Officers Educational Assistance Act of 1998 Nov. 13, 1998 3495 105–391 National Parks Omnibus Management Act of 1998 Nov. 13, 1998 3497 105–392 Health Professions Education Partnerships Act of 1998 Nov. 13, 1998 3524 105–393 Economic Development Administration and Appalachian Regional Development Reform Act of 1998 Nov. 13, 1998 3596 105–394 Assistive Technology Act of 1998 Nov. 13, 1998 3627 LIST OF BILLS ENACTED INTO PRIVATE LAW THE ONE HUNDRED FIFTH CONGRESS OF THE UNITED STATES SECOND SESSION, 1999 BILL PRIVATE LAW H.R. 378 105–5 H.R. 379 105–6 H.R. 1794 105–7 H.R. 1834 105–8 H.R. 1949 105–9 H.R. 2744 105–10 LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME PRIVATE LAW DATE PAGE 105–5 For the relief of Heraclio Tolley Nov. 10, 19983665 105–6 For the relief of Lany Errol Pieterse Nov. 10, 19983666 105–7 For the relief of Mai Hoa “Jasmin” Salehi Nov. 10, 19983667 105–8 For the relief of Mercedes Del Carmen Quiroz Martinez Cruz Nov. 10, 19983668 105–9 For the relief of Nuratu Olarewaju Abeke Kadiri Nov. 10, 19983669 105–10 For the relief of Chong Ho Kwak Nov. 10, 19983670 LIST OF CONCURRENT RESOLUTIONS CONTAINED IN THIS VOLUME CONCURRENT RESOLUTION DATE PAGE H. Con. Res. 201 Adjournment—House of Representatives and Senate Jan. 27, 1998 3673 H. Con. Res. 206 Days of remembrance of victims of the Holocaust commemoration ceremony—Capitol rotunda authorization Mar. 18, 1998 3673 H. Con. Res. 238 Breast cancer survivors event—Capitol grounds authorization Mar. 18, 1998 3674 H. Con. Res. 257 Adjournment—House of Representatives and Senate Apr. 1, 1998 3674 S. Con. Res. 87 Enrollment corrections—S. 419 Apr. 1, 1998 3675 S. Con. Res. 37 Little League Baseball Incorporated—Recognition Apr. 28, 1998 3675 H. Con. Res. 265 John F. Kennedy Center for the Performing Arts—Capitol grounds authorization May 8, 1998 3676 H. Con. Res. 255 Soap box derby races—Capitol grounds authorization May 13, 1998 3677 H. Con. Res. 262 1998 Special Olympics torch run—Capitol grounds authorization May 13, 1998 3678 H. Con. Res. 263 National Peace Officers’ Memorial Service—Capitol grounds authorization May 13, 1998 3679 H. Con. Res. 171 National Emergency Medical Services Memorial Service—Official site designation May 21, 1998 3680 S. Con. Res. 98 Adjournment—Senate and House of Representatives May 22, 1998 3681 S. Con. Res. 99 POW/MIA flag—Capitol display May 22, 1998 3681 S. Con. Res. 102 Disabled American Veterans event—Capitol grounds authorization June 11, 1998 3681 H. Con. Res. 75 Violent criminals—Mandatory minimum prison terms June 15, 1998 3682 H. Con. Res. 297 Adjournment—House of Representatives and Senate June 25, 1998 3683 H. Con. Res. 298 Florida wild land fires—Condolences July 23, 1998 3684 H. Con. Res. 310 John Michael Gibson and Jacob Joseph Chestnut memorial service—Capitol rotunda authorization July 27, 1998 3685 H. Con. Res. 311 John Michael Gibson and Jacob Joseph Chestnut—Commendation July 27, 1998 3686 S. Con. Res. 112 Eulogies for John Michael Gibson and Jacob Joseph Chestnut—Senate print July 27, 1998 3687 S. Con. Res. 114 Adjournment—Senate and House of Representatives July 31, 1998 3688 S. Con. Res. 105 Slobodan Milosevic—War crimes, crimes against humanity, and genocide Sept. 14, 1998 3688 S. Con. Res. 115 “The United States Capitol”—Senate print Sept. 14, 1998 3690 H. Con. Res. 326 Ceremony for Nelson Rolihlahla Mandela—Capitol rotunda authorization Sept. 22, 1998 3691 H. Con. Res. 214 Bristol, Tennesee and Virginia—Birthplace of country music Oct. 12, 1998 3691 S. Con. Res. 83 Death of George Washington—Two hundreth anniversary Oct. 15, 1998 3692 S. Con. Res. 120 Eney, Chestnut, Gibson Memorial Building—Designation Oct. 15, 1998 3693 H. Con. Res. 185 Universal Declaration of Human Rights—Fiftieth anniversay Oct. 21, 1998 3693 H. Con. Res. 224 Child abduction—International cooperation Oct. 21, 1998 3694 H. Con. Res. 254 Joanne Chesimard and other fugitives—Return from Cuba Oct. 21, 1998 3695 H. Con. Res. 277 New Tribes Mission—Hostage crisis Oct. 21, 1998 3696 H. Con. Res. 351 Enrollment correction—H.R. 3910 Oct. 21, 1998 3698 H. Con. Res. 352 Enrollment corrections—H.R. 3461 Oct. 21, 1998 3699 H. Con. Res. 353 Adjournment—House of Representatives and Senate Oct. 21, 1998 3699 LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME PROCLAMATION DATE PAGE 7051 National Great American Smokeout Day, 1997 Nov. 20, 1997 3703 7052 Thanksgiving Day, 1997 Nov. 21, 1997 3704 7053 National Farm-City Week, 1997 Nov. 21, 1997 3705 7054 National Family Week, 1997 Nov. 21, 1997 3706 7055 National Family Caregivers Week, 1997 Nov. 22, 1997 3707 7056 World AIDS Day, 1997 Dec. 1, 1997 3708 7057 National Drunk And Drugged Driving Prevention Month, 1997 Dec. 1, 1997 3710 7058 National Pearl Harbor Remembrance Day, 1997 Dec. 5, 1997 3711 7059 Human Rights Day, Bill of Rights Day, and Human Rights Week, 1997 Dec. 9, 1997 3712 7060 Suspension of Entry as Immigrants and Non-immigrants of Persons Who Are Senior Officials of the National Union for the Total Independence of Angola (“UNITA”) and Adult Members of Their Immediate Families Dec. 12, 1997 3714 7061 Wright Brothers Day, 1997 Dec. 16, 1997 3715 7062 Suspension of Entry as Immigrants and Non-immigrants of Persons Who Are Members of the Military Junta in Sierra Leone and Members of Their Families Jan. 14, 1998 3716 7063 Religious Freedom Day, 1998 Jan. 15, 1998 3717 7064 Martin Luther King, Jr., Federal Holiday, 1998 Jan. 16, 1998 3718 7065 Year of the Ocean, 1998 Jan. 28, 1998 3719 7066 American Heart Month, 1998 Jan. 30, 1998 3720 7067 National African American History Month, 1998 Jan. 30, 1998 3722 7068 Save Your Vision Week, 1998 Feb. 26, 1998 3723 7069 American Red Cross Month, 1998 Feb. 27, 1998 3724 7070 Irish-American Heritage Month, 1998 Feb. 27, 1998 3725 7071 Women’s History Month, 1998 Mar. 2, 1998 3726 7072 National Older Workers Employment Week, 1998 Mar. 5, 1998 3728 7073 National Poison Prevention Week, 1998 Mar. 12, 1998 3729 7074 Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 1998 Mar. 12, 1998 3730 7075 Cancer Control Month, 1998 Mar. 31, 1998 3731 7076 National Child Abuse Prevention Month, 1998 Apr. 1, 1998 3732 7077 National Equal Pay Day, 1998 Apr. 2, 1998 3733 7078 Education and Sharing Day, U.S.A., 1998 Apr. 7, 1998 3735 7079 National Former Prisoner of War Recognition Day, 1998 Apr. 9, 1998 3736 7080 National D.A.R .E. Day, 1998 Apr. 9, 1998 3737 7081 Pan American Day and Pan American Week, 1998 Apr. 10, 1998 3738 7082 National Recall Round-Up Day, 1998 Apr. 15, 1998 3739 7083 National Organ and Tissue Donor Awareness Week, 1998 Apr. 17, 1998 3740 7084 National Crime Victims’ Rights Week, 1998 Apr. 20, 1998 3741 7085 National Volunteer Week, 1998 Apr. 21, 1998 3742 7086 National Park Week, 1998 Apr. 22, 1998 3744 7087 Jewish Heritage Week, 1998 Apr. 24, 1998 3745 7088 National Day of Prayer, 1998 Apr. 29, 1998 3746 7089 Asian/Pacific American Heritage Month, 1998 Apr. 30, 1998 3747 7090 Law Day, U.SA., 1998 May 1, 1998 3748 7091 Loyalty Day, 1998 May 1, 1998 3749 7092 Older Americans Month, 1998 May 4, 1998 3750 7093 Mother’s Day, 1998 May 7, 1998 3751 7094 National Defense Transportation Day and National Transportation Week, 1998 May 8, 1998 3752 7095 Peace Officers Memorial Day and Police Week, 1998 May 12, 1998 3754 7096 National Safe Boating Week, 1998 May 14, 1998 3755 7097 World Trade Week, 1998 May 15, 1998 3756 7098 National Maritime Day, 1998 May 21, 1998 3757 7099 Prayer for Peace, Memorial Day, 1998 May 22, 1998 3758 7100 Death of Barry M. Goldwater May 29, 1998 3760 7101 National Alternative Fuels Week, 1998 May 29, 1998 3760 7102 Small Business Week, 1998 May 29, 1998 3761 7103 To Facilitate Positive Adjustment to Competition From Imports of Wheat Gluten May 30, 1998 3762 7104 National Homeownership Week, 1998 June 5, 1998 3765 7105 Flag Day and National Flag Week, 1998 June 12, 1998 3766 7106 Father’s Day, 1998 June 17, 1998 3768 7107 To Modify Duty-Free Treatment Under the Generalized System of Preferences June 30, 1998 3768 7108 50th Anniversary of the Integration of the Armed Services, 1998 July 13, 1998 3778 7109 Captive Nations Week, 1998 July 20, 1998 3779 7110 National Korean War Veterans Armistice Day, 1998 July 24, 1998 3780 7111 Parents’ Day, 1998 July 24, 1998 3781 7112 Designation of American Heritage Rivers July 30, 1998 3782 7113 To Implement an Accelerated Schedule of Duty Elimination Under the North American Free Trade Agreement July 31, 1998 3784 7114 Designating Klondike Gold Rush International Historical Park Aug. 5, 1998 3788 7115 Victims of the Bombing Incidents in Africa Aug. 7, 1998 3789 7116 Women’s Equality Day, 1998 Aug. 20, 1998 3790 7117 Death of Lewis F. Powell, Jr. Aug. 25, 1998 3791 7118 America Goes Back to School, 1998 Sept. 9, 1998 3792 7119 Minority Enterprise Development Week, 1998 Sept. 10, 1998 3793 7120 Ovarian Cancer Awareness Week, 1998 Sept. 12, 1998 3795 7121 National Hispanic Heritage Month, 1998 Sept. 15, 1998 3796 7122 National Historically Black Colleges and Universities Week, 1998 Sept. 15, 1998 3797 7123 Citizenship Day and Constitution Week, 1998 Sept. 16, 1998 3798 7124 National POW/MIA Recognition Day, 1998 Sept. 17, 1998 3799 7125 To Modify Certain Provisions of the Special Textile and Apparel Regime Implemented Under the North American Free Trade Agreement Sept. 18, 1998 3801 7126 National Farm Safety and Health Week, 1998 Sept. 18, 1998 3804 7127 Gold Star Mother’s Day, 1998 Sept. 25, 1998 3805 7128 National Disability Employment Awareness Month, 1998 Sept. 29, 1998 3806 7129 National Domestic Violence Awareness Month, 1998 Sept. 30, 1998 3807 7130 National Breast Cancer Awareness Month, 1998 Oct. 1, 1998 3808 7131 Fire Prevention Week, 1998 Oct. 2, 1998 3810 7132 Child Health Day, 1998 Oct. 5, 1998 3811 7133 German-American Day, 1998 Oct. 5, 1998 3812 7134 National Day of Concern About Young People and Gun Violence, 1998 Oct. 7, 1998 3813 7135 Leif Erikson Day, 1998 Oct. 8, 1998 3814 7136 Columbus Day, 1998 Oct. 9, 1998 3815 7137 National School Lunch Week, 1998 Oct. 9, 1998 3816 7138 General Pulaski Memorial Day, 1998 Oct. 9, 1998 3817 7139 National Children’s Day, 1998 Oct. 9, 1998 3818 7140 White Cane Safety Day, 1998 Oct. 15, 1998 3819 7141 National Character Counts Week, 1998 Oct. 16, 1998 3821 7142 National Forest Products Week, 1998 Oct. 16, 1998 3822 PUBLIC LAWS (CONTINUED) Public Law 105–277: Making omnibus consolidated and emergency appropriations for the fiscal year ending September 30, 1999, and for other purposes. Public Law277 Public Law 105–277112 Stat. 2681 1998-10-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-04-15 105public 112 STAT. 2681 *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. 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.Oct. 21, 1998[[H.R. 4328](/us/bill/105/hr/4328)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,*Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999. 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: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes.Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999. TITLE I AGRICULTURAL PROGRAMS Production, Processing, and Marketing Office of the Secretary (including transfers of funds) 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 104–127.112 STAT. 2681–1 Executive Operations chief economist 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. national appeals division 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 (including transfers of funds) 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 112 STAT. 2681–2to 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 (including transfers of funds) 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 (including transfers of funds) 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. outreach for socially disadvantaged farmers 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.112 STAT. 2681–3 Office of the Assistant Secretary for Congressional Relations (including transfers of funds) 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 (including transfers of funds) 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 [7 USC 2270a](/us/usc/t7/s2270/a).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, $29,194,000.112 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 (including transfer of funds) 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 (including transfers of funds) 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 percent of 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,*[7 USC 2254](/us/usc/t7/s2254). That appropriations hereunder shall be available for the 112 STAT. 2681–5operation 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 tor 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 research and education activities 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 112 STAT. 2681–6payments 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 112 STAT. 2681–7teaching 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 salaries and expenses (including transfers of funds) 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 112 STAT. 2681–8administer 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[21 USC 129](/us/usc/t21/s129). 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 marketing services 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 $90,000 112 STAT. 2681–9for 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). limitation on administrative expenses 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 for strengthening markets, income, and supply (section 32) (including transfers of funds) 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. payments to states and possessions 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 salaries and expenses 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.112 STAT. 2681–10 limitation on inspection and weighing services expenses 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. office of the under secretary for food safety 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 salaries and expenses (including transfers of funds) 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 112 STAT. 2681–11pursuant 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. state mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987 (7 U.S.C. 5101–5106), $2,000,000. dairy indemnity program (including transfers of funds) 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. agricultural credit insurance fund program account (including transfers of funds) 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 112 STAT. 2681–12unsubsidized 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. federal crop insurance corporation fund 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 reimbursement for net realized losses 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). operations and maintenance for hazardous waste management 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.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 conservation operations 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).112 STAT. 2681–14 watershed surveys and planning 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. watershed and flood prevention operations 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. resource conservation and development 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. forestry incentives program 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.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. rural community advancement program (including transfers of funds) 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 3810 of the Consolidated Farm and Rural Development Act (7 U.S.C. 20090, $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 rural housing insurance fund program account (including transfers of funds) 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 112 STAT. 2681–16for unsubsidized guaranteed loans; $25,001,000 for section 504 housing repair loans; $100,000,000 for section 538 guaranteed multifamily 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 multifamily 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”. rental assistance program 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. mutual and self-help housing grants 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 112 STAT. 2681–17103–66: *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. rural housing assistance grants 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. salaries and expenses 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 rural development loan fund program account (including transfers of funds) 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”.112 STAT. 2681–18 rural economic development loans program account (including transfers of funds) 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. rural cooperative development grants 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. salaries and expenses 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 rural electrification and telecommunications loans program account (including transfers of funds) 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; 5 112 STAT. 2681–19percent 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”. rural telephone bank program account (including transfers of funds) 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”. distance learning and telemedicine program 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. salaries and expenses 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. 3109.112 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 child nutrition programs (including transfers of funds) 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)). special supplemental nutrition program for women, infants, and children
(wic)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 112 STAT. 2681–21purchase 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. food stamp program 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. food donations programs for selected groups 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. 3109.112 STAT. 2681–22 TITLE V FOREIGN ASSISTANCE AND RELATED PROGRAMS Foreign Agricultural Service and General Sales Manager (including transfers of funds) 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. public law 480 program and grant accounts (including transfers of funds) 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 transferred to and merged with the appropriation for “Foreign Agricultural Service and General Sales Manager” and $815,000 may be transferred 112 STAT. 2681–23to and merged with the appropriation for “Farm Service Agency, Salaries and Expenses”. commodity credit corporation export loans program account (including transfers of funds) 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 salaries and expenses 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 Office of Regulatory Affairs;
(3)$125,095,000 shall be for the Center for Biologies Evaluation and Research and for related field activities in the Office 112 STAT. 2681–24of 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. buildings and facilities 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 payments to the farm credit system financial assistance corporation 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 112 STAT. 2681–25Commission 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 limitation of administrative expenses 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.[7 USC 1623a](/us/usc/t7/s1623/a). 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.[7 USC 2209b](/us/usc/t7/s2209/b). New obligations 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.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,[7 USC 612c note](/us/usc/t7/s612/c). 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; 112 STAT. 2681–27and 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.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 112 STAT. 2681–29on 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.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[7 USC 2279 note](/us/usc/t7/s2279). 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; and112 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.[7 USC 2279d](/us/usc/t7/s2279/d). 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, 112 STAT. 2681–32Mississippi, 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[7 USC 1622 note](/us/usc/t7/s1622). 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 sea.), 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)[7 USC 1508 note](/us/usc/t7/s1508). 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[7 USC 1762 note](/us/usc/t7/s1762). 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”[16 USC 3837d](/us/usc/t16/s3837/d). the following “or 30-year”. Sec. 752. Section 1237(b)(2) of subchapter C of the Food Security[16 USC 3837](/us/usc/t16/s3837). 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, 112 STAT. 2681–33Extension, 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(0(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)Effective date.[7 USC 343 note](/us/usc/t7/s343). 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 112 STAT. 2681–34year 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[15 USC 714b](/us/usc/t15/s714/b). $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 112 STAT. 2681–35administered 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 112 STAT. 2681–36the 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[42 USC 7671c](/us/usc/t42/s7671/c). 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 112 STAT. 2681–37compliance 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)[42 USC 7671c](/us/usc/t42/s7671/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.[16 USC 590h note](/us/usc/t16/s590/h). 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; and112 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: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”;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 ACTIndia Pakistan Relief Act of 1998.[22 USC 2799aa–1 note](/us/usc/t22/s2799). 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[22 USC 2799aa–1 note](/us/usc/t22/s2799). 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 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[22 USC 2799aa–1 note](/us/usc/t22/s2799). provided in section 902, the President shall consult with the appropriate congressional committees. Sec. 904. Reporting Requirement. Not later than 30 days[22 USC 2799aa–1 note](/us/usc/t22/s2799). prior to the expiration of a one-year period described in section 112 STAT. 2681–41902, 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.[22 USC 2799aa–1 note](/us/usc/t22/s2799). 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)[7 USC 6918](/us/usc/t7/s6918). 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.[7 USC 7005](/us/usc/t7/s7005). 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) 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 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)—7 USC 7014.
(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.[7 USC 1421 note](/us/usc/t7/s1421).
(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);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.[7 USC 1421 note](/us/usc/t7/s1421). 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.—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.[7 USC 1421 note](/us/usc/t7/s1421). 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.[7 USC 1421 note](/us/usc/t7/s1421).
(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.[7 USC 1421 note](/us/usc/t7/s1421).
(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 112 STAT. 2681–45to 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.[7 USC 1421 note](/us/usc/t7/s1421). 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.[7 USC 1421 note](/us/usc/t7/s1421). 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.[7 USC 1421 note](/us/usc/t7/s1421). 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—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.[7 USC 1421 note](/us/usc/t7/s1421). 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.[7 USC 1421 note](/us/usc/t7/s1421).
(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.[7 USC 229a](/us/usc/t7/s229/a). “(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 112 STAT. 2681–47on 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.[7 USC 1421 note](/us/usc/t7/s1421). 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.[7 USC 1421 note](/us/usc/t7/s1421). 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.[7 USC 1421 note](/us/usc/t7/s1421). 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.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.[42 USC 13220](/us/usc/t42/s13220). “(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—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 salaries and expenses 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. agricultural credit insurance fund program account 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 dairy production disaster assistance program 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.112 STAT. 2681–50 Natural Resources Conservation Service Forestry Incentives Program 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: " AN ACT Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1999, and for other purposes.Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999.Department of Justice Appropriations Act, 1999. " 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 112 STAT. 2681–51further, 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. counterterrorism fund For necessary expenses, as determined by the Attorney General, $10,000,000, to remain available until expended, to reimburse any Department of Justice organization for
(1)the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as a result of any domestic or international terrorist incident;
(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. 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, $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 112 STAT. 2681–52certificate 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.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. salaries and expenses, united states attorneys 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.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. salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by 5 U.S.C. 3109, $1,227,000. 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 policetype 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. construction For planning, constructing, renovating, equipping, and maintaining United States Marshals Service prisoner-holding space in United States courthouses and federal buildings, including the renovation and expansion of prisoner movement areas, elevators, and sallyports, $4,600,000, to remain available until expended. justice prisoner and alien transportation system fund, united states marshals service There is hereby established a Justice Prisoner and Alien[18 USC 4013 note](/us/usc/t18/s4013). 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: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.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 salaries and expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States; including purchase for police-type use of not to exceed 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 112 STAT. 2681–57equipment 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. construction For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of projects; $1,287,000, to remain available until expended. Drug Enforcement Administration salaries and expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; purchase of not to exceed 1,428 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. construction For necessary expenses to construct or acquire buildings and sites by purchase, or as otherwise authorized by law (including equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of projects; $8,000,000, to remain available until expended.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 112 STAT. 2681–59may 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 salaries and expenses For expenses necessary for the administration, operation, and maintenance of Federal penal and correctional institutions, 112 STAT. 2681–60including 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[42 USC 250a](/us/usc/t42/s250/a). 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. buildings and facilities For planning, acquisition of sites and construction of new facilities; leasing the Oklahoma City Airport Trust Facility; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $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. federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and 112 STAT. 2681–61borrowing authority available, and in accord with the law, and to make such contracts and commitments, without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replacement only) and hire of passenger motor vehicles. limitation on administrative expenses, federal prison industries, incorporated Not to exceed $3,266,000 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) 112 STAT. 2681–62authorized 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, 112 STAT. 2681–63and $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. weed and seed program fund For necessary expenses, including salaries and related expenses of the Executive Office for Weed and Seed, to implement “Weed and Seed” program activities, $33,500,000 to remain available until expended, for 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 des112 STAT. 2681–64ignated 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 violent crime reduction programs 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. juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, (“the Act”), including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance, $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 112 STAT. 2681–65provision 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 112 STAT. 2681–66of 1990, as amended, $7,000,000, to remain available until expended, as authorized by section 214B of the Act. public safety officers benefits To remain available until expended, for payments authorized by part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as are necessary, as authorized by section 6093 of Public Law 100–690 (102 Stat. 4339–4340). General Provisions—Department of Justice Sec. 101. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses in accordance with distributions, procedures, and regulations established by the Attorney General. Sec. 102. Authorities contained in the Department of Justice Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96–132; 93 Stat. 1040 (1979)), as amended, shall remain in effect until the termination date of this Act or until the effective date of a Department of Justice Appropriation Authorization Act, whichever is earlier. Sec. 103. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: *Provided,* That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. Sec. 104. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. Sec. 105. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: *Provided,* That nothing in this section in any way diminishes the effect of section 104 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. Sec. 106. Notwithstanding any other provision of law, not[18 USC 3059 note](/us/usc/t18/s3059). 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 112 STAT. 2681–67as 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.[18 USC 4043 note](/us/usc/t18/s4043). 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 112 STAT. 2681–68tribe (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”;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 mat 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 112 STAT. 2681–70not 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[18 USC 923 note](/us/usc/t18/s923). 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[18 USC 921 note](/us/usc/t18/s921). 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 or Justice of the Department of Justice, in consultation with the Director of the Bureau of Justice 112 STAT. 2681–71Assistance 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)[42 USC 3760 note](/us/usc/t42/s3760). 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. firearms 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(3)(26)));”; and "
(4)by inserting after subsection
(x)the following: " “(y) Provisions Relating to Aliens Admitted Under Non-Immigrant 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)).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”;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.[28 USC 534 note](/us/usc/t28/s534). (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.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[5 USC 5724a note](/us/usc/t5/s5724/a). 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, 112 STAT. 2681–75unless 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 112 STAT. 2681–76amended 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 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 112 STAT. 2681–77the 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 Appropriations Act, 1999.DEPARTMENT OF COMMERCE AND RELATED AGENCIES Trade and Infrastructure Development RELATED AGENCIES Office of the United States Trade Representative salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $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 112 STAT. 2681–783703; 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.. 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.. 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.. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act shall include payment for assessments for services provided as part of these activities. Export Administration operations and administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services abroad; 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 112 STAT. 2681–79related 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.. 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 economic development assistance programs 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 1977.112 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,*[47 USC 903 note](/us/usc/t47/s903). That hereafter, notwithstanding any other provision of law, NTIA shall not authorize spectrum use or provide any spectrum 112 STAT. 2681–81functions 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. public telecommunications facilities, planning and construction 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.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.. 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 under secretary for technology/office of technology policy salaries and expenses 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 scientific and technical research and services For necessary expenses of the National Institute of Standards and Technology, $280,136,000, to remain available until expended, 112 STAT. 2681–83of 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, [15 USC 278k note](/us/usc/t15/s278/k).$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 (including transfers of funds) For necessary expenses of activities authorized by law for the [33 USC 851](/us/usc/t33/s851).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 112 STAT. 2681–84the 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 (including transfers of funds) 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. coastal zone management fund Of amounts collected pursuant to section 308 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act.112 STAT. 2681–85 fishermen’s contingency fund For carrying out the provisions of title IV of Public Law 95–372, not to exceed $953,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. foreign fishing observer fund For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96–339), the Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended (Public Law 100–627), and the American Fisheries Promotion Act (Public Law 96–561), to be derived from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $189,000, to remain available until expended. fisheries finance program account For the cost of direct loans, $338,000, as authorized by the Merchant Marine Act of 1936, as amended: *Provided,* That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: *Provided further,* That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery. General Administration salaries and expenses For expenses necessary for the general administration of the Department of Commerce provided for by law, including not to exceed $3,000 for official entertainment, $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 salaries and expenses (rescission) 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 112 STAT. 2681–86only 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.. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.. 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[13 USC 23 note](/us/usc/t13/s23). 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 112 STAT. 2681–87for 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 [31 USC 501 note](/us/usc/t31/s501).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.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 rulesRegulations. 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 112 STAT. 2681–89facility: *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 Appropriations Act, 1999.THE JUDICIARY Supreme Court of the United States salaries and expenses For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $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 5 112 STAT. 2681–90U.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).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 salaries and expenses 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 payment to judiciary trust 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), 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(1), $2,000,000. United States Sentencing Commission salaries and expenses For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $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 AGENCIESDepartment of State and Related Agencies Appropriations Act, 1999. 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 112 STAT. 2681–9322 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[8 USC 1351 note](/us/usc/t8/s1351). 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.112 STAT. 2681–94 office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980, as amended (Public Law 96–465), as it relates to post inspections. 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. security and maintenance of united states missions For necessary expenses for carrying out the Foreign Service Buildings Act of 1926, as amended (22 U.S.C. 292–300), preserving, maintaining, repairing, and planning for, buildings that are owned or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Main State Building, and carrying out the Diplomatic Security Construction Program as authorized by title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851), $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.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[22 USC 269a note](/us/usc/t22/s269/a). 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 112 STAT. 2681–96the 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. arrearage payments 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.112 STAT. 2681–97 International Commissions [22 USC 269a note](/us/usc/t22/s269/a).For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: international boundary and water commission, united states and mexico For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows: salaries and expenses For salaries and expenses, not otherwise provided for, $19,551,000. construction For detailed plan preparation and construction of authorized projects, $5,939,000, to remain available until expended, as authorized by section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)). american sections, international commissions For necessary expenses, not otherwise provided for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the Border Environment Cooperation Commission as authorized by Public Law 103–182, $5,733,000, of which not to exceed $9,000 shall be available for representation expenses incurred by the International Joint Commission. international fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $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)).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. educational and cultural exchange programs For expenses of educational and cultural exchange programs, as authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (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 112 STAT. 2681–99Exchange 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. eisenhower exchange fellowship program trust fund For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 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 Nonprofit Organizations), including the restrictions on compensation for personal services. israeli arab scholarship program For necessary expenses of the Israeli Arab Scholarship Program as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 1999, to remain available until expended. international broadcasting operations 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. broadcasting to cuba 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 112 STAT. 2681–100Broadcasting 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. radio construction 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)). east-west center 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. north/south center 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 112 STAT. 2681–101appropriations, 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); and112 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 effectEffective date.[5 USC 5542 note](/us/usc/t5/s5542). 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[28 USC 2669–1](/us/usc/t28/s2669). 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 112 STAT. 2681–103the 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.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. maritime guaranteed loan (title xi) program account For the cost of guaranteed loans, as authorized by the Merchant Marine Act, 1936, $6,000,000, to remain available until expended: *Provided,* That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: *Provided further,* That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,000,000,000. In addition, for administrative expenses to carry out the guaranteed loan program, not to exceed $3,725,000, 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 112 STAT. 2681–105Act, 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.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 112 STAT. 2681–107offsetting 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 payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as amended, $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 salaries and expenses 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 112 STAT. 2681–108reception 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 salaries and expenses 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 112 STAT. 2681–109arts 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 112 STAT. 2681–110transferred 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. surety bond guarantees revolving fund 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. administrative provision—small business administration Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: *Provided,* That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. State Justice Institute salaries and expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)), $6,850,000, to remain available until expended: *Provided,* That not to exceed $2,500 shall be available for official reception and representation expenses. TITLE VI—GENERAL PROVISIONS Sec. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 602. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available 112 STAT. 2681–111for 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 112 STAT. 2681–112inscription 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.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 112 STAT. 2681–114insurance 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 fist of aliens refused entry to the United States as a result of this provision.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”.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 sectionEffective date.[28 USC 118 note](/us/usc/t28/s118). 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 112 STAT. 2681–117Systems 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. time limitation on funding 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 (rescission) Of the unobligated balances available under this heading on September 30, 1998, $99,000,000 are rescinded. Legal Activities asset forfeiture fund (rescission) Of the unobligated balances available under this heading, $2,000,000 are rescinded. Federal Bureau of Investigation (rescissions) 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; and112 STAT. 2681–118 “Violent Crime Reduction Program, 1997”, $300,000. Immigration and Naturalization Service immigration emergency fund (rescission) Of the unobligated balances available under this heading, $5,000,000 are rescinded. DEPARTMENT OF COMMERCE (rescissions) 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 industrial technology services (rescission) Of the unobligated balances available under this heading for the Advanced Technology Program, $6,000,000 are rescinded. DEPARTMENT OF TRANSPORTATION Maritime Administration ship construction (rescission) 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: " “§ 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 112 STAT. 2681–11977 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)[28 USC 530B note](/us/usc/t28/s530/B). 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 IXNational Whale Conservation Fund Act of 1998.[16 USC 3701 note](/us/usc/t16/s3701).[16 USC 3703 note](/us/usc/t16/s3703). 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, 112 STAT. 2681–120has 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)); or112 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: District of Columbia Appropriations Act, 1999.AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against revenues of said District for the fiscal year ending September 30, 1999, and for other purposes. 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.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 $25,036,000 112 STAT. 2681–123shall 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 112 STAT. 2681–124for 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 112 STAT. 2681–125with 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, 112 STAT. 2681–126renovation, 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,* 112 STAT. 2681–127That 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 112 STAT. 2681–128since 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, 112 STAT. 2681–129administrator, 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.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 fluids. 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.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.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: 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 (including rescissions) 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.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 auto-mobiles and motorcycles used for the performance of official duties at rates established by the Mayor: *Provided,* That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed in the Federal Property Management Regulations 101–7 (Federal Travel Regulations). Sec. 105. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: *Provided,* That, in the case of the Council of the District of Columbia, funds may be expended with the authorization of the chair of the Council. Sec. 106. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments that have been entered against the District of Columbia government: *Provided,* That nothing contained in this section shall be construed as 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 112 STAT. 2681–135the 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, 112 STAT. 2681–136or 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 112 STAT. 2681–137without 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 112 STAT. 2681–138or 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—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.Abortion. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. Sec. 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 112 STAT. 2681–140of 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 112 STAT. 2681–141of 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.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.”.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 112 STAT. 2681–144Columbia, 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 112 STAT. 2681–145of 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.[36 USC 151106 note](/us/usc/t36/s151106). 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.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.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 112 STAT. 2681–148and 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 Srevision 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 112 STAT. 2681–149to 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 112 STAT. 2681–150Assistance 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: AN ACT Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1999, and for other purposes.Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999. TITLE I—EXPORT AND INVESTMENT ASSISTANCE export-import bank of the united states The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the 112 STAT. 2681–151Government 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. subsidy appropriation For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, $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. administrative expenses For administrative expenses to carry out the direct and guaranteed loan and insurance programs (to be computed on an accrual basis), including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $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 [12 USC 635a note](/us/usc/t12/s635/a).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, 1999.112 STAT. 2681–152 overseas private investment corporation noncredit account The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, such expenditures and commitments within the limits of funds available to it and in accordance with law as may be necessary: *Provided,* That the amount available for administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation expenses which shall not exceed $35,000) shall not exceed $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. program account 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 trade and development agency For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $44,000,000, to remain available until September 30, 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 112 STAT. 2681–153be 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: agency for international development child survival and disease programs fund For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for child survival, basic education, assistance to combat tropical and other diseases, and related activities, in addition to funds otherwise available for such purposes, $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. development assistance (including transfer of funds) For necessary expenses to carry out the provisions of sections 103 through 106, and chapter 10 of part I of the Foreign Assistance Act of 1961, title V of the International Security and Development Cooperation Act of 1980 (Public Law 96–533) and the provisions of section 401 of the Foreign Assistance Act of 1969, $1,225,000,000, 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 112 STAT. 2681–154to 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 Sants 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, 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. cyprus Of the funds appropriated under the headings “Development Assistance” and “Economic Support Fund”, not less than $15,000,000 shall be made available for Cyprus to be used only for scholarships, administrative support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus. burma 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.112 STAT. 2681–156 cambodia 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. indonesia 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. private and voluntary organizations None of the funds appropriated or otherwise made available[22 USC 2151u note](/us/usc/t22/s2151/u). 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[22 USC 2151u and note](/us/usc/t22/s2151/u). 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.112 STAT. 2681–157 international disaster assistance For necessary expenses for international disaster relief, rehabilitation, and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, as amended, $200,000,000, to remain available until expended. micro and small enterprise development program account For the cost of direct loans and loan guarantees, $1,500,000, as authorized by section 108 of the Foreign Assistance Act of 1961, as amended: *Provided,* That such costs shall be as defined in section 502 of the Congressional Budget Act of 1974: *Provided further,* That guarantees of loans made under this heading in support of microenterprise activities may guarantee up to 70 percent of the principal amount of any such loans notwithstanding section 108 of the Foreign Assistance Act of 1961. In addition, for administrative expenses to carry out programs under this heading, $500,000, all of which may be transferred to and merged with the appropriation for Operating Expenses of the Agency for International Development: *Provided further,* That funds made available under this heading shall remain available until September 30, 2000. urban and environmental credit program account For the cost, as defined in section 502 of the Congressional Budget Act of 1974, of guaranteed loans authorized by sections 221 and 222 of the Foreign Assistance Act of 1961, 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 [22 USC 2183](/us/usc/t22/s2183).222(a) of the Foreign Assistance Act of 1961, and the third and fourth sentences of section 223(j) of such Act are repealed. payment to the foreign service retirement and disability fund For payment to the “Foreign Service Retirement and Disability Fund”, as authorized by the Foreign Service Act of 1980, $44,552,000. operating expenses of the agency for international development 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 112 STAT. 2681–158or studies) in excess of $25,000 without the approval of the Administrator of the Agency or the Administrator’s designee. operating expenses of the agency for international development office of inspector general 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 economic support fund 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. international fund for ireland For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $19,600,000, which shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): *Provided,* That such amount shall be expended at the minimum rate necessary to make timely payment for projects and activities: *Provided further,* That funds made available under this heading shall remain available until September 30, 2000. assistance for eastern europe and the baltic states
(a)For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for East European Democracy
(SEED)Act of 1989, $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.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. assistance for the new independent states of the former soviet union
(a)For necessary expenses to carry out the provisions of chapter 11 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support Act, for assistance for the 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.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;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 peace corps 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 international narcotics control and law enforcement 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 112 STAT. 2681–162in 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. migration and refugee assistance For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner for Refugees, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $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. united states emergency refugee and migration assistance fund For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $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. nonproliferation, anti-terrorism, demining and related programs 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 112 STAT. 2681–163International 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 debt restructuring 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 112 STAT. 2681–164until 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. international affairs technical assistance 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. united states community adjustment and investment program For the United States Community Adjustment and Investment Program authorized by section 543 of the North American Free Trade Agreement Implementation Act, $10,000,000 to remain available until September 30, 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 interagency 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 international military education and training For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $50,000,000 of which up to $1,000,000 may remain available until expended: *Provided,* That the civilian personnel for whom military education and 112 STAT. 2681–165training 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. foreign military financing program For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $3,330,000,000: *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 tor 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 112 STAT. 2681–166military 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 112 STAT. 2681–167assistance 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. peacekeeping operations 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 funds appropriated to the president international financial institutions contribution to the international bank for reconstruction and development global environment facility 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. contribution to the international development association 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.112 STAT. 2681–168 contribution to the inter-american development bank For payment to the Inter-American Development Bank by the Secretary of the Treasury, for the United States share of the paid-in share portion of the increase in capital stock, $25,610,667. contribution to the inter-american development bank fund for special operations 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. limitation on callable capital subscriptions The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $1,503,718,910. contribution to the enterprise for americas multilateral investment fund 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. contribution to the asian development bank For payment to the Asian Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock, $13,221,596, to remain available until expended. limitation on callable capital subscriptions The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $647,858,204. contribution to the asian development fund 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. contribution to the african development fund For the United States contribution by the Secretary of the Treasury to the increase in resources of the African Development Fund, $128,000,000, to remain available until expended, of which $88,300,000 shall be available for contributions previously due.112 STAT. 2681–169 contribution to the european bank for reconstruction and development For payment to the European Bank for Reconstruction and Development by the Secretary of the Treasury, $35,778,717, for the United States share of the paid-in portion of the increase in capital stock, to remain available until expended. limitation on callable capital subscriptions The United States Governor of the European Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $123,237,803. International Organizations and Programs For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $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 obligations during last month of availability Sec. 501. Except for the appropriations entitled “International Disaster Assistance”, and “United States Emergency Refugee and Migration Assistance Fund”, not more than 15 percent of any appropriation item made available by this Act shall be obligated during the last month of availability. prohibition of bilateral funding for international financial institutions Sec. 502. Notwithstanding section 614 of the Foreign Assistance Act of 1961, none of the funds contained in title II of this Act may be used to carry out the provisions of section 209(d) of the Foreign Assistance Act of 1961.112 STAT. 2681–170 limitation on residence expenses Sec. 503. Of the funds appropriated or made available pursuant to this Act, not to exceed $126,500 shall be for official residence expenses of the Agency for International Development during the current fiscal year: *Provided,* That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. limitation on expenses Sec. 504. Of the funds appropriated or made available pursuant to this Act, not to exceed $5,000 shall be for entertainment expenses of the Agency for International Development during the current fiscal year. limitation on representational allowances Sec. 505. Of the funds appropriated or made available pursuant to this Act, not to exceed $95,000 shall be available for representation allowances for the Agency for International Development during the current fiscal year: *Provided,* That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars: *Provided further,* That of the funds made available by this Act for general costs of administering military assistance and sales under the heading “Foreign Military Financing Program”, not to exceed $2,000 shall be available for entertainment expenses and not to exceed $50,000 shall be available for representation allowances: *Provided further,* That of the funds made available by this Act under the heading “International Military Education and Training”, not to exceed $50,000 shall be available for entertainment allowances: *Provided further,* That of the funds made available by this Act for the Inter-American Foundation, not to exceed $2,000 shall be available for entertainment and representation allowances: *Provided further,* That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,000 shall be available for entertainment expenses: *Provided further,* That of the funds made available by this Act under the heading “Trade and Development Agency”, not to exceed $2,000 shall be available for representation and entertainment allowances. prohibition on financing nuclear goods Sec. 506. None of the funds appropriated or made available (other than funds for “Nonproliferation, Anti-terrorism, Demining and Related Programs”) pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may be used, except for purposes of nuclear safety, to finance the export of nuclear equipment, fuel, or technology. prohibition against direct funding for certain countries Sec. 507. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria: *Provided,* That for purposes of this section, the prohibition on obligations or expenditures shall 112 STAT. 2681–171include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents. military coups Sec. 508. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance to any country whose duly elected head of government is deposed by military coup or decree: *Provided,* That assistance may be resumed to such country if the President determines and reports to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office. transfers between accounts Sec. 509. None of the funds made available by this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate: *Provided,* That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations. deobligation/reobligation authority Sec. 510.
(a)Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961 for the same general purpose as any of the headings under title II of this Act are, if deobligated, hereby continued available for the same period as the respective appropriations under such headings or until September 30, 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. availability of funds Sec. 511. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: *Provided,* That funds appropriated for the purposes of chapters 1, 8, and 11 of part I, section 667, and chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, and funds provided under the heading “Assistance for Eastern Europe and the Baltic 112 STAT. 2681–172States”, shall remain available until expended if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: *Provided further,* That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended: *Provided further,* That the report required by section 653(a) of the Foreign Assistance Act of 1961 shall designate for each country, to the extent known at the time of submission of such report, those funds allocated for cash disbursement for balance of payment and economic policy reform purposes. limitation on assistance to countries in default Sec. 512. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act: *Provided,* That this section and section 620(q) of the Foreign Assistance Act of 1961 shall not apply to funds made available 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. commerce and trade Sec. 513.
(a)None of the funds appropriated or made available pursuant to this Act for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: *Provided,* That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations.
(b)None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: *Provided,* That this subsection shall not prohibit—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. surplus commodities Sec. 514.[22 USC 262h](/us/usc/t22/s262/h).
(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. notification requirements Sec. 515.
(a)For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds made available under this Act for “Child Survival and Disease Programs Fund”, “Development assistance”, “International Organizations and Programs”, “Trade and Development Agency”, “International narcotics control and law enforcement”, “Assistance for Eastern Europe and the Baltic States”, “Assistance for the 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 112 STAT. 2681–174previously 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. limitation on availability of funds for international organizations and programs Sec. 516. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2000: *Provided,* That section 307(a) of the Foreign[22 USC 2227](/us/usc/t22/s2227). 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”. new independent states of the former soviet union 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[22 USC 5814 note](/us/usc/t22/s5814). for the New Independent States of the Former Soviet Union” 112 STAT. 2681–175shall 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.112 STAT. 2681–176 prohibition on funding for abortions and involuntary sterilization Sec. 518. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations: *Provided,* That none of the funds made available under this Act may be used to lobby for or against abortion. excess defense articles for central european countries Sec. 519. Section 105 of Public Law 104–164 (110 Stat. 1427) is amended by striking “1996 and 1997” and inserting “1999 and 2000”. special notification requirements 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. definition of program, project, and activity Sec. 521. For the purpose of this Act, “program, project, and activity” shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts earmarks, ceilings, and limitations with the exception that for the following accounts: Economic Support Fund and Foreign Military Financing Program, “program, project, and activity” shall also be considered to include country, regional, and central program level funding within each such account; for the development assistance accounts of the Agency for International Development “program, project, and activity” shall also be considered to include central program level funding, either as:
(1)justified to the Congress; or
(2)allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961.112 STAT. 2681–177 child survival, aids, and other activities 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. prohibition against indirect funding to certain countries Sec. 523. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance indirectly any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or the People’s Republic of China, unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States. reciprocal leasing Sec. 524. Section 61(a) of the Arms Export Control Act is [22 USC 2796](/us/usc/t22/s2796).amended by striking out “1998” and inserting in lieu thereof “the current fiscal year”. notification on excess defense equipment 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.112 STAT. 2681–178 authorization requirement 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. democracy in china 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. prohibition on bilateral assistance to terrorist countries 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 shallFederal Register, publication. 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. commercial leasing of defense articles Sec. 529. Notwithstanding any other provision of law, and subject[22 USC 2763 note](/us/usc/t22/s2763). 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.112 STAT. 2681–179 competitive insurance 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. stingers in the persian gulf region 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. debt-for-development 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. separate accounts Sec. 533.[22 USC 2362 note](/us/usc/t22/s2362).
(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 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.[22 USC 2346, 2359](/us/usc/t22/s2346).
(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.112 STAT. 2681–181 compensation for united states executive directors to international financial institutions 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 TV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
(b)For purposes of this section, “international financial institutions” are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Monetary Fund, the North American Development Bank, and the European Bank for Reconstruction and Development. compliance with united nations sanctions against iraq Sec. 535.[50 USC 1701 note](/us/usc/t50/s1701). 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. competitive pricing for sales of defense articles Sec. 536.[22 USC 2762 note](/us/usc/t22/s2762). 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. authorities for the peace corps, the inter-american foundation, the african development foundation and the international fund for agricultural development 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 112 STAT. 2681–182Development 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. impact on jobs in the united states 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. serbia-montenegro and kosova Sec. 539.
(a)Restrictions.—None of the funds in this or any[50 USC 1701 note](/us/usc/t50/s1701). 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;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. special authorities 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. policy on terminating the arab league boycott of israel 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;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. anti-narcotics activities 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. eligibility for assistance 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 112 STAT. 2681–185in support of programs of nongovernmental organizations, the President snail 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. earmarks 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 112 STAT. 2681–186earmarked funds that are continued available for an additional fiscal year shall be obligated only for the purpose of such earmark. ceilings and earmarks 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. prohibition on publicity or propaganda 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. purchase of american-made equipment and products 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. prohibition of payments to united nations members 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. consulting services 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. private voluntary organizations—documentation 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.112 STAT. 2681–187 prohibition on assistance to foreign governments that export lethal military equipment to countries supporting international terrorism 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. withholding of assistance for parking fines owed by foreign countries 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. limitation on assistance for the plo for the west bank and gaza 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 112 STAT. 2681–188appropriated by this Act may not be obligated for assistance for the Palestine Liberation Organization for the West Bank and Gaza. war crimes tribunals drawdown Sec. 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[22 USC 2656 note](/us/usc/t22/s2656). 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. landmines 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. restrictions concerning the palestinian authority 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 112 STAT. 2681–189locations other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. prohibition of payment of certain expenses Sec. 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. equitable allocation of funds 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. special debt relief for the poorest 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.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. authority to engage in debt buybacks or sales 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.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”. limitation on assistance for haiti 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 longterm 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 resigned 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 112 STAT. 2681–192cooperating 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).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. requirement for disclosure of foreign aid in report of secretary of state Sec. 562.[22 USC 2414a note](/us/usc/t22/s2414/a).
(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)). restrictions on voluntary contributions to united nations agencies 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; or112 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. burma labor report 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. haiti 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. limitation on assistance to the palestinian authority 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. limitation on assistance to the government of croatia 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. limitation on assistance to security forces 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 112 STAT. 2681–195the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice: *Provided,* That nothing in this section shall be construed to withhold funds made available by this Act from any unit of the security forces of a foreign country not credibly alleged to be involved in gross violations of human rights: *Provided further,* That in the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice. limitations on transfer of military equipment to east timor Sec. 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. restrictions on assistance to countries providing sanctuary to indicted war criminals 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.—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,Federal Register, publication. 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.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).112 STAT. 2681–198 additional requirements relating to stockpiling of defense articles for foreign countries 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.”. to prohibit foreign assistance to the government of russia should it enact laws which would discriminate against minority religious faiths in the russian federation 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. greenhouse gas emissions 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. withholding assistance to countries violating united nations sanctions against libya Sec. 574.
(a)Withholding of Assistance.—Except as provided in subsection (b), whenever the President determines and 112 STAT. 2681–199certifies 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. aid to the government of the democratic republic of congo 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. assistance for the middle east 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, AntiTerrorism, 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.112 STAT. 2681–200 enterprise fund restrictions 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. cambodia 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. export financing transfer authorities 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. authorization for population planning 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. report on all united states military training provided to foreign military personnel 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 112 STAT. 2681–201Relations Committees of the Senate and the Appropriations and International Relations Committees of the House or Representatives. korean peninsula energy development organization 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 112 STAT. 2681–202provides 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. national advisory council on international monetary and financial policies Sec. 583.
(a)Notwithstanding any other provision of law, each[22 USC 262r note](/us/usc/t22/s262/r). 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 112 STAT. 2681–203Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102–511) (22 U.S.C. 28611(b)) shall no longer apply to the contents of such annual reports. prohibition on assistance to the palestinian broadcasting corporation 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. report on iraqi development of weapons of mass destruction 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. sense of congress regarding iran 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;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. aid office of security Sec. 587.
(a)Establishment of Office.—There shall be established[22 USC 2381 note](/us/usc/t22/s2381). 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.112 STAT. 2681–205 sense of congress regarding ballistic missile development by north korea 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. technical assistance to foreign governments 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: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 macro-economic 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;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;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 112 STAT. 2681–209officers 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 112 STAT. 2681–210under 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.”. " iraq opposition 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. national commission on terrorism 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.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.—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 112 STAT. 2681–2135532 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. special authorities amendment 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. economic and political transition in indonesia 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 112 STAT. 2681–214investment 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 Taw 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 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. reporting requirements Sec. 594.[22 USC 2753 note](/us/usc/t22/s2753).
(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. sense of congress concerning the murder of four american churchwomen in el salvador 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;112 STAT. 2681–216
(6)United States officials granted permanent residence to a former Salvadoran military official involved in the coverup 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. sense of congress regarding the trial in the netherlands of the suspects indicted in the bombing of pan am flight 103 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 112 STAT. 2681–217to 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. sense of the congress regarding international cooperation in recovering children abducted in the united states and taken to other countries. 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;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 international monetary programs united states quota in the international monetary fund 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. loans to the international monetary fund-new arrangements to borrow 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 conditions for the use of appropriated funds for the international monetary fund Sec. 601. None of the funds appropriated in this title may be obligated or made available to the International Monetary Fund 112 STAT. 2681–219until 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; and112 STAT. 2681–220
(B)repaid within 1 to 2 ½ years from each disbursement. reports on financial stabilization programs in the republic of korea 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. advisory commission Sec. 603.
(a)In General.—The Secretary of the TreasuryEstablishment.[22 USC 262r note](/us/usc/t22/s262/r). 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.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).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). international advisory committee 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. strengthening procedures for monitoring use of imf funds 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 112 STAT. 2681–223committees 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. progress reports to congress on united states initiatives to update the architecture of the international monetary system Sec. 606.[22 USC 262r note](/us/usc/t22/s262/r). 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 112 STAT. 2681–224strong global economic growth and stability in world financial markets. definition Sec. 607. For purposes of sections 601 through 606 of this[22 USC 262r note](/us/usc/t22/s262/r). 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. participation in quota increase 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.[22 USC 286e–1m](/us/usc/t22/s286/e). “(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.”. " new arrangements to borrow Sec. 609. Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e–2 et seq.) is amended—[22 USC 286e–2](/us/usc/t22/s286/e).
(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. advocacy of policies to enhance the general effectiveness of the international monetary fund 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.[22 USC 262o–2](/us/usc/t22/s260/o). “(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 112 STAT. 2681–225that 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—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 112 STAT. 2681–227further 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 112 STAT. 2681–228for 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[22 USC 262r](/us/usc/t22/s262/r). 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.”. " reduction of barriers to agricultural trade 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.[22 USC 262n–3](/us/usc/t22/s262/n). “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.”. " semiannual reports on financial stabilization programs led by the international monetary fund in connection with financing from the exchange stabilization fund 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.[22 USC 262r–3.](/us/usc/t22/s262/r) “(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 112 STAT. 2681–229implemented 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 burdensharing 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.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).”. " annual report and testimony on the state of the international financial system, imf reform, and compliance with imf agreements 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.[22 USC 262r–4](/us/usc/t22/s262/r). “(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.”. " audits of the international monetary fund 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.[22 USC 262r–5](/us/usc/t22/s262/r). “(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 112 STAT. 2681–231information 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:112 STAT. 2681–232 AN ACT Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1999, and for other purposes.Department of the Interior and Related Agencies Appropriations Act, 1999. TITLE I—DEPARTMENT OF THE INTERIOR Bureau of Land Management management of lands and resources For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)), $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. 4601–6a(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. wildland fire management 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 112 STAT. 2681–233to provide that protection, and are available without fiscal year limitation. central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the remedial action, including associated activities, of hazardous waste substances, pollutants, or contaminants pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), $10,000,000, to remain available until expended: *Provided,* That notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party in advance of or as reimbursement for remedial action or response activities conducted by the Department pursuant to section 107 or 113(f) of such Act, shall be credited to this account to be available until expended without further appropriation: *Provided further,* That such sums recovered from or paid by any party are not limited to monetary payments and may include stocks, bonds or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary and which shall be credited to this account. construction For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $10,997,000, to remain available until expended. payments in lieu of taxes For expenses necessary to implement the Act of October 20, 1976, as amended (31 U.S.C. 6901–6907), $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. land acquisition For expenses necessary to carry out sections 205, 206, and 318(d) of Public Law 94–579, including administrative expenses and acquisition of lands or waters, or interests therein, $14,600,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $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 112 STAT. 2681–234to the General Fund in the Treasury in accordance with the second paragraph of subsection
(b)of title II of the Act of August 28, 1937 (50 Stat. 876). forest ecosystems health and recovery fund (revolving fund, special account) In addition to the purposes authorized in Public Law 102–381, funds made available in the Forest Ecosystem Health and Recovery Fund can be used for the purpose of planning, preparing, and monitoring salvage timber sales and forest ecosystem health and recovery activities such as release from competing vegetation and density control treatments. The Federal share of receipts (defined as the portion of salvage timber receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et seq., and Public Law 103–66) derived from treatments funded by this account shall be deposited into the Forest Ecosystem Health and Recovery Fund. range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: *Provided,* That not to exceed $600,000 shall be available for administrative expenses. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, 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*,[43 USC 1735 note](/us/usc/t43/s1735). 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 112 STAT. 2681–235to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until expended. administrative provisions Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000: *Provided,* That notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards. 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 resource management For necessary expenses of the United States Fish and Wildlife Service, for scientific and economic studies, conservation, management, investigations, protection, and utilization of fishery and 112 STAT. 2681–236wildlife resources, except whales, seals, and sea lions, maintenance of the herd of long-homed 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[16 USC 718k](/us/usc/t16/s718/k). 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,[16 USC 746a](/us/usc/t16/s746/a). 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. construction For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; $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”.112 STAT. 2681–237 land acquisition For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4 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. cooperative endangered species conservation fund For expenses necessary to carry out the provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531–1543), as amended, $14,000,000, to be derived from the Cooperative Endangered Species Conservation Fund, and to remain available until expended. national wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $10,779,000. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act, Public Law 101–233, as amended, $15,000,000, to remain available until expended. wildlife conservation and appreciation fund For necessary expenses of the Wildlife Conservation and Appreciation Fund, $800,000, to remain available until expended. multinational species conservation fund For expenses necessary to carry out the African Elephant Conservation Act(16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–4245, and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105–96), 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: [16 USC 4246](/us/usc/t16/s4246).*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 112 STAT. 2681–238may be used by the Secretary of the Interior to administer the Fund. administrative provisions 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*,[16 USC 1374](/us/usc/t16/s1374). 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. technical corrections Unit SC–03—[16 USC 3503 note](/us/usc/t16/s3503).
(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—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 operation of the national park system For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, including not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by the Youth Conservation Corps as authorized by 16 U.S.C. 1706, $1,285,604,000, 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. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $46,225,000.112 STAT. 2681–240 historic preservation fund For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333), $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. construction For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989, $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. land and water conservation fund (rescission) The contract authority provided for fiscal year 1999 by 16[16 USC 460*l*–10a note](/us/usc/t16/s460/l). U.S.C. 4601–10a is rescinded.112 STAT. 2681–241 land acquisition and state assistance For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4 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. administrative provisions 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 112 STAT. 2681–242encourage employees receiving workers’ compensation benefits pursuant to chapter 81 of title 5, United States Code, to return to appropriate positions for which they are medically able. United States Geological Survey surveys, investigations, and research For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, 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[43 USC 50](/us/usc/t43/s50). to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities. administrative provisions The amount appropriated for the United States Geological Survey shall be available for the purchase of not to exceed 53 passenger motor vehicles, of which 48 are for replacement only; reimbursement to the General Services Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Survey duly appointed to represent 112 STAT. 2681–243the 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 royalty and offshore minerals management For expenses necessary for minerals leasing and environmental studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger motor vehicles for replacement only; $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. oil spill research For necessary expenses to carry out title I, section 1016, title IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of the Oil Pollution Act of 1990, $6,118,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended.112 STAT. 2681–244 Office of Surface Mining Reclamation and Enforcement regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as amended, including the purchase of not to exceed 10 passenger motor vehicles, for replacement only; $93,078,000, and notwithstanding 31 U.S.C. 3302, an additional amount shall be[30 USC 1302 note](/us/usc/t30/s1302). 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[30 USC 1211 note](/us/usc/t30/s1211). 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,[30 USC 1302 note](/us/usc/t30/s1302). 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. abandoned mine reclamation fund For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as amended, including the purchase of not more than 10 passenger motor vehicles for replacement only, $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 112 STAT. 2681–245for 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 [30 USC 1231 note](/us/usc/t30/s1231).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 operation of indian programs For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, $1,584,124,000, 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 112 STAT. 2681–246Self-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[25 USC 450j note](/us/usc/t25/s450/j). 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[25 USC 13d–3](/us/usc/t25/s13/d). 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[25 USC 2005 note](/us/usc/t25/s2005). 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 : *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:”. construction For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $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 112 STAT. 2681–247further, 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. indian land and water claim settlements and miscellaneous payments to indians 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. indian guaranteed loan program account 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 112 STAT. 2681–248as 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. indian land consolidation pilot 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. administrative provisions The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts and grants, either directly or in cooperation with States and other organizations. Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans, the Indian loan guarantee and insurance fund, and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits, and purchase of not to exceed 229 passenger motor vehicles, of which not to exceed 187 shall be for replacement only. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office operations or pooled overhead general administration (except facilities operations and maintenance) shall be available for tribal contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). 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 112 STAT. 2681–249to 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 assistance to territories 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 [48 USC 1469b](/us/usc/t48/s1469/b).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 112 STAT. 2681–250management and vocational education training), and project-specific maintenance (with territorial participation and cost sharing to be determined by the Secretary based on the individual territory’s commitment to timely maintenance of its capital assets): *Provided further,* That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). compact of free association For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands as provided for in sections 122, 221, 223, 232, and 233 of the Compact of Free Association, and for economic assistance and necessary expenses for the Republic of Palau as provided for in sections 122, 221, 223, 232, and 233 of the Compact of Free Association, $20,930,000, to remain available until expended, as authorized by Public Law 99–239 and Public Law 99–658. Departmental Management salaries and expenses For necessary expenses for management of the Department of the Interior, $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 salaries and expenses For necessary expenses of the Office of the Solicitor, $36,784,000. Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General, $25,486,000. Office of Special Trustee for American Indians federal trust programs For operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $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 112 STAT. 2681–251Indian 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 [25 USC 4011 note](/us/usc/t25/s4011).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 natural resource damage assessment fund To conduct natural resource damage assessment activities by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–380), and Public Law 101–337; $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. management of federal lands for subsistence uses subsistence management, department of the interior 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 805 112 STAT. 2681–252of 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 112 STAT. 2681–253to 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.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[50 USC 167 note](/us/usc/t50/s167). 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 112 STAT. 2681–255Federal 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.[43 USC 1473e](/us/usc/t43/s1473/e). 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, 112 STAT. 2681–256if 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 112 STAT. 2681–257for 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.[16 USC 460o note](/us/usc/t16/s460/o). 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 comer 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 112 STAT. 2681–258operations 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 comer 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, 112 STAT. 2681–259he 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.[16 USC 410hh–4 note](/us/usc/t16/s410/hh). 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 nonwildemess 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, 112 STAT. 2681–260except 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 112 STAT. 2681–261Interior 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.[16 USC 3192a](/us/usc/t16/s3192/a). 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.112 STAT. 2681–262 Sec. 128. Charleston, Arkansas National Commemorative Site.
(a)The Congress finds that—[16 USC 461 note](/us/usc/t16/s461).
(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.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. 4601–8(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—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. § 458aa et seq.) is amended[25 USC 458ff](/us/usc/t25/s458/ff). at § 458ff(c) by inserting “450c(d),” following the word “sections”. Sec. 134. Correction to Coastal Barrier Resources System Map.[16 USC 3503 note](/us/usc/t16/s3503).
(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.—[16 USC 410hh–1 note](/us/usc/t16/s410/hh).
(1)Ratification.—
(A)In general.—The terms, conditions, procedures, covenants, reservations, and other provisions set forth in the document entitled “Agreement tor 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 112 STAT. 2681–265Settlement 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)[16 USC 1132 note](/us/usc/t16/s1132). 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.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.[16 USC 424–1](/us/usc/t16/s424). “(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—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.[16 USC 410rr](/us/usc/t16/s410/rr) *et seq*. 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.[16 USC 460kkk note](/us/usc/t16/s460/kkk). 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.[16 USC 79a note](/us/usc/t16/s79/a). 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 112 STAT. 2681–268Statement, 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.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. 4601–6a(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.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. land acquisition For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4 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. acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $1,069,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities pursuant to the Act of December 4, 1967, as amended (16 U.S.C. 484a), to remain available until expended. range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 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.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. management of national forest lands for subsistence uses subsistence management, forest service 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.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[16 USC 556h](/us/usc/t16/s556/h). 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[30 USC 185 note](/us/usc/t30/s185). 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.112 STAT. 2681–273 [16 USC 2106b](/us/usc/t16/s2106/b).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. [16 USC 554e](/us/usc/t16/s554/e).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 [16 USC 583j–9](/us/usc/t16/s583/j).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 112 STAT. 2681–274rate 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 112 STAT. 2681–27590 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 (deferral) 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 112 STAT. 2681–276Research 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 (including transfer of funds) Moneys received as investment income on the principal amount in the Great Plains Project Trust at the Norwest Bank of North Dakota, in such sums as are earned as of October 1, 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.[10 USC 7430 note](/us/usc/t10/s7430). 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. elk hills school lands fund 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.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. administrative provisions, department of energy Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private or foreign: *Provided,* That revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: *Provided further,* That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: *Provided further,* That any contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project. No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents for programs or projects for which appropriations have not been made. In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private sources, to be deposited in a contributed funds account, and 112 STAT. 2681–278prosecute 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 112 STAT. 2681–279title 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 112 STAT. 2681–280the 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, snail 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[25 USC 450j–2](/us/usc/t25/s450/j). 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 112 STAT. 2681–281and 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 112 STAT. 2681–282vehicles; 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. administrative provisions, smithsonian institution 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.112 STAT. 2681–283 National Gallery of Art salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–5902); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $57,938,000 of which not to exceed $3,026,000 for the special exhibition program shall remain available until expended. repair, restoration and renovation of buildings For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to remain available until expended: *Provided,* That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. Kennedy Center for the Performing Arts operations and maintenance For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, $12,187,000. construction For necessary expenses for capital repair and rehabilitation of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $20,000,000, to remain available until expended. Woodrow Wilson International Center for Scholars salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 112 STAT. 2681–284hire 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 grants and administration 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. matching grants To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $14,500,000, 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 grants and administration 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. matching grants To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $13,900,000, 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.112 STAT. 2681–285 Institute of Museum and Library Services office of museum services grants and administration For carrying out subtitle C of the Museum and Library Services Act of 1996, as amended, $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 salaries and expenses For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $898,000. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000. Advisory Council on Historic Preservation salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89–665, as amended), $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 salaries and expenses For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by 5 U.S.C. 3109, $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 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.112 STAT. 2681–286 Presidio Trust presidio trust fund 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, 112 STAT. 2681–287in 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.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.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.[16 USC 459j–4 note](/us/usc/t16/s459/j). 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.112 STAT. 2681–290 Sec. 323.
(a)Watershed Restoration and Enhancement Agreements.—[16 USC 1011 note](/us/usc/t16/s1011).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 land-owners), 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.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.[40 USC 1003 note](/us/usc/t40/s1003). 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.[16 USC 460*l*–6a note](/us/usc/t16/s460/l). 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. 4601–6a 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 112 STAT. 2681–292and 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.—[16 USC 535a.](/us/usc/t16/s535/a)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 112 STAT. 2681–293of 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) [43 USC 1474d](/us/usc/t43/s1474/d).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, 112 STAT. 2681–2941913 (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.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.[16 USC 3503 note](/us/usc/t16/s3503). 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[25 USC 1645](/us/usc/t25/s1645). 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 [25 USC 2717 note](/us/usc/t25/s2717).amended by striking “self-regulated tribes such as”. Sec. 339.[16 USC 3102 note](/us/usc/t16/s3102).
(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).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[16 USC 544g note](/us/usc/t16/s544/g). 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.—[16 USC 90a–1 note](/us/usc/t16/s90/a).
(1)Lake chelan national recreation area.—The boundary of the Lake Chelan National Recreation Area, established 112 STAT. 2681–297by 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. 4601–9), 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.[16 USC 1642 note](/us/usc/t16/s1642). 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.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,[16 USC 497d note](/us/usc/t16/s497/d). 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,”[16 USC 580d](/us/usc/t16/s580/d). substituting in lieu thereof the words “renovate, recondition, improve, and maintain”. Sec. 347. Stewardship End Result Contracting Demonstration Project.[16 USC 2104 note](/us/usc/t16/s2104).
(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 snail 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 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 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 (38 112 STAT. 2681–300Stat. 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.[30 USC 81 note](/us/usc/t30/s81).
(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 112 STAT. 2681–301and 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
(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 § 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 112 STAT. 2681–302to 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 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.[16 USC 544b](/us/usc/t16/s544/b).
(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 of Section 16, Township 1 North, Range 4 East, and the North 14 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)[16 USC 544b note](/us/usc/t16/s544/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: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:[25 USC 305f](/us/usc/t25/s305/f). " “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 112 STAT. 2681–305be 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 e 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. §6919, is hereby repealed. TITLE IV THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT Sec. 401.Herger-Feinstein Quincy Library Group Forest Recovery Act[16 USC 2104 note](/us/usc/t16/s2104). 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.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.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; and112 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).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.—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 ACTThe Land Between the Lakes Protection Act of 1998.[16 USC 460*lll* note](/us/usc/t16/s460).[16 USC 460*lll* note](/us/usc/t16/s460). 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—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. 503.16 USC 460*lll*–1. PURPOSES. The purposes of this title are—
(1)to transfer without consideration administrative jurisdiction over the Recreation Area from the Tennessee Valley 112 STAT. 2681–312Authority 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.[16 USC 460*lll*–11](/us/usc/t16/s460).
(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.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.[16 USC 460*lll*–12](/us/usc/t116/s460). 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.[16 USC 460*lll*–13](/us/usc/t16/s460). 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. 8311); 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.[16 USC 460*lll*–14](/us/usc/t16/s460). 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.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.[16 USC 460*lll*–21.](/us/usc/t16/s460)
(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.[16 USC 460*lll*–22.](/us/usc/t16/s460)
(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—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.[16 USC 460*lll*–23](/us/usc/t16/s460). 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.[16 USC 460*lll*–24](/us/usc/t16/s460). 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.[16 USC 460*lll*–25](/us/usc/t16/s460). 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 112 STAT. 2681–316commensurate 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.[16 USC 460*lll*–26](/us/usc/t16/s460).
(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.112 STAT. 2681–317 SEC. 527.16 USC 460*lll*–27. 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.[16 USC 460*lll*–28](/us/usc/t16/s460). 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.[16 USC 460*lll*–29](/us/usc/t16/s460). 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.[16 USC 460*lll*–30](/us/usc/t16/s460). 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.[16 USC 460*lll*–31](/us/usc/t16/s460). 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.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.[16 USC 460*lll*–41](/us/usc/t16/s460). 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.[16 USC 460*lll*–42](/us/usc/t16/s460). 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.[16 USC 460*lll*–43](/us/usc/t16/s460).
(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.[16 USC 460*lll*–44](/us/usc/t16/s460).
(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.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.[16 USC 460*lll*–45](/us/usc/t16/s460).
(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—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.[16 USC 460*lll*–46](/us/usc/t16/s460).
(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.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.[16 USC 460*lll*–47](/us/usc/t16/s460).
(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; and112 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.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; and112 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 112 STAT. 2681–325that 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.[16 USC 460*lll*–48](/us/usc/t16/s460). 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.[16 USC 460*lll*–49](/us/usc/t16/s460).
(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.112 STAT. 2681–326 Subtitle D—Funding SEC. 551. AUTHORIZATION OF APPROPRIATIONS.[16 USC 460*lll*–61](/us/usc/t16/s460).
(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 ACTInterstate 90 Land Exchange Act of 1998.[16 USC 539k note](/us/usc/t16/s539/k). 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;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.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, Wl/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 112 STAT. 2681–329offered 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)[16 USC 1132 note](/us/usc/t16/s1132). 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, S1/2 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 112 STAT. 2681–330consummation 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;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)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 112 STAT. 2681–332access 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 112 STAT. 2681–333parties 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 cased 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.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 1–90 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.[16 USC 539k](/us/usc/t16/s539/k).
(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: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 VIIIndian Tribal Tort Claims and Risk Management Act of 1998.[25 USC 450f note](/us/usc/t25/s450/f). 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;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(1) 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; or112 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: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999.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, and for other purposes. TITLE I—Department of Labor Appropriations Act, 1999.DEPARTMENT OF LABOR Employment and Training Administration training and employment services (including rescission) 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 112 STAT. 2681–338for 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 112 STAT. 2681–339funds 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. community service employment for older americans To carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, or to carry out older worker activities as subsequently authorized, $343,356,000. To carry out the activities for grants to States under paragraph
(3)of section 506(a) of title V of the Older Americans Act of 1965, as amended, or to carry out older worker activities as subsequently authorized, $96,844,000. federal unemployment benefits and allowances For payments during the current fiscal year of trade adjustment benefit payments and allowances under part I; and for training, allowances for job search and relocation, and related State administrative expenses under part II, subchapters B and D, chapter 2, title II of the Trade Act of 1974, as amended, $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. state unemployment insurance and employment service operations For authorized administrative expenses, $162,097,000, together with not to exceed $3,132,076,000 (including not to exceed 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. advances to the unemployment trust fund and other funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United States Code, and to the “Federal unemployment benefits and allowances” account, to remain available until September 30, 2000, $357,000,000. In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 112 STAT. 2681–34115, 1999, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary. program administration For expenses of administering employment and training programs, $94,410,000, including $6,360,000 to support up to 75 fulltime 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 salaries and expenses For necessary expenses for the Pension and Welfare Benefits Administration, $90,000,000. Pension Benefit Guaranty Corporation pension benefit guaranty corporation fund The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96–364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 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 salaries and expenses For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $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 112 STAT. 2681–342Department of Labor, all sums of money ordered to be paid to the Secretary of Labor, in accordance with the terms of the Consent Judgment in Civil Action No. 91–0027 of the United States District Court for the District of the Northern Mariana Islands (May 21, 1992): *Provided further,* That the Secretary of Labor is authorized to establish and, in accordance with 31 U.S.C. 3302, collect and deposit in the Treasury fees for processing applications and issuing certificates under sections 11(d) and 14 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing applications and issuing registrations under title I of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.). special benefits (including transfer of funds) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title 5, chapter 81 of the United States Code; continuation of benefits as provided for under the 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 112 STAT. 2681–343(including Social Security account number) as such regulations may prescribe. black lung disability trust fund (including transfer of funds) For payments from the Black Lung Disability Trust Fund, $1,021,000,000, 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 salaries and expenses 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, [29 USC 670 note](/us/usc/t29/s670).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 112 STAT. 2681–344Occupational 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 salaries and expenses 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[30 USC 962 note](/us/usc/t30/s962). 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 112 STAT. 2681–345of 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 salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $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 salaries and expenses 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 [33 USC 921 note](/us/usc/t33/s921).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.).112 STAT. 2681–346 assistant secretary for veterans employment and training 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. office of inspector general For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $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:[42 USC 603](/us/usc/t42/s603). " “(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.”. " (transfer of funds) 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”.112 STAT. 2681–347 TITLE II—Department of Health and Human Services Appropriations Act, 1999.DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration health resources and services For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of the Public Health Service Act, section 427(a) of the Federal Coal Mine Health and Safety Act, title V and section 1820 of the Social Security Act, the Health Care Quality Improvement Act of 1986, as amended, and the Native Hawaiian Health Care Act of 1988, as amended, $4,108,040,000, 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 112 STAT. 2681–348sustainability 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. medical facilities guarantee and loan fund federal interest subsidies for medical facilities For carrying out subsections
(d)and
(e)of section 1602 of the Public Health Service Act, $1,000,000, together with any amounts received by the Secretary in connection with loans and loan guarantees under title VI of the Public Health Service Act, to be available without fiscal year limitation for the payment of interest subsidies. During the fiscal year, no commitments for direct loans or loan guarantees shall be made. health education assistance loans program Such sums as may be necessary to carry out the purpose of the program, as authorized by Title VII of the Public Health Service Act, as amended. For administrative expenses to carry out the guaranteed loan program, including section 709 of the Public Health Service Act, $3,688,000. vaccine injury compensation program trust fund For payments from the Vaccine Injury Compensation Program Trust Fund, such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the Public Health Service Act, to remain available until expended: *Provided,* That for necessary administrative expenses, not to exceed $3,000,000 shall be available from the Trust Fund to the Secretary of Health and Human Services. 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 disease control, research, and training To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act of 1977, sections 20, 21 and 22 of the Occupational Safety and Health Act of 1970, title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980; including insurance of official motor vehicles in foreign countries; and hire, maintenance, and operation of aircraft, $2,558,520,000, 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 112 STAT. 2681–349be 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:[42 USC 238k note](/us/usc/t42/s238/k). *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 national cancer institute For carrying out section 301 and title IV of the Public Health Service Act with respect to cancer, $2,927,187,000. national heart, lung, and blood institute For carrying out section 301 and title IV of the Public Health Service Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $1,793,697,000. national institute of dental and craniofacial research For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $234,338,000. national institute of diabetes and digestive and kidney diseases For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney disease, $994,218,000. national institute of neurological disorders and stroke For carrying out section 301 and title IV of the Public Health Service Act with respect to neurological disorders and stroke, $903,278,000. national institute of allergy and infectious diseases For carrying out section 301 and title IV of the Public Health Service Act with respect to allergy and infectious diseases, $1,570,102,000.112 STAT. 2681–350 national institute of general medical sciences For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $1,197,825,000. national institute of child health and human development For carrying out section 301 and title IV of the Public Health Service Act with respect to child health and human development, $750,982,000. national eye institute For carrying out section 301 and title IV of the Public Health Service Act with respect to eye diseases and visual disorders, $395,857,000. national institute of environmental health sciences For carrying out sections 301 and 311 and title IV of the Public Health Service Act with respect to environmental health sciences, $375,743,000. national institute on aging For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $596,521,000. national institute of arthritis and musculoskeletal and skin diseases For carrying out section 301 and title IV of the Public Health Service Act with respect to arthritis and musculoskeletal and skin diseases, $308,164,000. national institute on deafness and other communication disorders For carrying out section 301 and title IV of the Public Health Service Act with respect to deafness and other communication disorders, $229,887,000. national institute of nursing research For carrying out section 301 and title IV of the Public Health Service Act with respect to nursing research, $69,834,000. national institute on alcohol abuse and alcoholism For carrying out section 301 and title IV of the Public Health Service Act with respect to alcohol abuse and alcoholism, $259,747,000. national institute on drug abuse For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $603,274,000. national institute of mental health For carrying out section 301 and title IV of the Public Health Service Act with respect to mental health, $861,208,000.112 STAT. 2681–351 national human genome research institute For carrying out section 301 and title IV of the Public Health Service Act with respect to human genome research, $264,892,000. national center for research resources For carrying out section 301 and title IV of the Public Health Service Act with respect to research resources and general research support grants, $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. john e. fogarty international center For carrying out the activities at the John E. Fogarty International Center, $35,426,000. national library of medicine For carrying out section 301 and title IV of the Public Health Service Act with respect to health information communications, $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. office of the director (including transfer of funds) 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.112 STAT. 2681–352 buildings and facilities For the study of, construction of, and acquisition of equipment for, facilities of or used by the National Institutes of Health, including the acquisition of real property, $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 substance abuse and mental health services For carrying out titles V and XIX of the Public Health Service Act with respect to substance abuse and mental health services, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and section 301 of the Public Health Service Act with respect to program management, $2,488,005,000: *Provided,* That of the amount provided, $300,000 shall be for the Philadelphia City-wide Improvement and Planning Agency. retirement pay and medical benefits for commissioned officers For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (10 U.S.C. ch. 55), and for payments pursuant to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), such amounts as may be required during the current fiscal year. Agency for Health Care Policy and Research health care policy and research For carrying out titles III and IX of the Public Health Service Act, and part A of title XI of the Social Security Act, $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 $70,647,000.112 STAT. 2681–353 Health Care Financing Administration grants to states for medicaid For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $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. payments to health care trust funds For payment to the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d) of Public Law 97–248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $62,953,000,000. program management For carrying out, except as otherwise provided, titles XI, XVIII, XIX and XXI of the Social Security Act, titles XIII and XXVII of the Public Health Service Act, and the Clinical Laboratory Improvement Amendments of 1988, not to exceed $1,946,500,000 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: 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. health maintenance organization loan and loan guarantee fund For carrying out subsections
(d)and
(e)of section 1308 of the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title XIII of the Public Health Service Act, to be available without fiscal year limitation for the payment of outstanding obligations. During fiscal year 1999, no commitments for direct loans or loan guarantees shall be made. Administration for Children and Families family support payments to states 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. low income home energy assistance For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,100,000,000, to be available for obligation in the period October 1, 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 112 STAT. 2681–355available 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. refugee and entrant assistance For making payments for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96–422), $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. child care and development block grant For carrying out sections 658A through 658R of the Omnibus Budget Reconciliation Act of 1981 (The Child Care and Development 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). social services block grant 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. children and families services programs (including rescissions) For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Developmental Disabilities Assistance 112 STAT. 2681–356and 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. family preservation and support For carrying out section 430 of the Social Security Act, $275,000,000. payments to states for foster care and adoption assistance For making payments to States or other non-Federal entities under title IV–E of the Social Security Act, $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, $1,355,000,000.112 STAT. 2681–357 Administration on Aging aging services programs 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 general departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, and XX of the Public Health Service Act, and the United States-Mexico Border Health Commission Act, $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. office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $29,000,000. office for civil rights 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.112 STAT. 2681–358 policy research For carrying out, to the extent not otherwise provided, research studies under section 1110 of the Social Security Act, $14,000,000. public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, disease and chemical threats to civilian populations, $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.112 STAT. 2681–359 Sec. 206.[42 USC 3015 note](/us/usc/t42/s3015). 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. (transfer of funds) 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.[5 USC 7905 note](/us/usc/t5/s7905). 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 112 STAT. 2681–360Secretary 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).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)Effective date.[42 USC 1397b note](/us/usc/t42/s1397/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.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 112 STAT. 2681–363section 105 of the Contract with America Advancement Act of 1996 (Public Law 104–121).”. " (c)[42 USC 300x–7 note](/us/usc/t42/s300). 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 Appropriations Act, 1999.DEPARTMENT OF EDUCATION education reform For carrying out activities authorized by titles III and IV of the Goals 2000: Educate America Act, the School-to-Work Opportunities Act, and sections 3122, 3132, 3136, and 3141 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 112 STAT. 2681–364consistent 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 multimedia 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. education for the disadvantaged For carrying out title I of the Elementary and Secondary Education Act of 1965, and section 418A of the Higher Education Act, $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 112 STAT. 2681–365meet 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. impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $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 [20 USC 7702](/us/usc/t20/s7702).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.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 112 STAT. 2681–367section 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.112 STAT. 2681–368 school improvement programs 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. reading excellence 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. indian education For expenses necessary to carry out, to the extent not otherwise provided, title IX, part A of the Elementary and Secondary Education Act of 1965, as amended, $66,000,000. bilingual and immigrant education For carrying out, to the extent not otherwise provided, bilingual, foreign language and immigrant education activities authorized by parts A and C and section 7203 of title VII of the Elementary and Secondary Education Act of 1965, without regard to section 7103(b), $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. special education 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.112 STAT. 2681–369 rehabilitation services and disability research 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 american printing house for the blind For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $8,661,000. national technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $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. gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $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. vocational and adult education 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. student financial assistance For carrying out subparts 1, 3 and 4 of part A, part C and part E of title IV of the Higher Education Act of 1965, as amended, $9,348,000,000, which shall remain available through September 30, 2000. The maximum Pell Grant for which a student shall be eligible [20 USC 1070a note](/us/usc/t20/s1070/a).during award year 1999–2000 shall be $3,125: *Provided,* That notwithstanding section 401(g) of the Act, if the Secretary determines, 112 STAT. 2681–370prior 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. federal family education loan program account For Federal administrative expenses to carry out guaranteed student loans authorized by title IV, part B, of the Higher Education Act, as amended, $46,482,000. higher education For carrying out, to the extent not otherwise provided, section 121 and titles II, III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965, as amended, and the Mutual Educational and Cultural Exchange Act of 1961 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 112 STAT. 2681–371for 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. howard university 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. college housing and academic facilities loans program 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. historically black college and university capital financing, program account The total amount of bonds insured pursuant to section 344 of title III, part D of the Higher Education Act 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, $96,000.112 STAT. 2681–372 education research, statistics, and improvement For carrying out activities authorized by the Educational Research, Development, Dissemination, and Improvement Act of 1994, including part E; the National Education Statistics Act of 1994; 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 nonviolent 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 112 STAT. 2681–373Education 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 program administration For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of two passenger motor vehicles, $362,000,000. office for civil rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $66,000,000. office of inspector general For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $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 112 STAT. 2681–374imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. Sec. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student’s home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing or clustering. The prohibition described in this section does not include the establishment of magnet schools. Sec. 303. No funds appropriated under this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (transfer of funds) Sec. 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act, 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.[20 USC 1232j](/us/usc/t20/s1232/j). “(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 112 STAT. 2681–375Board 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 112 STAT. 2681–376Elementary 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—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 112 STAT. 2681–378Scott 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 domestic volunteer service programs, operating expenses For expenses necessary for the Corporation for National and Community Service to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $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 salaries and expenses For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183), including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, Public Law 95–454 (5 U.S.C. ch. 71), $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 Directors jurisdiction.112 STAT. 2681–379 Federal Mine Safety and Health Review Commission salaries and expenses For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $6,060,000. 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 salaries and expenses For expenses necessary to carry out section 1805 of the Social Security Act, $7,015,000, to be transferred to this appropriation from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. National Commission on Libraries and Information Science salaries and expenses For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91–345, as amended by Public Law 102–95), $1,000,000. National Council on Disability salaries and expenses For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, as amended, $2,344,000. 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, $2,100,000.112 STAT. 2681–380 National Labor Relations Board salaries and expenses For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141–167), and other laws, $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 salaries and expenses For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $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 salaries and expenses For expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $8,100,000. Railroad Retirement Board DUAL BENEFITS PAYMENTS ACCOUNT For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $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.112 STAT. 2681–381 federal payments to the railroad retirement accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2000, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76. limitation on administration For necessary expenses for the Railroad Retirement Board for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $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. limitation on the office of inspector general For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $5,600,000, 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 [45 USC 231f note](/us/usc/t45/s231/f).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 payments to social security trust funds For payment to the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance trust funds, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, $19,689,000. special benefits for disabled coal miners 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.112 STAT. 2681–382 supplemental security income program For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603, section 212 of Public Law 93–66, as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $21,552,000,000, 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. limitation on administrative expenses For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $10,000 for official reception and representation expenses, not more than $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 112 STAT. 2681–383available 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 Social Security shall direct $6,000,000 for Federal State partnerships which will evaluate means to promote Medicare buy-in programs targeted to elderly and disabled individuals under titles XVIII and XIX of the Social Security Act. 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. office of inspector general (including transfer of funds) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $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 operating expenses 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 112 STAT. 2681–384balances 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, 112 STAT. 2681–385including 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.Abortions.
(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.[31 USC 1301 note](/us/usc/t31/s1301). 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.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.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)[42 USC 283g](/us/usc/t42/s283/g). 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.42 USC 287c–21. 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.112 STAT. 2681–388 “(f) Ensuring High Quality, Rigorous Scientific Review.—In order to ensure high qualify, 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:112 STAT. 2681–389 " “(F) The National Center for Complementary and Alternative Medicine.”. " TITLE VII—MISCELLANEOUS PROVISIONS rates of pay for public broadcasting and national public radio 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.[42 USC 1396r–4 note](/us/usc/t42/s1396/r). 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.[42 USC 1396r–4 note](/us/usc/t42/s1396/r). 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.[42 USC 1396r–4 note](/us/usc/t42/s1396/r). 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.[42 USC 1397dd note](/us/usc/t42/s1397/dd). Determination of Number of Children and State Cost Factors for Fiscal Years 1998 and 1999 for Purposes 112 STAT. 2681–390of 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—[50 USC 2351 note](/us/usc/t50/s2351).
(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[50 USC 2351 note](/us/usc/t50/s2351). 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.”.112 STAT. 2681–391 " (d)[50 USC 2351 note](/us/usc/t50/s2351). 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)[45 USC 231e note](/us/usc/t45/s231/e). 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.[42 USC 1396a note](/us/usc/t42/s1396/a). 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.[20 USC 6661](/us/usc/t20/s6661). 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—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.[20 USC 6661a](/us/usc/t20/s6661/a). “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.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.[20 USC 6661b](/us/usc/t20/s6661/b). 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—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—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 112 STAT. 2681–396experience, 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 112 STAT. 2681–397home, 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.[20 USC 6661c](/us/usc/t20/s6661/c). 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.[20 USC 6661d](/us/usc/t20/s6661/d). 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 112 STAT. 2681–398comparison 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, 112 STAT. 2681–399for 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, 112 STAT. 2681–400school-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 framing. “(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 112 STAT. 2681–401accordance 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.[20 USC 6661e](/us/usc/t20/s6661/e). 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 112 STAT. 2681–402provides 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 112 STAT. 2681–403kindergarten 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 112 STAT. 2681–404law, 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 112 STAT. 2681–405informed 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.[20 USC 6661f](/us/usc/t20/s6661/f). 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. 2258.20 USC 6661g. 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.[20 USC 6661h](/us/usc/t20/s6661/h). 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 112 STAT. 2681–406subgrants 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.[20 USC 6661i](/us/usc/t20/s6661/i). “(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 112 STAT. 2681–407Secondary 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 [20 USC 6702](/us/usc/t20/s6702).Secondary Education M 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(10X0) 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 Statelevel 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 112 STAT. 2681–408established 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—112 STAT. 2681–409 (1)[20 USC 6370](/us/usc/t20/s6370). by redesignating section 1210 as section 1212; and
(2)by inserting after section 1209 the following: " “SEC. 1210.[20 USC 6369a](/us/usc/t20/s6369/a). 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.”.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.[20 USC 6369b](/us/usc/t20/s6369/b). “(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.112 STAT. 2681–411 SUBTITLE IV—TECHNICAL AND CONFORMING SEC. 401. TECHNICAL AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998. (1)[29 USC 2821](/us/usc/t29/s2821). Section 111(c) of the Workforce Investment Act of 1998 is amended by striking “Chairman” and inserting “Chairperson”. (2)[29 USC 2822](/us/usc/t29/s2822). Section 112(c)(1) of such Act is amended by striking and" and inserting “; or”. (3)[29 USC 2831](/us/usc/t29/s2831). Section 116(a)(3)(D)(ii)(I)(aa) of such Act is amended by striking “; or” and inserting “; and”. (4)[29 USC 2832](/us/usc/t29/s2832). 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)[29 USC 2899](/us/usc/t29/s2899). 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)[29 USC 2911](/us/usc/t29/s2911). Section 166(h)(3)(A) of such Act is amended by striking “paragraph (2)” and inserting “subparagraph (B)”. (8)[29 USC 2912](/us/usc/t29/s2912). Section 167(d) of such Act is amended by inserting “and section 127(b)(1)(A)(iii)” after “this section”. (9)[29 USC 2915](/us/usc/t29/s2915). 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)[29 USC 2916](/us/usc/t29/s2916). 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)[29 USC 2918](/us/usc/t29/s2918). Section 173(a)(2) of such Act is amended by striking “the Robert” and inserting “The Robert”. (13)[29 USC 2939](/us/usc/t29/s2939). 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)[29 USC 2942](/us/usc/t29/s2942). Paragraphs
(2)and
(3)of section 192(a) of such Act are amended by striking “), to” and inserting “) to”.112 STAT. 2681–412 (15)[29 USC 2701](/us/usc/t29/s2701). 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)Section 405 of such Act is amended by striking “et seq.),”[29 USC 760–765](/us/usc/t29/s760). and inserting “et seq.)”.
(17)Section 501(b)(1) of such Act is amended by adding[20 USC 9271](/us/usc/t20/s9271). at the end the following: “For purposes of this paragraph, the activities and programs described in subparagraphs
(A)and
(B)of paragraph
(2)shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program.”.
(18)Section 505 of such Act is amended—[20 USC 9275](/us/usc/t20/s9275).
(A)in subsection (a), by striking “in this Act” and inserting “under title I, II, or III or this title”; and
(B)in subsection (b), by striking “under this Act” each place it appears and inserting “under title I, II, or III or this title”.
(19)Section 506(d) of such Act is amended—[20 USC 9276](/us/usc/t20/s9276).
(A)in paragraph (1), by striking “subsection (b)” and inserting “subsection (c)”; and
(B)in paragraph (2)—
(i)by inserting “planning authorized under” after “carry out” each place that such appears; and
(ii)by striking “the purposes” and inserting “the planning purposes”. SEC. 402. TECHNICAL AMENDMENTS TO THE REHABILITATION ACT OF 1973.
(a)Redesignation.—
(1)The Rehabilitation Act of 1973 (as amended by title[29 USC 705–718](/us/usc/t29/s705). IV of the Workforce Investment Act of 1998) is further amended by redesignating sections 6 through 19.as sections 7, 8, and 10 through 21, respectively.
(2)The table of contents for the Rehabilitation Act of 1973 (as amended by section 403 of the Workforce Investment Act of 1998) is further amended by striking the items relating to sections 6 through 19 and inserting the following: " “Sec. 7. Definitions. “Sec. 8. Allotment percentage. “Sec. 10. Nonduplication. “Sec. 11. Application of other laws. “Sec. 12. Administration of the Act. “Sec. 13. Reports. “Sec. 14. Evaluation. “Sec. 15 Information clearinghouse. “Sec. 16. Transfer of funds “Sec. 17. State administration. “Sec. 18. Review of applications. “Sec. 19. Carryover. “Sec. 20. Client assistance information. “Sec. 21. Traditionally underserved populations.”. "
(b)Section Headings.—
(1)Section 1 of such Act (as so amended) is further amended by striking the section heading and all that follows through “SHORT TITLE.—” and inserting the following: " “SECTION 1. SHORT TITLE; TABLE OF CONTENTS. “(a) Short Title.—”.112 STAT. 2681–413 " (2)[29 USC 701](/us/usc/t29/s701). Section 2 of such Act (as so amended) is further amended by striking the section heading and all that follows through “FINDINGS.—” and inserting the following: " “SEC. 2. FINDINGS; PURPOSE; POLICY. “(a) Findings.—”. " (3)[29 USC 705](/us/usc/t29/s705). Section 7 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through “(1) The term” and inserting the following: " “SEC. 7. DEFINITIONS. “For the purposes of this Act: “(1) Administrative costs.—The term”. " (4)[29 USC 716](/us/usc/t29/s716). Section 19 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through “IN GENERAL.—” and inserting the following: " “SEC. 19. CARRYOVER. “(a) In General.—”. " (5)[29 USC 717](/us/usc/t29/s717). Section 20 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through “All” and inserting the following: " “SEC. 20. CLIENT ASSISTANCE INFORMATION. “All”. " (6)[29 USC 718](/us/usc/t29/s718). Section 21 of such Act (as so amended and redesignated in subsection (a)) is further amended by striking the section heading and all that follows through “FINDINGS.—” and inserting the following: " “SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS. “(a) Findings.—”. " (7)[29 USC 730](/us/usc/t29/s730). Section 110 of such Act (as so amended) is further amended by striking the section heading and all that follows through “(a)(1) Subject” and inserting the following: " “state allotments “Sec. 110. (a)(1) Subject”. " (8)[29 USC 731](/us/usc/t29/s731). Section 111 of such Act (as so amended) is further amended by striking the section heading and all that follows through “(a)(1) Except” and inserting the following: " “payments to states “Sec. 111. (a)(1) Except”. " (9)[29 USC 732](/us/usc/t29/s732). Section 112 of such Act (as so amended) is further amended by striking the section heading and all that follows through “(a) From” and inserting the following: " “client assistance program “Sec. 112.
(a)From”. " (10)[29 USC 741](/us/usc/t29/s741). Section 121 of such Act (as so amended) is further amended by striking the section heading and all that follows through “(a) The” and inserting the following:112 STAT. 2681–414 " “vocational rehabilitation services grants “Sec. 121.
(a)The”. "
(11)Section 205 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 765](/us/usc/t29/s765). through “Establishment.—” and inserting the following: " “SEC. 205. REHABILITATION RESEARCH ADVISORY COUNCIL. “(a) Establishment.—”. "
(12)Section 621 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795g](/us/usc/t29/s795/g). through “It” and inserting the following: " “SEC. 621. PURPOSE. “It”. "
(13)Section 622 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795h](/us/usc/t29/s795/h). through “In General.—” and inserting the following: " “SEC. 622. ALLOTMENTS. “(a) In General.—”. "
(14)Section 623 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795i](/us/usc/t29/s795/i). through “Funds provided under this part may” and inserting the following: " “SEC. 623. AVAILABILITY OF SERVICES. “Funds provided under this part may”. "
(15)Section 624 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795j](/us/usc/t29/s795/j). through “An” and inserting the following: " “SEC. 624. ELIGIBILITY. “An”. "
(16)Section 625 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795k](/us/usc/t29/s795/k). through “State Plan Supplements.—” and inserting the following: " “SEC. 625. STATE PLAN. “(a) State Plan Supplements.—”. "
(17)Section 626 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795*l*](/us/usc/t29/s795). through “Each” and inserting the following: " “SEC. 626. RESTRICTION. “Each”. "
(18)Section 627 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795m](/us/usc/t29/s795/m). through “Supported Employment Services.—” and inserting the following: " “SEC. 627. SAVINGS PROVISION. “(a) Supported Employment Services.—”. "
(19)Section 628 of such Act (as so amended) is further amended by striking the section heading and all that follows[29 USC 795n](/us/usc/t29/s795/n). through “There” and inserting the following: " “SEC. 628. AUTHORIZATION OF APPROPRIATIONS. “There”.112 STAT. 2681–415 "
(c)Other Amendments.—
(1)Section 7 of such Act (as so amended and redesignated [29 USC 705](/us/usc/t29/s705).in subsection (a)) is further amended—
(A)in paragraph (2)(B), by striking “objectives, nature,” and inserting “nature”;
(B)by striking paragraph (7);
(C)in paragraph (16)(A)(iii), by striking “client” and inserting “eligible individual”; and
(D)in paragraph (36)(C), by striking “rehabilitation objectives” and inserting “employment outcome”.
(2)Section 10 of such Act (as so amended and redesignated [29 USC 707](/us/usc/t29/s707).in subsection (a)) is further amended—
(A)by striking “disregarded: (1)” and inserting the following: “disregarded— " “(1)”; "
(B)by striking “(2)” and inserting the following: " “(2)”; and "
(C)by striking “No payment” and inserting the following: " “No payment”. "
(3)The second and third sentences of section 21(a)(3) of such Act (as so amended and redesignated in subsection (a)) [29 USC 718](/us/usc/t29/s718).are further amended by striking “are” and inserting “is”.
(4)Section 101(a) of such Act (as so amended) is further [29 USC 721](/us/usc/t29/s721).amended—
(A)in paragraph (18)(C), by striking “will be utilized” and inserting “were utilized during the preceding year”; and
(B)in paragraph (21)(A)(i)(II)(bb), by striking “Commission” and inserting “commission”.
(5)Section 102(c)(5)(F) (as so amended) is further [29 USC 722](/us/usc/t29/s722).amended—
(A)in clause (ii), by striking “and” at the end thereof;
(B)in clause (iii), by striking the period and inserting “; and”; and
(C)by adding at the end the following: " “(iv) not delegate the responsibility for making the final decision to any officer or employee of the designated State unit.”. "
(6)Section 105(b) of such Act (as so amended) is further [29 USC 725](/us/usc/t29/s725).amended—
(A)in paragraph (3)—
(i)by striking “Governor” the first place it appears and inserting “Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this Act in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity”; and
(ii)in the second and third sentences, by striking “Governor” and inserting “appointing authority”;
(B)in paragraph (4)(A)(i), by striking “section 7(20)(A)” and inserting “section 7(20)(B)”;
(C)in paragraph (5)(B)—
(i)in the subparagraph heading, by striking “GOVERNOR” and inserting “chief executive officer”; and112 STAT. 2681–416
(ii)by striking “Governor shall” and inserting “appointing authority described in paragraph
(3)shall”; and
(D)in paragraphs (6)(A)(ii) and (7)(B), by striking “Governor” and inserting “appointing authority described in paragraph (3)”.
(7)Section 705(b) of such Act (as so amended) is further amended—[29 USC 769d](/us/usc/t29/s729/d).
(A)in paragraph (1)—
(i)by striking “Governor” the first place it appears and inserting “Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this Act in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity”; and
(ii)in the second sentence, by striking “Governor” and inserting “appointing authority”;
(B)in paragraph (5)(B)—
(i)in the subparagraph heading, by striking “governor” and inserting “chief executive officer”; and
(ii)by striking “Governor shall” and inserting “appointing authority described in paragraph
(3)shall”; and
(C)in paragraphs (6)(A)(ii) and (7)(B), by striking “Governor” and inserting “appointing authority described in paragraph (3)”. SEC. 403. TECHNICAL AMENDMENTS TO OTHER ACTS.
(a)Wagner-Peyser Act.—
(1)In general.—Section 15 of the Wagner-Peyser Act (as added by section 309 of the Workforce Investment Act of 1998) is amended—[29 USC 49*l*–2](/us/usc/t29/s49).
(A)in subsection (a)(2)(A)(i), by striking “of this section” the second place it appears; and
(B)in subsection (e)(2)(G), by striking “complementary” and inserting “complementarity”.
(2)Effective date.—The amendments made by paragraph[29 USC 49*l*–2 note](/us/usc/t29/s49).
(1)take effect on July 2,1999.
(b)Older Americans Act of 1965.—Subparagraph
(Q)of section 502(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056(b)(1)) (as added by section 323 of the Workforce Investment Act of 1998) is amended by aligning the margins of the subparagraph with the margins of subparagraph
(P)of such section. SEC. 404. TECHNICAL AMENDMENTS REGARDING ADULT EDUCATION.
(a)References to Title.—The matter preceding paragraph
(1)of section 203, and sections 204 and 205, of the Adult Education and Family Literacy Act (20 U.S.C. 9202, 9203, and 9204) are each amended by striking “this subtitle” and inserting “this title”.
(b)Qualifying Adult.—Section 211(d)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9211(d)(1)) is amended by striking “, but less than 61 years of age”.
(c)Levels of Performance.—Section 212(b)(3)(A)(vi) of the Adult Education and Family Literacy Act (20 U.S.C. 9212(b)(3)(A)(vi)) is amended by striking “136(i)” and inserting “136(i)(1)”.112 STAT. 2681–417
(d)Corrections Education.—Section 225(a) of the Adult Education and Family Literacy Act (20 U.S.C. 9225) is amended—
(1)in subsection (a), by striking “or education” and inserting “and education”; and
(2)in subsection (c), by striking “with” and inserting “within”.
(e)National Leadership Activities.—Section 243(2)(B) of the Adult Education and Family Literacy Act (20 U.S.C. 9253(2)(B)) is amended by striking “qualify” and inserting “quality”.
(f)Incentive Grants.—Section 503(a) of the Workforce Investment Act of 1998 (20 U.S.C. 9273(a)) is amended by striking “expected” and inserting “adjusted”. SEC. 405. CONFORMING AMENDMENTS.
(a)References to Section 204 of the Immigration Reform and Control Act of 1986.—The table of contents for the Immigration Reform and Control Act of 1986 is amended by striking the item relating to section 204 of such Act.
(b)References to Title II of Public Law 95–250.—Section 103 of Public Law 95–250 (16 U.S.C. 791) is amended—
(1)by striking the second sentence of subsection (a); and
(2)by striking the second sentence of subsection (b).
(c)References to Subtitle C of Title VII of the Stewart B. McKinney Homeless Assistance Act.—
(1)Table of contents relating to subtitle c of title vii.—The table of contents of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended by striking the items relating to sections 731 through 737, and sections 739 through 741, of such Act.
(2)Title vii.—Title VII of such Act is amended by inserting before section 738 the following: " “Subtitle C—Job Training for the Homeless”. "
(3)Title 31, united states code.—Section 6703(a) of title 31, United States Code, is amended—
(A)by striking paragraph (15); and
(B)by redesignating paragraphs
(16)through
(19)as paragraphs
(15)through (18), respectively.
(d)References to Job Training Partnership Act Prior to Repeal.—
(1)Title 5, united states code.—Section 3502(d) of title 5, United States Code, is amended—
(A)in paragraph (3)—
(i)in subparagraph (A), by striking clause
(i)and inserting the following: " “(i) the appropriate State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training Partnership Act), or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and”; and "
(ii)in subparagraph (B)(iii), by striking “other services under the Job Training Partnership Act” and inserting “other services under the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998”; and112 STAT. 2681–418
(B)in paragraph (4), in the second sentence, by striking “Secretary of Labor on matters relating to the Job Training Partnership Act” and inserting “Secretary of Labor on matters relating to the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(2)Food stamp act of 1977.—
(A)Section 5.—Section 5(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(1)) is amended by striking “Notwithstanding section 142(b) of the Job Training Partnership Act (29 U.S.C. 1552(b)), earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or section 264(c)(1)(A) of the Job Training Partnership Act” and inserting “Notwithstanding section 142(b) of the Job Training Partnership Act or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership Act or in on-the-job training under title I of the Workforce Investment Act of 1998”.
(B)Section 6.—Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended—
(i)in subsection (d)(4)(M), by striking “the State public employment offices and agencies operating programs under the Job Training Partnership Act” and inserting “the State public employment offices and agencies operating programs under the Job Training Partnership Act or of the State public employment offices and other State agencies and providers carrying out activities under title I of the Workforce Investment Act of 1998”;
(ii)in subsection (e)(3), by striking subparagraph
(A)and inserting the following: " “(A) a program under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;”; and "
(iii)in subsection (o)(1)(A), by striking “Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(C)Section 17.—The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended—
(i)by striking “to accept an offer of employment from a political subdivision or a prime sponsor pursuant to the Comprehensive Employment and Training Act of 1973, as amended (29 U.S.C. 812),” and inserting “to accept an offer of employment from a political subdivision or provider pursuant to a program carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,”; and
(ii)by striking “: *Provided,* That all of the political subdivision’s” and all that follows and inserting “, if all of the jobs supported under the program have been made available to participants in the program before the political subdivision or provider providing the jobs extends an offer of employment under this paragraph, and if the political subdivision or provider, in 112 STAT. 2681–419employing the person, complies with the requirements of Federal law that relate to the program.”.
(3)Personal responsibility and work opportunity reconciliation act of 1996.—
(A)Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking “Job Training Partnership Act” and inserting “Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(B)Section 423(d)(11) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note) is amended by striking “Job Training Partnership Act” and inserting “Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(4)Immigration and nationality act.—Section 245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by striking “The Job Training Partnership Act.” and inserting “The Job Training Partnership Act or title I of the Workforce Investment Act of 1998.”.
(5)Refugee education assistance act of 1980.—Section 402(a)(4) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking “the Comprehensive Employment and Training Act of 1973” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(6)National defense authorization act for fiscal year 1991.—Section 4003(5)(C) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2391 note) is amended by inserting before the period the following: “, as in effect on the day before the date of enactment of the Workforce Investment Act of 1998”.
(7)National defense authorization act for fiscal year 1993.—
(A)Section 3161.—Section 3161(c)(6) of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) is amended by striking subparagraph
(A)and inserting the following: " “(A) programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;”. "
(B)Section 4461.—Section 4461(1) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking “The Job Training Partnership Act (29 U.S.C. 1501 et seq.).” and inserting “The Job Training Partnership Act or title I of the Workforce Investment Act of 1998.”.
(C)Section 4471.—Section 4471 of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 2501 note) is amended—
(i)in subsection (c)(2), by striking “the State dislocated” and all that follows through “and the chief” and inserting “the State dislocated worker unit or office referred to in section 311(b)(2) of the Job Training Partnership Act, or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998, and the chief”;112 STAT. 2681–420
(ii)in subsection (d)—
(I)in the first sentence, by striking “for training, adjustment assistance, and employment services” and all that follows through “except where” and inserting “for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or to participate in employment and training activities carried out under title I of the Workforce Investment Act of 1998, except in a case in which”; and
(II)by striking the second sentence; and
(iii)in subsection (e), by striking “for training,” and all that follows through “beginning” and inserting “, on the basis of any related reduction in funding under the contract, for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or to participate in employment and training activities under title I of the Workforce Investment Act of 1998, beginning”.
(D)Section 4492.—Section 4492(b) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking “the Job Training Partnership Act” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(8)National defense authorization act for fiscal year 1994.—Section 1333(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is amended by striking “Private industry councils (as described in section 102 of the Job Training Partnership Act (29 U.S.C. 1512)).” and inserting “Private industry councils as described in section 102 of the Job Training Partnership Act or local workforce investment boards established under section 117 of the Workforce Investment Act of 1998.”.
(9)National defense authorization act for fiscal year 1998.—Section 2824(c)(5) of the National Defense Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended by striking “Job Training Partnership Act” and inserting “Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(10)Small business act.—The fourth sentence of section 7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(11)Employment act of 1946.—Section 4(f)(2)(B) of the Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)) is amended by striking “and include these in the annual Employment and Training Report of the President required under section 705(a) of the Comprehensive Employment and Training Act of 1973 (hereinafter in this Act referred to as ‘CETA’)” and inserting “and prepare and submit to the President an annual report containing the recommendations”.
(12)Full employment and balanced growth act of 1978.—112 STAT. 2681–421
(A)Section 206.—Section 206 of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116) is amended—
(i)in subsection (b)—
(I)in the matter preceding paragraph (1), by striking “CETA” and inserting “the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”; and
(II)in paragraph (1), by striking “(including use of section 110 of CETA when necessary)”; and
(ii)in subsection (c)(1), by striking “CETA” and inserting “activities carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(B)Section 401.—Section 401(d) of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3151(d)) is amended by striking “include, in the annual Employment and Training Report of the President provided under section 705(a) of CETA,” and inserting “include, in the annual report referred to in section 4(f)(2)(B) of the Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)),”.
(13)Title 18, united states code.—Subsections (a), (b), and
(c)of section 665 of title 18, United States Code are amended by striking “the Comprehensive Employment and Training Act or the Job Training Partnership Act” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(14)Trade act of 1974.—
(A)Section 236.—Section 236(a)(5)(B) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking “section 303 of the Job Training Partnership Act” and inserting “section 303 of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(B)Section 239.—Section 239(e) of the Trade Act of 1974 (19 U.S.C. 2311(e)) is amended by striking “under title III of the Job Training Partnership Act” and inserting “under title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(15)Higher education act of 1965.—
(A)Section 418A.—Subsections (b)(1)(B)(ii) and (c)(1)(A) of section 418A of the Higher Education Act of 1965 (20 U.S.C. 1070d–2) are amended by striking “section 402 of the Job Training Partnership Act” and inserting “section 402 of the Job Training Partnership Act or section 167 of the Workforce Investment Act of 1998”.
(B)Section 480.—Section 480(b)(14) of the Higher Education Act of 1965 (20 U.S.C. 1087w(b)(14)) is amended by striking “Job Training Partnership Act noneducational benefits” and inserting “Job Training Partnership Act non-educational benefits or benefits received through participation in employment and training activities under title I of the Workforce Investment Act of 1998”.
(16)Department of education organization act.—Subsection
(a)of section 302 of the Department of Education Organization Act (20 U.S.C. 3443(a)) is amended by striking “under section 303(c)(2) of the Comprehensive Employment and Training Act” and inserting “relating to such education”.112 STAT. 2681–422
(17)National skill standards act of 1994.—
(A)Section 504.—Section 504(c)(3) of the National Skill Standards Act of 1994 (20 U.S.C. 5934(c)(3)) is amended by striking “the Capacity Building and Information and Dissemination Network established under section 453(b) of the Job Training Partnership Act (29 U.S.C. 1733(b)) and”.
(B)Section 508.—Section 508(1) of the National Skill Standards Act of 1994 (20 U.S.C. 5938(1)) is amended to read as follows: " “(1) Community-based organization.—The term ‘community-based organization’ means a private nonprofit organization that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce investment.”. "
(18)Elementary and secondary education act of 1965.—
(A)Section 1205.—Section 1205(8)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6365(8)(B)) is amended by striking “the Job Training Partnership Act” and inserting “the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”
(B)Section 1414.—Section 1414(c)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is amended by striking “programs under the Job Training Partnership Act,” and inserting “programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,”.
(C)Section 1423.—Section 1423(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6453(9)) is amended by striking “programs under the Job Training and Partnership Act” and inserting “programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(D)Section 1425.—Section 1425(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6455(9)) is amended by striking “, such as funds under the Job Training Partnership Act,” and inserting “, such as funds made available under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,”.
(19)District of columbia school reform act of 1995.—Section 2604(c)(2)(B)(ii) of the District of Columbia School Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–145) is amended by striking “Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(20)Freedom support act.—The last sentence of section 505 of the FREEDOM Support Act (22 U.S.C. 5855) is amended by striking “, through the Defense Conversion” and all that follows through “or through” and inserting “or through”.
(21)Emergency jobs and unemployment assistance act of 1974.—
(A)Section 204.—Section 204(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended by striking “designate as an area” and all that follows and inserting “designate as an area 112 STAT. 2681–423under this section an area that is a service delivery area established under section 101 of the Job Training Partnership Act (except that after local workforce investment areas are designated under section 116 of the Workforce Investment Act of 1998 for the State involved, the corresponding local workforce investment area shall be considered to be the area designated under this section) or a local workforce investment area designated under section 116 of the Workforce Investment Act of 1998.”.
(B)Section 223.—Section 223 of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended—
(i)in paragraph (3), by striking “assistance provided” and all that follows and inserting “assistance provided under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;”; and
(ii)in paragraph (4), by striking “funds provided” and all that follows and inserting “funds provided under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;”.
(22)Job training reform amendments of 1992.—Section 701 of the Job Training Reform Amendments of 1992 (29 U.S.C. 1501 note) is repealed.
(23)Public law 98–524.—Section 7 of Public Law 98–524 (29 U.S.C. 1551 note) is repealed.
(24)Veterans’ benefits and programs improvement act of 1988.—Section 402 of the Veterans’ Benefits and Programs Improvement Act of 1988 (29 U.S.C. 1721 note) is amended—
(A)in subsection (a), by striking “title III of the Job Training Partnership Act (29 U.S.C. 1651 et seq.)” and inserting “title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”;
(B)in subsection (c), by striking “Training, in consultation with the office designated or created under section 322(b) of the Job Training Partnership Act,” and inserting “Training, in consultation with the unit or office designated or created under section 322(b) of the Job Training Partnership Act or any successor to such unit or office under title I of the Workforce Investment Act of 1998,”; and
(C)in subsection (d)—
(i)in paragraph (1)(A), by striking “part C” and all that follows through “; and” and inserting “part C of title IV of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998; and”; and
(ii)in paragraph (2), by striking “Employment and training” and all that follows and inserting “Employment and training activities for dislocated workers under title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998.”.
(25)Veterans’ job training act.—
(A)Section 13.—Section 13(b) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended by striking “assistance under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “assistance under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.112 STAT. 2681–424
(B)Section 14.—Section 14(b)(3)(B)(i)(II) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended by striking “under part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “under part C of title IV the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(C)Section 15.—Section 15(c)(2) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended—
(i)in the second sentence, by striking “part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “part C of title IV of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”; and
(ii)in the third sentence, by striking “title III of that Act” and inserting “title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(26)Worker adjustment and retraining notification act.—Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking “to the State” and all that follows through “and the chief” and inserting “to the State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training and Partnership Act), or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998, and the chief”.
(27)Title 31, united states code.—Section 6703(a) of title 31, United States Code, is amended by striking paragraph
(4)and inserting the following: " “(4) Programs under title II or IV of the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998”. "
(28)Veterans’ rehabilitation and education amendments of 1980.—Section 512 of the Veterans’ Rehabilitation and Education Amendments of 1980 (38 U.S.C. 4101 note) is amended by striking “the Comprehensive Employment and Training Act (29 U.S.C. et seq.),” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,”.
(29)Title 38, united states code.—
(A)Section 4102A.—Section 4102A(d) of title 38, United States Code, is amended by striking “the Job Training Partnership Act” and inserting “the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”
(B)Section 4103A.—Section 4103A(c)(4) of title 38, United States Code, is amended by striking “(including part C of title IV of the Job Training Partnership Act (29 U.S.C. 1501 et seq.))” and inserting “including part C of title IV of the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”.
(C)Section 4213.—Section 4213 of title 38, United States Code, is amended by striking “program assisted under the Job Training Partnership Act (29 U.S.C. 1501 et seq.),” and inserting “program carried out under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,”.112 STAT. 2681–425
(30)Social security act.—Section 403(a)(5) of Social Security Act (42 U.S.C. 603(a)(5)) is amended—
(A)in subparagraph (A)(vii)(I), by striking “(as described in section 103(c) of the Job Training Partnership Act)” and inserting “(as described in section 103(c) of the Job Training Partnership Act or defined in section 101 of the Workforce Investment Act of 1998)”; and
(B)in subparagraph (D)—
(i)in clause (ii), by striking “means, with respect to a service delivery area, the private industry council (or successor entity) established for the service delivery area pursuant to the Job Training Partnership Act” and inserting “means, with respect to a service delivery area, the private industry council or local workforce investment board established for the service delivery area pursuant to the Job Training Partnership Act or title I of the Workforce Investment Area of 1998, as appropriate”; and
(ii)in clause (iii), by striking “shall have the meaning given such term (or the successor to such term) for purposes of the Job Training Partnership Act” and inserting “shall have the meaning given such term for purposes of the Job Training Partnership Act or shall mean a local area as defined in section 101 of the Workforce Investment Act of 1998, as appropriate”.
(31)United states housing act.—Section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) is amended—
(A)in subsection (b)(2)(A), by striking “the Job Training” and all that follows through “or the” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 or the”;
(B)in the first sentence of subsection (f)(2), by striking “programs under the” and all that follows through “and the” and inserting “programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 or the”; and
(C)in subsection (g)—
(i)in paragraph (2), by striking “programs under the” and all that follows through “and the” and inserting “programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 or the”; and
(ii)in paragraph (3)(H), by striking “program under” and all that follows through “and any other” and inserting “programs under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 and any other”.
(32)Housing act of 1949.—Section 504(c)(3) of the Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking “pursuant to” and all that follows through “or the” and inserting “pursuant to the Job Training Partnership Act or title I of the Workforce Investment Act of 1998 or the”.
(33)Older americans act of 1965.—
(A)Section 203.—Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is amended—
(i)in subsection (a)(2), by striking the last sentence and inserting the following: “In particular, the 112 STAT. 2681–426Secretary of Labor shall consult and cooperate with the Assistant Secretary in carrying out the Job Training Partnership Act and title I of the Workforce Investment Act of 1998.”; and
(ii)in subsection (b), by striking paragraph
(1)and inserting the following: " “(1) the Job Training Partnership Act or title I of the Workforce Investment Act of 1998,”. "
(B)Section 502.—Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is amended—
(i)in subsection (b)(1)(N)(i), by striking “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”; and
(ii)in subsection (e)(2)(C), by striking “programs carried out under section 124 of the Job Training Partnership Act (29 U.S.C. 1534)” and inserting “programs carried out under the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”.
(C)Section 503.—Section 503(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended—
(i)in the first sentence, by striking “the Job Training Partnership Act” and inserting “the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”; and
(ii)in the first sentence, by striking “the Job Training Partnership Act” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(D)Section 510.—Section 510 of the Older Americans Act of 1965 (42 U.S.C. 3056h) is amended by striking the matter following the section heading and inserting the following: " “In the case of projects under this title carried out jointly with programs carried out under the Job Training Partnership Act, eligible individuals shall be deemed to satisfy the requirements of sections 203 and 204(d)(5)(A) of such Act (29 U.S.C. 1603, 1604(d)(5)(A)) that are applicable to adults. In the case of projects under this title carried out jointly with programs carried out under subtitle B of title I of the Workforce Investment Act of 1998, eligible individuals shall be deemed to satisfy the requirements of section 134 of such Act.”. "
(34)Omnibus crime control and safe streets act of 1968.—Section 1801(b)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by striking “activities carried out under part B of title IV of the Job Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et seq.)” and inserting “activities carried out under part B of title IV of the Job Training Partnership Act or subtitle C of title I of the Workforce Investment Act of 1998 (relating to Job Corps)”.
(35)Environmental programs assistance act of 1984.—The second sentence of section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by striking “and title IV of the Job Training Partnership Act” and inserting “and title IV of the Job Training Partnership 112 STAT. 2681–427Act or subtitle D of title I of the Workforce Investment Act of 1998”.
(36)Domestic volunteer service act of 1973.—
(A)Section 103.—The second sentence of section 103(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended to read as follows: “Whenever feasible, such efforts shall be coordinated with an appropriate private industry council established under the Job Training Partnership Act or local workforce investment board established under section 117 of the Workforce Investment Act of 1998.”.
(B)Section 109.—Subsections (c)(2) and (d)(2) of section 109 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4959) is amended by striking “administrative entities designated to administer job training plans under the Job Training Partnership Act” and inserting “administrative entities designated to administer job training plans under the Job Training Partnership Act and eligible providers of employment and training activities under subtitle B of title I of the Workforce Investment Act of 1998”.
(37)Age discrimination act of 1975.—Section 304(c)(1) of the Age Discrimination Act of 1975 (42 U.S.C. 6103(c)(1)) is amended by striking “Except with” and all that follows through “nothing” and inserting “Nothing”.
(38)Energy conservation and production act.—Section 414(b)(3) of the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is amended by striking “the Comprehensive Employment and Training Act of 1973” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(39)National energy conservation policy act.—Section 233 of the National Energy Conservation Policy Act (42 U.S.C. 6873) is amended, in the matter preceding paragraph (1), by striking “the Comprehensive Employment and Training Act of 1973” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(40)Community economic development act of 1981.—Section 617(a)(3) of the Community Economic Development Act of 1981 (42 U.S.C. 9806(a)(3)) is amended by striking “activities such as those described in the Comprehensive Employment and Training Act” and inserting “activities such as the activities described in the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(41)Stewart b. mckinney homeless assistance act.—Section 103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302(b)(2)) is amended by striking “the Job Training Partnership Act” and inserting “the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(42)National and community service act of 1990.—
(A)Section 177.—Section 177(d) of the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) is amended to read as follows: " “(d) Treatment of benefits.—Allowances, earnings, and payments to individuals participating in programs that receive assistance under this title shall not be considered to be income for the purposes of determining eligibility for and the amount of income 112 STAT. 2681–428transfer and in-kind aid furnished under any Federal or federally assisted program based on need, other than as provided under the Social Security Act (42 U.S.C. 301 et seq.).”. "
(B)Section 198C.—Section 198C of the National and Community Service Act of 1990 (42 U.S.C. 12653c) is amended—
(i)in subsection (b)(1), by striking “a military installation described in section 325(e)(1) of the Job Training Partnership Act (29 U.S.C. 1662d(e)(1)).” and inserting “a military installation being closed or realigned under— " “(A) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of division B of Public Law 101–510; 10 U.S.C. 2687 note); and “(B) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).”; and "
(ii)in subsection (e)(1)(B), by striking clause
(iii)and inserting the following: " “(iii) an eligible youth described in section 423 of the Job Training Partnership Act or an individual described in section 144 of the Workforce Investment Act of 1998.”. "
(C)Section 199L.—Section 199L(a) of the National and Community Service Act of 1990 (42 U.S.C. 12655m(a)) is amended by striking “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”.
(43)Cranston-gonzalez national affordable housing act.—
(A)Section 454.—Subparagraphs
(H)and
(M)of subsection (c)(2), and subsection (d)(7), of section 454 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899c) are amended by striking “the Job Training Partnership Act” and inserting “the Job Training Partnership Act and title I of the Workforce Investment Act of 1998”.
(B)Section 456.—The first sentence of section 456(e) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899e(e)) is amended by inserting “(as in effect on the day before the date of enactment of the Workforce Investment Act of 1998)” after “the Job Training Partnership Act” each place it appears.
(44)Violent crime control and law enforcement act of 1994.—Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking “authorized under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)” and inserting “authorized under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998”.
(e)Other References to Title VII of the Stewart B. Mckinney Homeless Assistance Act.—
(1)Table of contents.—The table of contents of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended by striking the items relating to title VII of such Act, except the items relating to the title heading, and subtitles B and C, of such title.112 STAT. 2681–429
(2)Title VII.—The Stewart B. McKinney Homeless Assistance Act (as amended by section 199(b)(1) of the Workforce Investment Act of 1998) is further amended by inserting before subtitle B (relating to education for homeless children and families) the following: " “SUBTITLE VII—EDUCATION AND TRAINING”. "
(f)References to Job Training Partnership Act Subsequent to Repeal.—
(1)Title 5, united states code.—Section 3502(d) of title 5, United States Code, is amended—
(A)in paragraph (3)—
(i)in subparagraph (A), by striking clause
(i)and inserting the following: " “(i) the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and"; and "
(ii)in subparagraph (B)(iii), by striking “under the Job Training Partnership Act or”; and
(B)in paragraph (4), in the second sentence, by striking “the Job Training Partnership Act or”.
(2)Food stamp act of 1977.—
(A)Section 5.—Section 5(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(1)) is amended by striking “Notwithstanding section 142(b) of the Job Training Partnership Act or section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training programs under section 204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership Act or in on-the-job training under title I of the Workforce Investment Act of 1998” and inserting “Notwithstanding section 181(a)(2) of the Workforce Investment Act of 1998, earnings to individuals participating in on-the-job training under title I of the Workforce Investment Act of 1998”
(B)Section 6.—Section 6 of the Food Stamp Act of 1977 (7 U.S.C. 2015) is amended—
(i)in subsection (d)(4)(M), by striking “the State public employment offices and agencies operating programs under the Job Training Partnership Act or of”;
(ii)in subsection (e)(3), by striking subparagraph
(A)and inserting the following: " “(A) a program under title I of the Workforce Investment Act of 1998;”; and "
(iii)in subsection (o)(1)(A), by striking “Job Training Partnership Act or”.
(C)Section 17.—The second sentence of section 17(b)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended by striking “the Job Training Partnership Act or”.
(3)Personal responsibility and work opportunity reconciliation act of 1996.—
(A)Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking “Job Training Partnership Act or”.112 STAT. 2681–430
(B)Section 423(d)(11) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a note) is amended by striking “Job Training Partnership Act or”.
(4)Immigration and nationality act.—Section 245A(h)(4)(F) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is amended by striking “The Job Training Partnership Act or title” and inserting “Title”.
(5)Refugee education assistance act of 1980.—Section 402(a)(4) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking “the Comprehensive Employment and Training Act of 1973” and inserting “the Job Training Partnership Act or”.
(6)National defense authorization act for fiscal year 1993.—
(A)Section 3161.—Section 3161(c)(6) of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) is amended by striking subparagraph
(A)and inserting the following: " “(A) programs carried out by the Secretary of Labor under title I of the Workforce Investment Act of 1998;”. "
(B)Section 4461.—Section 4461(1) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking “The Job Training Partnership Act of title” and inserting “Title”.
(C)Section 4471.—Section 4471 of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 2501 note) is amended—
(i)in subsection (c)(2), by striking “the State dislocated worker unit or office referred to in section 311(b)(2) of the Job Training Partnership Act, or”;
(ii)in subsection (d), in the first sentence, by striking “for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or”; and
(iii)in subsection (e), by striking “for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act or”.
(D)Section 4492.—Section 4492(b) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) is amended by striking “the Job Training Partnership Act or”.
(7)National defense authorization act for fiscal year 1994.—Section 1333(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) is amended by striking “Private industry councils as described in section 102 of the Job Training Partnership Act or local” and inserting “local”.
(8)National defense authorization act for fiscal year 1998.—Section 2824(c)(5) of the National Defense Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 note) is amended by striking “Job Training Partnership Act or”.
(9)Small business act.—The fourth sentence of section 7(j)(13)(E) of the Small Business Act (15 U.S.C. 636(j)(13)(E)) is amended by striking “the Job Training Partnership Act or”.112 STAT. 2681–431
(10)Full employment and balanced growth act of 1978.—Section 206 of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3116) is amended—
(A)in subsection (b), in the matter preceding paragraph (1), by striking “CETA” and inserting “the Job Training Partnership Act and” and
(B)in subsection (c)(1), by striking “activities carried out under the Job Training Partnership Act or”.
(11)Trade act of 1974.—
(A)Section 236.—Section 236(a)(5)(B) of the Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking “section 303 of the Job Training Partnership Act or”.
(B)Section 239.—Section 239(e) of the Trade Act of 1974 (19 U.S.C. 2311(e)) is amended by striking “title III of the Job Training Partnership Act or”.
(12)Higher education act of 1965.—
(A)Section 418A.—Subsections (b)(1)(B)(ii) and (c)(1)(A) of section 418A of the Higher Education Act of 1965 (20 U.S.C. 1070d–2) are amended by striking “section 402 of the Job Training Partnership Act or”.
(B)Section 480.—Section 480(b)(14) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is amended by striking “Job Training Partnership Act noneducational benefits or”.
(13)Elementary and secondary education act of 1965.—
(A)Section 1205.—Section 1205(8)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6365(8)(B)) is amended by striking “the Job Training Partnership Act and”.
(B)Section 1414.—Section 1414(c)(8) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is amended by striking “the Job Training Partnership Act or”.
(C)Section 1423.—Section 1423(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6453(9)) is amended by striking “the Job Training Partnership Act or”.
(D)Section 1425.—Section 1425(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6455(9)) is amended by striking “the Job Training Partnership Act or”.
(14)District of columbia school reform act of 1995.—Section 2604(c)(2)(B)(ii) of the District of Columbia School Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–145) is amended by striking “Job Training Partnership Act or”.
(15)Emergency jobs and unemployment assistance act of 1974.—
(A)Section 204.—Section 204(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended by striking “service delivery area established” and all that follows through “this section) or a”.
(B)Section 223.—Section 223 of the Emergency Jobs and Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is amended—112 STAT. 2681–432
(i)in paragraph (3), by striking “the Job Training Partnership Act or”; and
(ii)in paragraph (4), by striking “the Job Training Partnership Act or”.
(16)Veterans’ benefits and programs improvement act of 1988.—Section 402 of the Veterans’ Benefits and Programs Improvement Act of 1988 (29 U.S.C. 1721 note) is amended—
(A)in subsection (a), by striking “title III of the Job Training Partnership Act or”; and
(B)in subsection (d)—
(i)in paragraph (1)(A), by striking “part C of title IV of the Job Training Partnership Act or”; and
(ii)in paragraph (2), by striking “title III of the Job Training Partnership Act or”.
(17)Veterans’ job training act.—
(A)Section 13.—Section 13(b) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended by striking “the Job Training Partnership Act or”.
(B)Section 14.—Section 14(b)(3)(B)(i)(II) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended by striking “part C of title IV the Job Training Partnership Act or”.
(C)Section 15.—Section 15(c)(2) of the Veterans’ Job Training Act (29 U.S.C. 1721 note) is amended—
(i)in the second sentence, by striking “part C of title IV of the Job Training Partnership Act or”; and
(ii)in the third sentence, by striking “title III of the Job Training Partnership Act or”.
(18)Section 3(a)(2) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(a)(2)) is amended by striking “the State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training and Partnership Act), or”.
(19)Title 31, united states code.—Section 6703(a) of title 31, United States Code, is amended by striking paragraph
(4)and inserting the following: " “(4) Programs under title I of the Workforce Investment Act of 1998”. "
(20)Veterans’ rehabilitation and education amendments of 1980.—Section 512 of the Veterans’ Rehabilitation and Education Amendments of 1980 (38 U.S.C. 4101 note) is amended by striking “the Job Training Partnership Act or”.
(21)Title 38, united states code.—
(A)Section 4102A.—Section 4102A(d) of title 38, United States Code, is amended by striking “the Job Training Partnership Act and”.
(B)Section 4103A.—Section 4103A(c)(4) of title 38, United States Code, is amended by striking “part C of title IV of the Job Training Partnership Act and”.
(C)Section 4213.—Section 4213 of title 38, United States Code, is amended by striking “the Job Training Partnership Act or”.
(22)Social security act.—Section 403(a)(5) of Social Security Act (42 U.S.C. 603(a)(5)) is amended—112 STAT. 2681–433
(A)in subparagraph (A)(vii)(I), by striking “described in section 103(c) of the Job Training Partnership Act or”; and
(B)in subparagraph (D)—
(i)in clause (ii), by striking “the Job Training Partnership Act or”; and
(ii)in clause (iii), by striking “shall mean a local area as defined in section 101 of the Workforce Investment Act of 1998, as appropriate”.
(23)United states housing act.—Section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) is amended—
(A)in subsection (b)(2)(A), by striking “the Job Training Partnership Act or”;
(B)in the first sentence of subsection (f)(2), by striking “the Job Training Partnership Act or”; and
(C)in subsection (g)—
(i)in paragraph (2), by striking “the Job Training Partnership Act or”; and
(ii)in paragraph (3)(H), by striking “the Job Training Partnership Act or”.
(24)Housing act of 1949.—Section 504(c)(3) of the Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking “the Job Training Partnership Act or”.
(25)Older americans act of 1965.—
(A)Section 203.—Section 203 of the Older Americans Act of 1965 (42 U.S.C. 3013) is amended—
(i)in subsection (a)(2), by striking “the Job Training Partnership Act and”; and
(ii)in subsection (b), by striking paragraph
(1)and inserting the following: " “(1) title I of the Workforce Investment Act of 1998,”. "
(B)Section 502.—Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is amended—
(i)in subsection (b)(1)(N)(i), by striking “the Job Training Partnership Act and”; and
(ii)in subsection (e)(2)(C), by striking “the Job Training Partnership Act and”.
(C)Section 503.—Section 503(b)(1) of the Older Americans Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended—
(i)in the first sentence, by striking “the Job Training Partnership Act and”; and
(ii)in the first sentence, by striking “the Job Training Partnership Act or”.
(D)Section 510.—Section 510 of the Older Americans Act of 1965 (42 U.S.C. 3056h) is amended by striking the matter following the section heading and inserting the following: " “In the case of projects under this title carried out jointly with programs carried out under subtitle B of title I of the Workforce Investment Act of 1998, eligible individuals shall be deemed to satisfy the requirements of section 134 of such Act.”. "
(26)Omnibus crime control and safe streets act of 1968.—Section 1801(b)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by striking “part B of title IV of the Job Training Partnership Act or”.112 STAT. 2681–434
(27)Environmental programs assistance act of 1984.—The second sentence of section 2(a) of the Environmental Programs Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by striking “title IV of the Job Training Partnership Act or”.
(28)Domestic volunteer service act of 1973.—
(A)Section 103.—The second sentence of section 103(d) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953(d)) is amended to read as follows: “private industry council established under the Job Training Partnership Act or”.
(B)Section 109.—Subsections (c)(2) and (d)(2) of section 109 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4959) is amended by striking “administrative entities designated to administer job training plans under the Job Training Partnership Act and”.
(29)Energy conservation and production act.—Section 414(b)(3) of the Energy Conservation and Production Act (42 U.S.C. 6864(b)(3)) is amended by striking “the Job Training Partnership Act or”.
(30)National energy conservation policy act.—Section 233 of the National Energy Conservation Policy Act (42 U.S.C. 6873) is amended, in the matter preceding paragraph (1), by striking “the Job Training Partnership Act or”.
(31)Community economic development act of 1981.—Section 617(a)(3) of the Community Economic Development Act of 1981 (42 U.S.C. 9806(a)(3)) is amended by striking “the Job Training Partnership Act or”.
(32)Stewart b. mckinney homeless assistance act.—Section 103(b)(2) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11302(b)(2)) is amended by striking “the Job Training Partnership Act or”.
(33)National and community service act of 1990.—
(A)Section 198C.—Section 198C(e)(1)(B) of the National and Community Service Act of 1990 (42 U.S.C. 12653c(e)(1)(C)) is amended by striking clause
(iii)and inserting the following: " “(iii) an individual described in section 144 of the Workforce Investment Act of 1998.”. "
(B)Section 199L.—Section 199L(a) of the National and Community Service Act of 1990 (42 U.S.C. 12655m(a)) is amended by striking “the Job Training Partnership Act and”.
(34)Cranston-gonzalez national affordable housing act.—Subparagraphs
(H)and
(M)of subsection (c)(2), and subsection (d)(7), of section 454 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899c) are amended by striking “the Job Training Partnership Act and”.
(35)Violent crime control and law enforcement act of 1994.—Section 31113(a)(4)(C) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is amended by striking “the Job Training Partnership Act or”,
(g)Effective Dates.—[5 USC 3502 note](/us/usc/t5/s3502).
(1)Immediately effective amendments.—The amendments made by subsections
(a)through
(d)shall take effect on the date of the enactment of this Act.
(2)Subsequently effective amendments.—112 STAT. 2681–435
(A)Stewart b. mckinney homeless assistance act.—The amendments made by subsection
(e)shall take effect on July 1,1999.
(B)Job training partnership act.—The amendments made by subsection
(f)shall take effect on July 1, 2000.
(h)References.—
(1)In general.—Section 190 of the Workforce Investment Act of 1998 is amended to read as follows: " “SEC. 190.[29 USC 2940](/us/usc/t29/s2940). REFERENCES. “(a) References to Comprehensive Employment and Training Act.—Except as otherwise specified, a reference in a Federal law (other than a reference in a provision amended by the Reading Excellence Act) to a provision of the Comprehensive Employment and Training Act— “(1) effective on the date of enactment of this Act, shall be deemed to refer to the corresponding provision of the Job Training Partnership Act or of the Workforce Investment Act of 1998; and “(2) effective on July 1, 2000, shall be deemed to refer to the corresponding provision of the Workforce Investment Act of 1998. “(b) References to Job Training Partnership Act.—Except as otherwise specified, a reference in a Federal law (other than a reference in this Act or a reference in a provision amended by the Reading Excellence Act) to a provision of the Job Training Partnership Act— “(1) effective on the date of enactment of this Act, shall be deemed to refer to that provision or the corresponding provision of the Workforce Investment Act of 1998; and “(2) effective on July 1, 2000, shall be deemed to refer to the corresponding provision of the Workforce Investment Act of 1998.”. " (2)[29 USC 2940 note](/us/usc/t29/s2940). Effective date.—The amendment made by paragraph
(1)shall take effect as if included in the Workforce Investment Act of 1998.
(3)Conforming amendment.—Section 199A of such Act [29 USC 2940 note](/us/usc/t29/s2940).is amended by striking subsection
(c)" “SUBTITLE VIII—AMENDMENT TO WORKFORCE INVESTMENT ACT OF 1998”. Section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended by adding at the end the following new subsection: “(e) Additional Assistance.— “(1) In general.—From the amount appropriated and made available to carry out this section for any program year, the Secretary shall use not more than $15,000,000 to make grants to not more than 8 States to provide employment and training activities under section 134, in accordance with subtitle B. “(2) Eligible states.—The Secretary shall make a grant under paragraph
(1)to a State for a program year if— “(A)(i) the amount of the allotment that would be made to the State for the program year under the formula specified in section 202(a) of the Job Training Partnership Act, as in effect on July 1,1998; is greater than 112 STAT. 2681–436"(ii) the amount of the allotment that would be made to the State for the program year under the formula specified in section 132(b)(1)(B); and “(B) the State is 1 of the 8 States with the greatest quotient obtained by dividing— “(i) the amount described in subparagraph (A)(i); by “(ii) the amount described in subparagraph (A)(ii). “(3) Amount of grants.—Subject to paragraph (1), the amount of the grant made under paragraph
(1)to a State for a program year shall be based on the difference between— “(A) the amount of the allotment that would be made to the State for the program year under the formula specified in section 202(a) of the Job Training Partnership Act, as in effect on July 1,1998; and “(B) the amount of the allotment that would be made to the State for the program year under the formula specified in section 132(b)(1)(B). “(4) Allocation of funds.—A State that receives a grant under paragraph
(1)for a program year— “(A) shall allocate funds made available through the grant on the basis of the formula used by the State to allocate funds within the State for that program year under— “(i) paragraph (2)(A) or
(3)of section 133(b); or “(ii) paragraph (2)(B) of section 133(b); and “(B) shall use the funds in the same manner as the State uses other funds allocated under the appropriate paragraph of section 133(b).”. " TITLE IX—WOMEN’S HEALTH AND CANCER RIGHTSWomen’s Health and Cancer Rights Act of 1998.[42 USC 201 note](/us/usc/t42/s201). SEC. 901. SHORT TITLE. This title may be cited as the “Women’s Health and Cancer Rights Act of 1998”. SEC. 902. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
(a)In General.—Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: " “SEC. 713. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES.[29 USC 1185b](/us/usc/t29/s1185/b). “(a) In General.—A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits with respect to a mastectomy shall provide, in a case of a participant or beneficiary who is receiving benefits in connection with a mastectomy and who elects breast reconstruction in connection with such mastectomy, coverage for— “(1) all stages of reconstruction of the breast on which the mastectomy has been performed;112 STAT. 2681–437 “(2) surgery and reconstruction of the other breast to produce a symmetrical appearance; and “(3) prostheses and physical complications of mastectomy, including lymphedemas; in a manner determined in consultation with the attending physician and the patient. Such coverage may be subject to annual deductibles and coinsurance provisions as may be deemed appropriate and as are consistent with those established for other benefits under the plan or coverage. Written notice of the availability of such coverage shall be delivered to the participant upon enrollment and annually thereafter. “(b) Notice.—A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted— “(1) in the next mailing made by the plan or issuer to the participant or beneficiary; “(2) as part of any yearly informational packet sent to the participant or beneficiary; or “(3) not later than January 1, 1999; whichever is earlier. “(c) Prohibitions.—A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not— “(1) deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; and “(2) penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide incentives (monetary or otherwise) to an attending provider, to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. “(d) Rule of Construction.—Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. “(e) Preemption, Relation to State Laws.— “(1) In general.—Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of reconstructive breast surgery otherwise required under this section. “(2) ERISA.—Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.”. "
(b)Clerical Amendment.—The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 712 the following new item: " “Sec. 713. Required coverage reconstructive surgery following mastectomies.”.112 STAT. 2681–438 "
(c)Effective Dates.—[29 USC 1185b note](/us/usc/t29/s1185/b).
(1)In general.—The amendments made by this section shall apply with respect to plan years beginning on or after the date of enactment of this Act.
(2)Special rule for collective bargaining agreements.—In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 903. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a)Group Market.—Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–4 et seq.) is amended by adding at the end the following new section: " “SEC. 2706. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES.[42 USC 300gg–6](/us/usc/t42/s300/gg). “The provisions of section 713 of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers providing health insurance coverage in connection with group health plans, as if included in this subpart.”. "
(b)Individual Market.—Subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–51 et seq.) is amended by adding at the end the following new section: " “SEC. 2752. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMIES.[42 USC 300gg–52](/us/usc/t42/s300/gg). “The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.”. "
(c)Effective Dates.—
(1)Group plans.—[42 USC 300gg–6 note](/us/usc/t42/s300/gg).
(A)In general.—The amendment made by subsection
(a)shall apply to group health plans for plan years beginning on or after the date of enactment of this Act.
(B)Special rule for collective bargaining agreements.—In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendment made by subsection
(a)shall not be treated as a termination of such collective bargaining agreement.
(2)Individual plans.—The amendment made by subsection[42 USC 300gg–52 note](/us/usc/t42/s300/gg).
(b)shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act.112 STAT. 2681–439 This Act may be cited as the “Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1999”.
(g)For programs, projects or activities in the Department of Transportation 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: " Department of Transportation and Related Agencies Appropriations Act, 1999.AN ACT Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1999, and for other purposes " TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY Immediate Office of the Secretary For necessary expenses of the Immediate Office of the Secretary, $1,624,000. Immediate Office of the Deputy Secretary For necessary expenses of the Immediate Office of the Deputy Secretary, $585,000. Office of the General Counsel For necessary expenses of the Office of the General Counsel, $8,750,000. Office of the Assistant Secretary For Policy For necessary expenses of the Office of the Assistant Secretary for Policy, $2,808,000. Office of the Assistant Secretary for Aviation And International Affairs For necessary expenses of the Office of the Assistant Secretary for Aviation and International Affairs, $7,650,300: *Provided,* That notwithstanding any other provision of law, there may be credited to this appropriation up to $1,000,000 in funds received in user fees. Office of the Assistant Secretary for Budget And Programs For necessary expenses of the Office of the Assistant Secretary for Budget and Programs, $6,349,000, including not to exceed $40,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine. Office of the Assistant Secretary for Governmental Affairs For necessary expenses of the Office of the Assistant Secretary for Governmental Affairs, $1,940,600.112 STAT. 2681–440 Office of the Assistant Secretary for Administration For necessary expenses of the Office of the Assistant Secretary for Administration, $19,721,600. Office of Public Affairs For necessary expenses of the Office of Public Affairs, $1,565,500. Executive Secretariat For necessary expenses of the Executive Secretariat, $1,046,900. Board Of Contract Appeals For necessary expenses of the Board of Contract Appeals, $561,100. Office of Small and Disadvantaged Business Utilization For necessary expenses of the Office of Small and Disadvantaged Business Utilization, $1,020,400. Office of Intelligence and Security For necessary expenses of the Office of Intelligence and Security, $1,036,100. Office of the Chief Information Officer For necessary expenses of the Office of the Chief Information Officer, $4,874,600. Office of Intermodalism For necessary expenses of the Office of Intermodalism, $956,900. Office of Civil Rights For necessary expenses of the Office of Civil Rights, $6,966,000. Transportation Planning, Research, and Development For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $9,000,000. Transportation Administrative Service Center Necessary expenses for operating costs and capital outlays of the Transportation Administrative Service Center, not to exceed $124,124,000, shall be paid from appropriations made available to the Department of Transportation: *Provided,* That the preceding limitation shall not apply to activities associated with departmental Year 2000 conversion activities: *Provided further,* That such services shall be provided on a competitive basis to entities within the Department of Transportation: *Provided further,* That the above 112 STAT. 2681–441limitation on operating expenses shall not apply to non-DOT entities: *Provided further,* That no funds appropriated in this Act to an agency of the Department shall be transferred to the Transportation Administrative Service Center without the approval of the agency modal administrator: *Provided further,* That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. Minority Business Resource Center For the cost of direct loans, $1,500,000, as authorized by 49 U.S.C. 332: *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 not to exceed $13,775,000. In addition, for administrative expenses to carry out the direct loan program, $400,000. Minority Business Outreach For necessary expenses of Minority Business Resource Center outreach activities, $2,900,000, of which $2,635,000 shall remain available until September 30, 2000: *Provided,* That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities related to any mode of transportation. COAST GUARD Operating Expenses (including transfers of funds) For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed five passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare; $2,700,000,000, of which $300,000,000 shall be available for defense-related activities; and of which $25,000,000 shall be derived from the Oil Spill Liability Trust Fund: *Provided,* That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: *Provided further,* That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109, except to the extent fees are collected from yacht owners and credited to this appropriation: *Provided further,* That the Commandant shall reduce both military and civilian employment levels for the purpose of complying with Executive Order No. 12839: *Provided further,* That up to $615,000 in user fees collected pursuant to section 1111 of Public Law 104–324 shall be credited to this appropriation as offsetting collections in fiscal year 1999: *Provided further,* That the Secretary may transfer funds to this account, from Federal Aviation Administration “Operations”, not to exceed $71,705,000 in total for the fiscal year, 112 STAT. 2681–442fifteen days after written notification to the House and Senate Committees on Appropriations, solely for the purpose of providing additional funds for drug interdiction activities: *Provided further,* That none of the funds in this Act shall be available for the Coast Guard to plan, finalize, or implement any regulation that would promulgate new maritime user fees not specifically authorized by law after the date of enactment of this Act. Acquisition, Construction, and Improvements (including transfers of funds) For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $395,465,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund; of which $219,923,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment, to remain available until September 30, 2003; $35,700,000 shall be available to acquire new aircraft and increase aviation capability, to remain available until September 30, 2001; $36,569,000 shall be available for other equipment, to remain available until September 30, 2001; $54,823,000 shall be available for shore facilities and aids to navigation facilities, to remain available until September 30, 2001; and $48,450,000 shall be available for personnel compensation and benefits and related costs, to remain available until September 30, 2000: *Provided,* That funds received from the sale of HU–25 aircraft shall be credited to this appropriation for the purpose of acquiring new aircraft and increasing aviation capacity: *Provided further,* That the Commandant may dispose of surplus real property by sale or lease and the proceeds shall be credited to this appropriation, of which not more than $1,000,000 shall be credited as offsetting collections to this account, to be available for the purposes of this account: *Provided further,* That the amount herein appropriated from the General Fund shall be reduced by such amount: *Provided further,* That any proceeds from the sale or lease of Coast Guard surplus real property in excess of $1,000,000 shall be retained and remain available until expended, but shall not be available for obligation until October 1, 1999: *Provided further,* That the Secretary, with funds made available under this heading, acting through the Commandant, may enter into a long-term Use Agreement with the City of Homer for dedicated pier space on the Homer dock necessary to support Coast Guard vessels when such vessels call on Homer, Alaska. Environmental Compliance and Restoration For necessary expenses to carry out the Coast Guard’s environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $21,000,000, to remain available until expended. Alteration of Bridges For necessary expenses for alteration or removal of obstructive bridges, $14,000,000, to remain available until expended.112 STAT. 2681–443 Retired Pay For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), $684,000,000. Reserve Training (including transfer of funds) For all necessary expenses of the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $69,000,000: *Provided,* That no more than $20,000,000 of funds made available under this heading may be transferred to Coast Guard “Operating expenses” or otherwise made available to reimburse the Coast Guard for financial support of the Coast Guard Reserve: *Provided further,* That none of the funds in this Act may be used by the Coast Guard to assess direct charges on the Coast Guard Reserves for items or activities which were not so charged during fiscal year 1997. Research, Development, Test, and Evaluation For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $12,000,000, to remain available until expended, of which $3,500,000 shall be derived from the Oil Spill Liability Trust Fund: *Provided,* That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation. FEDERAL AVIATION ADMINISTRATION Operations Notwithstanding any other provision of law, for necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, and carrying out the provisions of subchapter I of chapter 471 of title 49, United States Code, or other provisions of law authorizing the obligation of funds for similar programs of airport and airway development or improvement, lease or purchase of passenger motor vehicles for replacement only in addition to amounts made available by Public Law 104–264, $5,562,558,000 of which $4,112,174,000 shall be derived from the Airport and Airway Trust Fund: *Provided,* That none of the funds in this Act shall be available for the Federal Aviation Administration to plan, finalize, or implement any regulation that would promulgate new aviation user 112 STAT. 2681–444fees not specifically authorized by law after the date of enactment of this Act: *Provided further,* That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: *Provided further,* That of the funds appropriated under this heading, $6,000,000 shall be for the contract tower cost-sharing program: *Provided further,* That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: *Provided further,* That none of the funds in this Act shall be available for new applicants for the second career training program: *Provided further,* That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: *Provided further,* That none of the funds in this Act may be obligated or expended to operate a manned auxiliary flight service station in the contiguous United States: *Provided further,* That no more than $28,600,000 of funds appropriated to the Federal Aviation Administration in this Act may be used for activities conducted by, or coordinated through, the Transportation Administrative Service Center (TASC): *Provided further,* That none of the funds in this Act may be used for the Federal Aviation Administration to enter into a multiyear lease greater than five years in length or greater than $100,000,000 in value unless such lease is specifically authorized by the Congress and appropriations have been provided to fully cover the Federal Government’s contingent liabilities: *Provided further,* That none of the funds in this Act may be used for the Federal Aviation Administration
(FAA)to sign a lease for satellite services related to the global positioning system
(GPS)wide area augmentation system until the administrator of the FAA certifies in writing to the House and Senate Committees on Appropriations that FAA has conducted a lease versus buy analysis which indicates that such lease will result in the lowest overall cost to the agency. Facilities and Equipment (airport and airway trust fund) Notwithstanding any other provision of law, for necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; and construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this head; to be derived from the Airport and Airway Trust Fund, $1,900,000,000, of which $1,652,000,000 shall remain 112 STAT. 2681–445available until September 30, 2001, and of which $248,000,000 shall remain available until September 30, 1999: *Provided,* That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: *Provided further,* That none of the funds in this Act or any other Act making appropriations for fiscal year 1999 may be obligated for bulk explosive detection systems until 30 days after the FAA Administrator certifies to the House and Senate Committees on Appropriations, in writing, that the major air carriers responsible for providing aircraft security at Category X airports have agreed to:
(1)begin assuming the operation and maintenance costs of such machines beginning in fiscal year 1999; and
(2)substantially increase the usage of such machines above the level experienced as of April 1, 1998: *Provided further,* That none of the funds provided under this heading for “Next Generation Navigation Systems” may be obligated or expended for activities related to phase two or phase three of the wide area augmentation system. Research, Engineering, and Development (airport and airway trust fund) Notwithstanding any other provision of law, for necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $150,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2001: *Provided,* That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering, and development. Grants-in-Aid for Airports (liquidation of contract authorization) (airport and airway trust fund) Notwithstanding any other provision of law, for liquidation of obligations incurred for grants-in-aid for airport planning and development, and for noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations, $1,600,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: *Provided,* That none of the funds in this Act shall be available for the planning or execution of programs the obligations for which are in excess of $1,950,000,000 in fiscal year 1999 for grants-in-aid for airport planning and development, and noise compatibility planning and programs, notwithstanding section 47117(h) of title 49, United States Code: *Provided further,* That no more than $975,000,000 of funds limited under this heading may be obligated prior to the enactment of a bill extending contract 112 STAT. 2681–446authorization for the Grants-in-Aid for Airports program to the third and fourth quarters of fiscal year 1999. Aviation Insurance Revolving Fund The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to 49 U.S.C. 44307, and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program for aviation insurance activities under chapter 443 of title 49, United States Code. Aircraft Purchase Loan Guarantee Program None of the funds in this Act shall be available for activities[49 USC 40113 note](/us/usc/t49/s40113). under this heading during fiscal year 1999. FEDERAL HIGHWAY ADMINISTRATION Limitation on General Operating Expenses Necessary expenses for administration and operation of the Federal Highway Administration not to exceed $327,413,000 shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: *Provided further,* That $53,375,000 shall be available to carry out the functions and operations of the office of motor carriers. Federal-Aid Highways (limitation on obligations) (highway trust fund) None of the funds in this Act shall be available for the[23 USC 104 note](/us/usc/t23/s104). implementation or execution of programs, the obligations for which are in excess of $25,511,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 1999: *Provided,* That, notwithstanding any other provision of law, within the $25,511,000,000 obligation limitation on Federal-aid highways and highway safety construction programs, not more than $200,000,000 shall be available for the implementation or execution of programs for Intelligent Transportation Systems (Sections 5204, 5205, 5206, 5207, 5208, and 5209 of Public Law 105–178) for fiscal year 1999; not more than $178,150,000 shall be available for the implementation or execution of programs for transportation research (Sections 502, 503, 504, 506, 507, and 508 of title 23, United States Code, as amended; section 5505 of title 49, United States Code, as amended; and section 5112 of Public Law 105–178) for fiscal year 1999; not more than $38,000,000 shall be available for the implementation or execution of programs for Ferry Boat and Ferry Terminal Facility Program (Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) as amended)) for fiscal year 1999; not more than $15,000,000 shall be available for the implementation or execution of programs for the Magnetic Levitation Transportation Technology Deployment 112 STAT. 2681–447Program (Section 1218 of Public Law 105–178) for fiscal year 1999, of which not to exceed $500,000 shall be available to the Federal Railroad Administration for administrative expenses and technical assistance in connection with such program; not more than $31,000,000 shall be available for the implementation or execution of programs for the Bureau of Transportation Statistics (Section 111 of title 49, United States Code) for fiscal year 1999: *Provided further,* That notwithstanding any other provision of law, within the $25,511,000,000 obligation limitation, $4,000,000 of the amounts made available as contract authority under section 1221(e) of the Transportation Equity Act for the 21st Century (Public Law 105–178) shall be made available to carry out section 5113 of that Act: *Provided further,* That within the $200,000,000 obligation limitation on Intelligent Transportation Systems, not less than the following sums shall be made available for Intelligent Transportation system projects in the following specified areas: Amherst, Massachusetts, $1,000,000; Arlington County, Virginia, $750,000; Atlanta, Georgia, $2,000,000; Brandon, Vermont, $375,000; Buffalo, New York, $500,000; Centre Valley, Pennsylvania, $500,000; Cleveland, Ohio, $1,000,000; Columbus, Ohio, $1,000,000; Corpus Christi, Texas, $900,000; Dade County, Florida, $1,000,000; Del Rio, Texas, $1,000,000; Delaware River, Pennsylvania, $1,000,000; Fairfield, California, $1,000,000; Fitchburg, Massachusetts, $500,000; Greater metropolitan capital region, DC, $5,000,000; Hammond, Louisiana, $4,000,000; Houston, Texas, $2,000,000; Huntington Beach, California, $1,000,000; Huntsville, Alabama, $1,000,000; Inglewood, California, $1,500,000; Jackson, Mississippi, $1,000,000; Kansas City, Missouri, $500,000; Laredo, Texas, $1,000,000; Middlesboro, Kentucky, $3,000,000; Mission Viejo, California, $1,000,000; Mobile, Alabama, $2,500,000; Monroe County, New York, $400,000; Montgomery, Alabama $1,250,000; Nashville, Tennessee, $500,000; New Orleans, Louisiana, $1,500,000; New York City, New York, $2,500,000; New York/Long Island, New York, $2,300,000; Oakland County, Michigan, $1,000,000; Onandaga County, New York, $400,000; Port Angeles, Washington, $500,000; Raleigh-Wake County, North Carolina, $2,000,000; Riverside, California, $1,000,000; San Francisco, California, $1,500,000; Scranton, Pennsylvania, $1,000,000; Silicon Valley, California, $1,500,000; Spokane, Washington, $450,000;112 STAT. 2681–448 Springfield, Virginia, $500,000; St. Louis, Missouri, $750,000; State of Alaska, $1,500,000; State of Idaho, $1,000,000; State of Maryland, $2,500,000; State of Minnesota, $7,100,000; State of Mississippi, $1,000,000; State of Missouri, $500,000; State of Montana, $700,000; State of Nevada, $575,000; State of New Jersey, $3,000,000; State of New Mexico, $1,000,000; State of New York, $2,500,000; State of North Dakota, $1,450,000; Commonwealth of Pennsylvania, $14,000,000; State of Texas, $1,000,000; State of Utah, $3,600,000; State of Washington, $2,000,000; State of Wisconsin, $1,500,000; Temucula, California, $250,000; Tucson, Arizona, $1,000,000; Volusia County, Florida, $1,000,000; Warren County, Virginia, $250,000; Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, $1,000,000; Westchester and Putnam Counties, New York, $500,000; and White Plains, New York, $1,000,000. Federal-Aid Highways (liquidation of contract authorization) (highway trust fund) Notwithstanding any other provision of law, for carrying out the provisions of title 23, U.S.C., that are attributable to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of 23 U.S.C. 308, $24,000,000,000 or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended. Motor Carrier Safety Grants (liquidation of contract authorization) (highway trust fund) Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 31102, $100,000,000, to be derived from the Highway Trust Fund and to remain available until expended: *Provided,* That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $100,000,000 for “Motor Carrier Safety Grants”.112 STAT. 2681–449 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Operations and Research (highway trust fund) For expenses necessary to discharge the functions of the Secretary, to be derived from the Highway Trust Fund, $87,400,000 for traffic and highway safety under chapter 301 of title 49, U.S.C., and part C of subtitle VI of title 49, U.S.C., of which $58,558,000 shall remain available until September 30, 2001: *Provided,* That none of the funds appropriated by this Act may be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49 of the Code of Federal Regulations any requirement pertaining to a grading standard that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect. Operations and Research (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, to remain available until expended, $72,000,000, to be derived from the Highway Trust Fund: *Provided,* That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 1999, are in excess of $72,000,000 for programs authorized under 23 U.S.C. 403. National Driver Register (highway trust fund) For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter 303 of title 49, United States Code, $2,000,000 to be derived from the Highway Trust Fund, and to remain available until expended. Highway Traffic Safety Grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 410, and 411 to remain available until expended, $200,000,000, to be derived from the Highway Trust Fund: *Provided,* That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 1999, are in excess of $200,000,000 for programs authorized under 23 U.S.C. 402, 405, 410, and 411 of which 112 STAT. 2681–450$150,000,000 shall be for “Highway Safety Programs” under 23 U.S.C. 402, $10,000,000 shall be for “Occupant Protection Incentive Grants” under 23 U.S.C. 405, $35,000,000 shall be for “Alcohol-Impaired Driving Countermeasures Grants” under 23 U.S.C. 410, $5,000,000 shall be for the “State Highway Safety Data Grants” under 23 U.S.C. 411: *Provided further,* That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local, or private buildings or structures: *Provided further,* That not to exceed $7,500,000 of the funds made available for section 402, not to exceed $500,000 of the funds made available for section 405, not to exceed $1,750,000 of the funds made available for section 410, and not to exceed $193,000 of the funds made available for section 411 shall be available to NHTSA for administering highway safety grants under Chapter 4 of title 23, U.S.C.: *Provided further,* That not to exceed $500,000 of the funds made available for section 410 “Alcohol-Impaired Driving Countermeasures Grants” shall be available for technical assistance to the States. FEDERAL RAILROAD ADMINISTRATION Office of the Administrator For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $21,215,000, of which $1,784,000 shall remain available until expended: *Provided,* That, as part of the[40 USC 817 note](/us/usc/t40/s817). Washington Union Station transaction in which the Secretary assumed the first deed of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary’s behalf, including payments on and after September 30, 1988, the Secretary is authorized to receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds: *Provided further,* That such additional sums as may be necessary for payment on the first deed of trust may be advanced by the Administrator from unobligated balances available to the Federal Railroad Administration, to be reimbursed from payments received from the Union Station Redevelopment Corporation. Railroad Safety For necessary expenses in connection with railroad safety, not otherwise provided for, $61,488,000, of which $3,825,000 shall remain available until expended: *Provided,* That notwithstanding any other provision of law, funds appropriated under this heading are available for the reimbursement of out-of-state travel and per diem costs incurred by employees of State governments directly supporting the Federal railroad safety program, including regulatory development and compliance-related activities. Railroad Research and Development For necessary expenses for railroad research and development, $22,364,000, to remain available until expended: *Provided,* That the Secretary is authorized to sell aluminum reaction rail, power rail base, and other related materials located at the Transportation 112 STAT. 2681–451Technology Center, near Pueblo, Colorado, and shall credit the receipts from such sale to this account, notwithstanding 31 U.S.C. 3302, to remain available until expended. Railroad Rehabilitation and Improvement Program The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: *Provided,* That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 1999. Next Generation High-Speed Rail For necessary expenses for the Next Generation High-Speed Rail program as authorized under 49 United States Code sections 26101 and 26102, $20,494,000, to remain available until expended. Alaska Railroad Rehabilitation To enable the Secretary of Transportation to make grants to the Alaska Railroad, $10,000,000 shall be for capital rehabilitation and improvements benefiting its passenger operations. Rhode Island Rail Development For the costs associated with construction of a third track on the Northeast Corridor between Davisville and Central Falls, Rhode Island, with sufficient clearance to accommodate double stack freight cars, $5,000,000 to be matched by the State of Rhode Island or its designee on a dollar-for-dollar basis and to remain available until expended. Capital Grants to the National Railroad Passenger Corporation For necessary expenses of capital improvements of the National Railroad Passenger Corporation as authorized by U.S.C. 24104(a), $609,230,000, to remain available until expended. FEDERAL TRANSIT ADMINISTRATION Administrative Expenses For necessary administrative expenses of the Federal Transit Administration’s programs authorized by chapter 53 of title 49, United States Code, $10,800,000, to remain available until expended: *Provided,* That no more than $54,000,000 of budget authority shall be available for these purposes: *Provided further,* That of the funds in this Act available for the execution of contracts under section 5327(c) of title 49, United States Code, $800,000 shall be transferred to the Department of Transportation Inspector 112 STAT. 2681–452General for costs associated with the audit and review of new fixed guideway systems. Formula Grants For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 5311, 5327, and section 3038 of Public Law 105–178, $570,000,000, to remain available until expended: *Provided,* That no more than $2,850,000,000 of budget authority shall be available for these purposes: *Provided further,* That notwithstanding section 3008 of Public Law 105–178, the $50,000,000 to carry out 49 U.S.C. 5308 shall be transferred to and merged with funding provided for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities under “Federal Transit Administration, Capital investment grants”. University Transportation Research For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to remain available until expended: *Provided,* That no more than $6,000,000 of budget authority shall be available for these purposes. Transit Planning and Research For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $19,800,000, to remain available until expended: *Provided,* That no more than $98,000,000 of budget authority shall be available for these purposes: *Provided further,* That $5,250,000 is available to provide rural transportation assistance (49 U.S.C. 5311(b)(2)); $4,000,000 is available to carry out programs under the National Transit Institute (49 U.S.C. 5315); $8,250,000 is available to carry out transit cooperative research programs (49 U.S.C. 5313(a)); $43,841,600 is available for metropolitan planning (49 U.S.C. 5303, 5304, and 5305); $9,158,400 is available for state planning (49 U.S.C. 5313(b)); and $27,500,000 is available for the national planning and research program (49 U.S.C. 5314): *Provided further,* That of the total budget authority made available for the national planning and research program, the Federal Transit Administration shall provide the following amounts for the projects and activities listed below: City of Branson, MO congestion study, $450,000; Skagit County, WA North Sound connecting communities project, Skagit County Council of Governments, $50,000; Desert air quality comprehensive analysis, Las Vegas, NV, $1,000,000; Vegetation control on rail rights-of-way survey, $250,000; Zinc-air battery bus technology demonstration, $1,500,000; North Orange-South Seminole County, FL fixed guideway technology, $750,000; Galveston, TX fixed guideway activities, $750,000; Washoe County, NV transit technology, $1,250,000; Massachusetts Bay Transit Authority advanced electric transit buses and related infrastructure, $1,500,000; Palm Springs, CA fuel cell buses, $1,000,000; Gloucester, MA intermodal technology center, $1,500,000; Southeastern Pennsylvania Transit Authority advanced propulsion control system, $2,000,000;112 STAT. 2681–453 Project ACTION, $3,000,000; Advanced transportation and alternative fuel vehicle technology consortium (CALSTART), $2,000,000; Rural transportation assistance program, $750,000; JOBLINKS, $1,000,000; Fleet operations, including bus rapid transit, $1,500,000; Northern tier community transportation, Massachusetts, $500,000; Hennepin County community transportation, Minnesota, $1,000,000; and Seattle, Washington livable city, $200,000. Trust Fund Share of Expenses (liquidation of contract authorization) (highway trust fund) Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310– 5315, 5317(b), 5322, 5327. 5334, 5505, and sections 3037 and 3038 of Public Law 105–178, $4,251,800,000, to remain available until expended and to be derived from the Mass Transit Account of the Highway Trust Fund: *Provided,* That $2,280,000,000 shall be paid to the Federal Transit Administration’s formula grants account: *Provided further,* That $78,200,000 shall be paid to the Federal Transit Administration’s transit planning and research account: *Provided further,* That $43,200,000 shall be paid to the Federal Transit Administration’s administrative expenses account: *Provided further,* That $4,800,000 shall be paid to the Federal Transit Administration’s university transportation research account: *Provided further,* That $40,000,000 shall be paid to the Federal Transit Administration’s job access and reverse commute grants program: *Provided further,* That $1,805,600,000 shall be paid to the Federal Transit Administration’s Capital Investment rants account. Capital Investment Grants (including transfer of funds) For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 5327, $451,400,000, to remain available until expended: *Provided,* That no more than $2,257,000,000 of budget authority shall be available for these purposes: *Provided further,* That notwithstanding any other provision of law, there shall be available for fixed guideway modernization, $902,800,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities, $451,400,000, together with $50,000,000 transferred from “Federal Transit Administration, Formula grants”, to be available for the following projects in amounts specified below: *No.* *State* *Project* *Conference* *1* *Alaska* *Anchorage Ship Creek intermodal facility* *$4,300,000* *2* *Alaska* *Fairbanks intermodal rail/bus transfer facility* *2,000,000* *3* *Alaska* *North Slope Borough buses* *500,000* *4* *Alaska* *Whittier intermodal facility and pedestrian over-pass* *700,000* 112 STAT. 2681–454 *No.* *State* *Project* *Conference* *5* *Alabama* *Birmingham intermodal facility* *2,000,000* *6* *Alabama* *Birmingham-Jefferson County, buses* *1,250,000* *7* *Alabama* *Dothan Wiregrass Transit Authority demand response shuttle vehicles and transit facility* *500,000* *8* *Alabama* *Huntsville, intermodal space centers* *5,000,000* *9* *Alabama* *Huntsville, transit facility* *1,000,000* *10* *Alabama* *Jasper buses* *50,000* *11* *Alabama* *Lee-Russell Council buses* *790,000* *12* *Alabama* *Mobile, GM&O building* *5,000,000* *13* *Alabama* *Montgomery Union Station intermodal center and buses* *5,000,000* *14* *Alabama* *Pritchard, bus transfer facility* *500,000* *15* *Alabama* *Tuscaloosa, intermodal center* *1,950,000* *16* *Alabama* *University of North Alabama pedestrian walkways* *800,000* *17* *Arkansas* *Arkansas Highway and Transit Department buses* *200,000* *18* *Arkansas* *Fayetteville, University of Arkansas Transit System buses* *500,000* *19* *Arkansas* *Hot Springs, transportation depot and plaza* *560,000* *20* *Arkansas* *Little Rock, Central Arkansas Transit buses* *300,000* *21* *Arkansas* *Statewide bus needs* *1,500,000* *22* *Arizona* *Phoenix bus and bus facilities* *4,000,000* *23* *Arizona* *Tucson alternatively fueled buses* *2,000,000* *24* *Arizona* *Tucson intermodal facility* *1,000,000* *25* *California* *Central Contra Costa County transit vans* *200,000* *26* *California* *Culver City, CityBus buses* *1,250,000* *27* *California* *Davis, Unitrans transit maintenance facility* *625,000* *28* *California* *Davis / Sacramento area hydrogen bus technology program* *950,000* *29* *California* *Folsom multimodal facility* *1,000,000* *30* *California* *Healdsburg, intermodal facility* *1,000,000* *31* *California* *Humboldt, intermodal facility* *1,000,000* *32* *California* *Huntington Beach buses* *200,000* *33* *California* *1–5 corridor intermodal transit centers* *2,500,000* *34* *California* *Lake Tahoe intermodal transit center* *500,000* *35* *California* *Livermore automatic vehicle locator program* *1,000,000* *36* *California* *Los Angeles County Metropolitan transportation authority buses* *3,000,000* *37* *California* *Los Angeles Foothills Transit maintenance facility* *1,000,000* *38* *California* *Los Angeles municipal transit operators consortium* *2,500,000* *39* *California* *Los Angeles, Union Station Gateway Intermodal Transit Center* *1,250,000* *40* *California* *Modesto, bus maintenance facility* *1,355,000* *41* *California* *Monterey, Monterey-Salinas buses* *625,000* *42* *California* *Morongo Basin, Transit Authority bus facility* *650,000* *43* *California* *North San Diego County transit district buses* *1,750,000* *44* *California* *Perris, bus maintenance facility* *1,250,000* *45* *California* *Riverside Transit Agency buses and facilities and ITS applications* *1,000,000* *46* *California* *Sacramento, CNG buses* *1,250,000* *47* *California* *San Bernardino buses* *1.000,000* *48* *California* *San Diego City College multimodal center (12th Avenue / College Station)* *1,000,000* *49* *California* *San Fernando Valley smart shuttle buses* *300,000* *50* *California* *San Francisco, Islais Creek maintenance facility* *1,250,000* *51* *California* *San Joaquin (Stockton) buses and bus facilities* *1,000,000* *52* *California* *Santa Clara Valley Transportation Authority buses and bus facilities* *1,000,000* *53* *California* *Santa Clarita transit maintenance facility* *2,250,000* *54* *California* *Santa Cruz metropolitan bus facilities* *625,000* *55* *California* *Santa Cruz transit facility* *1,000,000* *56* *California* *Santa Rosal Cotati, and Rohnert Park facilities* *750,000* *57* *California* *Santa Rosa/Cotati, intermodal transportation facilities* *750,000* *58* *California* *Solano Links intercity transit consortium* *1,000,000* *59* *California* *Ukiah Transit Center* *500,000* *60* *California* *Windsor, Intermodal Facility* *750,000* *61* *California* *Woodland Hills, Warner Center Transportation Hub* *325,000* 112 STAT. 2681–455 *No.* *State* *Project* *Conference* *62* *California* *Yolo County, bus facility* *1,200,000* *63* *Colorado* *Boulder / Denver, RTD buses* *625,000* *64* *Colorado* *Colorado buses and bus facilities* *6,800,000* *65* *Colorado* *Denver, Stapleton Intermodal Center* *1,250,000* *66* *Connecticut* *Hartford, Transportation Access Project* *800,000* *67* *Connecticut* *New Haven, bus facility* *2,250,000* *68* *Connecticut* *Norwich, buses* *2,250,000* *69* *Connecticut* *Waterbury, bus facility* *2,250,000* *70* *District / Columbia* *Fuel cell bus and bus facilities program (section 3015(b))* *4,850,000* *71* *District / Columbia* *Washington, D.C. Intermodal Transportation Center* *2,500,000* *72* *Delaware* *Delaware statewide buses* *1,000,000* *73* *Florida* *Broward County, buses* *1,000,000* *74* *Florida* *Clearwater multimodal facility* *2,500,000* *75* *Florida* *Daytona Beach, Intermodal Center* *2,500,000* *76* *Florida* *Gainesville buses and equipment* *1,500,000* *77* *Florida* *Jacksonville buses and bus facilities* *1,000,000* *78* *Florida* *Lakeland, Citrus Connection transit vehicles and related equipment* *1,250,000* *79* *Florida* *Lynx buses and bus facilities* *1,000,000* *80* *Florida* *Miami, bus security and surveillance* *1,000,000* *81* *Florida* *Miami Beach multimodal transit center* *1,000,000* *82* *Florida* *Miami Beach, Electric Shuttle Service* *750,000* *83* *Florida* *Miami-Dade, buses* *2,250,000* *84* *Florida* *Orlando, Intermodal Facility* *2,500,000* *85* *Florida* *Tampa Hartline buses* *1,250,000* *86* *Georgia* *Atlanta, MARTA buses* *12,000,000* *87* *Georgia* *Savannah / Chatham Area transit bus transfer centers and buses* *3,500,000* *88* *Hawaii* *Honolulu, bus facility and buses* *3,250,000* *89* *Illinois* *Illinois statewide buses and bus-related equipment* *6,800,000* *90* *Illinois* *Rock Island, buses* *2,500,000* *91* *Indiana* *City of East Chicago buses* *200,000* *92* *Indiana* *Gary, Transit Consortium buses* *1,250,000* *93* *Indiana* *Indianapolis, buses* *5,000,000* *94* *Indiana* *South Bend, Urban Intermodal Transportation Facility* *1,250,000* *95* *Iowa* *Fort Dodge, Intermodal Facility (Phase II)* *885,000* *96* *Iowa* *Iowa statewide buses and bus facilities* *3,000,000* *97* *Iowa* *Iowa /Illinois Transit Consortium bus safety and security* *1,000,000* *98* *Iowa* *Sioux City park and rule bus facility* *1,800,000* *99* *Kansas* *Johnson County bus maintenance/operations facility* *2,000,000* *100* *Kentucky* *Louisville, Kentucky University of Louisville and River City buses* *3,000,000* *101* *Kentucky* *Northern Kentucky Area Development District senior citizen buses* *100,000* *102* *Kentucky* *Owensboro buses* *200,000* *103* *Kentucky* *Southern and eastern Kentucky buses and bus facilities* *2,000,000* *104* *Louisiana* *Statewide buses and bus-related facilities* *11,000,000* *105* *Massachusetts* *Essex and Middlesex buses* *3,128,000* *106* *Massachusetts* *New Bedford/Fall River Mobile Access to health care* *250,000* *107* *Massachusetts* *Pittsfield intermodal center* *4,600,000* *108* *Massachusetts* *Springfield, Union Station* *1,250,000* *109* *Massachusetts* *Westfield intermodal center* *2,000,000* *110* *Massachusetts* *Worcester, Union Station Intermodal Transportation Center* *2,500,000* *111* *Maryland* *Maryland statewide bus facilities and buses* *10,000,000* *112* *Michigan* *Lansing, CATA bus technology improvements* *600,000* *113* *Michigan* *Michigan statewide buses* *10,000,000* *114* *Minnesota* *Duluth, Transit Authority community circulation vehicles* *1,000,000* *115* *Minnesota* *Duluth, Transit Authority intelligent transportation systems* *500,000* *116* *Minnesota* *Duluth, Transit Authority Transit Hub* *500,000* 112 STAT. 2681–456 *No.* *State* *Project* *Conference* *117* *Minnesota* *Northstar Corridor, Intermodal Facilities and buses* *6,000,000* *118* *Minnesota* *Twin Cities area metro transit buses and bus facilities* *9,500,000* *119* *Missouri* *Kansas City Union Station redevelopment* *2,500,000* *120* *Missouri* *OATS Transit* *2,500,000* *121* *Missouri* *Southwest Missouri State University park and ride facility* *1,000,000* *122* *Missouri* *St. Louis, Bi-state Intermodal Center* *1,250,000* *123* *Missouri* *Statewide bus and bus facilities* *4,500,000* *124* *Mississippi* *Harrison County multimodal center / hybrid electric shuttle buses* *1,900,000* *125* *Mississippi* *High Street, Jackson intermodal center* *2,000,000* *126* *Mississippi* *Jackson buses and facilities* *1,600,000* *127* *Montana* *Butte bus replacements* *1,500,000* *128* *Nevada* *Clark County Regional Transportation Commission buses and bus facilities* *2,615,000* *129* *Nevada* *Reno, RTC transit passenger and facility security improvements* *1,250,000* *130* *Nevada* *Washoe County, transit improvements* *2,250,000* *131* *New Hampshire* *Berlin Tri-County Community Action transit garage* *120,000* *132* *New Hampshire* *Carroll County transportation alliance buses* *200,000* *133* *New Hampshire* *Concord Area Transit buses* *750,000* *134* *New Hampshire* *Greater Laconia Transit Agency buses* *450,000* *135* *New Hampshire* *Keene HCS community care buses and equipment* *100,000* *136* *New Hampshire* *Lebanon advance transit buses* *150,000* *137* *New Hampshire* *Statewide transit systems* *1,000,000* *138* *New Jersey* *New Jersey Transit jitney shuttle buses* *1,750,000* *139* *New Jersey* *Newark, Morris & Essex Station access and buses* *1,250,000* *140* *New Jersey* *South Amboy. Regional Intermodal Transportation Initiative* *1,250,000* *141* *New Jersey* *Statewide alternatively fueled vehicles* *7,500,000* *142* *New Mexico* *Albuquerque, buses, paratransit vehicles, and bus facility* *3,750,000* *143* *New Mexico* *Northern New Mexico park and ride facilities* *2,000,000* *144* *New York* *Babylon, Intermodal Center* *1,250,000* *145* *New York* *Brookhaven Town, elderly and disabled buses and vans* *225,000* *146* *New York* *Brooklyn-Staten Island. Mobility Enhancement buses* *800,000* *147* *New York* *Broome County buses and fare collection equipment* *900,000* *148* *New York* *Buffalo, Auditorium Intermodal Center* *3,000,000* *149* *New York* *Dutchess County, Loop System buses* *521,000* *150* *New York* *East Hampton, elderly and disabled buses and vans* *100,000* *151* *New York* *Ithaca, TCAT bus technology improvements* *1,250,000* *152* *New York* *Long Beach central bus facility* *750,000* *153* *New York* *Long Island, CNG transit vehicles and facilities and bus replacement* *1,250,000* *154* *New York* *Mineola / Hicksville, LIRR Intermodal Centers* *1,250,000* *155* *New York* *Nassau County CNG buses* *1,000,000* *156* *New York* *New York City Midtown West Ferry Terminal* *1,500,000* *157* *New York* *New York, West 72nd St. Intermodal Station* *1,750,000* *158* *New York* *Niagara Frontier Transportation Authority Hublink* *500,000* *159* *New York* *Rensselaer intermodal bus facility* *1,000,000* *160* *New York* *Riverhead, elderly and disabled buses and vans* *125,000* *161* *New York* *Rochester central bus facility* *1,000,000* *162* *New York* *Rome, Intermodal Center* *400,000* *163* *New York* *Shelter Island, elderly and disabled buses and vans* *100,000* *164* *New York* *Smithtown, elderly and disabled buses and vans* *125,000* *165* *New York* *Southampton, elderly and disabled buses and vans* *125,000* *166* *New York* *Southold, elderly and disabled buses and vans* *100,000* *167* *New York* *Suffolk County, elderly and disabled buses and vans* *100,000* *168* *New York* *Syracuse CNG buses and facilities* *2,000,000* 112 STAT. 2681–457 *No.* *State* *Project* *Conference* *169* *New York* *Ulster County bus facilities and equipment* *1,000,000* *170* *New York* *Utica and Rome, bus facilities and buses* *500,000* *171* *New York* *Utica, Union Station* *2,100,000* *172* *New York* *Westchester County, Bee-Line transit system fareboxes* *979,000* *173* *New York* *Westchester County, Bee-Line transit system shuttle buses* *1,000,000* *174* *New York* *Westchester County, DOT articulated buses* *1,250,000* *175* *North Carolina* *Greensboro, Multimodal Center* *3,340,000* *176* *North Carolina* *Greensboro, Transit Authority buses* *1,500,000* *177* *North Carolina* *Greensboro, Transit Authority small buses and vans* *321,000* *178* *North Carolina* *Statewide buses and bus facilities* *5,000,000* *179* *North Dakota* *Statewide buses and bus-related facilities* *2,000,000* *180* *Ohio* *Cleveland, Triskett Garage bus maintenance facility* *625,000* *181* *Ohio* *Dayton, Multimodal Transportation Center* *625,000* *182* *Ohio* *Statewide buses and bus facilities* *12,000,000* *183* *Ohio* *Toledo Mud Hens transit center study* *200,000* *184* *Oklahoma* *Oklahoma statewide bus facilities and buses* *5,000,000* *185* *Oregon* *Lane County, Bus Rapid Transit* *4,400,000* *186* *Oregon* *Portland, Tri-Met buses* *1,750,000* *187* *Oregon* *Rogue Valley transit district bus purchase* *1,000,000* *188* *Oregon* *Salem area mass transit system buses* *1,000,000* *189* *Oregon* *Wilsonville, buses and shelters* *400,000* *190* *Pennsylvania* *Altoona bus testing facility (section 3009)* *3,000,000* *191* *Pennsylvania* *Altoona, Metro Transit Authority buses and transit system improvements* *842,000* *192* *Pennsylvania* *Altoona, Metro Transit Authority Logan Valley Mall Suburban Transfer Center* *80,000* *193* *Pennsylvania* *Altoona, Metro Transit Authority Transit Center improvements* *424,000* *194* *Pennsylvania* *Altoona, pedestrian crossover* *800,000* *195* *Pennsylvania* *Armstrong County-Mid-County, PA bus facilities and buses* *150,000* *196* *Pennsylvania* *Beaver County bus facility* *1,000,000* *197* *Pennsylvania* *Bradford County, Endless Mountain Transportation Authority buses* *1,000,000* *198* *Pennsylvania* *Cambria County, bus facilities and buses* *575,000* *199* *Pennsylvania* *Centre Area, Transportation Authority buses* *1,250,000* *200* *Pennsylvania* *Chambersburg, Transit Authority buses* *300,000* *201* *Pennsylvania* *Chambersburg, Transit Authority Intermodal Center* *1,000,000* *202* *Pennsylvania* *Chester County, Paoli Transportation Center* *1,000,000* *203* *Pennsylvania* *Crawford Area, Transportation buses* *500,000* *204* *Pennsylvania* *Erie, Metropolitan Transit Authority buses* *1,000,000* *205* *Pennsylvania* *Fayette County, Intermodal Facilities and buses* *1,270,000* *206* *Pennsylvania* *Lackawanna County, Transit System buses* *600,000* *207* *Pennsylvania* *Mercer County, buses* *750,000* *208* *Pennsylvania* *Monroe County, Transportation Authority buses* *1,000,000* *209* *Pennsylvania* *Philadelphia, Frankford Transportation Center* *5,000,000* *210* *Pennsylvania* *Philadelphia, Intermodal 30th Street Station* *1,250,000* *211* *Pennsylvania* *Philadelphia. Regional Transportation System for Elderly and Disabled* *750,000* *212* *Pennsylvania* *Reading, BARTA Intermodal Transportation Facility* *1,750,000* *213* *Pennsylvania* *Red Rose, Transit Bus Terminal* *1,000,000* *214* *Pennsylvania* *Robinson, Towne Center Intermodal Facility* *1,500,000* *215* *Pennsylvania* *Schuylkill County buses* *220,000* *216* *Pennsylvania* *Somerset County, bus facilities and buses* *175,000* *217* *Pennsylvania* *Towamencin Township, Intermodal Bus Transportation Center* *1,500,000* *218* *Pennsylvania* *Washington County, Intermodal Facilities* *630,000* *219* *Pennsylvania* *Westmoreland County, Intermodal Facility* *200,000* *220* *Pennsylvania* *Wilkes-Barre, Intermodal Facility* *1,250,000* *221* *Pennsylvania* *Williamsport, Bus Facility* *1,200,000* *222* *Puerto Rico* *San Juan Intermodal access* *950,000* *223* *Rhode Island* *Providence, buses and bus maintenance facility* *2,250,000* *224* *Rhode Island* *Rhode Island Public Transit Authority buses* *3,200.00* *225* *South Carolina* *Columbia Bus replacement* *1,100,000* 112 STAT. 2681–458 *No.* *State* *Project* *Conference* *226* *South Carolina* *Pee Dee buses and facilities* *1,250,000* *227* *South Carolina* *South Carolina statewide Virtual Transit Enterprise* *1,220,000* *228* *South Carolina* *Spartanburg buses and facilities* *1,000,000* *229* *South Dakota* *Computerized bus dispatch system, radios, money boxes, and lift replacements* *800,000* *230* *South Dakota* *Sioux Falls buses* *1,000,000* *231* *South Dakota* *South Dakota statewide bus facilities and buses* *3,500,000* *232* *Tennessee* *Statewide buses and bus facilities* *2,000,000* *233* *Texas* *Austin, buses* *2,250,000* *234* *Texas* *Brazos Transit Authority buses and facilities* *1,500,000* *235* *Texas* *Corpus Christi transit authority buses and facilities* *1,000,000* *236* *Texas* *Dallas Area Rapid transit buses* *2,750,000* *237* *Texas* *Fort Worth bus and paratransit vehicle project* *2,500,000* *238* *Texas* *Galveston buses and bus facilities* *1,000,000* *239* *Texas* *Texas statewide small urban and rural buses* *6,000,000* *240* *Utah* *Ogden, Intermodal Center* *800,000* *241* *Utah* *Utah Hybrid electric vehicle bus purchase* *1,500,000* *242* *Utah* *Utah Transit Authority, Intermodal Facilities* *1,500,000* *243* *Utah* *Utah Transit Authority / Park City Transit, buses* *6,500,000* *244* *Vermont* *Brattleboro Union Station multimodal center* *2,500,000* *245* *Vermont* *Burlington intermodal center* *1,000,000* *246* *Vermont* *Deerfield Valley Transit authority* *500,000* *247* *Virginia* *Alexandria, bus maintenance facility and Crystal City canopy project* *1,000,000* *248* *Virginia* *Alexandria, King Street Station access* *1,100,000* *249* *Virginia* *Harrisonburg, buses* *200,000* *250* *Virginia* *Lynchburg, buses* *200,000* *251* *Virginia* *Richmond, GRTC bus maintenance facility* *1,250,000* *252* *Virginia* *Roanoke, buses* *200,000* *253* *Virginia* *Statewide buses and bus facilities* *10,000,000* *254* *Washington* *Anacortes ferry terminal information system* *500,000* *255* *Washington* *Ben Franklin transit operating facility* *1,000,000* *256* *Washington* *Bremerton transportation center* *1,000,000* *257* *Washington* *Central Puget Sound Seattle bus program* *8,000,000* *258* *Washington* *Chelan-Douglas multimodal center* *900,000* *259* *Washington* *Everett, Multimodal Transportation Center* *1,950,000* *260* *Washington* *Grant County, buses and vans* *600,000* *261* *Washington* *Mount Vernon, Multimodal Center* *1,750,000* *262* *Washington* *Port Angeles center* *1,000,000* *263* *Washington* *Seattle, Intermodal Transportation Terminal* *1,250,000* *264* *Washington* *Snohomish County, Community transit buses* *1,000,000* *265* *Washington* *Tacoma Dome, buses and bus facilities* *1,750,000* *266* *Washington* *Thurston County intercity buses* *1,000,000* *267* *Washington* *Vancouver, Clark County (C-Tran) bus facilities* *1,000,000* *268* *Wisconsin* *Milwaukee County, buses* *4,000,000* *269* *Wisconsin* *Wisconsin statewide bus facilities and buses* *12,875,000* *270* *West Virginia* *Huntington, Intermodal Facility* *8,000,000* *271* *West Virginia* *West Virginia statewide Intermodal Facility and buses* *6,500,000* and there shall be available for new fixed guideway systems, $902,800 000, to be available as follows: $10,400,000 for the Alaska or Hawaii ferry projects; $5,000,000 for the Albuquerque light rail project; $52,110,000 for the Atlanta-North Springs project; $1,000,000 for the Austin Capital metro project; $500,000 for the Baltimore central downtown transit alternatives major investment study; $1,000,000 for the Baltimore light rail double track project; $1,000,000 for the Birmingham, Alabama alternatives analysis study and preliminary engineering; $500,000 for the Boston North-South rail link project; $750,000 for the Boston urban ring project;112 STAT. 2681–459 $2,000,000 for the Burlington-Essex, Vermont commuter rail project; $2,200,000 for the Canton-Akron-Cleveland commuter rail project; $2,200,000 for the Charleston, South Carolina monobeam rail project; $3,000,000 for the Charlotte, North Carolina South-North corridor transitway project; $6,000,000 for the Chicago Metra commuter rail extensions and upgrades project; $3,000,000 for the Chicago Transit Authority Ravenswood and Douglas branch lines projects: *Provided,* That recognizing the nature of these projects, of the requirements of 49 U.S.C. section 5309(e), only sections 5309(e)(1)(C) and 5309(e)(4) shall apply; $1,800,000 for the Cincinnati Northeast/Northern Kentucky rail line project; $4,000,000 for the Clark County, Nevada fixed guideway project; $1,000,000 for the Cleveland Berea Red Line extension to the Hopkins International Airport project; $2,000,000 for the Cleveland Euclid corridor improvement project; $500,000 for the Colorado-North Front Range corridor feasibility study; $12,000,000 for the Dallas-Fort Worth RAILTRAN project; $16,000,000 for the DART North Central light rail extension project; $1,000,000 for the Dayton, Ohio light rail study; $40,000,000 for the Denver Southwest Corridor project; $500,000 for the Denver Southeast Corridor multimodal corridor project; $17,000,000 for the Dulles corridor project; $4,000,000 for the Fort Lauderdale, Florida Tri-County commuter rail project; $1,000,000 for the Harrisburg, Pennsylvania capital area transit/corridor one project; $1,500,000 for the Hartford, Connecticut light rail project; $3,000,000 for the Honolulu, Hawaii major investment analysis of transit alternatives; $2,000,000 for the Houston advanced regional transit program; $59,670,000 for the Houston Regional Bus project; $1,000,000 for the Johnson County, Kansas I–35 commuter rail project; $500,000 for the Kansas City, Missouri commuter rail study; $500,000 for the Kenosha-Racine-Milwaukee, Wisconsin commuter rail project; $250,000 for the King County, Washington Elliot Bay water taxi; $1,500,000 for the Knoxville, Tennessee electric transit project; $1,000,000 for the Largo, Maryland Metro Blue Line extension project; $1,000,000 for the Little Rock, Arkansas River rail project;112 STAT. 2681–460 $24,000,000 for the Long Island Railroad East Side access project, New York; $38,000,000 for the Los Angeles MOS–3 project; $1,000,000 for the Massachusetts North Shore corridor project; $17,041,000 for the MARC commuter rail project; $1,000,000 for the Maryland Route 5 corridor; $2,200,000 for the Memphis, Tennessee Medical Center rail extension project; $3,000,000 for the Miami Metro-Dade Transit east-west corridor project; $3,000,000 for the Miami Metro-Dade North 27th Avenue corridor project; $8,000,000 for the Mid-City and East Side projects, Los Angeles; $4,000,000 for the Morgantown, West Virginia fixed guideway modernization project; $1,000,000 for the Nashville, Tennessee regional commuter rail project; $70,000,000 for the New Jersey urban core Hudson-Bergen LRT project; $6,000,000 for the New Jersey urban core Newark-Elizabeth rail link project; $500,000 for the New London, Connecticut waterfront access project; $22,000,000 for the New Orleans Canal Street corridor project; $2,000,000 for the New Orleans Desire Streetcar project; $8,000,000 for the Norfolk-Virginia Beach regional rail project; $500,000 for the Northeast Ohio commuter rail study, Phase 2; $3,000,000 for the Northern Indiana South Shore commuter rail project; $3,000,000 for the Oceanside-Escondido passenger rail project; $500,000 for the Old Saybrook-Hartford, Connecticut rail extension project; $1,000,000 for the Omaha, Nebraska trolley system; $2,500,000 for the Orange County, California transitway project; $17,500,000 for the Orlando Lynx light rail project; $3,000,000 for the Philadelphia-Reading SEPTA Schuykill Valley Metro project; $1,000,000 for the Philadelphia SEPTA Cross County Metro project; $5,000,000 for the Phoenix metropolitan area transit project; $4,000,000 for the Pittsburgh Allegheny County Stage II fight rail project; $1,000,000 for the Pittsburgh North Shore central business district transit options MIS; $25,718,000 for the Portland-Westside/Hillsboro project; $5,000,000 for the Puget Sound RTA Link light rail project; $41,000,000 for the Puget Sound RTA Sounder commuter rail project;112 STAT. 2681–461 $10,000,000 for the Raleigh-Durham-Chapel Hill Triangle Transit project; $23,480,000 for the Sacramento south corridor LRT project; $70,000,000 for the Salt Lake City South LRT project; $5,000,000 for the Salt Lake City/Airport to University (West-East) light rail project: *Provided further,* That the nongovernmental share for these funds shall be determined in accordance with Section 3030(c)(2)(B)(ii) of the Transportation Equity Act for the 21st Century, as amended (Public Law 105–178); $1,000,000 for the San Bernardino Metrolink extension project; $2,000,000 for the San Diego Mid-Coast corridor project; $1,500,000 for the San Diego Mission Valley East light rail transit project; $40,000,000 for the San Francisco BART extension to the airport project; $500,000 for the San Jacinto-Branch Line (Riverside County) project; $27,000,000 for the San Jose Tasman LRT project; $20,000,000 for the San Juan Tren Urbano; $500,000 for the Savannah, Georgia water taxi; $250,000 for the Sioux City micro rail trolley system; $53,983,000 for the South Boston Piers MOS–2 project; $1,000,000 for the South Dekalb-Lindburgh corridor LRT project; $200,000 for the Southeast Michigan commuter rail viability project; $1,000,000 for the Spokane, Washington light rail project; $500,000 for the St. Louis-Jefferson City-Kansas City, Missouri commuter rail project; $35,000,000 for the St. Louis-St. Clair LRT extension project; $1,000,000 for the Stamford, Connecticut fixed guideway connector; $1,000,000 for the Tampa Bay regional rail project; $17,000,000 for the Twin Cities Transitways project; $2,000,000 for the Virginia Railway Express Woodbridge station improvements project; and $1,000,000 for the West Trenton, New Jersey rail project: *Provided farther,* That funds provided in Public Law 105–66 for the Pennsylvania Strawberry Hill/Diamond Branch rail project shall be available for the Laurel Rail line project in Lackawanna County, Pennsylvania. Mass Transit Capital Fund (liquidation of contract authorization) (highway trust fund) Notwithstanding any other provision of law, for payment of previous obligations incurred in carrying out 49 U.S.C. 5338(b), $2,000,000,000, to remain available until expended and to be derived from the Mass Transit Account of the Highway Trust Fund.112 STAT. 2681–462 Job Access and Reverse Commute Grants For necessary expenses to carry out section 3037 of the Federal Transit Act of 1998, $35,000,000, to remain available until expended: *Provided,* That no more than $75,000,000 of budget authority shall be available for these purposes: *Provided further,* That of the amounts appropriated under this head, not more than $10,000,000 shall be used for grants for reverse commute projects. Washington Metropolitan Area Transit Authority For necessary expenses to carry out the provisions of section 14 of Public Law 96–184 and Public Law 101–551, $50,000,000, to remain available until expended. SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION Saint Lawrence Seaway Development Corporation The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the 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, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year. Operations and Maintenance (harbor maintenance trust fund) For necessary expenses for operations and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $11,496,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662. RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION Research and Special Programs For expenses necessary to discharge the functions of the Research and Special Programs Administration, $29,280,000, of which $574,000 shall be derived from the Pipeline Safety Fund, and of which $3,460,000 shall remain available until September 30, 2001: *Provided,* That up to $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: *Provided further,* That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.112 STAT. 2681–463 Pipeline Safety (pipeline safety fund) (oil spill liability trust fund) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $33,248,000, of which $4,248,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 2001; and of which $29,000,000 shall be derived from the Pipeline Safety Fund, of which $16,219,000 shall remain available until September 30, 2001: *Provided,* That in addition to amounts made available for the Pipeline Safety Fund, $1,400,000 shall be available for grants to States for the development and establishment of one-call notification systems and public education activities, and shall be derived from amounts previously collected under 49 U.S.C. 60301. Emergency Preparedness Grants (emergency preparedness fund) For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2001: *Provided,* That not more than $11,000,000 shall be made available for obligation in fiscal year 1999 from amounts made available by 49 U.S.C. 5116(i) and 5127(d): *Provided further,* That none of the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be made available for obligation by individuals other than the Secretary of Transportation, or his designee. OFFICE OF INSPECTOR GENERAL Salaries and Expenses For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $43,495,000. SURFACE TRANSPORTATION BOARD Salaries and Expenses For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $16,000,000: *Provided,* That notwithstanding any other provision of law, not to exceed $2,600,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: *Provided further,* That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 1999, to result in a final appropriation from the general fund estimated at no more than $16,000,000: *Provided further,* That any fees received in excess of $2,600,000 in fiscal year 1999 112 STAT. 2681–464shall remain available until expended, but shall not be available for obligation until October 1, 1999. TITLE II RELATED AGENCIES ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Salaries and Expenses For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $3,847,000: *Provided,* That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $53,473,000, of which not to exceed $2,000 may be used for official reception and representation expenses. Emergency Fund For necessary expenses of the National Transportation Safety Board for accident investigations, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $1,000,000, to remain available until expended. TITLE III GENERAL PROVISIONS (including transfers of funds) Sec. 301. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). Sec. 302. Such sums as may be necessary for fiscal year 1999 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. Sec. 303. Funds appropriated under this Act for expenditures[49 USC 106 note](/us/usc/t49/s106). by the Federal Aviation Administration shall be available:
(1)except 112 STAT. 2681–465as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and
(2)for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis. Sec. 304. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. Sec. 305. None of the funds in this Act shall be available for salaries and expenses of more than 100 political and Presidential appointees in the Department of Transportation: *Provided,* That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. Sec. 306. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Sec. 307. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. Sec. 308. The Secretary of Transportation may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, and any other entity in execution of the Technology Reinvestment Project authorized under the Defense Conversion, Reinvestment and Transition Assistance Act of 1992 and related legislation: *Provided,* That the authority provided in this section may be exercised without regard to section 3324 of title 31, United States Code. Sec. 309. 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 issued pursuant to existing law. Sec. 310.[23 USC 104 note](/us/usc/t23/s104).
(a)For fiscal year 1999, the Secretary of Transportation shall—
(1)not distribute from the obligation limitation for Federal-aid Highways amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a) of title 23, United States Code, and amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics.
(2)not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund 112 STAT. 2681–466(other than the Mass Transit Account) for Federal-aid highways and highway safety programs for the previous fiscal year the funds for which are allocated by the Secretary;
(3)determine the ratio that—
(A)the obligation limitation for Federal-aid Highways less the aggregate of amounts not distributed under paragraphs
(1)and (2), bears to
(B)the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs
(1)through
(7)of subsection
(b)and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph
(1)of this subsection;
(4)distribute the obligation limitation for Federal-aid Highways less the aggregate amounts not distributed under paragraphs
(1)and
(2)for section 117 of title 23, United States Code (relating to high priority projects program), section 201 of the Appalachian Regional Development Act of 1965, the Woodrow Wilson Memorial Bridge Authority Act of 1995, and $2,000,000,000 for such fiscal year under section 105 of the Transportation Equity Act for the 21st Century (relating to minimum guarantee) so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph
(3)by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year;
(5)distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs
(1)and
(2)and amounts distributed under paragraph
(4)for each of the programs that are allocated by the Secretary under title 23, United States Code (other than activities to which paragraph
(1)applies and programs to which paragraph
(4)applies) by multiplying the ratio determined under paragraph
(3)by the sums authorized to be appropriated for such program for such fiscal year; and
(6)distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs
(1)and
(2)and amounts distributed under paragraphs
(4)and
(5)for Federal-aid highways and highway safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 23, United States Code, in the ratio that—
(A)sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to
(B)the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year.
(b)Exceptions From Obligation Limitation.—The obligation limitation for Federal-aid Highways shall not apply to obligations 112 STAT. 2681–467(1) under section 125 of title 23, United States Code;
(2)under section 147 of the Surface Transportation Assistance Act of 1978;
(3)under section 9 of the Federal-Aid Highway Act of 1981;
(4)under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982;
(5)under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987;
(6)under section 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991;
(7)under section 157 of title 23, United States Code, as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century; and
(8)under section 105 of title 23, United States Code (but, only in an amount equal to $639,000,000 for such fiscal year).
(c)Redistribution of Unused Obligation Authority.—Notwithstanding subsection (a), the Secretary shall after August 1 for such fiscal year revise a distribution of the obligation limitation made available under subsection
(a)if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Act of 1991 (105 Stat. 1943–1945).
(d)Applicability of Obligation Limitations to Transportation Research Programs.—The obligation limitation shall apply to transportation research programs carried out under chapters 3 and 5 of title 23, United States Code, except that obligation authority made available for such programs under such limitation shall remain available for a period of 3 fiscal years.
(e)Redistribution of Certain Authorized Funds.—Not later than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds
(1)that are authorized to be appropriated for such fiscal year for Federal-aid highways programs (other than the program under section 160 of title 23, United States Code) and for carrying out subchapter I of chapter 311 of title 49, United States Code, and chapter 4 of title 23, United States Code, and
(2)that the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. Such distribution to the States shall be made in the same ratio as the distribution of obligation authority under subsection (a)(6). The funds so distributed shall be available for any purposes described in section 133(b) of title 23, United States Code.
(f)Special Rule.—Obligation limitation distributed for a fiscal year under subsection (a)(4) for a section set forth in subsection (a)(4) shall remain available until used for obligation of funds for such section and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. Sec. 311.[49 USC 5338 note](/us/usc/t49/s5338). The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation.112 STAT. 2681–468 Sec. 312. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. Sec. 313. None of the funds in this Act shall be available to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. Sec. 314. Notwithstanding any other provision of law, airports[49 USC 44502 note](/us/usc/t49/s44502). may transfer, without consideration, to the Federal Aviation Administration
(FAA)instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant. The FAA shall accept such equipment, which shall thereafter be operated and maintained by the FAA in accordance with agency criteria. Sec. 315. None of the funds in this Act shall be available to award a multiyear contract for production end items that:
(1)includes economic order quantity or long lead time material procurement in excess of $10,000,000 in any one year of the contract;
(2)includes a cancellation charge greater than $10,000,000 which at the time of obligation has not been appropriated to the limits of the Government’s liability; or
(3)includes a requirement that permits performance under the contract during the second and subsequent years of the contract without conditioning such performance upon the appropriation of funds: *Provided,* That this limitation does not apply to a contract in which the Federal Government incurs no financial liability from not buying additional systems, subsystems, or components beyond the basic contract requirements. Sec. 316. Section 218 of title 23, United States Code, is amended—
(1)in subsection (a)—
(A)in the first sentence by striking “the south Alaskan border” and inserting “Haines” in lieu thereof;
(B)in the third sentence by striking “highway” and inserting “highway or the Alaska Marine Highway System” in lieu thereof;
(C)in the fourth sentence by striking “any other fiscal year thereafter” and inserting “any other fiscal year thereafter, including any portion of any other fiscal year thereafter, prior to the date of the enactment of the Transportation Equity Act for the 21st Century” in lieu thereof;
(D)in the fifth sentence by striking “construction of such highways until an agreement” and inserting “construction of the portion of such highways that are in Canada until an agreement” in lieu thereof; and
(2)in subsection
(b)by inserting “in Canada” after “undertaken”. Sec. 317. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under “Federal Transit Administration, Capital investment grants” for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2001, and other recoveries, shall be made available for other projects under 49 U.S.C. 5309.112 STAT. 2681–469 Sec. 318. Notwithstanding any other provision of law, any funds appropriated before October 1, 1998, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. Sec. 319. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 1999. Sec. 320. Funds provided in this Act for the Transportation Administrative Service Center
(TASC)shall be reduced by $15,000,000, which limits fiscal year 1999 TASC obligational authority for elements of the Department of Transportation funded in this Act to no more than $109,124,000: *Provided,* That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the Transportation Administrative Service Center. Sec. 321. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s “Limitation on General Operating Expenses” account, the Federal Transit Administration’s “Transit Planning and Research” account, and to the Federal Railroad Administration’s “Railroad Safety” account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. Sec. 322. None of the funds in this Act shall be available to prepare, propose, or promulgate any regulations pursuant to title V of the Motor Vehicle Information and Cost Savings Act (49 U.S.C. 32901 et seq.) prescribing corporate average fuel economy standards for automobiles, as defined in such title, in any model year that differs from standards promulgated for such automobiles prior to enactment of this section. Sec. 323. Notwithstanding any other provision of law, the Secretary of Transportation shall convey, without consideration, all right, title, and interest of the United States in and to the parcels of real property described in this section, together with any improvements thereon, as the Secretary considers appropriate for purposes of the conveyance, to the entities described in this section, namely:
(1)United States Coast Guard Pass Manchac Light in Tangipahoa Parish, Louisiana, to the State of Louisiana; and
(2)Tchefuncte River Range Rear Light in Madisonville, Louisiana, to the Town of Madisonville, Louisiana. Sec. 324. None of the funds made available in this Act may be used for the purpose of promulgating or enforcing any regulation that has the practical effect of
(a)requiring more than one attendant during unloading of liquefied compressed gases, or
(b)preventing the attendant from monitoring the customer’s liquefied compressed gas storage tank during unloading. Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. Ill may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: *Provided,* That such 112 STAT. 2681–470funds shall be subject to the obligation limitation for Federal-aid highways and highway safety construction. Sec. 326. None of the funds in this Act may be obligated or expended for employee training which:
(1)does not meet identified needs for knowledge, skills and abilities bearing directly upon the performance of official duties;
(2)contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3)does not require prior employee notification of the content and methods to be used in the training and written end of course evaluations;
(4)contains any methods or content associated with religious or quasi-religious belief systems or “new age” belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988;
(5)is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace; or
(6)includes content related to human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) other than that necessary to make employees more aware of the medical ramifications of HIV/AIDS and the workplace rights of HIV-positive employees. Sec. 327. None of the funds in this Act shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation: *Provided,* That this shall not prevent officers or employees of the Department of Transportation or related agencies funded in this Act from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Sec. 328. Not to exceed $1,000,000 of the funds provided in this Act for the Department of Transportation shall be available for the necessary expenses of advisory committees: *Provided,* That this limitation shall not apply to advisory committees established for the purpose of conducting negotiated rulemaking in accordance with the Negotiated Rulemaking Act, 5 U.S.C. 561–570a, or the Coast Guard’s advisory council on roles and missions Sec. 329. Bulk Fuel Storage Tank.
(a)Transfer of Funds.—[43 USC 1653 note](/us/usc/t43/s1653).Notwithstanding any other provision of law, the remainder of the balance in the Trans-Alaska Pipeline Liability Fund that is transferred and deposited into the Oil Spill Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C. 1653 note) after June 16, 1998 shall be used in accordance with this section.
(b)Use of Interest Only.—The interest produced from the investment of the Trans-Alaska Pipeline Liability Fund balance that is transferred and deposited into the Oil Spill Liability Trust Fund under section 8102(a)(2)(B)(ii) of the Oil Pollution Act of 1990 (43 U.S.C. 1653 note) after June 16, 1998 shall be transferred annually by the National Pollution Funds Center to the Denali Commission for a program, to be developed in consultation with the Coast Guard, to repair or replace bulk fuel storage tanks in Alaska which are not m compliance with federal law, including the Oil Pollution Act of 1990, or State law.112 STAT. 2681–471
(c)Taps Payment to Alaska Dedicated to Bulk Fuel Storage Tank Repair and Replacement.—Section 8102(a)(2)(B)(i) of Public Law 101–380 (43 U.S.C. 1653 note) is amended by inserting immediately before the semicolon, “, which, except as otherwise provided under article IX, section 15, of the Alaska Constitution, shall be used for the remediation of above-ground storage tanks”. Sec. 330. No funds other than those appropriated to the Surface Transportation Board or fees collected by the Board shall be used for conducting the activities of the Board. Sec. 331.
(a)None of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a–10c).
(b)Sense of the Congress; Requirement Regarding Notice.—
(1)Purchase of american-made equipment and products.—In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products to the greatest extent practicable.
(2)Notice to recipients of assistance.—In providing financial assistance using funds made available in this Act, the head of each 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. 332. Notwithstanding any other provision of law, receipts, in amounts determined by the Secretary, collected from users of fitness centers operated by or for the Department of Transportation shall be available to support the operation and maintenance of those facilities. Sec. 333. None of the funds in this Act shall be available to implement or enforce regulations that would result in the withdrawal of a slot from an air carrier at O’Hare International Airport under section 93.223 of title 14 of the Code of Federal Regulations in excess of the total slots withdrawn from that air carrier as of October 31, 1993 if such additional slot is to be allocated to an air carrier or foreign air carrier under section 93.217 of title 14 of the Code of Federal Regulations. Sec. 334. Notwithstanding 49 U.S.C. 41742, no essential air service shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport.112 STAT. 2681–472 Sec. 335. Rebates, refunds, incentive payments, minor fees and other funds received by the Department from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department and allocated to elements of the Department using fair and equitable criteria and such funds shall be available until December 31, 1999. Sec. 336. Notwithstanding any other provision of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. Sec. 337. The unobligated balances of the funds made available in previous appropriations Acts for the National Civil Aviation Review Commission and for Urban Discretionary Grants are rescinded. Sec. 338.
(a)Notwithstanding any other provision of law—
(1)the land and improvements thereto comprising the Coast Guard Reserve Training Facility in Jacksonville, Florida, is deemed to be surplus property; and
(2)the Commandant of the Coast Guard shall dispose of all right, title, and interest of the United States in and to that property, by sale, at fair market value.
(b)Right of First Refusal.—Before a sale is made under subsection
(a)to any other person, the Commandant of the Coast Guard shall give to the City of Jacksonville, Florida, the right of first refusal to purchase all or any part of the property required to be sold under that subsection. Sec. 339. Of the funds provided under Federal Aviation Administration “Operations”, $250,000 is only for activities and operations of the Centennial of Flight Commission. Sec. 340. Notwithstanding any other provision of law, the Secretary of Transportation shall waive repayment of any Federal-aid highway funds expended on the construction of those high occupancy lanes or auxiliary lanes constructed on I–287 in the State of New Jersey, pursuant to section 338 of the fiscal year 1993 Department of Transportation and Related Agencies Appropriations Act (Public Law 102–388), if the State of New Jersey presents the Secretary with its determination that such high occupancy vehicle lanes or auxiliary lanes are not in the public interest. Sec. 341.
(a)Authority to Convey.—The Secretary of Transportation may convey, without consideration, to the State of North Carolina (in this section referred to as the “State”), all right, title, and interest of the United States in and to a parcel of real property, together with any improvements thereon, in Ocracoke, North Carolina, consisting of such portion of the Coast Guard Station Ocracoke, North Carolina, as the Secretary considers appropriate for purposes of the conveyance.
(b)Conditions.—The conveyance under subsection
(a)shall be subject to the following conditions:
(1)That the State accept the property to be conveyed under that subsection subject to such easements or rights of way in favor of the United States as the Secretary considers to be appropriate for—
(A)utilities;
(B)access to and from the property;112 STAT. 2681–473
(C)the use of the boat launching ramp on the property; and
(D)the use of pier space on the property by search and rescue assets.
(2)That the State maintain the property in a manner so as to preserve the usefulness of the easements or rights of way referred to in paragraph (1).
(3)That the State utilize the property for transportation, education, environmental, or other public purposes.
(c)Reversion.—(1) If the Secretary determines at any time that the property conveyed under subsection
(a)is not to be used in accordance with subsection (b), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon.
(2)Upon reversion under paragraph (1), the property shall be under the administrative jurisdiction of the Administrator of General Services.
(e)Description of Property.—The exact acreage and legal description of the property conveyed under subsection (a), and any easements or rights of way granted under subsection (b)(1), shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the State.
(f)Additional Terms and Conditions.—The Secretary may require such additional terms and conditions with respect to the conveyance under subsection (a), and any easements or rights of way granted under subsection (b)(1), as the Secretary considers appropriate to protect the interests of the United States. Sec. 342. Notwithstanding any other provision of law, funds appropriated in this or any other Act intended for highway demonstration projects, railroad-highway crossings demonstration projects or railroad relocation projects in Augusta, Georgia are available for implementation of a project consisting of modifications and additions to streets, railroads, and related improvements in the vicinity of the grade crossing of the CSX railroad and 15th Street in Augusta, Georgia. Sec. 343.[33 USC 2720 note](/us/usc/t33/s2720).
(a)None of the funds made available by this Act or subsequent Acts may be used by the Coast Guard to issue, implement, or enforce a regulation or to establish an interpretation or guideline under the Edible Oil Regulatory Reform Act (Public Law 104–55), or the amendments made by that Act, that does not recognize and provide for, with respect to fats, oils, and greases (as described in that Act, or the amendments made by that Act) differences in—
(1)physical, chemical, biological and other relevant properties; and
(2)environmental effects. (b)Regulations. Not later than March 31, 1999, the Secretary of Transportation shall issue regulations amending 33 CFR 154 to comply with the requirements of Public Law 104–55. Sec. 344. Funding made available in Public Law 105–174 for emergency railroad rehabilitation and repair shall be available for repairs resulting from natural disasters occurring from September 1996 through July 10, 1998. Sec. 345. For purposes of evaluating environmental impacts of the toll road in Orange and San Diego counties, California, the Administrator of the Federal Highway Administration and other 112 STAT. 2681–474participating Federal agencies shall consider only those transportation alternatives previously identified by regional planning processes and shall restrict agency comments to those matters over which the agency has direct jurisdiction: *Provided,* That notwithstanding any inter-agency memoranda of understanding, the Administrator of the Federal Highway Administration shall retain and exercise all authority regarding the form, content and timing of any environmental impact statement and record of decision regarding the toll road, including the evaluation and selection of alternatives and distribution of draft and final environmental impact statements. Sec. 346.
(a)Notwithstanding any other law, the Commandant, United States Coast Guard, shall convey to the University of South Alabama (in this section referred to as “the recipient”), the right, title, and interest of the United States Government in and to a decommissioned vessel of the Coast Guard, as determined appropriate by the Commandant and the recipient, if—
(1)the recipient agrees to use the vessel for the purposes of supporting archaeological and historical research in the Mobile Bay Delta;
(2)the recipient agrees not to use the vessel for commercial transportation purposes, except as incident to the provision of logistics services in connection with the Old Mobile Archaeological Project;
(3)The recipient agrees to make the vessel available to the Government if the Commandant requires use of the vessel by the Government in times of war or national emergency;
(4)the recipient agrees to hold the Government harmless for any claims arising from exposure to hazardous materials including, but not limited to, asbestos and polychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising from use by the Government under paragraph (3);
(5)the recipient has funds available to be committed for use to restore the vessel to operation and thereafter maintain it in good working condition, in the amount of at least $400,000; and
(6)the recipient agrees to any other conditions that the Secretary considers appropriate.
(b)Delivery of Vessel.—If a conveyance is made under this section, the Commandant shall deliver the vessel at the place where the vessel is located, in its present condition, without cost to the Government. The conveyance of this vessel shall not be considered a distribution in commerce for purposes of section 2605(e) of title 15, United States Code.
(c)Other Unneeded Equipment.—The Commandant may convey to the recipient any unneeded equipment or parts from other decommissioned vessels pending disposition for use to restore the vessel to operability. The Commandant may require compensation from the recipient for such items.
(d)Applicable Laws and Regulations.—The vessel shall at all times remain subject to applicable vessel safety laws and regulations. Sec. 347. Item 1132 in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 298), relating to Mississippi, is amended by striking “Pirate Cove” and inserting “Pirates” Cove and 4-lane connector to Mississippi Highway 468".112 STAT. 2681–475 Sec. 348.
(a)Authority to Convey Coast Guard Property to Jacksonville University in Jacksonville, Florida.—
(1)In general.—The Secretary of Transportation may convey to Jacksonville University, located in Jacksonville, Florida, without consideration, all right, title, and interest of the United States in and to the property comprising the Long Branch Rear Range Light, Jacksonville, Florida.
(2)Identification of property.—The Secretary may identify, describe, and determine the property to be conveyed under this section.
(b)Terms and Conditions.—Any conveyance of any property under this section shall be made—
(1)subject to such terms and conditions as the Commandant may consider appropriate; and
(2)subject to the condition that all right, title, and interest in and to the property conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be used by Jacksonville University. Sec. 349. For necessary expenses of the Amtrak Reform Council authorized under section 203 of Public Law 105–134, $450,000, to remain available until September 30, 2000: *Provided,* That none of the funds provided under this heading shall be for payments to outside consultants: *Provided further,* That the duties of the Amtrak Reform Council described in section 203(g)(1) of Public Law 105–134 shall include the identification of Amtrak routes which are candidates for closure or realignment, based on performance rankings developed by Amtrak which incorporate information on each route’s fully allocated costs and ridership on core intercity passenger service, and which assume, for purposes of closure or realignment candidate identification, that federal subsidies for Amtrak will decline over the 4-year period from fiscal year 1999 to fiscal year 2002: *Provided further,* That these closure or realignment recommendations shall be included in the Amtrak Reform Council’s annual report to the Congress required by section 203(h) of Public Law 105–134. Sec. 350. Notwithstanding any other provision of law, the Secretary shall approve and the State of New York is authorized to proceed with engineering, final design and construction of additional entrances and exits between exits 57 and 58 on Interstate 495 in Suffolk County, New York. The Secretary may review final design of such project. Sec. 351.
(a)Section 30113 of title 49, United States Code, is amended—
(1)in subsection (b)—
(A)in paragraph (1), by inserting “or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title,” after “a motor vehicle safety standard prescribed under this chapter”; and
(B)in paragraph (3)(A), by inserting “or chapter 325 of this title (as applicable)” after “this chapter”;
(2)in subsection (c)(1), by inserting “, or a bumper standard prescribed under chapter 325 of this title,” after “motor vehicle safety standard prescribed under this chapter”;
(3)in subsection (d), by inserting “(including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1))” after “subsection (b)(3)(B)(i) of this section”; and112 STAT. 2681–476
(4)in subsection (h), by inserting “or bumper standard prescribed under chapter 325 of this title” after “each motor vehicle safety standard prescribed under this chapter”.
(b)Conforming Amendments.—
(1)Section 32502(c) of title 49, United States Code, is amended—
(A)in the matter preceding paragraph (1), by striking “any part of a standard” and inserting “all or any part of a standard”;
(B)in paragraph (1), by striking “or” at the end;
(C)in paragraph (2), by striking the period and inserting “; or”; and
(D)by adding at the end the following: " “(3) a passenger motor vehicle for which an application for an exemption under section 30013(b) of this title has been filed in accordance with the requirements of that section.”. "
(2)Section 32506(a) of title 49, United States Code, is amended by inserting “and section 32502 of this title” after “Except as provided in this section”. Sec. 352. Notwithstanding any other provision of law, $10,000,000 of funds available under section 104(a) of title 23 U.S.C., shall be made available to the University of Alabama in Tuscaloosa, Alabama, for research activities at the Transportation Research Institute and to construct a building to house the Institute, and shall remain available until expended. Sec. 353. Discretionary grants funds for bus and bus-related facilities made available in this Act and in Public Law 105–66 and its accompanying conference report for the Virtual Transit Enterprise project shall be used to fund any aspect of the Virtual Transit Enterprise integration of information project in South Carolina. Sec. 354. Section 3021 of the Transportation Equity Act for the 21st Century (Public Law 105–178) is amended—[49 USC 5307 note](/us/usc/t49/s5307).
(1)in subsection (a), by inserting “or the State of Vermont” after “the State of Oklahoma”; and
(2)in subsection (b)(2)(A), by inserting “and the State of Vermont” after “within the State of Oklahoma”. Sec. 355. Section 3 of the Act of July 17, 1952 (66 Stat. 746, chapter 921), and section 3 of the Act of July 17, 1952 (66 Stat. 571, chapter 922), are each amended in the proviso—
(1)by striking “That” and all that follows through “the collection of” and inserting “That the commission may collect”; and
(2)by striking “, shall cease” and all that follows through the period at the end and inserting a period. Sec. 356. Section 1212(m) of Public Law 105–178 is amended—
(1)in the subsection heading, by inserting “, Idaho, Alaska and West Virginia” after “Minnesota”; and
(2)by inserting “or the States of Idaho, Alaska or West Virginia” after “Minnesota”. Sec. 357. Notwithstanding any other provision of law, funds obligated and awarded in fiscal year 1994 by the Economic Development Administration in the amount of $912,000 to the City of Pittsburg, Kansas, as Project Number 05–19–61200 for water, sewer and street improvements shall be disbursed to the City upon determination by the EDA that the improvements have been completed in accordance with the project description in the award documents.112 STAT. 2681–477 Sec. 358. Section 3030(d)(3) of the Transportation Equity Act for the 21st Century (Public Law 105–178) is amended by adding at the end the following: " “(C) Saint Barnard Parish, Louisiana intermodal facility.”. " Sec. 359. The Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: *Provided,* That no appropriation shall be increased or decreased by more than 12 per centum by all such transfers: *Provided further,* That any such transfer shall be submitted for approval to the House and Senate Committees on Appropriations. Sec. 360. Section 3027 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366) is amended by adding at the end the following: " “(3) Services for elderly and persons with disabilities.—In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section 5307 of title 49, United States Code, to a transit provider that operates 20 or fewer vehicles in an urbanized area with a population of at least 200,000 to finance the operating costs of equipment and facilities used by the transit provider in providing mass transportation services to elderly and persons with disabilities, provided that such assistance to all entities shall not exceed $1,000,000 annually.”. " Sec. 361. Hereafter, the Commonwealth of Virginia shall have the exclusive authority to determine the high-occupancy vehicle restrictions applicable to Interstate Highway 66 in Virginia. Sec. 362. None of the funds appropriated by this Act may be used to issue a final standard under docket number NHTSA 98–3945 (relating to section 656(b) of the Illegal Immigration Reform and Responsibility Act of 1996). Sec. 363. Items 178 and 1547 in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105–178), relating to Georgia, are amended by adding at the end the following: “and construct improvements to said corridor”. Sec. 364. Notwithstanding any other provision of law, the Secretary shall approve the construction of Type II noise barriers from funds apportioned under sections 104(b)(1) and 104(b)(3) of title 23, United States Code, at the following locations:
(a)beginning on the north and south sides of Interstate Route 20 extending from H.E. Holmes Road to Fulton Industrial Boulevard in Fulton County, Georgia;
(b)beginning on the north and south sides of Interstate Route 20 extending from Flat Shoals Road to Columbia Drive in DeKalb County, Georgia; and
(c)beginning on the west side of Interstate Route 75 extending from Howell Mill Road to West Paces Ferry Road in Fulton County, Georgia. Sec. 365. Notwithstanding any other provision of law, except as otherwise provided in this section, the Secretary shall approve and the State of Alabama is authorized to proceed with construction of the East Foley corridor project from Baldwin County Highway 20 to State Highway 59, identified in items 857 and 1501 in the table contained in Section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105–178). Environmental reviews performed by the Alabama Department of Environmental 112 STAT. 2681–478Management and the Mobile District of the U.S. Army Corps of Engineers and all other non-environmental federal laws shall remain in effect. Sec. 366. Item 1083 contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 297) is amended by striking “between Southwest Drive and U.S. 277”. Sec. 367. Notwithstanding any other provision of Federal law, the State of Minnesota may obligate funds apportioned in fiscal years 1998 through 2003 pursuant to section 117 of title 23, United States Code, for high priority project numbers 1628 and 1195 authorized in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105–178): *Provided,* That such obligation shall be subject to the allocation percentages of section 1602(b) as modified by section 1212(m) of the Transportation Equity Act for the 21st Century (Public Law 105–178). Sec. 368. Item number 577 in the table contained in Section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105–178) is amended by striking “Construct” and all that follows through “Ketchikan” and insert “For the purposes set forth in item number 1496”. Sec. 3769. Section 5117(b)(6) of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 450) is amended by striking “Pennsylvania Transportation Institute” and inserting “Commonwealth of Pennsylvania”. Sec. 370. Section 5204 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 453–455) is amended by adding at the end the following: " “(k) Use of Rights-of-Way.—Intelligent transportation system projects specified in section 5117(b)(3) and 5117(b)(6) and involving privately owned intelligent transportation system components that is carried out using funds made available from the Highway Trust Fund shall not be subject to any law or regulation of a State or political subdivision of a State prohibiting or regulating commercial activities in the rights-of-way of a highway for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance, if the Secretary of Transportation determines that such use is in the public interest. Nothing in this subsection shall affect the authority of a State or political subdivision of a State to regulate highway safety.”. " Sec. 371.
(a)The Commandant of the Coast Guard shall convey, without consideration, to the Town of New Castle, New Hampshire (in this section referred to as the “Town”), all right, title, and interest of the United States in and to a parcel of real property comprising approximately 2 acres and having approximately 100 feet of ocean front that is located in New Castle, New Hampshire. The property is bordered to the west by property owned by the Town and to the east by Coast Guard Station Portsmouth Harbor, New Hampshire. (b)(1) The Commandant shall, in connection with the conveyance required by subsection (a), grant to the Town such easements and rights-of-way as the Commandant considers necessary to permit access to the property conveyed under that subsection.
(2)The Commandant may, in connection with the conveyance required by subsection (a), reserve in favor of the United States such easements and rights-of-way as the Commandant considers necessary to protect the interests of the United States. (c)(1) The conveyance of property under subsection
(a)shall be subject to the following conditions:112 STAT. 2681–479
(A)That the property, or any portion thereof, shall revert to the United States if the Commandant determines that such property is required by the United States for purposes of the national security of the United States.
(B)That the property, or any portion thereof, shall revert to the United States if the Commandant determines that such property is required by the United States for purposes of a site for an aid to navigation. (2)(A) At least 30 days before the date of the reversion of property under paragraph (1)(A), the Commandant shall provide the Town written notice that the property is required for purposes of the national security of the United States.
(B)At least 30 days before the date of the reversion of property under paragraph (1)(B), the Commandant shall provide the Town written notice that the property is required for purposes of a site for an aid to navigation. (d)(1) Notwithstanding any other provision of the Land and Water Conservation Fund Act of 1965, Public Law 88–578, as amended, or other law, the Coast Guard property conveyed to New Castle, New Hampshire pursuant to subsection
(a)may be used to replace a portion of Land and Water Conservation Fund-assisted land in New Castle, New Hampshire under project number 33–00077: *Provided,* That the replacement property satisfactorily meets the conversion criteria regarding reasonably equivalent recreation usefulness and location.
(2)The Town may not use the property referred to in paragraph
(1)for the purpose specified in that paragraph unless the property conveyed under subsection
(a)provides opportunities for recreational activities that are reasonably similar to the opportunities for recreational activities provided by the property referred to in paragraph (1).
(e)The Commandant may require such additional terms and conditions in connection with the conveyance under subsection (a), and the grants of any easements or rights-of-way under subsection (b), as the Commandant considers appropriate to protect the interests of the United States. Sec. 372. None of the Funds made available under this Act or any other Act, may be used to implement, carry out, or enforce any regulation issued under section 41705 of title 49, United States Code, including any regulation contained in part 382 of title 14, Code of Federal Regulations, or any other provision of law (including any Act of Congress, regulation, or Executive order or any official guidance or correspondence thereto), that requires or encourages an air carrier (as that term is defined in section 40102 of title 49, United States Code) to, on intrastate or interstate air transportation (as those terms are defined in section 40102 of title 49, United States Code)—
(1)provide a peanut-free buffer zone or any other related peanut-restricted area; or
(2)restrict the distribution of peanuts, until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft.112 STAT. 2681–480 SEC. 373. MODIFICATION OF SUBSTITUTE PROJECT IN WISCONSIN— Section 1045 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1994) is amended in subsection
(a)by striking paragraph (a)(2) and inserting the following: " “(2)(A) For six months after the date of enactment of this paragraph, the provisions set forth in paragraph (2)(B) shall apply to all of the funds identified in this section. After such time, the provisions set forth in paragraph (2)(B) shall apply to fifty percent of the funds identified in this section, and the provisions of paragraph (2)(C) shall apply to fifty percent of the funds identified in this section.” “(B) Notwithstanding paragraph
(1)and subsection
(c)of this section, upon the request of the Governor of the State of Wisconsin, after consultation with appropriate local government officials, submitted by October 1, 2000, the Secretary may approve one or more substitute projects in lieu of the substitute project approved by the Secretary under paragraph
(1)and subsection
(c)of this section.” “(C) Notwithstanding paragraph
(1)and subsection
(c)of this section, upon the request of the Governor of the State of Wisconsin, submitted by October 1, 2000, the Secretary shall approve one or more substitute projects in lieu of the substitute project approved by the Secretary under paragraph
(1)and subsection
(c)of this section.”. " This Act may be cited as the “Department of Transportation and Related Agencies Appropriations Act, 1999”.
(h)For programs, projects or activities in the Treasury and General Government Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: " AN ACT Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1999, and for other purposesTreasury and General Government Appropriations Act, 1999.Treasury Department Appropriations Act, 1999. " TITLE I—DEPARTMENT OF THE TREASURY Departmental Offices salaries and expenses For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; not to exceed $2,900,000 for official travel expenses; not to exceed $150,000 for official reception and representation expenses; not to exceed $258,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate, $123,151,000: *Provided,* That the Office of Foreign Assets Control shall be funded at no less than $6,560,800: *Provided further,* That the Department is authorized to charge both direct and indirect costs to the Office of Foreign Assets Control in the implementation of this floor: *Provided further,* That the methodology for applying such charges will be the same 112 STAT. 2681–481method used in developing the Departmental Offices Fiscal Year 1999 President’s Budget Justification to the Congress. Automation Enhancement (including transfer of funds) For development and acquisition of automatic data processing equipment, software, and services for the Department of the Treasury, $28,690,000: *Provided,* That these funds shall remain available until September 30, 2000: *Provided further,* That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations: *Provided further,* That this transfer authority shall be in addition to any other transfer authority provided in this Act: *Provided further,* That none of the funds appropriated shall be used to support or supplement the Internal Revenue Service appropriations for Information Systems: *Provided further,* That $6,000,000 of the funds appropriated for the Customs Modernization project may not be transferred to the United States Customs Service or obligated until the Treasury’s Chief Information Officer, through the Treasury Investment Review Board, concurs on the plan and milestone schedule for the deployment of the system: *Provided further,* That $6,000,000 of the funds made available for the Customs Modernization project may not be obligated for any major system investments prior to the development of an architecture which is compliant with the Treasury Information Systems Architecture Framework (TISAF) and the establishment of measures to enforce compliance with the architecture. Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, not to exceed $2,000,000 for official travel expenses; including hire of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury, $30,678,000. Treasury Building and Annex Repair and Restoration For the repair, alteration, and improvement of the Treasury Building and Annex, $27,000,000, to remain available until expended: *Provided,* That none of the funds provided shall be available for obligation until September 30, 1999. Financial Crimes Enforcement Network salaries and expenses For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel expenses of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and representation expenses; and for assistance to Federal law 112 STAT. 2681–482enforcement agencies, with or without reimbursement, $24,000,000: *Provided,* That funds appropriated in this account may be used to procure personal services contracts. Violent Crime Reduction Programs (including transfer of funds) For activities authorized by Public Law 103–322, to remain available until expended, which shall be derived from the Violent Crime Reduction Trust Fund, as follows:
(1)As authorized by section 190001(e), $119,000,000; of which $3,000,000 shall be available to the Bureau of Alcohol, Tobacco and Firearms for administering the Gang Resistance Education and Training program; of which $1,400,000 shall be available to the Financial Crimes Enforcement Network; of which $22,628,000 shall be available to the United States Secret Service, including $6,700,000 for vehicle replacement, $5,000,000 for investigations of counterfeiting, $7,732,000 for the 2000 candidate/nominee protection program, and $3,196,000 for forensic and related support of investigations of missing and exploited children, of which $1,196,000 shall be available as a grant for activities related to the investigations of exploited children and shall remain available until expended; of which $65,472,000 shall be available for the United States Customs Service, including $54,000,000 for narcotics detection technology, $9,500,000 for the passenger processing initiative, $972,000 for construction of canopies for inspection of outbound vehicles along the Southwest border, and $1,000,000 for technology investments related to the Cyber-Smuggling Center; of which $2,500,000 shall be available to the Office of National Drug Control Policy, including $1,000,000 for Model State Drug Law Conferences, and $1,500,000 to expand the Milwaukee, Wisconsin High Intensity Drug Trafficking Area; and of which $24,000,000 shall be available for Interagency Crime and Drug Enforcement;
(2)As authorized by section 32401, $13,000,000 to the Bureau of Alcohol, Tobacco and Firearms for disbursement through grants, cooperative agreements, or contracts to local governments for Gang Resistance Education and Training: *Provided,* That notwithstanding sections 32401 and 310001, such funds shall be allocated to State and local law enforcement and prevention organizations. Federal Law Enforcement Training Center salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, as a bureau of the Department of the Treasury, including materials and support costs of Federal law enforcement basic training; purchase (not to exceed 52 for police-type use, without regard to the general purchase price limitation) and hire of passenger motor vehicles; for expenses for student athletic and related activities; uniforms without regard to the general purchase price limitation for the current fiscal year; the conducting of and participating in firearms matches and presentation of awards; for public awareness and enhancing community support of law enforcement 112 STAT. 2681–483training; not to exceed $9,500 for official reception and representation expenses; room and board for student interns; and services as authorized by 5 U.S.C. 3109; $71,923,000, of which up to $13,843,000 for materials and support costs of Federal law enforcement basic training shall remain available until September 30, [42 USC 3771 note](/us/usc/t42/s3771).2001: *Provided,* That the Center is authorized to accept and use gifts of property, both real and personal, and to accept services, for authorized purposes, including funding of a gift of intrinsic value which shall be awarded annually by the Director of the Center to the outstanding student who graduated from a basic training program at the Center during the previous fiscal year, which shall be funded only by gifts received through the Center’s gift authority: *Provided further,* That notwithstanding any other provision of law, students attending training at any Federal Law Enforcement Training Center site shall reside in on-Center or Center-provided housing, insofar as available and in accordance with Center policy: *Provided further,* That funds appropriated in this account shall be available, at the discretion of the Director, for the following: training United States Postal Service law enforcement personnel and Postal police officers; State and local government law enforcement training on a space-available basis; training of foreign law enforcement officials on a space-available basis with reimbursement of actual costs to this appropriation, except that reimbursement may be waived by the Secretary for law enforcement training activities in foreign countries undertaken pursuant to section 801 of the Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104–32; training of private sector security officials on a space-available basis with reimbursement of actual costs to this appropriation; and travel expenses of non-Federal personnel to attend course development meetings and training sponsored by the Center: *Provided further,* That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Federal Law Enforcement Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year: *Provided further,* That the Federal Law Enforcement Training Center is authorized to provide training for the Gang Resistance Education and Training program to Federal and non-Federal personnel at any facility in partnership with the Bureau of Alcohol, Tobacco and Firearms: *Provided further,* That the Federal Law Enforcement Training Center is authorized to provide short-term medical services for students undergoing training at the Center. acquisition, construction, improvements, and related expenses For expansion of the Federal Law Enforcement Training Center, for acquisition of necessary additional real property and facilities, and for ongoing maintenance, facility improvements, and related expenses, $34,760,000, to remain available until expended. Interagency Law Enforcement interagency crime and drug enforcement For expenses necessary for the detection and investigation of individuals involved in organized crime drug trafficking, including 112 STAT. 2681–484cooperative efforts with State and local law enforcement, $51,900,000, of which $7,827,000 shall remain available until expended. Financial Management Service salaries and expenses For necessary expenses of the Financial Management Service, $196,490,000, of which not to exceed $13,235,000 shall remain available until September 30, 2001, for information systems modernization initiatives. federal financing bank For liquidation of certain debts to the United States Treasury incurred by the Federal Financing Bank pursuant to section 9(b) of the Federal Financing Bank Act of 1973, $3,317,960,000. Bureau Of Alcohol, Tobacco and Firearms salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms, including purchase of not to exceed 812 vehicles for Solice-type use, of which 650 shall be for replacement only, and ire of passenger motor vehicles; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director; for payment of per diem and/or subsistence allowances to employees where an assignment to the National Response Team during the investigation of a bombing or arson incident requires an employee to work 16 hours or more per day or to remain overnight at his or her post of duty; not to exceed $15,000 for official reception and representation expenses; for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and provision of laboratory assistance to State and local agencies, with or without reimbursement; $541,574,000, of which $2,206,000 shall not be available for obligation until September 30, 1999; of which $27,000,000 may be used for the Youth Crime Gun Interdiction Initiative; of which not to exceed $1,000,000 shall be available for the payment of attorneys’ fees as provided by 18 U.S.C. 924(d)(2); and of which $1,000,000 shall be available for the equipping of any vessel, vehicle, equipment, or aircraft available for official use by a State or local law enforcement agency if the conveyance will be used in joint law enforcement operations with the Bureau of Alcohol, Tobacco and Firearms and for the payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement personnel, including sworn officers and support personnel, that are incurred in joint operations with the Bureau of Alcohol, Tobacco and Firearms: *Provided,* That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco and Firearms to other agencies or Departments in fiscal year 1999: *Provided further,* That of the funds made available, $4,500,000 shall be made available for the expansion of the National Tracing Center: *Provided further,* That no funds appropriated herein shall be available for salaries or administrative 112 STAT. 2681–485expenses in connection with consolidating or centralizing, within the Department of the Treasury, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: *Provided further,* That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to 27 CFR 178.118 or to change the definition of “Curios or relics” in 27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: *Provided further,* That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c): *Provided further,* That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under 18 U.S.C. 925(c): *Provided further,* That no funds in this Act may be used to provide ballistics imaging equipment to any State or local authority who 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: *Provided further,* That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code. United States Customs Service salaries and expenses For necessary expenses of the United States Customs Service, including purchase and lease of up to 1,050 motor vehicles of which 550 are for replacement only and of which 1,030 are for police-type use and commercial operations; hire of motor vehicles; contracting with individuals for personal services abroad; not to exceed $40,000 for official reception and representation expenses; and awards of compensation to informers, as authorized by any Act enforced by the United States Customs Service, $1,642,565,000, of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be derived from that Account; of the total, not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations, not to exceed $4,000,000 shall be available until expended for research, not to exceed $5,000,000 shall be available until expended for conducting special operations pursuant to 19 U.S.C. 2081, and up to $8,000,000 shall be available until expended for the procurement of automation infrastructure items, including hardware, software, and installation: *Provided,* That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year: *Provided further,* That of the amount provided, an additional $2,400,000 shall be made available for staffing and resources for the child pornography cybers-muggling initiative: *Provided further,* That $500,000 shall be available to fund the expansion of services at the Vermont World Trade Office: *Provided further,* That not to exceed $2,500,000 shall be available until expended for relocation of the Customs Air Branch from Belle Chase to Hammond, Louisiana: *Provided further,* That notwithstanding any other provision of law, the fiscal year aggregate overtime limitation 112 STAT. 2681–486prescribed in subsection 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 261 and 267) shall be $30,000: *Provided further,* That of the amount provided, $9,500,000 shall not be available for obligation until September 30,1999. operation, maintenance and procurement, air and marine interdiction programs For expenses, not otherwise provided for, necessary for the operation and maintenance of marine vessels, aircraft, and other related equipment of the Air and Marine Programs, including operational training and mission-related travel, and rental payments for facilities occupied by the air or marine interdiction and demand reduction programs, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Customs and other Federal, State, and local agencies in the enforcement or administration of laws enforced by the Customs Service; and, at the discretion of the Commissioner of Customs, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, $113,688,000, which shall remain available until expended: *Provided,* That no aircraft or other related equipment, with the exception of aircraft which is one of a kind and has been identified as excess to Customs requirements and aircraft which has been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of the Treasury, during fiscal year 1999 without the prior approval of the Committees on Appropriations. harbor maintenance fee collection (including transfer of funds) For administrative expenses related to the collection of the Harbor Maintenance Fee, pursuant to Public Law 103–182, $3,000,000, to be derived from the Harbor Maintenance Trust Fund and to be transferred to and merged with the Customs “Salaries and Expenses” account for such purposes. Bureau of the Public Debt administering the public debt For necessary expenses connected with any public-debt issues of the United States, $176,500,000, of which not to exceed $2,500 shall be available for official reception and representation expenses, and of which not to exceed $2,000,000 shall remain available until September 30, 2001, for information systems modernization initiatives: *Provided,* That the sum appropriated herein from the General Fund for fiscal year 1999 shall be reduced by not more than $4,400,000 as definitive security issue fees and Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 1999 appropriation from the General Fund estimated at $172,100,000, and in addition, $20,000, to be derived from the Oil Spill Liability Trust Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, as authorized by section 102 of Public Law 101–380: *Provided further,* That notwithstanding any other provisions[31 USC 306 note](/us/usc/t31/s306). of law, effective upon enactment and thereafter, the Bureau 112 STAT. 2681–487of the Public Debt shall be fully and directly reimbursed by the funds described in section 104 of Public Law 101–136 (103 Stat. 789) for costs and services performed by the Bureau in the administration of such funds. Internal Revenue Service processing, assistance, and management For necessary expenses of the Internal Revenue Service for tax returns processing; revenue accounting; tax law and account assistance to taxpayers by telephone and correspondence; programs to match information returns and tax returns; management services; rent and utilities; and inspection; including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $3,086,208,000, of which up to $3,700,000 shall be for the Tax Counseling for the Elderly Program, and of which not to exceed $25,000 shall be for official reception and representation expenses: *Provided,* That of the amount provided, $105,000,000 shall remain available until expended for postage and shall not be obligated before September 30, 1999: *Provided further,* That, pursuant to 39 U.S.C. 3206(a), funds shall continue to be provided to the United States Postal Service for postage due: *Provided further,* That of the amount provided, $25,000,000 shall not be available for obligation until September 30, 1999. tax law enforcement For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities; providing litigation support; issuing technical rulings; examining employee plans and exempt organizations; conducting criminal investigation and enforcement activities; securing unfiled tax returns; collecting unpaid accounts; compiling statistics of income and conducting compliance research; purchase (for police-type use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $3,164,189,000. earned income tax credit compliance initiative For funding essential earned income tax credit compliance and error reduction initiatives pursuant to section 5702 of the Balanced Budget Act of 1997 (Public Law 105–33), $143,000,000, of which not to exceed $10,000,000 may be used to reimburse the Social Security Administration for the costs of implementing section 1090 of the Taxpayer Relief Act of 1997. information systems For necessary expenses of the Internal Revenue Service for information systems and telecommunications support, including developmental information systems and operational information systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $1,265,456,000, which shall remain available until September 30, 2000, and of which 112 STAT. 2681–488$103,000,000 shall be available only for improvements to customer service. information technology investments For necessary expenses of the Internal Revenue Service, $211,000,000, to remain available until September 30, 2002, for the capital asset acquisition of information technology systems, including management and related contractual costs of such acquisition, and including contractual costs associated with operations authorized by 5 U.S.C. 3109: *Provided,* That none of these funds is available for obligation until September 30, 1999: *Provided further,* That none of these funds shall be obligated until the Internal Revenue Service and the Department of the Treasury submit to Congress for approval, a plan for expenditure that:
(1)implements the Internal Revenue Service’s Modernization Blueprint submitted to Congress on May 15, 1997;
(2)meets the information systems investment guidelines established by the Office of Management and Budget and in the fiscal year 1998 budget;
(3)is reviewed and approved by the Office of Management and Budget, the Department of the Treasury’s IRS Management Board, and is reviewed by the General Accounting Office;
(4)meets the requirements of the May 15, 1997 Internal Revenue Service’s Systems Life Cycle program; and
(5)is in compliance with acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government. administrative provisions—internal revenue service Section 101. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the House and Senate Committees on Appropriations. Sec. 102. The Internal Revenue Service shall maintain a training[26 USC 7803 note](/us/usc/t26/s7803). program to ensure that Internal Revenue Service employees are trained in taxpayers’ rights, in dealing courteously with the taxpayers, and in cross-cultural relations. Sec. 103. The funds provided in this Act for the Internal Revenue Service shall be used to provide, as a minimum, the fiscal year 1995 level of service, staffing, and funding for Taxpayer Services. Sec. 104. None of the funds appropriated by this title shall be used in connection with the collection of any underpayment of any tax imposed by the Internal Revenue Code of 1986 unless the conduct of officers and employees of the Internal Revenue Service in connection with such collection, including any private sector employees under contract to the Internal Revenue Service, complies with subsection
(a)of section 805 (relating to communications in connection with debt collection), and section 806 (relating to harassment or abuse), of the Fair Debt Collection Practices Act (15 U.S.C. 1692). Sec. 105. The Internal Revenue Service shall institute[26 USC 6103 note](/us/usc/t26/s6103). and enforce policies and procedures which will safeguard the confidentiality of taxpayer information. Sec. 106. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective 112 STAT. 2681–4891–800 help line for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to increase phone lines and staff to improve the Internal Revenue Service 1–800 help line service. Sec. 107. Notwithstanding any other provision of law, no reorganization of the field office structure of the Internal Revenue Service Criminal Investigation Division will result in a reduction of criminal investigators in Wisconsin and South Dakota from the 1996 level. United States Secret Service salaries and expenses For necessary expenses of the United States Secret Service, including purchase of not to exceed 739 vehicles for police-type use, of which 675 shall be for replacement only, and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments, which may be provided without reimbursement; services of expert witnesses at such rates as may be determined by the Director; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; for payment of per diem and/or subsistence allowances to employees where a protective assignment during the actual day or days of the visit of a protectee require an employee to work 16 hours per day or to remain overnight at his or her post of duty; the conducting of and participating in firearms matches; presentation of awards; for travel of Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations; for research and development; for making grants to conduct behavioral research in support of protective research and operations; not to exceed $20,000 for official reception and representation expenses; not to exceed $50,000 to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; for payment in advance for commercial accommodations as may be necessary to perform protective functions; and for uniforms without regard to the general purchase price limitation for the current fiscal year, $600,302,000: *Provided,* That $18,000,000 provided for protective travel shall remain available until September 30, 2000; *Provided further,* That of the amount provided, $5,000,000 shall not be available for obligation until September 30, 1999. acquisition, construction, improvement, and related expenses For necessary expenses of construction, repair, alteration, and improvement of facilities, $8,068,000, to remain available until expended. General Provisions—Department of the Treasury Sec. 110. Any obligation or expenditure by the Secretary of the Treasury in connection with law enforcement activities of a 112 STAT. 2681–490Federal agency or a Department of the Treasury law enforcement organization in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the Fund on September 30, 1999, shall be made in compliance with reprogramming guidelines. Sec. 111. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. Sec. 112. The funds provided to the Bureau of Alcohol, Tobacco and Firearms for fiscal year 1999 in this Act for the enforcement of the Federal Alcohol Administration Act shall be expended in a manner so as not to diminish enforcement efforts with respect to section 105 of the Federal Alcohol Administration Act. Sec. 113. Not to exceed 2 percent of any appropriations in this Act made available to the Federal Law Enforcement Training Center, Financial Crimes Enforcement Network, Bureau of Alcohol, Tobacco and Firearms, United States Customs Service, and United States Secret Service may be transferred between such appropriations upon the advance approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent. Sec. 114. Not to exceed 2 percent of any appropriations in this Act made available to the Departmental Offices, Office of Inspector General, Financial Management Service, and Bureau of the Public Debt, may be transferred between such appropriations upon the advance approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent. Sec. 115. Section 921(a) of title 18, United States Code, is amended—
(1)in paragraph (5), by striking “the explosive in a fixed shotgun shell” and inserting “an explosive”;
(2)in paragraph (7), by striking “the explosive in a fixed metallic cartridge” and inserting “an explosive”; and
(3)by striking paragraph
(16)and inserting the following: " “(16) The term ‘antique firearm’ means— “(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or “(B) any replica of any firearm described in subparagraph
(A)if such replica— “(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or “(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or “(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed 112 STAT. 2681–491ammunition. For purposes of this subparagraph, the term ‘antique firearm’ shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.”. " Sec. 116. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of the Treasury certifies that the purchase by the respective Treasury bureau is consistent with the vehicle management principles: *Provided,* That the Secretary may delegate this authority to the Assistant Secretary for Management. Sec. 117. Exception to Immunity From Attachment or Execution.
(a)Section 1610 of title 28, United States Code, is amended by adding at the end the following new subsection: " “(f)(1)(A) Notwithstanding any other provision of law, including but not limited to section 208(f) of the Foreign Missions Act (22 U.S.C. 4308(f)), and except as provided in subparagraph (B), any property with respect to which financial transactions are prohibited or regulated pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701–1702), or any other proclamation, order, regulation, or license issued pursuant thereto, shall be subject to execution or attachment in aid of execution of any judgment relating to a claim for which a foreign state (including any agency or instrumentality or such state) claiming such property is not immune under section 1605(a)(7). “(B) Subparagraph
(A)shall not apply if, at the time the property is expropriated or seized by the foreign state, the property has been held in title by a natural person or, if held in trust, has been held for the benefit of a natural person or persons. “(2)(A) At the request of any party in whose favor a judgment has been issued with respect to a claim for which the foreign state is not immune under section 1605(a)(7), the Secretary of the Treasury and the Secretary of State shall fully, promptly, and effectively assist any judgment creditor or any court that has issued any such judgment in identifying, locating, and executing against the property of that foreign state or any agency or instrumentality of such state. “(B) In providing such assistance, the Secretaries— “(i) may provide such information to the court under seal; and “(ii) shall provide the information in a manner sufficient to allow the court to direct the United States Marshall’s office to promptly and effectively execute against that property.”. "
(b)Conforming Amendment.—Section 1606 of title 28, United States Code, is amended by inserting after “punitive damages” the following: “, except any action under section 1605(a)(7) or 1610(f)”. (c)[28 USC 1610 note](/us/usc/t28/s1610). Effective Date.—The amendments made by subsections
(a)and
(b)shall apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of enactment of this Act.112 STAT. 2681–492
(d)Waiver.—The President may waive the requirements of[28 USC 1610 note](/us/usc/t28/s1610). this section in the interest of national security. This title may be cited as the “Treasury Department Appropriations Act, 1999”. TITLE II—POSTAL SERVICEPostal Service Appropriations Act, 1999. Payments to the Postal Service Fund For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections
(c)and
(d)of section 2401 of title 39, United States Code, $71,195,000, which shall remain available until September 30, 2000: *Provided,* That none of the funds provided shall be available for obligation until October 1, 1999: *Provided further,* That mail for overseas voting and mail for the blind shall continue to be free: *Provided further,*[39 USC 403 note](/us/usc/t39/s403). That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: *Provided further,* That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: *Provided further,* That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in the fiscal year ending on September 30, 1999. This title may be cited as the “Postal Service Appropriations Act, 1999”. TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENTExecutive Office Appropriations Act, 1999. Compensation of the President and the White House Office compensation of the president For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000: *Provided,* That none of the funds made available for official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to section 1552 of title 31, United States Code: *Provided further,* That none[3 USC 102 note](/us/usc/t3/s102). of the funds made available for official expenses shall be considered as taxable to the President. salaries and expenses For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President, $52,344,000: *Provided,* That $10,100,000 112 STAT. 2681–493of the funds appropriated shall be available for reimbursements to the White House Communications Agency. Executive Residence at the White House operating expenses For the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President, $8,061,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112–114: *Provided,* That such amount shall not be available for expenses for domestic staff overtime. In addition, for necessary expenses for domestic staff overtime, $630,000: *Provided,* That such amount shall not become available for obligation until the Comptroller General of the United States notifies the Committees on Appropriations that
(1)the Executive Office of the President has received, reviewed, and commented on the draft report of the General Accounting Office with respect to its audit of the Executive Residence at the White House; and
(2)the General Accounting Office has received the comments of the Executive Office of the President. reimbursable expenses For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: *Provided,* That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: *Provided further,* That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: *Provided further,* That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: *Provided further,* That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: *Provided further,* That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: *Provided further,* That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: *Provided further,* That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: *Provided further,* That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 112 STAT. 2681–49490 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: *Provided further,* That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: *Provided further,* That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. Special Assistance to the President and the Official Residence of the Vice President salaries and expenses For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $3,512,000. operating expenses (including transfer of funds) For the care, operation, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $334,000: *Provided,* That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. Council of Economic Advisers salaries and expenses For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $3,666,000. Office of Policy Development salaries and expenses For necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $4,032,000.112 STAT. 2681–495 National Security Council salaries and expenses For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109, $6,806,000. Office of Administration salaries and expenses For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles, $28,350,000. Office of Management and Budget salaries and expenses For necessary expenses of the Office of Management and Budget (OMB), including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $60,617,000, of which not to exceed $5,000,000 shall be available to carry out the provisions of chapter 35 of title 44, United States Code: *Provided,* That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: *Provided further,* That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): *Provided further,* That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or the Committees on Veterans’ Affairs or their subcommittees: *Provided further,* That the preceding shall not apply to printed hearings released by the Committees on Appropriations or the Committees on Veterans’ Affairs: *Provided further,* That the Director of OMB amends Section __.36 of OMB Circular A–110 to require Federal awarding agencies to ensure that all data produced under an award will be made available to the public through the procedures established under the Freedom of Information Act: *Provided further,* That if the agency obtaining the data does so solely at the request of a private party, the agency may authorize a reasonable user fee equaling the incremental cost of obtaining the data: *Provided further,* That OMB is directed to submit a report by March 31, 1999, to the Committees on Appropriations, the Senate Committee on Governmental Affairs, and the House Committee on Government Reform and Oversight that:
(1)identifies specific paperwork reduction accomplishments expected, constituting annual five percent reductions in paperwork expected in fiscal year 1999 and fiscal year 2000; and
(2)issues guidance on the requirements of 5 U.S.C. Sec. 801(a)(1) and (3); sections 804(3), and 808(2), including a standard new rule reporting form for use under section 801(a)(1)(A)–(B).112 STAT. 2681–496 Office of National Drug Control Policy salaries and expenses (including transfer of funds) For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to title I of Public Law 100–690; not to exceed $8,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement; $48,042,000, of which $30,100,000 shall remain available until expended, consisting of $1,100,000 for policy research and evaluation, and $16,000,000 for the Counterdrug Technology Assessment Center for counternarcotics research and development projects, and $13,000,000 for the continued operation of the technology transfer program: *Provided,* That the $16,000,000 for the Counterdrug Technology Assessment Center shall be available for transfer to other Federal departments or agencies: *Provided further,*[21 USC 1702 note](/us/usc/t21/s1702). That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. Federal Drug Control Programs high intensity drug trafficking areas program (including transfer of funds) For necessary expenses of the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program, $182,477,000 for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 51 percent shall be transferred to State and local entities for drug control activities, which shall be obligated within 120 days of the date of enactment of this Act: *Provided,* That funding shall be provided for existing High Intensity Drug Trafficking Areas at no less than the total fiscal year 1998 level consisting of funding from this account as well as the Violent Crime Reduction Trust Fund. special forfeiture fund (including transfer of funds) For activities to support a national anti-drug campaign for youth, and other purposes, authorized by Public Law 100–690, as amended, $214,500,000, to remain available until expended: *Provided,* That such funds may be transferred to other Federal departments and agencies to carry out such activities: *Provided further,* That of the funds provided, $185,000,000 shall be to support a national media campaign to reduce and prevent drug use among young Americans: *Provided further,* That none of the funds provided for the support of a national media campaign may be obligated for the following purposes: to supplant current anti-drug community based coalitions; to supplant current pro bono public service time donated by national and local broadcasting networks; for partisan 112 STAT. 2681–497political purposes; or to fund media campaigns that feature any elected officials, persons seeking elected office, cabinet-level officials, or other Federal officials employed pursuant to Schedule C of title 5, Code of Federal Regulations, section 213, absent advance notice to the Committees on Appropriations and the Senate Judiciary Committee: *Provided further,* That
(1)ONDCP will require a pro bono match commitment up-front as part of its media buy from each and every seller of ad time and space,
(2)ONDCP, or any agent acting on its behalf, may not obligate any funds for the creative development of advertisements from for-profit organizations, not including out-of-pocket production costs and talent reuse payments, unless
(A)the advertisements are intended to reach a minority, ethnic or other special audience that cannot be obtained on a pro bono basis within the time frames required by ONDCP’s advertising and buying agencies, and
(B)ONDCP receives prior approval from the Committees on Appropriations,
(3)ONDCP will submit within three months of enactment of this Act an implementation plan to the Committees on Appropriations to secure corporate sponsorship equaling 40 percent of the appropriated amount in fiscal year 1999, the definition of which is a contribution that is not received as a result of leveraging funds to receive said sponsorship, corporate sponsorship equaling 60 percent of the appropriated amount in fiscal year 2000, corporate sponsorship equaling 80 percent of the appropriated amount in fiscal year 2001, corporate sponsorship equaling 100 percent of the appropriated amount in fiscal year 2002,
(4)the funds provided for the support of a national media campaign may be used to fund the purchase of media time and space, talent re-use payments, out-of-pocket advertising production costs, testing and evaluation of advertising, evaluation of the effectiveness of the media campaign, the negotiated fees for the winning bidder on the request for proposal recently issued by ONDCP, partnership with community, civic, and professional groups, and government organizations related to the media campaign, entertainment industry collaborations to fashion anti-drug messages in movies, television programming, and popular music, interactive (Internet and new) media projects/activities, public information (News Media Outreach), and corporate sponsorship/participation,
(5)ONDCP shall not obligate funds provided for the national media campaign for fiscal year 1999 until ONDCP has submitted the evaluation and results of Phase I of the campaign to the Committees on Appropriations, and may obligate not more than 75 percent of these funds until ONDCP has submitted the evaluation and results of Phase II of the campaign to the Committees on Appropriations, and
(6)ONDCP is required to report to the Committees on Appropriations not only quarterly, but also to provide monthly itemized reports of all expenditures and obligations relating to the media campaign as well as the specific parameters of the national media campaign, and shall report to Congress within one year on the effectiveness of the national media campaign based upon the measurable outcomes provided to Congress previously: *Provided further,* That of the funds provided, $4,500,000 shall be available for transfer to the Agricultural Research Service for anti-drug research and related matters: *Provided further,* That of the provided, $20,000,000 shall be to continue a program of matching grants to drug-free communities, as authorized in the Drug-Free Communities Act of 1997: *Provided further,* That of 112 STAT. 2681–498the funds provided, $5,000,000 shall be available for the chronic users study. Unanticipated Needs For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, $1,000,000. This title may be cited as the “Executive Office Appropriations Act, 1999”. TITLE IV—INDEPENDENT AGENCIESIndependent Agencies Appropriations Act, 1999. Committee for Purchase From People Who Are Blind or Severely Disabled salaries and expenses For necessary expenses of the Committee for Purchase From People Who Are Blind or Severely Disabled established by the Act of June 23, 1971, Public Law 92–28, $2,464,000. Federal Election Commission salaries and expenses For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended, $36,500,000, of which no less than $4,402,500 shall be available for internal automated data processing systems, and of which not to exceed $5,000 shall be available for reception and representation expenses: *Provided,* That of the amounts appropriated for salaries and expenses, $1,120,000 may not be obligated until the Federal Election Commission submits a plan for approval to the House Committee on Appropriations for the expenditure of such funds. Federal Labor Relations Authority salaries and expenses For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, including hire of experts and consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere, $22,586,000: *Provided,* That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: *Provided further,* That notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences.112 STAT. 2681–499 General Services Administration federal buildings fund limitations on availability of revenue (including transfer of funds) For additional expenses necessary to carry out the purpose of the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)), $450,018,000 to be deposited into the Fund. The revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $5,605,018,000, of which:
(1)$492,190,000 shall remain available until expended for construction of additional projects at locations and at maximum construction improvement costs (including funds for sites and expenses and associated design and construction services) as follows: New construction: Arkansas: Little Rock, U.S. courthouse, $3,436,000 California: San Diego, U.S. courthouse, $15,400,000 San Jose, U.S. courthouse, $10,800,000 Colorado: Denver, U.S. courthouse, $83,959,000 District of Columbia: Southeast Federal Center remediation, $10,000,000 Florida: Jacksonville, U.S. courthouse, $86,010,000 Orlando, U.S. courthouse, $1,930,000 Massachusetts: Springfield, U.S. courthouse, $5,563,000 Michigan: Sault Sainte Marie, border station, $572,000 Mississippi: Biloxi-Gulfport, U.S. courthouse, $7,543,000 Missouri:112 STAT. 2681–500 Cape Girardeau, U.S. courthouse, $2,196,000 Montana: Babb, Piegan border station, $6,165,000 New York: Brooklyn, U.S. courthouse, $152,626,000 New York, U.S. Mission to the United Nations, $3,163,000 Oregon: Eugene, U.S. courthouse, $7,190,000 Tennessee: Greenville, U.S. courthouse, $28,229,000 Texas: Laredo, U.S. courthouse, $28,105,000 West Virginia: Wheeling, U.S. courthouse, $29,303,000 Nationwide: Non-prospectus, $10,000,000: *Provided,* That each of the immediately foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: *Provided further,* That notwithstanding any other provision of law in order to rescind a General Services Administration property sale, the General Services Administration is authorized to re-acquire that parcel of land on Block 111, East Denver, Denver, Colorado, which was sold at public auction by the Federal government to its present owner pursuant to paragraphs
(6)and
(7)of section 12 of Public Law 94–204 (43 U.S.C. 1611 note) at a price equivalent to the 1988 auction sale price plus the amount of cumulative consumer price index, pursuant to the methodology as used in Public Law 104–42, Sec. 107(a), from the closing date of the sale until the date of re-acquisition by the Federal government, offset by any net income received from the property by the present owner since the 1988 sale: *Provided further,* That the funds provided in Public Law 102–393 for Hilo, Hawaii, shall be expended for the planning and design of the Mauna Kea Astronomy Educational Center, notwithstanding Public Law 103–123, and of the funds provided not more than $475,000 is to be disbursed in this fiscal year: *Provided further,* That all funds for direct construction projects shall expire on September 30, 2000, and remain in the Federal Buildings Fund except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: *Provided further,* That of the funds provided for non-prospectus construction projects, $2,100,000 shall be available until expended for acquisition, lease, construction, and equipping of flexiplace telecommuting centers: *Provided further,* That from the funds made available under this heading in this or prior Acts of Congress, the Administrator of General Services may purchase at a price he determines appropriate, notwithstanding any other provision of law, property adjacent to the new courthouse currently under construction in Scranton, Pennsylvania;
(2)$668,031,000 shall remain available until expended, for repairs and alterations which includes associated design and construction services: *Provided further,* That of the amount provided, $161,500,000 shall not be available for obligation until September 30, 1999: *Provided further,* That funds in the Federal Buildings Fund for Repairs and 112 STAT. 2681–501Alterations shall, for prospectus projects, be limited to the amount by project as follows, except each project may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: Repairs and alterations: California: San Francisco, Appraisers Building, $29,778,000 Colorado: Lakewood, Denver Federal Center, Building 25, $29,351,000 District of Columbia: Federal Office Building, 10B, $13,844,000 Interstate Commerce Commission, Connecting Wing Complex, Customs Building, Phase 3/3, $83,959,000 Old Executive Office Building, $25,210,000 Department of State, Phase 1, $29,779,000 New York: Brookhaven, Internal Revenue Service, Service Center, $20,019,000 New York, U.S. Courthouse, 40 Foley Square, $4,782,000 Pennsylvania: Philadelphia, Byrne-Green, Federal Building-U.S. Courthouse, $11,212,000 Virginia: Reston, J.W. Powell Building, $9,151,000 Nationwide: Chlorofluorocarbons Program, $25,000,000 Energy Program, $25,000,000 Design Program, $16,710,000 Basic Repairs and Alteration, $344,236,000: *Provided further,* That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: *Provided further,* That the amounts provided in this or any prior Act for “Repairs and Alterations” may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: *Provided further,* That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading “Repairs and Alterations”, may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: *Provided further,* That all funds for repairs and alterations prospectus projects shall expire on September 30, 2000, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: *Provided further,* That of the amount provided, $100,000 shall be used to address the lighting issues at the Byrne-Green Federal Courthouse in Philadelphia, Pennsylvania: *Provided further,* That of the amount provided in this or any prior Act for Basic Repairs and Alterations, $1,600,000 shall be provided to complete the alterations required at the Milwaukee, Wisconsin Courthouse: *Provided further,* That of the amount provided in this or any prior Act for Basic Repairs and Alterations, $1,100,000 may be used to 112 STAT. 2681–502provide a new fence surrounding the Suitland Federal Complex in Suitland, Maryland: *Provided further,* That $5,700,000 of the funds provided under this heading in Public Law 103–329 for the Holtsville, New York, IRS Service Center shall remain available until September 30, 1999: *Provided further,* That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading “Repairs and Alterations” or used to fund authorized increases in prospectus projects;
(3)$215,764,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended;
(4)$2,583,261,000 for rental of space which shall remain available until expended: *Provided further,* That of the amount provided, $15,000,000 shall not be available for obligation until September 30, 1999; and
(5)$1,554,772,000 for building operations which shall remain available until expended: *Provided further,* That of the amount provided $68,000,000 shall not be available for obligation until September 30, 1999: *Provided further,* That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: *Provided further,*[40 USC 490i](/us/usc/t40/s490/i). That for the purposes of this authorization, and hereafter, buildings constructed pursuant to the purchase contract authority of the Public Buildings Amendments of 1972 (40 U.S.C. 602a), buildings occupied pursuant to installment purchase contracts, and buildings under the control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of the General Services Administration shall be considered to be federally owned buildings: *Provided further,* That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections: *Provided further,* That the remaining balances[40 USC 872 note](/us/usc/t40/s872). and associated assets and liabilities of the Pennsylvania Avenue Activities account are hereby transferred to the Federal Buildings Fund to be effective October 1, 1998, and that all income earned after that effective date that would otherwise have been deposited to the Pennsylvania Avenue Activities account shall thereafter be deposited to the Federal Buildings Fund, to be available for the purposes authorized by Public Laws 104–134 and 104–208, notwithstanding subsection 210(f)(2) of the Federal Property and Administrative Services Act, as amended: *Provided further,* That of the amount provided, $475,000 shall be made available for the 1999 Women’s World Cup Soccer event: *Provided further,* That of the amount provided, $600,000 shall be made available 112 STAT. 2681–503for the 1999 World Alpine Ski Championships: *Provided further,* That revenues and collections and any other sums accruing to this Fund during fiscal year 1999, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) in excess of $5,605,018,000 shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. policy and operations For expenses authorized by law, not otherwise provided for, for Government-wide policy and oversight activities associated with asset management activities; utilization and donation of surplus personal property; transportation; procurement and supply; Government-wide and internal responsibilities relating to automated data management, telecommunications, information resources management, and related technology activities; utilization survey, deed compliance inspection, appraisal, environmental and cultural analysis, and land use planning functions pertaining to excess and surplus real property; agency-wide policy direction; Board of Contract Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United States Court of Federal Claims; services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for official reception and representation expenses; $109,594,000: *Provided,* That none of the funds appropriated from this Act shall be available to convert the Old Post Office at 1100 Pennsylvania Avenue in Northwest Washington, D.C., from office use to any other use until a comprehensive plan, which shall include street-level retail use, has been approved by the Senate Committee on Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Environment and Public Works: *Provided further,* That no funds from this Act shall be available to acquire by purchase, condemnation, or otherwise the leasehold rights of the existing lease with private parties at the Old Post Office prior to the approval of the comprehensive plan by the Senate Committee on Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Environment and Public Works: *Provided further,* That $100,000 is provided to the property disposal activity for the Racine, Wisconsin, property transfer identified in General Services Administration General Provision section 409. office of inspector general For necessary expenses of the Office of Inspector General and services authorized by 5 U.S.C. 3109, $32,000,000: *Provided,* That not to exceed $10,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: *Provided further,* That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness.112 STAT. 2681–504 allowances and office staff for former presidents (including transfer of funds) For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95–138, $2,241,000: *Provided,* That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of such Acts. general provisions—general services administration Sec. 401. The appropriate appropriation or fund available to the General Services Administration shall be credited with the cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129). Sec. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. Sec. 403. Funds in the Federal Buildings Fund made available for fiscal year 1999 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: *Provided,* That any proposed transfers shall be approved in advance by the Committees on Appropriations. Sec. 404. No funds made available by this Act shall be used to transmit a fiscal year 2000 request for United States Courthouse construction that:
(1)does not meet the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; and
(2)does not reflect the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan: *Provided,* That the fiscal year 2000 request must be accompanied by a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. Sec. 405. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency which does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public Law 92–313). Sec. 406. Funds provided to other Government agencies by the Information Technology Fund, General Services Administration, under 40 U.S.C. 757 and sections 5124(b) and 5128 of Public Law 104–106, Information Technology Management Reform Act of 1996, for performance of pilot information technology projects which have potential for Government-wide benefits and savings, may be repaid to this Fund from any savings actually incurred by these projects or other funding, to the extent feasible. Sec. 407. From funds made available under the heading “Federal Buildings Fund Limitations on Revenue”, claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations.112 STAT. 2681–505 Sec. 408. From the funds made available under the heading “Federal Buildings Fund Limitations on Revenue”, in addition to amounts provided in budget activities above, up to $5,000,000 shall be available for the demolition, cleanup and conveyance of the property at block 35 and lot 2 of block 36 in Anchorage, Alaska: *Provided,* That notwithstanding any other provision of law, the Administrator of General Services shall, not later than 18 months after the date of enactment of this Act, demolish and remove all buildings, structures and other fixtures on the property at block 35 and lot 2 of block 36, Anchorage Original Townsite East Addition, Anchorage, Alaska, excluding any portion dedicated for use by the Centers for Disease Control and Prevention: *Provided further,* That the remediation of said parcel shall include the removal of all asbestos, lead and any other contamination, and restoration of the property, to the extent practicable, to an undeveloped condition: *Provided further,* That upon completion of the activities required for the demolition and removal of buildings, and notwithstanding any other provision of law, the Administrator of General Services shall convey to the municipality of Anchorage, without reimbursement, all right, title, and interest of the United States to the property. Sec. 409. The Administrator of General Services may convey to the City of Racine, Wisconsin, all right, title, and interest of the United States in and to a parcel of excess real property, including improvements thereon, that is located on 2310 Center Street, commencing at the intersection of the North line of 24th Street and the center line of Center Street, being the point of the beginning; thence Northerly along the center line of Center Street, 426 feet to the South line of 23rd Street extended East; thence Westerly along the South line of 23rd Street extended East; 325 feet to the West line of Franklin Street extended South; thence southerly along the West line of Franklin Street extended South to a point on the North line of 24th Street; thence Easterly along the North line of 24th Street to the point of beginning located in Racine, Wisconsin, and which contains the U.S. Army Reserve Center. Sec. 410. Department of Transportation Headquarters.
(a)In General.—The Administrator of General Services shall—
(1)enter into an operating lease to acquire space for the Department of Transportation headquarters; and
(2)commence procurement of the lease not later than November 1,1998: *Provided,* That the annual rent payment does not exceed $55,000,000.
(b)Terms.—The authority granted in subsection
(a)is effective only to the extent that the lease acquisition meets the guidelines for operating leases set forth in the joint statement of the managers for the conference report to the Balanced Budget Agreement of 1997, as determined by the Director of the Office of Management and Budget. Sec. 411. Notwithstanding any other provision of law, the requirement under section 407 of Public Law 104–208 (110 Stat. 3009–337–38), that the Administrator of General Services charge user fees for flexiplace telecommuting centers that approximate commercial charges for comparable space and services but in no instance less than the amount necessary to pay the cost of establishing and operating such centers, shall not apply to the user fees charged for the period beginning October 1, 1996, and ending 112 STAT. 2681–506September 30, 1998, for the telecommuting centers established as part of a pilot telecommuting demonstration program in the Washington, D.C. metropolitan area by Public Laws 102–393, 103– 123, 103–329, 104–52, and 104–208: *Provided,* That for these centers in the pilot demonstration program for the period beginning October 1, 1998, and ending September 30, 2000, the Administrator shall charge fees for Federal agency use of a telecenter based on 50 percent of the Administrator’s annual costs of operating the center, including the reasonable cost of replacement for furniture, fixtures, and equipment: *Provided further,* That effective October 1, 2000, the Administrator shall charge fees for Federal agency use of the demonstration telecommuting centers based on 100 percent of the annual operating costs, including the reasonable cost of replacement for furniture, fixtures, and equipment: *Provided further,* That, to the extent such user charges do not cover the Administrator’s costs in operating these centers, appropriations to the General Services Administration are authorized to reimburse the Federal Buildings Fund for any loss of revenue. Sec. 412.
(a)Authority to Convey.—
(1)In general.—Notwithstanding any other provision of law, the Administrator of General Services shall convey to the University of Miami, by negotiated sale or by negotiated land exchange and by not later than September 30, 1999, all right, title, and interest of the United States in and to the property described in paragraph (2).
(2)Property described.—The property referred to in paragraph
(1)is real property in Miami-Dade County, Florida, including improvements thereon, comprising the Federal facility known as the United States Naval Observatory/Altemate Time Service Laboratory, consisting of approximately 76 acres. The exact acreage and legal description of the property shall be determined by a survey that is satisfactory to the Administrator.
(b)Condition Regarding Use.—Any conveyance under subsection
(a)shall be subject to the condition that during the 10-year period beginning on the date of the conveyance, the University shall use the property, or provide for use of the property, only for—
(1)a research, education, and training facility complementary to longstanding national research missions, subject to such incidental exceptions as may be approved by the Administrator;
(2)research-related purposes other than the use specified in paragraph (1), under an agreement entered into by the Administrator and the University; or
(3)a combination of uses described in paragraph
(1)and paragraph (2), respectively.
(c)Additional Terms and Conditions.—The Administrator may require such additional terms and conditions with respect to the conveyance under subsection
(a)as the Administrator considers appropriate to protect the interests of the United States.
(d)Reversion.—If the Administrator determines at any time that the property conveyed under subsection
(a)is not being used in accordance with this section, all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon.112 STAT. 2681–507 Sec. 413. The Administrator of General Services is directed to reincorporate the elements of the original proposed design for the facade of the United States Courthouse, London, Kentucky, project into the revised design of the building in order to ensure compatibility of this new facility with the historic U.S. Courthouse in London, Kentucky, to maintain the stateliness of the building. Construction or design of the London, Kentucky, project should not be diminished in any way to achieve this goal. Environmental Dispute Resolution Fund For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1997, $4,250,000, to remain available until expended, of which $3,000,000 will be for capitalization of the Fund, and $1,250,000 will be for annual operating expenses. Merit Systems Protection Board salaries and expenses (including transfer of funds) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and direct procurement of survey printing, $25,805,000, together with not to exceed $2,430,000 for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems. Protection Board. National Archives and Records Administration operating expenses For necessary expenses in connection with the administration of the National Archives (including the Information Security Oversight Office) and records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the hire of passenger motor vehicles, $224,614,000: *Provided,* That of the amount provided, $7,861,000 shall not be available for obligation until September 30, 1999: *Provided further,* That the Archivist of the United States is authorized to use any excess funds available from the amount borrowed for construction of the National Archives facility, for expenses necessary to provide adequate storage for holdings. repairs and restoration For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $11,325,000, to remain available until expended, of which $2,000,000 is for an architectural and engineering study for the renovation of the Archives I facility, of which $4,000,000 is for encasement of the Charters of Freedom, and of which $875,000 is for a requirements 112 STAT. 2681–508study and design of the National Archives Anchorage, Alaska, facility. National Historical Publications and Records Commission grants program For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, as amended, $10,000,000, to remain available until expended: *Provided,* That of the amount provided, $4,000,000 shall not be available for obligation until September 30,1999. Office of Government Ethics salaries and expenses For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, as amended and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $8,492,000. Office of Personnel Management salaries and expenses (including transfer of trust funds) For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $85,350,000; and in addition $91,236,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel Management without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: *Provided,* That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by section 8348(a)(1)(B) of title 5, United States Code: *Provided further,* That, except as may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no payment may be made from the Employees Health Benefits Fund to any physician, hospital, or other provider of health care services or supplies who is, at the time such services or supplies are provided to an individual covered under chapter 89 of title 5, United States Code, excluded, pursuant to section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a–7 through 112 STAT. 2681–5091320a–7a), from participation in any program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.): *Provided further,* That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: *Provided further,* That the President’s Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 1999, accept donations of money, property, and personal services in connection with the development of a publicity brochure to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission. office of inspector general salaries and expenses (including transfer of trust funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $960,000; and in addition, not to exceed $9,145,000 for administrative expenses to audit the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: *Provided,* That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. government payment for annuitants, employees health benefits For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, such sums as may be necessary. government payment for annuitants, employee life insurance For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 of title 5, United States Code, such sums as may be necessary. payment to civil service retirement and disability fund For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, [33 USC 776](/us/usc/t33/s776).such sums as may be necessary: *Provided,* That annuities authorized by the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter be paid out of the Civil Service Retirement and Disability Fund.112 STAT. 2681–510 Office of Special Counsel salaries and expenses For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 (Public Law 95–454), the Whistleblower Protection Act of 1989 (Public Law 101–12), Public Law 103–424, and the Uniformed Services Employment and Reemployment Act of 1994 (Public Law 103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles, $8,720,000. United States Tax Court salaries and expenses For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $32,765,000: *Provided,*[26 USC 7443 note](/us/usc/t26/s7443). That travel expenses of the judges shall be paid upon the written certificate of the judge. This title may be cited as the “Independent Agencies Appropriations Act, 1999”. TITLE V—GENERAL PROVISIONS This Act Sec. 501. 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. 502. 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. 503. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930. Sec. 504. None of the funds made available by this Act shall be available in fiscal year 1999 for the purpose of transferring control over the Federal Law Enforcement Training Center located at Glynco, Georgia, and Artesia, New Mexico, out of the Department of the Treasury. Sec. 505. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of 112 STAT. 2681–511not more than 1 year, made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto. Sec. 506. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance 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”). Sec. 507.
(a)Purchase of American-Made Equipment and Products.—In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products.
(b)Notice to Recipients of Assistance.—In providing financial assistance under this Act, the Secretary of the Treasury shall provide to each recipient of the assistance a notice describing the statement made in subsection
(a)by the Congress. Sec. 508. 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, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to 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. 509. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefit program which provides any benefits or coverage for abortions. Sec. 510. The provision of section 509 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. Sec. 511. Except as otherwise specifically provided by law, not to exceed 50 percent of 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 September 30, 2000, for each such account for the purposes authorized: *Provided,* That a request shall be submitted to the Committees on Appropriations for approval prior to the expenditure of such funds: *Provided further,* That these requests shall be made in compliance with reprogramming guidelines. Sec. 512. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when it is made known to the Federal official having authority to obligate or expend such funds that—
(1)such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or
(2)such request is required due to extraordinary circumstances involving national security.112 STAT. 2681–512 Sec. 513. Funds provided in this Act may be used to initiate or continue projects or activities to the extent necessary, consistent with existing agency plans, to achieve Year 2000
(Y2K)computer conversion until such time as supplemental appropriations are made available for that purpose: *Provided,* That the program, project, or activity from which funds are obligated for Y2K conversion activities shall be reimbursed when such supplemental appropriations are made available. Sec. 515. Hereafter, any payment of attorneys fees, costs, and sanctions required to be made by the Federal Government pursuant to the order of the district court in the case *Association of American Physicians and Surgeons, Inc. v. Clinton*, 989 F. Supp. 8 (1997), or any appeal of such case, shall be derived by transfer from amounts made available in this or any other Act for any fiscal year for “Compensation of the President and the White House Office-Salaries and Expenses”. Sec. 516. Notwithstanding Section 515 of Public Law 104–208, fifty percent of the unobligated balances available to the White House Office, Salaries and Expenses appropriations in fiscal year 1997, shall remain available through September 30, 1999, for the purposes of satisfying the conditions of Section 515 of this Act. Sec. 517. The Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992, as amended (20 U.S.C. 5601 et seq.), is amended as follows:
(a)in section 11, by—[20 USC 5607b](/us/usc/t20/s5607/b).
(1)deleting the heading and inserting “Use of the Institute by a Federal Agency or Other Entity.”; and
(2)adding the following new subsection at the end: " “(e) Non-Federal Entities.— “(1) Non-Federal entities, including state and local governments, Native American tribal governments, nongovernmental organizations and persons, as defined in 1 U.S.C. 1, may use the Foundation and the Institute to provide assessment, mediation, or other related services in connection with a dispute or conflict involving the Federal government related to the environment, public lands, or natural resources. “(2) Payment into the environmental dispute resolution fund.—Entities utilizing services pursuant to this subsection shall reimburse the Institute for the costs of services provided. Such amounts shall be deposited into the Environmental Dispute Resolution Fund established under section 10.”; and "
(b)in section 12, by:[20 USC 5608](/us/usc/t20/s5608).
(1)deleting “In General—” and inserting “(a) In General—”; and
(2)adding the following new subsection: “(b) The Institute.—The authorities set forth above shall, with the exception of paragraph (4), apply to the Institute established pursuant to section 10.”; and
(c)in section 10(b), by adding before the period as follows:[20 USC 5607a](/us/usc/t20/s5607/a). “, including not to exceed $1,000 annually for official reception and representation expenses”. Sec. 518. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act (Public Law 93–400; 41 U.S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code.112 STAT. 2681–513 TITLE VI—GENERAL PROVISIONS Departments, Agencies, and Corporations Sec. 601. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. Sec. 602. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 1999 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. Sec. 603.[40 USC 490b note](/us/usc/t40/s490/b). Notwithstanding 31 U.S.C. 1345, any agency, department, or instrumentality of the United States which provides or proposes to provide child care services for Federal employees may, in fiscal year 1999 and thereafter, reimburse any Federal employee or any person employed to provide such services for travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with the provision of such services: *Provided,* That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations prescribed pursuant to section 5707 of title 5, United States Code. Sec. 604.[31 USC 1343 note](/us/usc/t31/s1343). Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: *Provided,* That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: *Provided further,* That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: *Provided further,* That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles. Sec. 605. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. Sec. 606.[5 USC 3101 note](/us/usc/t5/s3101). Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person:
(1)is a citizen of the United States;
(2)is a person in the service of the United States on 112 STAT. 2681–514the date of enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States;
(3)is a person who owes allegiance to the United States;
(4)is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence;
(5)is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or
(6)is a national of the People’s Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: *Provided,* That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: *Provided further,* That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: *Provided further,* That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: *Provided further,* That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies. Sec. 607. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law. Sec. 608. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes:
(1)Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 12873 (October 20, 1993), including any such programs adopted prior to the effective date of the Executive order.
(2)Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.
(3)Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. Sec. 609. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States 112 STAT. 2681–515Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: *Provided,* That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. Sec. 610. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. Sec. 611. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. Sec. 612. Funds made available by this or any other Act to the Postal Service Fund (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service and under the charge and control of the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). Sec. 613. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. Sec. 614.[5 USC 5343 note](/us/usc/t5/s5343).
(a)Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 1999, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code—
(1)during the period from the date of expiration of the limitation imposed by section 614 of the Treasury and General Government Appropriations Act, 1998, until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 1999, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section 614; and (2)during the period consisting of the remainder of fiscal year 1999, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph
(1)by more than the sum of—112 STAT. 2681–516
(A)the percentage adjustment taking effect in fiscal year 1999 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and
(B)the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 1999 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in fiscal year 1998 under such section.
(b)Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph
(B)or
(C)of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection
(a)is in effect at a rate that exceeds the rates that would be payable under subsection
(a)were subsection
(a)applicable to such employee.
(c)For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 1998, shall be determined under regulations prescribed by the Office of Personnel Management.
(d)Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1998, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.
(e)This section shall apply with respect to pay for service performed after September 30,1998.
(f)For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.
(g)Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.
(h)The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. Sec. 615. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations. For the purposes of this section, the word “office” shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.112 STAT. 2681–517 Sec. 616. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. Sec. 617. Notwithstanding section 1346 of title 31, United States Code, or section 611 of this Act, funds made available for fiscal year 1999 by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 12472 (April 3, 1984). Sec. 618.
(a)None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House.
(b)The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from—
(1)the Central Intelligence Agency;
(2)the National Security Agency;
(3)the Defense Intelligence Agency;
(4)the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;
(5)the Bureau of Intelligence and Research of the Department of State;
(6)any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and
(7)the Director of Central Intelligence. Sec. 619. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 1999 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973. Sec. 620. No part of any appropriation contained in this Act may be used to pay for the expenses of travel of employees, including employees of the Executive Office of the President, not directly 112 STAT. 2681–518responsible for the discharge of official governmental tasks and duties: *Provided,* That this restriction shall not apply to the family of the President, Members of Congress or their spouses, Heads of State of a foreign country or their designees, persons providing assistance to the President for official purposes, or other individuals so designated by the President. Sec. 621. For purposes of each provision of law amended by[5 USC 5303 note](/us/usc/t5/s5303). section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1999 in the rates of basic pay for the statutory pay systems. Sec. 622. None of the funds appropriated in this or any other Act shall be used to acquire information technologies which do not comply with part 39.106 (Year 2000 compliance) of the Federal Acquisition Regulation, unless an agency’s Chief Information Officer determines that noncompliance with part 39.106 is necessary to the function and operation of the requesting agency or the acquisition is required by a signed contract with the agency in effect before the date of enactment of this Act. Any waiver granted by the Chief Information Officer shall be reported to the Office of Management and Budget, and copies shall be provided to Congress. Sec. 623. None of the funds made available in this Act for the United States Customs Service may be used to allow the importation into the United States of any good, ware, article, or merchandise mined, produced, or manufactured by forced or indentured child labor, as determined pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). Sec. 624. Notwithstanding any other provision of law, no part[5 USC 5546 note](/us/usc/t5/s5546). of any funds provided by this Act or any other Act beginning in fiscal year 1999 and thereafter shall be available for paying Sunday premium pay to any employee unless such employee actually performed work during the time corresponding to such premium pay. Sec. 625. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who—
(1)prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or
(2)removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer 112 STAT. 2681–519or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). Sec. 626. Section 626(b) of the Treasury, Postal Service, and General Government Appropriations Act, 1997, as contained in section 101(f) of Public Law 104–208 (110 Stat. 3009–360), the Omnibus Consolidated Appropriations Act, 1997, is amended to read as follows: “(b) Until September 30, 1999, or until the end of the current FTS 2000 contracts, whichever is earlier, subsection
(a)shall continue to apply to the use of the funds appropriated by this or any other Act.”. Sec. 627.
(a)Definitions.—In this section—
(1)the term “crime of violence” has the meaning given that term in section 16 of title 18, United States Code; and
(2)the term “law enforcement officer” means any employee described in subparagraph (A), (B), or
(C)of section 8401(17) of title 5, United States Code; and any special agent in the Diplomatic Security Service of the Department of State.
(b)Rule of Construction.—Notwithstanding any other provision of law, for purposes of chapter 171 of title 28, United States Code, or any other provision of law relating to tort liability, a law enforcement officer shall be construed to be acting within the scope of his or her office or employment, if the officer takes reasonable action, including the use of force, to—
(1)protect an individual in the presence of the officer from a crime of violence;
(2)provide immediate assistance to an individual who has suffered or who is threatened with bodily harm; or
(3)prevent the escape of any individual who the officer reasonably believes to have committed in the presence of the officer a crime of violence. Sec. 628. Federal Firefighters Overtime Pay Reform Act of 1998.
(a)In General.—Subchapter V of chapter 55 of title 5, United States Code, is amended—
(1)in section 5542 by adding at the end the following new subsection: " “(f) In applying subsection
(a)of this section with respect to a firefighter who is subject to section 5545b— “(1) such subsection shall be deemed to apply to hours of work officially ordered or approved in excess of 106 hours in a biweekly pay period, or, if the agency establishes a weekly basis for overtime pay computation, in excess of 53 hours in an administrative workweek; and “(2) the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay under section 5545b (b)(1)(A) or (c)(1)(B), as applicable, and such overtime hourly rate of pay may not be less than such hourly rate of basic pay in applying the limitation on the overtime rate provided in paragraph
(2)of such subsection (a).”; and "
(2)by inserting after section 5545a the following new section: " “§ 5545b. Pay for firefighters “(a) This section applies to an employee whose position is classified in the firefighter occupation in conformance with the GS–081 standard published by the Office of Personnel Management, and whose normal work schedule, as in effect throughout the year, 112 STAT. 2681–520consists of regular tours of duty which average at least 106 hours per biweekly pay period. “(b)(1) If the regular tour of duty of a firefighter subject to this section generally consists of 24-hour shifts, rather than a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay— “(A) paragraph
(1)of such section shall be deemed to require that the annual rate be divided by 2756 to derive the hourly rate; and “(B) the computation of such firefighter’s daily, weekly, or biweekly rate shall be based on the hourly rate under subparagraph (A); “(2) For the purpose of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include an amount equal to the firefighter’s basic hourly rate (as computed under paragraph (1)(A)) for all hours in such firefighter’s regular tour of duty (including overtime hours). “(c)(1) If the regular tour of duty of a firefighter subject to this section includes a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay— “(A) the provisions of such section shall apply to the hours within the basic 40-hour workweek; “(B) for hours outside the basic 40-hour workweek, such section shall be deemed to require that the hourly rate be derived by dividing the annual rate by 2756; and “(C) the computation of such firefighter’s daily, weekly, or biweekly rate shall be based on subparagraphs
(A)and (B), as each applies to the hours involved. “(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include— “(A) an amount computed under paragraph (1)(A) for the hours within the basic 40-hour workweek; and “(B) an amount equal to the firefighter’s basic hourly rate (as computed under paragraph (1)(B)) for all hours outside the basic 40-hour workweek that are within such firefighter’s regular tour of duty (including overtime hours). “(d)(1) A firefighter who is subject to this section shall receive overtime pay in accordance with section 5542, but shall not receive premium pay provided by other provisions of this subchapter. “(2) For the purpose of applying section 7(k) of the Fair Labor Standards Act of 1938 to a firefighter who is subject to this section, no violation referred to in such section 7(k) shall be deemed to have occurred if the requirements of section 5542(a) are met, applying section 5542(a) as provided in subsection
(f)of that section: *Provided,* That the overtime hourly rate of pay for such firefighter shall in all cases be an amount equal to one and one-half times the firefighter’s hourly rate of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this section, as applicable.112 STAT. 2681–521 “(3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would permit an agency to reduce or eliminate the variation in the amount of firefighters’ biweekly pay caused by work scheduling cycles that result in varying hours in the regular tours of duty from pay period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the work scheduling cycle shall, to the extent practicable, remain unaffected.”. "
(b)Technical and Conforming Amendment.—The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5545a the following: " “5545b. Pay for firefighters.”. "
(c)Training.—Section 4109 of title 5, United States Code, is amended by adding at the end the following new subsection: " “(d) Notwithstanding subsection (a)(1), a firefighter who is subject to section 5545b of this title shall be paid basic pay and overtime pay for the firefighter’s regular tour of duty while attending agency sanctioned training.”. "
(d)Inclusion in Basic Pay for Federal Retirement.—Section 8331(3) of title 5, United States Code, is amended—
(1)by striking “and” after subparagraph (D);
(2)by redesignating subparagraph
(E)as subparagraph (G);
(3)by inserting the following: " “(E) with respect to a criminal investigator, availability pay under section 5545a of this title; “(F) pay as provided in section 5545b(b)(2) and (c)(2); and ”; and "
(4)by striking “subparagraphs (B), (C), (D), and (E)” and inserting “subparagraphs
(B)through (G)”. (e)[5 USC 4109 note](/us/usc/t5/s4109). Effective Date.—The amendments made by this section shall take effect on the first day of the first applicable pay period which begins on or after October 1,1998. (f)[5 USC 5545b note](/us/usc/t5/s5545/b). Regulations.—Under regulations prescribed by the Office of Personnel Management, a firefighter subject to section 5545b of title 5, United States Code, as added by this section, whose regular tours of duty average 60 hours or less per workweek and do not include a basic 40-hour workweek, shall, upon implementation of this section, be granted an increase in basic pay equal to 2 step-increases of the applicable General Schedule grade, and such increase shall not be an equivalent increase in pay. If such increase results in a change to a longer waiting period for the firefighter’s next step increase, the firefighter shall be credited with an additional year of service for the purpose of such waiting period. If such increase results in a rate of basic pay which is above the maximum rate of the applicable grade, such resulting pay rate shall be treated as a retained rate of basic pay in accordance with section 5363 of title 5, United States Code. (g)[5 USC 5545b note](/us/usc/t5/s5545/b). No Reduction in Regular Pay.—Under regulations prescribed by the Office of Personnel Management, the regular pay (over the established work scheduling cycle) of a firefighter subject to section 5545b of title 5, United States Code, as added by this section, shall not be reduced as a result of the implementation of this section.112 STAT. 2681–522 Sec. 629.
(1)Not later than 180 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy, the Secretary of the Treasury, and the Attorney General shall conduct a joint review of Federal efforts and submit to the appropriate congressional committees, including the Committees on Appropriations, a plan to improve coordination among the Federal agencies with responsibility to protect the borders against drug trafficking. The review shall also include consideration of Federal agencies’ coordination with State and local law enforcement agencies. The plan shall include an assessment and action plan, including the activities of the following departments and agencies:
(A)Department of the Treasury;
(B)Department of Justice;
(C)United States Coast Guard;
(D)Department of Defense;
(E)Department of Transportation;
(F)Department of State; and
(G)Department of Interior.
(2)The purpose of the plan under paragraph
(1)is to maximize the effectiveness of the border control efforts in achieving the objectives of the national drug control strategy in a manner that is also consistent with the goal of facilitating trade. In order to maximize the effectiveness, the plan shall:
(A)specify the methods used to enhance cooperation, planning and accountability among the Federal, State, and local agencies with responsibilities along the Southwest border;
(B)specify mechanisms to ensure cooperation among the agencies, including State and local agencies, with responsibilities along the Southwest border;
(C)identify new technologies that will be used in protecting the borders including conclusions regarding appropriate deployment of technology;
(D)identify new initiatives for infrastructure improvements;
(E)recommend reinforcements in terms of resources, technology and personnel necessary to ensure capacity to maintain appropriate inspections;
(F)integrate findings of the White House Intelligence Architecture Review into the plan; and
(G)make recommendations for strengthening the HIDTA program along the Southwest border. Sec. 630.
(a)Flexiplace Work Telecommuting Programs.—[40 USC 490 note](/us/usc/t40/s490).For fiscal year 1999 and each fiscal year thereafter, of the funds made available to each Executive agency for salaries and expenses, at a minimum $50,000 shall be available only for the necessary expenses of the Executive agency to carry out a flexiplace work telecommuting program.
(b)Definitions.—For purposes of this section:
(1)Executive agency.—The term “Executive agency” means the following list of departments and agencies: Department of State, Treasury, Defense, Justice, Interior, Labor, Health and Human Services, Agriculture, Commerce, Housing and Urban Development, Transportation, Energy, Education, Veterans’ Affairs, General Services Administration, Office of Personnel Management, Small Business Administration, Social Security Administration, Environmental Protection Agency, U.S. Postal Service.112 STAT. 2681–523
(2)Flexiplace work telecommuting program.—The term “flexiplace work telecommuting program” means a program under which employees of an Executive agency are permitted to perform all or a portion of their duties at a flexiplace work telecommuting center established under section 210(1) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(1)) or other Federal law. Sec. 631.
(a)Meritorious Executive.—Section 4507(e)(1) of title 5, United States Code, is amended by striking “$10,000” and inserting “an amount equal to 20 percent of annual basic pay”.
(b)Distinguished Executive.—Section 4507(e)(2) of title 5, United States Code, is amended by striking “$20,000” and inserting “an amount equal to 35 percent of annual basic pay”. (c)[5 USC 4507 note](/us/usc/t5/s4507). Effective Date.—The amendments made by this section shall take effect on October 1, 1998, or the date of enactment of this Act, whichever is later. Sec. 632.
(a)Career SES Performance Awards.—Section 5384(b)(3) of title 5, United States Code, is amended—
(1)by striking “3 percent” and inserting “10 percent”; and
(2)by striking “15 percent” and inserting “20 percent”.
(b)Effective Date.—The amendments made by this section shall take effect on October 1, 1998, or the date of enactment of this Act, whichever is later. Sec. 633.[5 USC 5384 note](/us/usc/t5/s5384).
(a)International Postal Arrangements.—Section 407 of title 39, United States Code, is amended to read as follows: " “§ 407. International Postal Arrangements. “(a)(1) The Secretary of State shall have primary responsibility for formulation, coordination and oversight of policy with respect to United States participation in the Universal Postal Union, including the Universal Postal Convention and other Acts of the Universal Postal Union, amendments thereto, and all postal treaties and conventions concluded within the framework of the Convention and such Acts. “(2) Subject to subsection (d), the Secretary may, with the consent of the President, negotiate and conclude treaties, conventions and amendments referred to in paragraph (1). “(b)(1) Subject to subsections (a), (c), and (d), the Postal Service may, with the consent of the President, negotiate and conclude postal treaties and conventions. “(2) The Postal Service may, with the consent of the President, establish rates of postage or other charges on mail matter conveyed between the United States and other countries. “(3) The Postal Service shall transmit a copy of each postal treaty or convention concluded with other governments under the authority of this subsection to the Secretary of State, who shall furnish a copy to the Public Printer for publication. “(c) The Postal Service shall not conclude any treaty or convention under the authority of this section or any other arrangement related to the delivery of international postal services that is inconsistent with any policy developed pursuant to subsection (a). “(d) In carrying out their responsibilities under this section, the Secretary and the Postal Service shall consult with such federal agencies as the Secretary or the Postal Service considers appropriate, private providers of international postal services, users of international postal services, the general public, and such other 112 STAT. 2681–524persons as the Secretary or the Postal Service considers appropriate.”. "
(b)Sense of Congress—It is the sense of Congress that any treaty, convention or amendment entered into under the authority of section 407 of title 39 of the United States Code, as amended by this section, should not grant any undue or unreasonable preference to the Postal Service, a private provider of postal services, or any other person.
(c)Trade-in-Service Programs.—The second sentence of paragraph
(5)of section 306(a) of the Trade and Tariff Act of 1984 (19 U.S.C. 2114b(5)) is amended by inserting “postal and delivery services,” after “transportation.”
(d)Transfer of Funds.—In fiscal year 1999 and each fiscal[39 USC 407 note](/us/usc/t39/s407). year hereafter, the Postal Service shall allocate to the Department of State from any funds available to the Postal Service such sums as may be reasonable, documented and auditable for the Department of State to carry out the activities of Section 407 of title 39 of the United States Code. Sec. 634. Notwithstanding any provision of law, the President,[5 USC 7301 note](/us/usc/t5/s7301). or his designee, must certify to Congress, annually, that no person or persons with direct or indirect responsibility for administering the Executive Office of the President’s Drug-Free Workplace Plan are themselves subject to a program of individual random drug testing. Sec. 635.
(a)None of the funds made available in this or any other Act may be obligated or expended for any employee training that—
(1)does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;
(2)contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3)does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;
(4)contains any methods or content associated with religious or quasi-religious belief systems or “new age” belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2,1988; or
(5)is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.
(b)Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. Sec. 636. No funds appropriated in this or any other Act for fiscal year 1999 may be used to implement or enforce the agreements in Standard Forms 312 and 4355 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: “These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing 112 STAT. 2681–525disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling”: *Provided,* That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. Sec. 637. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. Sec. 638.
(a)In General.—For calendar year 2000, the Director of the Office of Management and Budget shall prepare and submit to Congress, with the budget submitted under section 1105 of title 31, United States Code, an accounting statement and associated report containing—
(1)an estimate of the total annual costs and benefits (including quantifiable and nonquantifiable effects) of Federal rules and paperwork, to the extent feasible—
(A)in the aggregate;
(B)by agency and agency program; and
(C)by major rule;
(2)an analysis of impacts of Federal regulation on State, local, and tribal government, small business, wages, and economic growth; and
(3)recommendations for reform.
(b)Notice.—The Director of the Office of Management and Budget shall provide public notice and an opportunity to comment on the statement and report under subsection
(a)before the statement and report are submitted to Congress.
(c)Guidelines.—To implement this section, the Director of the Office of Management and Budget shall issue guidelines to agencies to standardize—
(1)measures of costs and benefits; and
(2)the format of accounting statements.112 STAT. 2681–526
(d)Peer Review.—The Director of the Office of Management and Budget shall provide for independent and external peer review of the guidelines and each accounting statement and associated report under this section. Such peer review shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Sec. 639. None of the funds appropriated by this Act or any other Act, may be used by an agency to provide a Federal employee’s home address to any labor organization except when it is made known to the Federal official having authority to obligate or expend such funds that the employee has authorized such disclosure or that such disclosure has been ordered by a court of competent jurisdiction. Sec. 640. The Secretary of the Treasury is authorized to establish[18 USC 846 note](/us/usc/t18/s846). scientific certification standards for explosives detection canines, and shall provide, on a reimbursable basis, for the certification of explosives detection canines employed by Federal agencies, or other agencies providing explosives detection services at airports in the United States. Sec. 641. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations. Sec. 642. No part of any appropriation contained in this or any other Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. Sec. 643. The Director of the United States Marshals Service is directed to conduct a quarterly threat assessment on the Director of the Office of National Drug Control Policy. Sec. 644. Section 636(c) of Public Law 104–208 is amended[5 USC note prec. 5941](/us/usc/t5/s5941). as follows:
(1)In subparagraph
(1)by inserting after “United States Code” the following: “any agency or court in the Judicial Branch,”;
(2)In subparagraph
(2)by amending “prosecution, or detention” to read: “prosecution, detention, or supervision”; and
(3)In subparagraph
(3)by inserting after “title 5,” the following: “and, with regard to the Judicial Branch, mean a justice or judge of the United States as defined in 28 U.S.C. 451 in regular active service or retired from regular active service, other judicial officers as authorized by the Judicial Conference of the United States, and supervisors and managers within the Judicial Branch as authorized by the Judicial Conference of the United States,”. Sec. 645.
(a)In this section the term “agency”—
(1)means an Executive agency as defined under section 105 of title 5, United States Code;
(2)includes a military department as defined under section 102 of such title, the Postal Service, and the Postal Rate Commission; and
(3)shall not include the General Accounting Office.
(b)Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under section 6301(2) of title 5, United States Code, has an obligation to expend an honest effort and a reasonable 112 STAT. 2681–527proportion of such employee’s time in the performance of official duties. Sec. 646. Notwithstanding any other provision of law, the Secretary of the Treasury is authorized to, upon submission of proper documentation (as determined by the Secretary), reimburse importers of large capacity military magazine rifles as defined in the Treasury Department’s April 6, 1998 “Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles”, for which authority had been granted to import such firearms into the United States on or before November 14, 1997, and released under bond to the importer by the U.S. Customs Service on or before February 10, 1998: *Provided,* That the importer abandons title to the firearms to the United States: *Provided further,* That reimbursements are submitted to the Secretary for his approval within 120 days of enactment of this provision. In no event shall reimbursements under this provision exceed the importers cost for the weapons, plus any shipping, transportation, duty, and storage costs related to the importation of such weapons. Money made available for expenditure under 31 U.S.C. section 1304(a) in an amount not to exceed $1,000,000 shall be available for reimbursements under this provision: *Provided,* That accepting the compensation provided under this provision is final and conclusive and constitutes a complete release of any and all claims, demands, rights, and causes of action whatsoever against the United States, its agencies, officers, or employees arising from the denial by the Department of the Treasury of the entry of such firearms into the United States. Such compensation is not otherwise required by law and is not intended to create or recognize any legally enforceable right to any person. Sec. 647.[5 USC 5303 note](/us/usc/t5/s5303).
(a)The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1999 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.6 percent.
(b)Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 1999. Sec. 648. International Mail Reporting Requirement.
(a)In General.—Chapter 36 of title 39, United States Code, is amended by adding after section 3662 the following: " “§ 3663. Annual report on international services “(a) Not later than July 1 of each year, the Postal Rate Commission shall transmit to each House of Congress a comprehensive report of the costs, revenues, and volumes accrued by the Postal Service in connection with mail matter conveyed between the United States and other countries for the previous fiscal year. “(b) Not later than March 15 of each year, the Postal Service shall provide to the Postal Rate Commission such data as the Commission may require to prepare the report required under subsection
(a)of this section. Data shall be provided in sufficient detail to enable the Commission to analyze the costs, revenues, and volumes for each international mail product or service, under the methods determined appropriate by the Commission for the analysis of rates for domestic mail.".112 STAT. 2681–528 "
(b)Technical and Conforming Amendment.—The table of sections for chapter 63 of title 39, United States Code, is amended by adding after the item relating to section 3662 the following: " “3663. Annual report on international services.”. " Sec. 649. Extension of Sunset Provision. Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended by striking “(2)” and all that follows through “10 years” and inserting the following: " “(2) Sunset.—Effective 15 years”. " Sec. 650. Importation of Certain Grains.
(a)Findings.—The Congress finds that—
(1)importation of grains into the United States at less than the cost to produce those grains is causing injury to the United States producers of those grains;
(2)importation of grains into the United States at less than the fair value of those grains is causing injury to the United States producers of those grains;
(3)the Canadian Government and the Canadian Wheat Board have refused to disclose pricing and cost information necessary to determine whether grains are being exported to the United States at prices in violation of United States trade laws or agreements.
(b)Requirements.—
(1)The Customs Service, consulting with the United States Trade Representative and the Department of Commerce, shall conduct a study of the efficiency and effectiveness of requiring that all spring wheat, durum or barley imported into the United States be imported into the United States through a single port of entry.
(2)The Customs Service shall report to the Committees on Appropriations and the Senate Committee on Finance and the House Committee on Ways and Means not later than ninety days after the effective date of this Act on the results of the study required by paragraph (1). Sec. 651. Designation of Eugene J. McCarthy Post Office Building.
(a)In General.—The building of the United States Postal Service located at 180 East Kellogg Boulevard in Saint Paul, Minnesota, shall be known and designated as the “Eugene J. McCarthy Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Eugene J. McCarthy Post Office Building”. Sec. 652. The Administrator of General Services may provide, from government-wide credit card rebates, up to $3,000,000 in support of the Joint Financial Management Improvement Program as approved by the Chief Financial Officer’s Council. Sec. 653. Section 6302(g) of title 5, United States Code, is amended by inserting after “chapter 35” the following: “or section 3595”. Sec. 654. Assessment of Federal Regulations and Policies on Families.[5 USC 601 note](/us/usc/t5/s601).
(a)Purposes.—The purposes of this section are to—
(1)require agencies to assess the impact of proposed agency actions on family well-being; and
(2)improve the management of executive branch agencies.
(b)Definitions.—In this section—112 STAT. 2681–529
(1)the term “agency” has the meaning given the term “Executive agency” by section 105 of title 5, United States Code, except such term does not include the General Accounting Office; and
(2)the term “family” means—
(A)a group of individuals related by blood, marriage, adoption, or other legal custody who live together as a single household; and
(B)any individual who is not a member of such group, but who is related by blood, marriage, or adoption to a member of such group, and over half of whose support in a calendar year is received from such group.
(c)Family Policymaking Assessment.—Before implementing policies and regulations that may affect family well-being, each agency shall assess such actions with respect to whether—
(1)the action strengthens or erodes the stability or safety of the family and, particularly, the marital commitment;
(2)the action strengthens or erodes the authority and rights of parents in the education, nurture, and supervision of their children;
(3)the action helps the family perform its functions, or substitutes governmental activity for the function;
(4)the action increases or decreases disposable income or poverty of families and children;
(5)the proposed benefits of the action justify the financial impact on the family;
(6)the action may be carried out by State or local government or by the family; and
(7)the action establishes an implicit or explicit policy concerning the relationship between the behavior and personal responsibility of youth, and the norms of society.
(d)Governmentwide Family Policy Coordination and Review.—
(1)Certification and rationale.—With respect to each proposed policy or regulation that may affect family well-being, the head of each agency shall—
(A)submit a written certification to the Director of the Office of Management and Budget and to Congress that such policy or regulation has been assessed in accordance with this section; and
(B)provide an adequate rationale for implementation of each policy or regulation that may negatively affect family well-being.
(2)Office of management and budget.—The Director of the Office of Management and Budget shall—
(A)ensure that policies and regulations proposed by agencies are implemented consistent with this section; and
(B)compile, index, and submit annually to the Congress the written certifications received pursuant to paragraph (1)(A).
(3)Office of policy development.—The Office of Policy Development shall—
(A)assess proposed policies and regulations in accordance with this section;
(B)provide evaluations of policies and regulations that may affect family well-being to the Director of the Office of Management and Budget; and112 STAT. 2681–530
(C)advise the President on policy and regulatory actions that may be taken to strengthen the institutions of marriage and family in the United States.
(e)Assessments Upon Request by Members of Congress.—Upon request by a Member of Congress relating to a proposed policy or regulation, an agency shall conduct an assessment in accordance with subsection (c), and shall provide a certification and rationale in accordance with subsection (a).
(f)Judicial Review.—This section is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. Sec. 655. None of the funds appropriated pursuant to this Act or any other provision of law may be used for any system to implement section 922(t) of title 18, United States Code, unless the system allows, in connection with a person’s delivery of a firearm to a Federal firearms licensee as collateral for a loan, the background check to be performed at the time the collateral is offered for delivery to such licensee: *Provided,* That the licensee notifies local law enforcement within 48 hours of the licensee receiving a denial on the person offering the collateral: *Provided further,* That the provisions of section 922(t) shall apply at the time of the redemption of the firearm. Sec. 656.
(a)None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.
(b)Nothing in this section shall apply to a contract with:
(1)any of the following religious plans:
(a)SelectCare
(b)Personal CaresHMO
(c)Care Choices
(d)OSF Health Plans, Inc.
(e)Yellowstone Community Health Plan; and
(2)any existing or future plan, if the plan objects to such coverage on the basis of religious beliefs.
(c)In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe contraceptives because such activities would be contrary to the individual’s religious beliefs or moral convictions.
(d)Nothing in this section shall be construed to require coverage of abortion or abortion-related services. TITLE VIII—TECHNICAL AND CLARIFYING AMENDMENTS SEC. 801. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO DISTRICT OF COLUMBIA RETIREMENT FUNDS.
(a)Permitting Other Federal Entities to Administer Program.—Section 11003 of the Balanced Budget Act of 1997 (DC Code, sec. 1–761.2) is amended—
(1)in paragraph (1), by inserting “, and includes any agreement with a department, agency, or instrumentality of the United States entered into under that section” after “the Trustee”; and
(2)in paragraph (10), by striking “, partnership, joint venture, corporation, mutual company, joint-stock company, trust, 112 STAT. 2681–531estate, unincorporated organization, association, or employee organization” and inserting “; partnership; joint venture; corporation; mutual company; joint-stock company; trust; estate; unincorporated organization; association; employee organization; or department, agency, or instrumentality of the United States”.
(b)Permitting Waiver of Recovery of Amounts Paid in Error.—Section 11021(3) of such Act (DC Code, sec. 1–763.1(3)) is amended by inserting “, or waive recoupment or recovery of,” after “recover”.
(c)Permitting Use of Trust Fund to Cover Administrative Expenses.—Section 11032 of such Act (DC Code, sec. 1–764.2) is amended—
(1)by amending subsection
(a)to read as follows: " “(a) In General.—Amounts in the Trust Fund shall be used— “(1) to make Federal benefit payments under this subtitle; “(2) subject to subsection (b)(1), to cover the reasonable and necessary expenses of administering the Trust Fund under the contract entered into pursuant to section 11035(b); “(3) to cover the reasonable and necessary administrative expenses incurred by the Secretary in carrying out the Secretary s responsibilities under this subtitle; and “(4) for such other purposes as are specified in this subtitle”; and "
(2)in subsection (b)(2), by inserting “(including expenses described in section 11041(b))” after “to administer the Trust Fund”.
(d)Promoting Flexibility in Administration of Program.—Section 11035 of such Act (DC Code, sec. 1–764.5) is amended—
(1)by redesignating subsection
(c)as subsection (e); and
(2)by inserting after subsection
(b)the following new subsections: " “(c) Subcontracts.—Notwithstanding any provision of a District Retirement Program or any other law, rule, or regulation, the Trustee may, with the approval of the Secretary, enter into one or more subcontracts with the District Government or any person to provide services to the Trustee in connection with its performance of the contract. The Trustee shall monitor the performance of any such subcontract and enforce its provisions. “(d) Determination by the Secretary.—Notwithstanding subsection
(b)or any other provision of this subtitle, the Secretary may determine, with respect to any function otherwise to be performed by the Trustee, that in the interest of economy and efficiency such function shall be performed by the Secretary rather than the Trustee.”. "
(e)Process for Reimbursement of District Government for Expenses of Interim Administration.—Section 11041 of such Act (DC Code, sec. 1–765.1) is amended—
(1)in subsection (b), by striking “The Trustee shall” and inserting “The Secretary or the Trustee shall, at such times during or after the period of interim administration described in subsection
(a)as are deemed appropriate by the Secretary or the Trustee”;
(2)in subsection (b)(1), by inserting “the Secretary or” after “if”; and
(3)in subsection (c), by striking “the replacement plan adoption date” and inserting “such time as the Secretary 112 STAT. 2681–532notifies the District Government that the Secretary has directed the Trustee to carry out the duties and responsibilities required under the contract”.
(f)Annual Federal Payment Into Federal Supplemental Fund.—Section 11053 of such Act (DC Code, sec. 1–766.3) is amended—
(1)by amending subsection
(a)to read as follows: " “(a) Annual Amortization Amount.—At the end of each applicable fiscal year the Secretary shall promptly pay into the Federal Supplemental Fund from the General Fund of the Treasury an amount equal to the annual amortization amount for the year (which may not be less than zero).”; "
(2)in subsection (b), by striking “freeze date” and inserting “effective date of this Act”;
(3)by redesignating subsections
(b)and
(c)as subsections
(c)and (d); and
(4)by inserting after subsection
(a)the following new subsection: " “(b) Administrative Expenses.—During each applicable fiscal year, the Secretary shall pay into the Federal Supplemental Fund from the General Fund of the Treasury amounts not to exceed the covered administrative expenses for the year.”. "
(g)Technical Corrections.—(1) Section 11012(c) of such Act (DC Code, sec. 1–752.2(c)) is amended by striking “District of Columbia Retirement Board” and inserting “District Government”.
(2)Section 11033(c)(1) of such Act (DC Code, sec. 1–764.3(c)(1)) is amended by striking “consisting” in the first place that it appears.
(3)Section 11052 of such Act (DC Code, sec. 1–766.2) is amended by inserting “to” after “may be made only”. SEC. 802. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA EMPLOYEES TRANSFERRED TO FEDERAL RETIREMENT SYSTEMS.
(a)Eligibility of Nonjudicial Employees of District of Columbia Courts for Medicare and Social Security Benefits.—Section 11246(b) of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 755) is amended—[26 USC 3121 note](/us/usc/t26/s3121).
(1)by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4); and
(2)by inserting after paragraph
(1)the following new paragraph:[26 USC 3121](/us/usc/t26/s3121); [42 USC 410](/us/usc/t42/s410). " “(2) Conforming amendments to internal revenue code and social security.—(A) Section 3121(b)(7)(C) of the Internal Revenue Code of 1986 (relating to the definition of employment for service performed in the employ of the District of Columbia) is amended by inserting ‘(other than the Federal Employees Retirement System provided in chapter 84 of title 5, United States Code)’ after ‘law of the United States’. “(B) Section 210(a)(7)(D) of the Social Security Act (42 U.S.C. 410(a)(7)(D)) (relating to the definition of employment for service performed in the employ of the District of Columbia), is amended by inserting ‘(other than the Federal Employees Retirement System provided in chapter 84 of title 5, United States Code)’ after law of the United States.”. "
(b)Vesting Under Previous District of Columbia Retirement Program.—For purposes of vesting pursuant to section 2610(b) of the District of Columbia Government Comprehensive 112 STAT. 2681–533Merit Personnel Act of 1978 (DC Code, sec. 1–627.10(b)), creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the implementation of the Balanced Budget Act of 1997 shall include—
(1)continuous service performed by nonjudicial employees of the District of Columbia courts after September 30, 1997; and
(2)service performed for a successor employer, including the Department of Justice or the District of Columbia Offender Supervision, Defender, and Courts Services Agency established under section 11233 of the Balanced Budget Act of 1997, that provides services previously performed by the District government. SEC. 803. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT FUND. Section 11033 of the Balanced Budget Act of 1997 (DC Code, sec. 1–764.3) is amended by adding at the end the following new subsection: " “(e) Methodology for Designating Assets.— “(1) In general.—In carrying out subsection (b), the Secretary may develop and implement a methodology for designating assets after the replacement plan adoption date that takes into account the value of the District Retirement Fund as of the replacement plan adoption date and the proportion of such value represented by $1,275 billion, together with the income (including returns on investments) earned on the assets of and withdrawals from and deposits to the Fund during the period between such date and the date on which the Secretary designates assets under subsection (b). In implementing a methodology under the previous sentence, the Secretary shall not be required to determine the value of designated assets as of the replacement plan adoption date. Nothing in this paragraph may be deemed to effect the entitlement of the District Retirement Fund to income (including returns on investments) earned after the replacement plan adoption date on assets designated for retention by the Fund. “(2) Employee Contributions; Judicial Retirement and Survivors Annuity Fund.—The Secretary may develop and implement a methodology comparable to the methodology described in paragraph
(1)in carrying out the requirements of subsection
(c)and in designating assets to be transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund pursuant to section 124(c)(1) of the District of Columbia Retirement Reform Act (as amended by section 11252). “(3) Discretion of the Secretary.—The Secretary’s development and implementation of methodologies for designating assets under this subsection shall be final and binding.”. " SEC. 804. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO JUDICIAL RETIREMENT PROGRAM.
(a)Administration of Judicial Retirement and Survivors Annuity Fund.—Section 11–1570, District of Columbia Code, as amended by section 11251 of the Balanced Budget Act of 1997, is amended as follows:
(1)In subsection (b)(1)—112 STAT. 2681–534
(A)by striking “title I of the National Capital Revitalization and Self-Government Improvement Act of 1997” and inserting “subtitle A of title XI of the Balanced Budget Act of 1997”; and
(B)by inserting after the second sentence the following new sentences: “Notwithstanding any other provision of District law or any other law, rule, or regulation, any Trustee, contractor, or enrolled actuary selected by the Secretary under this subsection may, with the approval of the Secretary, enter into one or more subcontracts with the District of Columbia government or any person to provide services to such Trustee, contractor, or enrolled actuary in connection with its performance of its agreement with the Secretary. Such Trustee, contractor, or enrolled actuary shall monitor the performance of any subcontract to which it is a party and enforce its provisions.”.
(2)In subsection (b)(2)—
(A)by striking “chief judges of the District of Columbia Court of Appeals and Superior Court of the District of Columbia” and inserting “Secretary”;
(B)by striking “and the Secretary”;
(C)by striking “and appropriations”; and
(D)by striking “and deficiency”.
(3)By amending subsection
(c)to read as follows: " “(c)(1) Amounts in the Fund are available— “(A) for the payment of judges retirement pay, annuities, refunds, and allowances under this subchapter; “(B) to cover the reasonable and necessary expenses of administering the Fund under any agreement entered into with a Trustee, contractor, or enrolled actuary under subsection (b)(1), including any agreement with a department, agency or instrumentality of the United States; and “(C) to cover the reasonable and necessary administrative expenses incurred by the Secretary in carrying out the Secretary s responsibilities under this subchapter. “(2) Notwithstanding any other provision of District law or any other law, rule, or regulation— “(A) the Secretary may review benefit determinations under this subchapter made prior to the date of the enactment of the Balanced Budget Act of 1997, and shall make initial benefit determinations after such date; and “(B) the Secretary may recoup or recover, or waive recoupment or recovery of, any amounts paid under this subchapter as a result of errors or omissions by any person.”. "
(4)In subsection (d)(1)—
(A)by striking “Subject to the availability of appropriations, there shall be deposited into the Fund” and inserting “The Secretary shall pay into the Fund from the General Fund of the Treasury”; and
(B)by striking “(beginning with the first fiscal year which ends more than 6 months after the replacement plan adoption date described in section 103(13) of the National Capital Revitalization and Self-Government Improvement Act of 1997)”.
(5)In subsection (d)(2)(A)—
(A)by striking “June 30, 1997” and inserting “September 30, 1997”; and112 STAT. 2681–535
(B)by striking “net the sum of future normal cost” and inserting “net of the sum of the present value of future normal costs”.
(6)In subsection (d)(3), by striking “shall be taken from sums available for that fiscal year for the payment of the expenses of the Court, and”.
(7)By adding at the end the following new subsections: " “(h) For purposes of the Internal Revenue Code of 1986— “(1) the Fund shall be treated as a trust described in section 401(a) of the Code that is exempt from taxation under section 501(a) of the Code; “(2) any transfer to or distribution from the Fund shall be treated in the same manner as a transfer to or distribution from a trust described in section 401(a) of the Code; and “(3) the benefits provided by the Fund shall be treated as benefits provided under a governmental plan maintained by the District of Columbia. “(i) For purposes of the Employee Retirement Income Security Act of 1974, the benefits provided by the Fund shall be treated as benefits provided under a governmental plan maintained by the District of Columbia. “(j) To the extent that any provision of subpart A of part I of subchapter D of the chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. 401 et seq.) is amended after the date of the enactment of this subsection, such provision as amended shall apply to the Fund only to the extent the Secretary determines that application of the provision as amended is consistent with the administration of this subchapter. “(k) Federal obligations for benefits under this subchapter are backed by the full faith and credit of the United States.”. "
(b)Regulatory Authority of Secretary.—Section 11251 of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 756) is amended—
(1)by redesignating subsection
(b)as subsection (c);
(2)by inserting after subsection
(a)the following new subsection: " “(b) Regulations; Effect on Reform Act.—Title 11, District of Columbia Code, is amended by adding the following new section: ‘§ 11–1572. Regulations; effect on Reform Act. ‘(a) The Secretary is authorized to issue regulations to implement, interpret, administer and carry out the purposes of this subchapter, and, in the Secretary’s discretion, those regulations may have retroactive effect, except that nothing in this subsection may be construed to permit the Secretary to issue any regulation to retroactively reduce or eliminate the benefits to which any individual is entitled under this subchapter. ‘(b) This subchapter supersedes any provision of the District of Columbia Retirement Reform Act (Public Law 96–122) inconsistent with this subchapter and the regulations thereunder.’.”; and "
(3)by amending subsection
(c)(as so redesignated) to read as follows: " “(c) Clerical Amendments.—112 STAT. 2681–536 “(1) The table of sections for subchapter III of chapter 15 of title 11, District of Columbia Code, is amended by amending the item relating to section 11–1570 to read as follows: ‘11–1570. The District of Columbia Judicial Retirement and Survivors Annuity Fund.’. “(2) The table of sections for subchapter III of chapter 15 of title 11, District of Columbia Code, is amended by adding at the end the following new item: ‘11–1572. Regulations; effect on Reform Act.’.” "
(c)Termination of Previous Fund and Program.—Section 124 of the District of Columbia Retirement Reform Act (DC Code, sec. 1–714), as amended by section 11252(a) of the Balanced Budget Act of 1997, is amended—
(1)in subsection (a), by inserting “(except as provided in section 11–1570, District of Columbia Code)” after “the following”;
(2)in subsection (c)(1), by striking “title I of the National Capital Revitalization and Self-Government Improvement Act of 1997” and inserting “subtitle A of title XI of the Balanced Budget Act of 1997”; and
(3)in subsection (c)(2)—
(A)by striking “(2) The” and inserting “(2) In accordance with the direction of the Secretary, the”;
(B)by striking “in the Treasury” and inserting “at the Board”; and
(C)by striking “appropriated” and inserting “used”.
(d)Administration of Retirement Funds.—Section 11252 of the Balanced Budget Act of 1997 is amended—
(1)by redesignating subsection
(b)as subsection (c);
(2)by inserting after subsection
(a)the following new subsection: " “(b) Transition From District of Columbia Administration.—Sections 11023, 11032(b)(2), 11033(d), and 11041 shall apply to the administration of the District of Columbia Judges Retirement Fund established under section 124 of the District of Columbia Retirement Reform Act (DC Code, sec. 1–714), the District of Columbia Judicial Retirement and Survivors Annuity Fund established under section 11–1570, District of Columbia Code, and the retirement program for judges under subchapter III of chapter 15 of title 11, District of Columbia Code, except as follows: “(1) In applying each such section— “(A) any reference to this subtitle shall instead refer to subchapter III of chapter 15 of title 11, District of Columbia Code; “(B) any reference to the District Retirement Program shall be deemed to include the retirement program for judges under subchapter III of chapter 15 of title 11, District of Columbia Code; “(C) any reference to the District Retirement Fund shall be deemed to include the District of Columbia Judges Retirement Fund established under section 124 of the District of Columbia Retirement Reform Act; “(D) any reference to Federal benefit payments shall be deemed to include judges retirement pay, annuities, 112 STAT. 2681–537refunds and allowances under subchapter III of chapter 15 of title 11, District of Columbia Code; “(E) any reference to the Trust Fund shall instead refer to the District of Columbia Judicial Retirement and Survivors Annuity Fund established under section 11–1570, District of Columbia Code; “(F) any reference to section 11033 shall instead refer to section 124 of the District of Columbia Retirement Reform Act, as amended by section 11252; and “(G) any reference to chapter 2 shall instead refer to section 11–1570, District of Columbia Code. “(2) In applying section 11023— “(A) any reference to the contract shall instead refer to the agreement referred to in section 11–1570(b), District of Columbia Code; and “(B) any reference to the Trustee shall instead refer to the Trustee or contractor referred to in section 11–1570(b), District of Columbia Code. “(3) In applying section 11033(d)— “(A) any reference to this section shall instead refer to section 124 of the District of Columbia Retirement Reform Act, as amended by section 11252; and “(B) any reference to the Trustee shall instead refer to the Secretary or the Trustee or contractor referred to in section 11–1570(b), District of Columbia Code. “(4) In applying section 11041(b), any reference to the Trustee shall instead refer to the Trustee or contractor referred to in section 11–1570(b), District of Columbia Code.”; and "
(3)by adding at the end the following new subsection: " “(d) Effective Date.—The provisions of subsection
(c)shall take effect on the date on which the assets of the District of Columbia Judges Retirement Fund are transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund.”. "
(e)Miscellaneous Technical and Clerical Amendments.—(1) Sections 11–1568(d) and 11–1569, District of Columbia Code, are each amended by striking “Mayor” each place it appears and inserting “Secretary of the Treasury”.
(2)Section 11–1568.2, District of Columbia Code, is amended by striking “Mayor of the District of Columbia” each place it appears and inserting “Secretary of the Treasury”.
(3)Section 121(b)(1)(A) of the District of Columbia Retirement Reform Act (DC Code, sec. 1–711(b)(1)(A)), as amended by section 11252(c)(1) of the Balanced Budget Act of 1997 (as redesignated by subsection (d)(1)), is amended in the matter preceding clause (i), by striking “11” and inserting “12”.
(4)Section 11–1561(4), District of Columbia Code, as amended by section 11253(b) of the Balanced Budget Act of 1997, is amended by striking “sections” and inserting “section”.
(5)Section 11253(c) of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 759) is amended to read as follows: " “(c) Treatment of Federal Service of Judges.—Section 11–1564, District of Columbia Code, is amended— “(1) in subsection (d)(2)(A), by striking ‘section 1–1814)’ and inserting ‘section 1–714) or the District of Columbia Judicial Retirement and Survivors Annuity Fund (established by section 11–1570)’; and112 STAT. 2681–538 “(2) in subsection (d)(4), by striking ‘Judges Retirement Fund established by section 124(a) of the District of Columbia Retirement Reform Act’ and inserting ‘Judicial Retirement and Survivors Annuity Fund under section 11–1570’.”. "
(6)Section 11253 of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 759) is amended by adding at the end the following new subsection: " “(d) Redeposits to Fund.—Section 11–1568.1(4)(A), District of Columbia Code, is amended by striking ‘Judges Retirement Fund’ and inserting ‘Judicial Retirement and Survivors Annuity Fund’.”. "
(f)Effective Date.—The amendments made by subsections (a)(2), (a)(4), and (a)(6) shall take effect October 1,1998. SEC. 805. EFFECTIVE DATE.[26 USC 3121 note](/us/usc/t26/s3121). Except as otherwise specifically provided, this title and the amendments made by this title shall take effect as if included in the enactment of title XI of the Balanced Budget Act of 1997. TITLE IX—HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998Haitian Refugee Immigration Fairness Act of 1998.[8 USC 1101 note](/us/usc/t8/s1101). Sec. 901. Short Title. This title may be cited as the “Haitian Refugee Immigration Fairness Act of 1998”. Sec. 902. Adjustment of Status of Certain Haitian Nationals.[8 USC 1255 note](/us/usc/t8/s1255).
(a)Adjustment of Status.—
(1)In general.—The status of any alien described in subsection
(b)shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien—
(A)applies for such adjustment before April 1, 2000; and
(B)is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply.
(2)Relationship of application to certain orders.—An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.
(b)Aliens Eligible for Adjustment of Status.—The benefits provided by subsection
(a)shall apply to any alien who is a national of Haiti who—
(1)was present in the United States on December 31, 1995, who—
(A)filed for asylum before December 31, 1995,
(B)was paroled into the United States prior to December 31, 1995, after having been identified as having a 112 STAT. 2681–539credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest, or
(C)was a child (as defined in the text above subparagraph
(A)of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the United States and on December 31, 1995, and who—
(i)arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival,
(ii)became orphaned subsequent to arrival in the United States, or
(iii)was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and
(2)has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is filed, except that an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days.
(c)Stay of Removal.—
(1)In general.—The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a).
(2)During certain proceedings.—Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application.
(3)Work authorization.—The Attorney General may authorize an alien who has applied for adjustment of status under subsection
(a)to engage in employment in the United States during the pendency of such application and may provide the alien with an “employment authorized” endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment.
(d)Adjustment of Status for Spouses and Children.—
(1)In general.—The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if—
(A)the alien is a national of Haiti;
(B)the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that, in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that he or she has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not 112 STAT. 2681–540earlier than the date the application for such adjustment is filed;
(C)the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and
(D)the alien is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply.
(2)Proof of Continuous Presence.—For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days.
(e)Availability of Administrative Review.—The Attorney General shall provide to applicants for adjustment of status under subsection
(a)the same right to, and procedures for, administrative review as are provided to—
(1)applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or
(2)aliens subject to removal proceedings under section 240 of such Act.
(f)Limitation on Judicial Review.—A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court.
(g)No Offset in Number of Visas Available.—When an alien is granted the status of having been lawfully admitted for permanent resident pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act.
(h)Application of Immigration And Nationality Act Provisions.—Except as otherwise specifically provided in this title, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this title shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.
(i)Adjustment of Status Has No Effect on Eligibility for Welfare and Public Benefits.—No alien whose status has been adjusted in accordance with this section and who was not a qualified alien on the date of enactment of this Act may, solely on the basis of such adjusted status, be considered to be a qualified alien under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced Budget Act of 1997 (Public 112 STAT. 2681–541Law 105–33; 111 Stat. 598), for purposes of determining the alien’s eligibility for supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.).
(j)Period of Applicability.—Subsection
(i)shall not apply after October 1, 2003.
(k)Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter (until all applications for adjustment of status under this section have been finally adjudicated), the Comptroller General of the United States shall submit to the Committees on the Judiciary and the Committees on Appropriations of the United States House of Representatives and the United States Senate a report containing the following: (1)(A) The number of aliens who applied for adjustment of status under subsection (a), including a breakdown specifying the number of such applicants who are described in subparagraph (A), (B), or
(C)of subsection (b)(1), respectively.
(B)The number of aliens described in subparagraph
(A)whose status was adjusted under this section, including a breakdown described in the subparagraph. (2)(A) The number of aliens who applied for adjustment of status under subsection (d), including a breakdown specifying the number of such applicants who are sponsors, children, or unmarried sons or daughters described in such subsection, respectively.
(B)The number of aliens described in subparagraph
(A)whose status was adjusted under this section, including a breakdown described in the subparagraph. Sec. 903.[8 USC 1377](/us/usc/t8/s1377). Collection of Data on Detained Asylum Seekers.
(a)In General.—The Attorney General shall regularly collect data on a nationwide basis with respect to asylum seekers in detention in the United States, including the following information:
(1)The number of detainees.
(2)An identification of the countries of origin of the detainees.
(3)The percentage of each gender within the total number of detainees.
(4)The number of detainees listed by each year of age of the detainees.
(5)The location of each detainee by detention facility.
(6)With respect to each facility where detainees are held, whether the facility is also used to detain criminals and whether any of the detainees are held in the same cells as criminals.
(7)The number and frequency of the transfers of detainees between detention facilities.
(8)The average length of detention and the number of detainees by category of the length of detention.
(9)The rate of release from detention of detainees for each district of the Immigration and Naturalization Service.
(10)A description of the disposition of cases.
(b)Annual Reports.—Beginning October 1, 1999, and not later than October 1 of each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of each House of Congress a report setting forth the data collected under subsection
(a)for the fiscal year ending September 30 of that year.
(c)Availability to Public.—Copies of the data collected under subsection
(a)shall be made available to members of the public 112 STAT. 2681–542upon request pursuant to such regulations as the Attorney General shall prescribe. Sec. 904. Collection of Data on Other Detained Aliens.
(a)In General.—[8 USC 1378](/us/usc/t8/s1378).The Attorney General shall regularly collect data on a nationwide basis on aliens being detained in the United States by the Immigration and Naturalization Service other than the aliens described in section 903, including the following information:
(1)The number of detainees who are criminal aliens and the number of detainees who are noncriminal aliens who are not seeking asylum.
(2)An identification of the ages, gender, and countries of origin of detainees within each category described in paragraph (1).
(3)The types of facilities, whether facilities of the Immigration and Naturalization Service or other Federal, State, or local facilities, in which each of the categories of detainees described in paragraph
(1)are held.
(b)Length of Detention, Transfers, and Dispositions.—With respect to detainees who are criminal aliens and detainees who are noncriminal aliens who are not seeking asylum, the Attorney General shall also collect data concerning—
(1)the number and frequency of transfers between detention facilities for each category of detainee;
(2)the average length of detention of each category of detainee;
(3)for each category of detainee, the number of detainees who have been detained for the same length of time, in 3-month increments;
(4)for each category of detainee, the rate of release from detention for each district of the Immigration and Naturalization Service; and
(5)for each category of detainee, the disposition of detention, including whether detention ended due to deportation, release on parole, or any other release.
(c)Criminal Aliens.—With respect to criminal aliens, the Attorney General shall also collect data concerning—
(1)the number of criminal aliens apprehended under the immigration laws and not detained by the Attorney General; and
(2)a list of crimes committed by criminal aliens after the decision was made not to detain them, to the extent this information can be derived by cross-checking the list of criminal aliens not detained with other databases accessible to the Attorney General.
(d)Annual Reports.—Beginning on October 1, 1999, and not later than October 1 of each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of each House of Congress a report setting forth the data collected under subsections (a), (b), and
(c)for the fiscal year ending September 30 of that year.
(e)Availability to Public.—Copies of the data collected under subsections (a), (b), and
(c)shall be made available to members of the public upon request pursuant to such regulations as the Attorney General shall prescribe. This Act may be cited as the “Treasury and General Government Appropriations Act, 1999”.112 STAT. 2681–543 Sec. 102. For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), including hire, maintenance, and operation of aircraft, and purchase and hire of passenger motor vehicles, $50,000,000 is hereby appropriated: *Provided further,* That of the amounts appropriated under this section, $7,000,000 shall be available for operation, maintenance, surveillance, and improvement of Land Between the Lakes. Sec. 103. Repurchase of Bonds by the Tennessee Valley Authority.
(a)Repurchase.—Notwithstanding any other provision of law or any term contained in any bond issued by the Tennessee Valley Authority to the Federal Financing Bank—
(1)subject to subsection (b), the Tennessee Valley Authority shall have the right to repurchase all such bonds by payment of the principal amount of the bonds plus interest to the date of repurchase;
(2)the Federal Financing Bank shall not require payment from the Tennessee Valley Authority of any additional amount in connection with the repurchase; and
(3)there is hereby appropriated to the Federal Financing Bank such amounts as may be necessary to pay the difference between
(1)the amount that the Tennessee Valley Authority paid to the Federal Financing Bank to prepay its outstanding loans from the Federal Financing Bank under this section and
(2)the amount that the Federal Financing Bank would have received otherwise.
(b)No Further Financing.—Notwithstanding any other law, after the date of repurchase of bonds under subsection (a), the Tennessee Valley Authority shall not be entitled or permitted to obtain financing from the Federal Financing Bank.
(c)Use of Savings.—
(1)In general.—From non-appropriated funds, beginning on the date of repurchase of bonds and ending on the date on which the bonds would have matured but for this section, amounts that, as determined under paragraph (2), are equivalent to amounts that the Tennessee Valley Authority saves as a result of the repurchase of bonds shall be used to reduce debt of the Tennessee Valley Authority.
(2)Determination of Amount of Savings.—On each date on which a payment of interest would have been made on a repurchased bond if the bond had not been repurchased, the Tennessee Valley Authority shall be considered to realize a saving in the amount of the difference between—
(A)the amount of interest that would have been due at the rate of interest specified in the bond; and
(B)the amount of interest that would have been due if the rate of interest specified in the bond had been the yield to maturity of a marketable public obligation of the United States with a maturity of 10 years as of September 30, 1997. Sec. 104. Section 312 of Public Law 105–245, the Energy and Water Development Appropriations Act, 1999, is repealed. Sec. 105. An additional amount of $35,000,000, to remain available until expended, for Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil, “Construction, General”, 112 STAT. 2681–544is hereby appropriated for the Columbia River Fish Mitigation, Washington, Oregon, and Idaho, project. Sec. 106. The Secretary of the Army, acting through the Chief of Engineers, is directed to use $1,500,000 of the funds previously appropriated in “Construction, General”, for the Lackawanna River, Scranton, Pennsylvania, project to initiate construction of the Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania, project. The Secretary of the Army, acting through the Chief of Engineers, is directed to use $400,000 of the funds previously appropriated in “Construction, General”, for the Lackawanna River, Scranton, Pennsylvania, project to initiate a comprehensive review of aquatic ecosystem restoration initiatives in the Upper Susquehanna-Lackawanna Watershed under the Aquatic Ecosystem Restoration (Section 206) program. Subject to enactment of authorizing legislation, the Secretary of the Army, acting through the Chief of Engineers, is directed to use $340,000 of the available “Construction, General” funds to initiate construction of the Pierre, South Dakota, flood mitigation project. The Secretary of the Army, acting through the Chief of Engineers, is directed to use $1,500,000 of the funds appropriated in “Construction, General”, in Public Law 105–245 for the South Central Pennsylvania Environment Improvement Program only for water-related environmental infrastructure and resource protection and development projects in Allegheny County, Pennsylvania, in accordance with the purposes of subsection
(a)and requirements of subsections
(b)through
(e)of section 313 of the Water Resources Development Act of 1992, as amended. Sec. 107. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to use $750,000 of available “Construction, General” funds for engineering and design, and repair of the Archusa Dam and appurtenant structures located in Quitman, Mississippi. Sec. 108. An additional amount of $60,000,000 for Department of Energy-Energy Programs, “Energy Supply”, is hereby appropriated to remain available until September 30, 2000. Sec. 109. An additional amount of $15,000,000, to remain available until expended, for Department of Energy-Energy Programs, “Science”, is hereby appropriated. Sec. 110. Lake Powell. No funds appropriated by this Act or any other Act for fiscal year 1999 shall be used to study or implement any plan to drain Lake Powell or decommission the Glen Canyon Dam. Sec. 111. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to, surface transportation projects located in the Commonwealth of Massachusetts, $100,000,000, to remain available until expended. Sec. 112. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to, Corridor X of the Appalachian development highway system located in the State of Alabama, $100,000,000, to remain available until expended. Sec. 113. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to, the Appalachian development highway system in the State of West Virginia, $32,000,000, to remain available until expended. Sec. 114. Notwithstanding any other provision of law, for necessary expenses relating to construction of, and improvements to, 112 STAT. 2681–545highway projects in the corridor designated by section 1105(c)(18)(C)(ii) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032–2033), as amended by section 1211(i) of the Transportation Equity Act for the 21st Century, $100,000,000, to remain available until expended. Sec. 115. Notwithstanding any other provision of law, to enable the Secretary of Transportation to make grants to the Alaska Railroad, $28,000,000, to remain available until expended, which shall be for capital improvements benefiting its passenger rail operations. Sec. 116. Of the unobligated balances authorized in Public Law 102–240 under 49 U.S.C. 5338(b)(1), $392,000,000 is rescinded. Sec. 117. Notwithstanding any other provision of law, within the funding made available in the Department of Transportation and Related Agencies Appropriations Act, 1999 for discretionary grants under the obligation limitation for Federal Aviation Administration, “Grants-in-Aid for Airports” in fiscal year 1999, not less than $11,250,000 shall be made available for capital improvement projects at the Wilkes-Barre/Scranton International Airport. Sec. 118. Notwithstanding any other provision of law, within the funding made available in the Department of Transportation and Related Agencies Appropriations Act, 1999 for discretionary grants under the obligation limitation for Federal Aviation Administration, “Grants-in-Aid for Airports” in fiscal year 1999, not less than $7,000,000 shall be made available for capital improvement projects at the Minneapolis-St. Paul International Airport. Sec. 119. The Legislative Branch Appropriations Act, 1999, is amended by amending the item relating to “JOINT ITEMS.—Joint Committee on Printing” to read as follows: " “Joint Committee on Printing “For salaries and expenses of the Joint Committee on Printing, $202,000, to be disbursed by the Secretary of the Senate, together with an additional amount of $150,000 if there is enacted into law legislation which transfers the legislative and oversight responsibilities of the Joint Committee on Printing to the Committee on House Oversight of the House of Representatives: *Provided further,* That such additional amount shall be disbursed by the Chief Administrative Officer of the House of Representatives.”. " Sec. 120. For carrying out the provisions of division C, title II of this Act, $30,000,000, including $750,000 for the cost of the direct loan under section 207(a), $20,000,000 for the payments in section 207(d), $250,000 for the cost of direct loans under section 211(e), $1,000,000 for the cost of a direct loan in the Bering Sea and Aleutian Islands crab fisheries under the authority of section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), and $6,000,000 and $2,000,000 for the Secretary of Commerce and Secretary of Transportation, respectively, to implement division C, title II. Sec. 121. In addition to amounts provided in the conference report accompanying H.R. 4194 (H. Rept. 105–769), the following funds are hereby appropriated: $10,000,000 for “Housing opportunities for persons with AIDS”, to remain available until expended; $45,000,000 to the Secretary of Housing and Urban Development 112 STAT. 2681–546for “Urban Empowerment Zones” for grants in connection with a second round of the empowerment zones program in urban areas, designated by the Secretary of Housing and Urban Development in fiscal year 1999 pursuant to the Taxpayer Relief Act of 1997, including $3,000,000 for each empowerment zone for use in conjunction with economic development activities consistent with the strategic plan of each empowerment zone, to remain available until expended; $20,000,000 for “State and tribal assistance grants” for a grant for construction and related activities for wastewater treatment for Boston, Massachusetts, to remain available until expended; $10,000,000 for “National and community service programs operating expenses” for grants under the National Service Trust program authorized under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.) (relating to activities including the AmeriCorps program), to remain available until September 30, 2000: *Provided,* That none of the funds provided herein for “National and community service programs operating expenses” may be used to administer, reimburse, or support any national service program authorized under section 121(d)(2) of the aforementioned Act; $10,000,000 for “Science and technology”, for research associated with the Climate Change Technology Initiative, to remain available until September 30, 2000: *Provided further,* That the obligated balance of such $10,000,000 shall remain available through September 30, 2007 for liquidating obligations made in fiscal years 1999 and 2000; and $15,000,000 for “Community development financial institutions fund program account”, to remain available until September 30, 2000. Of the amount appropriated in H.R. 4194, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, under the heading “Community development block grants”, $4,750,000 shall be available as a grant to Cayuga County, New York, to repair and rehabilitate the seawalls at the Owasco Lake outlet, and $250,000 shall be available as a grant to Jackson, Michigan, to remove a portion of the Grand River culvert in Jackson, Michigan. Sec. 122. Upon enactment of H.R. 4194, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, section 202 of that[12 USC 1454](/us/usc/t12/s1454), 4513. Act is hereby repealed. Sec. 123. Section 513(a) of the “Quality Housing and Work Responsibility Act of 1998” is amended, upon enactment, by inserting[42 USC 1437n](/us/usc/t42/s1437/n). after “40 percent” at the end of proposed section 16(c)(3) of the United States Housing Act of 1937, as set forth in section 513(a), the following: “shall be available for leasing only by families whose incomes at the time of commencement of occupancy do not exceed 30 percent of the area median income, as determined by the Secretary with adjustments for smaller and larger families.”. Sec. 124. Notwithstanding the third undesignated paragraph under the heading “Community development block grants” under title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, of the amount made available under such heading for the city of Oklahoma City, Oklahoma, up to 50 percent of such amount shall be available to such city for payment of claims for bomb damage and repairs for infrastructure located in the area described in clause
(1)of such undesignated paragraph. Any amounts available for use under such undesignated paragraph that are not 112 STAT. 2681–547expended to pay such claims or for such repairs shall be utilized for the revolving loan pool described in such undesignated paragraph. Sec. 125. Of the amounts earmarked in the Joint Explanatory Statement of the Committee of Conference accompanying H.R. 4194 for grants targeted for economic investments, $2,000,000 made available to the Hawaii Housing Authority for work associated with the construction of the Community Resource Center at Kuhio Homes/Kuhio Park Terrace in Honolulu, Hawaii shall instead be made available to the Housing and Community Development Corporation of Hawaii for the same purpose. Sec. 126. If the President makes the appointment to the position of Under Secretary for Health of the Department of Veterans Affairs authorized by section 907 of the Veterans Programs Enhancement Act of 1998, the individual appointed shall receive the pay and allowances authorized for that position as if the appointment had been made on September 29, 1998, except that the amount of such pay and allowances that is attributable to the period beginning on September 29, 1998, and ending on the day before the date of that appointment shall be reduced by any amount paid that individual by the United States for personal services performed during that period. Sec. 127.Trade Deficit Review Commission Act.[19 USC 2213 note](/us/usc/t19/s2213). Trade Deficit Review Commission.
(a)Short Title.—This section may be cited as the “Trade Deficit Review Commission Act”.
(b)Findings.—Congress makes the following findings:
(1)The United States continues to run substantial merchandise trade and current account deficits.
(2)Economic forecasts anticipate continued growth in such deficits in the next few years.
(3)The positive net international asset position that the United States built up over many years was eliminated in the 1980s. The United States today has become the world’s largest debtor nation.
(4)The United States merchandise trade deficit is characterized by large bilateral trade imbalances with a handful of countries.
(5)The United States has one of the most open borders and economies in the world. The United States faces significant tariff and nontariff trade barriers with its trading partners. The United States does not benefit from fully reciprocal market access.
(6)The United States is once again at a critical juncture in trade policy development. The nature of the United States trade deficit and its causes and consequences must be analyzed and documented.
(c)Establishment of Commission.—
(1)Establishment.—There is established a commission to be known as the Trade Deficit Review Commission (hereafter in this section referred to as the “Commission”).
(2)Purpose.—The purpose of the Commission is to study the nature, causes, and consequences of the United States merchandise trade and current account deficits.
(3)Membership of commission.—
(A)Composition.—The Commission shall be composed of 12 members as follows:112 STAT. 2681–548
(i)Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on Finance.
(ii)Three persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Finance.
(iii)Three persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways and Means.
(iv)Three persons shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Ways and Mean.
(B)Qualifications of members.—
(i)Appointments.—Persons who are appointed under subparagraph
(A)shall be persons who—
(I)have expertise in economics, international trade, manufacturing, labor, environment, business, or have other pertinent qualifications or experience; and
(II)are not officers or employees of the United States.
(ii)Other considerations.—In appointing Commission members, every effort shall be made to ensure that the members—
(I)are representative of a broad cross-section of economic and trade perspectives within the United States; and
(II)provide fresh insights to analyzing the causes and consequences of United States merchandise trade and current account deficits.
(4)Period of appointment; vacancies.—
(A)In general.—Members shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission.
(B)Vacancies.—Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(5)Initial meeting.—Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.
(6)Meetings.—The Commission shall meet at the call of the Chairperson.
(7)Chairperson and vice chairperson.—The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission.
(8)Quorum.—A majority of the members of the Commission shall constitute a quorum for the transaction of business.
(9)Voting.—Each member of the Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Commission.
(d)Duties of the Commission.—112 STAT. 2681–549
(1)In general.—The Commission shall be responsible for examining the nature, causes, and consequences of, and the accuracy of available data on, the United States merchandise trade and current account deficits.
(2)Issues to be addressed.—The Commission shall examine and report to the President, the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and other appropriate committees of Congress on the following:
(A)The relationship of the merchandise trade and current account balances to the overall well-being of the United States economy, and to wages and employment in various sectors of the United States economy.
(B)The impact that United States monetary and fiscal policies may have on United States merchandise trade and current account deficits.
(C)The extent to which the coordination, allocation, and accountability of trade responsibilities among Federal agencies may contribute to the trade and current account deficits.
(D)The causes and consequences of the merchandise trade and current account deficits and specific bilateral trade deficits, including—
(i)identification and quantification of—
(I)the macroeconomic factors and bilateral trade barriers that may contribute to the United States merchandise trade and current account deficits;
(II)any impact of the merchandise trade and current account deficits on the domestic economy, industrial base, manufacturing capacity, technology, number and quality of jobs, productivity, wages, and the United States standard of living;
(III)any impact of the merchandise trade and current account deficits on the defense production and innovation capabilities of the United States; and
(IV)trade deficits within individual industrial, manufacturing, and production sectors, and any relationship between such deficits and the increasing volume of intra-industry and intra-company transactions;
(ii)a review of the adequacy and accuracy of the current collection and reporting of import and export data, and the identification and development of additional data bases and economic measurements that may be needed to properly quantify the merchandise trade and current account balances, and any impact the merchandise trade and current account balances may have on the United States economy; and
(iii)the extent to which there is reciprocal market access substantially equivalent to that afforded by the United States in each country with which the United States has a persistent and substantial bilateral trade deficit, and the extent to which such deficits have become structural.112 STAT. 2681–550
(E)Any relationship of United States merchandise trade and current account deficits to both comparative and competitive trade advantages within the global economy, including—
(i)a systematic analysis of the United States trade patterns with different trading partners and to what extent the trade patterns are based on comparative and competitive trade advantages;
(ii)the extent to which the increased mobility of capital and technology has changed both comparative and competitive trade advantages;
(iii)any impact that labor, environmental, or health and safety standards may have on comparative and competitive trade advantages;
(iv)the effect that offset and technology transfer agreements have on the long-term competitiveness of the United States manufacturing sectors; and
(v)any effect that international trade, labor, environmental, or other agreements may have on United States competitiveness.
(F)The extent to which differences in the growth rates of the United States and its trading partners may impact on United States merchandise trade and current account deficits.
(G)The impact that currency exchange rate fluctuations and any manipulation of exchange rates may have on United States merchandise trade and current account deficits.
(H)The flow of investments both into and out of the United States, including—
(i)any consequences for the United States economy of the current status of the United States as a debtor nation;
(ii)any relationship between such investment flows and the United States merchandise trade and current account deficits and living standards of United States workers;
(iii)any impact such investment flows may have on United States labor, community, environmental, and health and safety standards, and how such investment flows influence the location of manufacturing facilities; and
(iv)the effect of barriers to United States foreign direct investment in developed and developing nations, particularly nations with which the United States has a merchandise trade and current account deficit.
(e)Final Report.—
(1)In general.—Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a final report which contains—
(A)the findings and conclusions of the Commission described in subsection (d); and
(B)recommendations for addressing the problems identified as part of the Commission’s analysis.112 STAT. 2681–551
(2)Separate views.—Any member of the Commission may submit additional findings and recommendations as part of the final report.
(f)Powers of Commission.—
(1)Hearings.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this section. The Commission shall hold at least 1 or more hearings in Washington, D.C., and 4 in different regions of the United States.
(2)Information from federal agencies.—The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.
(3)Postal services.—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.
(g)Commission Personnel Matters.—
(1)Compensation of members.—Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission.
(2)Travel Expenses.—The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(3)Staff.—
(A)In general.—The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(B)Compensation.—The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(4)Detail of government employees.—Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(5)Procurement of temporary and intermittent services.—The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 112 STAT. 2681–5525, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(h)Support Services.—The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
(i)Appropriations.—There are appropriated $2,000,000 to the Commission to carry out the provisions of this section. Sec. 128. None of the funds provided or otherwise made available in this Division of this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 130. Notwithstanding section 11031 of the National Capital Revitalization and Self-Government Improvement Act of 1997 or any other provision of law and not later than September 30, 1999, the Secretary of the Treasury shall invest, or direct the Trustee to invest, the assets of the Trust Fund in public debt securities with maturities suitable to the needs of the Trust Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. Sec. 131. To capitalize the District of Columbia National Capital Revitalization Corporation, as authorized by the District Council, $25,000,000 to remain available until expended for economic development planning, project development, capital investments, loans, grants, administrative expenses and other purposes included in the District Council’s authorizing legislation: *Provided,* That no funds shall be available unless the Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, determines that the Corporation advances the purposes of the National Capital Revitalization and Self-Government Improvement Act of 1997: *Provided further,* That the Secretary, after apportionment pursuant to 31 U.S.C. 1512, may provide for the disbursement of funds in the manner provided for Federal grant programs. Sec. 132. For a Federal payment to the District of Columbia Public Schools, $30,000,000, for special education costs. Sec. 133. For payment to the District of Columbia, $20,000,000 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 for Year 2000 information technology and related chip replacement projects approved by the Authority: *Provided,* That, for purposes of any appropriations made by this or any other Act, for emergency expenses related to Year 2000 conversion of Federal information technology systems, and related expenses, the Government of the District of Columbia shall be considered an agency of the United States Government: *Provided further,* That, any funds provided pursuant to the preceding proviso shall be in addition to funds appropriated directly under this paragraph. Sec. 134. For a Federal contribution to the District of Columbia for 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 112 STAT. 2681–553roads, highways, bridges and transit in the District of Columbia and other economic development projects and planning in the District of Columbia, $50,000,000, to remain available until expended. DIVISION B—EMERGENCY SUPPLEMENTAL APPROPRIATIONS TITLE I—MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS CHAPTER 1 DEPARTMENT OF DEFENSE—MILITARY MILITARY PERSONNEL Military Personnel, Army For an additional amount for “Military Personnel, Army”, $10,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount 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. Military Personnel, Navy For an additional amount for “Military Personnel, Navy”, $33,300,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $33,300,000, 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. Military Personnel, Marine Corps For an additional amount for “Military Personnel, Marine Corps”, $8,900,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $8,900,000, 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.112 STAT. 2681–554 Reserve Personnel, Navy For an additional amount for “Reserve Personnel, Navy”, $10,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount 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. OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for “Operation and Maintenance, Army”, $314,500,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $314,500,000, 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. Operation and Maintenance, Navy For an additional amount for “Operation and Maintenance, Navy”, $232,600,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $232,600,000, 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. Operation and Maintenance, Marine Corps For an additional amount for “Operation and Maintenance, Marine Corps”, $52,400,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $52,400,000, 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.112 STAT. 2681–555 Operation and Maintenance, Air Force For an additional amount for “Operation and Maintenance, Air Force”, $303,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $303,000,000, 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. Operation and Maintenance, Defense-Wide (including transfer of funds) For an additional amount for “Operation and Maintenance, Defense-Wide”, $1,496,600,000, to remain available for obligation until expended: *Provided,* That the Secretary of Defense may transfer these funds to appropriations accounts for operation and maintenance; procurement; and research, development, test and evaluation: *Provided further,* That the funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred: *Provided further,* That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: *Provided further,* That the entire amount made available under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that 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. Operation and Maintenance, Army Reserve For an additional amount for “Operation and Maintenance, Army Reserve”, $3,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount 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. Operation and Maintenance, Marine Corps Reserve For an additional amount for “Operation and Maintenance, Marine Corps Reserve”, $3,300,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement 112 STAT. 2681–556pursuant 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 $3,300,000, 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. Operation and Maintenance, Air Force Reserve For an additional amount for “Operation and Maintenance, Air Force Reserve”, $9,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $9,000,000, 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. Operation and Maintenance, Army National Guard For an additional amount for “Operation and Maintenance, Army National Guard”, $50,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $50,000,000, 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. Operation and Maintenance, Air National Guard For an additional amount for “Operation and Maintenance, Air National Guard”, $21,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $21,000,000, 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. Overseas Contingency Operations Transfer Fund (including transfer of funds) For an additional amount for “Overseas Contingency Operations Transfer Fund”, $1,858,600,000, to remain available for obligation until expended: *Provided,* That of the amounts provided under 112 STAT. 2681–557this heading, the following amounts shall be transferred to the specified accounts: “Military Personnel, Army”, $310,600,000; “Military Personnel, Navy”, $9,275,000; “Military Personnel, Marine Corps”, $2,748,000; “Military Personnel, Air Force”, $17,000,000; and “Reserve Personnel, Navy”, $2,295,000: *Provided further,* That of the remaining funds made available under this heading, the Secretary of Defense may transfer these funds only to operation and maintenance accounts, procurement accounts, the defense health program appropriation, and working capital funds accounts: *Provided further,* That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period, as the appropriation to which transferred: *Provided further,* That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: *Provided further,* That the entire amount made available under this heading 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. Morale, Welfare and Recreation and Personnel Support for Contingency Deployments (including transfer of funds) In addition to amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999, $50,000,000, to remain available for obligation until expended, is hereby made available only for expenses, not otherwise provided for, to provide necessary morale, welfare and recreation support, family support, and to sustain necessary retention and re-enlistment of military personnel in critical military occupational specialties, resulting from the deployment of military personnel to Bosnia and Southwest Asia: *Provided,* That the Secretary of Defense may transfer these funds only to operation and maintenance accounts of the military services: *Provided further,* That the funds transferred shall be available only for the purposes described under this heading: *Provided further,* That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: *Provided further,* That the entire amount made available under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $50,000,000, 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. OTHER DEPARTMENT OF DEFENSE PROGRAMS Defense Health Program For an additional amount for “Defense Health Program”, $200,000,000: *Provided,* That these funds shall be for Operation 112 STAT. 2681–558and maintenance, of which not to exceed two per centum shall remain available until September 30, 2000: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $200,000,000, 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. Drug Interdiction and Counter-Drug Activities, Defense (including transfer of funds) For an additional amount for “Drug Interdiction and Counter-Drug Activities, Defense”, $42,000,000: *Provided,* That funds appropriated under this heading may be transferred to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for Operation and maintenance; for Procurement; and for Research, development, test and evaluation: *Provided further,* That funds appropriated under this heading shall be available for obligation for the same time period and for the same purposes as the appropriation to which transferred: *Provided further,* That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $42,000,000, 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. GENERAL PROVISIONS, THIS CHAPTER Sec. 101. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414). Sec. 102. In addition to the amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999, $1,000,000,000, to remain available for obligation until expended, is hereby appropriated under the heading “Research, Development, Test and Evaluation, Defense-Wide”: *Provided,* That these funds shall be made available only for the enhanced testing, accelerated development, construction, and integration and infrastructure efforts in support of ballistic missile defense systems: *Provided further,* That the entire amount made available in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* 112 STAT. 2681–559That the entire amount shall be available only to the extent that 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. Sec. 103. In addition to amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999, $259,853,000 is hereby appropriated to the Department of Defense, only for emergency expenses incurred at United States military facilities or installations in the United States or overseas directly resulting from storm damage or other natural disasters, as follows: “Military Personnel, Marine Corps”, $232,000; “Reserve Personnel, Army”, $343,000; “Reserve Personnel, Navy”, $100,000; “Operation and Maintenance, Army”, $139,056,000; “Operation and Maintenance, Navy”, $57,179,000; “Operation and Maintenance, Marine Corps”, $8,470,000; “Operation and Maintenance, Air Force”, $34,254,000; “Operation and Maintenance, Army Reserve”, $853,000; “Operation and Maintenance, Navy Reserve”, $5,058,000; “Operation and Maintenance, Army National Guard”, $5,750,000; “Operation and Maintenance, Air National Guard”, $4,355,000; “Defense Health Program”, $2,120,000; and “Navy Working Capital Fund”, $2,083,000: *Provided,* That these funds may be used to execute projects or programs that were deferred in order to carry out emergency repairs resulting from such storm damage or natural disasters: *Provided further,* That the entire amount made available in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That of the amounts provided in this section, $153,551,000 shall be available only to the extent that 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: *Provided further,* That of the amount referred to in the third proviso in this section, up to $29,454,000 may be transferred from “Operation and Maintenance, Army”, to “Military Construction, Army”. Sec. 104. In addition to amounts provided in this Act, $2,000,000 is hereby appropriated for “Defense Health Program”, to remain available for obligation until expended: *Provided,* That notwithstanding any other provision of law, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary. Sec. 105. Section 8136 of the Department of Defense Appropriations Act, 1999, is amended by striking out “$502,000,000” and inserting in lieu thereof “$569,000,000”, and further amended by striking out “$176,000,000” and inserting in lieu thereof “$243,000,000”.112 STAT. 2681–560 CHAPTER 2 DEPARTMENT OF ENERGY Atomic Energy Defense Activities other defense activities For an additional amount for “Other Defense Activities”, for expenditures in the Russian Federation to implement a United States/Russian accord for the disposition of excess weapons plutonium, $200,000,000, to remain available until expended: *Provided,* That none of the funds may be obligated until the Department of Energy submits to Congress a detailed budget justification for use of these funds, and the proposal has been approved by the House and Senate Committees on Appropriations: *Provided further,* That the entire amount 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 by the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. For an additional amount to purchase natural uranium associated with the 1997 and 1998 deliveries under the United States-Russia HEU Purchase Agreement (hereinafter, “the Agreement”), $325,000,000, to remain available until expended, which 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 to the Congress: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That such uranium is located in the United States at the time of purchase, and shall become part of the inventory of the Department of Energy: *Provided further,* That such funds shall be available only upon conclusion of a long-term agreement by the Government of the Russian Federation and commercial partners for the sale of uranium to be derived from deliveries scheduled for 1999 and thereafter under the Agreement. CHAPTER 3 DEPARTMENT OF DEFENSE—MILITARY CONSTRUCTION Military Construction, Army For an additional amount for “Military Construction, Army” to replace facilities destroyed by monsoons in the Republic of Korea during August of 1998, $118,000,000, as authorized by 10 U.S.C. 2854, to remain available until September 30, 1999: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided* 112 STAT. 2681–561*further,* That from amounts made available in this or any other Act for military construction, the Secretary of the Army may acquire real property and carry out a military construction project at Camp Casey in Korea, in the amount of $12,016,000. Military Construction, Navy For an additional amount for “Military Construction, Navy” to cover the incremental costs arising from the consequences of Hurricanes Georges and Bonnie, $5,860,000, as authorized by 10 U.S.C. 2854, to remain available until September 30, 1999: *Provided,* That the entire amount 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Military Construction, Air Force For an additional amount for “Military Construction, Air Force”, $29,200,000, to remain available until September 30, 1999: *Provided,* That of this amount, $2,200,000 shall be available to cover the incremental costs arising from force protection, as authorized by 10 U.S.C. 2803: *Provided further,* That of this amount $27,000,000 shall be available to cover the incremental costs arising from the consequences of Hurricane Georges, as authorized by 10 U.S.C. 2854: *Provided further,* That the entire amount 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Military Construction, Army National Guard For an additional amount for “Military Construction, Army National Guard” to cover the incremental costs arising from the consequences of Hurricane Georges, $2,500,000, as authorized by 10 U.S.C. 2854, to remain available until September 30, 1999: *Provided,* That the entire amount 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 of 1985, as amended, is transmitted by the President to the Congress: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.112 STAT. 2681–562 Military Construction, Air National Guard For an additional amount for “Military Construction, Air National Guard” to cover the incremental costs arising from the consequences of Hurricane Georges, $15,900,000, as authorized by 10 U.S.C. 2854, to remain available until September 30, 1999: *Provided,* That the entire amount 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Family Housing, Army For an additional amount for “Family Housing, Army” to cover the incremental costs arising from the consequences of Hurricane Georges and for the rehabilitation of family housing, $5,200,000, to remain available until September 30, 1999: *Provided,* That notwithstanding any other provision of law, of this amount $4,000,000 shall be available only for the rehabilitation of family housing referred to in Section 8142 of the Department of Defense Appropriations Act of 1999: *Provided further,* That the entire amount 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Family Housing, Navy and Marine Corps For an additional amount for “Family Housing, Navy and Marine Corps” to cover the incremental costs arising from the consequences of Hurricane Bonnie, $10,599,000, as authorized by 10 U.S.C. 2854, to remain available until September 30, 1999: *Provided,* That the entire amount 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Family Housing, Air Force For an additional amount for “Family Housing, Air Force” to cover the incremental costs arising from the consequences of Hurricane Georges, $22,233,000, as authorized by 10 U.S.C. 2854, to remain available until September 30, 1999: *Provided,* That the 112 STAT. 2681–563entire amount 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISION, THIS CHAPTER Section 2304(c)(2) of the Strom Thurmond National Defense *Ante*, p. 2192.Authorization Act for Fiscal Year 1999 is amended by striking “$2,000,000,000” and inserting “$2,000,000”. CHAPTER 4 DEPARTMENT OF TRANSPORTATION Coast Guard operating expenses For an additional amount for necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for, $100,000,000, of which $28,000,000 is only available for expenses related to expansion of drug interdiction activities around Puerto Rico, the United States Virgin Islands, and other transit zone areas of operation, including costs to operate and maintain PC-170 patrol craft offered by the Department of Defense: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that 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. acquisition, construction, and improvements For an additional amount for acquisition, construction, renovation, and improvement of facilities and equipment, to be available for expansion of Coast Guard drug interdiction activities, $100,000,000, to remain available until expended and to be distributed as follows: Acquisition and construction of Barracuda class coastal patrol boats, $33,000,000; Reactivation costs for up to 3 HU-25 aircraft for maritime patrol, $7,500,000; Acquisition of installed or deployable electronic sensors and communication systems for Coast Guard cutters or boats, $13,000,000; Operational test and evaluation of the use of force from aircraft, $2,500,000; and112 STAT. 2681–564 Acquisition of installed or deployable electronic sensors for maritime patrol aircraft and not to exceed $5,800,000 for C-130 engine upgrade, $44,000,000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that 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. reserve training For an additional amount for operating, maintenance, and training expenses of the Coast Guard Reserve, including supplies, equipment and services, $5,000,000: *Provided,* That none of these funds may be transferred to Coast Guard “Operating expenses” or otherwise made available to reimburse the Coast Guard for financial support of the Coast Guard Reserves: *Provided further,* That the highest priority for use of these funds shall be for enhancing drug interdiction activities conducted by the Coast Guard Reserves: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that 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. research, development, test, and evaluation For an additional amount for necessary expenses for applied scientific research, development, test, and evaluation, maintenance, rehabilitation, lease and operation of facilities and equipment, $5,000,000, to remain available until expended: *Provided,* That the highest priority for use of these funds shall be the development of new technologies or operational procedures which enhance drug interdiction activities of the Coast Guard: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that 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.112 STAT. 2681–565 TITLE II—ANTITERRORISM CHAPTER 1 DEPARTMENT OF JUSTICE Federal Bureau of Investigation salaries and expenses For an additional amount for “Salaries and Expenses”, $21,680,000, 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. DEPARTMENT OF STATE Administration of Foreign Affairs diplomatic and consular programs Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for “Diplomatic and Consular Programs”, $773,700,000, to remain available until expended, of which $25,700,000 shall be available only to the extent that an official budget request that includes the designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: *Provided,* That as determined by the Secretary of State, such funds may be used to procure services and equipment overseas necessary to improve worldwide security and reconstitute embassy operations in Kenya and Tanzania on behalf of any other agency: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. salaries and expenses Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for “Salaries and Expenses”, $12,000,000, 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. office of inspector general Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for “Office of Inspector General”, $1,000,000, 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.112 STAT. 2681–566 security and maintenance of united states missions Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for “Security and Maintenance of United States Missions”, $627,000,000, to remain available until expended; of which $56,000,000 is for security projects, relocations, and security equipment on behalf of missions of other U.S. Government agencies, which amount may be transferred to any appropriation for this purpose, to be merged with and available for the same time period as the appropriation to which transferred; and of which $185,000,000 is for capital improvements or relocation of office and residential facilities to improve security, which amount shall become available fifteen days after notice thereof has been transmitted to the Appropriations Committees of both Houses of Congress: *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. emergencies in the diplomatic and consular service Notwithstanding section 15 of the State Department Basic Authorities Act of 1956, an additional amount for “Emergencies in the Diplomatic and Consular Service”, $10,000,000, 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. CHAPTER 2 DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE Operation and Maintenance, Defense-Wide (including transfer of funds) For an additional amount for “Operation and Maintenance, Defense-Wide”, $358,427,000, to remain available for obligation until expended: *Provided,* That the Secretary of Defense may transfer these funds to fiscal year 1999 appropriations for operation and maintenance; procurement; research, development, test and evaluation; and family housing: *Provided further,* That the funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred: *Provided further,* That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: *Provided further,* That the entire amount made available under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $358,427,000, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control 112 STAT. 2681–567Act of 1985, as amended, is transmitted by the President to the Congress. GENERAL PROVISIONS, THIS CHAPTER Sec. 201. Maintenance and Operation of Equipment.—Section 374 of title 10, United States Code, is amended—
(1)in subsection (b)(1)(A), by striking “or”;
(2)in subsection (b)(1)(B), by striking the period at the end, inserting in lieu thereof a semicolon and the following new subparagraphs: " “(C) a foreign or domestic counter-terrorism operation; or “(D) a rendition of a suspected terrorist from a foreign country to the United States to stand trial.”; "
(3)in subsection (b)(2)(F)(i)—
(A)by inserting “along with any other civilian or military personnel who are supporting, or conducting, a joint operation with civilian law enforcement personnel;” after “the transportation of civilian law enforcement personnel”; and
(B)by striking “and”;
(4)in subsection (b)(2)(F)(ii)—
(A)by inserting “and supporting” after “the operation of a base of operations for civilian law enforcement”;
(B)by striking the period at the end and inserting in lieu thereof “; and”; and
(C)by inserting at the end the following new clause: " “(iii) the transportation of suspected terrorists from foreign countries to the United States for trial (so long as the requesting Federal law enforcement agency provides all security for such transportation and maintains custody over the suspect through the duration of the transportation).”; "
(5)in subsection (b)(4)(A), by striking “an” and inserting in lieu thereof “a Federal”; and
(6)in subsection (b)(4)(A), by inserting a new clause “(v) Any law, foreign or domestic, prohibiting terrorist activities.” after “(iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).”. (including transfer of funds) Sec. 202. In addition to amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999, $50,000,000 is hereby appropriated, only to initiate and expand activities of the Department of Defense to prevent, prepare for, and respond to a terrorist attack in the United States involving weapons of mass destruction: *Provided,* That $35,000,000 of the funds made available in this section shall be transferred to the following accounts in the specified amounts: “National Guard Personnel, Army”, $4,000,000; “National Guard Personnel, Air Force”, $1,000,000; “Operation and Maintenance, Army”, $2,000,000; “Operation and Maintenance, Army National Guard”, $20,000,000; and “Procurement, Defense-Wide”, $8,000,000:112 STAT. 2681–568 *Provided further,* That of the funds made available in this section, $15,000,000 shall be transferred to “Research, Development, Test and Evaluation, Army”, only to develop and support a long term, sustainable Weapons of Mass Destruction emergency preparedness training program: *Provided further,* That funds transferred pursuant to this section shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred: *Provided further,* That the transfer authority provided in this section is in addition to any other transfer authority available to the Department of Defense: *Provided further,* That the entire amount provided in this section is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $50,000,000, 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. Sec. 203. In addition to amounts appropriated or otherwise made available in the Department of Defense Appropriations Act, 1999, $120,500,000, to remain available for obligation until expended, is appropriated to the proper accounts within the Department of the Air Force: *Provided,* That the additional amount shall be made available only for the provision of crisis response aviation support for critical national security, law enforcement and emergency response agencies: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that an official budget request for $120,500,000, 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 President of the United States shall submit to the Congress by March 15, 1999, an interagency agreement for the utilization of Department of Defense assets to support the crisis response requirements of the Federal Bureau of Investigation and the Federal Emergency Management Agency. CHAPTER 3 FUNDS APPROPRIATED TO THE PRESIDENT International Security Assistance economic support fund (including transfers of funds) Notwithstanding section 10 of Public Law 91–672, for an additional amount for “Economic Support Fund” for assistance for Kenya and Tanzania, $50,000,000, to remain available until September 30, 2000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That funds appropriated 112 STAT. 2681–569under this paragraph may be made available for administrative costs associated with assistance provided under this paragraph: *Provided further,* That $2,500,000 shall be transferred to and merged with “Operating Expenses of the Agency for International Development” for security and related expenses: *Provided further,* That $1,269,000 shall be transferred to and merged with “Peace Corps” for security and related expenses: *Provided further,* That the transfers authorized in the preceding provisos shall be in addition to sums otherwise available for such purposes: *Provided further,* That funds appropriated under this paragraph shall only be available through the regular notification procedures of the Committees on Appropriations. nonproliferation, anti-terrorism, demining and related programs Notwithstanding section 15 of the State Department Basic Authorities Act of 1956 and section 10 of Public Law 91–672, for an additional amount for “Nonproliferation, Anti-Terrorism, Demining and Related Programs” for anti-terrorism assistance, $20,000,000, to remain available until September 30, 2000: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 4 DEPARTMENT OF THE INTERIOR National Park Service operation of the national park system For an additional amount for “Operation of the National Park System” for emergency security related expenses, $2,320,000, 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. construction For an additional amount for “Construction” for emergency security related expenses, $3,680,000, 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. CHAPTER 5 ARCHITECT OF THE CAPITOL Capitol Visitor Center For necessary expenses for the planning, engineering, design, and construction, as each such milestone is approved by the Committee on Rules and Administration of the Senate, the 112 STAT. 2681–570Committee on House Oversight of the House of Representatives, the Committees on Appropriations of the House of Representatives and of the Senate, and other appropriate committees of the House of Representatives and of the Senate, of a new facility to provide greater security for all persons working in or visiting the United bates Capitol and to enhance the educational experience of those who have come to learn about the Capitol building and Congress, $100,000,000, to be supplemented by private funds, which shall remain available until expended: *Provided,* That Section 3709 of the Revised Statutes of the United States (41 U.S.C. 5) shall not apply to the funds made available under this heading: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CAPITOL POLICE BOARD Security Enhancements For the Capitol Police Board for security enhancements to the Capitol complex, including the buildings and grounds of the Library of Congress, $106,782,000, to remain available until expended: *Provided,* That such security enhancements shall be carried out in accordance with a plan or plans approved by the Committee on House Oversight of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate: *Provided further,* ThatGovernment organization. the Capitol Police Board shall transfer to the Architect of the Capitol such portion of the funds made available under this heading as the Architect may require for expenses necessary to provide support for the security enhancements, subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate: *Provided further,*Government organization. That the Capitol Police Board shall transfer to the Librarian of Congress such portion of the funds made available under this heading as the Librarian may require for expenses necessary to provide support for the security enhancements, subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. GENERAL PROVISION, THIS CHAPTER The responsibility for design, installation, and maintenance[2 USC 141a](/us/usc/t2/s141/a). of security systems to protect the physical security of the buildings and grounds of the Library of Congress is transferred from the Architect of the Capitol to the Capitol Police Board. Such design, installation, and maintenance shall be carried out under the direction of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, and without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5). Any alteration to a structural, mechanical, or architectural feature of the buildings 112 STAT. 2681–571and grounds of the Library of Congress that is required for a security system under the preceding sentence may be carried out only with the approval of the Architect of the Capitol. CHAPTER 6 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration facilities and equipment (airport and airway trust fund) For an additional amount for “Facilities and Equipment”, $100,000,000, for necessary expenses for acquisition, installation and related activities supporting the deployment of bulk and trace explosives detection systems and other advanced security equipment at airports in the United States, to remain available until September 30, 2001: *Provided,* That the entire amount 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: *Provided further,* That the entire amount is designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. CHAPTER 7 DEPARTMENT OF THE TREASURY Federal Law Enforcement Training Center salaries and expenses For an additional amount for “Salaries and Expenses”, $3,548,000, 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. United States Secret Service salaries and expenses For an additional amount for “Salaries and Expenses”, $80,808,000, 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.112 STAT. 2681–572 TITLE III—YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY SYSTEMS FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS FUNDS APPROPRIATED TO THE PRESIDENT information technology systems and related expenses (including transfer of funds) For an additional amount for emergency expenses related to Year 2000 conversion of Federal information technology systems, and related expenses, $2,250,000,000, to remain available until September 30, 2001, of which $5,500,000 shall be transferred to the Legislative Branch for “SENATE”, “Contingent Expenses of the Senate”, “Sergeant at Arms and Doorkeeper of the Senate” for salaries and expenses related to Year 2000 conversion of Senate information technology systems: *Provided,* That the funds may be obligated with the prior approval of the Senate Committee on Appropriations; and of which, $6,373,000 shall be transferred to the Legislative Branch for “HOUSE OF REPRESENTATIVES”, “Salaries and Expenses”, “Salaries, Officers and Employees” for salaries and expenses related to Year 2000 conversion of House of Representatives information technology systems; and of which $5,000,000 shall be transferred to the Legislative Branch for “GENERAL ACCOUNTING OFFICE”, “Information Technology Systems and Related Expenses” for expenses related to Year 2000 conversion of information technology systems and related expenses of all entities in the Legislative Branch other than the “Senate” and “House of Representatives” covered by the Legislative Branch Appropriations Act, 1998 (Public Law 105–55), which the Comptroller General shall transfer to the affected entities in the Legislative Branch, upon the approval of the House and Senate Committees on Appropriations; and of which $13,044,000 shall be transferred to the Judiciary to the Judiciary Information Technology Fund for expenses related to Year 2000 conversion of Judicial Branch information technology and security systems: *Provided further,* That the remaining funds made available shall be transferred, as necessary, by the Director of the Office of Management and Budget to all affected Federal Departments and Agencies, except the Department of Defense, for expenses necessary to ensure the information technology that is used or acquired by the Federal government meets the definition of Year 2000 compliant under Federal Acquisition Regulations (concerning accurate processing of date/time data, including calculating, comparing, and sequencing from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations) and to meet other criteria for Year 2000 compliance as the head of each Department or Agency considers appropriate: *Provided further,* That none of the funds provided under this heading, except those transferred to the Legislative Branch and the Judiciary, may be transferred to any Department or Agency until fifteen days after the Director of the Office of Management and Budget has submitted to the House and Senate Committees on Appropriations, the Senate Special Committee on the Year 2000 Technology Problem, the House Committee on Science, and the House Committee on Government 112 STAT. 2681–573Reform and Oversight, a proposed allocation and plan for that Department or Agency to achieve Year 2000 compliance for technology information systems: *Provided further,* That the transfer authority provided in this paragraph is in addition to any other transfer authority contained elsewhere in this or any other Act: *Provided further,* That funds provided under this heading shall be in addition to funds available in this or any other Act for Year 2000 compliance by any Federal Department or Agency: *Provided further,* That the entire amount, except those amounts transferred to the Legislative Branch and the Judiciary, shall be available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE Information Technology Systems and Security Transfer Account (including transfer of funds) For emergency expenses relating to Year 2000 conversion of information technology and national security systems, for information technology, and infrastructure protection to include computer security/information assurance programs, and for related expenses, $1,100,000,000, to remain available until September 30, 2001: *Provided,* That the funds made available shall be transferred, as necessary, by the Secretary of Defense to any account in any previously enacted Department of Defense Appropriations Act for expenses necessary to ensure the information technology that is used or acquired by the Federal government meets the definition of Year 2000 compliant under Federal Acquisition Regulations (concerning accurate processing of date/time data, including calculating, comparing, and sequencing from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations) and to meet other criteria for Year 2000 compliance as the Secretary considers appropriate: *Provided further,* That none of the funds provided under this heading may be transferred to any other account until fifteen days after the Secretary of Defense has submitted to the House and Senate Committees on Appropriations, the Senate Special Committee on the Year 2000 Technology Problem, the House Committee on Science, and the House Committee on Government Reform and Oversight, a proposed allocation and plan for the Department of Defense to achieve Year 2000 compliance for technology information systems: *Provided further,* That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period as the appropriation to which transferred: *Provided further,* That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: *Provided further,* That funds provided under this heading 112 STAT. 2681–574shall be in addition to funds available in this or any other Act making appropriations for the Department of Defense for Year 2000 compliance and related activities: *Provided further,* That the entire amount made available under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount made available under this heading shall be available only to the extent that 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. TITLE IV—OTHER EMERGENCIES CHAPTER 1 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration operations, research, and facilities In addition to the amounts appropriated or otherwise made available for this purpose, $5,000,000 is appropriated to the Department of Commerce to remain available until expended to provide emergency disaster assistance to persons or entities in the Northeast multispecies fishery who have incurred losses from a commercial fishery failure under section 308(b) of the Interjurisdictional Fisheries Act of 1986, as amended: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount 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 to the Congress. RELATED AGENCY Small Business Administration disaster loans program account For an additional amount for the cost of direct loans, $71,000,000, to remain available until expended to subsidize additional gross obligations for the principal amount of direct loans: *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; and for administrative expenses to carry out the disaster loan program, an additional $30,000,000 to remain available until expended, which may be transferred to and merged with appropriations for “Salaries and Expenses”: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 112 STAT. 2681–575Budget 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, 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. CHAPTER 2 DEPARTMENT OF DEFENSE—CIVIL– Department of the Army Corps of Engineers—Civil flood control, mississippi river and tributaries, arkansas, illinois, kentucky, louisiana, mississippi, missouri, and tennessee For an additional amount for emergency repairs and dredging due to flooding, $2,500,000, to remain available until expended, which 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: *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. operation and maintenance, general For an additional amount for emergency repairs and dredging due to flooding, $99,700,000, to remain available until expended, of which such amounts for eligible navigation projects which may be derived from the Harbor Maintenance Trust Fund pursuant to Public Law 99–662, shall be derived from that Fund: *Provided,* That the entire amount 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 3 FUNDS APPROPRIATED TO THE PRESIDENT agency for international development child survival and disease programs fund Notwithstanding section 10 of Public Law 91–672, for an additional amount for “Child Survival and Disease Programs Fund”, 112 STAT. 2681–576$50,000,000, to remain available until expended: *Provided,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Other Bilateral Economic Assistance assistance for the new independent states of the former soviet union Notwithstanding section 10 of Public Law 91–672, for an additional amount for “Assistance for the New Independent States of the former Soviet Union,” $46,000,000, to remain available until September 30, 2000: *Provided,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. UNANTICIPATED NEEDS For an additional amount for “Unanticipated Needs”, $30,000,000, to remain available until expended, only for a grant to the American Red Cross for reimbursement of disaster relief, recovery expenditures, and emergency services: *Provided,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 4 DEPARTMENT OF THE INTERIOR United States Fish and Wildlife Service construction For an additional amount for “Construction”, $25,000,000, to remain available until expended, to repair damage due to hurricanes, floods and other acts of nature: *Provided,* That the entire amount is designated by the Congress as an emergency requirement 112 STAT. 2681–577pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the amount provided shall be available only to the extent that an official budget request that includes designation of the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. National Park Service construction For an additional amount for “Construction”, $10,000,000, to remain available until expended, to repair damage due to hurricanes, floods and other acts of nature: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the amount provided shall be available only to the extent that an official budget request that includes designation of the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. United States Geological Survey surveys, investigations, and research For an additional amount for “Surveys, Investigations, and Research”, $1,000,000, to remain available until expended, to repair damage due to hurricanes, floods and other acts of nature: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the amount provided shall be available only to the extent that an official budget request that includes designation of the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress. CHAPTER 5 DEPARTMENT OF LABOR Employment and Training Administration training and employment services For an additional amount for “Training and Employment Services” to carry out section 402 of the Job Training Partnership Act, $7,000,000, to be available upon enactment and remain available through June 30, 1999: *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.112 STAT. 2681–578 CHAPTER 6 DEPARTMENT OF TRANSPORTATION Coast Guard acquisition, construction, and improvements For an additional amount for “Acquisition, Construction, and Improvements”, for facility replacement or repairs arising from the consequences of Hurricane Georges, $12,600,000, to remain available until expended: *Provided,* That the entire amount 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: *Provided further,* That the entire amount is designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 7 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Planning and Development community development block grants For an additional amount for “Community development block grants”, as authorized under title I of the Housing and Community Development Act of 1974, $250,000,000, which shall remain available until September 30, 2002, for use only for disaster relief, long-term recovery, and mitigation in communities affected by Presidentially-declared natural disasters designated during fiscal years 1998 and 1999, except for those activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency, the Small Business Administration, or the Army Corps of Engineers: *Provided,* That in administering these amounts and except as provided in the next proviso, the Secretary of Housing and Urban Development (the Secretary) may waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds, except for statutory requirements related to civil rights, fair housing and nondiscrimination, the environment, and labor standards, upon a finding that such waiver is required to facilitate the use of such funds and would not be inconsistent with the overall purpose of the statute: *Provided further,* That the Secretary may waive the requirements that activities benefit persons of low and moderate income, except that at least 50 percent of the funds under this heading must benefit primarily persons of low and moderate income unless the Secretary makes a finding of compelling need: *Provided further,* That, upon a finding of compelling need, the Secretary must provide an explanation of the finding to the Committees on Appropriations: *Provided further,* That all funds under this heading shall be allocated by the Secretary to states (including Indian tribes for all purposes under this heading) to be administered 112 STAT. 2681–579by each state in conjunction with its Federal Emergency Management Agency program or its community development block grants program or by the entity designated by its Chief Executive Officer to administer the HOME Investment Partnerships Program: *Provided further,* That each state shall provide not less than 25 percent in non-Federal public matching funds or its equivalent value (other than administrative costs) for any funds allocated to the state under this heading: *Provided further,* That, in conjunction with the Director of the Federal Emergency Management Agency (the Director), the Secretary shall allocate funds based on the unmet needs identified by the Director as those which have not or will not be addressed by other federal disaster assistance programs: *Provided further,* That, in conjunction with the Director, the Secretary shall utilize annual disaster cost estimates in order that the funds under this heading shall be available, to the maximum extent feasible, to assist states with all Presidentially declared Federal Register, publication.disasters designated during these fiscal years: *Provided further,* That the Secretary shall publish a notice in the Federal Register governing the allocation and use of the community development block grants funds made available under this heading for disaster areas: *Provided further,* That any project or activity underway prior to a Presidentially declared disaster may not receive funds under this heading unless the disaster directly impacted the project: Records.*Provided further,* That 10 days prior to distribution of funds, the Secretary and the Director shall submit a list to the Committees on Appropriations, setting forth the proposed uses of funds, including an explanation of why other Federal disaster assistance programs do not cover the costs of unmet needs identified by the Director, the most recent estimates of unmet needs (including all uses of waivers and the reasons therefore), and an explanation of how the disaster impacted the proposed project: *Provided further,* That the Secretary and the Director shall submit quarterly reports to the Committees on Appropriations regarding the actual projects, localities and needs for which funds have been provided: *Provided further,* That these reports shall be based upon quarterly reports submitted to the Secretary and the Director by each state receiving funds under this heading: *Provided further,* That the entire amount shall be available only to the extent an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined by the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. INDEPENDENT AGENCY Federal Emergency Management Agency disaster relief For an additional amount for “Disaster relief”, $906,000,000, 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: *Provided further,* That the entire amount shall be available only to the extent that 112 STAT. 2681–580an 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. TITLE V—COUNTER-DRUG ACTIVITIES AND INTERDICTION CHAPTER 1 Department of Agriculture agriculture research service “Agriculture Research Service”, Department of Agriculture, $23,000,000, for additional counterdrug research and development activities: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That such amounts 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 such Act is transmitted by the President to the Congress. CHAPTER 2 DEPARTMENT OF JUSTICE Drug Enforcement Administration salaries and expenses For an additional amount for “Salaries and Expenses”, $10,200,000, to remain available until expended, of which the entire amount shall be available only to the extent that an official budget request that includes the designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. Immigration and Naturalization Service salaries and expenses enforcement and border affairs For an additional amount for “Salaries and Expenses, Enforcement and Border Affairs,” $10,000,000, to remain available until expended, of which the entire amount shall be available only to the extent that an official budget request that includes the designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: *Provided,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 112 STAT. 2681–581251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 3 DEPARTMENT OF STATE International Narcotics Control and Law Enforcement For an additional amount for “International Narcotics Control and Law Enforcement”, $232,600,000, to remain available until expended: *Provided,* That such funds shall be made available subject to the regular notification procedures of the Committees on Appropriations: *Provided further,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. CHAPTER 4 DEPARTMENT OF TRANSPORTATION Coast Guard operating expenses For an additional amount for necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for, $16,300,000, available solely for expenses related to the expansion of drug interdiction activities around Puerto Rico, the United States Virgin Islands, and other transit zone areas of operation, including costs to operate and maintain PC-170 patrol craft offered by the Department of Defense: *Provided,* That $4,000,000 of these funds shall be used only for the establishment and operating costs of a Caribbean International Support Tender, to train and support foreign coast guards in the Caribbean region: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: *Provided further,* That the entire amount shall be available only to the extent that 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. acquisition, construction, and improvements For an additional amount for acquisition, construction, renovation, and improvement of facilities and equipment, to be available for expansion of Coast Guard drug interdiction activities, $117,400,000, to remain available until expended: *Provided,* That the entire amount is designated by the Congress as an emergency 112 STAT. 2681–582requirement 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 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. CHAPTER 5 DEPARTMENT OF THE TREASURY Departmental Offices salaries and expenses (including transfer of funds) For an additional amount for “Salaries and Expenses”, $1,500,000, to remain available until expended for necessary expenses for an interagency money laundering initiative: *Provided,* That funds shall be available for transfer to the National Foreign Intelligence Program: *Provided further,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: *Provided further,* That none of the funds provided under this heading may be obligated until fifteen days after notice thereof has been transmitted to the Committees on Appropriations. United States Customs Service salaries and expenses For an additional amount for “Salaries and Expenses”, $106,300,000, to remain available until expended for counterdrug initiatives: *Provided,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: *Provided further,* That none of the funds provided under this heading may be obligated until fifteen days after notice thereof has been transmitted to the Committees on Appropriations.112 STAT. 2681–583 operation, maintenance and procurement, air and marine interdiction programs For an additional amount for “Operation, Maintenance and Procurement, Air and Marine Interdiction Programs”, $162,700,000, to remain available until expended: *Provided,* That of the amount provided, $153,000,000 shall be available for the procurement and conversion of two P-3B AEW aircraft and four P-3B Slick aircraft to be transferred from the Department of Defense to the Customs Service: *Provided further,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: *Provided further,* That none of the funds provided under this heading may be obligated until fifteen days after notice thereof has been transmitted to the Committees on Appropriations. customs facilities, construction, improvements and related expenses For an additional amount for “Customs Facilities, Construction, Improvements and Related Expenses”, $7,000,000, to remain available until expended: *Provided,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: *Provided further,* That none of the funds provided under this heading may be obligated until fifteen days after notice thereof has been transmitted to the Committees on Appropriations. EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT Office of National Drug Control Policy salaries and expenses For an additional amount for “Salaries and Expenses”, $1,200,000: *Provided,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: *Provided further,* That none of the funds provided under this heading may 112 STAT. 2681–584be obligated until fifteen days after notice thereof has been transmitted to the Committees on Appropriations. special forfeiture fund (including transfer of funds) For an additional amount to support the National Drug Court Institute, $2,000,000, to remain available until expended: *Provided,* That the entire amount shall be available for transfer to the National Drug Court Institute: *Provided further,* That the entire amount shall be available only to the extent that 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: *Provided further,* That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: *Provided further,* That none of the funds provided under this heading may be obligated until fifteen days after notice thereof has been transmitted to the Committees on Appropriations. TITLE VI—GENERAL PROVISION No part of any appropriation contained in this Division of this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. DIVISION C—OTHER MATTERS TITLE I—OTHER MATTERS Sec. 101. Acting Treasury Inspector General for Tax Administration.[5 USC app. 3 note](/us/usc/t5/s3).
(a)In General.—Notwithstanding any other provision of law, the President may appoint an acting Treasury inspector General for Tax Administration to serve during the period—
(1)beginning on the date of the enactment of this section (or, if later, the date of the appointment), and
(2)ending on the earlier of—
(A)April 30, 1999, or
(B)the date on which the first Treasury Inspector General for Tax Administration takes office (other than pursuant to this section).
(b)Duties Before January 18, 1999.—The acting Treasury Inspector General for Tax Administration appointed under subsection
(a)shall, before January 18, 1999, take only such actions as are necessary to begin operation of the Office of Treasury Inspector General for Tax Administration, including—
(1)making interim arrangements for administrative support for the Office,
(2)establishing interim positions in the Office into which personnel will be transferred upon the transfer of functions and duties to the Office on January 18,1999,
(3)appointing such acting personnel on an interim basis as may be necessary upon the transfer of functions and duties to the Office on January 18,1999, and 112 STAT. 2681–585(4) providing guidance and input for the fiscal year 2000 budget process for the Office.
(c)Actions Not to Limit Authority of IG.—None of the actions taken by an individual appointed under subsection
(a)shall affect the future authority of any Treasury Inspector General for Tax Administration not appointed under subsection (a).
(d)Limitations.—
(1)Nomination.—No individual appointed under subsection
(a)may serve on or after January 19, 1999, unless on or before such date the President has submitted to the Senate his nomination of an individual to serve as the first Treasury Inspector General for Tax Administration.
(2)Treasury inspector general may not serve.—No individual appointed under subsection
(a)may serve during any period such individual is serving as the Inspector General of the Treasury of the United States or the acting Inspector General of the Treasury of the United States.
(3)Employment restrictions.—The provisions of section 8D(j) of the Inspector General Act of 1978 (5 U.S.C. App.) shall apply to any individual appointed under subsection (a). Sec. 102. Section 122 of Public Law 105–119 (5 U.S.C. 3104 note) is amended—
(1)by amending subsection
(g)to read as follows: " “(g)Establishment.(1) Notwithstanding any other provision of law and subject to paragraph (2), the Secretary of the Treasury is authorized to establish, for a period of three years from date of enactment of this provision, a personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms, the United States Customs Service, and the United States Secret Service. “(2) The provisions of subsections
(b)through
(f)and subsection
(h)shall apply to the demonstration project authorized by paragraph
(1)except that— “(A) any reference in such subsections to the Director of the Federal Bureau of Investigation shall include a reference to the Secretary of the Treasury; “(B) the operating plan required by subsection
(d)shall be submitted not later than February 1, 1999 to the House and Senate Committees on Appropriations, the House Committee on Government Reform and Oversight, the Senate Committee on Governmental Affairs, the House Committee on Ways and Means, and the Senate Committee on Finance; and “(C) the report required by subsection
(f)shall be submitted not later than March 31, 2001.”; and "
(2)by amending subsection
(h)to read as follows— " “(h)Termination date. The authority to establish a demonstration project under this section shall terminate on November 26, 2000.”. " Sec. 103.[22 USC 4064](/us/usc/t22/s4064). Section 824 of the Foreign Service Act is amended:
(1)in subsection (a)(1)(A) by inserting “or in the case of a waiver under subsection (g)” after “subsection (b)”; and
(2)by adding the following new subsections
(g)and
(h)at the end: " “(g) The Secretary of State may waive the application of the paragraphs
(a)through
(d)of this section, on a case-by-case basis, 112 STAT. 2681–586for an annuitant reemployed on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(h) A reemployed annuitant as to whom a waiver under subsection
(g)is in effect shall not be considered a participant for purposes of subchapter I or subchapter II, or an employee for purposes of chapter 83 or 84 of title 5, United States Code.”. " Sec. 104. Title II of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399) is amended by adding the following new section at the end: " “SEC 206. CONTRACTING AUTHORITY.[22 USC 4824](/us/usc/t22/s4824). “The Secretary of State is authorized to employ individuals or organizations by contract to carry out the purposes of this Act, and 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 (except that the Secretary may determine the applicability to such individuals of any law administered by the Secretary concerning the employment of such individuals); and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making and performance of contracts and performance of work in the United States.”. " Sec. 106. Intrastate Bus Transportation in Hawaii. Section 14501(a)(1) of Title 49, United States Code, is amended by striking “operations” and inserting “operations, or to intrastate bus transportation of any nature in the State of Hawaii”. Sec. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply to emergency relief projects resulting from the flooding in the State of California in January and March 1995. Sec. 108. For the purpose of any Rule of the House of Representatives, notwithstanding any other provision of law, any obligation limitation relating to surface transportation projects under section 1602 of P.L. 105–178 shall be assumed to be administered on the basis of sound program management practices that are consistent with past practices of the administering agency permitting States to decide High Priority Project funding priorities within state program allocations. Sec. 109. Operation of Trailers.
(a)Registration of Trailers.—[49 USC 31701 note](/us/usc/t49/s31701).A State that requires annual registration of container chassis and the apportionment of fees for such registrations in accordance with the International Registration Plan (as defined under section 31701 of title 49, United States Code) shall not limit the operation, or require the registration, in the State of a container chassis (or impose fines or penalties on the operation of a container chassis for being operated in the State without a registration issued by the State) if such chassis—
(1)is registered under the laws of another State; and
(2)is operating under a trip permit issued by the State.
(b)Limitation on Registration of Trailers.—A State described in subsection
(a)may not deny the use of trip permits for the operation in the State of a container chassis that is registered under the laws of another State.112 STAT. 2681–587
(c)Safety Regulation.—This section shall apply to registration requirements only and shall not affect the ability of the State to regulate for safety.
(d)Penalties.—No State described in subsection (a), political subdivision of such a State, or person may impose or collect any fee, penalty, fine, or other form of damages which is based in whole or in part upon the nonpayment of a State registration fee (including related weight and licensing fees assessed as part of registration) attributable to a container chassis operated in the State (and registered in another State) before the date of enactment of this Act, unless it is shown by the State, political subdivision, or person that such container chassis was not operated in the State under a trip permit issued by the State.
(e)Container Chassis Defined.—In this section, the term “container chassis” means a trailer, semi-trailer, or auxiliary axle used exclusively for the transportation of ocean shipping containers. Sec. 110.Effective date. Reauthorization of the Federal Aviation Administration.
(a)Period of Applicability of Certain Amendments.—Effective September 29, 1998, section 125 of the Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 47114 note; 110 Stat. 3220) is repealed.
(b)Airport Improvement Program.—
(1)Authorization of appropriations.—Section 48103 of title 49, United States Code, is amended—
(A)by striking “September 30, 1996” and inserting “September 30, 1998”; and
(B)by striking “$2,280,000,000” and all that follows through the period at the end and inserting the following: “$1,205,000,000 for the six-month period beginning October 1, 1998”.
(2)Obligational authority.—Section 47104(c) of title 49, United States Code, is amended by striking “September 30, 1998” and inserting “March 31, 1999”.
(c)Aviation Insurance Program Amendments.—
(1)Reimbursement of insured party’s subrogee.—Section 44309(a) of title 49, United States Code, is amended to read as follows: " “(a) Losses.— “(1) Actions against united states.—A person may bring a civil action in a district court of the United States or in the United States Court of Federal Claims against the United States Government when— “(A) a loss insured under this chapter is in dispute; or “(B)(i) the person is subrogated under a contract between the person and a party insured under this chapter (other than section 44305(b)) to the rights of the insured party against the United States Government; and “(ii) the person has paid to the insured party, with the approval of the Secretary of Transportation, an amount for a physical damage loss that the Secretary has determined is a loss covered by insurance issued under this chapter (other than section 44305(b)). “(2) Limitation.—A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent, officer, or employee of the Government carrying out this chapter.112 STAT. 2681–588 “(3) Procedure.—To the extent applicable, the procedure in an action brought under section 1346(a)(2) of title 28, United States Code, applies to an action under this subsection.”. "
(2)Extension of aviation insurance program.—Section 44310 of such title is amended by striking “December 31, 1998.” and inserting “March 31, 1999.”.
(d)Eligibility of AIP Funds to Assess Y2K Compliance.—
(1)Eligibility.—For fiscal year 1999 the term “airport development” under section 47102(3) of title 49, United States Code, may include activities of an airport sponsor of a commercial service airport (as defined by section 47102(7) of such title) to assess the Year 2000 processing capabilities of any airport facilities, technology systems, or equipment owned by the airport sponsor and directly related to airport activities, regardless of whether such facilities, systems, or equipment are otherwise eligible for assistance under chapter 471 of such title. Such activities may include testing associated with such assessment.
(2)Limitations.—
(A)Only funds apportioned to sponsors under section 47114(c) of title 49, United States Code, or to States under subsections
(d)and
(e)of section 47114 of such title, may be used for activities described in paragraph (1).
(B)The expanded eligibility under paragraph
(1)applies only to the assessment (and associated testing) with respect to the Year 2000 processing capabilities of airport facilities, systems, and equipment owned by the airport sponsor.
(3)Definition.—In this subsection, the term “Year 2000 processing” means the processing (including, without limitation, calculating, comparing, sequencing, displaying, or storing), transmitting, or receiving of date or date/time data from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and leap year calculations.
(e)Scorekeeping Adjustment.—Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement of the Committee of Conference accompanying Conference Report No. 105–217, legislation in this section that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 were it included in an Act other than an appropriation Act shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(f)Joint Venture Agreements.
(1)In general.—Subchapter I of chapter 417 is amended by adding at the end the following: " “§ 41716. Joint venture agreements[49 USC 41716](/us/usc/t49/s41716). “(a) Definitions.—In this section, the following definitions apply: “(1) Joint venture agreement.—The term ‘joint venture agreement’ means an agreement entered into by a major air carrier on or after January 1, 1998, with regard to
(A)codesharing, blocked-space arrangements, long-term wet leases (as defined in section 207.1 of title 14, Code of Federal Regulations) 112 STAT. 2681–589of a substantial number (as defined by the Secretary by regulation) of aircraft, or frequent flyer programs, or
(B)any other cooperative working arrangement (as defined by the Secretary by regulation) between 2 or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by the major air carriers. “(2) Major air carrier.—The term ‘major air carrier’ means a passenger air carrier that is certificated under chapter 411 of this title and included in Carrier Group III under criteria contained in section 04 of part 241 of title 14, Code of Federal Regulations. “(b) Submission of Joint Venture Agreement—At least 30 days before a joint venture agreement may take effect, each of the major air carriers that entered into the agreement shall submit to the Secretary— “(1) a complete copy of the joint venture agreement and all related agreements; and “(2) other information and documentary material that the Secretary may require by regulation. “(c) Extension of Waiting Period.— “(1) In general.—The Secretary may extend the 30-day period referred to in subsection
(b)until— “(A) in the case of a joint venture agreement with regard to code-sharing, the 150th day following the last day of such period; and “(B) in the case of any other joint venture agreement, the 60th day following the last day of such period. “(2)Federal Register, publication. Publication of reasons for extension.—If the Secretary extends the 30-day period referred to in subsection (b), the Secretary shall publish in the Federal Register the Secretary’s reasons for making the extension. “(d) Termination of Waiting Period.—At any time after the date of submission of a joint venture agreement under subsection (b), the Secretary may terminate the waiting periods referred to in subsections
(b)and
(c)with respect to the agreement. “(e) Regulations.—The effectiveness of a joint venture agreement may not be delayed due to any failure of the Secretary to issue regulations to carry out this section. “(f) Memorandum to Prevent Duplicative Reviews.—Promptly after the date of enactment of this section, the Secretary shall consult with the Assistant Attorney General of the Antitrust Division of the Department of Justice in order to establish, through a written memorandum of understanding, preclearance procedures to prevent unnecessary duplication of effort by the Secretary and the Assistant Attorney General under this section and the antitrust laws of the United States, respectively. “(g) Prior Agreements.—With respect to a joint venture agreement entered into before the date of enactment of this section as to which the Secretary finds that— “(1) the parties submitted the agreement to the Secretary before such date of enactment; and “(2) the parties submitted all information on the agreement requested by the Secretary, the waiting period described in paragraphs
(2)and
(3)shall begin on the date, as determined by the Secretary, on which all such information was submitted and end on the last day to which the period could be extended under this section.112 STAT. 2681–590 “(h) Limitation on Statutory Construction.—The authority granted to the Secretary under this section shall not in any way limit the authority of the Attorney General to enforce the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).”. "
(2)Conforming amendment.—The analysis for subchapter I of chapter 417 is amended by adding at the end the following: " “41716. Joint venture agreements.”. "
(g)Competitive Practices in the Airline Industry.—
(1)National research council.—
(a)Study.—The National Research Council of the National Academy of Sciences shall complete a comprehensive update of the 1991 study of airline deregulation prepared by the Transportation Research Board of the Council. The update shall include updated versions of the chapters contained in the study pertaining to competitive issues in the airline industry as well as recommendations for changes in the statutory framework under which the airline industry operates.
(b)Report by National Research Council—Not later than 6 months after the date of enactment of this Act, the National Research Council shall transmit to Congress and the Secretary of Transportation a report containing the results of the study conducted under paragraph (a).
(c)Report by the Secretary.—Not later than 2 months after the date on which the Secretary receives the report of the National Research Council under paragraph (b), the Secretary shall transmit to Congress a report containing the response of the Secretary to the findings and recommendations of the National Research Council.
(2)Report to congress.—The Secretary shall conduct a study and transmit to Congress a report that includes—
(a)a description of any complaints received by the Secretary concerning acts of unfair competition or predatory pricing in the airline industry (including the number of such complaints) and of specific examples of such acts;
(b)a description of the options of the Secretary for addressing any acts of unfair competition or predatory pricing identified under paragraph (a);
(c)an analysis of the guidelines proposed in Docket OST–98–3713, including information documenting and quantifying the impact of the guidelines on the items listed in subsection (3)(c); and
(d)a description of the manner in which the Secretary plans to coordinate the handling of predatory pricing and unfair competition complaints against air carriers filed with the Secretary and similar complaints filed with the Attorney General, including methods to ensure efficient use of limited government resources and to ensure that all parties avoid duplicate requests by government agencies for information unless each of the agencies needs the information to carry out its statutory responsibilities.
(3)Guidelines.—112 STAT. 2681–591
(a)Issuance.—The Secretary shall not issue final guidelines in Docket OST–98–3713 before the date of transmittal to Congress of a report under subsection (2).
(b)Transmittal to congress.—If the Secretary issues final guidelines in Docket OST–98–3713, the Secretary shall transmit the guidelines to Congress.
(c)Impact of guidelines.—If, as a result of the study conducted under subsection (2), the Secretary decides to issue final guidelines in Docket OST–98–3713 that are different from the guidelines originally proposed, the Secretary shall, as part of the transmittal under paragraph (b), include information that documents and quantifies the impact of the guidelines on the following:
(i)Scheduled service to small- and medium-sized communities.
(ii)Airfares, including the availability of senior citizen, Internet, and standby discounts on routes covered by the guidelines.
(iii)The incentive and ability of major air carriers to offer low airfares.
(iv)The incentive of new entrant air carriers to offer low airfares.
(v)The ability of air carriers to offer inclusive leisure travel for which airfares are not separately advertised.
(vi)Members of frequent flyer programs.
(vii)The ability of air carriers to carry nonorigination and destination traffic on the portion of routes that are served by new entrant air carriers covered by the guidelines.
(viii)Airline employees.
(4)Consultation.—In conducting the study under section (2), the Secretary shall consult with the Attorney General, major air carriers, new entrant air carriers, airport and community leaders, academic and economic experts, and airline employees and passengers.
(5)Effective date.—The guidelines adopted in Docket OST–98–3713, or any similar guidelines, shall not become effective before the last day of the 12-week period beginning on the date of transmittal to Congress of final guidelines in Docket OST–98–3713, except that a week shall not count toward such 12-week period unless the House of Representatives is in session for legislative business at least 1 day during the week. Sec. 111. Steel Imports Into the United States.
(a)Findings.—Congress makes the following findings:
(1)The current financial crises in Asia, the independent States of the former Soviet Union (as defined in section 3 of the FREEDOM Support Act), Russia, and other areas of the world, involve significant depreciation in the currencies of several key steel-producing and steel-consuming countries, along with a collapse in the domestic demand for steel in the countries.
(2)The crises have generated and will continue to generate increases in United States imports of steel, both from the countries whose currencies have been depreciated and from other Asian steel-producing countries that are no longer able 112 STAT. 2681–592to export steel to the countries that are experiencing an economic crisis.
(3)United States imports of finished steel mill products from Asian steel-producing countries, such as the People’s Republic of China, Japan, Korea, India, Taiwan, Indonesia, Thailand, and Malaysia, increased by 79 percent in the first 5 months of 1998.
(4)Year-to-date imports of steel from Russia now exceed the record import levels of 1997, and steel imports from Russia and the Ukraine now approach 2,500,000 net tons.
(5)Foreign government trade restrictions and private restraints of trade distort international trade and investment patterns and result in burdens on United States commerce, including absorption of a disproportionate share of steel diverted from other countries.
(6)The European Union, for example, despite also being a major economy, in 1997 imported only one-tenth as much finished steel products from Asian steel-producing countries as the United States did and has restricted imports of steel from the independent states of the former Soviet Union and Russia.
(7)The United States is simultaneously facing a substantial increase in steel imports from the independent states of the former Soviet Union and Russia, caused in part by the closure of Asian markets to steel imports.
(8)There is a well recognized need for improvement in the enforcement of the United States trade laws to provide an effective response to situations of such increased imports.
(b)Sense of Congress.—Congress calls upon the President to—
(1)pursue enhanced enforcement of the United States trade laws with respect to the increase in steel imports into the United States, using all remedies available under United States laws including imposition of offsetting duties, quantitative restrictions, and other appropriate remedial measures;
(2)pursue with all methods at the President’s disposal to achieve a more equitable sharing of the burden of accepting imports of finished steel products from Asia and the independent states of the former Soviet Union;
(3)establish a task force within the executive branch that has responsibility for closely monitoring imports of steel into the United States; and
(4)report to Congress not later than January 5, 1999, with a comprehensive plan for responding to the increase in steel imports, including ways of limiting the deleterious effects on employment, prices, and investment in the United States steel industry. Sec. 112. Inclusion of Spirit Mound, South Dakota, on the Lewis and Clark Trail.
(a)Acquisition.—The Secretary of the Interior is authorized to acquire on a willing seller basis, at a cost of not to exceed $600,000, the tract of land known as “Spirit Mound”, located on South Dakota Highway 19 near Vermilion, South Dakota.
(b)Inclusion on the Lewis and Clark Trail.—The tract described in subsection
(a)shall be administered as part of the Lewis and Clark National Historic Trail.112 STAT. 2681–593
(c)Cooperative Agreement.—The Secretary of the Interior shall enter into a cooperative agreement with Lewis and Clark/Spirit Mound Trust Inc., providing for the restoration, interpretation, and long-term preservation of, and public access to, Spirit Mound. Sec. 113.
(a)Designation of Dick Cheney Federal Building.—The Federal Building and Post Office located at 100 East B Street, Casper, Wyoming, shall be known and designated as the “Dick Cheney Federal Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal Building and Post Office referred to in subsection
(a)shall be deemed to be a reference to the “Dick Cheney Federal Building”. Sec. 114.
(a)Designation.—The United States Post Office located at 297 Larkfield Road in East Northport, New York, shall be known and designated as the “Jerome Anthony Ambro, Jr. Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Post Office referred to in subsection
(a)shall be deemed to be a reference to the “Jerome Anthony Ambro, Jr. Post Office Building”. Sec. 115. Designation of Lieutenant Henry O. Flipper Station.
(a)In General.—The facility of the United States Postal Service located at Tall Timbers Village Square, United States Highway 19 South, in Thomasville, Georgia, shall be known and designated as the “Lieutenant Henry O. Flipper Station”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility of the United States Postal Service referred to in subsection
(a)shall be deemed to be a reference to the “Lieutenant Henry O. Flipper Station”. Sec. 116. William R. “Billy” Rolle Post Office Building.
(a)Designation.—The United States Postal Service building located at 3191 Grand Avenue in Coconut Grove, Florida, shall be known and designated as the “William R. ‘Billy’ Rolle Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “William R. ‘Billy’ Rolle Post Office Building”. Sec. 117. Helen Miller Post Office Building.
(a)Designation.—The United States Postal Service building located at 550 Fisherman Street in Opa Locka, Florida, shall be known and designated as the “Helen Miller Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Helen Miller Post Office Building”. Sec. 118. Essie Silva Post Office Building.
(a)Designation.—The United States Postal Service building located at 18690 N.W. 37th Avenue in Carol City, Florida, shall be known and designated as the “Essie Silva Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Essie Silva Post Office Building”.112 STAT. 2681–594 Sec. 119. Athalie Range Post Office Building.
(a)Designation.—The United States Postal Service building located at 500 North West 2d Avenue in Miami, Florida, shall be known and designated as the “Athalie Range Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Athalie Range Post Office Building”. Sec. 120. Garth Reeves, Sr. Post Office Building.
(a)Designation.—The United States Postal Service building located at 995 North West 119th Street in Miami, Florida, shall be known and designated as the “Garth Reeves, Sr. Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Garth Reeves, Sr. Post Office Building”. Sec. 121.
(a)Designation.—The United States Post Office located at 16250 Highway 603 in Kiln, Mississippi, shall be known and designated as the “Ray J. Favre Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Post Office referred to in subsection
(a)shall be deemed to be a reference to the “Ray J. Favre Post Office Building”. Sec. 122.
(a)Redesignation.—The building of the United States Postal Service located at 2419 West Monroe Street, in Chicago, Illinois, and known as the Midwest Post Office Building, shall be known and designated as the “Nancy B. Jefferson Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Nancy B. Jefferson Post Office Building”. Sec. 123.
(a)Redesignation.—The facility of the United States Postal Service located at 9719 Candelaria Road NE in Albuquerque, New Mexico, and known as the Eldorado Station Post Office, shall be known and designated as the “Steve Schiff Post Office”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection
(a)shall be deemed to be a reference to the “Steve Schiff Post Office”. Sec. 124.
(a)Designation.—The United States Post Office located at 860 Penniman Avenue in Plymouth, Michigan, shall be known and designated as the “Carl D. Pursell Post Office”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Post Office referred to in subsection
(a)shall be deemed to be a reference to the “Carl D. Pursell Post Office”. Sec. 125.
(a)Designation.—The United States Post Office located at 202 Center Street in Garwood, New Jersey, shall be known and designated as the “James T. Leonard, Sr. Post Office”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Post Office referred to in subsection
(a)shall be deemed to be a reference to the “James T. Leonard, Sr. Post Office”. Sec. 126. Edgar C. Campbell, Sr., Post Office Building.
(a)Designation.—The United States Postal Service building located at 658 63rd Street, in Philadelphia, Pennsylvania, shall 112 STAT. 2681–595be known and designated as the “Edgar C. Campbell, Sr., Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Edgar C. Campbell, Sr., Post Office Building”. Sec. 127. David P. Richardson, Jr., Post Office Building.
(a)Designation.—The United States Postal Service building located at 5209 Greene Street, in Philadelphia, Pennsylvania, shall be known and designated as the “David P. Richardson, Jr., Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “David P. Richardson, Jr., Post Office Building”. Sec. 128.
(a)Redesignation.—The building of the United States Postal Service located at 324 South Laramie Street, in Chicago, Illinois, and known as the Austin Post Office Building, shall be known and designated as the “Reverend Milton R. Brunson Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Reverend Milton R. Brunson Post Office Building”. Sec. 129. Designation.
(a)In General.—The facility of the United States Postal Service located at 3750 North Kedzie Avenue in Chicago, Illinois, shall be known and designated as the “Daniel J. Doffyn Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Post Office building referred to in subsection
(a)shall be deemed to be a reference to the “Daniel J. Doffyn Post Office Building”. Sec. 130.
(a)Designation.—The United States Post Office located at 215 East Jackson Street in Painesville, Ohio, as the “Karl Bernal Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Post Office referred to in subsection
(a)shall be deemed to be a reference to the “Karl Bernal Post Office Building”. Sec. 131.
(a)Designation.—The United States Post Office located at 95 West #100 South in Provo, Utah, shall be known and designated as the “Howard C. Nielson Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States Post Office referred to in subsection
(a)shall be deemed to be a reference to the “Howard C. Nielson Post Office Building”. Sec. 132.
(a)Designation.—The United States Postal Service building located at 11550 Livingston Road, in Fort Washington, Maryland, shall be known and designated as the “Jacob Joseph Chestnut Post Office Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection
(a)shall be deemed to be a reference to the “Jacob Joseph Chestnut Post Office Building”.112 STAT. 2681–596 Sec. 133.
(a)Designation.—The Federal building located at 309 North Church Street in Dyersburg, Tennessee, shall be known and designated as the “Jere Cooper Federal Building”.
(b)References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection
(a)shall be deemed to be a reference to the “Jere Cooper Federal Building”. Sec. 134. Notwithstanding any other law, sections 101 (d), (k), (p),
(s)and
(x)of the Omnibus Personnel Reform Amendment Act of 1998, D.C. Law 12–124, effective June 11, 1998, are enacted into law. Sec. 135.
(a)Any right, title, or interest of the United States in the property described in subsection
(b)is hereby waived.
(b)The property described in this subsection is certain real property comprised of approximately 106.94 acres of land located in Anne Arundel County in the State of Maryland, said property being originally approximately 144.5 acres of land granted to the United States to be held in title by the “Commissioners of the District of Columbia on behalf of the United States of America”, in fee simple, by a Judgment of Taking in U.S. District Court, Civil Action Number 2391, saving and excepting therefrom approximately 37.57 acres of land by deed dated June 17, 1947, and recorded at Liber 584, Folio 591. Sec. 136. Flood Mitigation Near Pierre, South Dakota.
(a)In General.—
(1)Land acquisition.—To provide full operational capability to carry out the authorized purposes of the Missouri River Main Stem dams that are part of the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and other purposes”, approved December 22, 1944, the Secretary may acquire from willing sellers such land and property in the vicinity of Pierre, South Dakota, or floodproof or relocate such properly within the project area, as the Secretary determines is adversely affected by the full wintertime Oahe Powerplant releases.
(2)Ownership and use.—Any land that is acquired under this authority shall be kept in public ownership and will be dedicated and maintained in perpetuity for a use that is compatible with any remaining flood threat.
(3)Report.—
(A)In general.—The Secretary shall not obligate funds to implement this paragraph until the Secretary has completed a report addressing the criteria for selecting which properties are to be acquired, relocated or floodproofed, and a plan for implementing such measures and has made a determination that the measures are economically justified.
(B)Deadline.—The report shall be completed not later than 180 days after funding is made available.
(4)Coordination and cooperation.—The report and implementation plan—
(A)shall be coordinated with the Federal Emergency Management Agency; and
(B)shall be prepared in consultation with other Federal agencies, and State and local officials, and residents.112 STAT. 2681–597
(5)Considerations.—Such report should take into account information from prior and ongoing studies.
(b)Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $35,000,000. Sec. 137. Grand Forks, North Dakota, and East Grand Forks, Minnesota.—The following project for water resources development and conservation and other purposes is authorized to be carried out by the Secretary of the Army, acting through the Chief of Engineers, substantially in accordance with the plans, and subject to the conditions recommended in a final report of the Chief of Engineers as approved by the Secretary, if the report of the Chief is completed not later than December 31, 1998: The project for flood damage reduction and recreation, Grand Forks, North Dakota, and East Grand Forks, Minnesota, at a total cost of $307,750,000, with an estimated Federal cost of $154,360,000 and an estimated non-Federal cost of $153,390,000. Sec. 138. Police Corps Act.
(a)Training Period.—
(1)In general.—Section 200108 of the Police Corps Act (42 U.S.C. 14097) is amended by striking subsection
(b)and inserting the following: " “(b) Training Sessions.—A participant in a State Police Corps program shall attend up to 24 weeks, but no less than 16 weeks, of training at a training center. The Director may approve training conducted in not more than 3 separate sessions.”. "
(2)Conforming amendment.—Section 200108(c) of the Police Corps Act (42 U.S.C. 14097(c)) is amended by striking “16 weeks of”.
(b)Reauthorization.—Section 200112 of the Police Corps Act (42 U.S.C. 14101) is amended by striking “$20,000” and all that follows before the period and inserting “$50,000,000 for fiscal year 1999, $70,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, and $90,000,000 for fiscal year 2002”. Sec. 139.[31 USC 5111 note](/us/usc/t31/s5111). Congressional Gold Medals and Commemorative Coins.
(a)Little Rock Nine.—
(1)The Congress hereby finds the following:
(A)Jean Brown Trickey, Carlotta Walls LaNier, Melba Patillo Beals, Terrence Roberts, Gloria Ray Karlmark, Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and Jefferson Thomas, hereafter in this section referred to as the “Little Rock Nine”, voluntarily subjected themselves to the bitter stinging pains of racial bigotry.
(B)The Little Rock Nine are civil rights pioneers whose selfless acts considerably advanced the civil rights debate in this country.
(C)The Little Rock Nine risked their lives to integrate Central High School in Little Rock, Arkansas, and subsequently the Nation.
(D)The Little Rock Nine sacrificed their innocence to protect the American principle that we are all “one Nation, under God, indivisible”.
(E)The Little Rock Nine have indelibly left their mark on the history of the Nation.
(F)The Little Rock Nine have continued to work toward equality for all Americans. (2)(A) The President is authorized to present, on behalf of Congress, to Jean Brown Trickey, Carlotta Walls LaNier, Melba Patillo Beals, Terrence Roberts, Gloria Ray Karlmark, 112 STAT. 2681–598Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and Jefferson Thomas, commonly referred to as the “Little Rock Nine”, gold medals of appropriate design, in recognition of the selfless heroism such individuals exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas.
(B)For purposes of the presentation referred to in subsection
(A)the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary for each recipient.
(C)Effective October 1, 1998, there be authorized to beEffective date. appropriated such sums as may be necessary to carry out this subsection. (3)(A) The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medals struck pursuant to subsection (a)(2)(B) under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.
(B)The appropriation used to carry out this subsection shall be reimbursed out of the proceeds of sales under subsection (a)(3)(A).
(4)The medals struck pursuant to this subsection are national medals for purposes of chapter 51 of title 31, United States Code.
(b)Gerald R. and Betty Ford.—
(1)The President is authorized to present, on behalf of the Congress, to Gerald R. and Betty Ford a gold medal of appropriate design—
(A)in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States; and
(B)in commemoration of the following occasions in 1998:
(i)The 85th anniversary of the birth of President Ford.
(ii)The 80th anniversary of the birth of Mrs. Ford.
(iii)The 50th wedding anniversary of President and Mrs. Ford.
(iv)The 50th anniversary of the 1st election of Gerald R. Ford to the United States to the United States House of Representatives.
(v)The 25th anniversary of the approval of Gerald R. Ford by the Congress to become Vice President of the United States.
(2)For purposes of the presentation referred to in subsection (b)(1), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.
(3)There are authorized to be appropriated not to exceed $20,000 to carry out this subsection.
(4)The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to subsection (b)(2) under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.112 STAT. 2681–599
(5)The appropriation used to carry out this subsection shall be reimbursed out of the proceeds of sales under subsection (b)(4).
(6)The medals struck pursuant to this subsection are national medals for purposes of chapter 51 of title 31, United States Code. (c)[31 USC 5112 note](/us/usc/t31/s5112). 6-Month Extension for Certain Sales.—Notwithstanding section 101(7)(D) of the United States Commemorative Coin Act of 1996, the Secretary of the Treasury may, at any time before January 1, 1999, make bulk sales at a reasonable discount to the Jackie Robinson Foundation of not less than 20 percent of any denomination of proof and uncirculated coins minted under section 101(7) of such Act which remained unissued as of July 1, 1998, except that the total number of coins of any such denomination which were issued under such section or this section may not exceed the amount of such denomination of coins which were authorized to be minted and issued under section 101(7)(A) of such Act. Sec. 140.
(a)Land Conveyance, San Joaquin County, California.—Notwithstanding any other provision of law (including the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)), the Attorney General shall convey, by quit claim deed and by negotiated sale, to the City of Tracy, California (in this section referred to as the “City”), the interest of the United States in a parcel of real property consisting of approximately 200 acres located in San Joaquin County, California, and currently administered by the Federal Bureau of Prisons of the Department of Justice. The Attorney General shall complete the conveyance to the City not later than 120 days after the date of the enactment of this Act.
(b)Description of Property.—The exact acreage and legal description of the real property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Attorney General. The cost of the survey shall be borne by the City.
(c)Purpose of Conveyance.—The purpose of the real property conveyance under subsection
(a)is to permit the City to use approximately 150 acres of the conveyed property as the location of a joint secondary and post secondary educational facility and for other educational purposes and to use approximately 50 acres of the conveyed property for economic development. In the event that the City determines that a joint secondary and post secondary educational facility is unfeasible for the 150-acre portion of the conveyed property, the City shall use up to 50 acres of that portion for at least 30 years as the location for a secondary school and for other educational purposes and use up to 100 acres of that portion as a public park and for other recreational purposes.
(d)Conditions on Use.—(1) The use of the real property conveyed under subsection
(a)for educational purposes, as provided in subsection (c), shall be subject to the approval of the Secretary of Education.
(2)The use of the conveyed real property for economic development, as provided in subsection (c), shall be subject to the approval of the Attorney General.
(3)If a portion of the conveyed real property is used as a public park or for other recreational purposes, as provided in subsection (c), the use of such portion shall be subject to the approval of the Secretary of the Interior.112 STAT. 2681–600
(e)Reversionary Interests.—(1) If the Secretary of Education determines at any time that the portion of the real property conveyed under subsection
(a)that is to be used for educational purposes is not being used for such purposes, all right, title, and interest in and to that portion of the property, including any improvements thereon, shall revert to the United States.
(2)If the Attorney General determines at any. time that the portion of the real property conveyed under subsection
(a)that is to be used for economic development is not being used for such purposes, all right, title, and interest in and to that portion of the property, including any improvements thereon, shall revert to the United States.
(3)If a portion of the real property conveyed under subsection
(a)is used as a public park or for other recreational purposes, as provided in subsection (c), and the Secretary of the Interior determines that such portion is no longer being used for such purposes, all right, title, and interest in and to that portion of the property, including any improvements thereon, shall revert to the United States.
(f)Additional Terms and Conditions.—The Attorney General may require such additional terms and conditions in connection with the conveyance under subsection
(a)as the Attorney General considers appropriate to protect the interests of the United States. Sec. 141.
(a)Short Title. This section may be cited as theLorton Technical Corrections Act of 1998. “Lorton Technical Corrections Act of 1998”.
(b)Transfer of Land to General Services Administration. Section 11201 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105–33; D.C. Code 24–1201) is amended—
(1)by redesignating the second subsection
(g)and subsection
(h)as subsections
(h)and (i);
(2)in subsection (g)(1)—
(A)by inserting “(A)” before “Notwithstanding”;
(B)by striking “Except as provided in paragraph (2)” and all that follows through “Department of the Interior.”; and
(C)by adding at the end the following new subparagraphs: " “(B) Contingent on the General Services AdministrationGovernment organization.
(GSA)receiving the necessary appropriations to carry out the requirements of this paragraph and subsection (g), and notwithstanding the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), not later than 60 days after the date of the enactment of the Lorton Technical Corrections Act of 1998, any property on which the Lorton Correctional Complex is located shall be transferred to the GSA. “(C) Not later than 1 year after the date of the enactment of the Lorton Technical Corrections Act of 1998, Fairfax County shall submit a reuse plan that complies with all requisite approvals to the Administrator of General Services, that aims to maximize use of the land for open space, park land, or recreation, while delineating permissible or required uses, potential development densities, and any time limits on such development factors of the property on which the Lorton Correctional Complex is located. “(D) Not later than 180 days after the date of the enactment of the Lorton Technical Corrections Act of 1998, the Secretary 112 STAT. 2681–601of the Interior shall notify GSA of any property it requests to be transferred to the Department of the Interior for the purpose of a land exchange by the United States Fish and Wildlife Service within the Commonwealth of Virginia or such other purposes consistent with the reuse plan developed by Fairfax County as the Secretary may request. The Administrator of General Services shall approve the Secretary’s request to the extent that the request is consistent with the reuse plan developed by Fairfax County and does not result in a significant reduction in the marketability or value of any remaining property. The Administrator of General Services shall coordinate with the Secretary of the Interior to resolve any conflicts presented by the Department of the Interior’s request and shall transfer the property to the Department of the Interior at no cost. “(E) Any property not transferred to the Department of the Interior under subparagraph
(D)shall be disposed of according to paragraphs
(2)and (4).”; "
(3)in subsection (g)(2)(A)(ii) by striking “Department of Parks and Recreation” each place it appears and inserting “Park Authority”;
(4)in subsection
(g)by adding at the end the following new paragraphs: " “(4) Conditions on transfer of lorton property east of ox road (state route 123).— “(A) In general.—With respect to property east of Ox Road (State Route 123) on which the Lorton Correctional Complex is located, the Administrator of General Services shall— “(i) cooperate with the District of Columbia Corrections Trustee to determine property necessary for the Trustee to maintain the security of the Lorton Correctional Complex until its closure; “(ii) prepare a report of title, complete a property description, provide protection and maintenance, conduct an environmental assessment of the property to determine the extent of contamination, complete National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and National Historic Preservation Act (16 U.S.C. 470 et seq.) processes for closure and disposal of the property, and provide an estimate of the cost for remediation and contingent on receiving the necessary appropriations complete the remediation in compliance with applicable Federal and State environmental laws; “(iii) develop a disposition strategy incorporating the Fairfax County reuse plan and the Department of the Interior’s land transfer request, and resolve conflicts between the plan and the transfer request, or between the reuse plan, the transfer request and the results of the environmental studies; “(iv) negotiate with any entity that has a lease, agreement, memorandum of understanding, right-of-way, or easement with the District of Columbia to occupy or utilize any parcels of such property on the date of the enactment of this title, to perfect or extend 112 STAT. 2681–602such lease, agreement, memorandum of understanding, right-of-way, or easement; “(v) transfer any property identified for use for open space, park land, or recreation in the Fairfax County reuse plan to the Northern Virginia Regional Park Authority, the Fairfax County Park Authority, or another public entity, subject to the condition that the recipient use the conveyed property only for open space, park land, or recreation and that the transfer be at fair market value considering the highest and best use of the property to be open space, park land, and recreation; “(vi) not later than 60 days after the property is transferred to the General Services Administration, transfer at fair market value the six-acre parcel east of Shirley Highway on Interstate 95 to Amtrak, subject to such terms and conditions as the Administrator determines to be in the best interest of the United States; “(vii) dispose of any parcels not reserved by the Department of the Interior and not otherwise addressed under this subparagraph at fair market value, subject to such terms and conditions as the Administrator determines to be in the best interest of the United States; “(viii) deposit any proceeds from the sale of property on which the Lorton Correctional Complex is located into a special fund established in the treasury for purposes of covering real property utilization and disposal related expenses, including environmental compliance and remediation for the Lorton Correctional Complex until all property has been conveyed; and “(ix) deposit any remaining funds in the Policy and Operations appropriation account of the General Services Administration to be used for real property utilization and disposal activities until expended. “(B) Report.—Not later than 90 days after the date of the receipt of the Fairfax County reuse plan and the Department of the Interior property transfer request by the Administrator of General Services, the Administrator shall report to the Committees on Appropriations and Government Reform and Oversight of the House of Representatives, and the Committees on Appropriations and Governmental Affairs of the Senate on plans to comply with the terms of this paragraph and any estimated costs associated with such compliance. “(C) Authorization.—There is authorized to be appropriated such sums as are necessary from the general funds of the Treasury, to remain available until expended, to the Policy and Operations appropriation account of the General Services Administration for the real property utilization and disposal activities in carrying out the provisions of this title. “(5) Jurisdiction.—Any property disposed of according to paragraphs
(2)and
(4)shall be under the jurisdiction of the Commonwealth of Virginia. Any development of such property and any property transferred to the Department of the Interior 112 STAT. 2681–603for exchange purposes shall comply with any applicable planning and zoning requirements of Fairfax County and the Fairfax County reuse plan.”. " Sec. 142.Olympic and Amateur Sports Act Amendments of 1998.[36 USC 101 note](/us/usc/t36/s101). Olympic and Amateur Sports.
(a)Short Title.—This section may be cited as the “Olympic and Amateur Sports Act Amendments of 1998”.
(b)Amendment of Title 36, United States Code; Title of Chapter.—
(1)Except as otherwise expressly provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 36, United States Code.
(2)Section 220501 is amended—
(A)by striking “**Definitions**” in the heading and inserting “**Title and Definitions**”;
(B)by inserting after the heading the following: " “(a)Short title.*Ante*, p. 1465. Title.—This chapter may be cited as the ‘Ted Stevens Olympic and Amateur Sports Act’.”; and "
(C)by inserting “(b) Definitions.—” immediately before “For the purposes of”.
(c)Definitions.—Section 220501 is amended by—
(1)inserting “or paralympic sports organization” after “national governing body” in paragraph (1);
(2)redesignating paragraph
(7)as paragraph (8); and
(3)inserting after paragraph
(6)the following: " “(7) ‘paralympic sports organization’ means an amateur sports organization which is recognized by the corporation under section 220521 of this title.”. "
(d)Purposes.—Section 220503 is amended by—
(1)striking “Olympic Games” each place it appears in paragraphs
(3)and
(4)and inserting “Olympic Games, the Paralympic Games,”; and
(2)striking paragraph
(13)and inserting the following: " “(13) to encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion of opportunities for meaningful participation by such amateur athletes in programs of athletic competition for able-bodied amateur athletes; and”. "
(e)Membership.—Section 220504(b) is amended by—
(1)striking paragraphs
(1)and
(2)and inserting the following: " “(1) amateur sports organizations recognized as national governing bodies and paralympic sports organizations in accordance with section 220521 of this title, including through provisions which establish and maintain a National Governing Bodies’ Council composed of representatives of the national governing bodies and any paralympic sports organizations and selected by their boards of directors or such other governing boards to ensure effective communication between the corporation and such national governing bodies and paralympic sports organizations; “(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition within the preceding 10 years, including through provisions which—112 STAT. 2681–604 “(A) establish and maintain an Athletes’ AdvisoryEstablishment. Council composed of, and elected by, such amateur athletes to ensure communication between the corporation and such amateur athletes; and “(B) ensure that the membership and voting power held by such amateur athletes is not less than 20 percent of the membership and voting power held in the board of directors of the corporation and in the committees and entities of the corporation;”; and "
(2)inserting a comma and “the Paralympic Games,” after “Olympic Games” in paragraph (3).
(f)Powers.—
(1)General corporate powers.—Section 220505(b)(9) is amended by striking “sued; and” and inserting “sued, except that any civil action brought in a State court against the corporation and solely relating to the corporation’s responsibilities under this Act shall be removed, at the request of the corporation, to the district court of the United States in the district in which the action was brought, and such district court shall have original jurisdiction over the action without regard to the amount in controversy or citizenship of the parties involved, and except that neither this paragraph nor any other provision of this chapter shall create a private right of action under this chapter; and”.
(2)Powers related to amateur athletics and the olympic games.—Section 220505(c) is amended by—
(A)striking “Organization;” in paragraph
(2)and inserting “Organization and as its national Paralympic committee in relations with the International Paralympic Committee;”;
(B)striking “Games and of” in paragraph
(3)and inserting “Games, the Paralympic Games, and”;
(C)striking “Games;” in paragraph
(4)and inserting “Games, or as paralympic sports organizations for any sport that is included on the program of the Paralympic Games;”; and
(D)striking “Games,” in paragraph
(5)and inserting “Games, the Paralympic Games, the Pan-American Games, world championship competition,”.
(g)Use of Olympic, Paralympic, and Pan-American Symbols.—Section 220506 is amended by—
(1)striking “rings;” in subsection (a)(2) and inserting “rings, the symbol of the International Paralympic Committee, consisting of 3 TaiGeuks, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by concentric rings;”;
(2)inserting “ ‘Paralympic’, Paralympiad’, ‘Pan-American’, ‘America Espirito Sport Fraternite’,” before “or any combination” in subsection (a)(4);
(3)inserting a comma and “International Paralympic Committee, the Pan-American Sports Organization,” after “International Olympic Committee” in subsection (b);
(4)inserting “the Paralympic team,” before “the Pan-American team” in subsection (b);
(5)inserting a comma and “Paralympic, or Pan-American Games” after “any Olympic” in subsection (c)(3);112 STAT. 2681–605
(6)inserting a comma and “the International Paralympic Committee, the Pan-American Sports Organization,” after “International Olympic Committee” in subsection (c)(4);
(7)inserting “AND GEOGRAPHIC REFERENCE” after “PRE-EXISTING” in subsection (d); and
(8)adding at the end of subsection
(d)the following: " “(3) Use of the word ‘Olympic’ to identify a business or goods or services is permitted by this section where— “(A) such use is not combined with any of the intellectual properties referenced in subsections
(a)or
(c)of this section; “(B) it is evident from the circumstances that such use of the word ‘Olympic’ refers to the naturally occurring mountains or geographical region of the same name that were named prior to February 6, 1998, and not to the corporation or any Olympic activity; and “(C) such business, goods, or services are operated, sold, and marketed in the State of Washington west of the Cascade Mountain range and operations, sales, and marketing outside of this area are not substantial.”. "
(h)Resolution of Disputes.—Section 220509 is amended by—
(1)inserting “(a) GENERAL.—” before “The corporation”;
(2)inserting “the Paralympic Games,” before “the Pan-American Games”;
(3)inserting after “the corporation.” the following: “In any lawsuit relating to the resolution of a dispute involving the opportunity of an amateur athlete to participate in the Olympic Games, the Paralympic Games, or the Pan-American Games, a court shall not grant injunctive relief against the corporation within 21 days before the beginning of such games if the corporation, after consultation with the chair of the Athletes’ Advisory Council, has provided a sworn statement in writing executed by an officer of the corporation to such court that its constitution and bylaws cannot provide for the resolution of such dispute prior to the beginning of such games.”; and
(4)adding at the end thereof the following: " “(b) Ombudsman.— “(1) The corporation shall hire and provide salary, benefits, and administrative expenses for an ombudsman for athletes, who shall— “(A) provide independent advice to athletes at no cost about the applicable provisions of this chapter and the constitution and bylaws of the corporation, national governing bodies, a paralympic sports organizations, international sports federations, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization, and with respect to the resolution of any dispute involving the opportunity of an amateur athlete to participate in the Olympic Games, the Paralympic Games, the Pan-American Games, world championship competition or other protected competition as defined in the constitution and bylaws of the corporation; “(B) assist in mediating any such disputes; and “(C) report to the Athletes’ Advisory Council on a regular basis. “(2)(A) The procedure for hiring the ombudsman for athletes shall be as follows:112 STAT. 2681–606 “(i) The Athletes’ Advisory Council shall provide the corporation’s executive director with the name of one qualified person to serve as ombudsman for athletes. “(ii) The corporation’s executive director shall immediately transmit the name of such person to the corporation’s executive committee. “(iii) The corporation’s executive committee shall hire or not hire such person after fully considering the advice and counsel of the Athletes’ Advisory Council. “If there is a vacancy in the position of the ombudsman for athletes, the nomination and hiring procedure set forth in this paragraph shall be followed in a timely manner. “(B) The corporation may terminate the employment of an individual serving as ombudsman for athletes only if— “(i) the termination is carried out in accordance with the applicable policies and procedures of the corporation; “(ii) the termination is initially recommended to the corporation’s executive committee by either the corporation’s executive director or by the Athletes’ Advisory Council; and “(iii) the corporation’s executive committee fully considers the advice and counsel of the Athletes’ Advisory Council prior to deciding whether or not to terminate the employment of such individual.”. "
(i)Agent for Service of Process.—The text of section 220510 is amended to read as follows: “As a condition to the exercise of any power or privilege granted by this chapter, the corporation shall have a designated agent in the State of Colorado to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.”.
(j)Report.—
(1)Section 220511(a) is amended to read as follows: " “(a) Submission to President and Congress.—The corporation shall, on or before the first day of June, 2001, and every fourth year thereafter, transmit simultaneously to the President and to each House of Congress a detailed report of its operations for the preceding 4 years, including— “(1) a complete statement of its receipts and expenditures; “(2) a comprehensive description of the activities and accomplishments of the corporation during such 4-year period; “(3) data concerning the participation of women, disabled individuals, and racial and ethnic minorities in the amateur athletic activities and administration of the corporation and national governing bodies; and “(4) a description of the steps taken to encourage the participation of women, disabled individuals, and racial minorities in amateur athletic activities.”. "
(2)The chapter analysis for chapter 2205 is amended by striking the item relating to section 220511 and inserting the following: " “220511. Report.” "
(k)Complete Teams.—
(1)General.—Subchapter I of chapter 2205 is amended by adding at the end thereof the following:112 STAT. 2681–607 " “§ 220512. Complete teams “In obtaining representation for the United States in each competition and event of the Olympic Games, Paralympic Games, and Pan-American Games, the corporation, either directly or by delegation to the appropriate national governing body or paralympic sports organization, may select, but is not obligated to select (even if not selecting will result in an incomplete team for an event), athletes who have not met the eligibility standard of the national governing body and the Corporation, when the number of athletes who have met the eligibility standards of such entities is insufficient to fill the roster for an event.”. "
(2)The chapter analysis for chapter 2205 is amended by inserting after the item relating to section 220511 the following: " “220512. Complete teams.”. "
(l)Recognition of Amateur Sports Organizations.—Section 220521 is amended by—
(1)striking the first sentence of subsection
(a)and inserting the following: “For any sport which is included on the program of the Olympic Games, the Paralympic Games, or the Pan-American Games, the corporation is authorized to recognize as a national governing body (in the case of a sport on the program of the Olympic Games or Pan-American Games) or as a paralympic sports organization (in the case of a sport on the program of the Paralympic Games for which a national governing body has not been designated under section 220522(b)) an amateur sports organization which files an application and is eligible for such recognition in accordance with the provisions of subsections
(a)or
(b)of section 220522.”;
(2)striking “approved.” in subsection
(a)and inserting “approved, except as provided in section 220522(b) with respect to a paralympic sports organization”;
(3)striking “hold a public hearing” in subsection
(b)and inserting “hold at least 2 public hearings”;
(4)striking “hearing.” each place it appears in subsection
(b)and inserting “hearings.”; and
(5)adding at the end of subsection
(b)the following: “The corporation shall send written notice, which shall include a copy of the application, at least 30 days prior to the date of any such public hearing to all amateur sports organizations known to the corporation in that sport.”.
(m)Eligibility Requirements.—Section 220522 is amended by—
(1)inserting “(a) General.—” before “An amateur”;
(2)striking paragraph
(4)and inserting the following: " “(4) agrees to submit to binding arbitration in any controversy involving— “(A) its recognition as a national governing body, as provided for in section 220529 of this title, upon demand of the corporation; and “(B) the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, upon demand of the corporation or any aggrieved amateur athlete, coach, trainer, manager, administrator or official, conducted in accordance with the Commercial Rules of the American Arbitration Association, as modified and provided for in the 112 STAT. 2681–608corporation’s constitution and bylaws, except that if the Athletes’ Advisory Council and National Governing Bodies’ Council do not concur on any modifications to such Rules, and if the corporation’s executive committee is not able to facilitate such concurrence, the Commercial Rules of Arbitration shall apply unless at least two-thirds of the corporation’s board of directors approves modifications to such Rules;”; "
(3)striking paragraph
(10)and inserting the following: " “(10) demonstrates, based on guidelines approved by the corporation, the Athletes’ Advisory Council, and the National Governing Bodies’ Council, that its board of directors and other such governing boards have established criteria and election procedures for and maintain among their voting members individuals who are actively engaged in amateur athletic competition in the sport for which recognition is sought or who have represented the United States in international amateur athletic competition within the preceding 10 years, that any exceptions to such guidelines by such organization have been approved by the corporation, and that the voting power held by such individuals is not less than 20 percent of the voting power held in its board of directors and other such governing boards;”; "
(4)inserting “or to participation in the Olympic Games, the Paralympic Games, or the Pan-American Games” after “amateur status” in paragraph (14); and
(5)adding at the end thereof the following: " “(b) Recognition of Paralympic Sports Organizations.—For any sport which is included on the program of the Paralympic Games, the corporation is authorized to designate, where feasible and when such designation would serve the best interest of the sport, and with the approval of the affected national governing body, a national governing body recognized under subsection
(a)to govern such sport. Where such designation is not feasible or would not serve the best interest of the sport, the corporation is authorized to recognize another amateur sports organization as a paralympic sports organization to govern such sport, except that, notwithstanding the other requirements of this chapter, any such paralympic sports organization— “(1) shall comply only with those requirements, perform those duties, and have those powers that the corporation, in its sole discretion, determines are appropriate to meet the objects and purposes of this chapter; and “(2) may, with the approval of the corporation, govern more than one sport included on the program of the Paralympic Games.”. "
(n)Authority of National Governing Bodies.—Section 220523 is amended by—
(1)striking “Games and” in paragraph
(6)and inserting “Games, the Paralympic Games, and”; and
(2)striking “Games and” in paragraph
(7)and inserting “Games, the Paralympic Games, and”.
(o)Duties of National Governing Bodies.—Section 220524 is amended by—
(1)redesignating paragraphs
(4)through
(8)as paragraphs
(5)through (9); and
(2)inserting after paragraph
(3)the following:112 STAT. 2681–609 " “(4) disseminate and distribute to amateur athletes, coaches, trainers, managers, administrators, and officials in a timely manner the applicable rules and any changes to such rules of the national governing body, the corporation, the appropriate international sports federation, the International Olympic Committee, the International Paralympic Committee, and the Pan-American Sports Organization;”. "
(p)Replacement of National Governing Body.—Section 220528 is amended by—
(1)striking “Olympic Games or both” in subsection (c)(1)(A) and inserting “Olympic Games or the Paralympic Games, or in both”;
(2)striking “registered” in subsection (c)(2) and inserting “certified”;
(3)striking “body.” in subsection (c)(2) and inserting “body and with any other organization that has filed an application.”;
(4)inserting “open to the public” in subsection
(d)after “formal hearing” in the first sentence;
(5)inserting after the second sentence in subsection
(d)the following: “The corporation also shall send written notice, including a copy of the application, at least 30 days prior to the date of the hearing to all amateur sports organizations known to the corporation in that sport.”; and
(6)striking “title.” in subsection (f)(4) and inserting “title and notify such national governing body of such probation and of the actions needed to comply with such requirements.”. (q)[36 USC 220501 note](/us/usc/t36/s220501). Special Report to Congress.—Five years from the date of the enactment of this Act, the United States Olympic Committee shall submit a special report to the Congress on the effectiveness of the provisions of chapter 2205 of title 36, United States Code, as amended by this Act, together with any additional proposed changes to that chapter the United States Olympic Committee determines are appropriate. Sec. 143. Section 8106(a) of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under section 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 note), is amended by striking “$3,000,000” and inserting “$1,000,000”. Sec. 144. Section 8120 of the Department of Defense Appropriations*Ante*, p. 2332. Act, 1999, is amended by striking out “owned, or partially owned by” and inserting in lieu thereof “if the Secretary of Defense determines that”, and is further amended by inserting before the period “owns more than a fifty per centum interest in the company”. Sec. 145. Modification of Land Conveyance Authority, Armed Forces Retirement Home.
(a)Postponement of Sale.—Subsection
(a)of section 1053 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201), as amended by section 1043 of the Strom Thurmond National Defense Authorization[110 Stat. 2650](/us/stat/110/2650). Act for Fiscal Year 1999, is further amended—
(1)by inserting “(1)” before “Notwithstanding”; and
(2)by adding at the end the following: " “(2) The sale under paragraph
(1)may not occur before April 30, 1999.”. "
(b)Deposit of Proceeds of Sale.—Subsection
(b)of such section 1053, as so amended, is further amended by adding at the end the following:112 STAT. 2681–610 " “(3) The payment received under paragraph
(2)shall be deposited in the Armed Forces Retirement Home Trust Fund in accordance with section 1519(a)(2) of the National Defense Authorization Act for Fiscal Year 1991 (104 Stat. 1730; 24 U.S.C. 419(a)(2)).”. " Sec. 146. Certification of Exports of Missile Equipment or Technology to China.
(a)Certification.—Section 1512 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 is amended—[22 USC 2778 note](/us/usc/t22/s2778).
(1)by striking “The” and inserting “(a) Certification.—The”; and
(2)by adding at the end the following: " “(b) Exception.—The certification requirement contained in subsection
(a)shall not apply to the export of inertial reference units and components in manned civilian aircraft or supplied as spare or replacement parts for such aircraft.”. "
(b)Effective Date.—The amendments made by this section[22 USC 2778 note](/us/usc/t22/s2778). shall take effect on the later of—
(1)the enactment of this Act; or
(2)the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. Sec. 147. The Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall assess the requirement for Marine Corps warfighting and attrition reserve F/A-18 aircraft and monitor the viability of the existing F/A-18 production line to meet these requirements: Provided, That, pursuant to section 8005 of the Department of Defense Appropriations Act, 1999, the Secretary of the Navy may transfer funds sufficient to ensure that the F/A-18 production capability remains available to meet Marine Corps F/A-18 warfighting and attrition reserve aircraft requirements through additional aircraft production. Sec. 148. Section 8135 of the Department of Defense Appropriations Act, 1992 (Public Law 102–172; 105 Stat. 1212; 37 U.S.C. 301b note), is amended—
(1)in subsection (a), by inserting before the period at the end the following: “or as a supplemental payment if the officer’s final military pay account is already settled”; and
(2)in subsection (b)—
(A)by inserting “applies” after “subsection (a)”;
(B)by striking “January 17, 1991” and inserting “August 2, 1990”;
(C)by inserting “(regardless of the date of the commencement of combatant activities in such zone as specified in that Executive Order)” after “as a combat zone”; and
(D)by striking “section 302b” and inserting “section 301b”. Sec. 149.
(a)Chapter 12 of title 11 of the United States Code,Effective date.Termination date.11 USC 1201 *et seq.*, 1201 note. as in effect on September 30, 1998, is hereby reenacted for the period beginning on October 1, 1998, and ending on April 1, 1999.
(b)All cases commenced or pending under chapter 12 of title 11, United States Code, as reenacted under subsection (a), and all matters and proceedings in or relating to such cases, shall be conducted and determined under such chapter as if such chapter were continued in effect after April 1, 1999. The substantive rights of parties in connection with such cases, matters, and proceedings shall continue to be governed under the laws applicable to such 112 STAT. 2681–611cases, matters, and proceedings as if such chapter were continued in effect after April 1, 1999.
(c)This section shall take effect on October 1, 1998. Sec. 150.
(a)Extension of Agreement For State of Mississippi.—The Secretary of the Interior shall offer to reinstate the Memorandum of Agreement between the Mississippi Department of Wildlife Conservation and the United States Fish and Wildlife Service concerning the framework closing dates for the 1979–1980 through 1981–1982 duck hunting seasons, executed in November 1979, for the 1998–1999 duck hunting season in the State of Mississippi, except that—
(1)the duck hunting season shall end on January 31, 1999; and
(2)the total number of days for the duck hunting season in the State of Mississippi shall not exceed 51 days.
(b)Extension of Agreement to Other States.—At the request of any other State represented on the Lower-Region Regulations Committee of the Mississippi Flyway Council, the Secretary of the Interior shall extend the agreement described in subsection
(a)to that State for the 1998–1999 duck hunting season if the State agrees to reduce the total number of days of the duck hunting season in the State to the extent necessary to result in no net increase in the duck harvest in the State for that season. SEC. 151.Federal Vacancies Reform Act of 1998.[5 USC 3301 note](/us/usc/t5/s3301). FEDERAL VACANCIES AND APPOINTMENTS.
(a)Short Title.—This section may be cited as the “Federal Vacancies Reform Act of 1998”.
(b)In General.—Chapter 33 of title 5, United States Code, is amended by striking sections 3345 through 3349 and inserting the following: " “§ 3345. Acting officer “(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office— “(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; “(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or “(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if— “(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of 112 STAT. 2681–612the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and “(B) the rate of pay for the position described under subparagraph
(A)is equal to or greater than the minimum rate of pay payable for a position at GS-15 of the General Schedule. “(b)(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if— “(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person— “(i) did not serve in the position of first assistant to the office of such officer; or “(ii) served in the position of first assistant to the office of such officer for less than 90 days; and “(B) the President submits a nomination of such person to the Senate for appointment to such office. “(2) Paragraph
(1)shall not apply to any person if— “(A) such person is serving as the first assistant to the office of an officer described under subsection (a); “(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and “(C) the Senate has approved the appointment of such person to such office. “(c)(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die. “(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office. “§ 3346. Time limitation “(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office— “(1) for no longer than 210 days beginning on the date the vacancy occurs; or “(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate. “(b)(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return. “(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve— “(A) until the second nomination is confirmed; or112 STAT. 2681–613 “(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned. “(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection
(a)shall begin on the date that the Senate first reconvenes. “§ 3347. Exclusivity “(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless— “(1) a statutory provision expressly— “(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or “(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or “(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution. “(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(2) applies. “§ 3348. Vacant office “(a) In this section— “(1) the term ‘action’ includes any agency action as defined under section 551(13); and “(2) the term ‘function or duty’ means any function or duty of the applicable office that— “(A)(i) is established by statute; and “(ii) is required by statute to be performed by the applicable officer (and only that officer); or “(B)(i)(I) is established by regulation; and “(II) is required by such regulation to be performed by the applicable officer (and only that officer); and “(ii) includes a function or duty to which clause
(I)and
(II)applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs. “(b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—112 STAT. 2681–614 “(1) the office shall remain vacant; and “(2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office), only the head of such Executive agency may perform any function or duty of such office. “(c) If the last day of any 210-day period under section 3346 is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations shall be deemed to be the last day of such period. “(d)(1) An action taken by any person who is not acting under section 3345, 3346, or 3347, or as provided by subsection (b), in the performance of any function or duty of a vacant office to which this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply shall have no force or effect. “(2) An action that has no force or effect under paragraph
(1)may not be ratified. “(e) This section shall not apply to— “(1) the General Counsel of the National Labor Relations Board; “(2) the General Counsel of the Federal Labor Relations Authority; “(3) any Inspector General appointed by the President, by and with the advice and consent of the Senate; “(4) any Chief Financial Officer appointed by the President, by and with the advice and consent of the Senate; or “(5) an office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office. “§ 3349. Reporting of vacancies “(a) The head of each Executive agency (including the Executive Office of the President, and other than the General Accounting Office) shall submit to the Comptroller General of the United States and to each House of Congress— “(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy; “(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation; “(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and “(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return. “(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to— “(1) the Committee on Governmental Affairs of the Senate;112 STAT. 2681–615 “(2) the Committee on Government Reform and Oversight of the House of Representatives; “(3) the Committees on Appropriations of the Senate and House of Representatives; “(4) the appropriate committees of jurisdiction of the Senate and House of Representatives; “(5) the President; and “(6) the Office of Personnel Management. “§ 3349a. Presidential inaugural transitions “(a) In this section, the term ‘transitional inauguration day’ means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office. “(b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring— “(1) 90 days after such transitional inauguration day; or “(2) 90 days after the date on which the vacancy occurs. “§ 3349b. Holdover provisions “Sections 3345 through 3349a shall not be construed to affect any statute that authorizes a person to continue to serve in any office— “(1) after the expiration of the term for which such person is appointed; and “(2) until a successor is appointed or a specified period of time has expired. “§ 3349c. Exclusion of certain officers “Sections 3345 through 3349b shall not apply to— “(1) any member who is appointed by the President, by and with the advice and consent of the Senate to any board, commission, or similar entity that— “(A) is composed of multiple members; and “(B) governs an independent establishment or Government corporation; “(2) any commissioner of the Federal Energy Regulatory Commission; “(3) any member of the Surface Transportation Board; or “(4) any judge appointed by the President, by and with the advice and consent of the Senate, to a court constituted under article I of the United States Constitution. “§ 3349d. Notification of intent to nominate during certain recesses or adjournments “(a) The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification by the President of the President’s intention to submit a nomination after the recess or adjournment shall be considered a nomination for purposes of sections 3345 through 3349c if such notification contains the name of the proposed nominee and the office for which the person is nominated. “(b) If the President does not submit a nomination of the person named under subsection
(a)within 2 days after the end 112 STAT. 2681–616of such recess or adjournment, effective after such second day the notification considered a nomination under subsection
(a)shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.”. "
(c)Technical and Conforming Amendment.—
(1)Table of sections.—The table of sections for chapter 33 of title 5, United States Code, is amended by striking the matter relating to subchapter III and inserting the following: " “SUBCHAPTER III—DETAILS, VACANCIES, AND APPOINTMENTS “3341. Details; within Executive or military departments. “(3342. Repealed.] “3343. Details; to international organizations. “3344. Details; administrative law judges. “3345. Acting officer. “3346. Time limitation. “3347. Exclusivity. “3348. Vacant office. “3349. Reporting of vacancies. “3349a. Presidential inaugural transitions. “3349b. Holdover provisions relating to certain independent establishments. “3349c. Exclusion of certain officers. “3349d. Notification of intent to nominate during certain recesses or adjournments.”. "
(2)Subchapter heading.—The subchapter heading for subchapter III of chapter 33 of title 5, United States Code, is amended to read as follows: " “SUBCHAPTER III—DETAILS, VACANCIES, AND APPOINTMENTS” "
(d)Effective Date and Application.—[5 USC 3345 note](/us/usc/t5/s3345).
(1)Effective date.—Subject to paragraph (2), this section and the amendments made by this section shall take effect 30 days after the date of enactment of this section.
(2)Application.—
(A)In general.—This section shall apply to any office that becomes vacant after the effective date of this section.
(B)Immediate application of time limitation.—Notwithstanding subparagraph (A), for any office vacant on the effective date of this section, the time limitations under section 3346 of title 5, United States Code (as amended by this section) shall apply to such office. Such time limitations shall apply as though such office first became vacant on the effective date of this section.
(C)Certain nominations.—If the President submits to the Senate the nomination of any person after the effective date of this section for an office for which such person had been nominated before such date, the next nomination of such person after such date shall be considered a first nomination of such person to that office for purposes of sections 3345 through 3349 and section 3349a of title 5, United States Code (as amended by this section). TITLE II—FISHERIESAmerican Fisheries Act. Subtitle I—Fishery Endorsements SEC. 201. SHORT TITLE.[46 USC 2101 note](/us/usc/t46/s2101). This title may be cited as the “American Fisheries Act”.112 STAT. 2681–617 SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.
(a)Standard.—Section 12102(c) of title 46, United States Code, is amended to read as follows— " “(c)(1) A vessel owned by a corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other entity is not eligible for a fishery endorsement under section 12108 of this title unless at least 75 per centum of the interest in such entity, at each tier of ownership of such entity and in the aggregate, is owned and controlled by citizens of the United States. “(2)Applicability. The Secretary shall apply section 2(c) of the Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining under this subsection whether at least 75 per centum of the interest in a corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other entity is owned and controlled by citizens of the United States. For the purposes of this subsection and of applying the restrictions on controlling interest in section 2(c) of such Act, the terms ‘control’ or ‘controlled’— “(A) shall include— “(i) the right to direct the business of the entity which owns the vessel; “(ii) the right to limit the actions of or replace the chief executive officer, a majority of the board of directors, any general partner, or any person serving in a management capacity of the entity which owns the vessel; or “(iii) the right to direct the transfer, operation or manning of a vessel with a fishery endorsement; and “(B) shall not include the right to simply participate in the activities under subparagraph (A), or the use by a mortgagee under paragraph
(4)of loan covenants approved by the Secretary. “(3) A fishery endorsement for a vessel that is chartered or leased to an individual who is not a citizen of the United States or to an entity that is not eligible to own a vessel with a fishery endorsement and used as a fishing vessel shall be invalid immediately upon such use. “(4)(A) An individual or entity that is otherwise eligible to own a vessel with a fishery endorsement shall be ineligible by reason of an instrument or evidence of indebtedness, secured by a mortgage of the vessel to a trustee eligible to own a vessel with a fishery endorsement that is issued, assigned, transferred or held in trust for a person not eligible to own a vessel with a fishery endorsement, unless the Secretary determines that the issuance, assignment, transfer, or trust arrangement does not result in an impermissible transfer of control of the vessel and that the trustee— “(i) is organized as a corporation, and is doing business, under the laws of the United States or of a State; “(ii) is authorized under those laws to exercise corporate trust powers; “(iii) is subject to supervision or examination by an official of the United States Government or a State; “(iv) has a combined capital and surplus (as stated in its most recent published report of condition) of at least $3,000,000; and112 STAT. 2681–618 “(v) meets any other requirements prescribed by the Secretary. “(B) A vessel with a fishery endorsement may be operated by a trustee only with the approval of the Secretary. “(C) A right under a mortgage of a vessel with a fishery endorsement may be issued, assigned, or transferred to a person not eligible to be a mortgagee of that vessel under section 31322(a)(4) of this title only with the approval of the Secretary. “(D) The issuance, assignment, or transfer of an instrument or evidence of indebtedness contrary to this paragraph is voidable by the Secretary. “(5) The requirements of this subsection shall not apply to a vessel when it is engaged in fisheries in the exclusive economic zone under the authority of the Western Pacific Fishery Management Council established under section 302(a)(1)(H) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse seine vessel when it is engaged in tuna fishing in the Pacific Ocean outside the exclusive economic zone of the United States or pursuant to the South Pacific Regional Fisheries Treaty, provided that the owner of the vessel continues to comply with the eligibility requirements for a fishery endorsement under the federal law that was in effect on October 1, 1998. A fishery endorsement issued by the Secretary pursuant to this paragraph shall be valid for engaging only in fisheries in the exclusive economic zone under the authority of such Council, in such tuna fishing in the Pacific Ocean, or pursuant to such Treaty. “(6) A vessel greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower is not eligible for a fishery endorsement under section 12108 of this title unless— “(A)(i) a certificate of documentation was issued for the vessel and endorsed with a fishery endorsement that was effective on September 25, 1997; “(ii) the vessel is not placed under foreign registry after the date of the enactment of the American Fisheries Act; and “(iii) in the event of the invalidation of the fishery endorsement after the date of the enactment of the American Fisheries Act, application is made for a new fishery endorsement within fifteen
(15)business days of such invalidation; or “(B) the owner of such vessel demonstrates to the Secretary that the regional fishery management council of jurisdiction established under section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)) has recommended after the date of the enactment of the American Fisheries Act, and the Secretary of Commerce has approved, conservation and management measures in accordance with such Act to allow such vessel to be used in fisheries under such council’s authority.”. "
(b)Preferred Mortgage.—Section 31322(a) of title 46, United States Code is amended—
(1)by striking “and” at the end of paragraph (2);
(2)by striking the period at the end of paragraph (3)(B) and inserting in lieu thereof a semicolon and “and”; and
(3)by inserting at the end the following new paragraph:112 STAT. 2681–619 “(4) with respect to a vessel with a fishery endorsement that is 100 feet or greater in registered length, has as the mortgagee— " “(A) a person eligible to own a vessel with a fishery endorsement under section 12102(c) of this title; “(B) a state or federally chartered financial institution that satisfies the controlling interest criteria of section 2(b) of the Shipping Act, 1916 (46 U.S.C. 802(b)); or “(C) a person that complies with the provisions of section 12102(c)(4) of this title.”. " SEC. 203. ENFORCEMENT OF STANDARD.
(a)Effective Date.—The amendments made by section 202 shall take effect on October 1, 2001. (b)Federal Register, publication.[46 USC 12102 note](/us/usc/t46/s12102). Regulations.—Final regulations to implement this subtitle shall be published in the Federal Register by April 1, 2000. Letter rulings and other interim interpretations about the effect of this subtitle and amendments made by this subtitle on specific vessels may not be issued prior to the publication of such final regulations. The regulations to implement this subtitle shall prohibit impermissible transfers of ownership or control, specify any transactions which require prior approval of an implementing agency, identify transactions which do not require prior agency approval, and to the extent practicable, minimize disruptions to the commercial fishing industry, to the traditional financing arrangements of such industry, and to the opportunity to form fishery cooperatives. (c)[46 USC 12102 note](/us/usc/t46/s12102). Vessels Measuring 100 Feet and Greater.—(1) The Administrator of the Maritime Administration shall administer section 12102(c) of title 46, United States Code, as amended by this subtitle, with respect to vessels 100 feet or greater in registered length. The owner of each such vessel shall file a statement of citizenship setting forth all relevant facts regarding vessel ownership and control with the Administrator of the Maritime Administration on an annual basis to demonstrate compliance with such section. Regulations to implement this subsection shall conform to the extent practicable with the regulations establishing the form of citizenship affidavit set forth in part 355 of title 46, Code of Federal Regulations, as in effect on September 25, 1997, except that the form of the statement under this paragraph shall be written in a manner to allow the owner of each such vessel to satisfy any annual renewal requirements for a certificate of documentation for such vessel and to comply with this subsection and section 12102(c) of title 46, United States Code, as amended by this Act, and shall not be required to be notarized.
(2)After October 1, 2001, transfers of ownership and control of vessels subject to section 12102(c) of title 46, United States Code, as amended by this Act, which are 100 feet or greater in registered length, shall be rigorously scrutinized for violations of such section, with particular attention given to leases, charters, mortgages, financing, and similar arrangements, to the control of persons not eligible to own a vessel with a fishery endorsement under section 12102(c) of title 46, United States Code, as amended by this Act, over the management, sales, financing, or other operations of an entity, and to contracts involving the purchase over extended periods of time of all, or substantially all, of the living marine resources harvested by a fishing vessel.112 STAT. 2681–620
(d)Vessels Measuring Less Than 100 Feet.—The Secretary[46 USC 12102 note](/us/usc/t46/s12102). of Transportation shall establish such requirements as are reasonable and necessary to demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels measuring less than 100 feet in registered length, and shall seek to minimize the administrative burden on individuals who own and operate such vessels.
(e)Endorsements Revoked.—The Secretary of Transportation[46 USC 12102 note](/us/usc/t46/s12102). shall revoke the fishery endorsement of any vessel subject to section 12102(c) of title 46, United States Code, as amended by this Act, whose owner does not comply with such section.
(f)Penalty.—Section 12122 of title 46, United States Code, is amended by inserting at the end the following new subsection: " “(c) In addition to penalties under subsections
(a)and (b), the owner of a documented vessel for which a fishery endorsement has been issued is liable to the United States Government for a civil penalty of up to $100,000 for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone of the United States, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation with respect to the eligibility of the vessel under section 12102(c) of this title in applying for or applying to renew such fishery endorsement.”. "
(g)Certain Vessels.—The vessels EXCELLENCE (United States official number 967502), GOLDEN ALASKA (United States official number 651041), OCEAN PHOENIX (United States official number 296779), NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and
(6)of section 208(g) of this Act) shall be exempt from section 12102(c), as amended by this Act, until such time after October 1, 2001 as more than 50 percent of the interest owned and controlled in the vessel changes, provided that the vessel maintains eligibility for a fishery endorsement under the federal law that was in effect the day before the date of the enactment of this Act, and unless, in the case of the NORTHERN TRAVELER or the NORTHERN VOYAGER (or such replacement), the vessel is used in any fishery under the authority of a regional fishery management council other than the New England Fishery Management Council or Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs
(A)and
(B)of section 302(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)
(A)and (B)), or in the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX, the vessel is used to harvest any fish. SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE.
(a)Repeal.—Section 7(b) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100–239; 46 U.S.C. 12102 note) is hereby repealed.
(b)Effective Date.—Subsection
(a)shall take effect on October[46 USC 12102 note](/us/usc/t46/s12102). 1, 2001.112 STAT. 2681–621 Subtitle II—[16 USC 1851 note](/us/usc/t16/s1851).Bering Sea Pollock Fishery SEC. 205. DEFINITIONS. As used in this subtitle—
(1)the term “Bering Sea and Aleutian Islands Management Area” has the same meaning as the meaning given for such term in part 679.2 of title 50, Code of Federal Regulations, as in effect on October 1,1998;
(2)the term “catcher/processor” means a vessel that is used for harvesting fish and processing that fish;
(3)the term “catcher vessel” means a vessel that is used for harvesting fish and that does not process pollock onboard;
(4)the term “directed pollock fishery” means the fishery for the directed fishing allowances allocated under paragraphs (1), (2), and
(3)of section 206(b);
(5)the term “harvest” means to commercially engage in the catching, taking, or harvesting of fish or any activity that can reasonably be expected to result in the catching, taking, or harvesting of fish;
(6)the term “inshore component” means the following categories that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area:
(A)shoreside processors, including those eligible under section 208(f); and
(B)vessels less than 125 feet in length overall that process less than 126 metric tons per week in round-weight equivalents of an aggregate amount of pollock and Pacific cod;
(7)the term “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
(8)the term “mothership” means a vessel that receives and processes fish from other vessels in the exclusive economic zone of the United States and is not used for, or equipped to be used for, harvesting fish;
(9)the term “North Pacific Council” means the North Pacific Fishery Management Council established under section 302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G));
(10)the term “offshore component” means all vessels not included in the definition of “inshore component” that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area;
(11)the term “Secretary” means the Secretary of Commerce; and
(12)the term “shoreside processor” means any person or vessel that receives unprocessed fish, except catcher/processors, motherships, buying stations, restaurants, or persons receiving fish for personal consumption or bait. SEC. 206. ALLOCATIONS. (a)Effective date. Pollock Community Development Quota.—Effective January 1, 1999, 10 percent of the total allowable catch of pollock in the Bering Sea and Aleutian Islands Management Area shall be allocated as a directed fishing allowance to the western Alaska community development quota program established under section 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)).112 STAT. 2681–622
(b)Inshore/Offshore.—Effective January 1, 1999, the remainderEffective date. of the pollock total allowable catch in the Bering Sea and Aleutian Islands Management Area, after the subtraction of the allocation under subsection
(a)and the subtraction of allowances for the incidental catch of pollock by vessels harvesting other groundfish species (including under the western Alaska community development quota program) shall be allocated as directed fishing allowances as follows—
(1)50 percent to catcher vessels harvesting pollock for processing by the inshore component;
(2)40 percent to catcher/processors and catcher vessels harvesting pollock for processing by catcher/processors in the offshore component; and
(3)10 percent to catcher vessels harvesting pollock for processing by motherships in the offshore component. SEC. 207. BUYOUT.
(a)Federal Loan.—Under the authority of sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) and notwithstanding the requirements of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary shall, subject to the availability of appropriations for the cost of the direct loan, provide up to $75,000,000 through a direct loan obligation for the payments required under subsection (d).
(b)Inshore Fee System.—Notwithstanding the requirements of section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 1861a), the Secretary shall establish a fee for the repayment of such loan obligation which—
(1)shall be six-tenths (0.6) of one cent for each pound round-weight of all pollock harvested from the directed fishing allowance under section 206(b)(1); and
(2)shall begin with such pollock harvested on or after January 1, 2000, and continue without interruption until such loan obligation is fully repaid; and
(3)shall be collected in accordance with section 312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C. 1861a(d)(2)(C)) and in accordance with such other conditions as the Secretary establishes.
(c)Federal Appropriation.—Under the authority of section 312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)), there are authorized to be appropriated $20,000,000 for the payments required under subsection (d).
(d)Payments.—Subject to the availability of appropriations for the cost of the direct loan under subsection
(a)and funds under subsection (c), the Secretary shall pay by not later than December 31, 1998—
(1)up to $90,000,000 to the owner or owners of the catcher/ processors listed in paragraphs
(1)through
(9)of section 209, in such manner as the owner or owners, with the concurrence of the Secretary, agree, except that—
(A)the portion of such payment with respect to the catcher/processor listed in paragraph
(1)of section 209 shall be made only after the owner submits a written certification acceptable to the Secretary that neither the owner nor a purchaser from the owner intends to use such catcher/processor outside of the exclusive economic 112 STAT. 2681–623zone of the United States to harvest any stock of fish (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) that occurs within the exclusive economic zone of the United States; and
(B)the portion of such payment with respect to the catcher/processors listed in paragraphs
(2)through
(9)of section 209 shall be made only after the owner or owners of such catcher/processors submit a written certification acceptable to the Secretary that such catcher/processors will be scrapped by December 31, 2000 and will not, before that date, be used to harvest or process any fish; and (2)(A) if a contract has been filed under section 210(a) by the catcher/processors listed in section 208(e), $5,000,000 to the owner or owners of the catcher/processors listed in paragraphs
(10)through
(14)of such section in such manner as the owner or owners, with the concurrence of the Secretary, agree; or
(B)if such a contract has not been filed by such date, $5,000,000 to the owners of the catcher vessels eligible under section 208(b) and the catcher/processors eligible under paragraphs
(1)through
(20)of section 208(e), divided based on the amount of the harvest of pollock in the directed pollock fishery by each such vessel in 1997 in such manner as the Secretary deems appropriate, except that any such payments shall be reduced by any obligation to the federal government that has not been satisfied by such owner or owners of any such vessels.
(e)Penalty.—If the catcher/processor under paragraph
(1)of section 209 is used outside of the exclusive economic zone of the United States to harvest any stock of fish that occurs within the exclusive economic zone of the United States while the owner who received the payment under subsection (d)(1)(A) has an ownership interest in such vessel, or if the catcher/processors listed in paragraphs
(2)through
(9)of section 209 are determined by the Secretary not to have been scrapped by December 31, 2000 or to have been used in a manner inconsistent with subsection (d)(1)(B), the Secretary may suspend any or all of the federal permits which allow any vessels owned in whole or in part by the owner or owners who received payments under subsection (d)(1) to harvest or process fish within the exclusive economic zone of the United States until such time as the obligations of such owner or owners under subsection (d)(1) have been fulfilled to the satisfaction of the Secretary.
(f)Program Defined; Maturity.—For the purposes of section 1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the fishing capacity reduction program in this subtitle shall be within the meaning of the term “program” as defined and used in such section. Notwithstanding section 1111(b)(4) of such Act (46 U.S.C. App. 1279f(b)(4)), the debt obligation under subsection
(a)of this section may have a maturity not to exceed 30 years. (g)Publication. Fishery Capacity Reduction Regulations.—The Secretary of Commerce shall by not later than October 15, 1998 publish proposed regulations to implement subsections (b), (c), (d), and
(e)of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).112 STAT. 2681–624 SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
(a)Catcher Vessels Onshore.—Effective January 1, 2000,Effective date. only catcher vessels which are—
(1)determined by the Secretary—
(A)to have delivered at least 250 metric tons of pollock; or
(B)to be less than 60 feet in length overall and to have delivered at least 40 metric tons of pollock, for processing by the inshore component in the directed pollock fishery in any one of the years 1996 or 1997, or between January 1,1998 and September 1, 1998;
(2)eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and
(3)not listed in subsection (b), shall be eligible to harvest the directed fishing allowance under section 206(b)(1) pursuant to a federal fishing permit.
(b)Catcher Vessels to Catcher/Processors.—Effective January 1, 1999, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit:
(1)AMERICAN CHALLENGER (United States official number 615085);
(2)FORUM STAR (United States official number 925863);
(3)MUIR MILACH (United States official number 611524);
(4)NEAHKAHNIE (United States official number 599534);
(5)OCEAN HARVESTER (United States official number 549892);
(6)SEA STORM (United States official number 628959);
(7)TRACY ANNE (United States official number 904859); and
(8)any catcher vessel—
(A)determined by the Secretary to have delivered at least 250 metric tons and at least 75 percent of the pollock it harvested in the directed pollock fishery in 1997 to catcher/processors for processing by the offshore component; and
(B)eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary.
(c)Catcher Vessels to Motherships.—Effective January 1, 2000, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit:
(1)ALEUTIAN CHALLENGER (United States official number 603820);
(2)ALYESKA (United States official number 560237);
(3)AMBER DAWN (United States official number 529425);
(4)AMERICAN BEAUTY (United States official number 613847);
(5)CALIFORNIA HORIZON (United States official number 590758);
(6)MAR-GUN (United States official number 525608);
(7)MARGARET LYN (United States official number 615563);
(8)MARK I (United States official number 509552);
(9)MISTY DAWN (United States official number 926647);112 STAT. 2681–625
(10)NORDIC FURY (United States official number 542651);
(11)OCEAN LEADER (United States official number 561518);
(12)OCEANIC (United States official number 602279);
(13)PACIFIC ALLIANCE (United States official number 612084);
(14)PACIFIC CHALLENGER (United States official number 518937);
(15)PACIFIC FURY (United States official number 561934);
(16)PAPADO II (United States official number 536161);
(17)TRAVELER (United States official number 929356);
(18)VESTERAALEN (United States official number 611642);
(19)WESTERN DAWN (United States official number 524423); and
(20)any vessel—
(A)determined by the Secretary to have delivered at least 250 metric tons of pollock for processing by motherships in the offshore component of the directed pollock fishery in any one of the years 1996 or 1997, or between January 1,1998 and September 1,1998;
(B)eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and
(C)not listed in subsection (b). (d)Effective date. Motherships.—Effective January 1, 2000, only the following motherships shall be eligible to process the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit:
(1)EXCELLENCE (United States official number 967502);
(2)GOLDEN ALASKA (United States official number 651041); and
(3)OCEAN PHOENIX (United States official number 296779).
(e)Catcher/Processors.—Effective January 1, 1999, only the following catcher/processors shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit:
(1)AMERICAN DYNASTY (United States official number 951307);
(2)KATIE ANN (United States official number 518441);
(3)AMERICAN TRIUMPH (United States official number 646737);
(4)NORTHERN EAGLE (United States official number 506694);
(5)NORTHERN HAWK (United States official number 643771);
(6)NORTHERN JAEGER (United States official number 521069);
(7)OCEAN ROVER (United States official number 552100);
(8)ALASKA OCEAN (United States official number 637856);
(9)ENDURANCE (United States official number 592206);112 STAT. 2681–626
(10)AMERICAN ENTERPRISE (United States official number 594803);
(11)ISLAND ENTERPRISE (United States official number 610290);
(12)KODIAK ENTERPRISE (United States official number 579450);
(13)SEATTLE ENTERPRISE (United States official number 904767);
(14)US ENTERPRISE (United States official number 921112);
(15)ARCTIC STORM (United States official number 903511);
(16)ARCTIC FJORD (United States official number 940866);
(17)NORTHERN GLACIER (United States official number 663457);
(18)PACIFIC GLACIER (United States official number 933627);
(19)HIGHLAND LIGHT (United States official number 577044);
(20)STARBOUND (United States official number 944658); and
(21)any catcher/processor not listed in this subsection and determined by the Secretary to have harvested more than 2,000 metric tons of the pollock in the 1997 directed pollock fishery and determined to be eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary, except that catcher/processors eligible under this paragraph shall be prohibited from harvesting in the aggregate a total of more than one-half (0.5) of a percent of the pollock apportioned for the directed pollock fishery under section 206(b)(2). Notwithstanding section 213(a), failure to satisfy the requirements of section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100–239; 46 U.S.C. 12108 note) shall not make a catcher/processor listed under this subsection ineligible for a fishery endorsement.
(f)Shoreside Processors.—(1) Effective January 1, 2000 andEffective date. except as provided in paragraph (2), the catcher vessels eligible under subsection
(a)may deliver pollock harvested from the directed fishing allowance under section 206(b)(1) only to—
(A)shoreside processors (including vessels in a single geographic location in Alaska State waters) determined by the Secretary to have processed more than 2,000 metric tons round-weight of pollock in the inshore component of the directed pollock fishery during each of 1996 and 1997; and
(B)shoreside processors determined by the Secretary to have processed pollock in the inshore component of the directed pollock fishery in 1996 or 1997, but to have processed less than 2,000 metric tons round-weight of such pollock in each year, except that effective January 1, 2000, each such shoreside processor may not process more than 2,000 metric tons round-weight from such directed fishing allowance in any year.
(2)Upon recommendation by the North Pacific Council, the Secretary may approve measures to allow catcher vessels eligible under subsection
(a)to deliver pollock harvested from the directed 112 STAT. 2681–627fishing allowance under section 206(b)(1) to shoreside processors not eligible under paragraph
(1)if the total allowable catch for pollock in the Bering Sea and Aleutian Islands Management Area increases by more than 10 percent above the total allowable catch in such fishery in 1997, or in the event of the actual total loss or constructive total loss of a shoreside processor eligible under paragraph (1)(A).
(g)Replacement Vessels.—In the event of the actual total loss or constructive total loss of a vessel eligible under subsections (a), (b), (c), (d), or (e), the owner of such vessel may replace such vessel with a vessel which shall be eligible in the same manner under that subsection as the eligible vessel, provided that—
(1)such loss was caused by an act of God, an act of war, a collision, an act or omission of a party other than the owner or agent of the vessel, or any other event not caused by the willful misconduct of the owner or agent;
(2)the replacement vessel was built in the United States and if ever rebuilt, was rebuilt in the United States;
(3)the fishery endorsement for the replacement vessel is issued within 36 months of the end of the last year in which the eligible vessel harvested or processed pollock in the directed pollock fishery;
(4)if the eligible vessel is greater than 165 feet in registered length, of more than 750 gross registered tons, or has engines capable of producing more than 3,000 shaft horsepower, the replacement vessel is of the same or lesser registered length, gross registered tons, and shaft horsepower;
(5)if the eligible vessel is less than 165 feet in registered length, of fewer than 750 gross registered tons, and has engines incapable of producing less than 3,000 shaft horsepower, the replacement vessel is less than each of such thresholds and does not exceed by more than 10 percent the registered length, gross registered tons or shaft horsepower of the eligible vessel; and
(6)the replacement vessel otherwise qualifies under federal law for a fishery endorsement, including under section 12102(c) of title 46, United States Code, as amended by this Act.
(h)Eligibility During Implementation.—In the event the Secretary is unable to make a final determination about the eligibility of a vessel under subsection (b)(8) or subsection (e)(21) before January 1, 1999, or a vessel or shoreside processor under subsection (a), subsection (c)(21), or subsection
(f)before January 1, 2000, such vessel or shoreside processor, upon the filing of an application for eligibility, shall be eligible to participate in the directed pollock fishery pending final determination by the Secretary with respect to such vessel or shoreside processor.
(i)Eligibility Not a Right.—Eligibility under this section shall not be construed—
(1)to confer any right of compensation, monetary or otherwise, to the owner of any catcher vessel, catcher/processor, mothership, or shoreside processor if such eligibility is revoked or limited in any way, including through the revocation or limitation of a fishery endorsement or any federal permit or license;
(2)to create any right, title, or interest in or to any fish in any fishery; or112 STAT. 2681–628
(3)to waive any provision of law otherwise applicable to such catcher vessel, catcher/processor, mothership, or shoreside processor. SEC. 209. LIST OF INELIGIBLE VESSELS.Effective date. Effective December 31, 1998, the following vessels shall be permanently ineligible for fishery endorsements, and any claims (including relating to catch history) associated with such vessels that could qualify any owners of such vessels for any present or future limited access system permit in any fishery within the exclusive economic zone of the United States (including a vessel moratorium permit or license limitation program permit in fisheries under the authority of the North Pacific Council) are hereby extinguished:
(1)AMERICAN EMPRESS (United States official number 942347);
(2)PACIFIC SCOUT (United States official number 934772);
(3)PACIFIC EXPLORER (United States official number 942592);
(4)PACIFIC NAVIGATOR (United States official number 592204);
(5)VICTORIA ANN (United States official number 592207);
(6)ELIZABETH ANN (United States official number 534721);
(7)CHRISTINA ANN (United States official number 653045);
(8)REBECCA ANN (United States official number 592205); and
(9)BROWNS POINT (United States official number 587440). SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a)Public Notice.—(1) Any contract implementing a fishery cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521) in the directed pollock fishery and any material modifications to any such contract shall be filed not less than 30 days prior to the start of fishing under the contract with the North Pacific Council and with the Secretary, together with a copy of a letter from a party to the contract requesting a business review letter on the fishery cooperative from the Department of Justice and any response to such request. Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other provision of law, but taking into account the interest of parties to any such contract in protecting the confidentiality of proprietary information, the North Pacific Council and Secretary shall—
(A)make available to the public such information about the contract, contract modifications, or fishery cooperative the North Pacific Council and Secretary deem appropriate, which at a minimum shall include a list of the parties to the contract, a fist of the vessels involved, and the amount of pollock and other fish to be harvested by each party to such contract; and
(B)make available to the public in such manner as the North Pacific Council and Secretary deem appropriate information about the harvest by vessels under a fishery cooperative of all species (including bycatch) in the directed pollock fishery on a vessel-by-vessel basis.112 STAT. 2681–629
(b)Catcher Vessels Onshore.— (1)Effective date. Catcher vessel cooperatives.—Effective January 1, 2000, upon the filing of a contract implementing a fishery cooperative under subsection
(a)which—
(A)is signed by the owners of 80 percent or more of the qualified catcher vessels that delivered pollock for processing by a shoreside processor in the directed pollock fishery in the year prior to the year in which the fishery cooperative will be in effect; and
(B)specifies, except as provided in paragraph (6), that such catcher vessels will deliver pollock in the directed pollock fishery only to such shoreside processor during the year in which the fishery cooperative will be in effect and that such shoreside processor has agreed to process such pollock, the Secretary shall allow only such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) to harvest the aggregate percentage of the directed fishing allowance under section 206(b)(1) in the year in which the fishery cooperative will be in effect that is equivalent to the aggregate total amount of pollock harvested by such catcher vessels (and by such catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) in the directed pollock fishery for processing by the inshore component during 1995, 1996, and 1997 relative to the aggregate total amount of pollock harvested in the directed pollock fishery for processing by the inshore component during such years and shall prevent such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) from harvesting in aggregate in excess of such percentage of such directed fishing allowance,
(2)Voluntary participation.—Any contract implementing a fishery cooperative under paragraph
(1)must allow the owners of other qualified catcher vessels to enter into such contract after it is filed and before the calender year in which fishing will begin under the same terms and conditions as the owners of the qualified catcher vessels who entered into such contract upon filing.
(3)Qualified catcher vessel.—For the purposes of this subsection, a catcher vessel shall be considered a “qualified catcher vessel” if, during the year prior to the year in which the fishery cooperative will be in effect, it delivered more pollock to the shoreside processor to which it will deliver pollock under the fishery cooperative in paragraph
(1)than to any other shoreside processor.
(4)Consideration of certain vessels.—Any contract implementing a fishery cooperative under paragraph
(1)which has been entered into by the owner of a qualified catcher vessel eligible under section 208(a) that harvested pollock for processing by catcher/processors or motherships in the directed pollock fishery during 1995, 1996, and 1997 shall, to the extent practicable, provide fair and equitable terms and conditions for the owner of such qualified catcher vessel.
(5)Open access.—A catcher vessel eligible under section 208(a) the catch history of which has not been attributed to a fishery cooperative under paragraph
(1)may be used to deliver pollock harvested by such vessel from the directed fishing allowance under section 206(b)(1) (other than pollock 112 STAT. 2681–630reserved under paragraph
(1)for a fishery cooperative) to any of the shoreside processors eligible under section 208(f). A catcher vessel eligible under section 208(a) the catch history of which has been attributed to a fishery cooperative under paragraph
(1)during any calendar year may not harvest any pollock apportioned under section 206(b)(1) in such calendar year other than the pollock reserved under paragraph
(1)for such fishery cooperative.
(6)Transfer of cooperative harvest.—A contract implementing a fishery cooperative under paragraph
(1)may, notwithstanding the other provisions of this subsection, provide for up to 10 percent of the pollock harvested under such cooperative to be processed by a shoreside processor eligible under section 208(f) other than the shoreside processor to which pollock will be delivered under paragraph (1).
(c)Catcher Vessels to Catcher/Processors.—EffectiveEffective date. January 1, 1999, not less than 8.5 percent of the directed fishing allowance under section 206(b)(2) shall be available for harvest only by the catcher vessels eligible under section 208(b). The owners of such catcher vessels may participate in a fishery cooperative with the owners of the catcher/processors eligible under paragraphs
(1)through
(20)of the section 208(e). The owners of such catcher vessels may participate in a fishery cooperative that will be in effect during 1999 only if the contract implementing such cooperative establishes penalties to prevent such vessels from exceeding in 1999 the traditional levels harvested by such vessels in all other fisheries in the exclusive economic zone of the United States.
(d)Catcher Vessels to Motherships.—
(1)Processing.—Effective January 1, 2000, the authorityEffective date. in section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall extend to processing by motherships eligible under section 208(d) solely for the purposes of forming or participating in a fishery cooperative in the directed pollock fishery upon the filing of a contract to implement a fishery cooperative under subsection
(a)which has been entered into by the owners of 80 percent or more of the catcher vessels eligible under section 208(c) for the duration of such contract, provided that such owners agree to the terms of the fishery cooperative involving processing by the motherships.
(2)Voluntary participation.—Any contract implementing a fishery cooperative described in paragraph
(1)must allow the owners of any other catcher vessels eligible under section 208(c) to enter such contract after it is filed and before the calendar year in which fishing will begin under the same terms and conditions as the owners of the catcher vessels who entered into such contract upon filing.
(e)Excessive Shares.—
(1)Harvesting.—No particular individual, corporation, or other entity may harvest, through a fishery cooperative or otherwise, a total of more than 17.5 percent of the pollock available to be harvested in the directed pollock fishery.
(2)Processing.—Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific Council is directed to recommend for approval by the Secretary conservation and management measures to prevent any particular individual or entity from processing an excessive 112 STAT. 2681–631share of the pollock available to be harvested in the directed pollock fishery. In the event the North Pacific Council recommends and the Secretary approves an excessive processing share that is lower than 17.5 percent, any individual or entity that previously processed a percentage greater than such share shall be allowed to continue to process such percentage, except that their percentage may not exceed 17.5 percent (excluding pollock processed by catcher/processors that was harvested in the directed pollock fishery by catcher vessels eligible under 208(b)) and shall be reduced if their percentage decreases, until their percentage is below such share. In recommending the excessive processing share, the North Pacific Council shall consider the need of catcher vessels in the directed pollock fishery to have competitive buyers for the pollock harvested by such vessels.
(3)Review by maritime administration.—At the request of the North Pacific Council or the Secretary, any individual or entity believed by such Council or the Secretary to have exceeded the percentage in either paragraph
(1)or
(2)shall submit such information to the Administrator of the Maritime Administration as the Administrator deems appropriate to allow the Administrator to determine whether such individual or entity has exceeded either such percentage. The Administrator shall make a finding as soon as practicable upon such request and shall submit such finding to the North Pacific Council and the Secretary. For the purposes of this subsection, any entity in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be the same entity as the other individual or entity.
(f)Landing Tax Jurisdiction.—Any contract filed under subsection
(a)shall include a contract clause under which the parties to the contract agree to make payments to the State of Alaska for any pollock harvested in the directed pollock fishery which is not landed in the State of Alaska, in amounts which would otherwise accrue had the pollock been landed in the State of Alaska subject to any landing taxes established under Alaska law. Failure to include such a contract clause or for such amounts to be paid shall result in a revocation of the authority to form fishery cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C. 521 et seq.).
(g)Penalties.—The violation of any of the requirements of this section or section 211 shall be considered the commission of an act prohibited by section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857). In addition to the civil penalties and permit sanctions applicable to prohibited acts under section 308 of such Act (16 U.S.C. 1858), any person who is found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have violated a requirement of this section shall be subject to the forfeiture to the Secretary of Commerce of any fish harvested or processed during the commission of such act. SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
(a)General.—The North Pacific Council shall recommend for approval by the Secretary such conservation and management 112 STAT. 2681–632measures as it determines necessary to protect other fisheries under its jurisdiction and the participants in those fisheries, including processors, from adverse impacts caused by this Act or fishery cooperatives in the directed pollock fishery.
(b)Catcher/Processor Restrictions.—
(1)General.—The restrictions in this subsection shall takeEffective date. effect on January 1, 1999 and shall remain in effect thereafter except that they may be superceded (with the exception of paragraph (4)) by conservation and management measures recommended after the date of the enactment of this Act by the North Pacific Council and approved by the Secretary in accordance with the Magnuson-Stevens Act.
(2)Bering sea fishing.—The catcher/processors eligible under paragraphs
(1)through
(20)of section 208(e) are hereby prohibited from, in the aggregate—
(A)exceeding the percentage of the harvest available in the offshore component of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is equivalent to the total harvest by such catcher/ processors and the catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to the total amount available to be harvested by the offshore component in the fishery in 1995, 1996, and 1997;
(B)exceeding the percentage of the prohibited species available in the offshore component of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is equivalent to the total of the prohibited species harvested by such catcher/processors and the catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to the total amount of prohibited species available to be harvested by the offshore component in the fishery in 1995, 1996, and 1997; and
(C)fishing for Atka mackerel in the eastern area of the Bering Sea and Aleutian Islands and from exceeding the following percentages of the directed harvest available in the Bering Sea and Aleutian Islands Atka mackerel fishery—
(i)11.5 percent in the central area; and
(ii)20 percent in the western area.
(3)Bering sea processing.—The catcher/processors eligible under paragraphs
(1)through
(20)of section 208(e) are hereby prohibited from—
(A)processing any of the directed fishing allowances under paragraphs
(1)or
(3)of section 206(b); and
(B)processing any species of crab harvested in the Bering Sea and Aleutian Islands Management Area.
(4)Gulf of alaska.—The catcher/processors eligible under paragraphs
(1)through
(20)of section 208(e) are hereby prohibited from—
(A)harvesting any fish in the Gulf of Alaska;
(B)processing any groundfish harvested from the portion of the exclusive economic zone off Alaska known as area 630 under the fishery management plan for Gulf of Alaska groundfish; or
(C)processing any pollock in the Gulf of Alaska (other than as bycatch in non-pollock groundfish fisheries) or processing, in the aggregate, a total of more than 10 percent 112 STAT. 2681–633of the cod harvested from areas 610, 620, and 640 of the Gulf of Alaska under the fishery management plan for Gulf of Alaska groundfish.
(5)Fisheries other than north pacific.—The catcher/processors eligible under paragraphs
(1)through
(20)of section 208(e) and motherships eligible under section 208(d) are hereby prohibited from harvesting fish in any fishery under the authority of any regional fishery management council established under section 302(a) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)) other than the North Pacific Council, except for the Pacific whiting fishery, and from processing fish in any fishery under the authority of any such regional fishery management council other than the North Pacific Council, except in the Pacific whiting fishery, unless the catcher/processor or mothership is authorized to harvest or process fish under a fishery management plan recommended by the regional fishery management council of jurisdiction and approved by the Secretary.
(6)Observers and scales.—The catcher/processors eligible under paragraphs
(1)through
(20)of section 208(e) shall—
(A)have two observers onboard at all times while groundfish is being harvested, processed, or received from another vessel in any fishery under the authority of the North Pacific Council; and
(B)weigh its catch on a scale onboard approved by the National Marine Fisheries Service while harvesting groundfish in fisheries under the authority of the North Pacific Council. Effective dates.This paragraph shall take effect on January 1, 1999 for catcher/ processors eligible under paragraphs
(1)through
(20)of section 208(e) that will harvest pollock allocated under section 206(a) in 1999, and shall take effect on January 1, 2000 for all other catcher/processors eligible under such paragraphs of section 208(e).
(c)Catcher Vessel and Shoreside Processor Restrictions.—
(1)Required council recommendations.—By not later than July 1, 1999, the North Pacific Council shall recommend for approval by the Secretary conservation and management measures to—
(A)prevent the catcher vessels eligible under subsections (a), (b), and
(c)of section 208 from exceeding in the aggregate the traditional harvest levels of such vessels in other fisheries under the authority of the North Pacific Council as a result of fishery cooperatives in the directed pollock fishery; and
(B)protect processors not eligible to participate in the directed pollock fishery from adverse effects as a result of this Act or fishery cooperatives in the directed pollock fishery. If the North Pacific Council does not recommend such conservation and management measures by such date, or if the Secretary determines that such conservation and management measures recommended by the North Pacific Council are not adequate to fulfill the purposes of this paragraph, the Secretary may by regulation restrict or change the authority in section 112 STAT. 2681–634210(b) to the extent the Secretary deems appropriate, including by preventing fishery cooperatives from being formed pursuant to such section and by providing greater flexibility with respect to the shoreside processor or shoreside processors to which catcher vessels in a fishery cooperative under section 210(b) may deliver pollock.
(2)Bering sea crab and groundfish.—
(A)Effective January 1, 2000, the owners of theEffective date. motherships eligible under section 208(d) and the shoreside processors eligible under section 208(f) that receive pollock from the directed pollock fishery under a fishery cooperative are hereby prohibited from processing, in the aggregate for each calendar year, more than the percentage of the total catch of each species of crab in directed fisheries under the jurisdiction of the North Pacific Council than facilities operated by such owners processed of each such species in the aggregate, on average, in 1995, 1996, 1997. For the purposes of this subparagraph, the term “facilities” means any processing plant, catcher/processor, mothership, floating processor, or any other operation that processes fish. Any entity in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be the same entity as the other individual or entity for the purposes of this subparagraph.
(B)Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific Council is directed to recommend for approval by the Secretary conservation and management measures to prevent any particular individual or entity from harvesting or processing an excessive share of crab or of groundfish in fisheries in the Bering Sea and Aleutian Islands Management Area.
(C)The catcher vessels eligible under section 208(b) are hereby prohibited from participating in a directed fishery for any species of crab in the Bering Sea and Aleutian Islands Management Area unless the catcher vessel harvested crab in the directed fishery for that species of crab in such Area during 1997 and is eligible to harvest such crab in such directed fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary. The North Pacific Council is directed to recommend measures for approval by the Secretary to eliminate latent licenses under such program, and nothing in this subparagraph shall preclude the Council from recommending measures more restrictive than under this paragraph.
(3)Fisheries other than north pacific.—
(A)By not later than July 1, 2000, the Pacific Fishery Management Council established under section 302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall recommend for approval by the Secretary conservation and management measures to protect fisheries under its jurisdiction and the participants in those fisheries from adverse impacts caused by this Act or by any fishery cooperatives in the directed pollock fishery.
(B)If the Pacific Council does not recommend such conservation and management measures by such date, or 112 STAT. 2681–635if the Secretary determines that such conservation and management measures recommended by the Pacific Council are not adequate to fulfill the purposes of this paragraph, the Secretary may by regulation implement adequate measures including, but not limited to, restrictions on vessels which harvest pollock under a fishery cooperative which will prevent such vessels from harvesting Pacific groundfish, and restrictions on the number of processors eligible to process Pacific groundfish.
(d)Bycatch Information.—Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council may recommend and the Secretary may approve, under such terms and conditions as the North Pacific Council and Secretary deem appropriate, the public disclosure of any information from the groundfish fisheries under the authority of such Council that would be beneficial in the implementation of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(9) and 1853(a)(11)).
(e)Community Development Loan Program.—Under the authority of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), and subject to the availability of appropriations, the Secretary is authorized to provide direct loan obligations to communities eligible to participate in the western Alaska community development quota program established under 304(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)) for the purposes of purchasing all or part of an ownership interest in vessels and shoreside processors eligible under subsections (a), (b), (c), (d), (e), or
(f)of section 208. Notwithstanding the eligibility criteria in section 208(a) and section 208(c), the LISA MARIE (United States official number 1038717) shall be eligible under such sections in the same manner as other vessels eligible under such sections. SEC. 212.[46 USC app. 1274 note](/us/usc/t46/s1274). RESTRICTION ON FEDERAL LOANS. Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274 note) is amended—
(1)by inserting “(1)” before “Until October 1, 2001”; and
(2)by inserting at the end the following new paragraph: " “(2) No loans may be provided or guaranteed by the Federal Government for the construction or rebuilding of a vessel intended for use as a fishing vessel (as defined in section 2101 of title 46, United States Code), if such vessel will be greater than 165 feet in registered length, of more than 750 gross registered tons, or have an engine or engines capable of producing a total of more than 3,000 shaft horsepower, after such construction or rebuilding is completed. This prohibition shall not apply to vessels to be used in the menhaden fishery or in tuna purse seine fisheries outside the exclusive economic zone of the United States or the area of the South Pacific Regional Fisheries Treaty.”. " SEC. 213. DURATION. (a)Effective date.Termination date. General.—Except as otherwise provided in this title, the provisions of this title shall take effect upon the date of the enactment of this Act. Sections 206, 208, and 210 shall remain in effect until December 31, 2004, and shall be repealed on such date, except that the North Pacific Council may recommend and the Secretary may approve conservation and management measures 112 STAT. 2681–636as part of a fishery management plan under the Magnuson-Stevens Act to give effect to the measures in such sections thereafter.
(b)Existing Authority.—Except for the measures required by this subtitle, nothing in this subtitle shall be construed to limit the authority of the North Pacific Council or the Secretary under the Magnuson-Stevens Act.
(c)Changes to Fishery Cooperative Limitations and Pollock CDQ Allocation.—The North Pacific Council may recommend and the Secretary may approve conservation and management measures in accordance with the Magnuson-Stevens Act—
(1)that supersede the provisions of this title, except for sections 206 and 208, for conservation purposes or to mitigate adverse effects in fisheries or on owners of fewer than three vessels in the directed pollock fishery caused by this title or fishery cooperatives in the directed pollock fishery, provided such measures take into account all factors affecting the fisheries and are imposed fairly and equitably to the extent practicable among and within the sectors in the directed pollock fishery;
(2)that supersede the allocation in section 206(a) for any of the years 2002, 2003, and 2004, upon the finding by such Council that the western Alaska community development quota program for pollock has been adversely affected by the amendments in this title; or
(3)that supersede the criteria required in paragraph
(1)of section 210(b) to be used by the Secretary to set the percentage allowed to be harvested by catcher vessels pursuant to a fishery cooperative under such paragraph.
(d)Report to Congress.—Not later than October 1, 2000, the North Pacific Council shall submit a report to the Secretary and to Congress on the implementation and effects of this Act, including the effects on fishery conservation and management, on bycatch levels, on fishing communities, on business and employment practices of participants in any fishery cooperatives, on the western Alaska community development quota program, on any fisheries outside of the authority of the North Pacific Council, and such other matters as the North Pacific Council deems appropriate.
(e)Report on Fillet Production.—Not later than June 1, 2000, the General Accounting Office shall submit a report to the North Pacific Council, the Secretary, and the Congress on whether this Act has negatively affected the market for fillets and fillet blocks, including through the reduction in the supply of such fillets and fillet blocks. If the report determines that such market has been negatively affected, the North Pacific Council shall recommend measures for the Secretary’s approval to mitigate any negative effects.
(f)Severability.—If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this title, the amendments made by this title, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
(g)International Agreements.—In the event that any provision of section 12102(c) or section 31322(a) of title 46, United States Code, as amended by this Act, is determined to be inconsistent with an existing international agreement relating to foreign investment to which the United States is a party with respect 112 STAT. 2681–637to the owner or mortgagee on October 1, 2001 of a vessel with a fishery endorsement, such provision shall not apply to that owner or mortgagee with respect to such vessel to the extent of any such inconsistency. The provisions of section 12102(c) and section 31322(a) of title 46, United States Code, as amended by this Act, shall apply to all subsequent owners and mortgagees of such vessel, and shall apply, notwithstanding the preceding sentence, to the owner on October 1, 2001 of such vessel if any ownership interest in that owner is transferred to or otherwise acquired by a foreign individual or entity after such date. TITLE III—Denali Commission Act of 1998.[42 USC 3121 note](/us/usc/t42/s3121).DENALI COMMISSION SEC. 301. SHORT TITLE. This title may be cited as the “Denali Commission Act of 1998”. SEC. 302. PURPOSES. The purposes of this title are as follows:
(1)To deliver the services of the Federal Government in the most cost-effective manner practicable by reducing administrative and overhead costs.
(2)To provide job training and other economic development services in rural communities particularly distressed communities (many of which have a rate of unemployment that exceeds 50 percent).
(3)To promote rural development, provide power generation and transmission facilities, modern communication systems, water and sewer systems and other infrastructure needs. SEC. 303. ESTABLISHMENT OF COMMISSION.
(a)Establishment.—There is established a commission to be known as the Denali Commission (referred to in this title as the “Commission”). (b)Alaska. Membership.—
(1)Composition.—The Commission shall be composed of 7 members, who shall be appointed by the Secretary of Commerce (referred to in this title as the “Secretary”), of whom—
(A)one shall be the Governor of the State of Alaska, or an individual selected from nominations submitted by the Governor, who shall serve as the State Cochairperson;
(B)one shall be the President of the University of Alaska, or an individual selected from nominations submitted by the President of the University of Alaska;
(C)one shall be the President of the Alaska Municipal League or an individual selected from nominations submitted by the President of the Alaska Municipal League;
(D)one shall be the President of the Alaska Federation or Natives or an individual selected from nominations submitted by the President of the Alaska Federation or Natives;
(E)one shall be the Executive President of the Alaska State AFL-CIO or an individual selected from nominations submitted by the Executive President;
(F)one shall be the President of the Associated General Contractors of Alaska or an individual selected from nominations submitted by the President of the Associated General Contractors of Alaska; and112 STAT. 2681–638
(G)one shall be the Federal Cochairperson, who shall be selected in accordance with the requirements of paragraph (2).
(2)Federal cochairperson.—
(A)In general.—The President pro temporare of the Senate and the Speaker of the House of Representatives shall each submit a list of nominations for the position of the Federal Cochairperson under paragraph (1)(G), including pertinent biographical information, to the Secretary.
(B)Appointment—The Secretary shall appoint the Federal Cochairperson from among the list of nominations submitted under subparagraph (A). The Federal Cochairperson shall serve as an employee of the Department of Commerce, and may be removed by the Secretary for cause.
(C)Federal cochairperson vote.—The Federal Cochairperson appointed under this paragraph shall break any tie in the voting of the Commission.
(4)Date.—The appointments of the members of the Commission shall be made no later than January 1, 1999.
(c)Period of Appointment; Vacancies.—Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(d)Meetings.—
(1)In general.—The Commission shall meet at the call of the Federal Cochairperson not less frequently than 2 times each year, and may, as appropriate, conduct business by telephone or other electronic means.
(2)Notification.—Not later than 2 weeks before calling a meeting under this subsection, the Federal Cochairperson shall—
(A)notify each member of the Commission of the time, date and location of that meeting; and
(B)provide each member of the Commission with a written agenda for the meeting, including any proposals for discussion and consideration, and any appropriate background materials.
(e)Quorum.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 304. DUTIES OF THE COMMISSION.
(a)Work Plan.—
(1)In general.—Not later than 1 year after the date of enactment of this Act and annually thereafter, the Commission shall develop a proposed work plan for Alaska that meets the requirements of paragraph
(2)and submit that plan to the Federal Cochairperson for review in accordance with the requirements of subsection (b).
(2)Work plan.—In developing the work plan, the Commission shall—
(A)solicit project proposals from local governments and other entities and organizations; and
(B)provide for a comprehensive work plan for rural and infrastructure development and necessary job training in the area covered under the work plan.112 STAT. 2681–639
(3)Report.—Upon completion of a work plan under this subsection, the Commission shall prepare, and submit to the Secretary, the Federal Cochairperson, and the Director of the Office of Management and Budget, a report that outlines the work plan and contains recommendations for funding priorities.
(b)Review by Federal Cochairperson.— (1)Federal Register, publication. In general.—Upon receiving a work plan under this section, the Secretary, acting through the Federal Cochairperson, shall publish the work plan in the Federal Register, with notice and an opportunity for public comment. The period for public review and comment shall be the 30-day period beginning on the date of publication of that notice.
(2)Criteria for review.—In conducting a review under paragraph (1), the Secretary, acting through the Federal Cochairperson, shall—
(A)take into consideration the information, views, and comments received from interested parties through the public review and comment process specified in paragraph (1); and
(B)consult with appropriate Federal officials in Alaska including but not limited to Bureau of Indian Affairs, Economic Development Administration, and Rural Development Administration.
(3)Approval.—Not later than 30 days after the end of the period specified in paragraph (1), the Secretary acting through the Federal Cochairperson, shall—
(A)approve, disapprove, or partially approve the work plan that is the subject of the review; and
(B)issue to the Commission a notice of the approval, disapproval, or partial approval that—
(i)specifies the reasons for disapproving any portion of the work plan; and
(ii)if applicable, includes recommendations for revisions to the work plan to make the plan subject to approval.
(4)Review of disapproval or partial approval.—If the Secretary, acting through the Federal Cochairperson, disapproves or partially approves a work plan, the Federal Cochairperson shall submit that work plan to the Commission for review and revision. SEC. 305. POWERS OF THE COMMISSION.
(a)Information From Federal Agencies.—The Commission may secure directly from any Federal department or agency such information as it considers necessary to carry out the provisions of this Act. Upon request of the Federal Cochairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. Agencies must provide the Commission with the requested information in a timely manner. Agencies are not required to provide the Commission any information that is exempt from disclosure by the Freedom of Information Act. Agencies may, upon request by the Commission, make services and personnel available to the Commission to carry out the duties of the Commission. To the maximum extent practicable, the Commission shall contract for completion of necesssary work utilizing local firms and labor to minimize costs.112 STAT. 2681–640
(b)Postal Services.—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.
(c)Gifts.—The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 306. COMMISSION PERSONNEL MATTERS.
(a)Compensation of Members.—Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during the time such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation that is in addition to that received for their services as officers or employees of the United States.
(b)Travel Expenses.—The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(c)Staff.—
(1)In general.—The Federal Cochairperson of the Commission may, without regard to the civil service laws and regulations, appoint such personnel as may be necessary to enable the Commission to perform its duties.
(2)Compensation.—The Chairman of the Commission may fix the compensation of 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.
(d)Detail of Government Employees.—Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(e)Procurement of Temporary and Intermittent Services.—The Federal Cochairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
(f)Offices.—The principal office of the Commission shall be located in Alaska, at a location that the Commission shall select. SEC. 307. SPECIAL FUNCTIONS.
(a)Rural Utilities.—In carrying out its functions under this title, the Commission shall as appropriate, provide assistance, seek to avoid duplicating services and assistance, and complement the water and sewer wastewater programs under section 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) and section 303 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a).
(b)Bulk Fuels.—The Commission, in consultation with the Commandant of the Coast Guard, shall develop a plan to provide 112 STAT. 2681–641for the repair or replacement of bulk fuel storage tanks in Alaska that are not in compliance with applicable—
(1)Federal law, including the Oil Pollution Act of 1990 (104 Stat. 484); or
(2)State law. SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act shall not apply to the Commission. SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a)In General.—There are authorized to be appropriated to the Commission to carry out the duties of the Commission consistent with the purposes of this title and pursuant to the work plan approved under section 4 under this Act, $20,000,000 for fiscal year 1999, and such sums as may be necessary for fiscal years 2000,2001, 2002, and 2003
(b)Availability.—Any sums appropriated under the authorization contained in this section shall remain available until expended. TITLE IV—American Competitiveness and Workforce Improvement Act of 1998.AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. (a)[8 USC 1101 note](/us/usc/t8/s1101). Short Title.—This title may be cited as the “American Competitiveness and Workforce Improvement Act of 1998”.
(b)Table of Contents.—The table of contents of this title is as follows: Sec. 401. Short title; table of contents; amendments to Immigration and Nationality Act. SUBTITLE A—PROVISIONS RELATING TO H–1B NONIMMIGRANTS Sec. 411. Temporary increase in access to temporary skilled personnel under H–1B program. Sec. 412. Protection against displacement of United States workers in case of H–1B-dependent employers. Sec. 413. Changes in enforcement and penalties. Sec. 414. Collection and use of H–1B nonimmigrant fees for scholarships for low-income math, engineering, and computer science students and job training of United States workers. Sec. 415. Computation of prevailing wage level. Sec. 416. Improving count of H–1B and H–2B nonimmigrants. Sec. 417. Report on older workers in the information technology field. Sec. 418. Report on high technology labor market needs; reports on economic impact of increase in H–1B nonimmigrants. SUBTITLE B—SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES Sec. 421. Special immigrant status for certain NATO civilian employees. SUBTITLE C—MISCELLANEOUS PROVISION Sec. 431. Academic honoraria.
(c)Amendments to Immigration and Nationality Act.—Except as otherwise specifically provided in this title, whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).112 STAT. 2681–642 SUBTITLE A—PROVISIONS RELATING TO H–1B NONIMMIGRANTS SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED PERSONNEL UNDER H–1B PROGRAM.
(a)Temporary Increase in Skilled Nonimmigrant Workers.—Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is amended to read as follows: " “(A) under section 101(a)(15)(H)(i)(b), may not exceed— “(i) 65,000 in each fiscal year before fiscal year 1999; “(ii) 115,000 in fiscal year 1999; “(iii) 115,000 in fiscal year 2000; “(iv) 107,500 in fiscal year 2001; and “(v) 65,000 in each succeeding fiscal year; or”. "
(b)Effective Dates.—The amendment made by subsection[8 USC 1184 note](/us/usc/t8/s1184).
(a)applies beginning with fiscal year 1999. SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN CASE OF H–1B-DEPENDENT EMPLOYERS.
(a)Protection Against Layoff and Requirement for Prior Recruitment of United States Workers.—
(1)Additional Statements on Application.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph
(D)the following: " “(E)(i) In the case of an application described in clause (ii), the employer did not displace and will not displace a United States worker (as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application. “(ii) An application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph, and before October 1, 2001, by an H–1B-dependent employer (as defined in paragraph (3)) or by an employer that has been found, on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998, under paragraph (2)(C) or
(5)to have committed a willful failure or misrepresentation during the 5-year period preceding the filing of the application. An application is not described in this clause if the only H–1B nonimmigrants sought in the application are exempt H–1B nonimmigrants. “(F) In the case of an application described in subparagraph (E)(ii), the employer will not place the nonimmigrant with another employer (regardless of whether or not such other employer is an H–1B-dependent employer) where— “(i) the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer; and “(ii) there are indicia of an employment relationship between the nonimmigrant and such other employer; unless the employer has inquired of the other employer as to whether, and has no knowledge that, within the period beginning 90 days before and ending 90 days after the date of the placement of the nonimmigrant with the other employer, the other employer has displaced or intends to displace a United States worker employed by the other employer.112 STAT. 2681–643 “(G)(i) In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing the application— “(I) has taken good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to H–1B nonimmigrants under subparagraph (A), United States workers for the job for which the nonimmigrant or nonimmigrants is or are sought; and “(II) has offered the job to any United States worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought. “(ii) The conditions described in clause
(i)shall not apply to an application filed with respect to the employment of an H–1B nonimmigrant who is described in subparagraph (A), (B), or
(C)of section 203(b)(1).”. "
(2)Notice on application of potential liability of placing employers.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by adding at the end the following: “The application form shall include a clear statement explaining the liability under subparagraph
(F)of a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph.”.
(3)Construction.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is further amended by adding at the end the following: “Nothing in subparagraph
(G)shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the type of job involved, so long as such criteria are not applied in a discriminatory manner.”.
(b)H–1B-Dependent Employer and Other Definitions.—
(1)In general.—Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the following: " “(3)(A) For purposes of this subsection, the term ‘H–1B-dependent employer’ means an employer that— “(i)(I) has 25 or fewer full-time equivalent employees who are employed in the United States; and
(II)employs more than 7 H–1B nonimmigrants; “(ii)(I) has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States; and
(II)employs more than 12 H–1B nonimmigrants; or “(iii)(I) has at least 51 full-time equivalent employees who are employed in the United States; and
(II)employs H–1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees. “(B) For purposes of this subsection— “(i) the term ‘exempt H–1B nonimmigrant’ means an H–1B nonimmigrant who— “(I) receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or “(II) has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended employment; and112 STAT. 2681–644 “(ii) the term ‘nonexempt H–1B nonimmigrant’ means an H–1B nonimmigrant who is not an exempt H–1B nonimmigrant. “(C) For purposes of subparagraph (A)— “(i) in computing the number of full-time equivalent employees and the number of H–1B nonimmigrants, exempt H–1B nonimmigrants shall not be taken into account during the longer of— “(I) the 6-month period beginning on the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998; or “(II) the period beginning on the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998 and ending on the date final regulations are issued to carry out this paragraph; and “(ii) any group treated as a single employer under subsection (b), (c), (m), or
(o)of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer. “(4) For purposes of this subsection: “(A) The term ‘area of employment’ means the area within normal commuting distance of the worksite or physical location where the work of the H–1B nonimmigrant is or will be performed. If such worksite or location is within a Metropolitan Statistical Area, any place within such area is deemed to be within the area of employment. “(B) In the case of an application with respect to one or more H–1B nonimmigrants by an employer, the employer is considered to ‘displace’ a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant or nonimmigrants is or are sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a United States worker with substantially equivalent qualifications and experience, and is located in the same area of employment as the other job. “(C) The term ‘H–1B nonimmigrant’ means an alien admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b). “(D)(i) The term lays off, with respect to a worker— “(I) means to cause the worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in subparagraph
(E)or
(F)of paragraph (1)); but “(II) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer (or, in the case of a placement of a worker with another employer under paragraph (1)(F), with either employer described in such paragraph) at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer.112 STAT. 2681–645 “(ii) Nothing in this subparagraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. “(E) The term ‘United States worker’ means an employee who— “(i) is a citizen or national of the United States; or “(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Attorney General, to be employed.”. "
(2)Conforming amendments.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by striking “a nonimmigrant described in section 101(a)(15)(H)(i)(b)” each place it appears and inserting “an H–1B nonimmigrant”.
(c)Improved Posting of Notice of Application.—Section 212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as follows: " “(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which H–1B nonimmigrants are sought.”. " (d)[8 USC 1182 note](/us/usc/t8/s1182). Effective Dates.—The amendments made by subsection
(a)apply to applications filed under section 212(n)(1) of the Immigration and Nationality Act on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections
(b)and
(c)take effect on the date of the enactment of this Act. (e)[8 USC 1182 note](/us/usc/t8/s1182). Reduction of Period for Public Comment.—In first promulgating regulations to implement the amendments made by this section in a timely manner, the Secretary of Labor and the Attorney General may reduce to not less than 30 days the period of public comment on proposed regulations. SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.
(a)Increased Enforcement and Penalties.—Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C) is amended to read as follows: " “(C)(i) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an application— “(I)Notification. the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and “(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 1 year for aliens to be employed by the employer. “(ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an application, or a violation of clause (iv)—112 STAT. 2681–646 “(I) the Secretary shall notify the Attorney General of suchNotification. finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; and “(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 2 years for aliens to be employed by the employer. “(iii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph
(1)or a willful misrepresentation of material fact in an application, in the course of which failure or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application— “(I) the Secretary shall notify the Attorney General of suchNotification. finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 per violation) as the Secretary determines to be appropriate; and “(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 3 years for aliens to be employed by the employer. “(iv) It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with the requirements of this subsection or any rule or regulation pertaining to this subsection. “(v) The Secretary of Labor and the Attorney General shall devise a process under which an H–1B nonimmigrant who files a complaint regarding a violation of clause
(iv)and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. “(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H–1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law. “(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.112 STAT. 2681–647It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien. “(III) If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigrant cannot be located, requiring payment of any such amount to the general fund of the Treasury. “(vii)(I) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H–1B nonimmigrant designated as a full-time employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status due to a decision by the employer (based on factors such as lack of work), or due to the nonimmigrant’s lack of a permit or license, to fail to pay the nonimmigrant full-time wages in accordance with paragraph (1)(A) for all such nonproductive time. “(II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H–1B nonimmigrant designated as a part-time employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a nonimmigrant for such hours as are designated on such petition consistent with the rate of pay identified on such petition. “(III) In the case of an H–1B nonimmigrant who has not yet entered into employment with an employer who has had approved an application under this subsection, and a petition under section 214(c)(1), with respect to the nonimmigrant, the provisions of subclauses
(I)and
(II)shall apply to the employer beginning 30 days after the date the nonimmigrant first is admitted into the United States pursuant to the petition, or 60 days after the date the nonimmigrant becomes eligible to work for the employer (in the case of a nonimmigrant who is present in the United States on the date of the approval of the petition). “(IV) This clause does not apply to a failure to pay wages to an H–1B nonimmigrant for nonproductive time due to non-work-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work. “(V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to an H–1B nonimmigrant an established salary practice of the employer, under which the employer pays to H–1B nonimmigrants and United States workers in the same occupational classification an annual salary in disbursements over fewer than 12 months, if— “(aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and “(bb) the application of the salary practice to the non-immigrant does not otherwise cause the nonimmigrant to 112 STAT. 2681–648violate any condition of the nonimmigrant’s authorization under this Act to remain in the United States. “(VI) This clause shall not be construed as superseding clause (viii). “(viii) It is a failure to meet a condition of paragraph (1)(A) for an employer who has filed an application under this subsection to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment, benefits and eligibility for benefits (including the opportunity to participate in health, life, disability, and other insurance plans; the opportunity to participate in retirement and savings plans; and cash bonuses and noncash compensation, such as stock options (whether or not based on performance)) on the same basis, and in accordance with the same criteria, as the employer offers to United States workers.”. "
(b)Use of Arbitration Process for Disputes Involving Qualifications of United States Workers Not Hired.—
(1)In general.—Section 212(n) (8 U.S.C. 1182(n)), as amended by section 412(b), is further amended by adding at the end the following: " “(5)(A) This paragraph shall apply instead of subparagraphsApplicability.
(A)through
(E)of paragraph
(2)in the case of a violation described in subparagraph (B), but shall not be construed to limit or affect the authority of the Secretary or the Attorney General with respect to any other violation. “(B) The Attorney General shall establish a process for theEstablishment. receipt, initial review, and disposition in accordance with this paragraph of complaints respecting an employer’s failure to meet the condition of paragraph (1)(G)(i)(II) or a petitioner’s misrepresentation of material facts with respect to such condition. Complaints may be filed by an aggrieved individual who has submitted a resume or otherwise applied in a reasonable manner for the job that is the subject of the condition. No proceeding shall be conducted under this paragraph on a complaint concerning such a failure or misrepresentation unless the Attorney General determines that the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. “(C) If the Attorney General finds that a complaint has been filed in accordance with subparagraph
(B)and there is reasonable cause to believe that such a failure or misrepresentation described in such complaint has occurred, the Attorney General shall initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of such Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings. The Attorney General shall pay the fee and expenses of the arbitrator. “(D)(i) The arbitrator shall make findings respecting whether a failure or misrepresentation described in subparagraph
(B)occurred. If the arbitrator concludes that failure or misrepresentation was willful, the arbitrator shall make a finding to that effect. The arbitrator may not find such a failure or misrepresentation (or that such a failure or misrepresentation was willful) unless the complainant demonstrates such a failure or misrepresentation (or its willful character) by clear and convincing evidence. The arbitrator shall transmit the findings in the form of a written opinion to the parties to the arbitration and the Attorney General. Such findings shall be final and conclusive, and, except as provided 112 STAT. 2681–649in this subparagraph, no official or court of the United States shall have power or jurisdiction to review any such findings. “(ii) The Attorney General may review and reverse or modify the findings of an arbitrator only on the same bases as an award of an arbitrator may be vacated or modified under section 10 or 11 of title 9, United States Code. “(iii) With respect to the findings of an arbitrator, a court may review only the actions of the Attorney General under clause
(ii)and may set aside such actions only on the grounds described in subparagraph (A), (B), or
(C)of section 706(a)(2) of title 5, United States Code. Notwithstanding any other provision of law, such judicial review may only be brought in an appropriate United States court of appeals. “(E) If the Attorney General receives a finding of an arbitrator under this paragraph that an employer has failed to meet the condition of paragraph (1)(G)(i)(II) or has misrepresented a material fact with respect to such condition, unless the Attorney General reverses or modifies the finding under subparagraph (D)(ii)— “(i) the Attorney General may impose administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation or $5,000 per violation in the case of a willful failure or misrepresentation) as the Attorney General determines to be appropriate; and “(ii) the Attorney General is authorized to not approve petitions filed, with respect to that employer and for aliens to be employed by the employer, under section 204 or 214(c)— “(I) during a period of not more than 1 year; or “(II) in the case of a willful failure or willful misrepresentation, during a period of not more than 2 years. “(F) The Attorney General shall not delegate, to any other employee or official of the Department of Justice, any function of the Attorney General under this paragraph, until 60 days after the Attorney General has submitted a plan for such delegation to the Committees on the Judiciary of the United States House of Representatives and the Senate.”. "
(2)Conforming amendment.—The first sentence of section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking “The Secretary” and inserting “Subject to paragraph (5)(A), the Secretary”.
(c)Liability of Petitioning Employer in Case of Placement of H–1B Nonimmigrant With Another Employer.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following: " “(E) If an H–1B-dependent employer places a nonexempt H–1B nonimmigrant with another employer as provided under paragraph (1)(F) and the other employer has displaced or displaces a United States worker employed by such other employer during the period described in such paragraph, such displacement shall be considered for purposes of this paragraph a failure, by the placing employer, to meet a condition specified in an application submitted under paragraph (1); except that the Attorney General may impose a sanction described in subclause
(II)of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of Labor found that such placing employer— “(i) knew or had reason to know of such displacement at the time of the placement of the nonimmigrant with the other employer; or112 STAT. 2681–650 “(ii) has been subject to a sanction under this subparagraph based upon a previous placement of an H–1B nonimmigrant with the same other employer.”. "
(d)Spot Investigations During Probationary Period.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c), is further amended by adding at the end the following: " “(F) The Secretary may, on a case-by-case basis, subject an employer to random investigations for a period of up to 5 years, beginning on the date (on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998) on which the employer is found by the Secretary to have committed a willful failure to meet a condition of paragraph
(1)(or has been found under paragraph
(5)to have committed a willful failure to meet the condition of paragraph (1)(G)(i)(II)) or to have made a willful misrepresentation of material fact in an application. The preceding sentence shall apply to an employer regardless of whether or not the employer is an H–1B-dependent employer. The authority of the Secretary under this subparagraph shall not be construed to be subject to, or limited by, the requirements of subparagraph (A).”. "
(e)Additional Investigative Authority.—
(1)In general.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (d), is further amended by adding at the end the following: " “(G)(i) If the Secretary receives specific credible information from a source, who is likely to have knowledge of an employer’s practices or employment conditions, or an employer’s compliance with the employer’s labor condition application under paragraph (1), and whose identity is known to the Secretary, and such information provides reasonable cause to believe that the employer has committed a willful failure to meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or practice of failures to meet such a condition, or has committed a substantial failure to meet such a condition that affects multiple employees, the Secretary may conduct a 30-day investigation into the alleged failure or failures. The Secretary (or the Acting SecretaryCertification. in the case of the Secretary’s absence or disability) shall personally certify that the requirements for conducting such an investigation have been met and shall approve commencement of the investigation. The Secretary may withhold the identity of the source from the employer, and the source’s identity shall not be subject to disclosure under section 552 of title 5, United States Code. “(ii) The Secretary shall establish a procedure for any person, desiring to provide to the Secretary information described in clause
(i)that may be used, in whole or in part, as the basis for commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person. The person may not be an officer or employee of the Department of Labor, unless the information satisfies the requirement of clause (iii)(II) (although an officer or employee of the Department of Labor may complete the form on behalf of the person). “(iii) Any investigation initiated or approved by the Secretary under clause
(i)shall be based on information that satisfies the requirements of such clause and that
(I)originates from a source other than an officer or employee of the Department of Labor, 112 STAT. 2681–651or
(II)was lawfully obtained by the Secretary of Labor in the course of lawfully conducting another Department of Labor investigation under this Act or any other Act. “(iv) The receipt by the Secretary of information submitted by an employer to the Attorney General or the Secretary for purposes of securing the employment of an H–1B nonimmigrant shall not be considered a receipt of information for purposes of clause (i). “(v) No investigation described in clause
(i)(or hearing described in clause (vii)) may be conducted with respect to information about a failure to meet a condition described in clause (i), unless the Secretary receives the information not later than 12 months after the date of the alleged failure. “(vi)Notice. The Secretary shall provide notice to an employer with respect to whom the Secretary has received information described in clause (i), prior to the commencement of an investigation under such clause, of the receipt of the information and of the potential for an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause. “(vii)Notice. If the Secretary determines under this subparagraph that a reasonable basis exists to make a finding that a failure described in clause
(i)has occurred, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing, in accordance with section 556 of title 5, United States Code, within 60 days after the date of the determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing.”. " (2)[8 USC 1182 note](/us/usc/t8/s1182). Sunset.—The amendment made by paragraph
(1)shall cease to be effective on September 30, 2001.
(f)Construction.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (e), is further amended by adding at the end the following: " “(H) Nothing in this subsection shall be construed as superseding or preempting any other enforcement-related authority under this Act (such as the authorities under section 274B), or any other Act.”. " SEC. 414. COLLECTION AND USE OF H–1B NONIMMIGRANT FEES FOR SCHOLARSHIPS FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER SCIENCE STUDENTS AND JOB TRAINING OF UNITED STATES WORKERS.
(a)Imposition of Fee.—Section 214(c) (8 U.S.C. 1184(c)) is amended by adding at the end the following: " “(9)(A) The Attorney General shall impose a fee on an employer (excluding an employer described in subparagraph
(A)or
(B)of section 212(p)(1)) filing (on or after December 1, 1998, and before October 1, 2001) a petition under paragraph (1)— “(i) initially to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b); 112 STAT. 2681–652 “(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or “(iii) to obtain authorization for an alien having such status to change employers. “(B) The amount of the fee shall be $500 for each such petition. “(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(s).”. "
(b)Establishment of Account; Use of Fees.—Section 286 (8 U.S.C. 1356) is amended by adding at the end the following: " “(s) H–1B Nonimmigrant Petitioner Account.— “(1) In general.—There is established in the general fund of the Treasury a separate account, which shall be known as the ‘H–1B Nonimmigrant Petitioner Account’. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(9). “(2) Use of fees for job training.—56.3 percent of amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998. “(3) Use of fees for low-income scholarship program.—28.2 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended for scholarships described in section 414(d) of the American Competitiveness and Workforce Improvement Act of 1998 for low-income students enrolled in a program of study leading to a degree in mathematics, engineering, or computer science. “(4) Additional nsf uses.— “(A) Grants for mathematics, engineering, or science enrichment courses.—4 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to make merit-reviewed grants, under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)), for programs that provide opportunities for enrollment in year-round academic enrichment courses in mathematics, engineering, or science. “(B) Systemic reform activities.—4 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out systemic reform activities administered by the National Science Foundation under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)). “(5) Use of fees for duties relating to petitions.—1.5 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragraphs
(1)and
(9)of section 214(c) related to petitions made for nonimmigrants described in section 101(a)(15)(H)(i)(b), to decrease the processing time for such petitions, and to carry 112 STAT. 2681–653out duties under section 416 of the American Competitiveness and Workforce Improvement Act of 1998. Such amounts shall be available in addition to any other fees authorized to be collected by the Attorney General with respect to such petitions. “(6) Use of fees for application processing and enforcement.—For fiscal year 1999, 6 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1) and for carrying out section 212(n)(2). Beginning with fiscal year 2000, 3 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1), and 3 percent of such amounts shall remain available to such Secretary until expended for carrying out section 212(n)(2). Notwithstanding the preceding sentence, both of the amounts made available for any fiscal year (beginning with fiscal year 2000) pursuant to the preceding sentence shall be available to such Secretary, and shall remain available until expended, only for decreasing the processing time for applications under section 212(n)(1) until the Secretary submits to the Congress a report containing a certification that, during the most recently concluded calendar year, the Secretary substantially complied with the requirement in section 212(n)(1) relating to the provision of the certification described in section 101(a)(15)(H)(i)(b) within a 7-day period.”. " (c)[29 USC 2916 note](/us/usc/t29/s2916). Demonstration Programs and Projects to Provide Technical Skills Training for Workers.—
(1)In general.—In establishing demonstration programs under section 452(c) of the Job Training Partnership Act (29 U.S.C. 1732(c)), as in effect on the date of the enactment of this Act, or demonstration programs or projects under section 171(b) of the Workforce Investment Act of 1998, the Secretary of Labor shall use funds available under section 286(s)(2) to establish demonstration programs or projects to provide technical skills training for workers, including both employed and unemployed workers.
(2)Grants.—The Secretary of Labor shall award grants to carry out the programs and projects described in paragraph (1)to— (A)(i) private industry councils established under section 102 of the Job Training Partnership Act (29 U.S.C. 1512), as in effect on the date of the enactment of this Act; or
(ii)local boards that will carry out such programs or projects through one-stop delivery systems established under section 121 of the Workforce Investment Act of 1998; or
(B)regional consortia of councils or local boards described in subparagraph (A). (d)[42 USC 1869c](/us/usc/t42/s1869/c). Low-Income Scholarship Program.—
(1)Establishment—The Director of the National Science Foundation (referred to in this subsection as the “Director”) shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or 112 STAT. 2681–654graduate level degrees in mathematics, engineering, or computer science.
(2)Eligibility.—
(A)In general.—To be eligible to receive a scholarship under this subsection, an individual—
(i)must be a citizen of the United States, a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act), an alien admitted as a refugee under section 207 of the Immigration and Nationality, or an alien lawfully admitted to the United States for permanent residence;
(ii)shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and
(iii)shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) in order to pursue an associate, undergraduate, or graduate level degree in mathematics, engineering, or computer science.
(B)Ability.—Awards of scholarships under this subsection shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to grant one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographically wide distribution throughout the United States of recipients’ places of permanent residence.
(3)Limitation.—The amount of a scholarship awarded under this subsection shall be determined by the Director, except that the Director shall not award a scholarship in an amount exceeding $2,500 per year.
(4)Funding.—The Director shall carry out this subsection only with funds made available under section 286(s)(3) of the Immigration and Nationality Act. SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.
(a)In General.—Section 212 (8 U.S.C. 1182) is amended by adding at the end the following: " “(p)(1) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee of— “(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a related or affiliated nonprofit entity; or “(B) a nonprofit research organization or a Governmental research organization, the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment. “(2) With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by professional sports league rules or regulations, the wage set forth 112 STAT. 2681–655in those rules or regulations shall be considered as not adversely affecting the wages of United States workers similarly employed and be considered the prevailing wage.”. " (b)[8 USC 1182 note](/us/usc/t8/s1182). Effective Date.—The amendment made by subsection
(a)applies to prevailing wage computations made—
(1)for applications filed on or after the date of the enactment of this Act; and
(2)for applications filed before such date, but only to the extent that the computation is subject to an administrative or judicial determination that is not final as of such date. SEC. 416.[8 USC 1184 note](/us/usc/t8/s1184). IMPROVING COUNT OF H–1B AND H–2B NONIMMIGRANTS.
(a)Ensuring Accurate Count.—The Attorney General shall take such steps as are necessary to maintain an accurate count of the number of aliens subject to the numerical limitations of section 214(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) who are issued visas or otherwise provided nonimmigrant status.
(b)Revision of Petition Forms.—The Attorney General shall take such steps as are necessary to revise the forms used for petitions for visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that the forms provide the Attorney General with sufficient information to permit the Attorney General accurately to count the number of aliens subject to the numerical limitations of section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who are issued visas or otherwise provided nonimmigrant status.
(c)Provision of Information.—
(1)Quarterly notification.—Beginning not later than 60 days after the first day of fiscal year 1999, the Attorney General shall notify, on a quarterly basis, the Committees on the Judiciary of the United States House of Representatives and the Senate of the numbers of aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the preceding 3-month period.
(2)Annual submission.—Beginning with fiscal year 2000, the Attorney General shall submit on an annual basis, to the Committees on the Judiciary of the United States House of Representatives and the Senate, information on the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during the previous fiscal year. With respect to the first submission under this paragraph, the information shall relate solely to aliens provided nonimmigrant status after the date that is 60 days after the date on which final regulations are issued to carry out section 412(a).
(3)Specification of number of petitions filed by certain employers.—Each notification under paragraph (1), and each submission under paragraph (2), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1) of the Immigration and Nationality Act (as added by section 415 of this title).112 STAT. 2681–656 SEC. 417. REPORT ON OLDER WORKERS IN THE INFORMATION TECHNOLOGY FIELD.[29 USC 2701 note](/us/usc/t29/s2701).
(a)Study.—The Director of the National Science FoundationContracts. shall enter into a contract with the President of the National Academy of Sciences to conduct a study, using the best available data, assessing the status of older workers in the information technology field. The study shall consider the following:
(1)The existence and extent of age discrimination in the information technology workplace.
(2)The extent to which there is a difference, based on age, in—
(A)promotion and advancement;
(B)working hours;
(C)telecommuting;
(D)salary; and
(E)stock options, bonuses, and other benefits.
(3)The relationship between rates of advancement, promotion, and compensation to experience, skill level, education, and age.
(4)Differences in skill level on the basis of age.
(b)Report.—Not later than October 1, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the results of the study described in subsection (a). SEC. 418. REPORT ON HIGH TECHNOLOGY LABOR MARKET NEEDS; REPORTS ON ECONOMIC IMPACT OF INCREASE IN H–1B NONIMMIGRANTS.[29 USC 2701 note](/us/usc/t29/s2701).
(a)National Science Foundation Study and Report.—
(1)In general.—The Director of the National Science Foundation shall conduct a study to assess labor market needs for workers with high technology skills during the next 10 years. The study shall investigate and analyze the following:
(A)Future training and education needs of companies in the high technology and information technology sectors and future training and education needs of United States students to ensure that students’ skills at various levels are matched to the needs in such sectors.
(B)An analysis of progress made by educators, employers, and government entities to improve the teaching and educational level of American students in the fields of math, science, computer science, and engineering since 1998.
(C)An analysis of the number of United States workers currently or projected to work overseas in professional, technical, and managerial capacities.
(D)The relative achievement rates of United States and foreign students in secondary schools in a variety of subjects, including math, science, computer science, English, and history.
(E)The relative performance, by subject area, of United States and foreign students in postsecondary and graduate schools as compared to secondary schools.
(F)The needs of the high technology sector for foreign workers with specific skills and the potential benefits and costs to United States employers, workers, consumers, 112 STAT. 2681–657postsecondary educational institutions, and the United States economy, from the entry of skilled foreign professionals in the fields of science and engineering.
(G)The needs of the high technology sector to adapt products and services for export to particular local markets in foreign countries.
(H)An examination of the amount and trend of moving the production or performance of products and services now occurring in the United States abroad.
(2)Report.—Not later than October 1, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the results of the study described in paragraph (1).
(3)Involvement.—The study under paragraph
(1)shall be conducted in a manner that ensures the participation of individuals representing a variety of points of view. (b)[8 USC 1184 note](/us/usc/t8/s1184). Reporting on Studies Showing Economic Impact of H–1B Nonimmigrant Increase.—The Chairman of the Board of Governors of the Federal Reserve System, the Director of the Office of Management and Budget, the Chair of the Council of Economic Advisers, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Labor, and any other member of the Cabinet, shall promptly report to the Congress the results of any reliable study that suggests, based on legitimate economic analysis, that the increase effected by section 411(a) of this title in the number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has had an impact on any national economic indicator, such as the level of inflation or unemployment, that warrants action by the Congress. SUBTITLE B—SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES SEC. 421. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES.
(a)In General.—Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended—
(1)by striking “or” at the end of subparagraph (J);
(2)by striking the period at the end of subparagraph
(K)and inserting “; or”;, and
(3)by adding at the end the following new subparagraph: " “(L) an immigrant who would be described in clause (i), (ii), (iii), or
(iv)of subparagraph
(I)if any reference in such a clause— “(i) to an international organization described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty Organization (NATO); “(ii) to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO-6 (as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the ‘Protocol on the Status of 112 STAT. 2681–658International Military Headquarters’ set up pursuant to the North Atlantic Treaty, or as a dependent); and “(iii) to the Immigration Technical Corrections Act of 1988 or to the Immigration and Nationality Technical Corrections Act of 1994 were a reference to the American Competitiveness and Workforce Improvement Act of 1998.”. "
(b)Conforming Nonimmigrant Status for Certain Parents of Special Immigrant Children.—Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is amended—
(1)by inserting “(or under analogous authority under paragraph (27)(L))” after “(27)(I)(i)”; and
(2)by inserting “(or under analogous authority under paragraph (27)(L))” after “(27)(I)”. SUBTITLE C—MISCELLANEOUS PROVISION SEC. 431. ACADEMIC HONORARIA.
(a)In General.—Section 212 (8 U.S.C. 1182), as amended by section 415, is further amended by adding at the end the following: " “(q) Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period.”. "
(b)Effective Date.—The amendment made by subsection (a)[8 USC 1182 note](/us/usc/t8/s1182). shall apply to activities occurring on or after the date of the enactment of this Act. TITLE V—SALTON SEA FEASIBILITY STUDY
(a)In General.—No later than January 1, 2000, the Secretary of the Interior, in accordance with this section, shall complete all feasibility studies and cost analyses for the options set forth in subsection (b)(2)(A) necessary for Congress to fully evaluate such options.
(b)Feasibility Study.—
(1)In general.—
(A)The Secretary shall complete all studies, including, but not limited to environmental and other reviews, of the feasibility and benefit-cost of various options that permit the continued use of the Salton Sea as a reservoir for irrigation drainage and
(1)reduce and stabilize the overall salinity of the Salton Sea,
(2)stabilize the surface elevation of the Salton Sea,
(3)reclaim, in the long term, healthy fish and wildlife resources and their habitats, and
(4)enhance the potential for recreational uses and economic development of the Salton Sea.
(B)Based solely on whatever information is available at the time of submission of the report, the Secretary shall
(1)identify any options he deems economically feasible and cost effective,
(2)identify any additional 112 STAT. 2681–659information necessary to develop construction specifications, and
(3)submit any recommendations, along with the results of the study to the Committees no later than January 1, 2000.
(i)The Secretary shall carry out the feasibility study in accordance with a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California.
(ii)The memorandum of understanding shall, at a minimum, establish criteria for evaluation and selection of options under subparagraph (2)(A), including criteria for determining benefits and the magnitude and practicability of costs of construction, operation, and maintenance of each option evaluated.
(2)Options to be considered.—Options considered in the feasibility study—
(A)shall consist of, but need not be limited to—
(i)use of impoundments to segregate a portion of the waters of the Salton Sea in one or more evaporation ponds located in the Salton Sea basin;
(ii)pumping water out of the Salton Sea;
(iii)augmented flows of water into the Salton Sea;
(iv)a combination of the options referred to in clauses (i), (ii), and (iii); and
(v)any other economically feasible remediation option the Secretary considers appropriate and for which feasibility analyses and cost estimates can be completed by January 1, 2000;
(B)shall be limited to proven technologies; and
(C)shall not include any option that—
(i)relies on the importation of any new or additional water from the Colorado River; or
(ii)is inconsistent with the provisions of subsection (c).
(3)Assumptions.—In evaluating options, the Secretary shall apply assumptions regarding water inflows into the Salton Sea Basin that encourage water conservation, account for transfers of water out of the Salton Sea Basin, and are based on a maximum likely reduction in inflows into the Salton Sea Basin which could be 800,000 acre-feet or less per year.
(4)Consideration of costs.—In evaluating the feasibility of options, the Secretary shall consider the ability of Federal, tribal. State and local government sources and private sources to fund capital construction costs and annual operation, maintenance, energy, and replacement costs and shall set forth the basis for any cost sharing allocations as well as anticipated repayment, if any, of federal contributions.
(c)Relationship to Other Law.—
(1)Reclamation laws.—Activities authorized by this title shall not be subject to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 391 et seq.), and Acts amendatory thereof and supplemental thereto. Amounts expended for those activities shall be considered nonreimbursable for purposes of those laws and shall not be considered to be a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).112 STAT. 2681–660
(2)Preservation of rights and obligations with respect to the colorado river.—This Act shall not be considered to supersede or otherwise affect any treaty, law, decree, contract, or agreement governing use of water from the Colorado River. All activities taken under this Act must be carried out in a manner consistent with rights and obligations of persons under those treaties, laws, decrees, contracts, and agreements. TITLE VI—CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION SEC. 601. DEFINITIONS. In this title, the following definitions apply:
(1)Restoration.—The term “restoration” means mitigation of the habitat of wildlife.
(2)Terrestrial wildlife habitat.—The term “terrestrial wildlife habitat” means a habitat for a wildlife species (including game and nongame species) that existed or exists on an upland habitat (including a prairie grassland, woodland, bottom land forest, scrub, or shrub) or an emergent wetland habitat.
(3)Wildlife.—The term “wildlife” has the meaning given the term in section 8 of the Fish and Wildlife Coordination Act (16 U.S.C. 666b). SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a)Terrestrial Wildlife Habitat Restoration Plans.—
(1)In general.—In accordance with this subsection and in consultation with the Secretary and the Secretary of the Interior, the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe shall, as a condition of the receipt of funds under this title, each develop a plan for the restoration of terrestrial wildlife habitat loss that occurred as a result of flooding related to the Big Bend and Oahe projects carried out as part of the Pick-Sloan Missouri River Basin program.
(2)Submission of plan to secretary.—On completion of a plan for terrestrial wildlife habitat restoration, the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe shall submit the plan to the Secretary.
(3)Review by secretary and submission to committees.—The Secretary shall review the plan and submit the plan, with any comments, to the appropriate committees of the Senate and the House of Representatives.
(4)Funding for carrying out plans.—
(A)State of south dakota.—
(i)Notification.—On receipt of the plan for terrestrial wildlife habitat restoration submitted by the State of South Dakota, each of the Committees referred to in paragraph
(3)shall notify the Secretary of the Treasury of the receipt of the plan.
(ii)Availability of funds.—On notification in accordance with clause (i), the Secretary of the Treasury shall make available to the State of South Dakota funds from the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund established under section 112 STAT. 2681–661803, to be used to carry out the plan for terrestrial wildlife habitat restoration submitted by the State and only after the Trust Fund is fully capitalized.
(B)Cheyenne river sioux tribe and lower brule sioux tribe.—
(i)Notification.—On receipt of the plan for terrestrial wildlife habitat restoration submitted by the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, each of the Committees referred to in paragraph
(3)shall notify the Secretary of the Treasury of the receipt of each of the plans.
(ii)Availability of funds.—On notification in accordance with clause (i), the Secretary of the Treasury shall make available to the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe funds from the Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund, respectively, established under section 804, to be used to carry out the plan for terrestrial wildlife habitat restoration submitted by the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, respectively, and only after the Trust Fund is fully capitalized.
(C)Transition period.—
(i)In general.—During the period described in clause (ii), the Secretary shall—
(I)fund the terrestrial wildlife habitat restoration programs being carried out on the date of enactment of this Act on Oahe and Big Bend project land and the plans established under this section at a level that does not exceed the highest amount of funding that was provided for the programs during a previous fiscal year; and
(II)fund the activities described in sections 803(d)(3) and 804(d)(3).
(ii)Period.—Clause
(i)shall apply during the period—
(I)beginning on the date of enactment of this Act; and
(II)ending on the date on which funds are made available for use from the South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund under section 803(d)(3)(A)(i) and the Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund under section 804(d)(3)(A)(i).
(b)Programs for The Purchase of Wildlife Habitat Leases.—
(1)In general.—The State of South Dakota may use funds made available under section 803(d)(3)(A)(iii) to develop a program for the purchase of wildlife habitat leases that meets the requirements of this subsection.
(2)Development of a plan.—
(A)In general.—If the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux 112 STAT. 2681–662Tribe elects to conduct a program under this subsection, the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe (in consultation with the United States Fish and Wildlife Service and the Secretary and with an opportunity for public comment) shall develop a plan to lease land for the protection and development of wildlife habitat, including habitat for threatened and endangered species, associated with the Missouri River ecosystem.
(B)Use for program.—The plan shall be used by the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe in carrying out the program carried out under paragraph (1).
(3)Conditions of leases.—Each lease covered under a program carried out under paragraph
(1)shall specify that the owner of the property that is subject to the lease shall provide—
(A)public access for sportsmen during hunting season; and
(B)public access for other outdoor uses covered under the lease, as negotiated by the landowner and the State of South Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule Sioux Tribe.
(4)Use of assistance.—
(A)State of south dakota.—If the State of South Dakota conducts a program under this subsection, the State may use funds made available under section 803(d)(3)(A)(iii) to—
(i)acquire easements, rights-of-way, or leases for management and protection of wildlife habitat, including habitat for threatened and endangered species, and public access to wildlife on private property in the State of South Dakota;
(ii)create public access to Federal or State land through the purchase of easements or rights-of-way that traverse such private property; or
(iii)lease land for the creation or restoration of a wetland on such private property.
(B)Cheyenne river sioux tribe and lower brule sioux tribe.—If the Cheyenne River Sioux Tribe or the Lower Brule Sioux Tribe conducts a program under this subsection, the Tribe may use funds made available under section 804(d)(3)(A)(iii) for the purposes described in subparagraph (A).
(c)Federal Obligation for Terrestrial Wildlife Habitat Mitigation for the Big Bend and Oahe Projects in South Dakota.—The establishment of the trust funds under sections 803 and 804 and the development and implementation of plans for terrestrial wildlife habitat restoration developed by the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe in accordance with this section shall be considered to satisfy the Federal obligation under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife habitat mitigation for the State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe projects carried out as part of the Pick-Sloan Missouri River Basin program112 STAT. 2681–663 SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUND.
(a)Establishment.—There is established in the Treasury of the United States a fund to be known as the “South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund” (referred to in this section as the “Fund”).
(b)Funding.—For the fiscal year during which this Act is enacted and each fiscal year thereafter until the aggregate amount deposited in the Fund under this subsection is equal to at least $108,000,000, the Secretary of the Treasury shall deposit $10,000,000 in the Fund.
(c)Investments.—The Secretary of the Treasury shall invest the amounts deposited under subsection
(b)only in interest-bearing obligations of the United States or in obligations guaranteed by the United States as to both principal and interest.
(d)Payments.—
(1)In general.—All amounts credited as interest under subsection
(c)shall be available, without fiscal year limitation, to the State of South Dakota for use in accordance with paragraph
(3)after the Fund has been fully capitalized.
(2)Withdrawal and transfer of funds.—Subject to section 802(a)(4)(A), the Secretary of the Treasury shall withdraw amounts credited as interest under paragraph
(1)and transfer the amounts to the State of South Dakota for use as State funds in accordance with paragraph
(3)after the Fund has been fully capitalized.
(3)Use of transferred funds.—
(A)In general.—Subject to subparagraph (B), the State of South Dakota shall use the amounts transferred under paragraph
(2)only to—
(i)fully fund the annually scheduled work described in the terrestrial wildlife habitat restoration plan of the State developed under section 802(a); and
(ii)with any remaining funds—
(I)protect archaeological, historical, and cultural sites located along the Missouri River on land transferred to the State;
(II)fund all costs associated with the ownership, management, operation, administration, maintenance, and development of recreation areas and other lands that are transferred to the State of South Dakota by the Secretary;
(III)purchase and administer wildlife habitat leases under section 802(b);
(IV)carry out other activities described in section 802; and
(V)develop and maintain public access to, and protect, wildlife habitat and recreation areas along the Missouri River.
(B)Prohibition.—The amounts transferred under paragraph
(2)shall not be used for the purchase of land in fee title.
(e)Transfers and Withdrawals.—Except as provided in subsection (d), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b).112 STAT. 2681–664
(f)Administrative Expenses.—There are authorized to be appropriated to the Secretary of the Treasury such sums as are necessary to pay the administrative expenses of the Fund. SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.
(a)Establishment.—There are established in the Treasury of the United States 2 funds to be known as the “Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration Trust Fund” and the “Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund” (each of which is referred to in this section as a “Fund”).
(b)Funding.—
(1)In general.—Subject to paragraph (2), for the fiscal year during which this Act is enacted and each fiscal year thereafter until the aggregate amount deposited in the Funds under this subsection is equal to at least $57,400,000, the Secretary of the Treasury shall deposit $5,000,000 in the Funds.
(2)Allocation.—Of the total amount of funds deposited into the Funds for a fiscal year, the Secretary of the Treasury shall deposit—
(A)74 percent of the funds into the Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration Trust Fund; and
(B)26 percent of the funds into the Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund.
(c)Investments.—The Secretary of the Treasury shall invest the amounts deposited under subsection
(b)only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(d)Payments.—
(1)In general.—All amounts credited as interest under subsection
(c)shall be available after the Trust Funds are fully capitalized, without fiscal year limitation, to the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for their use in accordance with paragraph (3).
(2)Withdrawal and transfer of funds.—Subject to section 802(a)(4)(B), the Secretary of the Treasury shall withdraw amounts credited as interest under paragraph
(1)and transfer the amounts to the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for use in accordance with paragraph (3).
(3)Use of transferred funds.—
(A)In general.—Subject to subparagraph (B), the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall use the amounts transferred under paragraph
(2)only to—
(i)fully fund the annually scheduled work described in the terrestrial wildlife habitat restoration plan of the respective Tribe developed under section 802(a); and
(ii)with any remaining funds—
(I)protect archaeological, historical, and cultural sites located along the Missouri River on land transferred to the respective Tribe;
(II)fund all costs associated with the ownership, management, operation, administration, 112 STAT. 2681–665maintenance, and development of recreation areas and other lands that are transferred to the respective Tribe by the Secretary;
(III)purchase and administer wildlife habitat leases under section 802(b);
(IV)carry out other activities described in section 802; and
(V)develop and maintain public access to, and protect, wildlife habitat and recreation areas along the Missouri River.
(B)Prohibition.—The amounts transferred under paragraph
(2)shall not be used for the purchase of land in fee title.
(e)Transfers and Withdrawals.—Except as provided in subsection (d), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b).
(f)Administrative Expenses.—There are authorized to be appropriated to the Secretary of the Treasury such sums as are necessary to pay the administrative expenses of the Fund. SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.
(a)In General.—
(1)Transfer.—
(A)In general.—The Secretary shall transfer to the Department of Game, Fish and Parks of the State of South Dakota (referred to in this section as the “Department”) the land and recreation areas described in subsections
(b)and
(c)for fish and wildlife purposes, or public recreation uses, in perpetuity.
(B)Permits, rights-of-way, and easements.—All permits, rights-of-way, and easements granted by the Secretary to the Oglala Sioux Tribe for land on the west side of the Missouri River between the Oahe Dam and Highway 14, and all permits, rights-of-way, and easements on any other land administered by the Secretary and used by the Oglala Sioux Rural Water Supply System, are granted to the Oglala Sioux Tribe in perpetuity to be held in trust under section 3(e) of the Mni Wiconi Project Act of 1988(102 Stat. 2568).
(2)Uses.—The Department shall maintain and develop the land outside the recreation areas for fish and wildlife purposes in accordance with—
(A)fish and wildlife purposes in effect on the date of enactment of this Act; or
(B)a plan developed under section 802.
(3)Corps of engineers.—The transfer shall not interfere with the Corps of Engineers operation of a project under this section for an authorized purpose of the project under the Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.), or other applicable law.
(4)Secretary.—The Secretary shall retain the right to inundate with water the land transferred to the Department under this section or draw down a project reservoir, as necessary to carry out an authorized purpose of a project.
(b)Land Transferred.—The land described in this subsection is land that—112 STAT. 2681–666
(1)is located above the top of the exclusive flood pool of the Oahe, Big Bend, Fort Randall, and Gavin’s Point projects of the Pick-Sloan Missouri River Basin program;
(2)was acquired by the Secretary for the implementation of the Pick-Sloan Missouri River Basin program;
(3)is located outside the external boundaries of a reservation of an Indian Tribe; and
(4)is located within the State of South Dakota.
(c)Recreation Areas Transferred.—A recreation area described in this section includes the land and waters within a recreation area that—
(1)the Secretary determines, at the time of the transfer, is a recreation area classified for recreation use by the Corps of Engineers on the date of enactment of this Act;
(2)is located outside the external boundaries of a reservation of an Indian Tribe;
(3)is located within the State of South Dakota;
(4)is not the recreation area known as “Cottonwood”, “Training Dike”, or “Tailwaters”; and
(5)is located below Gavin’s Point Dam in the State of South Dakota in accordance with boundary agreements and reciprocal fishing agreements between the State of South Dakota and the State of Nebraska in effect on the date of enactment of this Act, which agreements shall continue to be honored by the State of South Dakota as the agreements apply to any land or recreation areas transferred under this title to the State of South Dakota below Gavin’s Point Dam and on the waters of the Missouri River.
(d)Map.—
(1)In general.—The Secretary, in consultation with the Department, shall prepare a map of the land and recreation areas transferred under this section.
(2)Land.—The map shall identify—
(A)land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and
(B)dams and related structures; which shall be retained by the Secretary.
(3)Availability.—The map shall be on file in the appropriate offices of the Secretary.
(e)Schedule for Transfer.—
(1)In general.—Not later than 1 year after the date of enactment of this Act, the Secretary of the Army and the Secretary of the Department shall jointly develop a schedule for transferring the land and recreation areas under this section.
(2)Transfer deadline.—All land and recreation areas shall be transferred not later than 1 year after the full capitalization of the Trust Fund described in section 803.
(f)Transfer Conditions.—The land and recreation areas described in subsections
(b)and
(c)shall be transferred in fee title to the Department on the following conditions:
(1)Responsibility for damage.—The Secretary shall not be responsible for any damage to the land caused by flooding, sloughing, erosion, or other changes to the land caused by the operation of any project of the Pick-Sloan Missouri River Basin program (except as otherwise provided by Federal law).112 STAT. 2681–667
(2)Easements, rights-of-way, leases, and cost-sharing agreements.—The Department shall maintain all easements, rights-of-way, leases, and cost-sharing agreements that are in effect as of the date of the transfer.
(g)Hunting and Fishing.—
(1)In general.—Nothing in this title affects jurisdiction over the land and water below the exclusive flood pool of the Missouri River within the State of South Dakota, including affected Indian reservations. The State of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe shall continue in perpetuity to exercise the jurisdiction the State and Tribes possess on the date of enactment of this Act.
(2)No effect on respective jurisdictions.—The Secretary may not adopt any regulation or otherwise affect the respective jurisdictions of the State of South Dakota, the Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe described in paragraph (1).
(h)Applicability of Law.—Notwithstanding any other provision of this Act, the following provisions of law shall apply to land transferred under this section:
(1)The National Historic Preservation Act (16 U.S.C. 470 et seq.), including sections 106 and 304 of that Act (16 U.S.C. 470f, 470w–3).
(2)The Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
(3)The Native American Graves Protection Act and Repatriation Act (25 U.S.C. 3001 et seq.), including subsections
(a)and
(d)of section 3 of that Act (25 U.S.C. 3003). SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.
(a)In General.—
(1)Transfer.—The Secretary of the Army shall transfer to the Secretary of the Interior the land and recreation areas described in subsections
(b)and (c).
(2)Corps of engineers.—The transfer shall not interfere with the Corps of Engineers operation of a project under this section for an authorized purpose of the project under the Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.), or other applicable law.
(3)Secretary of the army.—The Secretary of the Army shall retain the right to inundate with water the land transferred to the Secretary of the Interior under this section or draw down a project reservoir, as necessary to carry out an authorized purpose of a project.
(4)Trust.—The Secretary of the Interior shall hold in trust for the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe the land transferred under this section that is located within the external boundaries of the reservation of the Indian Tribes.
(b)Land Transferred.—The land described in this subsection is land that—
(1)is located above the top of the exclusive flood pool of the Big Bend and Oahe projects of the Pick-Sloan Missouri River Basin program;112 STAT. 2681–668
(2)was acquired by the Secretary of the Army for the implementation of the Pick-Sloan Missouri River Basin program; and
(3)is located within the external boundaries of the reservation of the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe.
(c)Recreation Areas Transferred.—A recreation area described in this section includes the land and waters within a recreation area that—
(1)the Secretary determines, at the time of the transfer, is a recreation area classified for recreation use by the Corps of Engineers on the date of enactment of this Act;
(2)is located within the external boundaries of a reservation of an Indian Tribe; and
(3)is located within the State of South Dakota.
(d)Map.—
(1)In general.—The Secretary, in consultation with the governing bodies of the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, shall prepare a map of the land transferred under this section.
(2)Land.—The map shall identify—
(A)land reasonably expected to be required for project purposes during the 20-year period beginning on the date of enactment of this Act; and
(B)dams and related structures; which shall be retained by the Secretary.
(3)Availability.—The map shall be on file in the appropriate offices of the Secretary.
(e)Schedule for Transfer.—
(1)In general.—Not later than 1 year after the date of enactment of this Act, the Secretary and the Chairmen of the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall jointly develop a schedule for transferring the land and recreation areas under this section.
(2)Transfer deadline.—All land and recreation areas shall be transferred not later than 1 year after the full capitalization of the State and tribal Trust Fund described in section 804.
(f)Transfer Conditions.—The land and recreation areas described in subsections
(b)and
(c)shall be transferred to, and held in trust by, the Secretary of the Interior on the following conditions:
(1)Responsibility for Damage.—The Secretary shall not be responsible for any damage to the land caused by flooding, sloughing, erosion, or other changes to the land caused by the operation of any project of the Pick-Sloan Missouri River Basin program (except as otherwise provided by Federal law).
(2)Hunting and fishing.—Nothing in this title affects jurisdiction over the land and waters below the exclusive flood pool and within the external boundaries of the Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe reservations. The State of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe shall continue to exercise, in perpetuity, the jurisdiction they possess on the date of enactment of this Act with regard to those lands and waters. The Secretary may not adopt any regulation or otherwise affect the respective jurisdictions of the State of South Dakota, the 112 STAT. 2681–669Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe described in the preceding sentence. Jurisdiction over the land transferred under this section shall be the same as that over other land held in trust by the Secretary of the Interior on the Cheyenne River Sioux Tribe reservation and the Lower Brule Sioux Tribe reservation.
(3)Easements, rights-of-way, leases, and cost-sharing agreements.—
(A)Maintenance.—The Secretary of the Interior shall maintain all easements, rights-of-way, leases, and costsharing agreements that are in effect as of the date of the transfer.
(B)Payments to county.—The Secretary of the Interior shall pay any affected county 100 percent of the receipts from the easements, rights-of-way, leases, and costsharing agreements described in subparagraph (A). SEC. 607. ADMINISTRATION.
(a)In General.—Nothing in this title diminishes or affects—
(1)any water right of an Indian Tribe;
(2)any other right of an Indian Tribe, except as specifically provided in another provision of this title;
(3)any treaty right that is in effect on the date of enactment of this Act;
(4)any external boundary of an Indian reservation of an Indian Tribe;
(5)any authority of the State of South Dakota that relates to the protection, regulation, or management of fish, terrestrial wildlife, and cultural and archaeological resources, except as specifically provided in this title; or
(6)any authority of the Secretary, the Secretary of the Interior, or the head of any other Federal agency under a law in effect on the date of enactment of this Act, including—
(A)the National Historic Preservation Act (16 U.S.C. 470 et seq.);
(B)the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
(C)the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
(D)the Act entitled “An Act for the protection of the bald eagle”, approved June 8, 1940 (16 U.S.C. 668 et seq.);
(E)the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(F)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(G)the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(H)the Federal Water Pollution Control Act (commonly known as the “Clean Water Act”) (33 U.S.C. 1251 et seq.);
(I)the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and
(J)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b)Federal Liability for Damage.—Nothing in this title relieves the Federal Government of liability for damage to private land caused by the operation of the Pick-Sloan Missouri River Basin program.112 STAT. 2681–670
(c)Flood Control.—Notwithstanding any other provision of this title, the Secretary shall retain the authority to operate the Pick-Sloan Missouri River Basin program for purposes of meeting the requirements of the Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.). SEC. 608. STUDY.
(a)In General.—Not later than 1 year after the date of enactment of this Act, the Secretary shall arrange for the United States Geological Survey, in consultation with the Bureau of Indian Affairs and other appropriate Federal agencies, to conduct a comprehensive study of the potential impacts of the transfer of land under sections 805(b) and 806(b), including potential impacts on South Dakota Sioux Tribes having water claims within the Missouri River Basin, on water flows in the Missouri River.
(b)No Transfer Pending Determination.—No transfer of land under section 805(b) or 806(b) shall occur until the Secretary determines, based on the study, that the transfer of land under either section will not significantly reduce the amount of water flow to the downstream States of the Missouri River. SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a)Secretary.—There are authorized to be appropriated to the Secretary such sums as are necessary—
(1)to pay the administrative expenses incurred by the Secretary in carrying out this title; and
(2)to fund the implementation of terrestrial wildlife habitat restoration plans under section 802(a) and other activities under sections 803(d)(3) and 804(d)(3).
(b)Secretary of the Interior.—There are authorized to be appropriated to the Secretary of the Interior such sums as are necessary to pay the administrative expenses incurred by the Secretary of the Interior in carrying out this title. TITLE VII—OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATIONOffice of National Drug Control Policy Reauthorization Act of 1998 SEC. 701. SHORT TITLE. This title may be cited as the “Office of National Drug Control 21 USC 1701 Policy Reauthorization Act of 1998”.21 USC 1701 note. SEC. 702. DEFINITIONS.[21 USC 1701](/us/usc/t21/s1701). In this title:
(1)Demand reduction.—The term “demand reduction” means any activity conducted by a National Drug Control Program agency, other than an enforcement activity, that is intended to reduce the use of drugs, including—
(A)drug abuse education;
(B)drug abuse prevention;
(C)drug abuse treatment;
(D)drug abuse research;
(E)drug abuse rehabilitation;
(F)drug-free workplace programs; and
(G)drug testing.
(2)Director.—The term “Director” means the Director of National Drug Control Policy.112 STAT. 2681–671
(3)Drug.—The term “drug” has the meaning given the term “controlled substance” in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
(4)Drug control.—The term “drug control” means any activity conducted by a National Drug Control Program agency involving supply reduction or demand reduction.
(5)Fund.—The term “Fund” means the fund established under section 703(d).
(6)National drug control program.—The term “National Drug Control Program” means programs, policies, and activities undertaken by National Drug Control Program agencies pursuant to the responsibilities of such agencies under the National Drug Control Strategy.
(7)National drug control program agency.—The term “National Drug Control Program agency” means any agency that is responsible for implementing any aspect of the National Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives funds for drug control activity solely under the National Foreign Intelligence Program, the Joint Military Intelligence Program or Tactical Intelligence and Related Activities, unless such agency has been designated—
(A)by the President; or
(B)jointly by the Director and the head of the agency.
(8)National drug control strategy.—The term “National Drug Control Strategy” means the strategy developed and submitted to Congress under section 706.
(9)Office.—Unless the context clearly implicates otherwise, the term “Office” means the Office of National Drug Control Policy established under section 703(a).
(10)State and local affairs.—The term “State and local affairs” means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of drugs, including—
(A)coordination and facilitation of Federal, State, and local law enforcement drug control efforts;
(B)promotion of coordination and cooperation among the drug supply reduction and demand reduction agencies of the various States, territories, and units of local government; and
(C)such other cooperative governmental activities which promote a comprehensive approach to drug control at the national, State, territory, and local levels.
(11)Supply reduction.—The term “supply reduction” means any activity of a program conducted by a National Drug Control Program agency that is intended to reduce the availability or use of drugs in the United States and abroad, including—
(A)international drug control;
(B)foreign and domestic drug intelligence;
(C)interdiction; and
(D)domestic drug law enforcement, including law enforcement directed at drug users.112 STAT. 2681–672 SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.[21 USC 1702](/us/usc/t21/s1702).
(a)Establishment of Office.—There is established in the Executive Office of the President an Office of National Drug Control Policy, which shall—
(1)develop national drug control policy;
(2)coordinate and oversee the implementation of that national drug control policy;
(3)assess and certify the adequacy of national drug control programs and the budget for those programs; and
(4)evaluate the effectiveness of the national drug control programs.
(b)Director and Deputy Directors.—
(1)Director.—There shall be at the head of the Office a Director of National Drug Control Policy.
(2)Deputy Director of National Drug Control Policy.—There shall be in the Office a Deputy Director of National Drug Control Policy, who shall assist the Director in carrying out the responsibilities of the Director under this title.
(3)Other deputy directors.—There shall be in the Office—
(A)a Deputy Director for Demand Reduction, who shall be responsible for the activities described in subparagraphs
(A)through
(G)of section 702(1);
(B)a Deputy Director for Supply Reduction, who shall be responsible for the activities described in subparagraphs
(A)through
(C)of section 702(11); and
(C)a Deputy Director for State and Local Affairs, who shall be responsible for the activities described in subparagraphs
(A)through
(C)of section 702(10) and subparagraph
(D)of section 702(11).
(c)Access by Congress.—The location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of the House of Representatives or the Senate, to any—
(1)information, document, or study in the possession of, or conducted by or at the direction of the Director; or
(2)personnel of the Office.
(d)Office of National Drug Control Policy Gift Fund.—
(1)Establishment.—There is established in the Treasury of the United States a fund for the receipt of gifts, both real and personal, for the purpose of aiding or facilitating the work of the Office under section 704(c).
(2)Contributions.—The Office may accept, hold, and administer contributions to the Fund.
(3)Use of Amounts Deposited.—Amounts deposited in the Fund are authorized to be appropriated, to remain available until expended for authorized purposes at the discretion of the Director. SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.[21 USC 1703](/us/usc/t21/s1703).
(a)Appointment.—
(1)In general.—The Director, the Deputy Director of National Drug Control Policy, the Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs, shall each be appointed by the President, by and with the advice and consent 112 STAT. 2681–673of the Senate, and shall serve at the pleasure of the President. In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.
(2)Duties of deputy director of national drug control policy.—The Deputy Director of National Drug Control Policy shall—
(A)carry out the duties and powers prescribed by the Director; and
(B)serve as the Director in the absence of the Director or during any period in which the office of the Director is vacant.
(3)Designation of other officers.—In the absence of the Deputy Director, or if the Office of the Deputy Director is vacant, the Director shall designate such other permanent employee of the Office to serve as the Director, if the Director is absent or unable to serve.
(4)Prohibition.—No person shall serve as Director or a Deputy Director while serving in any other position in the Federal Government.
(5)Prohibition on Political Campaigning.—Any officer or employee of the Office who is appointed to that position by the President, by and with the advice and consent of the Senate, may not participate in Federal election campaign activities, except that such official is not prohibited by this paragraph from making contributions to individual candidates.
(b)Responsibilities.—The Director—
(1)shall assist the President in the establishment of policies, goals, objectives, and priorities for the National Drug Control Program;
(2)shall promulgate the National Drug Control Strategy under section 706(a) and each report under section 706(b) in accordance with section 706;
(3)shall coordinate and oversee the implementation by the National Drug Control Program agencies of the policies, goals, objectives, and priorities established under paragraph
(1)and the fulfillment of the responsibilities of such agencies under the National Drug Control Strategy and make recommendations to National Drug Control Program agency heads with respect to implementation of Federal counter-drug programs;
(4)shall make such recommendations to the President as the Director determines are appropriate regarding changes in the organization, management, and budgets of Federal departments and agencies engaged in drug enforcement, and changes in the allocation of personnel to and within those departments and agencies, to implement the policies, goals, priorities, and objectives established under paragraph
(1)and the National Drug Control Strategy;
(5)shall consult with and assist State and local governments with respect to the formulation and implementation of National Drug Control Policy and their relations with the National Drug Control Program agencies;112 STAT. 2681–674
(6)shall appear before duly constituted committees and subcommittees of the House of Representatives and of the Senate to represent the drug policies of the executive branch;
(7)shall notify any National Drug Control Program agency if its policies are not in compliance with the responsibilities of the agency under the National Drug Control Strategy, transmit a copy of each such notification to the President, and maintain a copy of each such notification;
(8)shall provide, by July 1 of each year, budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President under the National Drug Control Strategy, to the heads of departments and agencies with responsibilities under the National Drug Control Program, which recommendations shall—
(A)apply to the next budget year scheduled for formulation under the Budget and Accounting Act of 1921, and each of the 4 subsequent fiscal years; and
(B)address funding priorities developed in the National Drug Control Strategy;
(9)may serve as representative of the President in appearing before Congress on all issues relating to the National Drug Control Program;
(10)shall, in any matter affecting national security interests, work in conjunction with the Assistant to the President for National Security Affairs;
(11)may serve as spokesperson of the Administration on drug issues;
(12)shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that—
(A)is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and
(B)has not been approved for use for medical purposes by the Food and Drug Administration;
(13)shall require each National Drug Control Program agency to submit to the Director on an annual basis (beginning in 1999) an evaluation of progress by the agency with respect to drug control program goals using the performance measures for the agency developed under section 706(c), including progress with respect to—
(A)success in reducing domestic and foreign sources of illegal drugs;
(B)success in protecting the borders of the United States (and in particular the Southwestern border of the United States) from penetration by illegal narcotics;
(C)success in reducing violent crime associated with drug use in the United States;
(D)success in reducing the negative health and social consequences of drug use in the United States; and
(E)implementation of drug treatment and prevention programs in the United States and improvements in the adequacy and effectiveness of such programs;112 STAT. 2681–675
(14)shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of—
(A)each of the evaluations received by the Director under paragraph (13); and
(B)the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 706(c); and
(15)shall ensure that drug prevention and drug treatment research and information is effectively disseminated by National Drug Control Program agencies to State and local governments and nongovernmental entities involved in demand reduction by—
(A)encouraging formal consultation between any such agency that conducts or sponsors research, and any such agency that disseminates information in developing research and information product development agendas;
(B)encouraging such agencies (as appropriate) to develop and implement dissemination plans that specifically target State and local governments and nongovernmental entities involved in demand reduction; and
(C)developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction.
(c)National Drug Control Program Budget.—
(1)Responsibilities of national drug control program agencies.—
(A)In general.—For each fiscal year, the head of each department, agency, or program of the Federal Government with responsibilities under the National Drug Control Program Strategy shall transmit to the Director a copy of the proposed drug control budget request of the department, agency, or program at the same time as that budget request is submitted to their superiors (and before submission to the Office of Management and Budget) in the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code.
(B)Submission of Drug Control Budget Requests.—The head of each National Drug Control Program agency shall ensure timely development and submission to the Director of each proposed drug control budget request transmitted pursuant to this paragraph, in such format as may be designated by the Director with the concurrence of the Director of the Office of Management and Budget.
(2)National drug control program budget proposal.—For each fiscal year, following the transmission of proposed drug control budget requests to the Director under paragraph (1), the Director shall, in consultation with the head of each National Drug Control Program agency—
(A)develop a consolidated National Drug Control Program budget proposal designed to implement the National Drug Control Strategy;112 STAT. 2681–676
(B)submit the consolidated budget proposal to the President; and
(C)after submission under subparagraph (B), submit the consolidated budget proposal to Congress.
(3)Review and certification of budget requests and budget submissions of national drug control program agencies.—
(A)In general.—The Director shall review each drug control budget request submitted to the Director under paragraph (1).
(B)Review of budget requests.—
(i)Inadequate requests.—If the Director concludes that a budget request submitted under paragraph
(1)is inadequate, in whole or in part, to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written description of funding levels and specific initiatives that would, in the determination of the Director, make the request adequate to implement those objectives.
(ii)Adequate requests.—If the Director concludes that a budget request submitted under paragraph
(1)is adequate to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written statement confirming the adequacy of the request.
(iii)Record.—The Director shall maintain a record of each description submitted under clause
(i)and each statement submitted under clause (ii).
(C)Agency response.—
(i)In general.—The head of a National Drug Control Program agency that receives a description under subparagraph (B)(i) shall include the funding levels and initiatives described by the Director in the budget submission for that agency to the Office of Management and Budget.
(ii)Impact statement.—The head of a National Drug Control Program agency that has altered its budget submission under this subparagraph shall include as an appendix to the budget submission for that agency to the Office of Management and Budget an impact statement that summarizes—
(I)the changes made to the budget under this subparagraph; and
(II)the impact of those changes on the ability of that agency to perform its other responsibilities, including any impact on specific missions or programs of the agency.
(iii)Congressional notification.—The head of a National Drug Control Program agency shall submit a copy of any impact statement under clause
(ii)to the Senate and the House of Representatives at the 112 STAT. 2681–677time the budget for that agency is submitted to Congress under section 1105(a) of title 31, United States Code.
(D)Certification of budget submissions.—
(i)In general.—At the time a National Drug Control Program agency submits its budget request to the Office of Management and Budget, the head of the National Drug Control Program agency shall submit a copy of the budget request to the Director.
(ii)Certification.—The Director—
(I)shall review each budget submission submitted under clause (i); and
(II)based on the review under subclause (I), if the Director concludes that the budget submission of a National Drug Control Program agency does not include the funding levels and initiatives described under subparagraph (B)—
(aa)may issue a written decertification of that agency’s budget; and
(bb)in the case of a decertification issued under item (aa), shall submit to the Senate and the House of Representatives a copy of—
(aaa)the decertification issued under item (aa);
(bbb)the description made under subparagraph (B); and
(ccc)the budget recommendations made under subsection (b)(8).
(4)Reprogramming and transfer requests.—
(A)In general.—No National Drug Control Program agency shall submit to Congress a reprogramming or transfer request with respect to any amount of appropriated funds in an amount exceeding $5,000,000 that is included in the National Drug Control Program budget unless the request has been approved by the Director.
(B)Appeal.—The head of any National Drug Control Program agency may appeal to the President any disapproval by the Director of a reprogramming or transfer request under this paragraph.
(d)Powers of the Director.—In carrying out subsection (b), the Director may—
(1)select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office under this title;
(2)subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Government to place department, agency, or program personnel who are engaged in drug control activities on temporary detail to another department, agency, or program in order to implement the National Drug Control Strategy, and the head of the department or agency shall comply with such a request;
(3)use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;
(4)procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of 112 STAT. 2681–678compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of title 5, United States Code;
(5)accept and use gifts and donations of property from Federal, State, and local government agencies, and from the private sector, as authorized in section 703(d);
(6)use the mails in the same manner as any other department or agency of the executive branch;
(7)monitor implementation of the National Drug Control Program, including—
(A)conducting program and performance audits and evaluations; and
(B)requesting assistance from the Inspector General of the relevant agency in such audits and evaluations;
(8)transfer funds made available to a National Drug Control Program agency for National Drug Control Strategy programs and activities to another account within such agency or to another National Drug Control Program agency for National Drug Control Strategy programs and activities, except that—
(A)the authority under this paragraph may be limited in an annual appropriations Act or other provision of Federal law;
(B)the Director may exercise the authority under this paragraph only with the concurrence of the head of each affected agency;
(C)in the case of an interagency transfer, the total amount of transfers under this paragraph may not exceed 3 percent of the total amount of funds made available for National Drug Control Strategy programs and activities to the agency from which those funds are to be transferred;
(D)funds transferred to an agency under this paragraph may only be used to increase the funding for programs or activities have been authorized by Congress; and
(E)the Director shall—
(i)submit to Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office, and any other applicable committees of jurisdiction, a reprogramming or transfer request in advance of any transfer under this paragraph in accordance with the regulations of the affected agency or agencies; and
(ii)annually submit to Congress a reportReports. describing the effect of all transfers of funds made pursuant to this paragraph or subsection (c)(4) during the 12-month period preceding the date on which the report is submitted;
(9)issue to the head of a National Drug Control Program agency a fund control notice described in subsection
(f)to ensure compliance with the National Drug Control Program Strategy; and
(10)participate in the drug certification process pursuant to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j).
(e)Personnel Detailed to Office.—112 STAT. 2681–679
(1)Evaluations.—Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under such chapter for any rating period, or part thereof, that such employee is detailed to such office.
(2)Compensation.—
(A)Bonus payments.—Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office.
(B)Restrictions.—An amount paid under this paragraph to an employee for any period—
(i)shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and
(ii)shall be in addition to the basic pay of such employee.
(C)Aggregate amount.—The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule.
(3)Maximum number of detailees.—The maximum number of personnel who may be detailed to another department or agency (including the Office) under subsection (d)(2) during any fiscal year is—
(A)for the Department of Defense, 50; and
(B)for any other department or agency, 10.
(f)Fund Control Notices.—
(1)In general.—A fund control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by—
(A)months, fiscal year quarters, or other time periods; and
(B)activities, functions, projects, or object classes.
(2)Unauthorized obligation or expenditure prohibited.—An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or obligation contrary to a fund control notice issued by the Director.
(3)Disciplinary action for violation.—In the case of a violation of paragraph
(2)by an officer or employee of a National Drug Control Program agency, the head of the agency, upon the request of and in consultation with the Director, may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office.
(g)Inapplicability to certain programs.—The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency.112 STAT. 2681–680
(h)Construction.—Nothing in this Act shall be construed as derogating the authorities and responsibilities of the Director of Central Intelligence contained in sections 104 and 504 of the National Security Act of 1947 or any other law. SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND LOCAL AFFAIRS.[21 USC 1704](/us/usc/t21/s1704).
(a)Access to Information.—
(1)In general.—Upon the request of the Director, the head of any National Drug Control Program agency shall cooperate with and provide to the Director any statistics, studies, reports, and other information prepared or collected by the agency concerning the responsibilities of the agency under the National Drug Control Strategy that relate to—
(A)drug abuse control; or
(B)the manner in which amounts made available to that agency for drug control are being used by that agency.
(2)Protection of intelligence information.—
(A)In general.—The authorities conferred on the Office and the Director by this title shall be exercised in a manner consistent with provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.). The DirectorRegulations. of Central Intelligence shall prescribe such regulations as may be necessary to protect information provided pursuant to this title regarding intelligence sources and methods.
(B)Duties of director.—The Director of Central Intelligence shall, to the maximum extent practicable in accordance with subparagraph (A), render full assistance and support to the Office and the Director.
(3)Illegal drug cultivation.—The Secretary of Agriculture shall annually submit to the Director an assessment of the acreage of illegal drug cultivation in the United States,
(b)Certification of Policy Changes to Director.—
(1)In general.—Subject to paragraph (2), the head of a National Drug Control Program agency shall, unless exigent circumstances require otherwise, notify the Director in writing regarding any proposed change in policies relating to the activities of that agency under the National Drug Control Program prior to implementation of such change. The Director shall promptly review such proposed change and certify to the head of that agency in writing whether such change is consistent with the National Drug Control Strategy.
(2)Exception.—If prior notice of a proposed change under paragraph
(1)is not practicable—
(A)the head of the National Drug Control ProgramNotification. agency shall notify the Director of the proposed change as soon as practicable; and
(B)upon such notification, the Director shall review the change and certify to the head of that agency in writing whether the change is consistent with the National Drug Control Program.
(c)General Services Administration.—The Administrator of General Services shall provide to the Director, in a reimbursable basis, such administrative support services as the Director may request.
(d)Accounting of Funds Expended.—The Director shall—112 STAT. 2681–681
(A)require the National Drug Control Program agencies to submit to the Director not later than February 1 of each year a detailed accounting of all funds expended by the agencies for National Drug Control Program activities during the previous fiscal year, and require such accounting to be authenticated by the Inspector General for each agency prior to submission to the Director; and
(B)submit to Congress not later than April 1 of each year the information submitted to the Director under subparagraph (A). SEC. 706.[21 USC 1705](/us/usc/t21/s1705). DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY.
(a)Timing, Contents, and Process for Development and Submission of National Drug Control Strategy.—
(1)Timing.—Not later than February 1, 1999, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan, covering a period of not more than 5 years, for reducing drug abuse and the consequences of drug abuse in the United States, by limiting the availability of and reducing the demand for illegal drugs.
(2)Contents.—
(A)In general.—The National Drug Control Strategy submitted under paragraph
(1)shall include—
(i)comprehensive, research-based, long-range, quantifiable, goals for reducing drug abuse and the consequences of drug abuse in the United States;
(ii)annual, quantifiable, and measurable objectives and specific targets to accomplish long-term quantifiable goals that the Director determines may be achieved during each year of the period beginning on the date on which the National Drug Control Strategy is submitted;
(iii)5-year projections for program and budget priorities; and
(iv)a review of international, State, local, and private sector drug control activities to ensure that the United States pursues well-coordinated and effective drug control at all levels of government.
(B)Classified information.—Any contents of the National Drug Control Strategy that involves information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy.
(3)Process for development and submission.—
(A)Consultation.—In developing and effectively implementing the National Drug Control Strategy, the Director—
(i)shall consult with—
(I)the heads of the National Drug Control Program agencies;
(II)Congress;
(III)State and local officials;
(IV)private citizens and organizations with experience and expertise in demand reduction;
(V)private citizens and organizations with experience and expertise in supply reduction; and112 STAT. 2681–682
(VI)appropriate representatives of foreign governments;
(ii)with the concurrence of the Attorney General, may require the El Paso Intelligence Center to undertake specific tasks or projects to implement the National Drug Control Strategy; and
(iii)with the concurrence of the Director of Central Intelligence and the Attorney General, may request that the National Drug Intelligence Center undertake specific tasks or projects to implement the National Drug Control Strategy.
(B)Inclusion in strategy.—The National Drug Control Strategy under this subsection, and each report submitted under subsection (b), shall include a list of each entity consulted under subparagraph (A)(i).
(4)Specific targets.—The targets in the National Drug Control Strategy shall include the following:
(A)Reduction of unlawful drug use to 3 percent of the population of the United States or less by December 31, 2003 (as measured in terms of overall illicit drug use during the past 30 days by the National Household Survey), and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003.
(B)Reduction of adolescent unlawful drug use (as measured in terms of illicit drug use during the past 30 days by the Monitoring the Future Survey of the University of Michigan or the National PRIDE Survey conducted by the National Parents’ Resource Institute for Drug Education) to 3 percent of the adolescent population of the United States or less by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999,2000,2001, 2002, and 2003.
(C)Reduction of the availability of cocaine, heroin, marijuana, and methamphetamine in the United States by 80 percent by December 31, 2003.
(D)Reduction of the respective nationwide average street purity levels for cocaine, heroin, marijuana, and methamphetamine (as estimated by the interagency drug flows assessment led by the Office of National Drug Control Policy, and based on statistics collected by the Drug Enforcement Administration and other National Drug Control Program agencies identified as relevant by the Director) by 60 percent by December 31, 2003, and achievement of at least 20 percent of each such reduction during each of 1999, 2000, 2001, 2002, and 2003.
(E)Reduction of drug-related crime in the United States by 50 percent by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003, including—
(i)reduction of State and Federal unlawful drug trafficking and distribution;
(ii)reduction of State and Federal crimes committed by persons under the influence of unlawful drugs;
(iii)reduction of State and Federal crimes committed for the purpose of obtaining unlawful drugs or obtaining property that is intended to be used for the purchase of unlawful drugs; and112 STAT. 2681–683
(iv)reduction of drug-related emergency room incidents in the United States (as measured by data of the Drug Abuse Warning Network on illicit drug abuse), including incidents involving gunshot wounds and automobile accidents in which illicit drugs are identified in the bloodstream of the victim, by 50 percent by December 31, 2003.
(5)Further reductions in drug use, availability, and crime.—Following the submission of a National Drug Control Strategy under this section to achieve the specific targets described in paragraph (4), the Director may formulate a strategy for additional reductions in drug use and availability and drug-related crime beyond the 5-year period covered by the National Drug Control Strategy that has been submitted.
(b)Annual Strategy Report.—
(1)In general.—Not later than February 1, 1999, and on February 1 of each year thereafter, the President shall submit to Congress a report on the progress in implementing the Strategy under subsection (a), which shall include—
(A)an assessment of the Federal effectiveness in achieving the National Drug Control Strategy goals and objectives using the performance measurement system described in subsection (c), including—
(i)an assessment of drug use and availability in the United States; and
(ii)an estimate of the effectiveness of interdiction, treatment, prevention, law enforcement, and international programs under the National Drug Control Strategy in effect during the preceding year, or in effect as of the date on which the report is submitted;
(B)any modifications of the National Drug Control Strategy or the performance measurement system described in subsection (c);
(C)an assessment of the manner in which the budget proposal submitted under section 704(c) is intended to implement the National Drug Control Strategy and whether the funding levels contained in such proposal are sufficient to implement such Strategy;
(D)measurable data evaluating the success or failure in achieving the annual measurable objectives described in subsection (a)(2)(A)(ii);
(E)an assessment of current drug use (including inhalants) and availability, impact of drug use, and treatment availability, which assessment shall include—
(i)estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of—
(I)casual and chronic drug use;
(II)high-risk populations, including school dropouts, the homeless and transient, arrestees, parolees, probationers, and juvenile delinquents; and
(III)drug use in the workplace and the productivity lost by such use;
(ii)an assessment of the reduction of drug availability against an ascertained baseline, as measured by—112 STAT. 2681–684
(I)the quantities of cocaine, heroin, marijuana, methamphetamine, and other drugs available for consumption in the United States;
(II)the amount of marijuana, cocaine, heroin, and precursor chemicals entering the United States;
(III)the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries;
(IV)the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized;
(V)the number of cocaine and methamphetamine processing laboratories destroyed domestically and in other countries;
(VI)changes in the price and purity of heroin and cocaine, changes in the price of methamphetamine, and changes in tetrahydrocannabinol level of marijuana;
(VII)the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and
(VIII)the effectiveness of Federal technology programs at improving drug detection capabilities in interdiction, and at United States ports of entry;
(iii)an assessment of the reduction of the consequences of drug use and availability, which shall include estimation of—
(I)the burden drug users placed on hospital emergency departments in the United States, such as the quantity of drug-related services provided;
(II)the annual national health care costs of drug use, including costs associated with people becoming infected with the human immunodeficiency virus and other infectious diseases as a result of drug use;
(III)the extent of drug-related crime and criminal activity; and
(IV)the contribution of drugs to the underground economy, as measured by the retail value of drugs sold in the United States;
(iv)a determination of the status of drug treatment in the United States, by assessing—
(I)public and private treatment capacity within each State, including information on the treatment capacity available in relation to the capacity actually used;
(II)the extent, within each State, to which treatment is available;
(III)the number of drug users the Director estimates could benefit from treatment; and
(IV)the specific factors that restrict the availability of treatment services to those seeking it and proposed administrative or legislative remedies to make treatment available to those individuals; and112 STAT. 2681–685
(v)a review of the research agenda of the Counter-Drug Technology Assessment Center to reduce the availability and abuse of drugs; and
(F)an assessment of private sector initiatives and cooperative efforts between the Federal Government and State and local governments for drug control.
(2)Submission of revised strategy.—The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section—
(A)at any time, upon a determination by the President, in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; and
(B)if a new President or Director takes office.
(3)1999 Strategy report.—With respect to the Strategy report required to be submitted by this subsection on February 1, 1999, the President shall prepare the report using such information as is available for the period covered by the report.
(c)Performance Measurement System.—
(1)Sense of congress.—It is the sense of Congress that—
(A)the targets described in subsection
(a)are important to the reduction of overall drug use in the United States;
(B)the President should seek to achieve those targets during the 5 years covered by the National Drug Control Strategy required to be submitted under subsection (a);
(C)the purpose of such targets and the annual reports to Congress on the progress towards achieving the targets is to allow for the annual restructuring of appropriations by the Appropriations Committees and authorizing committees of jurisdiction of Congress to meet the goals described in this Act;
(D)the performance measurement system developed by the Director described in this subsection is central to the National Drug Control Program targets, programs, and budget;
(E)the Congress strongly endorses the performance measurement system for establishing clear outcomes for reducing drug use nationwide during the next five years, and the linkage of this system to all agency drug control programs and budgets receiving funds scored as drug control agency funding.
(2)Submission to congress.—Not later than February 1, 1999, the Director shall submit to Congress a description of the national drug control performance measurement system, designed in consultation with affected National Drug Control Program agencies, that—
(A)develops performance objectives, measures, and targets for each National Drug Control Strategy goal and objective;
(B)revises performance objectives, measures, and targets, to conform with National Drug Control Program Agency budgets;
(C)identifies major programs and activities of the National Drug Control Program agencies that support the goals and objectives of the National Drug Control Strategy;112 STAT. 2681–686
(D)evaluates in detail the implementation by each National Drug Control Program agency of program activities supporting the National Drug Control Strategy;
(E)monitors consistency between the drug-related goals and objectives of the National Drug Control Program agencies and ensures that drug control agency goals and budgets support and are fully consistent with the National Drug Control Strategy; and
(F)coordinates the development and implementation of national drug control data collection and reporting systems to support policy formulation and performance measurement, including an assessment of—
(i)the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities;
(ii)the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug user population and groups that are at risk for drug use; and
(iii)the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs
(A)and
(B)of subsection (b)(4).
(3)Modifications.—A description of any modifications made during the preceding year to the national drug control performance measurement system described in paragraph
(2)shall be included in each report submitted under subsection (b). SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.[21 USC 1706](/us/usc/t21/s1706).
(a)Establishment.—There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas Program.
(b)Designation.—The Director, upon consultation with the Attorney General, the Secretary of the Treasury, heads of the National Drug Control Program agencies, and the Governor of each applicable State, may designate any specified area of the United States as a high intensity drug trafficking area. After making such a designation and in order to provide Federal assistance to the area so designated, the Director may—
(1)obligate such sums as appropriated for the High Intensity Drug Trafficking Areas Program;
(2)direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head of the department or agency that employs such personnel;
(3)take any other action authorized under section 704 to provide increased Federal assistance to those areas;
(4)coordinate activities under this subsection (specifically administrative, recordkeeping, and funds management activities) with State and local officials.
(c)Factors for Consideration.—In considering whether to designate an area under this section as a high intensity drug trafficking area, the Director shall consider, in addition to such other criteria as the Director considers to be appropriate, the extent to which—
(1)the area is a center of illegal drug production, manufacturing, importation, or distribution;112 STAT. 2681–687
(2)State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem;
(3)drug-related activities in the area are having a harmful impact in other areas of the country; and
(4)a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area.
(d)Use of Funds.—The Director shall ensure that no Federal funds appropriated for the High Intensity Drug Trafficking Program are expended for the establishment or expansion of drug treatment programs. SEC. 708.[21 USC 1707](/us/usc/t21/s1707). COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a)Establishment.—There is established within the Office the Counter-Drug Technology Assessment Center (referred to in this section as the “Center”). The Center shall operate under the authority of the Director of National Drug Control Policy and shall serve as the central counter-drug technology research and development organization of the United States Government.
(b)Director of Technology.—There shall be at the head of the Center the Director of Technology, who shall be appointed by the Director of National Drug Control Policy from among individuals qualified and distinguished in the area of science, medicine, engineering, or technology.
(c)Additional Responsibilities of the Director of National Drug Control Policy.—
(1)In general.—The Director, acting through the Director of Technology shall—
(A)identify and define the short-, medium-, and long-term scientific and technological needs of Federal, State, and local drug supply reduction agencies, including—
(i)advanced surveillance, tracking, and radar imaging;
(ii)electronic support measures;
(iii)communications;
(iv)data fusion, advanced computer systems, and artificial intelligence; and
(v)chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection;
(B)identify demand reduction basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including—
(i)improving treatment through neuroscientific advances;
(ii)improving the transfer of biomedical research to the clinical setting; and
(iii)in consultation with the National Institute on Drug Abuse, and through interagency agreements or grants, examining addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment;
(C)make a priority ranking of such needs identified in subparagraphs
(A)and
(B)according to fiscal and 112 STAT. 2681–688technological feasibility, as part of a National Counter-Drug Enforcement Research and Development Program;
(D)oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian and military departments;
(E)provide support to the development and implementation of the national drug control-performance measurement system; and
(F)pursuant to the authority of the Director of National Drug Control Policy under section 704, submit requests to Congress for the reprogramming or transfer of funds appropriated for counter-drug technology research and development.
(2)Limitation on authority.—The authority granted to the Director under this subsection shall not extend to the award of contracts, management of individual projects, or other operational activities.
(d)Assistance and Support to Office of National Drug Control Policy.—The Secretary of Defense and the Secretary of Health and Human Services shall, to the maximum extent practicable, render assistance and support to the Office and to the Director in the conduct of counter-drug technology assessment. SEC. 709. PRESIDENT’S COUNCIL ON COUNTER-NARCOTICS.[21 USC 1708](/us/usc/t21/s1708).
(a)Establishment.—There is established a council to be known as the President’s Council on Counter-Narcotics (referred to in this section as the “Council”).
(b)Membership.—
(1)In general.—Subject to paragraph (2), the Council shall be composed of 18 members, of whom—
(A)1 shall be the President, who shall serve as Chairman of the Council;
(B)1 shall be the Vice President;
(C)1 shall be the Secretary of State;
(D)1 shall be the Secretary of the Treasury;
(E)1 shall be the Secretary of Defense;
(F)1 shall be the Attorney General;
(G)1 shall be the Secretary of Transportation;
(H)1 shall be the Secretary of Health and Human Services;
(I)1 shall be the Secretary of Education;
(J)1 shall be the Representative of the United States of America to the United Nations;
(K)1 shall be the Director of the Office of Management and Budget;
(L)1 shall be the Chief of Staff to the President;
(M)1 shall be the Director of the Office, who shall serve as the Executive Director of the Council;
(N)1 shall be the Director of Central Intelligence;
(O)1 shall be the Assistant to the President for National Security Affairs;
(P)1 shall be the Counsel to the President;
(Q)1 shall be the Chairman of the Joint Chiefs of Staff; and
(R)1 shall be the National Security Adviser to the Vice President112 STAT. 2681–689
(2)Additional members.—The President may, in the discretion of the President, appoint additional members to the Council.
(c)Functions.—The Council shall advise and assist the President in—
(1)providing direction and oversight for the national drug control strategy, including relating drug control policy to other national security interests and establishing priorities; and
(2)ensuring coordination among departments and agencies of the Federal Government concerning implementation of the National Drug Control Strategy.
(d)Administration.—
(1)In general.—The Council may utilize established or ad hoc committees, task forces, or interagency groups chaired by the Director (or a representative of the Director) in carrying out the functions of the Council under this section.
(2)Staff.—The staff of the Office, in coordination with the staffs of the Vice President and the Assistant to the President for National Security Affairs, shall act as staff for the Council.
(3)Cooperation From Other Agencies.—Each department and agency of the executive branch shall—
(A)cooperate with the Council in carrying out the functions of the Council under this section; and
(B)provide such assistance, information, and advice as the Council may request, to the extent permitted by law. SEC. 710.[21 USC 1709](/us/usc/t21/s1709). PARENTS ADVISORY COUNCIL ON YOUTH DRUG ABUSE.
(a)In General.—
(1)Establishment.—There is established a Council to be known as the Parents Advisory Council on Youth Drug Abuse (referred to in this section as the “Council”).
(2)Membership.—
(A)Composition.—The Council shall be composed of 16 members, of whom—
(i)4 shall be appointed by the President, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made;
(ii)4 shall be appointed by the Majority Leader of the Senate, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made;
(iii)2 shall be appointed by the Minority Leader of the Senate, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made;
(iv)4 shall be appointed by the Speaker of the House of Representatives, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; and112 STAT. 2681–690
(v)2 shall be appointed by the Minority Leader of the House of Representatives, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made.
(B)Requirements.—
(i)In general.—Each member of the Council shall be an individual from the private sector with a demonstrated interest and expertise in research, education, treatment, or prevention activities related to youth drug abuse.
(ii)Representatives of nonprofit organizations.—Not less than 1 member appointed under each of clauses
(i)through
(v)of paragraph (2)(A) shall be a representative of a nonprofit organization focused on involving parents in antidrug education and prevention.
(C)Date.—The appointments of the initial members of the Council shall be made not later than 60 days after the date of enactment of this section.
(D)Executive director.—The Director shall appoint the Executive Director of the Council, who shall be an employee of the Office of National Drug Control Policy.
(3)Period of appointment; vacancies.—
(A)Period of appointment.—Each member of the Council shall be appointed for a term of 3 years, except that, of the initial members of the Council—
(i)1 member appointed under each of clauses
(i)through
(v)of paragraph (2)(A) shall be appointed for a term of 1 year; and
(ii)1 member appointed under each of clauses
(i)through
(v)of paragraph (2)(A) shall be appointed for a term of 2 years.
(B)Vacancies.—Any vacancy in the Council shall not affect its powers, provided that a quorum is present, but shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term.
(C)Appointment of successor.—To the extent necessary to prevent a vacancy in the membership of the Council, a member of the Council may serve for not more than 6 months after the expiration of the term of that member, if the successor of that member has not been appointed.
(4)Initial meeting.—Not later than 120 days after the date on which all initial members of the Council have been appointed, the Council shall hold its first meeting.
(5)Meetings.—The Council shall meet at the call of the Chairperson.
(6)Quorum.—Nine members of the Council shall constitute a quorum, but a lesser number of members may hold hearings.
(7)Chairperson and vice chairperson.—
(A)In general.—The members of the Council shall select a Chairperson and Vice Chairperson from among the members of the Council.112 STAT. 2681–691
(B)Duties of chairperson.—The Chairperson of the Council shall assign committee duties relating to the Council and direct the Executive Director to convene hearings and conduct other necessary business of the Council.
(C)Duties of vice chairperson.—If the Chairperson of the Council is unable to serve, the Vice Chairperson shall serve as the Chairperson.
(b)Duties of the Council.—
(1)In general.—The Council—
(A)shall advise the Director on drug prevention, education, and treatment and assist the Deputy Director of Demand Reduction in the responsibilities for the coordination of the demand reduction programs of the Federal Government and the analysis and consideration of prevention and treatment alternatives; and
(B)may issue reports and recommendations on drug prevention, education, and treatment, in addition to the reports detailed in paragraph (2), as the Council considers appropriate.
(2)Submission of reports.—Any report or recommendation issued by the Council shall be submitted to the Director and subsequently to Congress.
(3)Advice on the national drug control strategy.—Not later than December 1, 1999, and on December 1 of each year thereafter, the Council shall submit to the Director an annual report containing drug control strategy recommendations on drug prevention, education, and treatment. The Director may include any recommendations submitted under this paragraph in the report submitted by the Director under section 706(b).
(c)Expenses.—The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council.
(d)Authorization of Appropriations.—There are authorized to be appropriated to the Council such sums as may be necessary carry out this section. SEC. 711.[21 USC 1710](/us/usc/t21/s1710). DRUG INTERDICTION.
(a)Definition.—In this section, the term “Federal drug control agency” means—
(1)the Office of National Drug Control Policy;
(2)the Department of Defense;
(3)the Drug Enforcement Administration;
(4)the Federal Bureau of Investigation;
(5)the Immigration and Naturalization Service;
(6)the United States Coast Guard;
(7)the United States Customs Service; and
(8)any other department or agency of the Federal Government that the Director determines to be relevant.
(b)Report.—In order to assist Congress in determining the personnel, equipment, funding, and other resources that would be required by Federal drug control agencies in order to achieve a level of interdiction success at or above the highest level achieved before the date of enactment of this title, not later than 90 days 112 STAT. 2681–692after the date of enactment of this Act, the Director shall submit to Congress and to each Federal drug control program agency a report, which shall include—
(1)with respect to the southern and western border regions of the United States (including the Pacific coast, the border with Mexico, the Gulf of Mexico coast, and other ports of entry) and in overall totals, data relating to—
(A)the amount of marijuana, heroin, methamphetamine, and cocaine—
(i)seized during the year of highest recorded seizures for each drug in each region and during the year of highest recorded overall seizures; and
(ii)disrupted during the year of highest recorded disruptions for each drug in each region and during the year of highest recorded overall seizures; and
(B)the number of persons arrested for violations of section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)) and related offenses during the year of the highest number of arrests on record for each region and during the year of highest recorded overall arrests;
(2)the price of cocaine, heroin, methamphetamine, and marijuana during the year of highest price on record during the preceding 10-year period, adjusted for purity where possible; and
(3)a description of the personnel, equipment, funding, and other resources of the Federal drug control agency devoted to drug interdiction and securing the borders of the United States against drug trafficking for each of the years identified in paragraphs
(1)and
(2)for each Federal drug control agency.
(c)Budget Process.—
(1)Information to Director.—Based on the report submitted under subsection (b), each Federal drug control agency shall submit to the Director, at the same time as each annual drug control budget request is submitted by the Federal drug control agency to the Director under section 704(c)(1), a description of the specific personnel, equipment, funding, and other resources that would be required for the Federal drug control agency to meet or exceed the highest level of interdiction success for that agency identified in the report submitted under subsection (b).
(2)Information to congress.—The Director shall include each submission under paragraph
(1)in each annual consolidated National Drug Control Program budget proposal submitted by the Director to Congress under section 704(c)(2), which submission shall be accompanied by a description of any additional resources that would be required by the Federal drug control agencies to meet the highest level of interdiction success identified in the report submitted under subsection (b). SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND. Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended—
(1)in subsection (b)—
(A)by striking “section 524(c)(9)” and inserting “section 524(c)(8)”; and112 STAT. 2681–693
(B)by striking “section 9307(g)” and inserting “section 9703(g)”; and
(2)in subsection (e), by striking “strategy” and inserting “Strategy”. SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.
(a)Title 5, United States Code.—Chapter 53 of title 5, United States Code, is amended—
(1)in section 5312, by adding at the end the following: " “Director of National Drug Control Policy.”; "
(2)in section 5313, by adding at the end the following: " “Deputy Director of National Drug Control Policy.”; and "
(3)in section 5314, by adding at the end the following: “Deputy Director for Demand Reduction, Office of National Drug Control Policy. “Deputy Director for Supply Reduction, Office of National Drug Control Policy. “Deputy Director for State and Local Affairs, Office of National Drug Control Policy.”.
(b)National Security Act of 1947.—Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended by redesignating subsection
(f)as subsection
(g)and inserting after subsection
(e)the following: " “(f) The Director of National Drug Control Policy may, in the role of the Director as principal adviser to the National Security Council on national drug control policy, and subject to the direction of the President, attend and participate in meetings of the National Security Council.”. "
(c)Submission of National Drug Control Program Budget With Annual Budget Request of President.—Section 1105(a) of title 31, United States Code, is amended by inserting after paragraph
(25)the following: " “(26) a separate statement of the amount of appropriations requested for the Office of National Drug Control Policy and each program of the National Drug Control Program.”. " SEC. 714.[21 USC 1711](/us/usc/t21/s1711). AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title, to remain available until expended, such sums as may be necessary for each of fiscal years 1999 through 2003. SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a)In General.—Except as provided in subsection (b), effective on September 30, 2003, this title and the amendments made by this title are repealed.
(b)Exception.—Subsection
(a)does not apply to section 713 or the amendments made by that section. TITLE VIII—Western Hemisphere Drug Elimination Act.[21 USC 801 note](/us/usc/t21/s801).WESTERN HEMISPHERE DRUG ELIMINATION SEC. 801. SHORT TITLE; TABLE OF CONTENTS.
(a)Short Title.—This title may be cited as the “Western Hemisphere Drug Elimination Act”.
(b)Table of Contents.—The table of contents for this title is as follows: Sec. 801. Short title; table of contents. Sec. 802. Findings and statement of policy. 112 STAT. 2681–694 SUBTITLE A—ENHANCED SOURCE AND TRANSIT COUNTRY COVERAGE Sec. 811. Expansion of radar coverage and operation in source and transit countries. Sec. 812. Expansion of Coast Guard drug interdiction. Sec. 813. Expansion of aircraft coverage and operation in source and transit countries. SUBTITLE B—ENHANCED ERADICATION AND INTERDICTION STRATEGY IN SOURCE COUNTRIES Sec. 821. Additional eradication resources for Colombia. Sec. 822. Additional eradication resources for Peru. Sec. 823. Additional eradication resources for Bolivia. Sec. 824. Miscellaneous additional eradication resources. Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs. SUBTITLE C—ENHANCED ALTERNATIVE CROP DEVELOPMENT SUPPORT IN SOURCE ZONE Sec. 831. Alternative crop development support. Sec. 832. Authorization of appropriations for Agricultural Research Service counterdrug research and development activities. Sec. 833. Master plan for herbicides to control narcotic crops. Sec. 834. Authorization of use of environmentally-approved herbicides to eliminate illicit narcotics crops. SUBTITLE D—ENHANCED INTERNATIONAL LAW ENFORCEMENT TRAINING Sec. 841. Enhanced international law enforcement academy training. Sec. 842. Enhanced United States drug enforcement international training. Sec. 843. Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities. SUBTITLE E—ENHANCED DRUG TRANSIT AND SOURCE ZONE LAW ENFORCEMENT OPERATIONS AND EQUIPMENT Sec. 851. Increased funding for operations and equipment; report. Sec. 852. Funding for computer software and hardware to facilitate direct communication between drug enforcement agencies. Sec. 853. Sense of Congress regarding priority of drug interdiction and counterdrug activities. SUBTITLE F—RELATIONSHIP TO OTHER LAWS Sec. 861. Authorizations of appropriations. SUBTITLE G—TRAFFICKING IN CONTROLLED SUBSTANCES Sec. 871. Short title. Sec. 872. Limitation. SEC. 802. FINDINGS AND STATEMENT OF POLICY.
(a)Findings.—Congress makes the following findings:
(1)Teenage drug use in the United States has doubled since 1993.
(2)The drug crisis facing the United States is a top national security threat.
(3)The spread of illicit drugs through United States borders cannot be halted without an effective drug interdiction strategy.
(4)Effective drug interdiction efforts have been shown to limit the availability of illicit narcotics, drive up the street price, support demand reduction efforts, and decrease overall drug trafficking and use.
(5)A prerequisite for reducing youth drug use is increasing the price of drugs. To increase price substantially, at least 60 percent of drugs must be interdicted.
(6)In 1987, the national drug control budget maintained a significant balance between demand and supply reduction efforts, illustrated as follows:
(A)29 percent of the total drug control budget expenditures for demand reduction programs.112 STAT. 2681–695
(B)38 percent of the total drug control budget expenditures for domestic law enforcement.
(C)33 percent of the total drug control budget expenditures for international drug interdiction efforts.
(7)In the late 1980’s and early 1990’s, counternarcotic efforts were successful, specifically in protecting the borders of the United States from penetration by illegal narcotics through increased seizures by the United States Coast Guard and other agencies, including a 302 percent increase in pounds of cocaine seized between 1987 and 1991.
(8)Limiting the availability of narcotics to drug traffickers in the United States had a promising effect as illustrated by the decline of illicit drug use between 1988 and 1991, through a—
(A)13 percent reduction in total drug use;
(B)35 percent drop in cocaine use; and
(C)16 percent decrease in marijuana use.
(9)In 1993, drug interdiction efforts in the transit zones were reduced due to an imbalance in the national drug control strategy. This trend has continued through 1995 as shown by the following figures:
(A)35 percent for demand reduction programs.
(B)53 percent for domestic law enforcement.
(C)12 percent for international drug interdiction efforts.
(10)Supply reduction efforts became a lower priority for the Administration and the seizures by the United States Coast Guard and other agencies decreased as shown by a 68 percent decrease in the pounds of cocaine seized between 1991 and 1996.
(11)Reductions in funding for comprehensive interdiction operations like OPERATION GATEWAY and OPERATION STEELWEB, initiatives that encompassed all areas of interdiction and attempted to disrupt the operating methods of drug smugglers along the entire United States border, have created unprotected United States border areas which smugglers exploit to move their product into the United States.
(12)The result of this new imbalance in the national drug control strategy caused the drug situation in the United States to become a crisis with serious consequences including—
(A)doubling of drug-abuse-related arrests for minors between 1992 and 1996;
(B)70 percent increase in overall drug use among children aged 12 to 17;
(C)80 percent increase in drug use for graduating seniors since 1992;
(D)a sharp drop in the price of 1 pure gram of heroin from $1,647 in 1992 to $966 in February 1996; and
(E)a reduction in the street price of 1 gram of cocaine from $123 to $104 between 1993 and 1994.
(13)The percentage change in drug use since 1992, among graduating high school students who used drugs in the past 12 months, has substantially increased-marijuana use is up 80 percent, cocaine use is up 80 percent, and heroin use is up 100 percent.
(14)The Department of Defense has been called upon to support counter-drug efforts of Federal law enforcement 112 STAT. 2681–696agencies that are carried out in source countries and through transit zone interdiction, but in recent years Department of Defense assets critical to those counter-drug activities have been consistently diverted to missions that the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider a higher priority.
(15)The Secretary of Defense and the Chairman of the Joint Chiefs of Staff, through the Department of Defense policy referred to as the Global Military Force Policy, has established the priorities for the allocation of military assets in the following order:
(1)war;
(2)military operations other than war that might involve contact with hostile forces (such as peacekeeping operations and noncombatant evacuations);
(3)exercises and training; and
(4)operational tasking other than those involving hostilities (including counter-drug activities and humanitarian assistance).
(16)Use of Department of Defense assets is critical to the success of efforts to stem the flow of illegal drugs from source countries and through transit zones to the United States.
(17)The placement of counter-drug activities in the fourth and last priority of the Global Military Force Policy list of priorities for the allocation of military assets has resulted in a serious deficiency in assets vital to the success of source country and transit zone efforts to stop the flow of illegal drugs into the United States.
(18)At present the United States faces few, if any, threats from abroad greater than the threat posed to the Nation’s youth by illegal and dangerous drugs.
(19)The conduct of counter-drug activities has the potential for contact with hostile forces.
(20)The Department of Defense counter-drug activities mission should be near the top, not among the last, of the priorities for the allocation of Department of Defense assets after the first priority for those assets for the war-fighting mission of the Department of Defense.
(b)Statement of Policy.—It is the policy of the United States to—
(1)reduce the supply of drugs and drug use through an enhanced drug interdiction effort in the major drug transit countries, as well support a comprehensive supply country eradication and crop substitution program, because a commitment of increased resources in international drug interdiction efforts will create a balanced national drug control strategy among demand reduction, law enforcement, and international drug interdiction efforts; and
(2)develop and establish comprehensive drug interdiction and drug eradication strategies, and dedicate the required resources, to achieve the goal of reducing the flow of illegal drugs into the United States by 80 percent by as early as January 1, 2003. Subtitle A—Enhanced Source and Transit Country Coverage SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND TRANSIT COUNTRIES.
(a)Authorization of Appropriations.—Funds are authorized to be appropriated for the Department of the Treasury for fiscal 112 STAT. 2681–697years 1999, 2000, and 2001 for the enhancement of radar coverage in drug source and transit countries in the total amount of $14,300,000 which shall be available for the following purposes:
(1)For restoration of radar, and operation and maintenance of radar, in the Bahamas.
(2)For operation and maintenance of ground-based radar at Guantanamo Bay Naval Base, Cuba.
(b)Report.—Not later than January 31, 1999, the Secretary of Defense, in conjunction with the Director of Central Intelligence, shall submit to the Committee on National Security, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate a report examining the options available to the United States for improving Relocatable Over the Horizon (ROTHR) capability to provide enhanced radar coverage of narcotics source zone countries in South America and transit zones in the Eastern Pacific. The report shall include—
(1)a discussion of the need and costs associated with the establishment of a proposed fourth ROTHR site located in the source or transit zones; and
(2)an assessment of the intelligence specific issues raised if such a ROTHR facility were to be established in conjunction with a foreign government. SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.
(a)Operating Expenses.—For operating expenses of the Coast Guard associated with expansion of drug interdiction activities around Puerto Rico, the United States Virgin Islands, and other transit zone areas of operation, there is authorized to be appropriated to the Secretary of Transportation $151,500,000 for each of fiscal years 1999, 2000, and 2001. Such amounts shall include (but are not limited to) amounts for the following:
(1)For deployment of intelligent acoustic detection buoys in the Florida Straits and Bahamas.
(2)For a nonlethal technology program to enhance counter-measures against the threat of transportation of drugs by so-called Go-Fast boats.
(b)Acquisition, Construction, and Improvement.—
(1)In general.—For acquisition, construction, and improvement of facilities and equipment to be used for expansion of Coast Guard drug interdiction activities, there is authorized to be appropriated to the Secretary of Transportation for fiscal year 1999 the total amount of $630,300,000 which shall be available for the following purposes:
(A)For maritime patrol aircraft sensors.
(B)For acquisition of deployable pursuit boats.
(C)For the acquisition and construction of up to 15 United States Coast Guard Coastal Patrol Boats.
(D)For—
(i)the reactivation of up to 3 United States Coast Guard HU–25 Falcon jets;
(ii)the procurement of up to 3 C–37A aircraft; or
(iii)the procurement of up to 3 C–20H aircraft.112 STAT. 2681–698
(E)For acquisition of installed or deployable electronic sensors and communications systems for Coast Guard Cutters.
(F)For acquisition and construction of facilities and equipment to support regional and international law enforcement training and support in Puerto Rico, the United States Virgin Islands, and the Caribbean Basin.
(G)For acquisition or conversion of maritime patrol aircraft.
(H)For acquisition or conversion of up to 2 vessels to be used as Coast Guard Medium or High Endurance Cutters.
(I)For acquisition or conversion of up to 2 vessels to be used as Coast Guard Cutters as support, command, and control platforms for drug interdiction operations.
(J)For acquisition of up to 6 Coast Guard Medium Endurance Cutters.
(2)Continued availability.—Amounts appropriated under this subsection may remain available until expended.
(c)Requirement to Accept Patrol Craft From Department Of Defense.—The Secretary of Transportation shall accept, for use by the Coast Guard for expanded drug interdiction activities, 7 PC–170 patrol craft if offered by the Department of Defense. SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN SOURCE AND TRANSIT COUNTRIES.
(a)Department of the Treasury.—Funds are authorized to be appropriated for the Department of the Treasury for fiscal years 1999, 2000, and 2001 for the enhancement of air coverage and operation for drug source and transit countries in the total amount of $886,500,000 which shall be available for the following purposes:
(1)For procurement of 10 P–3B Early Warning aircraft for the United States Customs Service to enhance overhead air coverage of drug source zone countries.
(2)For the procurement and deployment of 10 P–3B Slick airplanes for the United States Customs Service to enhance overhead air coverage of the drug source zone.
(3)In fiscal years 2000 and 2001, for operation and maintenance of 10 P–3B Early Warning aircraft for the United States Customs Service to enhance overhead air coverage of drug source zone countries.
(4)For personnel for the 10 P–3B Early Warning aircraft for the United States Customs Service to enhance overhead air coverage of drug source zone countries.
(5)In fiscal years 2000 and 2001, for operation and maintenance of 10 P–3B Slick airplanes for the United States Customs Service to enhance overhead coverage of the drug source zone.
(6)For personnel for the 10 P–3B Slick airplanes for the United States Customs Service to enhance overhead air coverage of drug source zone countries.
(7)For construction and furnishing of an additional facility for the P–3B aircraft.
(8)For operation and maintenance for overhead air coverage for source countries.
(9)For operation and maintenance for overhead coverage for the Caribbean and Eastern Pacific regions.112 STAT. 2681–699
(10)For purchase and for operation and maintenance of 3 RU–38A observation aircraft (to be piloted by pilots under contract with the United States).
(b)Report.—Not later than January 31, 1999, the Secretary of Defense, in consultation with the Secretary of State and the Director of Central Intelligence, shall submit to the Committee on National Security, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives and to the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate a report examining the options available in the source and transit zones to replace Howard Air Force Base in Panama and specifying the requirements of the United States to establish an airbase or airbases for use in support of counternarcotics operations to optimize operational effectiveness in the source and transit zones. The report shall identify the following:
(1)The specific requirements necessary to support the national drug control policy of the United States.
(2)The estimated construction, operation, and maintenance costs for a replacement counterdrug airbase or airbases in the source and transit zones.
(3)Possible interagency cost sharing arrangements for a replacement airbase or airbases.
(4)Any legal or treaty-related issues regarding the replacement airbase or airbases.
(5)A summary of completed alternative site surveys for the airbase or airbases.
(c)Transfer of Aircraft.—The Secretary of the Navy shall transfer to the United States Customs Service—
(1)ten currently retired and previously identified heavy-weight P–3B aircraft for modification into P–3 AEW&C aircraft; and
(2)ten currently retired and previously identified heavy-weight P–3B aircraft for modification into P–3 Slick aircraft. Subtitle B—Enhanced Eradication and Interdiction Strategy in Source Countries SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.
(a)Department of State.—Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000, and 2001 for the enhancement of drug-related eradication efforts in Colombia in the total amount of $201,250,000 which shall be available for the following purposes:
(1)For each such fiscal year for sustaining support of the helicopters and fixed wing fleet of the national police of Colombia.
(2)For the purchase of DC–3 transport aircraft for the national police of Colombia.
(3)For acquisition of resources needed for prison security in Colombia.
(4)For the purchase of minigun systems for the national police of Colombia.
(5)For the purchase of 6 UH–60L Black Hawk utility helicopters for the national police of Colombia and for operation, maintenance, and training relating to such helicopters.112 STAT. 2681–700
(6)For procurement, for upgrade of 50 UH–1H helicopters to the Huey II configuration equipped with miniguns for the use of the national police of Colombia.
(7)For the repair and rebuilding of the antinarcotics base in southern Colombia.
(8)For providing sufficient and adequate base and force security for any rebuilt facility in southern Colombia, and the other forward operating antinarcotics bases of the Colombian National Police antinarcotics unit.
(b)Counternarcotics Assistance.—[22 USC 2291 note](/us/usc/t22/s2291).
(1)Limitation on provision of assistance.—Except as provided in paragraph (2), United States counternarcotics assistance may not be provided for the Government of Colombia under this title or under any other provision of law on or after the date of enactment of this Act if the Government of Colombia negotiates or permits the establishment of any demilitarized zone in which the eradication of drug production by the security forces of Colombia, including the Colombian National Police antinarcotics unit, is prohibited.
(2)Exception.—If the Government of Colombia negotiates or permits the establishment of a demilitarized zone described in paragraph (1), United States counternarcotics assistance may be provided for the Government of Colombia for a period of up to 90 consecutive days upon a finding by the President that providing such assistance is in the national interest of the United States.
(3)Notification.—In each case in which counternarcotics assistance is provided for the Government of Colombia as a result of a finding by the President described in paragraph (2), the President shall notify the Committees on Appropriations and the authorizing committees of jurisdiction of the House of Representatives and the Senate not later than 5 days after such assistance is provided. SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.
(a)Department of State.—Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000, and 2001 for the establishment of a third drug interdiction site in Peru to support air bridge and riverine missions for enhancement of drug-related eradication efforts in Peru, in the total amount of $3,000,000, and an additional amount of $1,000,000 for each of fiscal years 2000 and 2001 for operation and maintenance.
(b)Department of Defense Study.—The Secretary of Defense shall conduct a study of Peruvian counternarcotics air interdiction requirements and, not later than 90 days after the date of enactment of this Act, submit to Congress a report on the results of the study. The study shall include a review of the Peruvian Air Force’s current and future requirements for countemarcotics air interdiction to complement the Peruvian Air Force’s A–37 capability. SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA. Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000, and 2001 for enhancement of drug-related eradication efforts in Bolivia in the total amount of $17,000,000 which shall be available for the following purposes:
(1)For support of air operations in Bolivia.
(2)For support of riverine operations in Bolivia.
(3)For support of coca eradication programs.112 STAT. 2681–701
(4)For procurement of 2 mobile x-ray machines, with operation and maintenance support. SEC. 824. MISCELLANEOUS ADDITIONAL ERADICATION RESOURCES. Funds are authorized to be appropriated for the Department of State for fiscal years 1999, 2000, and 2001 for enhanced precursor chemical control projects, in the total amount of $500,000. SEC. 825. BUREAU OF INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT AFFAIRS.
(a)Sense of Congress Relating to Professional Qualifications of Officials Responsible for International Narcotics Control.—It is the sense of Congress that any individual serving in the position of assistant secretary in any department or agency of the Federal Government who has primary responsibility for international narcotics control and law enforcement, and the principal deputy of any such assistant secretary, shall have substantial professional qualifications in the fields of—
(1)management;
(2)Federal law enforcement or intelligence; and
(3)foreign policy.
(b)Sense of Congress Relating to Deficiencies In International Narcotics Assistance Activities.—It is the sense of Congress that the responsiveness and effectiveness of international narcotics assistance activities under the Department of State have been severely hampered due, in part, to the lack of law enforcement expertise by responsible personnel in the Department of State. Subtitle C—Enhanced Alternative Crop Development Support in Source Zone SEC. 831. ALTERNATIVE CROP DEVELOPMENT SUPPORT. Funds are authorized to be appropriated for the United States Agency for International Development for fiscal years 1999, 2000, and 2001 for alternative development programs in the total amount of $180,000,000 which shall be available as follows:
(1)In the Guaviare, Putumayo, and Caqueta regions in Colombia.
(2)In the Ucayali, Apurimac, and Huallaga Valley regions in Peru.
(3)In the Chapare and Yungas regions in Bolivia. SEC. 832. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL RESEARCH SERVICE COUNTERDRUG RESEARCH AND DEVELOPMENT ACTIVITIES.
(a)In General.—There is authorized to be appropriated to the Secretary of Agriculture for each of fiscal years 1999, 2000, and 2001, $23,000,000 to support the counternarcotics research efforts of the Agricultural Research Service of the Department of Agriculture. Of that amount, funds are authorized as follows:
(1)$5,000,000 shall be used for crop eradication technologies.
(2)$2,000,000 shall be used for narcotics plant identification, chemistry, and biotechnology.
(3)$1,000,000 shall be used for worldwide crop identification, detection tagging, and production estimation technology.
(4)$5,000,000 shall be used for improving the disease resistance, yield, and economic competitiveness of commercial 112 STAT. 2681–702crops that can be promoted as alternatives to the production of narcotics plants.
(5)$10,000,000 to contract with entities meeting the criteria described in subsection
(b)for the product development, environmental testing, registration, production, aerial distribution system development, product effectiveness monitoring, and modification of multiple herbicides to control narcotic crops (including coca, poppy, and cannabis) in the United States and internationally.
(b)Criteria for Eligible Entities.—An entity under this subsection is an entity which possesses—
(1)experience in diseases of narcotic crops;
(2)intellectual property involving seed-borne dispersal formulations;
(3)the availability of state-of-the-art containment or quarantine facilities;
(4)country-specific herbicide formulations;
(5)specialized fungicide resistant formulations; or
(6)special security arrangements. SEC. 833. MASTER PLAN FOR HERBICIDES TO CONTROL NARCOTIC CROPS.
(a)In General.—The Director of the Office of National Drug Control Policy shall develop a 10-year master plan for the use of herbicides to control narcotic crops (including coca, poppy, and cannabis) in the United States and internationally.
(b)Coordination.—The Director shall develop the plan in coordination with—
(1)the Department of Agriculture;
(2)the Drug Enforcement Administration of the Department of Justice;
(3)the Department of Defense;
(4)the Environmental Protection Agency;
(5)the Bureau for International Narcotics and Law Enforcement Activities of the Department of State;
(6)the United States Information Agency; and
(7)other appropriate agencies.
(c)Report.—Not later than March 1, 1999, the Director of the Office of National Drug Control Policy shall submit to Congress a report describing the activities undertaken to carry out this section. SEC. 834. AUTHORIZATION OF USE OF ENVIRONMENTALLY-APPROVED HERBICIDES TO ELIMINATE ILLICIT NARCOTICS CROPS.[21 USC 1713](/us/usc/t21/s1713). The Secretary of State, the Attorney General, the Secretary of Agriculture, the Secretary of Defense, the Director of the Office of National Drug Control Policy, and the Administrator of the Environmental Protection Agency are authorized to support the development and use of environmentally-approved herbicides to eliminate illicit narcotics crops, including coca, cannabis, and opium poppy, both in the United States and in foreign countries.112 STAT. 2681–703 Subtitle D—Enhanced International Law Enforcement Training SEC. 841. ENHANCED INTERNATIONAL LAW ENFORCEMENT ACADEMY TRAINING.
(a)Maritime Law Enforcement Training Center.—Funds are authorized to be appropriated for the Department of Transportation and the Department of the Treasury for fiscal years 1999, 2000, and 2001 for the joint establishment, operation, and maintenance in San Juan, Puerto Rico, of a center for training law enforcement personnel of countries located in the Latin American and Caribbean regions in matters relating to maritime law enforcement, including customs-related ports management matters, as follows:
(1)For each such fiscal year for funding by the Department of Transportation, $1,500,000.
(2)For each such fiscal year for funding by the Department of the Treasury, $1,500,000.
(b)United States Coast Guard International Maritime Training Vessel.—Funds are authorized to be appropriated for the Department of Transportation for fiscal years 1999, 2000, and 2001 for the establishment, operation, and maintenance of maritime training vessels in the total amount of $15,000,000 which shall be available for the following purposes:
(1)For a vessel for international maritime training, which shall visit participating Latin American and Caribbean nations on a rotating schedule in order to provide law enforcement training and to perform maintenance on participating national assets.
(2)For support of the United States Coast Guard Balsam Class Buoy Tender training vessel. SEC. 842. ENHANCED UNITED STATES DRUG ENFORCEMENT INTERNATIONAL TRAINING.
(a)Mexico.—Funds are authorized to be appropriated for the Department of Justice for fiscal years 1999, 2000, and 2001 for substantial exchanges for Mexican judges, prosecutors, and police, in the total amount of $2,000,000 for each such fiscal year. The Attorney General shall consult with the Secretary of State regarding such exchanges.
(b)Brazil.—Funds are authorized to be appropriated for the Department of Justice for fiscal years 1999, 2000, and 2001 for enhanced support for the Brazilian Federal Police Training Center, in the total amount of $1,000,000 for each such fiscal year. The Attorney General shall consult with the Secretary of State regarding such enhanced support.
(c)Panama.—
(1)In general.—Funds are authorized to be appropriated for the Department of Transportation for fiscal years 1999, 2000, and 2001 for operation and maintenance, for locating and operating Coast Guard assets so as to strengthen the capability of the Coast Guard of Panama to patrol the Atlantic and Pacific coasts of Panama for drug enforcement and interdiction activities, in the total amount of $1,000,000 for each such fiscal year. The Secretary of Transportation shall consult with the Secretary of State regarding the location and operation of such assets for such purposes.112 STAT. 2681–704
(2)Eligibility to receive training.—Notwithstanding any other provision of law, members of the national police of Panama shall be eligible to receive training through the International Military Education Training program.
(d)Venezuela.—There are authorized to be appropriated for the Department of Justice for each of fiscal years 1999, 2000, and 2001, $1,000,000 for operation and maintenance, for support for the Venezuelan Judicial Technical Police Counterdrug Intelligence Center. The Attorney General shall consult with the Secretary of State regarding such support.
(e)Ecuador.—
(1)In general.—Funds are authorized to be appropriated for the Department of Transportation and the Department of the Treasury for each of fiscal years 1999, 2000, and 2001 for the buildup of local coast guard and port control in Guayaquil and Esmeraldas, Ecuador, as follows:
(A)For each such fiscal year for the Department of Transportation, $500,000.
(B)For each such fiscal year for the Department of the Treasury, $500,000.
(2)Consultation.—The Secretary of Transportation and the Secretary of the Treasury shall consult with the Secretary of State regarding the buildup described in paragraph (1).
(f)Haiti and the Dominican Republic.—Funds are authorized to be appropriated for the Department of the Treasury for each of fiscal years 1999, 2000, and 2001, $500,000 for the buildup of local coast guard and port control in Haiti and the Dominican Republic. The Secretary of the Treasury shall consult with the Secretary of State regarding such buildup of local coast guard and port patrol.
(g)Central America.—There are authorized to be appropriated for the Department of the Treasury for each of fiscal years 1999, 2000, and 2001, $12,000,000 for the buildup of local coast guard and port control in Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. The Secretary of the Treasury shall consult with the Secretary of State regarding such buildup of local coast guard and port patrol. SEC. 843. PROVISION OF NONLETHAL EQUIPMENT TO FOREIGN LAW ENFORCEMENT ORGANIZATIONS FOR COOPERATIVE ILLICIT NARCOTICS CONTROL ACTIVITIES.[22 USC 2291–5](/us/usc/t22/s2291).
(a)In General.—(1) Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation with the Secretary of State, may transfer or lease each year non-lethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities. (2)(A) The Administrator may transfer or lease equipment under paragraph
(1)only if the equipment is not designated as a munitions item or controlled on the United States Munitions List pursuant to section 38 of the Arms Export Control Act.
(B)The value of each piece of equipment transferred or leased under paragraph
(1)may not exceed $100,000.
(b)Additional Requirement.—The Administrator shall provide for the maintenance and repair of any equipment transferred or leased under subsection (a).112 STAT. 2681–705
(c)Notification Requirement.—Before the export of any item authorized for transfer under subsection (a), the Administrator shall provide written notice to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
(d)Sense of Congress.—It is the sense of Congress that—
(1)all United States law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and
(2)all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico. Subtitle E—Enhanced Drug Transit and Source Zone Law Enforcement Operations and Equipment SEC. 851. INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT; REPORT.
(a)Drug Enforcement Administration.—Funds are authorized to be appropriated for the Drug Enforcement Administration for fiscal years 1999, 2000, and 2001 for enhancement of counternarcotic operations in drug transit and source countries in the total amount of $58,900,000 which shall be available for the following purposes:
(1)For support of the Merlin program.
(2)For support of the intercept program.
(3)For support of the development and implementation of automation systems to support investigative and intelligence requirements.
(4)For support of the Caribbean Initiative.
(5)For the hire of special agents, administrative and investigative support personnel, and intelligence analysts for the support of overseas investigations.
(b)Department of State.—Funds are authorized to be appropriated for the Department of State for fiscal year 1999, 2000, and 2001 for the deployment of commercial unclassified intelligence and imaging data and a Passive Coherent Location System for counternarcotics and interdiction purposes in the Western Hemisphere, the total amount of $20,000,000.
(c)Department of the Treasury.—Funds are authorized to be appropriated for the United States Customs Service for fiscal years 1999, 2000, and 2001 for enhancement of counternarcotic operations in drug transit and source countries in the total amount of $71,500,000 which shall be available for the following purposes:
(1)For refurbishment of up to 30 interceptor and Blue Water Platform vessels in the Caribbean maritime fleet.
(2)For purchase of up to 9 new interceptor vessels in the Caribbean maritime fleet.
(3)For the hire and training of up to 25 special agents for maritime operations in the Caribbean.
(4)For purchase of up to 60 automotive vehicles for ground use in South Florida.112 STAT. 2681–706
(5)For each such fiscal year for operation and maintenance support for up to 10 United States Customs Service Citations Aircraft to be dedicated for the source and transit zone.
(6)For purchase of non-intrusive inspection systems consistent with the United States Customs Service 5-year technology plan, including truck x-rays and gamma-imaging for drug interdiction purposes at high-threat seaports and land border ports of entry.
(d)Department of Defense Report.—Not later than January 31, 1999, the Secretary of Defense, in consultation with the Director of the Office of National Drug Control Policy, shall submit to Congress a report examining and proposing recommendations regarding any organizational changes to optimize counterdrug activities, including alternative cost-sharing arrangements regarding the following facilities:
(1)The Joint Inter-Agency Task Force, East, Key West, Florida.
(2)The Joint Inter-Agency Task Force, West, Alameda, California.
(3)The Joint Inter-Agency Task Force, South, Panama City, Panama.
(4)The Joint Task Force 6, El Paso, Texas. SEC. 852. FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO FACILITATE DIRECT COMMUNICATION BETWEEN DRUG ENFORCEMENT AGENCIES.
(a)Authorization.—Funds are authorized to be appropriated for the development and purchase of computer software and hardware to facilitate direct communication between agencies that perform work relating to the interdiction of drugs at United States borders, including the United States Customs Service, the Border Patrol, the Federal Bureau of Investigation, the Drug Enforcement Agency, and the Immigration and Naturalization Service, in the total amount of $50,000,000.
(b)Availability.—Funds authorized pursuant to the authorization of appropriations in subsection
(a)shall remain available until expended. SEC. 853. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION AND COUNTERDRUG ACTIVITIES. It is the sense of Congress that the Secretary of Defense should revise the Global Military Force Policy of the Department of Defense in order—
(1)to treat the international drug interdiction and counterdrug activities of the Department as a military operation other than war, thereby elevating the priority given such activities under the Policy to the next priority below the priority given to war under the Policy and to the same priority as is given to peacekeeping operations under the Policy; and
(2)to allocate the assets of the Department to drug interdiction and counter-drug activities in accordance with the priority given those activities. Subtitle F—Relationship to Other Laws SEC. 861. AUTHORIZATIONS OF APPROPRIATIONS. The funds authorized to be appropriated for any department or agency of the Federal Government for fiscal years 1999, 2000, 112 STAT. 2681–707or 2001 by this title are in addition to funds authorized to be appropriated for that department or agency for fiscal year 1999, 2000, or 2001 by any other provision of law. Subtitle G—Controlled Substances Trafficking Prohibition Act.[21 USC 801 note](/us/usc/t21/s801).Trafficking in Controlled Substances SEC. 871. SHORT TITLE. This subtitle may be cited as the “Controlled Substances Trafficking Prohibition Act”. SEC. 872. LIMITATION.
(a)Amendment.—Section 1006(a) of the Controlled Substances Import and Export Act (21 U.S.C. 956(a)) is amended—
(1)by striking “The Attorney General” and inserting “(1) Subject to paragraph (2), the Attorney General”; and
(2)by adding at the end the following: " “(2) Notwithstanding any exemption under paragraph (1), a United States resident who enters the United States through an international land border with a controlled substance (except a substance in schedule I) for which the individual does not possess a valid prescription issued by a practitioner (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) in accordance with applicable Federal and State law (or documentation that verifies the issuance of such a prescription to that individual) may not import the controlled substance into the United States in an amount that exceeds 50 dosage units of the controlled substance.”. " (b)[21 USC 956 note](/us/usc/t21/s956). Federal Minimum Requirement.—Section 1006(a)(2) of the Controlled Substances Import and Export Act, as added by subsection (a), is a minimum Federal requirement and shall not be construed to limit a State from imposing any additional requirement. (c)[21 USC 956 note](/us/usc/t21/s956). Extent.—The amendment made by subsection
(a)shall not be construed to affect the jurisdiction of the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.). TITLE IX—Drug-Free Workplace Act of 1998.[15 USC 631 note](/us/usc/t15/s631).DRUG-FREE WORKPLACE ACT SEC. 901. SHORT TITLE. This title may be cited as the “Drug-Free Workplace Act of 1998”. SEC. 902.[15 USC 654 note](/us/usc/t15/s654). FINDINGS; PURPOSES.
(a)Findings.—Congress finds that—
(1)74 percent of adults who use illegal drugs are employed;
(2)small business concerns employ over 50 percent of the Nation’s workforce;
(3)in more than 88 percent of families with children under the age of 18, at least 1 parent is employed; and
(4)employees who use and abuse addictive illegal drugs and alcohol increase costs for businesses and risk the health and safety of all employees because—
(A)absenteeism is 66 percent higher among drug users than individuals who do not use drugs;
(B)health benefit utilization is 300 percent higher among drug users than individuals who do not use drugs;
(C)47 percent of workplace accidents are drug-related;112 STAT. 2681–708
(D)disciplinary actions are 90 percent higher among drug users than among individuals who do not use drugs; and
(E)employee turnover is significantly higher among drug users than among individuals who do not use drugs.
(b)Purposes.—The purposes of this title are to—
(1)educate small business concerns about the advantages of a drug-free workplace;
(2)provide grants and technical assistance in addition to financial incentives to enable small business concerns to create a drug-free workplace;
(3)assist working parents in keeping their children drug-free; and
(4)encourage small business employers and employees alike to participate in drug-free workplace programs. SEC. 903. SENSE OF CONGRESS.[15 USC 654 note](/us/usc/t15/s654). It is the sense of Congress that—
(1)businesses should adopt drug-free workplace programs;
(2)States should consider incentives to encourage businesses to adopt drug-free workplace programs; and
(3)such incentives may include—
(A)financial incentives, including—
(i)a reduction in workers’ compensation premiums;
(ii)a reduction in unemployment insurance premiums; and
(iii)tax deductions in an amount equal to the amount of expenditures for employee assistance programs, treatment, or illegal drug testing; and
(B)other incentives, such as the adoption of liability limitations, as recommended by the President’s Commission on Model State Drug Laws. SEC. 904. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.[15 USC 654](/us/usc/t15/s654). Section 27 of the Small Business Act (15 U.S.C. 654) is amended to read as follows: " “SEC. 27. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM. “(a) Definitions.—In this section: “(1) Drug-free workplace program.—The term ‘drug-free workplace program’ means a program that includes— “(A) a written policy, including a clear statement of expectations for workplace behavior, prohibitions against reporting to work or working under the influence of illegal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the workplace, and the consequences of violating those expectations and prohibitions; “(B) drug and alcohol abuse prevention training for a total of not less than 2 hours for each employee, and additional voluntary drug and alcohol abuse prevention training for employees who are parents; “(C) employee illegal drug testing, with analysis conducted by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists for forensic drug testing, and a review of each positive test result by a medical review officer;112 STAT. 2681–709 “(D) employee access to an employee assistance program, including confidential assessment, referral, and short-term problem resolution; and “(E) continuing alcohol and drug abuse prevention education. “(2) Eligible intermediary.—The term ‘eligible intermediary’ means an organization— “(A) that has not less than 2 years of experience in carrying out drug-free workplace programs; “(B) that has a drug-free workplace policy in effect; “(C) that is located in a State, the District of Columbia, or a territory of the United States; and “(D) the purpose of which is— “(i) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or “(ii) to provide other forms of assistance and services to small business concerns. “(3) Employee.—The term ‘employee’ includes any— “(A) applicant for employment; “(B) employee; “(C) supervisor; “(D) manager; “(E) officer of a small business concern who is active in management of the concern; and “(F) owner of a small business concern who is active in management of the concern. “(4) Medical review officer.—The term ‘medical review officer’— “(A) means a licensed physician with knowledge of substance abuse disorders; and “(B) does not include any— “(i) employee of the small business concern; or “(ii) employee or agent of, or any person having a financial interest in, the laboratory for which the illegal drug test results are being reviewed. “(b) Establishment.—There is established a drug-free workplace demonstration program, under which the Administrator may make grants to, or enter into cooperative agreements or contracts with, eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to establish a drug-free workplace program. “(c) Privacy Protection for Employees Participating in a Drug-Free Workplace Program.—Each drug-free workplace program established with assistance made available under this section shall— “(1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of illegal drug test results and of any participation by an employee in a rehabilitation program; “(2) prohibit the mandatory disclosure of medical information by an employee prior to a confirmed positive illegal drug test; and “(3) require that a medical review officer reviewing illegal drug test results shall report only the final results, limited to those drugs for which the employee tests positive, in writing 112 STAT. 2681–710and in a manner designed to ensure the confidentiality of the results. “(d) Evaluation and Coordination.—Not later than 18 months after the date of enactment of the Drug-Free Workplace Act of 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall— “(1) evaluate the drug-free workplace programs established with assistance made available under this section; and “(2) submit to Congress a report describing the resultsReports. of the evaluation under paragraph (1). “(e) Contract Authority.—In carrying out this section, the Administrator may— “(1) contract with public and private entities to provide assistance related to carrying out the program under this section; and “(2) compensate those entities for provision of that assistance. “(f) Construction.—Nothing in this section may be construed to require an employer who attends a program offered by an intermediary to contract for any service offered by the intermediary. “(g) Authorization.— “(1) In general.—There is authorized to be appropriated to carry out this section, $10,000,000 for fiscal years 1999 and 2000. Amounts made available under this subsection shall remain available until expended. “(2) Small business development centers.—Of the total amount made available under this subsection, not more than the greater of 10 percent or $1,000,000 may be used to carry out section 21(c)(3)(T).”. " SEC. 905. SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—
(1)in subparagraph (R), by striking “and” at the end;
(2)in subparagraph (S), by striking the period at the end and inserting “and”; and
(3)by adding at the end the following: " “(T) providing information and assistance to small business concerns with respect to establishing drug-free workplace programs on or before October 1, 2000.”. " TITLE X—CANYON FERRY RESERVOIR, MONTANA, ACT SECTION 1001. FINDINGS. Congress finds that the conveyance of the properties described in section 4(b) to the lessees of those properties for fair market value would have the beneficial results of—
(1)reducing Pick-Sloan project debt for the Canyon Ferry Unit;
(2)providing a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to—
(A)restore and conserve fisheries habitat, including riparian habitat;
(B)restore and conserve wildlife habitat;112 STAT. 2681–711
(C)enhance public hunting, fishing, and recreational opportunities; and
(D)improve public access to public land;
(3)eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Federal Government’s ownership of the properties while increasing local tax revenues from the new owners; and
(4)eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the properties. SEC. 1002. PURPOSES. The purposes of this Act are to—
(1)establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain properties around Canyon Ferry Reservoir, Montana, to private parties; and
(2)acquire certain land for fish and wildlife conservation purposes. SEC. 1003. DEFINITIONS. In this Act:
(1)Canyon Ferry-Broadwater County Trust.—The term “Canyon Ferry-Broadwater County Trust” means the Canyon Ferry-Broadwater County Trust established under section 8.
(2)CFRA.—The term “CFRA” means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation.
(3)Commissioners.—The term “Commissioners” means the Board of Commissioners for Broadwater County, Montana.
(4)Lease.—The term “lease” means a lease or permit in effect on the date of enactment of this Act that gives a leaseholder the right to occupy a property.
(5)Lessee.—The term “lessee” means—
(A)the leaseholder of 1 of the properties on the date of enactment of this Act; and
(B)the leaseholder’s heirs, executors, and assigns of the leasehold interest in the property.
(6)Montana fish and wildlife conservation trust.—The term “Montana Fish and Wildlife Conservation Trust” means the Montana Fish and Wildlife Conservation Trust established under section 7.
(7)Project.—The term “project” means the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Project.
(8)Property.—
(A)In general.—The term “property” means 1 of the cabin sites described in section 4(b).
(B)Use in the plural.—The term “properties” means all 265 of the properties and any contiguous parcels referred to in section 4(b)(1)(B).
(9)Purchaser.—The term “purchaser” means a person or entity, excluding CFRA or a lessee, that purchases the properties under section 4.
(10)Reservoir.—The term “Reservoir” means the Canyon Ferry Reservoir, Montana.
(11)Secretary.—The term “Secretary” means the Secretary of the Interior.
(12)State.—The term “State” means the State of Montana.112 STAT. 2681–712 SEC. 1004. SALE OF PROPERTIES.
(a)In General.—Consistent with the Act of June 17, 1902 (32 Stat. 388, chapter 1093) and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary shall convey to CFRA or a purchaser—
(1)all right, title, and interest (except the mineral estate) of the United States in and to the properties, subject to valid existing rights and the operational requirements of the Pick-Sloan Missouri River Basin Program; and
(2)perpetual easements for—
(A)vehicular access to each property;
(B)access to and use of 1 dock per property; and
(C)access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of enactment of this Act.
(b)Description of Properties.—
(1)In general.—The properties to be conveyed are—
(A)the 265 cabin sites of the Bureau of Reclamation located along the northern end of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; and
(B)any small parcel contiguous to any property (not including shoreline or land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate an inholding and facilitate administration of surrounding land remaining in Federal ownership.
(2)Acreage; legal description.—The acreage and legal description of each property and of each parcel shall be determined by the Secretary in consultation with CFRA.
(3)Restrictive use covenant.—
(A)In general.—In order to maintain the unique character of the Reservoir area, the Secretary, the purchaser, CFRA, and each subsequent owner of each property shall covenant that the use restrictions to carry out subparagraphs
(B)and
(C)shall—
(i)be appurtenant to, and run, with each property; and
(ii)be binding on each subsequent owner of each property.
(B)Access to reservoir.—
(i)In general.—The Secretary, the purchaser, CFRA, and the subsequent owners of each property shall ensure that—
(I)public access to and along the shoreline of the Reservoir in existence on the date of enactment of this Act is not obstructed; and
(II)adequate public access to and along the shoreline of the Reservoir is maintained.
(ii)Federal reclamation law.—
(I)In general.—No conveyance of property under this Act shall restrict or limit the authority or ability of the Secretary to fulfill the duties of the Secretary under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental 112 STAT. 2681–713to and amendatory of that Act (43 U.S.C. 371 et seq.).
(II)No liability.—The operation of the Reservoir by the Secretary in fulfillment of the duties described in subclause
(I)shall not result in liability for damages, direct or indirect, to the owner of any property conveyed under section 4(a) or damages from any loss of use or enjoyment of the property.
(C)Historical use.—The Secretary, the purchaser, CFRA, and each subsequent owner of each property shall covenant that future uses of the property shall be limited to the type and intensity of uses in existence on the date of enactment of this Act, as limited by the prohibitions contained in the annual operating plan of the Bureau of Reclamation for the Reservoir in effect on October 1, 1998.
(c)Purchase Process.—
(1)In general.—The Secretary shall—
(A)solicit sealed bids for the properties;
(B)subject to paragraph (2), sell the properties to the bidder that submits the highest bid above the minimum bid determined under paragraph (2); and
(C)not accept any bid for less than all of the properties in 1 transaction.
(2)Minimum bid.—
(A)In general.—Before accepting bids, the Secretary shall establish a minimum bid, which shall be equal to the fair market value of the properties determined by an appraisal of each property, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition.
(B)Fair market value.—Any dispuste over the fair market value of a property under subparagraph
(A)shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations.
(3)Right of first refusal.—If the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the properties at a price equal to the amount of the highest bid.
(d)Terms of conveyance.—
(1)Purchaser.—If the highest bidder is other than CFRA, and CFRA does not match the highest bid, the following shall apply:
(A)Payment.—The purchaser shall pay the amount bid to the Secretary for distribution in accordance with section 6.
(B)Conveyance.—The Secretary shall convey the properties to the purchaser.
(C)Option to purchase.—The purchaser shall give each lessee of a property conveyed under this section an option to purchase the property at fair market value, as determined under subsection (c)(2).
(D)Nonpurchasing lessees.—
(i)Right to continue lease.—A lessee that is unable or unwilling to purchase a property shall be provided the opportunity to continue to lease the 112 STAT. 2681–714property for fair market value rent under the same terms and conditions as apply under the existing lease for the property, and shall have the right to renew the term of the existing lease for 2 consecutive 5-year terms.
(ii)Compensation for improvements.—If a lessee declines to purchase a property, the purchaser shall compensate the lessee for the fair market value, as determined pursuant to customary appraisal procedures, of all improvements made to the property by the lessee. The lessee may sell the improvements to the purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals under clause (i).
(2)CFRA.—If CFRA is the highest bidder, or matches the highest bid, the following shall apply:
(A)Closing.—On receipt of a purchase request from a lessee or CFRA, the Secretary shall close on the property and prepare all other properties for closing within 45 days.
(B)Payment.—At the closing for a property—
(i)the lessee or CFRA shall deliver to the Secretary payment for the property, which the Secretary shall distribute in accordance with section 6; and
(ii)the Secretary shall convey the property to the lessee or CFRA.
(C)Appraisal.—The Secretary shall determine the purchase amount of each property based on the appraisal conducted under subsection (c)(2), the amount of the bid under subsection (c)(1), and the proportionate share of administrative costs pursuant to subsection (e). The total purchase amount for all properties shall equal the total bid amount plus administrative costs under subsection (e).
(D)Timing.—CFRA and the lessees shall purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 12 months after title to the first property is conveyed by the Secretary to a lessee.
(E)Right to renew.—The Secretary shall afford the lessees who have not purchased properties under this section the right to renew the term of the existing lease for 2 (but not more than 2) consecutive 5-year terms.
(F)Reimbursement.—A lessee shall reimburse CFRA for a proportionate share of the costs to CFRA of completing the transactions contemplated by this Act, including any interest charges.
(G)Rental payments.—All rent received from the leases shall be distributed by the Secretary in accordance with section 6.
(e)Administrative Costs.—Any reasonable administrative costs incurred by the Secretary, including the costs of survey and appraisals, incident to the conveyance under subsection
(a)shall be reimbursed by the purchaser or CFRA.
(f)Timing.—The Secretary shall make every effort to complete the conveyance under subsection
(a)not later than 1 year after the satisfaction of the condition established by section 8(b).112 STAT. 2681–715
(g)Closings.—Real estate closings to complete the conveyance under subsection
(a)may be staggered to facilitate the conveyance as agreed to by the Secretary and the purchaser or CFRA.
(h)Conveyance to Lessee.—If a lessee purchases a property from the purchaser or CFRA, the Secretary, at the request of the lessee, shall have the conveyance documents prepared in the name or names of the lessee so as to minimize the amount of time and number of documents required to complete the closing for the property. SEC. 1005. AGREEMENT.
(a)Management of Silo’s Campground.—Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Commissioner of Reclamation, shall—
(1)offer to contract with the Commissioners to manage the Silo’s campground;
(2)enter into such a contract if agreed to by the Secretary and the Commissioners; and
(3)grant necessary easements for access roads within and adjacent to the Silo’s campground.
(b)Concession Income.—Any income generated by any concession that may be granted by the Commissioners at the Silo’s recreation area—
(1)shall be deposited in the Canyon Ferry-Broadwater County Trust; and
(2)may be disbursed by the Canyon Ferry-Broadwater County Trust manager as part of the income of the Trust. SEC. 1006. USE OF PROCEEDS. Notwithstanding any other provision of law, proceeds of conveyances under this Act shall be available, without further Act of appropriation, as follows:
(1)10 percent of the proceeds shall be applied by the Secretary of the Treasury to reduce the outstanding debt for the Pick-Sloan project at the Reservoir.
(2)90 percent of the proceeds shall be deposited in the Montana Fish and Wildlife Conservation Trust. SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.
(a)Establishment.—The Secretary, in consultation with the State congressional delegation and the Governor of the State, shall establish a nonprofit charitable permanent perpetual public trust in the State, to be known as the “Montana Fish and Wildlife Conservation Trust” (referred to in this section as the “Trust”).
(b)Purpose.—The purpose of the Trust shall be to provide a permanent source of funding to acquire publicly accessible land and interests in land, including easements and conservation easements, in the State from willing sellers at fair market value to—
(1)restore and conserve fisheries habitat, including riparian habitat;
(2)restore and conserve wildlife habitat;
(3)enhance public hunting, fishing, and recreational opportunities; and
(4)improve public access to public land.
(c)Administration.—
(1)Trust manager.—The Trust shall be managed by a trust manager, who—112 STAT. 2681–716
(A)shall be responsible for investing the corpus of the Trust; and
(B)shall disburse funds from the Trust on receiving a request for disbursement from a majority of the members of the Joint State-Federal Agency Board established under paragraph
(2)and after determining, in consultation with the Citizen Advisory Board established under paragraph
(3)and after consideration of any comments submitted by members of the public, that the request meets the purpose of the Trust under subsection
(b)and the requirements of subsections
(d)and (e).
(2)Joint state-federal agency board.—
(A)Establishment.—There is established a Joint State-Federal agency Board, which shall consist of—
(i)1 Forest Service employee employed in the State designated by the Forest Service;
(ii)1 Bureau of Land Management employee employed in the State designated by the Bureau of Land Management;
(iii)1 Bureau of Reclamation employee employed in the State designated by the Bureau of Reclamation;
(iv)1 United States Fish and Wildlife Service employee employed in the State designated by the United States Fish and Wildlife Service; and
(v)1 Montana Department of Fish, Wildlife and Parks employee designated by the Department.
(B)Requests for disbursement.—After consulting with the Citizen Advisory Board established under paragraph
(3)and after consideration of the Trust plan prepared under paragraph (3)(C) and of any comments or requests submitted by members of the public, the Joint State-Federal Agency Board, by a vote of a majority of its members, may submit to the Trust Manager a request for disbursement if the Board determines that the request meets the purpose of the Trust.
(3)Citizen advisory board.—
(A)In general.—The Secretary shall nominate, and the Joint State-Federal Agency Board shall approve by a majority vote, a Citizen Advisory Board.
(B)Membership.—The Citizen Advisory Board shall consist of 4 members, including 1 with a demonstrated commitment to improving public access to public land and to fish and wildlife conservation, from each of—
(i)a Montana organization representing agricultural landowners;
(ii)a Montana organization representing hunters;
(iii)a Montana organization representing fishermen; and
(iv)a Montana nonprofit land trust or environmental organization.
(C)Duties.—The Citizen Advisory Board, in consultation with the Joint State-Federal Agency Board and the Montana Association of Counties, shall prepare and periodically update a Trust plan including recommendations for requests for disbursement by the Joint State-Federal Agency Board.112 STAT. 2681–717
(D)Objectives of plan.—The Trust plan shall be designed to maximize the effectiveness of Montana Fish and Wildlife Conservation Trust expenditures considering—
(i)public needs and requests;
(ii)availability of property;
(iii)alternative sources of funding; and
(iv)availability of matching funds.
(4)Public notice and comment.—Before requesting any disbursements under paragraph (2), the Joint State-Federal Agency Board shall—
(A)notify members of the public, including local governments; and
(B)provide opportunity for public comment.
(d)Use.—
(1)Principal.—The principal of the Trust shall be inviolate.
(2)Earnings.—Earnings on amounts in the Trust shall be used to carry out subsection
(b)and to administer the Trust and Citizen Advisory Board.
(3)Local purposes.—Not more than 50 percent of the income from the Trust in any year shall be used outside the watershed of the Missouri River in the State, from Holter Dam upstream to the confluence of the Jefferson River, Gallatin River, and Madison River.
(e)Management.—Land and interests in land acquired under this section shall be managed for the purpose described in subsection (b). SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST.
(a)Establishment.—The Commissioners shall establish a non-profit charitable permanent perpetual public trust to be known as the “Canyon Ferry-Broadwater County Trust” (referred to in this section as the “Trust”).
(b)Priority of Trust Establishment.—
(1)Condition to sale.—No sale of property under section 4 shall be made until at least $3,000,000, or a lesser amount as offset by in-kind contributions made before full funding of the trust, is deposited as the initial corpus of the Trust.
(2)In-kind contributions.—
(A)In general.—In-kind contributions—
(i)shall be approved in advance by the Commissioners;
(ii)shall be made in Broadwater County;
(iii)shall be related to the improvement of access to the portions of the Reservoir lying within Broadwater County or to the creation and improvement of new and existing recreational areas within Broadwater County; and
(iv)shall not include any contribution made by Broadwater County.
(B)Approval.—Approval by the Commissioners of an in-kind contribution under subparagraph
(A)shall include approval of the value, nature, and type of the contribution and of the entity that makes the contribution.
(3)Interest.—Notwithstanding any other provision of this Act, all interest earned on the principal of the Trust shall 112 STAT. 2681–718be reinvested and considered part of its corpus until the condition stated in paragraph
(1)is met.
(c)Trust Management.—
(1)Trust manager.—The Trust shall be managed by a nonprofit foundation or other independent trustee to be selected by the Commissioners.
(2)Use.—The Trust manager shall invest the corpus of the Trust and disburse funds as follows:
(A)Principal.—A sum not to exceed $500,000 may be expended from the corpus to pay for the planning and construction of a harbor at the Silo’s recreation area.
(B)Interest.—The balance of the Trust shall be held and the income shall be expended annually for the improvement of access to the portions of the Reservoir lying within Broadwater County, Montana, and for the creation and improvement of new and existing recreational areas within Broadwater County.
(3)Disbursement.—The Trust manager—
(A)shall approve or reject any request for disbursement; and
(B)shall not make any expenditure except on the recommendation of the advisory committee established under subsection (d).
(d)Advisory Committee.—
(1)Establishment.—The Commissioners shall appoint an advisory committee consisting of not fewer than 3 nor more than 5 persons.
(2)Duties.—The advisory committee shall meet on a regular basis to establish priorities and make requests for the disbursement of funds to the Trust manager.
(3)Approval by the commissioners.—The advisory committee shall recommend only such expenditures as are approved by the Commissioners.
(e)No Offset.—Neither the corpus nor the income of the Trust shall be used to reduce or replace the regular operating expenses of the Secretary at the Reservoir, unless approved by the Commissioners. SEC. 1009. AUTHORIZATION.
(a)In General.—The Secretary is authorized to—
(1)investigate, plan, construct, operate, and maintain public recreational facilities on land withdrawn or acquired for the development of the project;
(2)conserve the scenery, the natural historic, paleontologic, and archaeologic objects, and the wildlife on the land;
(3)provide for public use and enjoyment of the land and of the water areas created by the project by such means as are consistent with but subordinate to the purposes of the project; and
(4)investigate, plan, construct, operate, and maintain facilities for the conservation of fish and wildlife resources.
(b)Costs.—The costs (including operation and maintenance costs) of carrying out subsection
(a)shall be nonreimbursable and nonreturnable under Federal reclamation law.112 STAT. 2681–719 TITLE XI—Internet Tax Freedom Act.[47 USC 151 note](/us/usc/t47/s151).MORATORIUM ON CERTAIN TAXES SEC. 1100. SHORT TITLE. This title may be cited as the “Internet Tax Freedom Act”. SEC. 1101. MORATORIUM.
(a)Moratorium.—No State or political subdivision thereof shall impose any of the following taxes during the period beginning on October 1, 1998, and ending 3 years after the date of the enactment of this Act—
(1)taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and
(2)multiple or discriminatory taxes on electronic commerce.
(b)Preservation of State and Local Taxing Authority.—Except as provided in this section, nothing in this title shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or superseding of, any State or local law pertaining to taxation that is otherwise permissible by or under the Constitution of the United States or other Federal law and in effect on the date of enactment of this Act.
(c)Liabilities and Pending Cases.—Nothing in this title affects liability for taxes accrued and enforced before the date of enactment of this Act, nor does this title affect ongoing litigation relating to such taxes.
(d)Definition of Generally Imposed and Actually Enforced.—For purposes of this section, a tax has been generally imposed and actually enforced prior to October 1, 1998, if, before that date, the tax was authorized by statute and either—
(1)a provider of Internet access services had a reasonable opportunity to know by virtue of a rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; or
(2)a State or political subdivision thereof generally collected such tax on charges for Internet access.
(e)Exception to Moratorium.—
(1)In general.—Subsection
(a)shall also not apply in the case of any person or entity who knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors unless such person or entity has restricted access by minors to material that is harmful to minors—
(A)by requiring use of a credit card, debit account, adult access code, or adult personal identification number;
(B)by accepting a digital certificate that verifies age; or
(C)by any other reasonable measures that are feasible under available technology.
(2)Scope of exception.—For purposes of paragraph (1), a person shall not be considered to making a communication for commercial purposes of material to the extent that the person is—
(A)a telecommunications carrier engaged in the provision of a telecommunications service;112 STAT. 2681–720
(B)a person engaged in the business of providing an Internet access service;
(C)a person engaged in the business of providing an Internet information location tool; or
(D)similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the communication.
(3)Definitions.—In this subsection:
(A)By Means of the world wide web.—The term “by means of the World Wide Web” means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols.
(B)Commercial purposes; engaged in the business.—
(i)Commercial purposes.—A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications.
(ii)Engaged in the business.—The term “engaged in the business” means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person’s trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person’s sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web.
(C)Internet.—The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Intemet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
(D)Internet access service.—The term “Internet access service” means a service that enables users to access content, information, electronic mail, or other services offered over the Internet and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services.
(E)Internet information location tool.—The term “Internet information location tool” means a service that 112 STAT. 2681–721refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links.
(F)Material that is harmful to minors.—The term “material that is harmful to minors” means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that—
(i)the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest;
(ii)depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and
(iii)taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
(G)Minor.—The term “minor” means any person under 17 years of age.
(H)Telecommunications carrier; telecommunications service.—The terms “telecommunications carrier” and “telecommunications service” have the meanings given such terms in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(f)Additional Exception to Moratorium.—
(1)In general.—Subsection
(a)shall also not apply with respect to an Internet access provider, unless, at the time of entering into an agreement with a customer for the provision of Internet access services, such provider offers such customer (either for a fee or at no charge) screening software that is designed to permit the customer to limit access to material on the Internet that is harmful to minors.
(2)Definitions.—In this subsection:
(A)Internet access provider.—The term ‘Internet access provider’ means a person engaged in the business of providing a computer and communications facility through which a customer may obtain access to the Internet, but does not include a common carrier to the extent that it provides only telecommunications services.
(B)Internet access services.—The term ‘Internet access services’ means the provision of computer and communications services through which a customer using a computer and a modem or other communications device may obtain access to the Internet, but does not include telecommunications services provided by a common carrier.
(C)Screening software.—The term “screening software” means software that is designed to permit a person to limit access to material on the Internet that is harmful to minors.
(3)Applicability.—Paragraph
(1)shall apply to agreements for the provision of Internet access services entered into on or after the date that is 6 months after the date of enactment of this Act.112 STAT. 2681–722 SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.
(a)Establishment of Commission.—There is established a commission to be known as the Advisory Commission on Electronic Commerce (in this title referred to as the “Commission”). The Commission shall—
(1)be composed of 19 members appointed in accordance with subsection (b), including the chairperson who shall be selected by the members of the Commission from among themselves; and
(2)conduct its business in accordance with the provisions of this title.
(b)Membership.—
(1)In general.—The Commissioners shall serve for the life of the Commission. The membership of the Commission shall be as follows:
(A)3 representatives from the Federal Government, comprised or the Secretary of Commerce, the Secretary of the Treasury, and the United States Trade Representative (or their respective delegates).
(B)8 representatives from State and local governments (one such representative shall be from a State or local government that does not impose a sales tax and one representative shall be from a State that does not impose an income tax).
(C)8 representatives of the electronic commerce industry (including small business), telecommunications carriers, local retail businesses, and consumer groups, comprised of—
(i)5 individuals appointed by the Majority Leader of the Senate;
(ii)3 individuals appointed by the Minority Leader of the Senate;
(iii)5 individuals appointed by the Speaker of the House of Representatives; and
(iv)3 individuals appointed by the Minority Leader of the House of Representatives.
(2)Appointments.—Appointments to the Commission shall be made not later than 45 days after the date of the enactment of this Act. The chairperson shall be selected not later than 60 days after the date of the enactment of this Act.
(3)Vacancies.—Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(c)Acceptance of Gifts and Grants.—The Commission may accept, use, and dispose of gifts or grants of services or property, both real and personal, for purposes of aiding or facilitating the work of the Commission. Gifts or grants not used at the expiration of the Commission shall be returned to the donor or grantor.
(d)Other Resources.—The Commission shall have reasonable access to materials, resources, data, and other information from the Department of Justice, the Department of Commerce, the Department of State, the Department of the Treasury, and the Office of the United States Trade Representative. The Commission shall also have reasonable access to use the facilities of any such Department or Office for purposes of conducting meetings.
(e)Sunset.—The Commission shall terminate 18 months after the date of the enactment of this Act.112 STAT. 2681–723
(f)Rules of the commission.—
(1)Quorum.—Nine members of the Commission shall constitute a quorum for conducting the business of the Commission.
(2)Meetings.—Any meetings held by the Commission shall be duly noticed at least 14 days in advance and shall be open to the public.
(3)Opportunities to testify.—The Commission shall provide opportunities for representatives of the general public, taxpayer groups, consumer groups, and State and local government officials to testify.
(4)Additional rules.—The Commission may adopt other rules as needed.
(g)Duties of the Commission.—
(1)In general.—The Commission shall conduct a thorough study of Federal, State and local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable intrastate, interstate or international sales activities.
(2)Issues to be studied.—The Commission may include in the study under subsection (a)—
(A)an examination of—
(i)barriers imposed in foreign markets on United States providers of property, goods, services, or information engaged in electronic commerce and on United States providers of telecommunications services; and
(ii)how the imposition of such barriers will affect United States consumers, the competitiveness of United States citizens providing property, goods, services, or information in foreign markets, and the growth and maturing of the Internet;
(B)an examination of the collection and administration of consumption taxes on electronic commerce in other countries and the United States, and the impact of such collection on the global economy, including an examination of the relationship between the collection and administration of such taxes when the transaction uses the Internet and when it does not;
(C)an examination of the impact of the Internet and Internet access (particularly voice transmission) on the revenue base for taxes imposed under section 4251 of the Internal Revenue Code of 1986;
(D)an examination of model State legislation that—
(i)would provide uniform definitions of categories of property, goods, service, or information subject to or exempt from sales and use taxes; and
(ii)would ensure that Internet access services, online services, and communications and transactions using the Internet, Internet access service, or online services would be treated in a tax and technologically neutral manner relative to other forms of remote sales;
(E)an examination of the effects of taxation, including the absence of taxation, on all interstate sales transactions, including transactions using the Internet, on retail businesses and on State and local governments, which examination may include a review of the efforts of State 112 STAT. 2681–724and local governments to collect sales and use taxes owed on in-State purchases from out-of-State sellers; and
(F)the examination of ways to simplify Federal and State and local taxes imposed on the provision of telecommunications services.
(3)Effect on the communications act of 1934.—Nothing in this section shall include an examination of any fees or charges imposed by the Federal Communications Commission or States related to—
(A)obligations under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or
(B)the implementation of the Telecommunications Act of 1996 (or of amendments made by that Act).
(h)National Tax Association Communications and Electronic Commerce Tax Project.—The Commission shall, to the extent possible, ensure that its work does not undermine the efforts of the National Tax Association Communications and Electronic Commerce Tax Project. SEC. 1103. REPORT. Not later than 18 months after the date of the enactment of this Act, the Commission shall transmit to Congress for its consideration a report reflecting the results, including such legislative recommendations as required to address the findings of the Commission’s study under this title. Any recommendation agreed to by the Commission shall be tax and technologically neutral and apply to all forms of remote commerce. No finding or recommendation shall be included in the report unless agreed to by at least two-thirds of the members of the Commission serving at the time the finding or recommendation is made. SEC. 1104. DEFINITIONS. For the purposes of this title:
(1)Bit tax.—The term “bit tax” means any tax on electronic commerce expressly imposed on or measured by the volume of digital information transmitted electronically, or the volume of digital information per unit of time transmitted electronically, but does not include taxes imposed on the provision of telecommunications services.
(2)Discriminatory tax.—The term “discriminatory tax” means—
(A)any tax imposed by a State or political subdivision thereof on electronic commerce that—
(i)is not generally imposed and legally collectible by such State or such political subdivision on transactions involving similar property, goods, services, or information accomplished through other means;
(ii)is not generally imposed and legally collectible at the same rate by such State or such political subdivision on transactions involving similar property, goods, services, or information accomplished through other means, unless the rate is lower as part of a phaseout of the tax over not more than a 5-year period;
(iii)imposes an obligation to collect or pay the tax on a different person or entity than in the case of transactions involving similar property, goods, services, or information accomplished through other means;112 STAT. 2681–725
(iv)establishes a classification of Internet access service providers or online service providers for purposes of establishing a higher tax rate to be imposed on such providers than the tax rate generally applied to providers of similar information services delivered through other means; or
(B)any tax imposed by a State or political subdivision thereof, if—
(i)except with respect to a tax (on Internet access) that was generally imposed and actually enforced prior to October 1, 1998, the sole ability to access a site on a remote seller’s out-of-State computer server is considered a factor in determining a remote seller’s tax collection obligation; or
(ii)a provider of Internet access service or online services is deemed to be the agent of a remote seller for determining tax collection obligations solely as a result of—
(I)the display of a remote seller’s information or content on the out-of-State computer server of a provider of Internet access service or online services; or
(II)the processing of orders through the out-of-State computer server of a provider of Internet access service or online services.
(3)Electronic commerce.—The term “electronic commerce” means any transaction conducted over the Internet or through Internet access, comprising the sale, lease, license, offer, or delivery of property, goods, services, or information, whether or not for consideration, and includes the provision of Internet access.
(4)Internet.—The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Intemet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
(5)Internet access.—The term “Internet access” means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to users. Such term does not include telecommunications services.
(6)Multiple tax.—
(A)In general.—The term “multiple tax” means any tax that is imposed by one State or political subdivision thereof on the same or essentially the same electronic commerce that is also subject to another tax imposed by another State or political subdivision thereof (whether or not at the same rate or on the same basis), without a credit (for example, a resale exemption certificate) for taxes paid in other jurisdictions.
(B)Exception.—Such term shall not include a sales or use tax imposed by a State and 1 or more political subdivisions thereof on the same electronic commerce or 112 STAT. 2681–726a tax on persons engaged in electronic commerce which also may have been subject to a sales or use tax thereon.
(C)Sales or use tax.—For purposes of subparagraph (B), the term “sales or use tax” means a tax that is imposed on or incident to the sale, purchase, storage, consumption, distribution, or other use of tangible personal property or services as may be defined by laws imposing such tax and which is measured by the amount of the sales price or other charge for such property or service.
(7)State.—The term “State” means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States.
(8)Tax.—
(A)In general.—The term “tax” means—
(i)any charge imposed by any governmental entity for the purpose of generating revenues for governmental purposes, and is not a fee imposed for a specific privilege, service, or benefit conferred; or
(ii)the imposition on a seller of an obligation to collect and to remit to a governmental entity any sales or use tax imposed on a buyer by a governmental entity.
(B)Exception.—Such term does not include any franchise fee or similar fee imposed by a State or local franchising authority, pursuant to section 622 or 653 of the Communications Act of 1934 (47 U.S.C. 542, 573), or any other fee related to obligations or telecommunications carriers under the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(9)Telecommunications service.—The term “telecommunications service” has the meaning given such term in section 3(46) of the Communications Act of 1934 (47 U.S.C. 153(46)) and includes communications services (as defined in section 4251 of the Internal Revenue Code of 1986).
(10)Tax on internet access.—The term “tax on Internet access” means a tax on Internet access, including the enforcement or application of any new or preexisting tax on the sale or use of Internet services unless such tax was generally imposed and actually enforced prior to October 1,1998. TITLE XII—OTHER PROVISIONS SEC. 1201. DECLARATION THAT INTERNET SHOULD BE FREE OF NEW FEDERAL TAXES. It is the sense of Congress that no new Federal taxes similar to the taxes described in section 1101(a) should be enacted with respect to the Internet and Internet access during the moratorium provided in such section. SEC. 1202. NATIONAL TRADE ESTIMATE. Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is amended—
(1)in subsection (a)(1)—
(A)in subparagraph (A)—
(i)by striking “and” at the end of clause (i);
(ii)by inserting “and” at the end of clause (ii); and112 STAT. 2681–727
(iii)by inserting after clause
(ii)the following new clause: " “(iii) United States electronic commerce,”; and "
(B)in subparagraph (C)—
(i)by striking “and” at the end of clause (i);
(ii)by inserting “and” at the end of clause (ii);
(iii)by inserting after clause
(ii)the following new clause: " “(iii) the value of additional United States electronic commerce,”; and "
(iv)by inserting “or transacted with,” after “or invested in”;
(2)in subsection (a)(2)(E)—
(A)by striking “and” at the end of clause (i);
(B)by inserting “and” at the end of clause (ii); and
(C)by inserting after clause
(ii)the following new clause: " “(iii) the value of electronic commerce transacted with,”; and "
(3)by adding at the end the following new subsection: " “(d) Electronic Commerce.—For purposes of this section, the term ‘electronic commerce’ has the meaning given that term in section 1104(3) of the Internet Tax Freedom Act.”. " SEC. 1203.[19 USC 2241 note](/us/usc/t19/s2241). DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS.
(a)In General.—It is the sense of Congress that the President should seek bilateral, regional, and multilateral agreements to remove barriers to global electronic commerce through the World Trade Organization, the Organization for Economic Cooperation and Development, the Trans-Atlantic Economic Partnership, the Asia Pacific Economic Cooperation forum, the Free Trade Area of the America, the North American Free Trade Agreement, and other appropriate venues.
(b)Negotiating Objectives.—The negotiating objectives of the United States shall be—
(1)to assure that electronic commerce is free from—
(A)tariff and nontariff barriers;
(B)burdensome and discriminatory regulation and standards; and
(C)discriminatory taxation; and
(2)to accelerate the growth of electronic commerce by expanding market access opportunities for—
(A)the development of telecommunications infrastructure;
(B)the procurement of telecommunications equipment;
(C)the provision of Internet access and telecommunications services; and
(D)the exchange of goods, services, and digitalized information.
(c)Electronic Commerce.—For purposes of this section, the term “electronic commerce” has the meaning given that term in section 1104(3).112 STAT. 2681–728 SEC. 1204. NO EXPANSION OF TAX AUTHORITY.[19 USC 2241 note](/us/usc/t19/s2241). Nothing in this title shall be construed to expand the duty of any person to collect or pay taxes beyond that which existed immediately before the date of the enactment of this Act. SEC. 1205. PRESERVATION OF AUTHORITY.[19 USC 2241 note](/us/usc/t19/s2241). Nothing in this title shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (Public Law 104–104) or the amendments made by such Act. SEC. 1206. SEVERABILITY.[19 USC 2241 note](/us/usc/t19/s2241). If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected. TITLE XIII—CHILDREN’S ONLINE PRIVACY PROTECTIONChildren’s Online Privacy Protection Act of 1998.[15 USC 6501 note](/us/usc/t15/s6501).[15 USC 6501.](/us/usc/t15/s6501) SEC. 1301. SHORT TITLE. This title may be cited as the “Children’s Online Privacy Protection Act of 1998”. SEC. 1302. DEFINITIONS. In this title:
(1)Child.—The term “child” means an individual under the age of 13.
(2)Operator.—The term “operator”—
(A)means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce—
(i)among the several States or with 1 or more foreign nations;
(ii)in any territory of the United States or in the District of Columbia, or between any such territory and—
(I)another such territory; or
(II)any State or foreign nation; or
(iii)between the District of Columbia and any State, territory, or foreign nation; but
(B)does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(3)Commission.—The term “Commission” means the Federal Trade Commission.
(4)Disclosure.—The term “disclosure” means, with respect to personal information—
(A)the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the 112 STAT. 2681–729internal operations of the website and does not disclose or use that information for any other purpose; and
(B)making personal information collected from a child by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through—
(i)a home page of a website;
(ii)a pen pal service;
(iii)an electronic mail service;
(iv)a message board; or
(v)a chat room.
(5)Federal agency.—The term “Federal agency” means an agency, as that term is defined in section 551(1) of title 5, United States Code.
(6)Internet.—The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/lnternet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
(7)Parent.—The term “parent” includes a legal guardian.
(8)Personal information.—The term “personal information” means individually identifiable information about an individual collected online, including—
(A)a first and last name;
(B)a home or other physical address including street name and name of a city or town;
(C)an e-mail address;
(D)a telephone number;
(E)a Social Security number;
(F)any other identifier that the Commission determines permits the physical or online contacting of a specific individual; or
(G)information concerning the child or the parents of that child that the website collects online from the child and combines with an identifier described in this paragraph.
(9)Verifiable parental consent.—The term “verifiable parental consent” means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.
(10)Website or online service directed to children.—
(A)In general.—The term “website or online service directed to children” means—
(i)a commercial website or online service that is targeted to children; or
(ii)that portion of a commercial website or online service that is targeted to children.112 STAT. 2681–730
(B)Limitation.—A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link.
(11)Person.—The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.
(12)Online contact information.—The term “online contact information” means an e-mail address or another substantially similar identifier that permits direct contact with a person online. SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.[15 USC 6502](/us/usc/t15/s6502).
(a)Acts Prohibited.—
(1)In general.—It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b).
(2)Disclosure to parent protected.—Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator’s agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of personal information under subsection (b)(1)(B)(iii) to the parent of a child.
(b)Regulations.—
(1)In general.—Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that—
(A)require the operator of any website or online service directed to children that collects personal information from children or the operator of a website or online service that has actual knowledge that it is collecting personal information from a child—
(i)to provide notice on the website of what informationNotice. is collected from children by the operator, how the operator uses such information, and the operator’s disclosure practices for such information; and
(ii)to obtain verifiable parental consent for the collection, use, or disclosure of personal information from children;
(B)require the operator to provide, upon request of a parent under this subparagraph whose child has provided personal information to that website or online service, upon proper identification of that parent, to such parent—
(i)a description of the specific types of personal information collected from the child by that operator;
(ii)the opportunity at any time to refuse to permit the operators further use or maintenance in 112 STAT. 2681–731retrievable form, or future online collection, of personal information from that child; and
(iii)notwithstanding any other provision of law, a means that is reasonable under the circumstances for the parent to obtain any personal information collected from that child;
(C)prohibit conditioning a child’s participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity; and
(D)require the operator of such a website or online service to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children.
(2)When consent not required.—The regulations shall provide that verifiable parental consent under paragraph (1)(A)(ii) is not required in the case of—
(A)online contact information collected from a child that is used only to respond directly on a one-time basis to a specific request from the child and is not used to recontact the child and is not maintained in retrievable form by the operator;
(B)a request for the name or online contact information of a parent or child that is used for the sole purpose of obtaining parental consent or providing notice under this section and where such information is not maintained in retrievable form by the operator if parental consent is not obtained after a reasonable time;
(C)online contact information collected from a child that is used only to respond more than once directly to a specific request from the child and is not used to recontact the child beyond the scope of that request—
(i)if, before any additional response after the initial response to the child, the operator uses reasonable efforts to provide a parent notice of the online contact information collected from the child, the purposes for which it is to be used, and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or
(ii)without notice to the parent in such circumstances as the Commission may determine are appropriate, taking into consideration the benefits to the child of access to information and services, and risks to the security and privacy of the child, in regulations promulgated under this subsection;
(D)the name of the child and online contact information (to the extent reasonably necessary to protect the safety of a child participant on the site)—
(i)used only for the purpose of protecting such safety;
(ii)not used to recontact the child or for any other purpose; and
(iii)not disclosed on the site, if the operator uses reasonable efforts to provide a parent notice of the name and online contact information collected from the child, the purposes for which it is to be used, 112 STAT. 2681–732and an opportunity for the parent to request that the operator make no further use of the information and that it not be maintained in retrievable form; or
(E)the collection, use, or dissemination of such information by the operator of such a website or online service necessary—
(i)to protect the security or integrity of its website;
(ii)to take precautions against liability;
(iii)to respond to judicial process; or
(iv)to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety.
(3)Termination of service.—The regulations shall permit the operator of a website or an online service to terminate service provided to a child whose parent has refused, under the regulations prescribed under paragraph (1)(B)(ii), to permit the operator’s further use or maintenance in retrievable form, or future online collection, of personal information from that child.
(c)Enforcement.—Subject to sections 1304 and 1306, a violation of a regulation prescribed under subsection
(a)shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(d)Inconsistent State Law.—No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this title that is inconsistent with the treatment of those activities or actions under this section. SEC. 1304. SAFE HARBORS.[15 USC 6503](/us/usc/t15/s6503).
(a)Guidelines.—An operator may satisfy the requirements of regulations issued under section 1303(b) by following a set of self-regulatory guidelines, issued by representatives of the marketing or online industries, or by other persons, approved under subsection (b).
(b)Incentives.—
(1)Self-regulatory incentives.—In prescribing regulations under section 1303, the Commission shall provide incentives for self-regulation by operators to implement the protections afforded children under the regulatory requirements described in subsection
(b)of that section.
(2)Deemed compliance.—Such incentives shall include provisions for ensuring that a person will be deemed to be in compliance with the requirements of the regulations under section 1303 if that person complies with guidelines that, after notice and comment, are approved by the Commission upon making a determination that the guidelines meet the requirements of the regulations issued under section 1303.
(3)Expedited response to requests.—The Commission shall act upon requests for safe harbor treatment within 180 days of the filing of the request, and shall set forth in writing its conclusions with regard to such requests.
(c)Appeals.—Final action by the Commission on a request for approval of guidelines, or the failure to act within 180 days on a request for approval of guidelines, submitted under subsection 112 STAT. 2681–733(b) may be appealed to a district court of the United States of appropriate jurisdiction as provided for in section 706 of title 5, United States Code. SEC. 1305.[15 USC 6504](/us/usc/t15/s6504). ACTIONS BY STATES.
(a)In General.—
(1)Civil actions.—In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under section 1303(b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to—
(A)enjoin that practice;
(B)enforce compliance with the regulation;
(C)obtain damage, restitution, or other compensation on behalf of residents of the State; or
(D)obtain such other relief as the court may consider to be appropriate.
(2)Notice.—
(A)In general.—Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Commission—
(i)written notice of that action; and
(ii)a copy of the complaint for that action.
(B)Exemption.—
(i)In general.—Subparagraph
(A)shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before the filing of the action.
(ii)Notification.—In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.
(b)Intervention.—
(1)In general.—On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice.
(2)Effect of intervention.—If the Commission intervenes in an action under subsection (a), it shall have the right—
(A)to be heard with respect to any matter that arises in that action; and
(B)to file a petition for appeal.
(3)Amicus curiae.—Upon application to the court, a person whose self-regulatory guidelines have been approved by the Commission and are relied upon as a defense by any defendant to a proceeding under this section may file amicus curiae in that proceeding.
(c)Construction.—For purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—112 STAT. 2681–734
(1)conduct investigations;
(2)administer oaths or affirmations; or
(3)compel the attendance of witnesses or the production of documentary and other evidence.
(d)Actions by the Commission.—In any case in which an action is instituted by or on behalf of the Commission for violation of any regulation prescribed under section 1303, no State may, during the pendency of that action, institute an action under subsection
(a)against any defendant named in the complaint in that action for violation of that regulation.
(e)Venue; Service of Process.—
(1)Venue.—Any action brought under subsection
(a)may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code.
(2)Service of process.—In an action brought under subsection (a), process may be served in any district in which the defendant—
(A)is an inhabitant; or
(B)may be found. SEC. 1306. ADMINISTRATION AND APPLICABILITY OF ACT.[15 USC 6505](/us/usc/t15/s6505).
(a)In General.—Except as otherwise provided, this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(b)Provisions.—Compliance with the requirements imposed under this title shall be enforced under—
(1)section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), in the case of—
(A)national banks, and Federal branches and Federal agencies of foreign banks, by the Office of the Comptroller of the Currency;
(B)member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et seq. and 611 et. seq.), by the Board; and
(C)banks insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System) and insured State branches of foreign banks, by the Board of Directors of the Federal Deposit Insurance Corporation;
(2)section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818), by the Director of the Office of Thrift Supervision, in the case of a savings association the deposits of which are insured by the Federal Deposit Insurance Corporation;
(3)the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by the National Credit Union Administration Board with respect to any Federal credit union;
(4)part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation with respect to any air carrier or foreign air carrier subject to that part;
(5)the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et. seq.) (except as provided in section 406 of that Act (7 112 STAT. 2681–735U.S.C. 226, 227)), by the Secretary of Agriculture with respect to any activities subject to that Act; and
(6)the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by the Farm Credit Administration with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association.
(c)Exercise of Certain Powers.—For the purpose of the exercise by any agency referred to in subsection
(a)of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title, any other authority conferred on it by law.
(d)Actions by the Commission.—The Commission shall prevent any person from violating a rule of the Commission under section 1303 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any entity that violates such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title.
(e)Effect on Other Laws.—Nothing contained in the Act shall be construed to limit the authority of the Commission under any other provisions of law. SEC. 1307.[15 USC 6506](/us/usc/t15/s6506). REVIEW. Not later than 5 years after the effective date of the regulations initially issued under section 1303, the Commission shall—
(1)review the implementation of this title, including the effect of the implementation of this title on practices relating to the collection and disclosure of information relating to children, children’s ability to obtain access to information of their choice online, and on the availability of websites directed to children; and (2)Reports. prepare and submit to Congress a report on the results of the review under paragraph (1). SEC. 1308.[15 USC 6501 note](/us/usc/t15/s6501). EFFECTIVE DATE. Sections 1303(a), 1305, and 1306 of this title take effect on the later of—
(1)the date that is 18 months after the date of enactment of this Act; or
(2)the date on which the Commission rules on the first application filed for safe harbor treatment under section 1304 if the Commission does not rule on the first such application within one year after the date of enactment of this Act, but in no case later than the date that is 30 months after the date of enactment of this Act.112 STAT. 2681–736 TITLE XIV—CHILD ONLINE PROTECTIONChild Online Protection Act.[47 USC 609 note](/us/usc/t47/s609). SEC. 1401. SHORT TITLE. This title may be cited as the “Child Online Protection Act”. SEC. 1402. CONGRESSIONAL FINDINGS.[47 USC 231 note](/us/usc/t47/s231). The Congress finds that—
(1)while custody, care, and nurture of the child resides first with the parent, the widespread availability of the Internet presents opportunities for minors to access materials through the World Wide Web in a manner that can frustrate parental supervision or control;
(2)the protection of the physical and psychological wellbeing of minors by shielding them from materials that are harmful to them is a compelling governmental interest;
(3)to date, while the industry has developed innovative ways to help parents and educators restrict material that is harmful to minors through parental control protections and self-regulation, such efforts have not provided a national solution to the problem of minors accessing harmful material on the World Wide Web;
(4)a prohibition on the distribution of material harmful to minors, combined with legitimate defenses, is currently the most effective and least restrictive means by which to satisfy the compelling government interest; and
(5)notwithstanding the existence of protections that limit the distribution over the World Wide Web of material that is harmful to minors, parents, educators, and industry must continue efforts to find ways to protect children from being exposed to harmful material found on the Internet. SEC. 1403. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO MATERIALS COMMERCIALLY DISTRIBUTED BY MEANS OF THE WORLD WIDE WEB THAT ARE HARMFUL TO MINORS. Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section: " “SEC. 231. RESTRICTION OF ACCESS BY MINORS TO MATERIALS COMMERCIALLY DISTRIBUTED BY MEANS OF WORLD WIDE WEB THAT ARE HARMFUL TO MINORS.[47 USC 231](/us/usc/t47/s231). “(a) Requirement to Restrict Access.— “(1) Prohibited conduct.—Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both. “(2) Intentional violations.—In addition to the penalties under paragraph (1), whoever intentionally violates such paragraph shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. “(3) Civil penalty.—In addition to the penalties under paragraphs
(1)and (2), whoever violates paragraph
(1)shall subject to a civil penalty of not more than $50,000 for 112 STAT. 2681–737each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. “(b) Inapplicability of Carriers and Other Service Providers.—For purposes of subsection (a), a person shall not be considered to make any communication for commercial purposes to the extent that such person is— “(1) a telecommunications carrier engaged in the provision of a telecommunications service; “(2) a person engaged in the business of providing an Internet access service; “(3) a person engaged in the business of providing an Internet information location tool; or “(4) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, except that such person’s deletion of a particular communication or material made by another person in a manner consistent with subsection
(c)or section 230 shall not constitute such selection or alteration of the content of the communication. “(c) Affirmative Defense.— “(1) Defense.—It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors— “(A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; “(B) by accepting a digital certificate that verifies age; or “(C) by any other reasonable measures that are feasible under available technology. “(2) Protection for use of defenses.—No cause of action may be brought in any court or administrative agency against any person on account of any activity that is not in violation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense authorized under this subsection or otherwise to restrict or prevent the transmission of, or access to, a communication specified in this section. “(d) Privacy Protection Requirements.— “(1) Disclosure of information limited.—A person making a communication described in subsection (a)— “(A) shall not disclose any information collected for the purposes of restricting access to such communications to individuals 17 years of age or older without the prior written or electronic consent of— “(i) the individual concerned, if the individual is an adult; or “(ii) the individual’s parent or guardian, if the individual is under 17 years of age; and “(B) shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the person making such communication and the recipient of such communication. “(2) Exceptions.—A person making a communication described in subsection
(a)may disclose such information if the disclosure is—112 STAT. 2681–738 “(A) necessary to make the communication or conduct a legitimate business activity related to making the communication; or “(B) made pursuant to a court order authorizing such disclosure. “(e) Definitions.—For purposes of this subsection, the following definitions shall apply: “(1) By means of the world wide web.—The term “by means of the World Wide Web” means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol. “(2) Commercial purposes; engaged in the business.— “(A) Commercial purposes.—A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications. “(B) Engaged in the business.—The term ‘engaged in the business’ means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person’s trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person’s sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web. “(3) Internet.—The term ‘Internet’ means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. “(4) Internet access service.—The term ‘Internet access service’ means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services. “(5) Internet information location tool.—The term ‘Internet information location tool’ means a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links. “(6) Material that is harmful to minors.—The term ‘material that is harmful to minors’ means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that—112 STAT. 2681–739 “(A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; “(B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and “(C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. “(7) Minor.—The term ‘minor’ means any person under 17 years of age.”. " SEC. 1404. NOTICE REQUIREMENT.
(a)Notice.—Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended—
(1)in subsection (d)(1), by inserting “or 231” after “section 223”;
(2)by redesignating subsections
(d)and
(e)as subsections
(e)and (f), respectively; and
(3)by inserting after subsection
(c)the following new subsection: " “(d) Obligations of Interactive Computer Service.—A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections.”. "
(b)Conforming Amendment.—Section 223(h)(2) of the Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking “230(e)(2)” and inserting “230(f)(2)”. SEC. 1405.[47 USC 231 note](/us/usc/t47/s231). STUDY BY COMMISSION ON ONLINE CHILD PROTECTION.
(a)Establishment.—There is hereby established a temporary Commission to be known as the Commission on Online Child Protection (in this section referred to as the “Commission”) for the purpose of conducting a study under this section regarding methods to help reduce access by minors to material that is harmful to minors on the Internet.
(b)Membership.—The Commission shall be composed of 19 members, as follows:
(1)Industry members.—The Commission shall include—
(A)2 members who are engaged in the business of providing Internet filtering or blocking services or software;
(B)2 members who are engaged in the business of providing Internet access services;
(C)2 members who are engaged in the business of providing labeling or ratings services;
(D)2 members who are engaged in the business of providing Internet portal or search services;
(E)2 members who are engaged in the business of providing domain name registration services;112 STAT. 2681–740
(F)2 members who are academic experts in the field of technology; and
(G)4 members who are engaged in the business of making content available over the Internet. Of the members of the Commission by reason of each subparagraph of this paragraph, an equal number shall be appointed by the Speaker of the House of Representatives and by the Majority Leader of the Senate.
(2)Ex officio members.—The Commission shall include the following officials:
(A)The Assistant Secretary (or the Assistant Secretary’s designee).
(B)The Attorney General (or the Attorney General’s designee).
(C)The Chairman of the Federal Trade Commission (or the Chairman’s designee).
(c)Study.—
(1)In general.—The Commission shall conduct a study to identify technological or other methods that—
(A)will help reduce access by minors to material that is harmful to minors on the Internet; and
(B)may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title). Any methods so identified shall be used as the basis for making legislative recommendations to the Congress under subsection (d)(3).
(2)Specific methods.—In carrying out the study, the Commission shall identify and analyze various technological tools and methods for protecting minors from material that is harmful to minors, which shall include (without limitation)—
(A)a common resource for parents to use to help protect minors (such as a “one-click-away” resource);
(B)filtering or blocking software or services;
(C)labeling or rating systems;
(D)age verification systems;
(E)the establishment of a domain name for posting of any material that is harmful to minors; and
(F)any other existing or proposed technologies or methods for reducing access by minors to such material.
(3)Analysis.—In analyzing technologies and other methods identified pursuant to paragraph (2), the Commission shall examine—
(A)the cost of such technologies and methods;
(B)the effects of such technologies and methods on law enforcement entities;
(C)the effects of such technologies and methods on privacy;
(D)the extent to which material that is harmful to minors is globally distributed and the effect of such technologies and methods on such distribution;
(E)the accessibility of such technologies and methods to parents; and
(F)such other factors and issues as the Commission considers relevant and appropriate.
(d)Report.—Not later than 1 year after the enactment of this Act, the Commission shall submit a report to the Congress 112 STAT. 2681–741containing the results of the study under this section, which shall include—
(1)a description of the technologies and methods identified by the study and the results of the analysis of each such technology and method;
(2)the conclusions and recommendations of the Commission regarding each such technology or method;
(3)recommendations for legislative or administrative actions to implement the conclusions of the committee; and
(4)a description of the technologies or methods identified by the study that may meet the requirements for use as affirmative defenses for purposes of section 231(c) of the Communications Act of 1934 (as added by this title).
(e)Staff and Resources.—The Assistant Secretary for Communication and Information of the Department of Commerce shall provide to the Commission such staff and resources as the Assistant Secretary determines necessary for the Commission to perform its duty efficiently and in accordance with this section.
(f)Termination.—The Commission shall terminate 30 days after the submission of the report under subsection (d).
(g)Inapplicability of Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 1406.[47 USC 223 note](/us/usc/t47/s223). EFFECTIVE DATE. This title and the amendments made by this title shall take effect 30 days after the date of enactment of this Act. TITLE XV—Vaccine Injury Compensation Program Modification Act.[26 USC 1 note](/us/usc/t26/s1).VACCINE INJURY COMPENSATION PROGRAM MODIFICATION ACT SECTION 1501. SHORT TITLE. This title may be cited as the “Vaccine Injury Compensation Program Modification Act”. SEC. 1502. ELIMINATION OF THRESHOLD REQUIREMENT OF UNREIMBURSABLE EXPENSES. Section 2111(c)(1)(D)(i) of the Public Health Service Act (42 U.S.C. 300aa–11(c)(1)(D)(i)) is amended by striking “and incurred unreimbursable expenses due in whole or in part to such illness, disability, injury, or condition in an amount greater than $1,000”. SEC. 1503. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.
(a)In General.—Section 4132(1) of the Internal Revenue Code [26 USC 4132](/us/usc/t26/s4132).of 1986 (defining taxable vaccine) is amended by adding at the end the following new subparagraph: " “(K) Any vaccine against rotavirus gastroenteritis.”. " (b)[26 USC 4132 note](/us/usc/t26/s4132). Effective Date.—
(1)Sales.—The amendment made by this section shall apply to sales after the date of the enactment of this Act.
(2)Deliveries.—For purposes of paragraph (1), in the case of sales on or before the date of the enactment of this Act for which delivery is made after such date, the delivery date shall be considered the sale date. SEC. 1504. VACCINE INJURY COMPENSATION TRUST FUND.
(a)Amendments Related to Section 904 of 1997 Act.—112 STAT. 2681–742
(1)Paragraph
(1)of section 9510(c) of the 1986 Code is [26 USC 9510](/us/usc/t26/s9510).amended to read as follows: " “(1) In general.—Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for— “(A) the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on August 6, 1997) for vaccine-related injury or death with respect to any vaccine— “(i) which is administered after September 30, 1988, and “(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time the vaccine was administered, or “(B) the payment of all expenses of administration incurred by the Federal Government in administering such subtitle.”. "
(2)Section 9510(b) of the 1986 Code is amended by adding at the end the following new paragraph: " “(3) Limitation on transfers to vaccine injury compensation trust fund.—No amount may be appropriated to the Vaccine Injury Compensation Trust Fund on and after the date of any expenditure from the Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to— “(A) any provision of law which is not contained or referenced in this title or in a revenue Act, and “(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.”. "
(b)Effective Date.—The amendments made by this section[26 USC 9510 note](/us/usc/t26/s9510). shall take effect as if included in the provisions of the Taxpayer Relief Act of 1997 to which they relate. TITLE XVI—SERVICE CONNECTION FOR PERSIAN GULF WAR ILLNESSESPersian Gulf War Veterans Act of 1998.[38 USC 101 note](/us/usc/t38/s101). SEC. 1601. SHORT TITLE. This title may be cited as the “Persian Gulf War Veterans Act of 1998”. SEC. 1602. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF WAR.
(a)In General.—(1) Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following: " “§ 1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War “(a)(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph
(2)shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.112 STAT. 2681–743 “(2) An illness referred to in paragraph
(1)is any diagnosed or undiagnosed illness that— “(A)Regulations. the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and “(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine. “(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph
(2)shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or medicine or vaccine by reason of such service. “(b)Regulations.(1)(A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. “(B) A determination referred to in subparagraph
(A)is a determination based on sound medical and scientific evidence that a positive association exists between— “(i) the exposure of humans or animals to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Southwest Asia theater of operations during the Persian Gulf War; and “(ii) the occurrence of a diagnosed or undiagnosed illness in humans or animals. “(2)(A) In making determinations for purposes of paragraph (1), the Secretary shall take into account— “(i) the reports submitted to the Secretary by the National Academy of Sciences under section 1603 of the Persian Gulf War Veterans Act of 1998; and “(ii) all other sound medical and scientific information and analyses available to the Secretary. “(B) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. “(3) An association between the occurrence of an illness in humans or animals and exposure to an agent, hazard, or medicine or vaccine shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. “(c)(1) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences 112 STAT. 2681–744under section 1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall determine whether or not a presumption of service connection is warranted for each illness, if any, covered by the report. “(2) If the Secretary determines under this subsection thatRegulations. a presumption of service connection is warranted, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary’s determination. “(3)(A) If the Secretary determines under this subsection thatFederal Register, publication. a presumption of service connection is not warranted, the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The notice shall include an explanation of the scientific basis for the determination. “(B) If an illness already presumed to be service connectedRegulations. under this section is subject to a determination under subparagraph (A), the Secretary shall, not later than 60 days after publication of the notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness. “(4) Not later than 90 days after the date on which the SecretaryRegulations. issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effectiveEffective date. on the date of issuance. “(d) Whenever the presumption of service connection for an illness under this section is removed under subsection (c)— “(1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and “(2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. “(e) Subsections
(b)through
(d)shall cease to be effective 10Termination date. years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.”. "
(2)The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1117 the following new item: " “1118. Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War.”. "
(b)Conforming Amendments.—Section 1113 of title 38, United States Code, is amended—
(1)by striking out “or 1117” each place it appears and inserting in lieu thereof “1117, or 1118”; and
(2)in subsection (a), by striking out “or 1116” and inserting in lieu thereof “, 1116, or 1118”.
(c)Compensation for Undiagnosed Gulf War Illnesses.—Section 1117 of title 38, United States Code, is amended—
(1)by redesignating subsections (c), (d), and
(e)as subsections (d), (e), and (f), respectively; and
(2)by inserting after subsection
(b)the following new subsection (c):112 STAT. 2681–745 " “(c)(1) Whenever the Secretary determines under section 1118(c) of this title that a presumption of service connection for an undiagnosed illness (or combination of undiagnosed illnesses) previously established under this section is no longer warranted— “(A) a veteran who was awarded compensation under this section for such illness (or combination of illnesses) on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and “(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. “(2)Termination date. This subsection shall cease to be effective 10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998.”. " SEC. 1603.[38 USC 1117 note](/us/usc/t38/s1117). AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.
(a)Purpose.—The purpose of this section is to provide for the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between illnesses and exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service.
(b)Agreement.—The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Sciences for the Academy to perform the activities covered by this section. The Secretary shall seek to enter into the agreement not later than two months after the date of enactment of this Act.
(c)Identification of Agents and Illnesses.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall—
(A)identify the biological, chemical, or other toxic agents, environmental or wartime hazards, or preventive medicines or vaccines to which members of the Armed Forces who served in the Southwest Asia theater of operations during the Persian Gulf War may have been exposed by reason of such service; and
(B)identify the illnesses (including diagnosed illnesses and undiagnosed illnesses) that are manifest in such members.
(2)In identifying illnesses under paragraph (1)(B), the Academy shall review and summarize the relevant scientific evidence regarding illnesses among the members described in paragraph (1)(A) and among other appropriate populations of individuals, including mortality, symptoms, and adverse reproductive health outcomes among such members and individuals.
(d)Initial Consideration of Specific Agents.—(1) In identifying under subsection
(c)the agents, hazards, or preventive medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of the first report under subsection (i), the National Academy of Sciences shall consider, within the first six months after the date of enactment of this Act, the following:
(A)The following organophosphorous pesticides:
(i)Chlorpyrifos.112 STAT. 2681–746
(ii)Diazinon.
(iii)Dichlorvos.
(iv)Malathion.
(B)The following carbamate pesticides:
(i)Proxpur.
(ii)Carbaryl.
(iii)Methomyl.
(C)The carbamate pyridostigmine bromide used as nerve agent prophylaxis.
(D)The following chlorinated hydrocarbon and other pesticides and repellents:
(i)Lindane.
(ii)Pyrethrins.
(iii)Permethrins.
(iv)Rodenticides (bait).
(v)Repellent (DEET).
(E)The following low-level nerve agents and precursor compounds at exposure levels below those which produce immediately apparent incapacitating symptoms:
(i)Sarin.
(ii)Tabun.
(F)The following synthetic chemical compounds:
(i)Mustard agents at levels below those which cause immediate blistering.
(ii)Volatile organic compounds.
(iii)Hydrazine.
(iv)Red fuming nitric acid.
(v)Solvents.
(vi)Uranium.
(G)The following ionizing radiation:
(i)Depleted uranium.
(ii)Microwave radiation.
(iii)Radio frequency radiation.
(H)The following environmental particulates and pollutants:
(i)Hydrogen sulfide.
(ii)Oil fire byproducts.
(iii)Diesel heater fumes.
(iv)Sand micro-particles.
(I)Diseases endemic to the region (including the following):
(i)Leishmaniasis.
(ii)Sandfly fever.
(iii)Pathogenic escherechia coli.
(iv)Shigellosis.
(J)Time compressed administration of multiple live, ‘attenuated’, and toxoid vaccines.
(2)The consideration of agents, hazards, and medicines and vaccines under paragraph
(1)shall not preclude the Academy from identifying other agents, hazards, or medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of any report under subsection (i).
(3)Not later than six months after the date of enactmentReports. of this Act, the Academy shall submit to the designated congressional committees a report specifying the agents, hazards, and medicines and vaccines considered under paragraph (1).
(e)Determinations of Associations Between Agents and Illnesses.—(1) For each agent, hazard, or medicine or vaccine 112 STAT. 2681–747and illness identified under subsection (c), the National Academy of Sciences shall determine, to the extent that available scientific data permit meaningful determinations—
(A)whether a statistical association exists between exposure to the agent, hazard, or medicine or vaccine and the illness, taking into account the strength of the scientific evidence and the appropriateness of the scientific methodology used to detect the association;
(B)the increased risk of the illness among human or animal populations exposed to the agent, hazard, or medicine or vaccine; and
(C)whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the agent, hazard, or medicine or vaccine and the illness.
(D)The Academy shall include in its reports under subsection
(i)a full discussion of the scientific evidence and reasoning that led to its conclusions under this subsection.
(f)Review of Potential Treatment Models for Certain Illnesses.—Under the agreement under subsection (b), the National Academy of Sciences shall separately review, for each chronic undiagnosed illness identified under subsection (c)(1)(B) and for any other chronic illness that the Academy determines to warrant such review, the available scientific data in order to identify empirically valid models of treatment for such illnesses which employ successful treatment modalities for populations with similar symptoms.
(g)Recommendations for Additional Scientific Studies.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall make any recommendations that it considers appropriate for additional scientific studies (including studies relating to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service.
(2)In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies.
(h)Subsequent Reviews.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall conduct on a periodic and ongoing basis additional reviews of the evidence and data relating to its activities under this section.
(2)As part of each review under this subsection, the Academy shall—
(A)conduct as comprehensive a review as is practicable of the evidence referred to in subsection
(c)and the data referred to in subsections (e), (f), and
(g)that became available since the last review of such evidence and data under this section; and
(B)make determinations under the subsections referred to in subparagraph
(A)on the basis of the results of such review and all other reviews previously conducted for purposes of this section.
(i)Reports.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall submit to the committees and officials referred to in paragraph
(5)periodic written reports regarding the Academy’s activities under the agreement.112 STAT. 2681–748
(2)The first report under paragraph
(1)shall be submitted not later than 18 months after the date of enactment of this Act. That report shall include—
(A)the determinations and discussion referred to in subsection (e);
(B)the results of the review of models of treatment under subsection (f); and
(C)any recommendations of the Academy under subsection (g).
(3)Reports shall be submitted under this subsection at least once every two years, as measured from the date of the report under paragraph (2).
(4)In any report under this subsection (other than the report under paragraph (2)), the Academy may specify an absence of meaningful developments in the scientific or medical community with respect to the activities of the Academy under this section during the 2-year period ending on the date of such report.
(5)Reports under this subsection shall be submitted to the following:
(A)The designated congressional committees.
(B)The Secretary of Veterans Affairs.
(C)The Secretary of Defense.
(j)Sunset.—This section shall cease to be effective 10 years after the last day of the fiscal year in which the National Academy of Sciences submits the first report under subsection (i).
(k)Alternative Contract Scientific Organization.—(1) If the Secretary is unable within the time period set forth in subsection
(b)to enter into an agreement with the National Academy of Sciences for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for purposes of this section with another appropriate scientific organization that is not part of the Government, operates as a not-for-profit entity, and has expertise and objectivity comparable to that of the National Academy of Sciences.
(2)If the Secretary enters into an agreement with another organization under this subsection, any reference in this section and section 1118 of title 38, United States Code (as added by section 1602(a)), to the National Academy of Sciences shall be treated as a reference to such other organization. SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.[38 USC 1117 note](/us/usc/t38/s1117). In the event of the enactment, before, on, or after the date of the enactment of this Act, of section 101 of the Veterans Programs Enhancement Act of 1998, or any similar provision of law enacted during the second session of the 105th Congress requiring an agreement with the National Academy of Sciences regarding an evaluation of health consequences of service in Southwest Asia during the Persian Gulf War, such section 101 (or other provision of law) shall be treated as if never enacted, and shall have no force or effect. SEC. 1605. DEFINITIONS.[38 USC 1117 note](/us/usc/t38/s1117). In this title:
(1)The term “toxic agent, environmental or wartime hazard, or preventive medicine or vaccine associated with Gulf War service” means a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine that is known or presumed to be associated with service 112 STAT. 2681–749in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War, whether such association arises as a result of single, repeated, or sustained exposure and whether such association arises through exposure singularly or in combination.
(2)The term “designated congressional committees” means the following:
(A)The Committees on Veterans’ Affairs and Armed Services of the Senate.
(B)The Committees on Veterans’ Affairs and National Security of the House of Representatives.
(3)The term “Persian Gulf War” has the meaning given that term in section 101(33) of title 38, United States Code. TITLE XVII—Government Paperwork Elimination Act.[44 USC 3504 note](/us/usc/t44/s3504).GOVERNMENT PAPERWORK ELIMINATION ACT SEC. 1701. SHORT TITLE. This title may be cited as the “Government Paperwork Elimination Act”. SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES. Section 3504(a)(1)(B)(vi) of title 44, United States Code, is amended to read as follows: " “(vi) the acquisition and use of information technology, including alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures.”. " SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES BY EXECUTIVE AGENCIES.
(a)In General.—In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, in consultation with the National Telecommunications and Information Administration and not later than 18 months after the date of enactment of this Act, develop procedures for the use and acceptance of electronic signatures by Executive agencies.
(b)Requirements for Procedures.—(1) The procedures developed under subsection (a)—
(A)shall be compatible with standards and technology for electronic signatures that are generally used in commerce and industry and by State governments;
(B)may not inappropriately favor one industry or technology;
(C)shall ensure that electronic signatures are as reliable as is appropriate for the purpose in question and keep intact the information submitted;
(D)shall provide for the electronic acknowledgment of electronic forms that are successfully submitted; and
(E)shall, to the extent feasible and appropriate, require an Executive agency that anticipates receipt by electronic 112 STAT. 2681–750means of 50,000 or more submittals of a particular form to take all steps necessary to ensure that multiple methods of electronic signatures are available for the submittal of such form.
(2)The Director shall ensure the compatibility of the procedures under paragraph (1)(A) in consultation with appropriate private bodies and State government entities that set standards for the use and acceptance of electronic signatures. SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES. In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall ensure that, commencing not later than five years after the date of enactment of this Act, Executive agencies provide—
(1)for the option of the electronic maintenance, submission, or disclosure of information, when practicable as a substitute for paper; and
(2)for the use and acceptance of electronic signatures, when practicable. SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS. In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, not later than 18 months after the date of enactment of this Act, develop procedures to permit private employers to store and file electronically with Executive agencies forms containing information pertaining to the employees of such employers. SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
(a)Ongoing Study Required.—In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, in cooperation with the National Telecommunications and Information Administration, conduct an ongoing study of the use of electronic signatures under this title on—
(1)paperwork reduction and electronic commerce;
(2)individual privacy; and
(3)the security and authenticity of transactions.
(b)Reports.—The Director shall submit to Congress on a periodic basis a report describing the results of the study carried out under subsection (a).112 STAT. 2681–751 SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS. Electronic records submitted or maintained in accordance with procedures developed under this title, or electronic signatures or other forms of electronic authentication used in accordance with such procedures, shall not be denied legal effect, validity, or enforceability because such records are in electronic form. SEC. 1708. DISCLOSURE OF INFORMATION. Except as provided by law, information collected in the provision of electronic signature services for communications with an executive agency, as provided by this title, shall only be used or disclosed by persons who obtain, collect, or maintain such information as a business or government practice, for the purpose of facilitating such communications, or with the prior affirmative consent of the person about whom the information pertains. SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS. No provision of this title shall apply to the Department of the Treasury or the Internal Revenue Service to the extent that such provision—
(1)involves the administration of the internal revenue laws; or
(2)conflicts with any provision of the Internal Revenue Service Restructuring and Reform Act of 1998 or the Internal Revenue Code of 1986. SEC. 1710. DEFINITIONS. For purposes of this title:
(1)Electronic Signature.—The term “electronic signature” means a method of signing an electronic message that—
(A)identifies and authenticates a particular person as the source of the electronic message; and
(B)indicates such person’s approval of the information contained in the electronic message.
(2)Executive agency.—The term “Executive agency” has the meaning given that term in section 105 of title 5, United States Code. DIVISION D—Drug Demand Reduction Act.[21 USC 1801 note](/us/usc/t21/s1801).DRUG DEMAND REDUCTION ACT SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a)Short Title.—This division may be cited as the “Drug Demand Reduction Act”.
(b)Table of Contents.—The table of contents for this division is as follows: Sec. 1. Short title; table of contents. TITLE I—TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS Subtitle A—National Youth Anti-Drug Media Campaign Sec. 101. Short title. Sec. 103. Use of funds. Sec. 104. Reports to Congress. Sec. 105. Authorization of appropriations. Subtitle B—Drug-Free Prisons and Jails Sec. 111. Short title.112 STAT. 2681–752 Sec. 112. Purpose. Sec. 113. Program authorization. Sec. 114. Grant application. Sec. 115. Uses of funds. Sec. 116. Evaluation and recommendation report to Congress. Sec. 117. Definitions. Sec. 118. Authorization of appropriations. Subtitle C—Drug-Free Schools Quality Assurance. Sec. 121. Short title. Sec. 122. Amendment to Safe and Drug-Free Schools and Communities Act. TITLE II—STATEMENT OF NATIONAL ANTIDRUG POLICY Subtitle A—Congressional Leadership in Community Coalitions Sec. 201. Sense of Congress. Subtitle B—Rejection of Legalization of Drugs Sec. 211. Sense of Congress. TITLE I—TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMSDrug-Free Media Campaign Act of 1998. Subtitle A—National Youth Anti-Drug Media Campaign SEC. 101. SHORT TITLE.[21 USC 1801 note](/us/usc/t21/s1801). This subtitle may be cited as the “Drug-Free Media Campaign Act of 1998”. SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.[21 USC 1801](/us/usc/t21/s1801).
(a)In General.—The Director of the Office of National Drug Control Policy (in this subtitle referred to as the “Director”) shall conduct a national media campaign in accordance with this subtitle for the purpose of reducing and preventing drug abuse among young people in the United States.
(b)Local Target Requirement.—The Director shall, to the maximum extent feasible, use amounts made available to carry out this subtitle under section 105 for media that focuses on, or includes specific information on, prevention or treatment resources for consumers within specific local areas. SEC. 103. USE OF FUNDS.[21 USC 1802](/us/usc/t21/s1802).
(a)Authorized Uses.—
(1)In general.—Amounts made available to carry out this subtitle for the support of the national media campaign may only be used for—
(A)the purchase of media time and space;
(B)talent reuse payments;
(C)out-of-pocket advertising production costs;
(D)testing and evaluation of advertising;
(E)evaluation of the effectiveness of the media campaign;
(F)the negotiated fees for the winning bidder on request for proposals issued by the Office of National Drug Control Policy;
(G)partnerships with community, civic, and professional groups, and government organizations related to the media campaign; and 112 STAT. 2681–753
(H)entertainment industry collaborations to fashion antidrug messages in motion pictures, television programing, popular music, interactive (Internet and new) media projects and activities, public information, news media outreach, and corporate sponsorship and participation.
(2)Advertising.—In carrying out this subtitle, the Director shall devote sufficient funds to the advertising portion of the national media campaign to meet the stated reach and frequency goals of the campaign.
(b)Prohibitions.—None of the amounts made available under section 105 may be obligated or expended—
(1)to supplant current antidrug community based coalitions;
(2)to supplant current pro bono public service time donated by national and local broadcasting networks;
(3)for partisan political purposes; or
(4)to fund media campaigns that feature any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations, unless the Director provides advance notice to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Government Reform and Oversight of the House of Representatives and the Committee on the Judiciary of the Senate.
(c)Matching Requirement.—Amounts made available under section 105 should be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions to the campaign of the same value. SEC. 104.[21 USC 1803](/us/usc/t21/s1803). REPORTS TO CONGRESS. The Director shall—
(1)submit to Congress on an annual basis a report on the activities for which amounts made available under section 105 have been obligated during the preceding year, including information for each quarter of such year, and on the specific parameters of the national media campaign; and
(2)not later than 1 year after the date of enactment of this Act, submit to Congress a report on the effectiveness of the national media campaign based on measurable outcomes provided to Congress previously. SEC. 105.[21 USC 1804](/us/usc/t21/s1804). AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this subtitle $195,000,000 for each of fiscal years 1999 through 2002. Subtitle B—Drug-Free Prisons and Jails Act of 1998.[42 USC 3751 note](/us/usc/t42/s3751).Drug-Free Prisons and Jails SEC. 111. SHORT TITLE. This subtitle may be cited as the “Drug-Free Prisons and Jails Act of 1998”. SEC. 112. PURPOSE. The purpose of this subtitle is to provide for the establishment of model programs for comprehensive treatment of substance-involved offenders in the criminal justice system to reduce drug abuse and drug-related crime, and reduce the costs of the criminal 112 STAT. 2681–754justice system, that can be successfully replicated by States and local units of government through a comprehensive evaluation. SEC. 113. PROGRAM AUTHORIZATION.
(a)Establishment.—The Director of the Bureau of Justice Assistance shall establish a model substance abuse treatment program for substance-involved offenders by—
(1)providing financial assistance to grant recipients selected in accordance with section 114(b); and
(2)evaluating the success of programs conducted pursuant to this subtitle.
(b)Grant Awards.—The Director may award not more than 5 grants to units of local government and not more than 5 grants to States.
(c)Administrative Costs.—Not more than 5 percent of a grant award made pursuant to this subtitle may be used for administrative costs. SEC. 114. GRANT APPLICATION.
(a)Contents.—An application submitted by a unit of local government or a State for a grant award under this subtitle shall include each of the following:
(1)Strategy.—A strategy to coordinate programs and services for substance-involved offenders provided by the unit of local government or the State, as the case may be, developed in consultation with representatives from all components of the criminal justice system within the jurisdiction, including judges, law enforcement personnel, prosecutors, corrections personnel, probation personnel, parole personnel, substance abuse treatment personnel, and substance abuse prevention personnel.
(2)Certification.—A certification that—
(A)Federal funds made available under this subtitle will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities; and
(B)the programs developed pursuant to this subtitle meet all requirements of this subtitle.
(b)Review and Approval.—Subject to section 113(b), the Director shall approve applications and make grant awards to units of local governments and States that show the most promise for accomplishing the purposes of this subtitle consistent with the provisions of section 115. SEC. 115. USES OF FUNDS. A unit of local government or State that receives a grant award under this subtitle shall use such funds to provide comprehensive treatment programs to inmates in prisons or jails, including not less than 3 of the following:
(1)Tailored treatment programs to meet the special needs of different types of substance-involved offenders.
(2)Random and frequent drug testing, including a system of sanctions.
(3)Training and assistance for corrections officers and personnel to assist substance-involved offenders in correctional facilities.112 STAT. 2681–755
(4)Clinical assessment of incoming substance-involved offenders.
(5)Availability of religious and spiritual activity and counseling to provide an environment that encourages recovery from substance involvement in correctional facilities.
(6)Education and vocational training.
(7)A substance-free correctional facility policy. SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.
(a)Evaluation.— (1)Contracts. In general.—The Director shall enter into a contract, with an evaluating agency that has demonstrated experience in the evaluation of substance abuse treatment, to conduct an evaluation that incorporates the criteria described in paragraph (2).
(2)Evaluation criteria.—The Director, in consultation with the Directors of the appropriate National Institutes of Health, shall establish minimum criteria for evaluating each program. Such criteria shall include—
(A)reducing substance abuse among participants;
(B)reducing recidivism among participants;
(C)cost effectiveness of providing services to participants; and
(D)a data collection system that will produce data comparable to that used by the Office of Applied Studies of the Substance Abuse and Mental Health Services Administration and the Bureau of Justice Statistics of the Office of Justice Programs.
(b)Report.—The Director shall submit to the appropriate committees, at the same time as the President’s budget for fiscal year 2001 is submitted, a report that—
(1)describes the activities funded by grant awards under this subtitle;
(2)includes the evaluation submitted pursuant to subsection (a); and
(3)makes recommendations regarding revisions to the authorization of the program, including extension, expansion, application requirements, reduction, and termination. SEC. 117. DEFINITIONS. In this subtitle:
(1)Appropriate committees.—The term “appropriate committees” means the Committees on the Judiciary and the Committees on Appropriations of the House of Representatives and the Senate.
(2)Director.—The term “Director” means the Director of the Bureau of Justice Assistance.
(3)Substance-involved offender.—The term “substance-involved offender” means an individual under the supervision of a State or local criminal justice system, awaiting trial or serving a sentence imposed by the criminal justice system, who—
(A)violated or has been arrested for violating a drug or alcohol law;
(B)was under the influence of alcohol or an illegal drug at the time the crime was committed;
(C)stole property to buy illegal drugs; or 112 STAT. 2681–756
(D)has a history of substance abuse and addiction.
(4)Unit of local government.—The term “unit of local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior and any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia, and the Trust Territory of the Pacific Islands. SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
(a)In General.—There are authorized to be appropriated to carry out this subtitle from the Violent Crime Reduction Trust Fund as authorized by title 31 of the Violent Crime and Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)—
(1)for fiscal year 1999, $30,000,000; and
(2)for fiscal year 2000, $20,000,000.
(b)Reservation.—The Director may reserve each fiscal year not more than 20 percent of the funds appropriated pursuant to subsection
(a)for activities required under section 116. Subtitle C—Drug-Free Schools Quality AssuranceDrug-Free Schools Quality Assurance Act.[20 USC 6301 note](/us/usc/t20/s6301). SEC. 121. SHORT TITLE. This subtitle may be cited as the “Drug-Free Schools Quality Assurance Act”. SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT. Subpart 3 of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7141 et seq.) is amended by adding at the end the following: " “SEC. 4134. QUALITY RATING.[20 USC 7144](/us/usc/t20/s7144). “(a) In General.—The chief executive officer of each State, or in the case of a State in which the constitution or law of such State designates another individual, entity, or agency in the State to be responsible for education activities, such individual, entity, or agency, is authorized and encouraged— “(1) to establish a standard of quality for drug, alcohol, and tobacco prevention programs implemented in public elementary schools and secondary schools in the State in accordance with subsection (b); and “(2) to identify and designate, upon application by a public elementary school or secondary school, any such school that achieves such standard as a quality program school. “(b) Criteria.—The standard referred to in subsection
(a)shall address, at a minimum— “(1) a comparison of the rate of illegal use of drugs, alcohol, and tobacco by students enrolled in the school for a period of time to be determined by the chief executive officer of the State; “(2) the rate of suspensions or expulsions of students enrolled in the school for drug, alcohol, or tobacco-related offenses; “(3) the effectiveness of the drug, alcohol, or tobacco prevention program as proven by research;112 STAT. 2681–757 “(4) the involvement of parents and community members in the design of the drug, alcohol, and tobacco prevention program; and “(5) the extent of review of existing community drug, alcohol, and tobacco prevention programs before implementation of the public school program. “(c) Request for Quality Program School Designation.—A school that wishes to receive a quality program school designation shall submit a request and documentation of compliance with this section to the chief executive officer of the State or the individual, entity, or agency described in subsection (a), as the case may be. “(d) Public Notification.—Not less than once a year, the chief executive officer of each State or the individual, entity, or agency described in subsection (a), as the case may be, shall make available to the public a list of the names of each public school in the State that has received a quality program school designation in accordance with this section.”. " TITLE II—STATEMENT OF NATIONAL ANTIDRUG POLICY Subtitle A—Congressional Leadership in Community Coalitions SEC. 201. SENSE OF CONGRESS.
(a)Findings.—Congress finds the following:
(1)Illegal drug use is dangerous to the physical wellbeing of the Nation’s youth.
(2)Illegal drug use can destroy the lives of the Nation’s youth by diminishing their sense of morality and with it everything in life that is important and worthwhile.
(3)According to recently released national surveys, drug use among the Nation’s youth remains at alarmingly high levels.
(4)National leadership is critical to conveying to the Nation’s youth the message that drug use is dangerous and wrong.
(5)National leadership can help mobilize every sector of the community to support the implementation of comprehensive, sustainable, and effective programs to reduce drug abuse.
(6)As of September 1, 1998, 76 Members of the House of Representatives were establishing community-based antidrug coalitions in their congressional districts or were actively supporting such coalitions that already existed.
(7)The individual Members of the House of Representatives can best help their constituents prevent drug use among the Nation’s youth by establishing community-based antidrug coalitions in their congressional districts or by actively supporting such coalitions that already exist.
(b)Sense of Congress.—It is the sense of Congress that the individual Members of the House of Representatives, including the Delegates and the Resident Commissioner, should establish community-based antidrug coalitions in their congressional districts or should actively support any such coalitions that have been established.112 STAT. 2681–758 Subtitle B—Rejection of Legalization of Drugs SEC. 211. SENSE OF CONGRESS.
(a)Findings.—Congress finds the following:
(1)Illegal drug use is harmful and wrong.
(2)Illegal drug use can kill the individuals involved or cause the individuals to hurt or kill others, and such use strips the individuals of their moral sense.
(3)The greatest threat presented by such use is to the youth of the United States, who are illegally using drugs in increasingly greater numbers.
(4)The people of the United States are more concerned about illegal drug use and crimes associated with such use than with any other current social problem.
(5)Efforts to legalize or otherwise legitimize drug use present a message to the youth of the United States that drug use is acceptable.
(6)Article VI, clause 2 of the Constitution of the United States states that “[t]his Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.”.
(7)The courts of the United States have repeatedly found that any State law that conflicts with a Federal law or treaty is preempted by such law or treaty.
(8)The Controlled Substances Act (21 U.S.C. 801 et seq.) strictly regulates the use and possession of drugs.
(9)The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotrophic Substances Treaty similarly regulates the use and possession of drugs.
(10)Any attempt to authorize under State law an activity prohibited under such Treaty or the Controlled Substances Act would conflict with that Treaty or Act.
(b)Sense of Congress.—It is the sense of Congress that—
(1)the several States, and the citizens of such States, should reject the legalization of drugs through legislation, ballot proposition, constitutional amendment, or any other means; and
(2)each State should make efforts to be a drug-free State. Subtitle C—Report on Streamlining Federal Prevention and Treatment Efforts SEC. 221. REPORT ON STREAMLINING FEDERAL PREVENTION AND TREATMENT EFFORTS.[21 USC 1703 note](/us/usc/t21/s1703).
(a)Sense of Congress.—It is the sense of Congress that—
(1)the efforts of the Federal Government to reduce the demand for illegal drugs in the United States are frustrated by the fragmentation of those efforts across multiple departments and agencies; and
(2)improvement of those efforts can best be achieved through consolidation and coordination.
(b)Report Requirement.—112 STAT. 2681–759
(1)In general.—Not later than 18 months after the date of enactment of this Act, the Director of the Office of National Drug Control Policy shall prepare and submit to the appropriate committees a report evaluating options for increasing the efficacy of drug prevention and treatment programs and activities by the Federal Government. Such option shall include the merits of a consolidation of programs into a single agency, transferring programs from 1 agency to another, and improving coordinating mechanisms and authorities. The report shall also include a thorough review of the activities and potential consolidation of existing Federal drug information clearinghouses.
(2)Recommendation and explanatory statement.—The study submitted under paragraph
(1)shall identify options that are determined by the Director to have merit, and an explanation which options should be implemented.
(3)Authorization of appropriations.—There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this subsection $1,000,000 for contracting, policy research, and related costs.
(c)Appropriate Committees Defined.—In this section, the term “appropriate committees” means the Committee on Appropriations, the Committee on Commerce, and the Committee on Education and the Workforce of the House of Representatives, and the Committee on Appropriations, and Committee on Labor and Human Resources of the Senate. DIVISION E—Methamphetamine Trafficking Penalty Enhancement Act of 1998.[21 USC 801 note](/us/usc/t21/s801).METHAMPHETAMINE TRAFFICKING PENALTY ENHANCEMENT ACT OF 1998 SECTION 1. SHORT TITLE. This division may be cited as the “Methamphetamine Trafficking Penalty Enhancement Act of 1998”. SEC. 2. METHAMPHETAMINE PENALTY INCREASES.
(a)Controlled Substances Act.—Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended—
(1)in subparagraph (A)(viii)—
(A)by striking “100 grams” and inserting “50 grams”; and
(B)by striking “1 kilogram” and inserting “500 grams”; and
(2)in subparagraph (B)(viii)—
(A)by striking “10 grams” and inserting “5 grams”; and
(B)by striking “100 grams” and inserting “50 grams”.
(b)Controlled Substances Import and Export Act.—Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended—
(1)in paragraph (1)(H)—
(A)by striking “100 grams” and inserting “50 grams”; and
(B)by striking “1 kilogram” and inserting “500 grams”; and
(2)in paragraph (2)(H)—
(A)by striking “10 grams” and inserting “5 grams”; and
(B)by striking “100 grams” and inserting “50 grams”.112 STAT. 2681–760 SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE VIOLENT OFFENDER INCARCERATION AND TRUTHIN-SENTENCING GRANTS PROGRAM. Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows:[42 USC 13705](/us/usc/t42/s13705). " “(b) Additional Requirements.— “(1) Eligibility for grant.—To be eligible to receive a grant under section 20103 or section 20104, a State shall— “(A) provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after the date of the enactment of this subtitle, policies that provide for the recognition of the rights of crime victims; and “(B) subject to the limitation of paragraph (2), no later than September 1, 2000, consider a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and post-incarceration and criminal justice supervision, with sanctions including denial or revocation of release for positive drug tests, consistent with guidelines issued by the Attorney General. “(2) Use of funds.—Beginning in fiscal year 1999, not more than 10 percent of the funds provided under section 20103 or section 20104 of this subtitle may be applied to the cost of offender drug testing and intervention programs during periods of incarceration and post-incarceration criminal justice supervision, consistent with guidelines issued by the Attorney General. Further, such funds may be used by the States to pay the costs of providing to the Attorney General a baseline study on their prison drug abuse problem. Such studies shall be consistent with guidelines issued by the Attorney General.”. " DIVISION F—NOT LEGALIZING MARIJUANA FOR MEDICINAL USE It is the sense of the Congress that—
(1)certain drugs are listed on Schedule I of the Controlled Substances Act if they have a high potential for abuse, lack any currently accepted medical use in treatment, and are unsafe, even under medical supervision;
(2)the consequences of illegal use of Schedule I drugs are well documented, particularly with regard to physical health, highway safety, and criminal activity;
(3)pursuant to section 401 of the Controlled Substances Act, it is illegal to manufacture, distribute, or dispense marijuana, heroin, LSD, and more than 100 other Schedule I drugs;
(4)pursuant to section 505 of the Federal Food, Drug and Cosmetic Act, before any drug can be approved as a medication in the United States, it must meet extensive scientific and medical standards established by the Food and Drug Administration to ensure it is safe and effective;
(5)marijuana and other Schedule I drugs have not been approved by the Food and Drug Administration to treat any disease or condition;
(6)the Federal Food, Drug and Cosmetic Act already prohibits the sale of any unapproved drug, including marijuana, that 112 STAT. 2681–761has not been proven safe and effective for medical purposes and grants the Food and Drug Administration the authority to enforce this prohibition through seizure and other civil action, as well as through criminal penalties;
(7)marijuana use by children in grades 8 through 12 declined steadily from 1980 to 1992, but, from 1992 to 1996, has dramatically increased by 253 percent among 8th graders, 151 percent among 10th graders, and 84 percent among 12th graders, and the average age of first-time use of marijuana is now younger than it has ever been;
(8)according to the 1997 survey by the Center on Addiction and Substance Abuse at Columbia University, 500,000 8th graders began using marijuana in the 6th and 7th grades;
(9)according to that same 1997 survey, youths between the ages of 12 and 17 who use marijuana are 85 times more likely to use cocaine than those who abstain from marijuana, and 60 percent of adolescents who use marijuana before the age of 15 will later use cocaine; and
(10)the rate of illegal drug use among youth is linked to their perceptions of the health and safety risks of those drugs, and the ambiguous cultural messages about marijuana use are contributing to a growing acceptance of marijuana use among children and teenagers;
(11)Congress continues to support the existing Federal legal process for determining the safety and efficacy of drugs and opposes efforts to circumvent this process by legalizing marijuana, and other Schedule I drugs, for medicinal use without valid scientific evidence and the approval of the Food and Drug Administration; and
(12)not later than 90 days after the date of the enactment of this Act— (A)Reports. the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on—
(i)the total quantity of marijuana eradicated in the United States during the period from 1992 through 1997; and
(ii)the annual number of arrests and prosecutions for Federal marijuana offenses during the period described in clause (i); and (B)Reports. the Commissioner of Foods and Drugs shall submit to the Committee on Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on the specific efforts underway to enforce sections 304 and 505 of the Federal Food, Drug and Cosmetic Act with respect to marijuana and other Schedule I drugs. DIVISION G—Foreign Affairs Reform and Restructuring Act of 1998.[22 USC 6501 note](/us/usc/t22/s6501).FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998 SEC. 1001. SHORT TITLE. This division may be cited as the “Foreign Affairs Reform and Restructuring Act of 1998”.112 STAT. 2681–762 SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF CONTENTS.
(a)Divisions.—This division is organized into three subdivisions as follows:
(1)Subdivision a.—Foreign Affairs Agencies Consolidation Act of 1998.
(2)Subdivision b.—Foreign Relations Authorization Act, Fiscal Years 1998 and 1999.
(3)Subdivision c.—United Nations Reform Act of 1998.
(b)Table of Contents.—The table of contents for this division is as follows: DIVISION—FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998 Sec. 1001. Short title. Sec. 1002. Organization of division into subdivisions; table of contents. SUBDIVISION A—CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES TITLE XI—GENERAL PROVISIONS Sec. 1101. Short title. Sec. 1102. Purposes. Sec. 1103. Definitions. Sec. 1104. Report on budgetary cost savings resulting from reorganization. TITLE XII—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY CHAPTER 1—GENERAL PROVISIONS Sec. 1201. Effective date. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS Sec. 1211. Abolition of United States Arms Control and Disarmament Agency. Sec. 1212. Transfer of functions to Secretary of State. Sec. 1213. Under Secretary for Arms Control and International Security. CHAPTER 3—CONFORMING AMENDMENTS Sec. 1221. References. Sec. 1222. Repeals. Sec. 1223. Amendments to the Arms Control and Disarmament Act. Sec. 1224. Compensation of officers. Sec. 1225. Additional conforming amendments. TITLE XIII—UNITED STATES INFORMATION AGENCY CHAPTER 1—GENERAL PROVISIONS Sec. 1301. Effective date. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS Sec. 1311. Abolition of United States Information Agency. Sec. 1312. Transfer of functions. Sec. 1313. Under Secretary of State for Public Diplomacy. Sec. 1314. Abolition of Office of Inspector General of United States Information Agency and transfer of functions. CHAPTER 3—INTERNATIONAL BROADCASTING Sec. 1321. Congressional findings and declaration of purpose. Sec. 1322. Continued existence of Broadcasting Board of Governors. Sec. 1323. Conforming amendments to the United States International Broadcasting Act of 1994. Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act. Sec. 1325. Amendments to the Television Broadcasting to Cuba Act. Sec. 1326. Transfer of broadcasting related funds, property, and personnel. Sec. 1327. Savings provisions. Sec. 1328. Report on the privatization of RFE/RL, Incorporated. CHAPTER 4—CONFORMING AMENDMENTS Sec. 1331. References.112 STAT. 2681–763 Sec. 1332. Amendments to title 5, United States Code. Sec. 1333. Application of certain laws. Sec. 1334. Abolition of United States Advisory Commission on Public Diplomacy. Sec. 1335. Conforming amendments. Sec. 1336. Repeals. TITLE XIV—UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY CHAPTER 1—GENERAL PROVISIONS Sec. 1401. Effective date. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS Sec. 1411. Abolition of United States International Development Cooperation Agency. Sec. 1412. Transfer of functions and authorities. Sec. 1413. Status of AID. CHAPTER 3—CONFORMING AMENDMENTS Sec. 1421. References. Sec. 1422. Conforming amendments. TITLE XV—AGENCY FOR INTERNATIONAL DEVELOPMENT CHAPTER 1—GENERAL PROVISIONS Sec. 1501. Effective date. CHAPTER 2—REORGANIZATION AND TRANSFER OF FUNCTIONS Sec. 1511. Reorganization of Agency for International Development. CHAPTER 3—AUTHORITIES OF THE SECRETARY OF STATE Sec. 1521. Definition of United States assistance. Sec. 1522. Administrator of AID reporting to the Secretary of State. Sec. 1523. Assistance programs coordination and oversight. TITLE XVI—TRANSITION CHAPTER 1—REORGANIZATION PLAN Sec. 1601. Reorganization plan and report. CHAPTER 2—REORGANIZATION AUTHORITY Sec. 1611. Reorganization authority. Sec. 1612. Transfer and allocation of appropriations. Sec. 1613. Transfer, appointment, and assignment of personnel. Sec. 1614. Incidental transfers. Sec. 1615. Savings provisions. Sec. 1616. Authority of Secretary of State to facilitate transition. Sec. 1617. Final report. SUBDIVISION B—FOREIGN RELATIONS AUTHORIZATION TITLE XX—GENERAL PROVISIONS Sec. 2001. Short title. Sec. 2002. Definition of appropriate congressional committees. TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE Sec. 2101. Administration of foreign affairs. Sec. 2102. International commissions. Sec. 2103. Grants to The Asia Foundation. Sec. 2104. Voluntary contributions to international organizations. Sec. 2105. Voluntary contributions to peacekeeping operations. Sec. 2106. Limitation on United States voluntary contributions to United Nations Development Program. TITLE XXII—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES CHAPTER 1—AUTHORITIES AND ACTIVITIES Sec. 2201. Reimbursement of Department of State for assistance to overseas educational facilities.112 STAT. 2681–764 Sec. 2202. Revision of Department of State rewards program. Sec. 2203. Retention of additional defense trade controls registration fees. Sec. 2204. Fees for commercial services. Sec. 2205. Pilot program for foreign affairs reimbursement. Sec. 2206. Fee for use of diplomatic reception rooms. Sec. 2207. Budget presentation documents. Sec. 2208. Office of the Inspector General. Sec. 2209. Capital Investment Fund. Sec. 2210. Contracting for local guards services overseas. Sec. 2211. Authority of the Foreign Claims Settlement Commission. Sec. 2212. Expenses relating to certain international claims and proceedings. Sec. 2213. Grants to remedy international abductions of children. Sec. 2214. Counterdrug and anticrime activities of the Department of State. Sec. 2215. Annual report on overseas surplus properties. Sec. 2216. Human rights reports. Sec. 2217. Reports and policy concerning diplomatic immunity. Sec. 2218. Reaffirming United States international telecommunications policy. Sec. 2219. Reduction of reporting. CHAPTER 2—CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE Sec. 2221. Use of certain passport processing fees for enhanced passport services. Sec. 2222. Consular officers. Sec. 2223. Repeal of outdated consular receipt requirements. Sec. 2224. Elimination of duplicate Federal Register publication for travel advisories. Sec. 2225. Denial of visas to confiscators of American property. Sec. 2226. Inadmissibility of any alien supporting an international child abductor. CHAPTER 3—REFUGEES AND MIGRATION SUBCHAPTER A—AUTHORIZATION OF APPROPRIATIONS Sec. 2231. Migration and refugee assistance. SUBCHAPTER B—AUTHORITIES Sec. 2241. United States policy regarding the involuntary return of refugees. Sec. 2242. United States policy with respect to the involuntary return of persons in danger of subjection to torture. Sec. 2243. Reprogramming of migration and refugee assistance funds. Sec. 2244. Eligibility for refugee status. Sec. 2245. Reports to Congress concerning Cuban emigration policies. TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF STATE Sec. 2301. Coordinator for Counterterrorism. Sec. 2302. Elimination of Deputy Assistant Secretary of State for Burdensharing. Sec. 2303. Personnel management. Sec. 2304. Diplomatic security. Sec. 2305. Number of senior official positions authorized for the Department of State. Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of State. CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE Sec. 2311. Foreign Service reform. Sec. 2312. Retirement benefits for involuntary separation. Sec. 2313. Authority of Secretary to separate convicted felons from the Foreign Service. Sec. 2314. Career counseling. Sec. 2315. Limitations on management assignments. Sec. 2316. Availability pay for certain criminal investigators within the Diplomatic Security Service. Sec. 2317. Nonovertime differential pay. Sec. 2318. Report concerning minorities and the Foreign Service. TITLE XXIV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS Sec. 2401. International information activities and educational and cultural exchange programs.112 STAT. 2681–765 CHAPTER 2—AUTHORITIES AND ACTIVITIES Sec. 2411. Retention of interest. Sec. 2412. Use of selected program fees. Sec. 2413. Muskie Fellowship Program. Sec. 2414. Working Group on United States Government-Sponsored International Exchanges and Training. Sec. 2415. Educational and cultural exchanges and scholarships for Tibetans and Burmese. Sec. 2416. Surrogate broadcasting study. Sec. 2417. Radio broadcasting to Iran in the Farsi language. Sec. 2418. Authority to administer summer travel and work programs. Sec. 2419. Permanent administrative authorities regarding appropriations. Sec. 2420. Voice of America broadcasts. TITLE XXV—INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS Sec. 2501. International conferences and contingencies. Sec. 2502. Restriction relating to United States accession to any new international criminal tribunal. Sec. 2503. United States membership in the Bureau of the Interparliamentary Union. Sec. 2504. Service in international organizations. Sec. 2505. Reports regarding foreign travel. TITLE XXVI—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY Sec. 2601. Authorization of appropriations. Sec. 2602. Statutory construction. TITLE XXVII—EUROPEAN SECURITY ACT OF 1998 Sec. 2701. Short title. Sec. 2702. Statement of policy. Sec. 2703. Authorities relating to NATO enlargement. Sec. 2704. Sense of Congress with respect to the Treaty on Conventional Armed Forces in Europe. Sec. 2705. Restrictions and requirements relating to ballistic missile defense. TITLE XXVIII—OTHER FOREIGN POLICY PROVISIONS Sec. 2801. Reports on claims by United States firms against the Government of Saudi Arabia. Sec. 2802. Reports on determinations under title IV of the Libertad Act. Sec. 2803. Report on compliance with the Hague Convention on International Child Abduction. Sec. 2804. Sense of Congress relating to recognition of the Ecumenical Patriarchate by the Government of Turkey. Sec. 2805. Report on relations with Vietnam. Sec. 2806. Reports and policy concerning human rights violations in Laos. Sec. 2807. Report on an alliance against narcotics trafficking in the Western Hemisphere. Sec. 2808. Congressional statement regarding the accession of Taiwan to the World Trade Organization. Sec. 2809. Programs or projects of the International Atomic Energy Agency in Cuba. Sec. 2810. Limitation on assistance to countries aiding Cuba nuclear development. Sec. 2811. International Fund for Ireland. Sec. 2812. Support for democratic opposition in Iraq. Sec. 2813. Development of democracy in the Republic of Serbia. SUBDIVISION A—Foreign Affairs Agencies Consolidation Act of 1998.CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES TITLE XI—GENERAL PROVISIONS SEC. 1101.[22 USC 6501 note](/us/usc/t22/s6501). SHORT TITLE. This subdivision may be cited as the “Foreign Affairs Agencies Consolidation Act of 1998”. SEC. 1102.[22 USC 6501](/us/usc/t22/s6501). PURPOSES. The purposes of this subdivision are—112 STAT. 2681–766
(1)to strengthen—
(A)the coordination of United States foreign policy; and
(B)the leading role of the Secretary of State in the formulation and articulation of United States foreign policy;
(2)to consolidate and reinvigorate the foreign affairs functions of the United States within the Department of State by—
(A)abolishing the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency, and transferring the functions of these agencies to the Department of State while preserving the special missions and skills of these agencies;
(B)transferring certain functions of the Agency for International Development to the Department of State; and
(C)providing for the reorganization of the Department of State to maximize the efficient use of resources, which may lead to budget savings, eliminated redundancy in functions, and improvement in the management of the Department of State;
(3)to ensure that programs critical to the promotion of United States national interests be maintained;
(4)to assist congressional efforts to balance the Federal budget and reduce the Federal debt;
(5)to ensure that the United States maintains effective representation abroad within budgetary restraints; and
(6)to encourage United States foreign affairs agencies to maintain a high percentage of the best qualified, most competent United States citizens serving in the United States Government. SEC. 1103. DEFINITIONS.[22 USC 6502](/us/usc/t22/s6502). In this subdivision:
(1)ACDA.—The term “ACDA” means the United States Arms Control and Disarmament Agency.
(2)AID.—The term “AID” means the United States Agency for International Development.
(3)Agency; federal agency.—The term “agency” or “Federal agency” means an Executive agency as defined in section 105 of title 5, United States Code.
(4)Appropriate congressional committees.—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.
(5)Covered agency.—The term “covered agency” means any of the following agencies: ACDA, USIA, IDCA, and AID.
(6)Department.—The term “Department” means the Department of State.
(7)Function.—The term “function” means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.
(8)IDCA.—The term “IDCA” means the United States International Development Cooperation Agency.112 STAT. 2681–767
(9)Office.—The term “office” includes any office, administration, agency, institute, unit, organizational entity, or component thereof.
(10)Secretary.—The term “Secretary” means the Secretary of State.
(11)USIA.—The term “USIA” means the United States Information Agency. SEC. 1104.[22 USC 6503](/us/usc/t22/s6503). REPORT ON BUDGETARY COST SAVINGS RESULTING FROM REORGANIZATION. The Secretary of State shall submit a report, together with the congressional presentation document for the budget of the Department of State for each of the fiscal years 2000 and 2001, to the appropriate congressional committees describing the total anticipated and achieved cost savings in budget outlays and budget authority related to the reorganization implemented under this subdivision, including cost savings by each of the following categories:
(1)Reductions in personnel.
(2)Administrative consolidation, including procurement.
(3)Program consolidation.
(4)Consolidation of real properties and leases. TITLE XII—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY CHAPTER 1—GENERAL PROVISIONS SEC. 1201.[22 USC 6511 note](/us/usc/t22/s6511). EFFECTIVE DATE. This title, and the amendments made by this title, shall take effect on the earlier of—
(1)April 1,1999; or
(2)the date of abolition of the United States Arms Control and Disarmament Agency pursuant to the reorganization plan described in section 1601. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS SEC. 1211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY. The United States Arms Control and Disarmament Agency is abolished. SEC. 1212.[22 USC 6512](/us/usc/t22/s6512). TRANSFER OF FUNCTIONS TO SECRETARY OF STATE. There are transferred to the Secretary of State all functions of the Director of the United States Arms Control and Disarmament Agency, and all functions of the United States Arms Control and Disarmament Agency and any office or component of such agency, under any statute, reorganization plan, Executive order, or other provision of law, as of the day before the effective date of this title. SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY. Section 1(b) of the State Department Basic Authorities Act of [22 USC 2651a](/us/usc/t22/s2651/a).1956 (22 U.S.C. 2651(b)) is amended—
(1)by striking “There” and inserting the following: " “(1) In general.—There”; and112 STAT. 2681–768 "
(2)by adding at the end the following: " “(2) Under secretary for arms control and international security.—There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the Deputy Secretary in matters related to international security policy, arms control, and nonproliferation. Subject to the direction of the President, the Under Secretary may attend and participate in meetings of the National Security Council in his role as Senior Advisor to the President and the Secretary of State on Arms Control and Nonproliferation Matters.”. " CHAPTER 3—CONFORMING AMENDMENTS SEC. 1221. REFERENCES.[22 USC 6521](/us/usc/t22/s6521). Except as otherwise provided in section 1223 or 1225, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—
(1)the Director of the United States Arms Control and Disarmament Agency, the Director of the Arms Control and Disarmament Agency, or any other officer or employee of the United States Arms Control and Disarmament Agency or the Arms Control and Disarmament Agency shall be deemed to refer to the Secretary of State; or
(2)the United States Arms Control and Disarmament Agency or the Arms Control and Disarmament Agency shall be deemed to refer to the Department of State. SEC. 1222. REPEALS. The following sections of the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) are repealed: Sections 21 through 26 (22 U.S.C. 2561–2566), section 35 (22 U.S.C. 2575), section 42 (22 U.S.C. 2582), section 43 (22 U.S.C. 2583), sections 45 through 50 (22 U.S.C. 2585–2593), section 53 (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), and section 63 (22 U.S.C. 2595b). SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT. The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is amended—
(1)in section 2 (22 U.S.C. 2551)—
(A)in the first undesignated paragraph, by striking “creating a new agency of peace to deal with” and inserting “addressing”;
(B)by striking the second undesignated paragraph; and
(C)in the third undesignated paragraph—
(i)by striking “This organization” and inserting “The Secretary of State”;
(ii)by striking “It shall have” and inserting “The Secretary shall have”;
(iii)by striking “and the Secretary of State”;
(iv)by inserting “, nonproliferation,” after “arms control” in paragraph (1);
(v)by striking paragraph (2);112 STAT. 2681–769
(vi)by redesignating paragraphs
(3)through
(5)as paragraphs
(2)through (4), respectively; and
(vii)by striking “, as appropriate,” in paragraph
(3)(as redesignated);
(2)in section 3 (22 U.S.C. 2552), by striking subsection (c);
(3)in the heading for title II, by striking “**ORGANIZATION**” and inserting “**SPECIAL REPRESENTATIVES AND VISITING SCHOLARS**”;
(4)in section 27 (22 U.S.C. 2567)—
(A)by striking the third sentence;
(B)in the fourth sentence, by striking “, acting through the Director”; and
(C)in the fifth sentence, by striking “Agency” and inserting “Department of State”;
(5)in section 28 (22 U.S.C. 2568)—
(A)by striking “Director” each place it appears and inserting “Secretary of State”;
(B)in the second sentence—
(i)by striking “Agency” each place it appears and inserting “Department of State”; and
(ii)by striking “Agency’s” and inserting “Department of State’s”; and
(C)by striking the fourth sentence;
(6)in section 31 (22 U.S.C. 2571)—
(A)by inserting “this title in” after “powers in”;
(B)by striking “Director” each place it appears and inserting “Secretary of State”;
(C)by striking “insure” each place it appears and inserting “ensure”;
(D)in the second sentence, by striking “in accordance with procedures established under section 35 of this Act”;
(E)in the fourth sentence by striking “The authority” and all that follows through “disarmament:” and inserting the following: “The authority of the Secretary under this Act with respect to research, development, and other studies concerning arms control, nonproliferation, and disarmament shall be limited to participation in the following:”; and
(F)in subsection (1), by inserting “and” at the end;
(7)in section 32 (22 U.S.C. 2572)—
(A)by striking “Director” and inserting “Secretary of State”; and
(B)by striking “subsection” and inserting “section”;
(8)in section 33(a) (22 U.S.C. 2573(a))—
(A)by striking “the Secretary of State,”; and
(B)by striking “Director” and inserting “Secretary of State”;
(9)in section 34 (22 U.S.C. 2574)—
(A)in subsection (a)—
(i)in the first sentence, by striking “Director” and inserting “Secretary of State”;
(ii)in the first sentence, by striking “and the Secretary of State”;
(iii)in the first sentence, by inserting “, non-proliferation,” after “in the fields of arms control”;
(iv)in the first sentence, by striking “and shall have primary responsibility, whenever directed by the 112 STAT. 2681–770President, for the preparation, conduct, and management of the United States participation in international negotiations and implementation fora in the field of nonproliferation”;
(v)in the second sentence, by striking “section 27” and inserting “section 201”; and
(vi)in the second sentence, by striking “the” after “serve as”;
(B)by striking subsection (b);
(C)by redesignating subsection
(c)as subsection (b); and
(D)in subsection
(b)(as redesignated)—
(i)in the text above paragraph (1), by striking “Director” and inserting “Secretary of State”;
(ii)by striking paragraph (1); and
(iii)by redesignating paragraphs
(2)and
(3)as paragraphs
(1)and (2), respectively;
(10)in section 36 (22 U.S.C. 2576)—
(A)by striking “Director” each place it appears and inserting “Secretary of State”; and
(B)by striking “, in accordance with the procedures established pursuant to section 35 of this Act”;
(11)in section 37 (22 U.S.C. 2577)—
(A)by striking “Director” and “Agency” each place it appears and inserting “Secretary of State” or “Department of State”, respectively; and
(B)by striking subsection (d);
(12)in section 38 (22 U.S.C. 2578)—
(A)by striking “Director” each place it appears and inserting “Secretary of State”; and
(B)by striking subsection (c);
(13)in section 41 (22 U.S.C. 2581)—
(A)by striking “In the performance of his functions, the Director” and inserting “In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this Act”;
(B)by striking “Agency”, “Agency’s”, “Director”, and “Director’s” each place they appear and inserting “Department of State”, “Department of State’s”, “Secretary of State”, or “Secretary of State’s”, as appropriate;
(C)in subsection (a), by striking the sentence that begins “It is the intent”;
(D)in subsection (b)—
(i)by striking “appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5, United States Code, governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities,”;
(ii)in paragraph (1), by striking “exception” and inserting “subsection”; and
(iii)in paragraph (2)—112 STAT. 2681–771
(I)by striking “exception” and inserting “subsection”; and
(II)by striking “ceiling” and inserting “positions allocated to carry out the purpose of this Act”;
(E)by striking subsection (g);
(F)by redesignating subsections (h), (i), and
(j)as subsections (g), (h), and (i), respectively;
(G)by amending subsection
(f)to read as follows: " “(f) establish a scientific and policy advisory board to advise with and make recommendations to the Secretary of State on United States arms control, nonproliferation, and disarmament policy and activities. A majority of the board shall be composed of individuals who have a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who have distinguished themselves in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering. The members of the board may receive the compensation and reimbursement for expenses specified for consultants by subsection
(d)of this section,”; and "
(H)in subsection
(h)(as redesignated), by striking “Deputy Director” and inserting “Under Secretary for Arms Control and International Security”;
(14)in section 44 (22 U.S.C. 2584)—
(A)by striking “conflict-of-interest and”;
(B)by striking “The members” and all that follows through “(5 U.S.C. 2263), or any other” and inserting “Members of advisory boards and consultants may serve as such without regard to any”; and (C)Applicability. by inserting at the end the following new sentence: “This section shall apply only to individuals carrying out activities related to arms control, nonproliferation, and disarmament.”;
(15)in section 51 (22 U.S.C. 2593a)—
(A)in subsection (a)—
(i)in paragraphs
(1)and (3), by inserting “, non-proliferation,” after “arms control” each place it appears;
(ii)by striking “Director, in consultation with the Secretary of State,” and inserting “Secretary of State with the concurrence of the Director of Central Intelligence and in consultation with”;
(iii)by striking “the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence” and inserting “and the Chairman of the Joint Chiefs of Staff”;
(iv)by striking paragraphs
(2)and (4); and
(v)by redesignating paragraphs (3), (5), (6), and
(7)as paragraphs
(2)through (5), respectively; and
(B)by adding at the end of subsection
(b)the following: “The portions of this report described in paragraphs
(4)and
(5)of subsection
(a)shall summarize in detail, at least in classified annexes, the information, analysis, and conclusions relevant to possible noncompliance by other nations that are provided by United States intelligence agencies.”;112 STAT. 2681–772
(16)in section 52 (22 U.S.C. 2593b), by striking “Director” and inserting “Secretary of State”;
(17)in section 61 (22 U.S.C. 2593a)—
(A)in paragraph (1), by striking “United States Arms Control and Disarmament Agency” and inserting “Department of State”;
(B)by striking paragraph (2);
(C)by redesignating paragraphs
(3)through
(7)as paragraphs
(2)through (6), respectively;
(D)in paragraph
(4)(as redesignated), by striking “paragraph (4)” and inserting “paragraph (3)”; and
(E)in paragraph
(6)(as redesignated), by striking “United States Arms Control and Disarmament Agency and the”;
(18)in section 62 (22 U.S.C. 2595a)—
(A)in subsection (c)—
(i)in the subsection heading, by striking “DIRECTOR” and inserting “SECRETARY OF STATE”; and
(ii)by striking “2(d), 22, and 34(c)” and inserting “102(3) and 304(b)”; and
(B)by striking “Director” and inserting “Secretary of State”;
(19)in section 64 (22 U.S.C. 2595b–1)—
(A)by striking the section title and inserting “**SEC. 503. REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.**”
(B)by striking subsection (a); and
(C)in subsection (b)—
(i)by striking “(b) Review of Certain Re-Programming Notifications.—”; and
(ii)by striking “Foreign Affairs” and inserting “International Relations”;
(20)in section 65(1) (22 U.S.C. 2595c(D) by inserting “of America” after “United States”; and
(21)by redesignating sections 1, 2, 3, 27, 28, 31, 32, 33,[22 USC 2551](/us/usc/t22/s2551) *et seq*. 34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, and 65, as amended by this section, as sections 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 501, 502, 503, and 504, respectively. SEC. 1224. COMPENSATION OF OFFICERS. Title 5, United States Code, is amended—
(1)in section 5313, by striking “Director of the United States Arms Control and Disarmament Agency.”;
(2)in section 5314, by striking “Deputy Director of the United States Arms Control and Disarmament Agency.”;
(3)in section 5315—
(A)by striking “Assistant Directors, United States Arms Control and Disarmament Agency (4).”; and
(B)by striking “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, United States Arms Control and Disarmament Agency”, and inserting “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State”; and
(4)in section 5316, by striking “General Counsel of the United States Arms Control and Disarmament Agency”.112 STAT. 2681–773 SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.
(a)Arms Export Control Act.—The Arms Export Control Act is amended—
(1)in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by striking “Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense” and inserting “Secretary of State in consultation with the Secretary of Defense and the Director of Central Intelligence”;
(2)in section 38(a)(2) (22 U.S.C. 2778(a)(2))—
(A)in the first sentence, by striking “be made in coordination with the Director of the United States Arms Control and Disarmament Agency, taking into account the Director’s assessment as to” and inserting “take into account”; and
(B)by striking the second sentence;
(3)in section 42(a) (22 U.S.C. 2791(a))—
(A)in paragraph (1)(C), by striking “the assessment of the Director of the United States Arms Control and Disarmament Agency as to”;
(B)by striking “(1)” after “(a)”; and
(C)by striking paragraph (2);
(4)in section 71(a) (22 U.S.C. 2797(a)), by striking “, the Director of the Arms Control and Disarmament Agency,”;
(5)in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking “and the Director of the United States Arms Control and Disarmament Agency”;
(6)in section 71(b)(2) (22 U.S.C. 2797(b)(2))—
(A)by striking “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency” and inserting “and the Secretary of Commerce”; and
(B)by striking “or the Director”;
(7)in section 71(c) (22 U.S.C. 2797(c)), by striking “with the Director of the United States Arms Control and Disarmament Agency,”; and
(8)in section 73(d) (22 U.S.C. 2797b(d)), by striking “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency” and inserting “and the Secretary of Commerce”.
(b)Foreign Assistance Act.—Section 511 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321d) is amended by striking “be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account his opinion as to” and inserting “take into account”.
(c)United States Institute of Peace Act.—
(1)Section 1706(b) of the United States Institute of Peace Act (22 U.S.C. 4605(b)) is amended—
(A)by striking paragraph (3);
(B)by redesignating paragraphs
(4)and
(5)as paragraphs
(3)and (4), respectively; and
(C)in paragraph
(4)(as redesignated), by striking “Eleven” and inserting “Twelve”.
(2)Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) is amended by striking “, Director of the Arms Control and Disarmament Agency”.112 STAT. 2681–774
(d)Atomic Energy Act of 1954.—The Atomic Energy Act of 1954 is amended—
(1)in section 57b. (42 U.S.C. 2077(b))—
(A)in the first sentence, by striking “the Arms Control and Disarmament Agency,”; and
(B)in the second sentence, by striking “the Director of the Arms Control and Disarmament Agency,”;
(2)in section 109b. (42 U.S.C. 2129(b)), by striking “and[42 USC 2139](/us/usc/t42/s2139). the Director”;
(3)in section 111b. (42 U.S.C. 2131(b)) by striking “the[42 USC 2141](/us/usc/t42/s2141). Arms Control and Disarmament Agency, the Nuclear Regulatory Commission,” and inserting “the Nuclear Regulatory Commission”;
(4)in section 123 (42 U.S.C. 2153)—
(A)in subsection a., in the third sentence—
(i)by striking “and in consultation with the Director of the Arms Control and Disarmament Agency (‘the Director’)”;
(ii)by inserting “and” after “Energy,”;
(iii)by striking “Commission, and the Director, who” and inserting “Commission. The Secretary of State”; and
(iv)after “nuclear explosive purpose.”, by inserting the following new sentence: “Each Nuclear Proliferation Assessment Statement prepared pursuant to this Act shall be accompanied by a classified annex, prepared in consultation with the Director of Central Intelligence, summarizing relevant classified information.”;
(B)in subsection d., in the first proviso—
(i)by striking “Nuclear Proliferation Assessment Statement prepared by the Director of the Arms Control and Disarmament Agency,” and inserting “Nuclear Proliferation Assessment Statement prepared by the Secretary of State, and any annexes thereto,”; and
(ii)by striking “has been” and inserting “have been”; and
(C)in the first undesignated paragraph following subsection d., by striking “the Arms Control and Disarmament Agency,”;
(5)in section 126a.(1), by striking “the Director of the[42 USC 2155](/us/usc/t42/s2155). Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission” and inserting “and the Nuclear Regulatory Commission,”;
(6)in section 131a. (42 U.S.C. 2160(a))—
(A)in paragraph (1)—
(i)in the first sentence, by striking “the Director,”;
(ii)in the third sentence, by striking “the Director declares that he intends” and inserting “the Secretary of State is required”; and
(iii)in the third sentence, by striking “the Director’s declaration” and inserting “the requirement to prepare a Nuclear Proliferation Assessment Statement”;
(B)in paragraph (2)—
(i)by striking “Director’s view” and inserting “view of the Secretary of State, Secretary of Energy, Secretary of Defense, or the Commission”; and112 STAT. 2681–775
(ii)by striking “he may prepare” and inserting “the Secretary of State, in consultation with such Secretary or the Commission, shall prepare”; and
(7)in section 131c. (42 U.S.C. 2160(c))—
(A)in the first sentence, by striking “, the Director of the Arms Control and Disarmament Agency,”;
(B)in the sixth and seventh sentences, by striking “Director” each place it appears and inserting “Secretary of State”; and
(C)in the seventh sentence, by striking “Director’s” and inserting “Secretary of State’s”.
(e)Nuclear Non-Proliferation Act of 1978.—The Nuclear Non-Proliferation Act of 1978 is amended—
(1)in section 4 (22 U.S.C. 3203)—
(A)by striking paragraph (2); and
(B)by redesignating paragraphs
(3)through
(8)as paragraphs
(2)through (7), respectively;
(2)in section 102 (22 U.S.C. 3222), by striking “, the Secretary of State, and the Director of the Arms Control and Disarmament Agency” and inserting “and the Secretary of State”;
(3)in section 304(d) (42 U.S.C. 2156a), by striking “the Secretary of Defense, and the Director,” and inserting “and the Secretary of Defense,”;
(4)in section 309 (42 U.S.C. 2139a)—
(A)in subsection (b), by striking “the Department of Commerce, and the Arms Control and Disarmament Agency” and inserting “and the Department of Commerce”; and
(B)in subsection (c), by striking “the Arms Control and Disarmament Agency,”;
(5)in section 406 (42 U.S.C. 2160a), by inserting “, or any annexes thereto,” after “Statement”; and
(6)in section 602 (22 U.S.C. 3282)—
(A)in subsection (c), by striking “the Arms Control and Disarmament Agency,”; and
(B)in subsection (e), by striking “and the Director”.
(f)State Department Basic Authorities Act of 1956.—Section 23(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695(a)) is amended by striking “the Agency for International Development, and the Arms Control and Disarmament Agency” and inserting “and the Agency for International Development”.
(g)Foreign Relations Authorization Act of 1972.—Section 502 of the Foreign Relations Authorization Act of 1972 (2 U.S.C. 194a) is amended by striking “the United States Arms Control and Disarmament Agency,”.
(h)Title 49.—Section 40118(d) of title 49, United States Code, is amended by striking “, or the Director of the Arms Control and Disarmament Agency”.112 STAT. 2681–776 TITLE XIII—UNITED STATES INFORMATION AGENCY SEC. 1301. EFFECTIVE DATE.[22 USC 6531 note](/us/usc/t22/s6531). This title, and the amendments made by this title, shall take effect on the earlier of—
(1)October 1, 1999; or
(2)the date of abolition of the United States Information Agency pursuant to the reorganization plan described in section 1601. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS SEC. 1311. ABOLITION OF UNITED STATES INFORMATION AGENCY.[22 USC 6531](/us/usc/t22/s6531). The United States Information Agency (other than the Broadcasting Board of Governors and the International Broadcasting Bureau) is abolished. SEC. 1312. TRANSFER OF FUNCTIONS.[22 USC 6532](/us/usc/t22/s6532).
(a)In General.—There are transferred to the Secretary of State all functions of the Director of the United States Information Agency and all functions of the United States Information Agency and any office or component of such agency, under any statute, reorganization plan, Executive order, or other provision of law, as of the day before the effective date of this title.
(b)Exception.—Subsection
(a)does not apply to the Broadcasting Board of Governors, the International Broadcasting Bureau, or any function performed by the Board or the Bureau. SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY. Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is further amended by adding at the end the following new paragraph: " “(3) Under secretary for public diplomacy.—There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Public Diplomacy, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the formation and implementation of United States public diplomacy policies and activities, including international educational and cultural exchange programs, information, and international broadcasting.”. " SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF FUNCTIONS.[22 USC 6533](/us/usc/t22/s6533).
(a)Abolition of Office.—The Office of Inspector General of the United States Information Agency is abolished.
(b)Amendments to Inspector General Act of 1978.—Section 11 of the Inspector General Act of 1978 (5 U.S.C. App ) is amended—
(1)in paragraph (1), by striking “the Office of Personnel Management, the United States Information Agency” and inserting “or the Office of Personnel Management”; and
(2)in paragraph (2), by striking “the United States Information Agency,”.
(c)Executive Schedule.—Section 5315 of title 5, United States Code, is amended by striking the following:112 STAT. 2681–777 " “Inspector General, United States Information Agency.”. "
(d)Amendments to Public Law 103–236.—Subsections
(i)and
(j)of section 308 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6207
(i)and (j)) are amended—
(1)by striking “Inspector General of the United States Information Agency” each place it appears and inserting “Inspector General of the Department of State and the Foreign Service”; and
(2)by striking “, the Director of the United States Information Agency,”.
(e)Transfer of Functions.—There are transferred to the Office of the Inspector General of the Department of State and the Foreign Service the functions that the Office of Inspector General of the United States Information Agency exercised before the effective date of this title (including all related functions of the Inspector General of the United States Information Agency). CHAPTER 3—INTERNATIONAL BROADCASTING SEC. 1321.[22 USC 6541](/us/usc/t22/s6541). CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. Congress finds that—
(1)it is the policy of the United States to promote the right of freedom of opinion and expression, including the freedom “to seek, receive, and impart information and ideas through any media and regardless of frontiers”, in accordance with Article 19 of the Universal Declaration of Human Rights;
(2)open communication of information and ideas among the peoples of the world contributes to international peace and stability, and the promotion of such communication is in the interests of the United States;
(3)it is in the interest of the United States to support broadcasting to other nations consistent with the requirements of this chapter and the United States International Broadcasting Act of 1994; and
(4)international broadcasting is, and should remain, an essential instrument of United States foreign policy. SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS. Section 304(a) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to read as follows: " “(a) Continued Existence Within Executive Branch.— “(1) In general.—The Broadcasting Board of Governors shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United States Code. “(2) Retention of existing board members.—The members of the Broadcasting Board of Governors appointed by the President pursuant to subsection (b)(1)(A) before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998 and holding office as of that date may serve the remainder of their terms of office without reappointment. “(3) Inspector general authorities.— “(A) In general.—The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the Broadcasting 112 STAT. 2681–778Board of Governors and the International Broadcasting Bureau as the Inspector General exercises under the Inspector General Act of 1978 and section 209 of the Foreign Service Act of 1980 with respect to the Department of State. “(B) Respect for journalistic integrity of broadcasters.—The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this title and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.”. " SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994.
(a)References in Section.—Whenever in this section an amendment or repeal is expressed as an amendment or repeal of a provision, the reference shall be deemed to be made to the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.).
(b)Substitution of Secretary of State.—Sections 304(b)(1)(B), 304(b)
(2)and (3), 304(c), and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b)
(2)and (3), 6203(c), and 6203(e)) are amended by striking “Director of the United States Information Agency” each place it appears and inserting “Secretary of State”.
(c)Substitution of Acting Secretary of State.—Section 304(c) (22 U.S.C. 6203(c)) is amended by striking “acting Director of the agency” and inserting “Acting Secretary of State”.
(d)Standards and Principles of International Broadcasting.—Section 303(b) (22 U.S.C. 6202(b)) is amended—
(1)in paragraph (3), by inserting “, including editorials, broadcast by the Voice of America, which present the views of the United States Government” after “policies”;
(2)by redesignating paragraphs
(4)through
(9)as paragraphs
(5)through (10), respectively; and
(3)by inserting after paragraph
(3)the following: " “(4) the capability to provide a surge capacity to support United States foreign policy objectives during crises abroad;”; "
(e)Authorities of the Board.—Section 305(a) (22 U.S.C. 6204(a)) is amended—
(1)in paragraph (1)—
(A)by striking “direct and”; and
(B)by striking “and the Television Broadcasting to Cuba Act” and inserting “, the Television Broadcasting to Cuba Act, and Worldnet Television, except as provided in section 306(b)”;
(2)in paragraph (4), by inserting “, after consultation with the Secretary of State,” after “annually,”;
(3)in paragraph (9)—
(A)by striking “, through the Director of the United States Information Agency,”; and
(B)by adding at the end the following new sentence: “Each annual report shall place special emphasis on the assessment described in paragraph (2).”;
(4)in paragraph (12)—
(A)by striking “1994 and 1995” and inserting “1998 and 1999”; and
(B)by striking “to the Board for International Broadcasting for such purposes for fiscal year 1993” and inserting 112 STAT. 2681–779“to the Board and the International Broadcasting Bureau for such purposes for fiscal year 1997”; and
(5)by adding at the end the following new paragraphs: " “(15)(A) To procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the rate provided for positions classified above grade GS–15 of the General Schedule under section 5108 of title 5, United States Code. “(B) To allow those providing such services, while away from their homes or their regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently, while so employed. “(16) To procure, pursuant to section 1535 of title 31, United States Code (commonly known as the ‘Economy Act’), such goods and services from other departments or agencies for the Board and the International Broadcasting Bureau as the Board determines are appropriate. “(17) To utilize the provisions of titles III, IV, V, VII, VIII, IX, and X of the United States Information and Educational Exchange Act of 1948, and section 6 of Reorganization Plan Number 2 of 1977, as in effect on the day before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, to the extent the Board considers necessary in carrying out the provisions and purposes of this title. “(18) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had been available to the Director of the United States Information Agency, the Bureau, or the Board before the effective date of title XIII of the Foreign Affairs Consolidation Act of 1998 for carrying out the broadcasting activities covered by this title.”. "
(f)Delegation of Authority.—Section 305 (22 U.S.C. 6204) is amended—
(1)by redesignating subsections (b), (c), and
(d)as subsections (c), (d), and (e), respectively; and
(2)by inserting after subsection
(a)the following new subsection: " “(b) Delegation of Authority.—The Board may delegate to the Director of the International Broadcasting Bureau, or any other officer or employee of the United States, to the extent the Board determines to be appropriate, the authorities provided in this section, except those authorities provided in paragraph (1), (2), (3), (4), (5), (6), (9), or
(11)of subsection (a).”. "
(g)Broadcasting Budgets.—Section 305(c)(1) (as redesignated) is amended—
(1)by striking “(1)” before “The Director”; and
(2)by striking “the Director of the United States Information Agency for the consideration of the Director as a part of the Agency’s budget submission to”.
(h)Repeal.—Section 305(c)(2) (as redesignated) is repealed.
(i)Implementation.—Section 305(d) (as redesignated) is amended to read as follows:112 STAT. 2681–780 " “(d) Professional Independence of Broadcasters.—The Secretary of State and the Board, in carrying out their functions, shall respect the professional independence and integrity of the International Broadcasting Bureau, its broadcasting services, and the grantees of the Board.”. "
(j)Foreign Policy Guidance.—Section 306 (22 U.S.C. 6205) is amended—
(1)in the section heading, by striking “**FOREIGN POLICY GUIDANCE**” and inserting “**ROLE OF THE SECRETARY OF STATE**”;
(2)by inserting “(a) Foreign Policy Guidance.—” immediately before “To”;
(3)by striking “State, acting through the Director of the United States Information Agency,” and inserting “State”;
(4)by inserting before the period at the end the following: “, as the Secretary may deem appropriate”; and
(5)by adding at the end the following: " “(b) Certain Worldnet Programming.—The Secretary of State is authorized to use Worldnet broadcasts for the purposes of continuing interactive dialogues with foreign media and other similar overseas public diplomacy programs sponsored by the Department of State. The Chairman of the Broadcasting Board of Governors shall provide access to Worldnet for this purpose on a nonreimbursable basis.”. "
(k)International Broadcasting Bureau.—Section 307 (22 U.S.C. 6206) is amended—
(1)in subsection (a), by striking “within the United States Information Agency” and inserting “under the Board”;
(2)in subsection (b)(1), by striking “Chairman of the Board, in consultation with the Director of the United States Information Agency and with the concurrence of a majority of the Board” and inserting “President, by and with the advice and consent of the Senate”;
(3)by redesignating subsection (b)(1) as subsection (b);
(4)by striking subsection (b)(2); and
(5)by adding at the end the following new subsection: " “(c) Responsibilities of the Director.—The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free Asia, RFE/ RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, the Office of Cuba Broadcasting, the Voice of America, and Worldnet.”. "
(l)Repeals.—The following provisions of law are repealed:
(1)Subsections
(k)and
(1)of section 308 (22 U.S.C. 6207 (k), (1)).
(2)Section 310 (22 U.S.C. 6209). SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT. The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) is amended—112 STAT. 2681–781 (1)[22 USC 1465a](/us/usc/t22/s1465/a), 1465d, 1465f. by striking “United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”; (2)[22 USC 1465a](/us/usc/t22/s1465/a), 1465d, 1465e, 1465f. by striking “Agency” each place it appears and inserting “Board”; (3)[22 USC 1465a](/us/usc/t22/s1465/a), 1465b, by striking “the Director of the United States Information Agency” each place it appears and inserting “the Broadcasting Board of Governors”;
(4)in section 4 (22 U.S.C. 1465b), by striking “the Voice of America” and inserting “the International Broadcasting Bureau”;
(5)in section 5 (22 U.S.C. 1465c)—
(A)by striking “Board” each place it appears and inserting “Advisory Board”; and
(B)in subsection (a), by striking the first sentence and inserting “There is established within the Office of the President the Advisory Board for Cuba Broadcasting (in this division referred to as the ‘Advisory Board’).”; and (6)[22 USC 1465b](/us/usc/t22/s1465/b). by striking any other reference to “Director” not amended by paragraph
(3)each place it appears and inserting “Board”. SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT. The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.) is amended—
(1)in section 243(a) (22 U.S.C. 1465bb(a)) and section 246 (22 U.S.C. 1465dd), by striking “United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”;
(2)in section 243(c) (22 U.S.C. 1465bb(c))—
(A)in the subsection heading, by striking “USIA”; and
(B)by striking “USIA Television” and inserting “the Television”;
(3)in section 244(c) (22 U.S.C. 1465cc(c)) and section 246 (22 U.S.C. 1465dd), by striking “Agency” each place it appears and inserting “Board”;
(4)in section 244 (22 U.S.C. 1465cc)—
(A)in the section heading, by striking “**OF THE UNITED STATES INFORMATION AGENCY**”,
(B)in subsection (a)—
(i)in the first sentence, by striking “The Director of the United States Information Agency shall establish” and inserting “There is”; and
(ii)in the second sentence—
(I)by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”; and
(II)by striking “the Director of the Voice of America” and inserting “the International Broadcasting Bureau”;
(C)in subsection (b)—
(i)by striking “Agency facilities” and inserting “Board facilities”; and
(ii)by striking “Information Agency” and inserting “International”; and
(D)in the heading of subsection (c), by striking “USIA”; and112 STAT. 2681–782
(5)in section 245(d) (22 U.S.C. 1465c note), by striking “Board” and inserting “Advisory Board”. SEC. 1326. TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, AND PERSONNEL.[22 USC 6542](/us/usc/t22/s6542).
(a)Transfer and Allocation of Property and Appropriations—
(1)In general.—The assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 1327(d)), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices of USIA transferred to the Broadcasting Board of Governors by this chapter shall be transferred to the Broadcasting Board of Governors for appropriate allocation.
(2)Additional transfers.—In addition to the transfers made under paragraph (1), there shall be transferred to the Chairman of the Broadcasting Board of Governors the assets, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds, as determined by the Secretary, in concurrence with the Broadcasting Board of Governors, to support the functions transferred by this chapter.
(b)Transfer of Personnel.—Notwithstanding any other provision of law—
(1)except as provided in subsection (c), all personnel and positions of USIA employed or maintained to carry out the functions transferred by this chapter to the Broadcasting Board of Governors shall be transferred to the Broadcasting Board of Governors at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer; and
(2)the personnel and positions of USIA, as determined by the Secretary of State, with the concurrence of the Broadcasting Board of Governors and the Director of USIA, to support the functions transferred by this chapter shall be transferred to the Broadcasting Board of Governors, including the International Broadcasting Bureau, at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer.
(c)Transfer and Allocation of Property, Appropriations, and Personnel Associated With Worldnet.—USIA personnel responsible for carrying out interactive dialogs with foreign media and other similar overseas public diplomacy programs using the Worldnet television broadcasting system, and funds associated with such personnel, shall be transferred to the Department of State in accordance with the provisions of title XVI of this subdivision.
(d)Incidental Transfers.—The Director of the Office of Management and Budget, when requested by the Broadcasting Board of Governors, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with functions and offices 112 STAT. 2681–783transferred from USIA, as may be necessary to carry out the provisions of this section. SEC. 1327.[22 USC 6543](/us/usc/t22/s6543). SAVINGS PROVISIONS.
(a)Continuing Legal Force and Effect.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—
(1)that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions exercised by the Broadcasting Board of Governors of the United States Information Agency on the day before the effective date of this title, and
(2)that are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Broadcasting Board of Governors, or other authorized official, a court of competent jurisdiction, or by operation of law.
(b)Pending Proceedings.—
(1)In general.—The provisions of this chapter, or amendments made by this chapter, shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Broadcasting Board of Governors of the United States Information Agency at the time this title takes effect, with respect to functions exercised by the Board as of the effective date of this title but such proceedings and applications shall be continued.
(2)Orders, appeals, and payments.—Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.
(3)Statutory construction.—Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted.
(c)Nonabatement of Proceedings.—No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Broadcasting Board of Governors, or any commission or component thereof, shall abate by reason of the enactment of this chapter. No cause of action by or against the Broadcasting Board of Governors, or any commission or component thereof, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this chapter.
(d)Continuation of Proceedings With Substitution of Parties.—
(1)Substitution of parties.—If, before the effective date of this title, USIA or the Broadcasting Board of Governors, 112 STAT. 2681–784or any officer thereof in the official capacity of such officer, is a party to a suit which is related to the functions transferred by this chapter, then effective on such date such suit shall be continued with the Broadcasting Board of Governors or other appropriate official of the Board substituted or added as a party.
(2)The Board shall participate in suits continued under paragraph
(1)where the Broadcasting Board of Governors or other appropriate official of the Board is added as a party and shall be liable for any judgments or remedies in those suits or proceedings arising from the exercise of the functions transferred by this chapter to the same extent that USIA would have been liable if such judgment or remedy had been rendered on the day before the abolition of USIA.
(e)Administrative Actions Relating to Promulgation of Regulations.—Any administrative action relating to the preparation or promulgation of a regulation by the Broadcasting Board of Governors relating to a function exercised by the Board before the effective date of this title may be continued by the Board with the same effect as if this chapter had not been enacted.
(f)Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Broadcasting Board of Governors of the United States Information Agency with regard to functions exercised before the effective date of this title, shall be deemed to refer to the Board. SEC. 1328. REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED.[22 USC 6544](/us/usc/t22/s6544). Not later than March 1 of each year, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report on the progress of the Board and of RFE/RL, Incorporated, on any steps taken to further the policy declared in section 312(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. The report under this subsection shall include the following:
(1)Efforts by RFE/RL, Incorporated, to terminate individual language services.
(2)A detailed description of steps taken with regard to section 312(a) of that Act.
(3)An analysis of prospects for privatization over the coming year.
(4)An assessment of the extent to which United States Government funding may be appropriate in the year 2000 and subsequent years for surrogate broadcasting to the countries to which RFE/RL, Incorporated, broadcast during the year. This assessment shall include an analysis of the environment for independent media in those countries, noting the extent of government control of the media, the ability of independent journalists and news organizations to operate, relevant domestic legislation, level of government harassment and efforts to censor, and other indications of whether the people of such countries enjoy freedom of expression.112 STAT. 2681–785 CHAPTER 4—CONFORMING AMENDMENTS SEC. 1331.[22 USC 6551](/us/usc/t22/s6551). REFERENCES.
(a)In General.—Except as otherwise provided in this subdivision, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to—
(1)the Director of the United States Information Agency or the Director of the International Communication Agency shall be deemed to refer to the Secretary of State; and
(2)the United States Information Agency, USIA, or the International Communication Agency shall be deemed to refer to the Department of State.
(b)Continuing References to USIA or Director.—Subsection
(a)shall not apply to section 146 (a), (b), or
(c)of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)). SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE. Title 5, United States Code, is amended—
(1)in section 5313, by striking “Director of the United States Information Agency.”;
(2)in section 5315—
(A)by striking “Deputy Director of the United States Information Agency.”; and
(B)by striking “Director of the International Broadcasting Bureau, the United States Information Agency.” and inserting “Director of the International Broadcasting Bureau.”; and
(3)in section 5316—
(A)by striking “Deputy Director, Policy and Plans, United States Information Agency.”; and
(B)by striking “Associate Director (Policy and Plans), United States Information Agency.”. SEC. 1333.[22 USC 6552](/us/usc/t22/s6552). APPLICATION OF CERTAIN LAWS.
(a)Application to Functions of Department of State.—Section 501 of Public Law 80–402 (22 U.S.C. 1461), section 202 of Public Law 95–426 (22 U.S.C. 1461–1), and section 208 of Public Law 99–93 (22 U.S.C. 1461–1a) shall not apply to public affairs and other information dissemination functions of the Secretary of State as carried out prior to any transfer of functions pursuant to this subdivision.
(b)Application to Functions Transferred to Department of State.—Section 501 of Public Law 80–402 (22 U.S.C. 1461), section 202 of Public Law 95–426 (22 U.S.C. 1461–1), and section 208 of Public Law 99–93 (22 U.S.C. 1461–1a) shall apply only to public diplomacy programs of the Director of the United States Information Agency as carried out prior to any transfer of functions pursuant to this subdivision to the same extent that such programs were covered by these provisions prior to such transfer.
(c)Limitation on Use of Funds.—Except as provided in section 501 of Public Law 80–402 and section 208 of Public Law 99–93, funds specifically authorized to be appropriated for such public diplomacy programs shall not be used to influence public opinion in the United States, and no program material prepared 112 STAT. 2681–786using such funds shall be distributed or disseminated in the United States.
(d)Reporting Requirements.—The report submitted pursuant to section 1601(f) of this subdivision shall include a detailed statement of the manner in which the special mission of public diplomacy carried out by USIA prior to the transfer of functions under this subdivision shall be preserved within the Department of State, including the planned duties and responsibilities of any new bureaus that will perform such public diplomacy functions. Such report shall also include the best available estimates of—
(1)the amounts expended by the Department of State for public affairs programs during fiscal year 1998, and on the personnel and support costs for such programs;
(2)the amounts expended by USIA for its public diplomacy programs during fiscal year 1998, and on the personnel and support costs for such programs; and
(3)the amounts, including funds to be transferred from USIA and funds appropriated to the Department, that will be allocated for the programs described in paragraphs
(1)and (2), respectively, during the fiscal year in which the transfer of functions from USIA to the Department occurs.
(e)Congressional Presentation Document.—The Department of State’s Congressional Presentation Document for fiscal year 2000 and each fiscal year thereafter shall include—
(1)the aggregated amounts that the Department will spend on such public diplomacy programs and on costs of personnel for such programs, and a detailed description of the goals and purposes for which such funds shall be expended; and
(2)the amount of funds allocated to and the positions authorized for such public diplomacy programs, including bureaus to be created upon the transfer of functions from USIA to the Department. SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.[22 USC 6553](/us/usc/t22/s6553).
(a)Abolition.—The United States Advisory Commission on Public Diplomacy is abolished.
(b)Repeals.—Section 604 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of Reorganization Plan Numbered 2 of 1977 are repealed. SEC. 1335. CONFORMING AMENDMENTS.
(a)The United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is amended—
(1)in section 505 (22 U.S.C. 1464a)—
(A)by striking “Director of the United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”;
(B)by striking “United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”;
(C)in subsection (b)—
(i)by striking “Agency’s” and all that follows through “‘USIA-TV’)” and inserting “television broadcasts of the United States International Television Service”; and112 STAT. 2681–787
(ii)in paragraphs (1), (2), and (3), by striking “USIA-TV” each place it appears and inserting “The United States International Television Service”; and
(D)in subsections
(d)and (e), by striking “USIA-TV” each place it appears and inserting “the United States International Television Service”;
(2)in section 506(c) (22 U.S.C. 1464b(c))—
(A)by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”;
(B)by striking “Agency” and inserting “Board”; and
(C)by striking “Director” and inserting “Board”;
(3)in section 705 (22 U.S.C 1477c)—
(A)by striking subsections
(a)and (c); and
(B)in subsection (b)—
(i)by striking “(b) In addition, the United States Information Agency” and inserting “The Department of State”; and
(ii)by striking “program grants” and inserting “grants for overseas public diplomacy programs”;
(4)in section 801(7) (22 U.S.C. 1471(7))—
(A)by striking “Agency” and inserting “overseas public diplomacy”; and
(B)by inserting “other” after “together with”; and
(5)in section 812 (22 U.S.C. 1475g)—
(A)by striking “United States Information Agency post” each place it appears and inserting “overseas public diplomacy post”;
(B)in subsection (a), by striking “United States Information Agency” the first place it appears and inserting “Department of State”;
(C)in subsection (b), by striking “Director of the United States Information Agency” and inserting “Secretary of State”; and
(D)in the section heading, by striking “**USIA**” and inserting “**OVERSEAS PUBLIC DIPLOMACY**”.
(b)Section 212 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended—
(1)by striking “United States Information Agency” each place it appears and inserting “Department of State”;
(2)in subsection (a), by inserting “for carrying out its overseas public diplomacy functions” after “grants”;
(3)in subsection (b)—
(A)by striking “a grant” the first time it appears and inserting “an overseas public diplomacy grant”; and
(B)in paragraph (1), by inserting “such” before “a grant” the first place it appears;
(4)in subsection (c)(1), by inserting “overseas public diplomacy” before “grants”;
(5)in subsection (c)(3), by inserting “such” before “grant”; and
(6)by striking subsection (d).
(c)Section 602 of the National and Community Service Act of 1990 (22 U.S.C. 2452a) is amended—
(1)in the second sentence of subsection (a), by striking “United States Information Agency” and inserting “Department of State”; and112 STAT. 2681–788
(2)in subsection (b)—
(A)by striking “appropriations account of the United States Information Agency” and inserting “appropriate appropriations account of the Department of State”; and
(B)by striking “and the United States Information Agency”.
(d)Section 305 of Public Law 97–446 (19 U.S.C. 2604) is amended in the first sentence, by striking “, after consultation with the Director of the United States Information Agency,”.
(e)Section 601 of Public Law 103–227 (20 U.S.C. 5951(a)) is amended by striking “of the Director of the United States Information Agency and with” and inserting “and”.
(f)Section 1003(b) of the Fascell Fellowship Act (22 U.S.C. 4902(b)) is amended—
(1)in the text above paragraph (1), by striking “9 members” and inserting “7 members”;
(2)in paragraph (4), by striking “Six” and inserting “Five”;
(3)by striking paragraph (3); and
(4)by redesignating paragraph
(4)as paragraph (3).
(g)Section 803 of the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 1903) is amended—
(1)in subsection (b)—
(A)by striking paragraph (6); and
(B)by redesignating paragraphs
(7)and
(8)as paragraphs
(6)and (7), respectively; and
(2)in subsection (c), by striking “subsection (b)(7)” and inserting “subsection (b)(6)”.
(h)Section 7 of the Federal Triangle Development Act (40 U.S.C. 1106) is amended—
(1)in subsection (c)(1)—
(A)in the text above subparagraph (A), by striking “15 members” and inserting “14 members”;
(B)by striking subparagraph (F); and
(C)by redesignating subparagraphs
(G)through
(J)as subparagraphs
(F)through (I), respectively;
(2)in paragraphs
(3)and
(5)of subsection (c), by striking “paragraph (I)(J)” each place it appears and inserting “paragraph (1)(I)”; and
(3)in subsection (d)(3) and subsection (e), by striking “the Administrator and the Director of the United States Information Agency” each place it appears and inserting “and the Administrator”.
(i)Section 3 of the Woodrow Wilson Memorial Act of 1968 (Public Law 90–637; 20 U.S.C. 80f) is amended—
(1)in subsection (b)—
(A)in the text preceding paragraph (1), by striking “19 members” and inserting “17 members”;
(B)by striking paragraph (7);
(C)by striking “10” in paragraph
(10)and inserting “9”; and
(D)by redesignating paragraphs
(8)through
(10)as paragraphs
(7)through (9), respectively; and
(2)in subsection (c), by striking “(9)” and inserting “(8)”.
(j)Section 624 of Public Law 89–329 (20 U.S.C. 1131c) is amended by striking “the United States Information Agency,”.
(k)The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended—112 STAT. 2681–789
(1)in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”;
(2)in section 210 (22 U.S.C. 3930), by striking “United States Information Agency” and inserting “Broadcasting Board of Governors”;
(3)in section 1003(a) (22 U.S.C. 4103(a)), by striking “United States Information Agency” and inserting “Broadcasting Board of Governors”; and
(4)in section 1101(c) (22 U.S.C. 4131(c)), by striking “the United States Information Agency,” and inserting “Broadcasting Board of Governors,”.
(l)The State Department Authorities Act of 1956, as amended by this division, is further amended—
(1)in section 23(a) (22 U.S.C. 2695(a)), by striking “United States Information Agency” and inserting “Broadcasting Board of Governors”;
(2)in section 25(f) (22 U.S.C. 2697(f))—
(A)by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”; and
(B)by striking “with respect to their respective agencies” and inserting “with respect to the Board and the Agency”;
(3)in section 26(b) (22 U.S.C. 2698(b)), as amended by this division—
(A)by striking “Director of the United States Information Agency, the chairman of the Board for International Broadcasting,” and inserting “Broadcasting Board of Governors,”; and
(B)by striking “with respect to their respective agencies” and inserting “with respect to the Board and the Agency”; and
(4)in section 32 (22 U.S.C. 2704), as amended by this division, by striking “the Director of the United States Information Agency” and inserting “the Broadcasting Board of Governors”.
(m)Section 507(b)(3) of Public Law 103–317 (22 U.S.C. 2669a(b)(3)) is amended by striking “, the United States Information Agency,”.
(n)Section 502 of Public Law 92–352 (2 U.S.C. 194a) is amended by striking “the United States Information Agency,”.
(o)Section 6 of Public Law 104–288 (22 U.S.C. 2141d) is amended—
(1)in subsection (a), by striking “Director of the United States Information Agency,”; and
(2)in subsection (b), by striking “the Director of the United States Information Agency” and inserting “the Under Secretary of State for Public Diplomacy”.
(p)Section 40118(d) of title 49, United States Code, is amended by striking “, the Director of the United States Information Agency,”. (q)[22 USC 4001 note](/us/usc/t22/s4001). Section 155 of Public Law 102–138 is amended—
(1)by striking the comma before “Department of Commerce” and inserting “and”; and
(2)by striking “, and the United States Information Agency”.112 STAT. 2681–790
(r)Section 107 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended by striking “Director of the United States Information Agency” each place it appears and inserting “Director of the International Broadcasting Bureau”. SEC. 1336. REPEALS. The following provisions are repealed:
(1)Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b), 807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C 14750, and 1009 (22 U.S.C. 1440) of the United States Information and Educational Exchange Act of 1948.
(2)Section 106(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2456(c)).
(3)Section 565(e) of the Anti-Economic Discrimination Act of 1994 (22 U.S.C. 2679c(e)).
(4)Section 206(b) of Public Law 102–138.[22 USC 1475g note](/us/usc/t22/s1475/g).[22 USC 4001 note](/us/usc/t22/s4001).5 USC app.; [22 USC 1461 note](/us/usc/t22/s1461).[22 USC 1464a note](/us/usc/t22/s1464/a).
(5)Section 2241 of Public Law 104–66.
(6)Sections 1 through 6 of Reorganization Plan Numbered 2 of 1977 (91 Stat. 636).
(7)Section 207 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204; 22 U.S.C. 1463 note). TITLE XIV—UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY CHAPTER 1—GENERAL PROVISIONS SEC. 1401. EFFECTIVE DATE.[22 USC 6561 note](/us/usc/t22/s6561). This title, and the amendments made by this title, shall take effect on the earlier of—
(1)April 1, 1999; or
(2)the date of abolition of the United States International Development Cooperation Agency pursuant to the reorganization plan described in section 1601. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS SEC. 1411. ABOLITION OF UNITED STATES INTERNATIONAL DEVELOP MENT COOPERATION AGENCY.[22 USC 6561](/us/usc/t22/s6561).
(a)In General.—Except for the components specified in subsection (b), the United States International Development Cooperation Agency (including the Institute for Scientific and Technological Cooperation) is abolished.
(b)AID and OPIC Exempted.—Subsection
(a)does not apply to the Agency for International Development or the Overseas Private Investment Corporation. SEC. 1412. TRANSFER OF FUNCTIONS AND AUTHORITIES.[22 USC 6562](/us/usc/t22/s6562).
(a)Allocation of Funds.—
(1)Allocation to the secretary of state.—Funds made available under the categories of assistance deemed allocated to the Director of the International Development Cooperation Agency under section 1–801 of Executive Order No. 12163 (22 U.S.C. 2381 note) as of October 1, 1997, shall be allocated 112 STAT. 2681–791to the Secretary of State on and after the effective date of this title without further action by the President.
(2)Procedures for reallocations or transfers.—The Secretary of State may allocate or transfer as appropriate any funds received under paragraph
(1)in the same manner as previously provided for the Director of the International Development Cooperation Agency under section 1–802 of that Executive Order, as in effect on October 1, 1997.
(b)With Respect to the Overseas Private Investment Corporation.—There are transferred to the Administrator of the Agency for International Development all functions of the Director of the United States International Development Cooperation Agency as of the day before the effective date of this title with respect to the Overseas Private Investment Corporation.
(c)Other Activities.—The authorities and functions transferred to the United States International Development Cooperation Agency or the Director of that Agency by section 6 of Reorganization Plan Numbered 2 of 1979 shall, to the extent such authorities and functions have not been repealed, be transferred to those agencies or heads of agencies, as the case may be, in which those authorities and functions were vested by statute as of the day before the effective date of such reorganization plan. SEC. 1413.[22 USC 6563](/us/usc/t22/s6563). STATUS OF AID.
(a)In General.—Unless abolished pursuant to the reorganization plan submitted under section 1601, and except as provided in section 1412, there is within the Executive branch of Government the United States Agency for International Development as an entity described in section 104 of title 5, United States Code.
(b)Retention of Officers.—Nothing in this section shall require the reappointment of any officer of the United States serving in the Agency for International Development of the United States International Development Cooperation Agency as of the day before the effective date of this title. CHAPTER 3—CONFORMING AMENDMENTS SEC. 1421.[22 USC 6571](/us/usc/t22/s6571). REFERENCES. Except as otherwise provided in this subdivision, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the United States International Development Cooperation Agency
(IDCA)or to the Director or any other officer or employee of IDCA—
(1)insofar as such reference relates to any function or authority transferred under section 1412(a), shall be deemed to refer to the Secretary of State;
(2)insofar as such reference relates to any function or authority transferred under section 1412(b), shall be deemed to refer to the Administrator of the Agency for International Development;
(3)insofar as such reference relates to any function or authority transferred under section 1412(c), shall be deemed to refer to the head of the agency to which such function or authority is transferred under such section; and
(4)insofar as such reference relates to any function or authority not transferred by this title, shall be deemed to 112 STAT. 2681–792refer to the President or such agency or agencies as may be specified by Executive order. SEC. 1422. CONFORMING AMENDMENTS.
(a)Termination of Reorganization Plans and Delegations.—5 USC app.; [22 USC 2381 note](/us/usc/t22/s2381).The following shall cease to be effective:
(1)Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).
(2)Section 1–101 through 1–103, sections 1–401 through 1–403, section 1–801(a), and such other provisions that relate to the United States International Development Cooperation Agency or the Director of IDCA, of Executive Order No. 12163 (22 U.S.C. 2381 note; relating to administration of foreign assistance and related functions).
(3)The International Development Cooperation Agency Delegation of Authority Numbered 1 (44 Fed. Reg. 57521), except for section 1–6 of such Delegation of Authority.
(4)Section 3 of Executive Order No. 12884 (58 Fed. Reg.[22 USC 5812 note](/us/usc/t22/s5812). 64099; relating to the delegation of functions under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, the Foreign Assistance Act of 1961, the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993, and section 301 of title 3, United States Code).
(b)Other Statutory Amendments and Repeal.—
(1)Title 5.—Section 7103(a)(2)(B)(iv) of title 5, United States Code, is amended by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”.
(2)Inspector general act of 1978.—Section 8A of the Inspector General Act of 1978 (5 U.S.C. App. 3) is amended—
(A)in subsection (a)—
(i)by striking “Development” through “(1) shall” and inserting “Development shall”;
(ii)by striking “, and” at the end of subsection (a)(1) and inserting a period; and
(iii)by striking paragraph (2);
(B)by striking subsections
(c)and (f); and
(C)by redesignating subsections (d), (e), (g), and
(h)as subsections (c), (d), (e), and (f), respectively.
(3)State Department Basic Authorities Act of 1956.—The State Department Basic Authorities Act of 1956 is amended—
(A)in section 25(f) (22 U.S.C. 2697(f)), as amended by this division, by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”;
(B)in section 26(b) (22 U.S.C. 2698(b)), as amended by this division Act, by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”; and
(C)in section 32 (22 U.S.C. 2704), by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”.112 STAT. 2681–793
(4)Foreign service act of 1980.—The Foreign Service Act of 1980 is amended—
(A)in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”;
(B)in section 210 (22 U.S.C. 3930), by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”;
(C)in section 1003(a) (22 U.S.C. 4103(a)), by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”; and
(D)in section 1101(c) (22 U.S.C. 4131(c)), by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”.
(5)Repeal.—Section 413 of Public Law 96–53 (22 U.S.C. 3512) is repealed.
(6)Title 49.—Section 40118(d) of title 49, United States Code, is amended by striking “the Director of the United States International Development Cooperation Agency” and inserting “or the Administrator of the Agency for International Development”.
(7)Export administration act of 1979.—Section 2405(g) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(g)) is amended—
(A)by striking “Director of the United States International Development Cooperation Agency” each place it appears and inserting “Administrator of the Agency for International Development”; and
(B)in the fourth sentence, by striking “Director” and inserting “Administrator”. TITLE XV—AGENCY FOR INTERNATIONAL DEVELOPMENT CHAPTER 1—GENERAL PROVISIONS SEC. 1501. EFFECTIVE DATE. This title, and the amendments made by this title, shall take effect on the earlier of—
(1)April 1,1999; or
(2)the date of reorganization of the Agency for International Development pursuant to the reorganization plan described in section 1601. CHAPTER 2—[22 USC 6581 note](/us/usc/t22/s6581).REORGANIZATION AND TRANSFER OF FUNCTIONS SEC. 1511.[22 USC 6581](/us/usc/t22/s6581). REORGANIZATION OF AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a)In General.—The Agency for International Development shall be reorganized in accordance with this subdivision and the reorganization plan transmitted pursuant to section 1601.
(b)Functions to be Transferred.—The reorganization of the Agency for International Development shall provide, at a 112 STAT. 2681–794minimum, for the transfer to and consolidation with the Department of State of the following functions of AID:
(1)The Press office.
(2)Certain administrative functions. CHAPTER 3—AUTHORITIES OF THE SECRETARY OF STATE SEC. 1521. DEFINITION OF UNITED STATES ASSISTANCE.[22 USC 6591](/us/usc/t22/s6591). In this chapter, the term “United States assistance” means development and other economic assistance, including assistance made available under the following provisions of law:
(1)Chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance).
(2)Chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund).
(3)Chapter 10 of part I of the Foreign Assistance Act of 1961 (relating to the Development Fund for Africa).
(4)Chapter 11 of part I of the Foreign Assistance Act of 1961 (relating to assistance for the independent states of the former Soviet Union).
(5)The Support for East European Democracy Act (22 U.S.C. 5401 et seq.). SEC. 1522. ADMINISTRATOR OF AID REPORTING TO THE SECRETARY OF STATE.[22 USC 6592](/us/usc/t22/s6592). The Administrator of the Agency for International Development, appointed pursuant to section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall report to and be under the direct authority and foreign policy guidance of the Secretary of State. SEC. 1523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.[22 USC 6593](/us/usc/t22/s6593).
(a)Authority of the Secretary of State.—
(1)In general.—Under the direction of the President, the Secretary of State shall coordinate all United States assistance in accordance with this section, except as provided in paragraphs
(2)and (3).
(2)Export promotion activities.—Coordination of activities relating to promotion of exports of United States goods and services shall continue to be primarily the responsibility of the Secretary of Commerce.
(3)International economic activities.—Coordination of activities relating to United States participation in international financial institutions and relating to organization of multilateral efforts aimed at currency stabilization, currency convertibility, debt reduction, and comprehensive economic reform programs shall continue to be primarily the responsibility of the Secretary of the Treasury.
(4)Authorities and powers of the secretary of state.—The powers and authorities of the Secretary provided in this chapter are in addition to the powers and authorities provided to the Secretary under any other Act, including section 101(b) and section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(b), 2382(c)).
(b)Coordination Activities.—Coordination activities of the Secretary of State under subsection
(a)shall include—112 STAT. 2681–795
(1)approving an overall assistance and economic cooperation strategy;
(2)ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in the Foreign Assistance Act of 1961, the Arms Export Control Act, and other relevant assistance Acts;
(3)pursuing coordination with other countries and international organizations; and
(4)resolving policy, program, and funding disputes among United States Government agencies.
(c)Statutory Construction.—Nothing in this section may be construed to lessen the accountability of any Federal agency administering any program, project, or activity of United States assistance for any funds made available to the Federal agency for that purpose.
(d)Authority to Provide Personnel of the Agency for International Development.—The Administrator of the Agency for International Development is authorized to detail to the Department of State on a nonreimbursable basis such personnel employed by the Agency as the Secretary of State may require to carry out this section. TITLE XVI—TRANSITION CHAPTER 1—REORGANIZATION PLAN SEC. 1601.President.[22 USC 6601](/us/usc/t22/s6601). REORGANIZATION PLAN AND REPORT.
(a)Submission of Plan and Report.—Not later than 60 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a reorganization plan and report regarding—
(1)the abolition of the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency in accordance with this subdivision;
(2)with respect to the Agency for International Development, the consolidation and streamlining of the Agency and the transfer of certain functions of the Agency to the Department in accordance with section 1511;
(3)the termination of functions of each covered agency as may be necessary to effectuate the reorganization under this subdivision, and the termination of the affairs of each agency abolished under this subdivision;
(4)the transfer to the Department of the functions and personnel of each covered agency consistent with the provisions of this subdivision; and
(5)the consolidation, reorganization, and streamlining of the Department in connection with the transfer of such functions and personnel in order to carry out such functions.
(b)Covered Agencies.—The agencies covered by this section are the following:
(1)The United States Arms Control and Disarmament Agency.
(2)The United States Information Agency.
(3)The United States International Development Cooperation Agency.
(4)The Agency for International Development.112 STAT. 2681–796
(c)Plan Elements.—The plan transmitted under subsection
(a)shall contain, consistent with this subdivision, such elements as the President deems appropriate, including elements that—
(1)identify the functions of each covered agency that will be transferred to the Department under the plan;
(2)specify the steps to be taken by the Secretary of State to reorganize internally the functions of the Department, including the consolidation of offices and functions, that will be required under the plan in order to permit the Department to carry out the functions transferred to it under the plan;
(3)specify the funds available to each covered agency that will be transferred to the Department as a result of the transfer of functions of such agency to the Department;
(4)specify the proposed allocations within the Department of unexpended funds transferred in connection with the transfer of functions under the plan; and
(5)specify the proposed disposition of the property, facilities, contracts, records, and other assets and liabilities of each covered agency in connection with the transfer of the functions of such agency to the Department.
(d)Reorganization Plan of Agency for International Development.—In addition to applicable provisions of subsection (c), the reorganization plan transmitted under this section for the Agency for International Development—
(1)may provide for the abolition of the Agency for International Development and the transfer of all its functions to the Department of State; or
(2)in lieu of the abolition and transfer of functions under paragraph (1)—
(A)shall provide for the transfer to and consolidation within the Department of the functions set forth in section 1511; and
(B)may provide for additional consolidation, reorganization, and streamlining of AID, including—
(i)the termination of functions and reductions in personnel of AID;
(ii)the transfer of functions of AID, and the personnel associated with such functions, to the Department; and
(iii)the consolidation, reorganization, and stream-lining of the Department upon the transfer of such functions and personnel in order to carry out the functions transferred.
(e)Modification of Plan.—The President may, on the basis of consultations with the appropriate congressional committees, modify or revise any part of the plan transmitted under subsection
(a)until that part of the plan becomes effective in accordance with subsection (g).
(f)Report.—The report accompanying the reorganization plan for the Department and the covered agencies submitted pursuant to this section shall describe the implementation of the plan and shall include—
(1)a detailed description of—
(A)the actions necessary or planned to complete the reorganization,
(B)the anticipated nature and substance of any orders, directives, and other administrative and operational actions 112 STAT. 2681–797which are expected to be required for completing or implementing the reorganization, and
(C)any preliminary actions which have been taken in the implementation process;
(2)the number of personnel and positions of each covered agency (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred to the Department, separated from service with such agency, or eliminated under the plan, and a projected schedule for such transfers, separations, and terminations;
(3)the number of personnel and positions of the Department (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred within the Department, separated from service with the Department, or eliminated under the plan, and a projected schedule for such transfers, separations, and terminations;
(4)a projected schedule for completion of the implementation process; and
(5)recommendations, if any, for legislation necessary to carry out changes made by this subdivision relating to personnel and to incidental transfers.
(g)Effective Date.—
(1)In general.—The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (e), shall become effective on the earlier of the date for the respective covered agency specified in paragraph
(2)or the date announced by the President under paragraph (3).
(2)Statutory effective dates.—The effective dates under this paragraph for the reorganization plan described in this section are the following:
(A)April 1, 1999, with respect to functions of the Agency for International Development described in section 1511.
(B)April 1, 1999, with respect to the abolition of the United States Arms Control and Disarmament Agency and the United States International Development Cooperation Agency.
(C)October 1, 1999, with respect to the abolition of the United States Information Agency. (3)Federal Register, publication. Effective date by presidential determination.—An effective date under this paragraph for a reorganization plan described in this section is such date as the President shall determine to be appropriate and announce by notice published in the Federal Register, which date may be not earlier than 90 calendar days after the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a).
(4)Statutory construction.—Nothing in this subsection may be construed to require the transfer of functions, personnel, records, balance of appropriations, or other assets of a covered agency on a single date. (5)Applicability. Supersedes existing law.—Paragraph
(1)shall apply notwithstanding section 905(b) of title 5, United States Code. (h)Federal Register, publication. Publication.—The reorganization plan described in this section shall be printed in the Federal Register after the date upon which it first becomes effective.112 STAT. 2681–798 CHAPTER 2—REORGANIZATION AUTHORITY SEC. 1611. REORGANIZATION AUTHORITY.[22 USC 6611](/us/usc/t22/s6611).
(a)In General.—The Secretary is authorized, subject to the requirements of this subdivision, to allocate or reallocate any function transferred to the Department under any title of this subdivision, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate to carry out any reorganization under this subdivision, but this subsection does not authorize the Secretary to modify the terms of any statute that establishes or defines the functions of any bureau, office, or officer of the Department.
(b)Requirements and Limitations on Reorganization Plan.—The reorganization plan transmitted under section 1601 may not have the effect of—
(1)creating a new executive department;
(2)continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made;
(3)authorizing a Federal agency to exercise a function which is not authorized by law at the time the plan is transmitted to Congress;
(4)creating a new Federal agency which is not a component or part of an existing executive department or independent agency; or
(5)increasing the term of an office beyond that provided by law for the office. SEC. 1612. TRANSFER AND ALLOCATION OF APPROPRIATIONS.[22 USC 6612](/us/usc/t22/s6612).
(a)In General.—Except as otherwise provided in this subdivision, the assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 1615(e)), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof, transferred by any title of this subdivision shall be transferred to the Secretary for appropriate allocation.
(b)Limitation on Use of Transferred Funds.—Except as provided in subsection (c), unexpended and unobligated funds transferred pursuant to any title of this subdivision shall be used only for the purposes for which the funds were originally authorized and appropriated.
(c)Funds to Facilitate Transition.—
(1)Congressional notification.—Funds transferred pursuant to subsection
(a)may be available for the purposes of reorganization subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(2)Transfer authority.—Funds in any account appropriated to the Department of State may be transferred to another such account for the purposes of reorganization, subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 34 of the State Department Basic 112 STAT. 2681–799Authorities Act of 1956 (22 U.S.C. 2706). The authority in this paragraph is in addition to any other transfer authority available to the Secretary of State and shall expire September 30, 2000. SEC. 1613. TRANSFER, APPOINTMENT, AND ASSIGNMENT OF PERSONNEL.[22 USC 6613](/us/usc/t22/s6613).
(a)Transfer of Personnel From ACDA and USIA.—Except as otherwise provided in title XIII—
(1)not later than the date of abolition of ACDA, all personnel and positions of ACDA, and
(2)not later than the date of abolition of USIA, all personnel and positions of USIA, shall be transferred to the Department of State at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer.
(b)Transfer of Personnel From AID.—Except as otherwise provided in title XIII, not later than the date of transfer of any function of AID to the Department of State under this subdivision, all AID personnel performing such functions and all positions associated with such functions shall be transferred to the Department of State at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer.
(c)Assignment Authority.—The Secretary, for a period of not more than 6 months commencing on the effective date of the transfer to the Department of State of personnel under subsections
(a)and (b), is authorized to assign such personnel to any position or set of duties in the Department of State regardless of the position held or duties performed by such personnel prior to transfer, except that, by virtue of such assignment, such personnel shall not have their grade or class or their rate of basic pay or basic salary rate reduced, nor their tenure changed. The Secretary shall consult with the relevant exclusive representatives (as defined in section 1002 of the Foreign Service Act and in section 7103 of title 5, United States Code) with regard to the exercise of this authority. This subsection does not authorize the Secretary to assign any individual to any position that by law requires appointment by the President, by and with the advice and consent of the Senate.
(d)Superseding Other Provisions of Law.—Subsections
(a)through
(c)shall be exercised notwithstanding any other provision of law. SEC. 1614.[22 USC 6614](/us/usc/t22/s6614). INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, when requested by the Secretary, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of any title of this subdivision. The Director of the Office of Management and Budget, in consultation with the Secretary, shall provide for the termination of the affairs of all entities terminated by this subdivision and for such further measures and dispositions as may be necessary to effectuate the purposes of any title of this subdivision.112 STAT. 2681–800 SEC. 1615. SAVINGS PROVISIONS.[22 USC 6615](/us/usc/t22/s6615).
(a)Continuing Legal Force and Effect.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—
(1)that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof or by a court of competent jurisdiction, in the performance of functions that are transferred under any title of this subdivision; and
(2)that are in effect as of the effective date of such title, or were final before the effective date of such title and are to become effective on or after the effective date of such title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law.
(b)Pending Proceedings.—
(1)In general.—The provisions of any title of this subdivision shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of any title of this subdivision Before any Federal agency, commission, or component thereof, functions of which are transferred by any title of this subdivision. Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued.
(2)Orders, appeals, payments.—Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subdivision had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law.
(3)Statutory construction.—Nothing in this subdivision shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subdivision had not been enacted.
(4)Regulations.—The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under this subsection to the Department.
(c)No Effect on Judicial or Administrative Proceedings.—Except as provided in subsection
(e)and section 1327(d)—
(1)the provisions of this subdivision shall not affect suits commenced prior to the effective dates of the respective titles of this subdivision; and
(2)in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this subdivision had not been enacted.
(d)Nonabatement of Proceedings.—No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any Federal agency, or any commission or component thereof, functions of which are transferred by any title of this subdivision, shall abate by reason of the enactment of this subdivision. No cause of action by or 112 STAT. 2681–801against any Federal agency, or any commission or component thereof, functions of which are transferred by any title of this subdivision, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this subdivision.
(e)Continuation of Proceeding With Substitution of Parties.—If, before the effective date of any title of this subdivision, any Federal agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this subdivision any function of such department, agency, or officer is transferred to the Secretary or any other official of the Department, then effective on such date such suit shall be continued with the Secretary or other appropriate official of the Department substituted or added as a party.
(f)Reviewability of Orders and Actions Under Transferred Functions.—Orders and actions of the Secretary in the exercise of functions transferred under any title of this subdivision shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Federal agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by any title of this subdivision shall apply to the exercise of such function by the Secretary. SEC. 1616.[22 USC 6616](/us/usc/t22/s6616). AUTHORITY OF SECRETARY OF STATE TO FACILITATE TRANSITION. Notwithstanding any provision of this subdivision, the Secretary of State, with the concurrence of the head of the appropriate Federal agency exercising functions transferred under this subdivision, may transfer the whole or part of such functions prior to the effective dates established in this subdivision, including the transfer of personnel and funds associated with such functions. SEC. 1617.President.[22 USC 6617](/us/usc/t22/s6617). FINAL REPORT. Not later than January 1, 2001, the President, in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget, shall submit to the appropriate congressional committees a report which provides a final accounting of the finances and operations of the agencies abolished under this subdivision. SUBDIVISION B—Foreign Relations Authorization Act, Fiscal Years 1998 and 1999.[22 USC 2651 note](/us/usc/t10/s2651).FOREIGN RELATIONS AUTHORIZATION TITLE XX—GENERAL PROVISIONS SEC. 2001. SHORT TITLE. This subdivision may be cited as the “Foreign Relations Authorization Act, Fiscal Years 1998 and 1999”. SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES. In this subdivision, the term “appropriate congressional committees” means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.112 STAT. 2681–802 TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS. The following amounts are authorized to be appropriated for the Department of State under “Administration of Foreign Affairs” to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law, including the diplomatic security program:
(1)Diplomatic and consular programs.—For “Diplomatic and Consular Programs”, of the Department of State $1,730,000,000 for the fiscal year 1998 and $1,644,300,000 for the fiscal year 1999.
(2)Salaries and expenses.—
(A)Authorization of appropriations.—For “Salaries and Expenses”, of the Department of State $363,513,000 for the fiscal year 1998 and $355,000,000 for the fiscal year 1999.
(B)Limitations.—Of the amounts authorized to be appropriated by subparagraph (A), $2,000,000 for fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be appropriated only for the recruitment of minorities for careers in the Foreign Service and international affairs.
(3)Capital investment fund.—For “Capital Investment Fund”, of the Department of State $86,000,000 for the fiscal year 1998 and $80,000,000 for the fiscal year 1999.
(4)Security and maintenance of united states missions.—For “Security and Maintenance of United States Missions”, $404,000,000 for the fiscal year 1998 and $403,561,000 for the fiscal year 1999.
(5)Representation allowances.—For “Representation Allowances”, $4,200,000 for the fiscal year 1998 and $4,350,000 for the fiscal year 1999.
(6)Emergencies in the diplomatic and consular service.—For “Emergencies in the Diplomatic and Consular Service”, $5,500,000 for the fiscal year 1998 and $5,500,000 for the fiscal year 1999.
(7)Office of the inspector general.—For “Office of the Inspector General”, $27,495,000 for the fiscal year 1998 and $27,495,000 for the fiscal year 1999.
(8)Payment to the american institute in taiwan.—For “Payment to the American Institute in Taiwan”, $14,000,000 for the fiscal year 1998 and $14,750,000 for the fiscal year 1999.
(9)Protection of foreign missions and officials.—(A) For “Protection of Foreign Missions and Officials”, $7,900,000 for the fiscal year 1998 and $8,100,000 for the fiscal year 1999.
(B)Each amount appropriated pursuant to this paragraph is authorized to remain available through September 30 of the fiscal year following the fiscal year for which the amount appropriated was made.
(10)Repatriation loans.—For “Repatriation Loans”, $1,200,000 for the fiscal year 1998 and $1,200,000 for the fiscal year 1999, for administrative expenses.112 STAT. 2681–803 SEC. 2102. INTERNATIONAL COMMISSIONS. The following amounts are authorized to be appropriated under “International Commissions” for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law:
(1)International boundary and water commission, united states and mexico.—For “International Boundary and Water Commission, United States and Mexico”—
(A)for “Salaries and Expenses” $17,490,000 for the fiscal year 1998 and $19,551,000 for the fiscal year 1999; and
(B)for “Construction” $6,463,000 for the fiscal year 1998 and $6,463,000 for the fiscal year 1999.
(2)International boundary commission, united states and canada.—For “International Boundary Commission, United States and Canada”, $761,000 for the fiscal year 1998 and $761,000 for the fiscal year 1999.
(3)International joint commission.—For “International Joint Commission”, $3,189,000 for the fiscal year 1998 and $3,432,000 for the fiscal year 1999.
(4)International fisheries commissions.—For “International Fisheries Commissions”, $14,549,000 for the fiscal year 1998 and $14,549,000 for the fiscal year 1999. SEC. 2103. GRANTS TO THE ASIA FOUNDATION. Section 404 of The Asia Foundation Act (title IV of Public [22 USC 4403](/us/usc/t22/s4403).Law 98–164) is amended to read as follows: " " “Sec. 404. There are authorized to be appropriated to the Secretary of State $10,000,000 for each of the fiscal years 1998 and 1999 for grants to The Asia Foundation pursuant to this title.”. " " SEC. 2104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a)Authorization of Appropriations.—There are authorized to be appropriated for “Voluntary Contributions to International Organizations”, $194,500,000 for the fiscal year 1998 and $214,000,000 for the fiscal year 1999.
(b)Limitations.—
(1)World food program.—Of the amounts authorized to be appropriated under subsection (a), $4,000,000 for the fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the World Food Program.
(2)United nations voluntary fund for victims of torture.—Of the amount authorized to be appropriated under subsection (a), $3,000,000 for the fiscal year 1998 and $3,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the United Nations Voluntary Fund for Victims of Torture.
(3)International program on the elimination of child labor.—Of the amounts authorized to be appropriated under subsection (a), $5,000,000 for the fiscal year 1998 and $5,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the 112 STAT. 2681–804International Labor Organization for the activities of the International Program on the Elimination of Child Labor.
(c)Availability of Funds.—Amounts authorized to be appropriated under subsection
(a)are authorized to remain available until expended. SEC. 2105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS. There are authorized to be appropriated for “Peacekeeping Operations”, $77,500,000 for the fiscal year 1998 and $83,000,000 for the fiscal year 1999 for the Department of State to carry out section 551 of Public Law 87–195. SEC. 2106. LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PROGRAM.President.
(a)Limitation.—Of the amounts made available for fiscal years 1998 and 1999 for United States voluntary contributions to the United Nations Development Program an amount equal to the amount the United Nations Development Program will spend in Burma during each fiscal year shall be withheld unless during such fiscal year the President submits to the appropriate congressional committees the certification described in subsection (b).
(b)Certification.—The certification referred to in subsection
(a)is a certification by the President that all programs and activities of the United Nations Development Program (including United Nations Development Program-Administered Funds) in Burma—
(1)are focused on eliminating human suffering and addressing the needs of the poor;
(2)are undertaken only through international or private voluntary organizations that have been deemed independent of the State Law and Order Restoration Council (SLORC), after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma;
(3)provide no financial, political, or military benefit to the SLORC; and
(4)are carried out only after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma. TITLE XXII—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES CHAPTER 1—AUTHORITIES AND ACTIVITIES SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO OVERSEAS EDUCATIONAL FACILITIES. Section 29 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2701) is amended by adding at the end the following: “Notwithstanding any other provision of law, where the child of a United States citizen employee of an agency of the United States Government who is stationed outside the United States attends an educational facility assisted by the Secretary of State under this section, the head of that agency is authorized to reimburse, or credit with advance payment, the Department of State for funds used in providing assistance to such educational facilities, by grant or otherwise, under this section.”.112 STAT. 2681–805 SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM. Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as follows: " “SEC. 36.[22 USC 2708](/us/usc/t22/s2708). DEPARTMENT OF STATE REWARDS PROGRAM. “(a) Establishment.— “(1) In general.—There is established a program for the payment of rewards to carry out the purposes of this section. “(2) Purpose.—The rewards program shall be designed to assist in the prevention of acts of international terrorism, international narcotics trafficking, and other related criminal acts. “(3) Implementation.—The rewards program shall be administered by the Secretary of State, in consultation, as appropriate, with the Attorney General. “(b) Rewards Authorized.—In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to any individual who furnishes information leading to— “(1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a United States person or United States property; “(2) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United States property; “(3) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves— “(A) a violation of United States narcotics laws such that the individual would be a major violator of such laws; “(B) the killing or kidnapping of— “(i) any officer, employee, or contract employee of the United States Government while such individual is engaged in official duties, or on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or “(ii) a member of the immediate family of any such individual on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or “(C) an attempt or conspiracy to commit any act described in subparagraph
(A)or (B); “(4) the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described in paragraph (1), (2), or (3); or “(5) the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), or (3). “(c) Coordination.— “(1) Procedures.—To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Department of Justice, the 112 STAT. 2681–806offering, administration, and payment of rewards under this section, including procedures for— “(A) identifying individuals, organizations, and offenses with respect to which rewards will be offered; “(B) the publication of rewards; “(C) the offering of joint rewards with foreign governments; “(D) the receipt and analysis of data; and “(E) the payment and approval of payment, shall be governed by procedures developed by the Secretary of State, in consultation with the Attorney General. “(2) Prior approval of attorney general required.—Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney General. “(d) Funding.— “(1) Authorization of appropriations.—Notwithstanding section 102 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93; 99 Stat. 408), but subject to paragraph (2), there are authorized to be appropriated to the Department of State from time to time such amounts as may be necessary to carry out this section. “(2) Limitation.—No amount of funds may be appropriated under paragraph
(1)which, when added to the unobligated balance of amounts previously appropriated to carry out this section, would cause such amounts to exceed $15,000,000. “(3) Allocation of funds.—To the maximum extent practicable, funds made available to carry out this section should be distributed equally for the purpose of preventing acts of international terrorism and for the purpose of preventing international narcotics trafficking. “(4) Period of availability.—Amounts appropriated under paragraph
(1)shall remain available until expended. “(e) Limitations and Certification.— “(1) Maximum amount.—No reward paid under this section may exceed $2,000,000. “(2) Approval.—A reward under this section of more than $100,000 may not be made without the approval of the Secretary. “(3) Certification for Payment.—Any reward granted under this section shall be approved and certified for payment by the Secretary. “(4) Nondelegation of authority.—The authority to approve rewards of more than $100,000 set forth in paragraph
(2)may not be delegated. “(5) Protection measures.—If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he considers necessary to effect such protection. “(f) Ineligibility.—An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection
(b)shall not be eligible for a reward under this section. “(g) Reports.—112 STAT. 2681–807 “(1) Reports on payment of Rewards.—Not later than 30 days after the payment of any reward under this section, the Secretary shall submit a report to the appropriate congressional committees with respect to such reward. The report, which may be submitted in classified form if necessary, shall specify the amount of the reward paid, to whom the reward was paid, and the acts with respect to which the reward was paid. The report shall also discuss the significance of the information for which the reward was paid in dealing with those acts. “(2) Annual reports.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the appropriate congressional committees with respect to the operation of the rewards program. The report shall provide information on the total amounts expended during the fiscal year ending in that year to carry out this section, including amounts expended to publicize the availability of rewards. “(h) Publication Regarding Rewards Offered by Foreign Governments.—Notwithstanding any other provision of this section, in the sole discretion of the Secretary, the resources of the rewards program shall be available for the publication of rewards offered by foreign governments regarding acts of international terrorism which do not involve United States persons or property or a violation of the narcotics laws of the United States. “(i) Determinations of the Secretary.—A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. “(j) Definitions.—As used in this section: “(1) Act of international terrorism.—The term ‘act of international terrorism’ includes— “(A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined in paragraph
(8)of section 830 of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear explosive device (as defined in paragraph
(4)of that section) by an individual, group, or non-nuclear-weapon state (as defined in paragraph
(5)of that section); and “(B) any act, as determined by the Secretary, which materially supports the conduct of international terrorism, including the counterfeiting of United States currency or the illegal use of other monetary instruments by an individual, group, or country supporting international terrorism as determined for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)). “(2) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. “(3) Member of the immediate family.—The term ‘member of the immediate family’, with respect to an individual, includes— “(A) a spouse, parent, brother, sister, or child of the individual; “(B) a person with respect to whom the individual stands in loco parentis; and112 STAT. 2681–808 “(C) any person not covered by subparagraph
(A)or
(B)who is living in the individual’s household and is related to the individual by blood or marriage. “(4) Rewards program.—The term ‘rewards program’ means the program established in subsection (a)(1). “(5) United states narcotics laws.—The term “United States narcotics laws” means the laws of the United States for the prevention and control of illicit trafficking in controlled substances (as such term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))). “(6) United states person.—The term ‘United States person’ means— “(A) a citizen or national of the United States; and “(B) an alien lawfully present in the United States.”. " SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS REGISTRATION FEES. Section 45(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2717(a)) is amended—
(1)at the end of paragraph (1), by striking “and”;
(2)in paragraph (2)—
(A)by striking “functions” and inserting “functions, including compliance and enforcement activities,”; and
(B)by striking the period at the end and inserting “; and”; and
(3)by adding at the end the following new paragraph: " “(3) the enhancement of defense trade export compliance and enforcement activities, including compliance audits of United States and foreign parties, the conduct of administrative proceedings, monitoring of end-uses in cases of direct commercial arms sales or other transfers, and cooperation in proceedings for enforcement of criminal laws related to defense trade export controls.”. " SEC. 2204. FEES FOR COMMERCIAL SERVICES. Section 52(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2724(b)) is amended by adding at the end the following: “Funds deposited under this subsection shall remain available for obligation through September 30 of the fiscal year following the fiscal year in which the funds were deposited.”. SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.
(a)Foreign Affairs Reimbursement.—
(1)In general.—Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is amended—
(A)by redesignating subsection (d)(4) as subsection (g); and
(B)by inserting after subsection
(d)the following new subsections: " “(e)(1) The Secretary may provide appropriate training or related services, except foreign language training, through the institution to any United States person (or any employee or family member thereof) that is engaged in business abroad. “(2) The Secretary may provide job-related training or related services, including foreign language training, through the institution to a United States person under contract to provide services to the United States Government or to any employee thereof that is performing such services.112 STAT. 2681–809 “(3) Training under this subsection may be provided only to the extent that space is available and only on a reimbursable or advance-of-funds basis. Reimbursements and advances shall be credited to the currently available applicable appropriation account. “(4) Training and related services under this subsection is authorized only to the extent that it will not interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations. “(5) In this subsection, the term ‘United States person’ means— “(A) any individual who is a citizen or national of the United States; or “(B) any corporation, company, partnership, association, or other legal entity that is 50 percent or more beneficially owned by citizens or nationals of the United States. “(f)(1) The Secretary is authorized to provide, on a reimbursable basis, training programs to Members of Congress or the Judiciary. “(2) Employees of the legislative branch and employees of the judicial branch may participate, on a reimbursable basis, in training programs offered by the institution. “(3) Reimbursements collected under this subsection shall be credited to the currently available applicable appropriation account. “(4) Training under this subsection is authorized only to the extent that it will not interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations.”. " (2)[22 USC 4021 note](/us/usc/t22/s4021). Effective date.—The amendments made by paragraph
(1)shall take effect on October 1, 1998.
(3)Termination of pilot program.—Effective October 1, 2002, section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021), as amended by this subsection, is further amended—
(A)by striking subsections
(e)and (f); and
(B)by redesignating subsection
(g)as paragraph
(4)of subsection (d).
(b)Fees for Use of National Foreign Affairs Training Center.—Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section: " “SEC. 53.[22 USC 2725](/us/usc/t22/s2725). FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS TRAINING CENTER. “The Secretary is authorized to charge a fee for use of the National Foreign Affairs Training Center of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.”. " (c)[22 USC 2725 note](/us/usc/t22/s2725). Reporting on Pilot Program.—Two years after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees containing—
(1)the number of persons who have taken advantage of the pilot program established under subsections
(e)and
(f)of section 701 of the Foreign Service Act of 1980 and section 53 of the State Department Basic Authorities Act of 1956, as added by this section;
(2)the business or government affiliation of such persons;
(3)the amount of fees collected; and112 STAT. 2681–810
(4)the impact of the program on the primary mission of the National Foreign Affairs Training Center. SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section: " “SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.[22 USC 2726](/us/usc/t22/s2726). “The Secretary is authorized to charge a fee for use of the diplomatic reception rooms of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.”. " SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section: " “SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.[22 USC 2727](/us/usc/t22/s2727). “The Secretary shall include in the annual Congressional Presentation Document and the Budget in Brief a detailed accounting of the total collections received by the Department of State from all sources, including fee collections. Reporting on total collections shall also cover collections from the preceding fiscal year and the projected expenditures from all collections accounts.”. " SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.
(a)Procedures.—Section 209(c) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the following: " “(4) The Inspector General shall develop and provide to employees— “(A) information detailing their rights to counsel; and “(B) guidelines describing in general terms the policies and procedures of the Office of Inspector General with respect to individuals under investigation other than matters exempt from disclosure under other provisions of law.”. "
(b)Notice.—Section 209(e) of the Foreign Service Act of 1980 (22 U.S.C. 3929(e)) is amended by adding at the end the following new paragraph: " “(3) The Inspector General shall ensure that only officials from the Office of the Inspector General may participate in formal interviews or other formal meetings with the individual who is the subject of an investigation, other than an intelligence-related or sensitive undercover investigation, or except in those situations when the Inspector General has a reasonable basis to believe that such notice would cause tampering with witnesses, destroying evidence, or endangering the lives of individuals, unless that individual receives prior adequate notice regarding participation by officials of any other agency, including the Department of Justice, in such interviews or meetings.”. "
(c)Report.—112 STAT. 2681–811
(1)In general.—Not later than 90 days after the date of enactment of this Act, the Inspector General of the Department of State and the Foreign Service shall submit a report to the appropriate congressional committees which includes the following:
(A)Detailed descriptions of the internal guidance developed or used by the Office of the Inspector General with respect to public disclosure of any information related to an ongoing investigation of any officer or employee of the Department of State, the United States Information Agency, or the United States Arms Control and Disarmament Agency.
(B)Detailed descriptions of those instances for the year ending December 31, 1997, in which any disclosure of information to the public by an employee of the Office of Inspector General about an ongoing investigation occurred, including details on the recipient of the information, the date of the disclosure, and the internal clearance process for the disclosure.
(2)Statutory construction.—Disclosure of information to the public under this section shall not be construed to include information shared with Congress by an employee of the Office of the Inspector General. SEC. 2209. CAPITAL INVESTMENT FUND. Section 135 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended—
(1)in subsection (a), by inserting “and enhancement” after “procurement”;
(2)in subsection (c), by striking “are authorized to” and inserting “shall”;
(3)in subsection (d), by striking “for expenditure to procure capital equipment and information technology” and inserting “for purposes of subsection (a)”; and
(4)by amending subsection
(e)to read as follows: " “(e) Reprogramming Procedures.—Funds credited to the Capital Investment Fund shall not be available for obligation or expenditure except in compliance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).”. " SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS. Section 136(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended—
(1)by amending paragraph
(3)to read as follows: " “(3) in evaluating proposals for such contracts, award contracts to the technically acceptable firm offering the lowest evaluated price, except that proposals of United States persons and qualified United States joint venture persons (as defined in subsection (d)) shall be evaluated by reducing the bid price by 10 percent;”; "
(2)by inserting “and” at the end of paragraph (5);
(3)by striking “; and” at the end of paragraph
(6)and inserting a period; and
(4)by striking paragraph (7).112 STAT. 2681–812 SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION. Section 4(a) of the International Claims Settlement Act of 1949 (22 U.S.C. 1623(a)) is amended—
(1)by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively;
(2)in the first sentence, by striking “(a) The” and all that follows through the period and inserting the following: " “(a)(1) The Commission shall have jurisdiction to receive, examine, adjudicate, and render a final decision with respect to any claim of the Government of the United States or of any national of the United States— “(A) included within the terms of the Yugoslav Claims Agreement of 1948; “(B) included within the terms of any claims agreement concluded on or after March 10, 1954, between the Government of the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the Government of the United States to accept from that government a sum in en bloc settlement thereof; or “(C) included in a category of claims against a foreign government which is referred to the Commission by the Secretary of State.”; and "
(3)by redesignating the second sentence as paragraph (2). SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND PROCEEDINGS.
(a)Recovery of Certain Expenses.—The Department of State Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the fifth undesignated paragraph under the heading entitled “INTERNATIONAL FISHERIES COMMISSION” by inserting “(including such expenses as salaries and other personnel expenses)” after “extraordinary expenses”.
(b)Procurement of Services.—Section 38(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended in the first sentence by inserting “personal and” before “other support services”. SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF CHILDREN. Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606; Public Law 100–300) is amended by adding at the end the following new subsection: " “(e) Grant Authority.—The United States Central Authority is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its responsibilities under the Convention and this Act.”. " SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE DEPARTMENT OF STATE.[22 USC 6561](/us/usc/t22/s6561).
(a)Counterdrug and Law Enforcement Strategy.—112 STAT. 2681–813
(1)Requirement.—Not later than 180 days after the date of enactment of this Act, the Secretary of State shall establish, implement, and submit to Congress a comprehensive, longterm strategy to carry out the counterdrug responsibilities of the Department of State in a manner consistent with the National Drug Control Strategy. The strategy shall involve all elements of the Department in the United States and abroad.
(2)Objectives.—In establishing the strategy, the Secretary shall—
(A)coordinate with the Office of National Drug Control Policy in the development of clear, specific, and measurable counterdrug objectives for the Department that support the goals and objectives of the National Drug Control Strategy;
(B)develop specific and, to the maximum extent practicable, quantifiable measures of performance relating to the objectives, including annual and long-term measures of performance, for purposes of assessing the success of the Department in meeting the objectives;
(C)assign responsibilities for meeting the objectives to appropriate elements of the Department;
(D)develop an operational structure within the Department that minimizes impediments to meeting the objectives;
(E)ensure that every United States ambassador or chief of mission is fully briefed on the strategy, and works to achieve the objectives; and
(F)ensure that—
(i)all budgetary requests and transfers of equipment (including the financing of foreign military sales and the transfer of excess defense articles) relating to international counterdrug efforts conforms with the objectives; and
(ii)the recommendations of the Department regarding certification determinations made by the President on March 1 as to the counterdrug cooperation, or adequate steps on its own, of each major illicit drug producing and drug trafficking country to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances also conform to meet such objectives.
(3)Reports.—Not later than February 15 of each year subsequent to the submission of the strategy described in paragraph (1), the Secretary shall submit to Congress an update of the strategy. The update shall include—
(A)an outline of the proposed activities with respect to the strategy during the succeeding year, including the manner in which such activities will meet the objectives set forth in paragraph (2); and
(B)detailed information on how certification determinations described in paragraph (2)(F) made the previous year affected achievement of the objectives set forth in paragraph
(2)for the previous calendar year.
(4)Limitation on delegation.—The Secretary shall designate an official in the Department who reports directly to 112 STAT. 2681–814the Secretary to oversee the implementation of the strategy throughout the Department.
(b)Information on International Criminals.—
(1)Information system.—The Secretary shall, in consultation with the heads of appropriate United States law enforcement agencies, including the Attorney General and the Secretary of the Treasury, take appropriate actions to establish an information system or improve existing information systems containing comprehensive information on serious crimes committed by foreign nationals. The information system shall be available to United States embassies and missions abroad for use in consideration of applications for visas for entry into the United States.
(2)Report.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the actions taken under paragraph (1).
(c)Overseas Coordination of Counterdrug and Anticrime Programs, Policy, and Assistance.—
(1)Strengthening coordination.—The responsibilities of every diplomatic mission of the United States shall include the strengthening of cooperation between and among the United States and foreign governmental entities and multilateral entities with respect to activities relating to international narcotics and crime.
(2)Designation of officers.—
(A)In general.—Consistent with existing memoranda of understanding between the Department of State and other departments and agencies of the United States, including the Department of Justice, the chief of mission of every diplomatic mission of the United States shall designate an officer or officers within the mission to carry out the responsibility of the mission under paragraph (1), including the coordination of counterdrug, law enforcement, rule of law, and administration of justice programs, policy, and assistance. Such officer or officers shall report to the chief of mission, or the designee of the chief of mission, on a regular basis regarding activities undertaken in carrying out such responsibility.
(B)Reports.—The chief of mission of every diplomatic mission of the United States shall submit to the Secretary on a regular basis a report on the actions undertaken by the mission to carry out such responsibility.
(3)Report to congress.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the status of any proposals for action or on action undertaken to improve staffing and personnel management at diplomatic missions of the United States in order to carry out the responsibility set forth in paragraph (1). SEC. 2215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES.[22 USC 303](/us/usc/t22/s303). The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.) is amended by adding at the end the following new section:112 STAT. 2681–815 " “Sec. 12.[22 USC 303](/us/usc/t22/s303). Not later than March 1 of each year, the Secretary of State shall submit to Congress a report listing overseas United States surplus properties that are administered under this Act and that have been identified for sale.”. " SEC. 2216. HUMAN RIGHTS REPORTS. Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended—
(1)by striking “January 31” and inserting “February 25”;
(2)by redesignating paragraphs (3), (4), (5), and
(6)as paragraphs (4), (5), (6), and (7), respectively; and
(3)by inserting after paragraph
(2)the following new paragraph: " “(3) the status of child labor practices in each country, including— “(A) whether such country has adopted policies to protect children from exploitation in the workplace, including a prohibition of forced and bonded labor and policies regarding acceptable working conditions; and “(B) the extent to which each country enforces such policies, including the adequacy of the resources and oversight dedicated to such policies.”. " SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section: " “SEC. 56.[22 USC 2728](/us/usc/t22/s2728). CRIMES COMMITTED BY DIPLOMATS. “(a) Annual Report Concerning Diplomatic Immunity.— “(1) Report to congress.—180 days after the date of enactment, and annually thereafter, the Secretary of State shall prepare and submit to the Congress, a report concerning diplomatic immunity entitled “Report on Cases Involving Diplomatic Immunity”. “(2) Content of report.—In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph
(1)shall include the following: “(A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. “(B) Each case involving an alien described in subparagraph
(A)in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods.112 STAT. 2681–816 “(C) Each case described in subparagraph
(B)in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. “(D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities. “(E) Each case involving a United States citizen under subparagraph
(D)in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen. “(F) Whether the Secretary has made the notifications referred to in subsection
(c)during the period covered by the report. “(3) Serious criminal offense defined.—For the purposes of this section, the term ‘serious criminal offense’ means— “(A) any felony under Federal, State, or local law; “(B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year; “(C) any crime of violence as defined for purposes of section 16 of title 18, United States Code; or “(D)(i) driving under the influence of alcohol or drugs; “(ii) reckless driving; or “(iii) driving while intoxicated. “(b) United States Policy Concerning Reform of Diplomatic Immunity.—It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation— “(1) to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and “(2) to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual. “(c) Notification of Diplomatic Corps.—The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.”. " SEC. 2218. REAFFIRMING UNITED STATES INTERNATIONAL TELECOMMUNICATIONS POLICY.[22 USC 2669b](/us/usc/t22/s2669/b).
(a)Procurement Policy.—It is the policy of the United States to foster and support procurement of goods and services from private, commercial companies.
(b)Implementation.—In order to achieve the policy set forth in subsection (a), the Diplomatic Telecommunications Service Program Office (DTS-PO) shall—
(1)utilize full and open competition, to the maximum extent practicable, in the procurement of telecommunications 112 STAT. 2681–817services, including satellite space segment, for the Department of State and each other Federal entity represented at United States diplomatic missions and consular posts overseas;
(2)make every effort to ensure and promote the participation in the competition for such procurement of commercial private sector providers of satellite space segment who have no ownership or other connection with an intergovernmental satellite organization; and
(3)implement the competitive procedures required by paragraphs
(1)and
(2)at the prime contracting level and, to the maximum extent practicable, the subcontracting level. SEC. 2219. REDUCTION OF REPORTING.
(a)Repeals.—The following provisions of law are repealed:
(1)Model foreign language competence posts.—The second sentence of section 161(c) of the Foreign Relations Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171 note).
(2)Actions of the government of haiti.—Section 705(c) of the International Security and Development Cooperation Act of 1985 (Public Law 99–83). (3)[22 USC 4021 note](/us/usc/t22/s4021). Training facility for the foreign service institute.—Section 123(e)(2) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93).
(4)Military assistance for haiti.—Section 203(c) of the Special Foreign Assistance Act of 1986 (Public Law 99–529).
(5)International sugar agreement, 1977.—Section 5 of the Act entitled “An Act providing for the implementation of the International Sugar Agreement, 1977, and for other purposes” (Public Law 96–236; 7 U.S.C. 3605 and 3606).
(6)Audience survey of worldnet program.—Section 209
(c)and
(d)of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204).
(7)Research on the near and middle east.—Section 228(b) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138; 22 U.S.C. 2452 note).
(b)Progress Toward Regional Nonproliferation.—Section 620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2376(c); relating to periodic reports on progress toward regional nonproliferation) is amended by striking “Not later than April 1, 1993 and every six months thereafter,” and inserting “Not later than April 1 of each year,”.
(c)Report on Participation by United States Military Personnel Abroad in United States Elections.—Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act of 1986 (42 U.S.C. 1973ffib)(6)) is amended by striking “of voter participation” and inserting “of uniformed services voter participation, a general assessment of overseas nonmilitary participation,”.112 STAT. 2681–818 CHAPTER 2—CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED PASSPORT SERVICES. For each of the fiscal years 1998 and 1999, of the fees collected for expedited passport processing and deposited to an offsetting collection pursuant to title V of the Department of State and Related Agencies Appropriations Act for Fiscal Year 1995 (Public Law 103–317; 22 U.S.C. 214 note), 30 percent shall be available only for enhancing passport services for United States citizens, improving the integrity and efficiency of the passport issuance process, improving the secure nature of the United States passport, investigating passport fraud, and deterring entry into the United States by terrorists, drug traffickers, or other criminals. SEC. 2222. CONSULAR OFFICERS.
(a)Persons Authorized to Issue Reports of Births Abroad.—Section 33 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2705) is amended in paragraph
(2)by adding at the end the following: “For purposes of this paragraph, the term ‘consular officer’ includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.”.
(b)Provisions Applicable to Consular Officers.—Section 1689 of the Revised Statutes (22 U.S.C. 4191) is amended by inserting “and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may prescribe” after “”.
(c)Persons Authorized to Authenticate Foreign Documents.—
(1)Designated united states citizens performing notarial acts.—Section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221) is further amended by inserting after the first sentence: “At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer.”.
(2)Definition of consular officers.—Section 3492(c) of title 18, United States Code, is amended by adding at the end the following: “For purposes of this section and sections 3493 through 3496 of this title, the term ‘consular officers’ includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).”.
(d)Persons Authorized to Administer Oaths.—Section 115 of title 35, United States Code, is amended by adding at the end the following: “For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).”.112 STAT. 2681–819
(e)Definition of Consular Officer.—Section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by—
(1)inserting “or employee” after “officer” the second place it appears; and
(2)inserting before the period at the end of the sentence “or, when used in title III, for the purpose of adjudicating nationality”.
(f)Training for Employees Performing Consular Functions.—Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection: " “(d)(1) Before a United States citizen employee (other than a diplomatic or consular officer of the United States) may be designated by the Secretary of State, pursuant to regulation, to perform a consular function abroad, the United States citizen employee shall— “(A) be required to complete successfully a program of training essentially equivalent to the training that a consular officer who is a member of the Foreign Service would receive for purposes of performing such function; and “(B) be certified by an appropriate official of the Department of State to be qualified by knowledge and experience to perform such function. “(2) As used in this subsection, the term ‘consular function’ includes the issuance of visas, the performance of notarial and other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship documentation.”. " SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS. Sections 1726, 1727, and 1728 of the Revised Statutes of the United States (22 U.S.C. 4212, 4213, and 4214), as amended (relating to accounting for consular fees) are repealed. SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR TRAVEL ADVISORIES.
(a)Foreign Airports.—Section 44908(a) of title 49, United States Code, is amended—
(1)by inserting “and” at the end of paragraph (1);
(2)by striking paragraph (2); and
(3)by redesignating paragraph
(3)as paragraph (2).
(b)Foreign Ports.—Section 908(a) of the International Maritime and Port Security Act of 1986 (46 U.S.C. App. 1804(a)) is amended by striking the second sentence, relating to Federal Register publication by the Secretary of State. SEC. 2225.[8 USC 1182d](/us/usc/t8/s1182/d). DENIAL OF VISAS TO CONFISCATORS OF AMERICAN PROPERTY.
(a)Denial of Visas.—Except as otherwise provided in section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104–114), and subject to subsection (b), the Secretary of State may deny the issuance of a visa to any alien who—
(1)through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated,112 STAT. 2681–820a claim to which is owned by a national of the United States, or who is complicit in such a conversion; or
(2)induces any of the actions or omissions described in paragraph
(1)by any person.
(b)Exceptions.—Subsection
(a)shall not apply to—
(1)any country established by international mandate through the United Nations; or
(2)any territory recognized by the United States Government to be in dispute.
(c)Reporting Requirement.—Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Secretary of State shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report, including—
(1)a list of aliens who have been denied a visa under this subsection; and
(2)a list of aliens who could have been denied a visa under subsection
(a)but were issued a visa and an explanation as to why each such visa was issued. SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL CHILD ABDUCTOR.
(a)Amendment of Immigration and Nationality Act.—Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amended by striking clause
(ii)and inserting the following: " “(ii) Aliens supporting abductors and relatives of abductors.—Any alien who— “(I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in clause (i), “(II) is known by the Secretary of State to be intentionally providing material support or safe haven to an alien described in clause (i), or “(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion, is inadmissible until the child described in clause
(i)is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place of residence, “(iii) Exceptions.—Clauses
(i)and
(ii)shall not apply— “(I) to a government official of the United States who is acting within the scope of his or her official duties; “(II) to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion; or “(III) so long as the child is located in a foreign state that is a party to the Convention on the 112 STAT. 2681–821Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.”. " (b)[8 USC 1182 note](/us/usc/t8/s1182). Effective Date.—The amendment made by subsection
(a)shall apply to aliens seeking admission to the United States on or after the date of enactment of this Act. CHAPTER 3—REFUGEES AND MIGRATION Subchapter A—Authorization of Appropriations SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.
(a)Migration and Refugee Assistance.—
(1)Authorization of appropriations.—There are authorized to be appropriated for “Migration and Refugee Assistance” for authorized activities, $650,000,000 for the fiscal year 1998 and $704,500,000 for the fiscal year 1999.
(2)Limitations.—
(A)Limitation regarding tibetan refugees in india and nepal.—Of the amounts authorized to be appropriated in paragraph (1), not more than $2,000,000 for the fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be available only for humanitarian assistance, including food, medicine, clothing, and medical and vocational training, to Tibetan refugees in India and Nepal who have fled Chinese-occupied Tibet.
(B)Refugees resettling in israel.—Of the amounts authorized to be appropriated in paragraph (1), $80,000,000 for the fiscal year 1998 and $80,000,000 for the fiscal year 1999 are authorized to be available for assistance for refugees resettling in Israel from other countries.
(C)Humanitarian assistance for displaced burmese.—Of the amounts authorized to be appropriated in paragraph (1), $1,500,000 for the fiscal year 1998 and $1,500,000 for the fiscal year 1999 for humanitarian assistance are authorized to be available, including food, medicine, clothing, and medical and vocational training, to persons displaced as a result of civil conflict in Burma, including persons still within Burma.
(b)Availability of Funds.—Funds appropriated pursuant to this section are authorized to remain available until expended. Subchapter B—Authorities SEC. 2241.[22 USC 2601 note](/us/usc/t22/s2601). UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF REFUGEES.
(a)In General.—None of the funds made available by this subdivision shall be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, except on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate Resolution of Ratification.112 STAT. 2681–822
(b)Migration and Refugee Assistance.—None of the funds made available by section 2231 of this division or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return of any person to any country unless the Secretary of State first notifies the appropriate congressional committees, except that in the case of an emergency involving a threat to human life the Secretary of State shall notify the appropriate congressional committees as soon as practicable.
(c)Involuntary Return Defined.—As used in this section, the term “to effect the involuntary return” means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person’s will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent. SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE.[8 USC 1231 note](/us/usc/t8/s1231).
(a)Policy.—It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States.
(b)Regulations.—Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
(c)Exclusion of Certain Aliens.—To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection
(b)shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
(d)Review and Construction.—Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).
(e)Authority to Detain.—Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act.
(f)Definitions.—112 STAT. 2681–823
(1)Convention defined.—In this section, the term “Convention” means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984.
(2)Same terms as in the convention.—Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS. Section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended—
(1)in subsection (a)—
(A)by striking “Foreign Affairs” and inserting “International Relations and the Committee on Appropriations”; and
(B)by inserting “and the Committee on Appropriations” after “Foreign Relations”; and
(2)by adding at the end the following new subsection: " “(c) The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure to do so would pose a substantial risk to human health or welfare. In the case of any waiver under this subsection, notification to 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 shall be provided as soon as practicable, but not later than 3 days after taking the action to which the notification requirement was applicable, and shall contain an explanation of the emergency circumstances.”. " SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS. Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–171) is amended—
(1)in subsection (a)—
(A)by striking “For purposes” and inserting “Notwithstanding any other provision of law, for purposes”; and
(B)by striking “fiscal year 1997” and inserting “fiscal years 1997, 1998, and 1999”; and
(2)by amending subsection
(b)to read as follows: " “(b) Aliens Covered.— “(1) In general.—An alien described in this subsection is an alien who— “(A) is the son or daughter of a qualified national; “(B) is 21 years of age or older; and “(C) was unmarried as of the date of acceptance of the alien’s parent for resettlement under the Orderly Departure Program. “(2) Qualified national.—For purposes of paragraph (1), the term ‘qualified national’ means a national of Vietnam who— “(A)(i) was formerly interned in a reeducation camp in Vietnam by the Government of the Socialist Republic of Vietnam; or112 STAT. 2681–824 “(ii) is the widow or widower of an individual described in clause (i); and “(B)(i) qualified for refugee processing under the reeducation camp internees subprogram of the Orderly Departure Program; and “(ii) on or after April 1, 1995, is or has been accepted— “(I) for resettlement as a refugee; or “(II) for admission as an immigrant under the Orderly Departure Program.”. " SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES. Beginning not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of State shall supplement the monthly report to Congress entitled “Update on Monitoring of Cuban Migrant Returnees” with additional information concerning the methods employed by the Government of Cuba to enforce the United States-Cuba agreement of September 1994 and the treatment by the Government of Cuba of persons who have returned to Cuba pursuant to the United States-Cuba agreement of May 1995. TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF STATE SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.
(a)Establishment.—Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection: " “(f) Coordinator for Counterterrorism.— “(1) In general.—There is within the office of the SecretaryPresident.Congress. of State a Coordinator for Counterterrorism (in this paragraph referred to as the ‘Coordinator’) who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Duties.— “(A) In general.—The Coordinator shall perform such duties and exercise such powers as the Secretary of State shall prescribe. “(B) Duties described.—The principal duty of the Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism activities. The Coordinator shall be the principal adviser to the Secretary of State on international counterterrorism matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State. “(3) Rank and status of ambassador.—The Coordinator shall have the rank and status of Ambassador at Large.”, "
(b)Technical and Conforming Amendments.—Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is amended by striking subsection (e)[22 USC 2651a note](/us/usc/t22/s2651/a)..112 STAT. 2681–825 SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE FOR BURDENSHARING. Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is amended by striking subsection (f). SEC. 2303. PERSONNEL MANAGEMENT. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this division, is further amended by adding at the end the following new subsection: " “(g) Qualifications of Officer Having Primary Responsibility for Personnel Management.—The officer of the Department of State with primary responsibility for assisting the Secretary of State with respect to matters relating to personnel in the Department of State, or that officer’s principal deputy, shall have substantial professional qualifications in the field of human resource policy and management.”. " SEC. 2304. DIPLOMATIC SECURITY. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this division, is further amended by adding at the end the following new subsection: " “(h) Qualifications of Officer Having Primary Responsibility for Diplomatic Security.—The officer of the Department of State with primary responsibility for assisting the Secretary of State with respect to diplomatic security, or that officer’s principal deputy, shall have substantial professional qualifications in the fields of
(1)management, and
(2)Federal law enforcement, intelligence, or security.”. " SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR THE DEPARTMENT OF STATE.
(a)Under Secretaries.—
(1)In general.—Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by striking “5” and inserting “6”.
(2)Conforming amendment to title 5.—Section 5314 of title 5, United States Code, is amended by striking ‘Under Secretaries of State (5)" and inserting “Under Secretaries of State (6)”.
(b)Assistant Secretaries.—
(1)In general.—Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended by striking “20” and inserting “24”.
(2)Conforming amendment to title 5.—Section 5315 of title 5, United States Code, is amended by striking “Assistant Secretaries of State (20)” and inserting “Assistant Secretaries of State (24)”.
(c)Deputy Assistant Secretaries.—Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this division, is further amended—
(1)by striking subsection (d); and
(2)by redesignating subsections (e), (f), (g), and
(h)as subsections (d), (e), (f), and (g), respectively.112 STAT. 2681–826 SEC. 2306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT SECRETARIES OF STATE.
(a)Under Secretaries of State.—Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as amended by this division, is further amended by adding at the end the following new paragraph: " “(4) Nomination of under secretaries.—Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the particular Under Secretary position in the Department of State that the individual shall have.”. "
(b)Assistant Secretaries of State.—Section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as amended by this division, is further amended by adding at the end the following new paragraph: " “(3) Nomination of assistant secretaries.—Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the regional or functional bureau or bureaus of the Department of State with respect to which the individual shall have responsibility.”. " CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE SEC. 2311. FOREIGN SERVICE REFORM.
(a)Performance Pay.—Section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965) is amended—
(1)in subsection (a), by striking “Members” and inserting “Subject to subsection (e), members”; and
(2)by adding at the end the following new subsection: " “(e) Notwithstanding any other provision of law, the Secretary of State may provide for recognition of the meritorious or distinguished service of any member of the Foreign Service described in subsection
(a)(including any member of the Senior Foreign Service) by means other than an award of performance pay in lieu of making such an award under this section.”. "
(b)Expedited Separation Out.—
(1)Separation of lowest ranked foreign service members.—Procedures.Not later than 90 days after the date of enactment of this Act, the Secretary of State shall develop and implement procedures to identify, and recommend for separation, any member of the Foreign Service ranked by promotion boards of the Department of State in the bottom 5 percent of his or her class for 2 or more of the 5 years preceding the date of enactment of this Act (in this subsection referred to as the “years of lowest ranking”) if the rating official for such member was not the same individual for any two of the years of lowest ranking.
(2)Special internal reviews.—In any case where the member was evaluated by the same rating official in any 2 of the years of lowest ranking, an internal review of the member’s file shall be conducted to determine whether the member should be considered for action leading to separation.112 STAT. 2681–827
(3)Procedures.—The Secretary of State shall develop procedures for the internal reviews required under paragraph (2). SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.
(a)Benefits.—Section 609 of the Foreign Service Act of 1980 (22 U.S.C. 4009) is amended—
(1)in subsection (a)(2)(A), by inserting “or any other applicable provision of chapter 84 of title 5, United States Code,” after “section 811”;
(2)in subsection (a), by inserting “or section 855, as appropriate” after “section 806”; and
(3)in subsection (b)(2)—
(A)by striking “(2)” and inserting “(2)(A) for those participants in the Foreign Service Retirement and Disability System,”; and
(B)by inserting before the period at the end “; and
(B)for those participants in the Foreign Service Pension System, benefits as provided in section 851” and
(4)in subsection
(b)in the matter following paragraph (2), by inserting “(for participants in the Foreign Service Retirement and Disability System) or age 62 (for participants in the Foreign Service Pension System)” after “age 60”.
(b)Entitlement to Annuity.—Section 855(b) of the Foreign Service Act of 1980 (22 U.S.C. 4071d(b)) is amended—
(1)in paragraph (1)—
(A)by inserting “611,” after “608,”;
(B)by inserting “or for participants in the Foreign Service Pension System,” after “for participants in the Foreign Service Retirement and Disability System” and
(C)by striking “Service shall” and inserting “Service, shall”; and
(2)in paragraph (3), by striking “or 610” and inserting “610, or 611”. (c)[22 USC 4009](/us/usc/t22/s4009) *et seq*. Effective Dates.—
(1)In general.—Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2)Applicability. Exceptions.—The amendments made by paragraphs
(2)and
(3)of subsection
(a)and paragraphs (1)(A) and
(2)of subsection
(b)shall apply with respect to any actions taken under section 611 of the Foreign Service Act of 1980 on or after January 1,1996. SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED FELONS FROM THE FOREIGN SERVICE. Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)(2)) is amended in the first sentence by striking “A member” and inserting “Except in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than 1 year may be imposed, a member”. SEC. 2314. CAREER COUNSELING.
(a)In General.—Section 706(a) of the Foreign Service Act of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end the following new sentence: “Career counseling and related services provided pursuant to this Act shall not be construed to permit an assignment that consists primarily of paid time to conduct 112 STAT. 2681–828a job search and without other substantive duties for more than one month.”.
(b)Effective Date.—The amendment made by subsection (a)[22 USC 4026 note](/us/usc/t22/s4026). shall be effective 180 days after the date of the enactment of this Act. SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS. Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4117(e)(2)) is amended to read as follows: " “(2) For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term ‘management official’ does not include— “(A) any chief of mission; “(B) any principal officer or deputy principal officer; “(C) any administrative or personnel officer abroad; or “(D) any individual described in section 1002(12) (B), (C), or
(D)who is not involved in the administration of this chapter or in the formulation of the personnel policies and programs of the Department.”. " SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN THE DIPLOMATIC SECURITY SERVICE.
(a)In General.—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 “(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)Implementation.—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)Technical and Conforming Amendments.—(1) Paragraph
(2)of section 5545a(a) of title 5, United States Code, is amended 112 STAT. 2681–829(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)[5 USC 5542 note](/us/usc/t5/s5542). Effective Date.—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. 2317. NONOVERTIME DIFFERENTIAL PAY. Title 5 of the United States Code is amended—
(1)in section 5544(a), by inserting after the fourth sentence the following new sentence: “For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday.”; and
(2)at the end of section 5546(a), by adding the following new sentence: “For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday”. SEC. 2318.[22 USC 3922a note](/us/usc/t22/s3922/a). REPORT CONCERNING MINORITIES AND THE FOREIGN SERVICE. The Secretary of State shall during each of calendar years 1998 and 1999 submit a report to the Congress concerning minorities and the Foreign Service officer corps. In addition to such other information as is relevant to this issue, the report shall include the following data for the last preceding examination and promotion cycles for which such information is available (reported in terms of real numbers and percentages and not as ratios):
(1)The numbers and percentages of all minorities taking the written Foreign Service examination.
(2)The numbers and percentages of all minorities successfully completing and passing the written Foreign Service examination.
(3)The numbers and percentages of all minorities successfully completing and passing the oral Foreign Service examination.
(4)The numbers and percentages of all minorities entering the junior officers class of the Foreign Service.
(5)The numbers and percentages of all minority Foreign Service officers at each grade.
(6)The numbers of and percentages of minorities promoted at each grade of the Foreign Service officer corps.112 STAT. 2681–830 TITLE XXIV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS. The following amounts are authorized to be appropriated to carry out international information activities and educational and cultural exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the Board for International Broadcasting Act, the North/South Center Act of 1991, and the National Endowment for Democracy Act, and to carry out other authorities in law consistent with such purposes:
(1)International information programs.—For “International Information Programs”, $427,097,000 for the fiscal year 1998 and $455,246,000 for the fiscal year 1999.
(2)Technology fund.—For the “Technology Fund” for the United States Information Agency, $5,050,000 for the fiscal year 1998 and $5,050,000 for the fiscal year 1999.
(3)Educational and cultural exchange programs.—
(A)Fulbright academic exchange programs.—
(i)Fulbright academic exchange programs.—There are authorized to be appropriated for the “Fulbright Academic Exchange Programs” (other than programs described in subparagraph (B)), $99,236,000 for the fiscal year 1998 and $100,000,000 for the fiscal year 1999.
(ii)Vietnam fulbright academic exchange programs.—Of the amounts authorized to be appropriated under clause (i), $5,000,000 for the fiscal year 1998 and $5,000,000 for the fiscal year 1999 are authorized to be available for the Vietnam scholarship program established by section 229 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138).
(B)Other educational and cultural exchange programs.—
(i)In general.—There are authorized to be appropriated for other educational and cultural exchange programs authorized by law, $100,764,000 for the fiscal year 1998 and $102,500,000 for the fiscal year 1999.
(ii)South pacific exchanges.—Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for “South Pacific Exchanges”.
(iii)East timorese scholarships.—Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for “East Timorese Scholarships”.112 STAT. 2681–831
(iv)Tibetan exchanges.—Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for “Educational and Cultural Exchanges with Tibet” under section 236 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236).
(4)International broadcasting activities.—
(A)Authorization of appropriations.—For “International Broadcasting Activities”, $340,315,000 for the fiscal year 1998, and $340,365,000 for the fiscal year 1999.
(B)Allocation.—Of the amounts authorized to be appropriated under subparagraph (A), the Director of the United States Information Agency and the Broadcasting Board of Governors shall seek to ensure that the amounts made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to the amounts made available for broadcasting to other nations.
(5)Radio construction.—For “Radio Construction”, $40,000,000 for the fiscal year 1998, and $13,245,000 for the fiscal year 1999.
(6)Radio free asia.—For “Radio Free Asia”, $24,100,000 for the fiscal year 1998 and $22,000,000 for the fiscal year 1999, and an additional $8,000,000 in fiscal year 1998 for one-time capital costs.
(7)Broadcasting to cuba.—For “Broadcasting to Cuba”, $22,095,000 for the fiscal year 1998 and $22,095,000 for the fiscal year 1999.
(8)Center for cultural and technical interchange between east and west.—For the “Center for Cultural and Technical Interchange between East and West”, not more than $12,000,000 for the fiscal year 1998 and not more than $12,500,000 for the fiscal year 1999.
(9)National endowment for democracy.—For the “National Endowment for Democracy”, $30,000,000 for the fiscal year 1998 and $31,000,000 for the fiscal year 1999.
(10)Center for cultural and technical interchange between north and south.—For “Center for Cultural and Technical Interchange between North and South” not more than $1,500,000 for the fiscal year 1998 and not more than $1,750,000 for the fiscal year 1999. CHAPTER 2—AUTHORITIES AND ACTIVITIES SEC. 2411.[22 USC 4416](/us/usc/t22/s4416). RETENTION OF INTEREST. Notwithstanding any other provision of law, with the approval of the National Endowment for Democracy, grant funds made available by the National Endowment for Democracy may be deposited in interest-bearing accounts pending disbursement, and any interest which accrues may be retained by the grantee without returning such interest to the Treasury of the United States and interest earned may be obligated and expended for the purposes for which the grant was made without further appropriation.112 STAT. 2681–832 SEC. 2412. USE OF SELECTED PROGRAM FEES. Section 810 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended to read as follows: " “use of english-teaching program fees “Sec. 810.
(a)In General.—Notwithstanding section 3302 of title 31, United States Code, or any other law or limitation of authority, fees and receipts described in subsection
(b)are authorized to be credited each fiscal year for authorized purposes to the appropriate appropriations of the United States Information Agency to such extent as may be provided in advance in appropriations acts. “(b) Fees and Receipts Described.—The fees and receipts described in this subsection are fees and payments received by or for the use of the United States Information Agency from or in connection with— “(1) English-teaching and library services, “(2) educational advising and counseling, “(3) Exchange Visitor Program Services, “(4) advertising and business ventures of the Voice of America and the International Broadcasting Bureau, “(5) cooperating international organizations, and “(6) Agency-produced publications, “(7) an amount not to exceed $100,000 of the payments from motion picture and television programs produced or conducted by or on behalf of the Agency under the authority of this Act or the Mutual Education and Cultural Exchange Act of 1961.”. " SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.
(a)Guidelines.—Section 227(c)(5) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended by inserting “journalism and communications, education administration, public policy, library and information science,” after “business administration,” each of the two places it appears.
(b)Redesignation of Soviet Union.—Section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended—
(1)in subsections (a), (b), and (c)(5), by striking “Soviet Union” each place it appears and inserting “independent states of the former Soviet Union”;
(2)in subsection (c)(11), by striking “Soviet republics” and inserting “independent states of the former Soviet Union”; and
(3)in the section heading, by inserting “**INDEPENDENT STATES OF THE FORMER**” after “**FROM THE**”. SEC. 2414. WORKING GROUP ON UNITED STATES GOVERNMENT-SPONSORED INTERNATIONAL EXCHANGES AND TRAINING.Establishment. Section 112 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended by adding at the end the following new subsection: " “(g) Working Group on United States Government Sponsored International Exchanges and Training.—(1) In order to carry out the purposes of subsection
(f)and to improve the coordination, efficiency, and effectiveness of United States Government-112 STAT. 2681–833sponsored international exchanges and training, there is established within the United States Information Agency a senior-level interagency working group to be known as the Working Group on United States Government-Sponsored International Exchanges and Training (in this section referred to as the ‘Working Group’). “(2) For purposes of this subsection, the term ‘Government-sponsored international exchanges and training’ means the movement of people between countries to promote the sharing of ideas, to develop skills, and to foster mutual understanding and cooperation, financed wholly or in part, directly or indirectly, with United States Government funds. “(3) The Working Group shall be composed as follows: “(A) The Associate Director for Educational and Cultural Affairs of the United States Information Agency, who shall act as Chair. “(B) A senior representative of the Department of State, who shall be designated by the Secretary of State. “(C) A senior representative of the Department of Defense, who shall be designated by the Secretary of Defense. “(D) A senior representative of the Department of Education, who shall be designated by the Secretary of Education. “(E) A senior representative of the Department of Justice, who shall be designated by the Attorney General. “(F) A senior representative of the Agency for International Development, who shall be designated by the Administrator of the Agency. “(G) Senior representatives of such other departments and agencies as the Chair determines to be appropriate. “(4) Representatives of the National Security Adviser and the Director of the Office of Management and Budget may participate in the Working Group at the discretion of the Adviser and the Director, respectively. “(5) The Working Group shall be supported by an interagency staff office established in the Bureau of Educational and Cultural Affairs of the United States Information Agency. “(6) The Working Group shall have the following purposes and responsibilities: “(A) To collect, analyze, and report data provided by all United States Government departments and agencies conducting international exchanges and training programs. “(B) To promote greater understanding and cooperation among concerned United States Government departments and agencies of common issues and challenges in conducting international exchanges and training programs, including through the establishment of a clearinghouse for information on international exchange and training activities in the governmental and nongovernmental sectors. “(C) In order to achieve the most efficient and cost-effective use of Federal resources, to identify administrative and programmatic duplication and overlap of activities by the various United States Government departments and agencies involved in Government-sponsored international exchange and training programs, to identify how each Government-sponsored international exchange and training program promotes United States foreign policy, and to report thereon. “(D)(i) Not later than 1 year after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 112 STAT. 2681–834and 1999, the Working Group shall develop a coordinated and cost-effective strategy for all United States Government-sponsored international exchange and training programs, including an action plan with the objective of achieving a minimum of 10 percent cost savings through greater efficiency, the consolidation of programs, or the elimination of duplication, or any combination thereof. “(ii) Not later than 1 year after the date of enactmentReports. of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, the Working Group shall submit a report to the appropriate congressional committees setting forth the strategy and action plan required by clause (i). “(iii) Each year thereafter the Working Group shall assess the strategy and plan required by clause (i). “(E) Not later than 2 years after the date of the enactmentReports. of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, to develop recommendations on common performance measures for all United States Government-sponsored international exchange and training programs, and to issue a report. “(F) To conduct a survey of private sector international exchange activities and develop strategies for expanding public and private partnerships in, and leveraging private sector support for, United States Government-sponsored international exchange and training activities. “(G) Not later than 6 months after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, to report on the feasibility and advisability of transferring funds and program management for the ATLAS or the Mandela Fellows programs, or both, in South Africa from the Agency for International Development to the United States Information Agency. The report shall include an assessmentReports. of the capabilities of the South African Fulbright Commission to manage such programs and the cost effects of consolidating such programs under one entity. “(7) All reports prepared by the Working Group shall be submitted to the President, through the Director of the United States Information Agency. “(8) The Working Group shall meet at least on a quarterly basis. “(9) All decisions of the Working Group shall be by majority vote of the members present and voting. “(10) The members of the Working Group shall serve without additional compensation for their service on the Working Group. Any expenses incurred by a member of the Working Group in connection with service on the Working Group shall be compensated by that member’s department or agency. “(11) With respect to any report issued under paragraph (6), a member may submit dissenting views to be submitted as part of the report of the Working Group.”. " SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE.
(a)In General.—Section 103(b)(1) of the Human Rights, Refugee,[22 USC 2452 note](/us/usc/t22/s2452). and Other Foreign Relations Provisions Act of 1996 (Public Law 104–319; 22 U.S.C. 2151 note) is amended—
(1)by striking “for fiscal year 1997” and inserting “for the fiscal year 1999”; and112 STAT. 2681–835
(2)by inserting after “who are outside Tibet” the following: “(if practicable, including individuals active in the preservation of Tibet’s unique culture, religion, and language)”. (b)[22 USC 2452 note](/us/usc/t22/s2452). Effective Date.—The amendments made by subsection
(a)shall take effect on October 1, 1998. SEC. 2416. SURROGATE BROADCASTING STUDY. Not later than 6 months after the date of enactment of this Act, the Broadcasting Board of Governors, acting through the International Broadcasting Bureau, should conduct and complete a study of the appropriateness, feasibility, and projected costs of providing surrogate broadcasting service to Africa and transmit the results of the study to the appropriate congressional committees. SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.
(a)Radio Free Iran.—Not more than $2,000,000 of the funds made available under section 2401(a)(4) of this division for each of the fiscal years 1998 and 1999 for grants to RFE/RL, Incorporated, shall be available only for surrogate radio broadcasting RFE/RL, Incorporated, to the Iranian people in the Farsi language, such broadcasts to be designated as “Radio Free Iran”.
(b)Report to Congress.—Not later than 60 days after the date of enactment of this Act, the Broadcasting Board of Governors of the United States Information Agency shall submit a detailed report to Congress describing the costs, implementation, and plans for creation of the surrogate broadcasting service described in subsection (a).
(c)Availability of Funds.—None of the funds made available under subsection
(a)may be made available until submission of the report required under subsection (b). SEC. 2418.[22 USC 1474 note](/us/usc/t22/s1474). AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS. The Director of the United States Information Agency is authorized to administer summer travel and work programs without regard to preplacement requirements. SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING APPROPRIATIONS. Section 701(f) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended by striking paragraph (4). SEC. 2420.[22 USC 6202 note](/us/usc/t22/s6202). VOICE OF AMERICA BROADCASTS.
(a)In General.—The Voice of America shall devote programming each day to broadcasting information on the individual States of the United States. The broadcasts shall include—
(1)information on the products, tourism, and cultural and educational facilities of each State;
(2)information on the potential for trade with each State; and
(3)discussions with State officials with respect to the matters described in paragraphs
(1)and (2).
(b)Report.—Not later than one year after the date of enactment of this Act, the Broadcasting Board of Governors of the United States Information Agency shall submit a report to Congress detailing the actions that have been taken to carry out subsection (a).112 STAT. 2681–836
(c)State Defined.—In this section, the term “State” means any of the several States of the United States, the District of Columbia, or any commonwealth or territory of the United States. TITLE XXV—INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES. There are authorized to be appropriated for “International Conferences and Contingencies”, $6,537,000 for the fiscal year 1998 and $16,223,000 for the fiscal year 1999 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international conferences and contingencies and to carry out other authorities in law consistent with such purposes. SEC. 2502. RESTRICTION RELATING TO UNITED STATES ACCESSION TO ANY NEW INTERNATIONAL CRIMINAL TRIBUNAL.[22 USC 262–1](/us/usc/t22/s262).
(a)Prohibition.—The United States shall not become a party to any new international criminal tribunal, nor give legal effect to the jurisdiction of such a tribunal over any matter described in subsection (b), except pursuant to—
(1)a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after the date of enactment of this Act; or
(2)any statute enacted by Congress on or after the date of enactment of this Act.
(b)Jurisdiction Described.—The jurisdiction described in this section is jurisdiction over—
(1)persons found, property located, or acts or omissions committed, within the territory of the United States; or
(2)nationals of the United States, wherever found.
(c)Statutory Construction.—Nothing in this section precludes sharing information, expertise, or other forms of assistance with such tribunal.
(d)Definition.—The term “new international criminal tribunal” means any permanent international criminal tribunal established on or after the date of enactment of this Act and does not include—
(1)the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia, as established by United Nations Security Council Resolution 827 of May 25,1993; or
(2)the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, as established by United Nations Security Council Resolution 955 of November 8, 1994. SEC. 2503. UNITED STATES MEMBERSHIP IN THE BUREAU OF THE INTERPARLIAMENTARY UNION.[22 USC 276 note](/us/usc/t22/s276).
(a)Interparliamentary Union Limitation.—Unless the SecretaryCertification.Effective date. of State certifies to Congress that the United States will be assessed not more than $500,000 for its annual contribution to the Bureau of the Interparliamentary Union during fiscal year 112 STAT. 2681–8371999, then effective October 1, 1999, the authority for further participation by the United States in the Bureau shall terminate in accordance with subsection (d).
(b)Elimination of Authority to Pay Expenses of the American Group.—Section 1 of the Act entitled “An Act to authorize participation by the United States in the Interparliamentary Union”, approved June 28, 1935 (22 U.S.C. 276) is amended—
(1)in the first sentence—
(A)by striking “fiscal year” and all that follows through “(1) for” and inserting “fiscal year for”;
(B)by striking “; and”; and
(C)by striking paragraph (2); and
(D)by striking the second sentence.
(c)Elimination of Permanent Appropriation.—Section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988 (as contained in section 101(a) of the Continuing Appropriations Act, 1988 (Public Law 100–202; 22 U.S.C. 276 note)) is amended—
(1)by striking “$440,000” and inserting “$350,000”; and
(2)by striking “paragraph
(2)of the first section of Public Law 74–170”.
(d)Conditional Termination of Authority.—Unless Congress receives the certification described in subsection
(a)before October 1, 1999, effective on that date the Act entitled “An Act to authorize participation by the United States in the Interparliamentary Union”, approved June 28, 1935 (22 U.S.C. 276–276a–4) is repealed. (e)[22 USC 276 note](/us/usc/t22/s276). Transfer of Funds to the Treasury.—Unobligated balances of appropriations made under section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act 1988 (as contained in section 101(a) of the Continuing Appropriations Act, 1988; Public Law 100–202) that are available as of the day before the date of enactment of this Act shall be transferred on such date to the general fund of the Treasury of the United States. SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS.
(a)In General.—Section 3582(b) of title 5, United States Code, is amended by striking all after the first sentence and inserting the following: “On reemployment, an employee entitled to the benefits of subsection
(a)is entitled to the rate of basic pay to which the employee would have been entitled had the employee remained in the civil service. On reemployment, the agency shall restore the sick leave account of the employee, by credit or charge, to its status at the time of transfer. The period of separation caused by the employment of the employee with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. This subsection does not apply to a congressional employee.”. (b)[5 USC 3582 note](/us/usc/t5/s3582). Effective Date.—The amendment made by subsection
(a)shall apply with respect to transfers that take effect on or after the date of enactment of this Act. SEC. 2505.[5 USC 5707 note](/us/usc/t5/s5707). REPORTS REGARDING FOREIGN TRAVEL.
(a)Prohibition.—Except as provided in subsection (e), none of the funds authorized to be appropriated by this division for fiscal year 1999 may be used to pay for the expenses of foreign travel by an officer or employee of an Executive branch agency 112 STAT. 2681–838to attend an international conference, or for the routine services that a United States diplomatic mission or consular post provides in support of foreign travel by such an officer or employee to attend an international conference, unless that officer or employee has submitted a preliminary report with respect to that foreign travel in accordance with subsection (b), and has not previously failed to submit a final report with respect to foreign travel to attend an international conference required by subsection (c).
(b)Preliminary Reports.—A preliminary report referred to in subsection
(a)is a report by an officer or employee of an Executive branch agency with respect to proposed foreign travel to attend an international conference, submitted to the Director prior to commencement of the travel, setting forth—
(1)the name and employing agency of the officer or employee;
(2)the name of the official who authorized the travel; and
(3)the purpose and duration of the travel.
(c)Final Reports.—A final report referred to in subsection
(a)is a report by an officer or employee of an Executive branch agency with respect to foreign travel to attend an international conference, submitted to the Director not later than 30 days after the conclusion of the travel—
(1)setting forth the actual duration and cost of the travel; and
(2)updating any other information included in the preliminary report.
(d)Report to Congress.—The Director shall submit a report not later than April 1, 1999, to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives, setting forth with respect to each international conference for which reports described in subsection
(c)were required to be submitted to the Director during the preceding six months—
(1)the names and employing agencies of all officers and employees of Executive branch agencies who attended the international conference;
(2)the names of all officials who authorized travel to the international conference, and the total number of officers and employees who were authorized to travel to the conference by each such official; and
(3)the total cost of travel by officers and employees of Executive branch agencies to the international conference.
(e)Exceptions.—This section shall not apply to travel by—
(1)the President or the Vice President;
(2)any officer or employee who is carrying out an intelligence or intelligence-related activity, who is performing a protective function, or who is engaged in a sensitive diplomatic mission; or
(3)any officer or employee who travels prior to January 1, 1999.
(f)Definitions.—In this section:
(1)Director.—The term “Director” means the Director of the Office of International Conferences of the Department of State.
(2)Executive branch agency.—The terms “Executive branch agency” and “Executive branch agencies” mean—112 STAT. 2681–839
(A)an entity or entities, other than the General Accounting Office, defined in section 105 of title 5, United States Code; and
(B)the Executive Office of the President (except as provided in subsection (e)).
(3)International conference.—The term “international conference” means any meeting held under the auspices of an international organization or foreign government, at which representatives of more than two foreign governments are expected to be in attendance, and to which United States Executive branch agencies will send a total of ten or more representatives.
(g)Report.—Not later than 180 days after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report describing—
(1)the total Federal expenditure of all official international travel in each Executive branch agency during the previous fiscal year; and
(2)the total number of individuals in each agency who engaged in such travel. TITLE XXVI—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY SEC. 2601. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out the purposes of the Arms Control and Disarmament Act $41,500,000 for the fiscal year 1999. SEC. 2602. STATUTORY CONSTRUCTION. Section 303 of the Arms Control and Disarmament Act (22 U.S.C. 2573), as redesignated by section 2223 of this division, is amended by adding at the end the following new subsection: " “(c) Statutory Construction.—Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.”. " TITLE XXVII—European Security Act of 1998.EUROPEAN SECURITY ACT OF 1998 SEC. 2701.[22 USC 1928 note](/us/usc/t22/s1928). SHORT TITLE. This title may be cited as the “European Security Act of 1998”. SEC. 2702. STATEMENT OF POLICY.
(a)Policy With Respect to NATO Enlargement.—Congress urges the President to outline a clear and complete strategic rationale for the enlargement of the North Atlantic Treaty Organization (NATO), and declares that—
(1)Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO;
(2)the United States should ensure that NATO continues a process whereby all other emerging democracies in Central and Eastern Europe that wish to join NATO will be considered 112 STAT. 2681–840for membership in NATO as soon as they meet the criteria for such membership;
(3)the United States should ensure that no limitations are placed on the numbers of NATO troops or types of equipment, including tactical nuclear weapons, to be deployed on the territory of new member states;
(4)the United States should reject all efforts to condition NATO decisions on review or approval by the United Nations Security Council;
(5)the United States should clearly delineate those NATO deliberations, including but not limited to discussions on arms control, further Alliance enlargement, procurement matters, and strategic doctrine, that are not subject to review or discussion in the NATO-Russia Permanent Joint Council;
(6)the United States should work to ensure that countries invited to join the Alliance are provided an immediate seat in NATO discussions; and
(7)the United States already pays more than a proportionate share of the costs of the common defense of Europe and should obtain, in advance, agreement on an equitable distribution of the cost of NATO enlargement to ensure that the United States does not continue to bear a disproportionate burden.
(b)Policy With Respect to Negotiations With Russia.—
(1)Implementation.—NATO enlargement should be carried out in such a manner as to underscore the Alliance’s defensive nature and demonstrate to Russia that NATO enlargement will enhance the security of all countries in Europe, including Russia. Accordingly, the United States and its NATO allies should make this intention clear in negotiations with Russia, including negotiations regarding adaptation of the Conventional Armed Forces in Europe
(CFE)Treaty of November 19,1990.
(2)Limitations on commitments to russia.—In seeking to demonstrate to Russia NATO’s defensive and security-enhancing intentions, it is essential that neither fundamental United States security interests in Europe nor the effectiveness and flexibility of NATO as a defensive alliance be jeopardized. In particular, no commitments should be made to Russia that would have the effect of—
(A)extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including rights or responsibilities with respect to the deployment of nuclear weapons and the stationing of troops and equipment from other NATO members;
(B)limiting the ability of NATO to defend the territory of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO to deploy necessary reinforcements;
(C)providing any international organization, or any country that is not a member of NATO, with authority to delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or the implementation of such decisions, including deliberations and decisions with respect to the deployment of NATO forces or the admission of additional members to NATO;112 STAT. 2681–841
(D)impeding the development of enhanced relations between NATO and other European countries that do not belong to the Alliance;
(E)establishing a nuclear weapons-free zone in Centred or Eastern Europe;
(F)requiring NATO to subsidize Russian arms sales, service, or support to the militaries of those former Warsaw Pact countries invited to join the Alliance; or
(G)legitimizing Russian efforts to link concessions in arms control negotiations to NATO enlargement.
(3)Commitments from russia.—In order to enhance security and stability in Europe, the United States should seek commitments from Russia—
(A)to demarcate and respect all its borders with neighboring states;
(B)to achieve the immediate and complete withdrawal of any armed forces and military equipment under the control of Russia that are deployed on the territories of the independent states of the former Soviet Union without the full and complete agreement of those states;
(C)to station its armed forces on the territory of other states only with the full and complete agreement of that state and in strict accordance with international law; and
(D)to take steps to reduce further its nuclear and conventional forces in Kaliningrad.
(4)Consultations.—As negotiations on adaptation of the Treaty on Conventional Armed Forces in Europe proceed, the United States should engage in close and continuous consultations not only with its NATO allies, but also with the emerging democracies of Central and Eastern Europe, Ukraine, and the South Caucasus.
(c)Policy With Respect to Ballistic Missile Defense Cooperation.—
(1)In general.—As the United States proceeds with efforts to develop defenses against ballistic missile attack, it should seek to foster a climate of cooperation with Russia on matters related to missile defense. In particular, the United States and its NATO allies should seek to cooperate with Russia in such areas as early warning.
(2)Discussions with nato allies.—The United States should initiate discussions with its NATO allies for the purpose of examining the feasibility of deploying a ballistic missile defense capable of protecting NATO’s southern and eastern flanks from a limited ballistic missile attack.
(3)Constitutional prerogatives.—Even as the Congress seeks to promote ballistic missile defense cooperation with Russia, it must insist on its constitutional prerogatives regarding consideration of arms control agreements with Russia that bear on ballistic missile defense. SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.
(a)Policy of Section.—This section is enacted in order to implement the policy set forth in section 2702(a).
(b)Designation of Additional Countries Eligible for NATO Enlargement Assistance.—
(1)Designation of additional countries.—Romania, Estonia, Latvia, Lithuania, and Bulgaria are each designated 112 STAT. 2681–842as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (22 U.S.C. 1928 note) and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act.
(2)Rule of construction.—The designation of countries pursuant to paragraph
(1)as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994—
(A)is in addition to the designation of other countries by law or pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act; and
(B)shall not preclude the designation by the President of other emerging democracies in Central and Eastern Europe pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act.
(3)Sense of congress.—It is the sense of Congress that Romania, Estonia, Latvia, Lithuania, and Bulgaria—
(A)are to be commended for their progress toward political and economic reform and meeting the guidelines for prospective NATO members;
(B)would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members; and
(C)upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date.
(c)Regional Airspace Initiative and Partnership for Peace Information Management System.—
(1)In general.—Funds described in paragraph
(2)are authorized to be made available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System, including—
(A)the procurement of items in support of these programs; and
(B)the transfer of such items to countries participating in these programs.
(2)Funds described.—Funds described in this paragraph are funds that are available—
(A)during any fiscal year under the NATO Participation Act of 1994 with respect to countries eligible for assistance under that Act; or
(B)during fiscal year 1998 under any Act to carry out the Warsaw Initiative.
(d)Extension of Authority Regarding Excess Defense Articles.—Section 105 of Public Law 104–164 (110 Stat. 1427) is amended by striking “1996 and 1997” and inserting “1997, 1998, and 1999”.
(e)Conforming Amendments to the Nato Participation Act of 1994.—Section 203(c) of the NATO Participation Act of 1994 (22 U.S.C. 1928 note) is amended—
(1)in paragraph (1), by striking “, without regard to the restrictions” and all that follows through “section)”;
(2)by striking paragraph (2);112 STAT. 2681–843
(3)in paragraph (6), by striking “appropriated under the ‘Nonproliferation and Disarmament Fund account” and inserting “made available for the ‘Nonproliferation and Disarmament Fund’”; and
(4)in paragraph (8)—
(A)by striking “any restrictions in sections 516 and 519” and inserting “section 516(e)”;
(B)by striking “as amended,”; and
(C)by striking “paragraphs
(1)and (2)” and inserting “paragraph (1)”; and
(5)by redesignating paragraphs
(3)through
(8)as paragraphs
(2)through (7), respectively. SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL ARMED FORCES IN EUROPE. It is the sense of Congress that no revisions to the Treaty on Conventional Armed Forces in Europe will be approved for entry into force with respect to the United States that jeopardize fundamental United States security interests in Europe or the effectiveness and flexibility of NATO as a defensive alliance by—
(1)extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including rights or responsibilities with respect to the deployment of nuclear weapons and the stationing of troops and equipment from other NATO members;
(2)limiting the ability of NATO to defend the territory of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO to deploy necessary reinforcements;
(3)providing any international organization, or any country that is not a member of NATO, with the authority to delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or the implementation of such decisions, including deliberations and decisions with respect to the deployment of NATO forces or the admission of additional members to NATO; or
(4)impeding the development of enhanced relations between NATO and other European countries that do not belong to the Alliance. SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE.
(a)Policy of Section.—This section is enacted in order to implement the policy set forth in section 2702(c).
(b)Restriction on Entry Into Force of ABM/TMD Demarcation Agreements.—An ABM/TMD demarcation agreement shall not be binding on the United States, and shall not enter into force with respect to the United States, unless, after the date of enactment of this Act, that agreement is specifically approved with the advice and consent of the United States Senate pursuant to Article II, section 2, clause 2 of the Constitution.
(c)Sense of Congress With Respect to Demarcation Agreements.—
(1)Relationship to multilateralization of abm treaty.—It is the sense of Congress that no ABM/TMD demarcation agreement will be considered for advice and consent to ratification unless, consistent with the certification of the President pursuant to condition
(9)of the resolution of 112 STAT. 2681–844ratification of the CFE Flank Document, the President submits for Senate advice and consent to ratification any agreement, arrangement, or understanding that would—
(A)add one or more countries as State Parties to the ABM Treaty, or otherwise convert the ABM Treaty from a bilateral treaty to a multilateral treaty; or
(B)change the geographic scope or coverage of the ABM Treaty, or otherwise modify the meaning of the term “national territory” as used in Article VI and Article IX of the ABM Treaty.
(2)Preservation of united states theater ballistic missile defense potential.—It is the sense of Congress that no ABM/TMD demarcation agreement that would reduce the capabilities of United States theater missile defense systems, or the numbers or deployment patterns of such systems, will be approved for entry into force with respect to the United States.
(d)Report on Cooperative Projects With Russia.—Not laterPresident. than January 1, 1999, and January 1, 2000, the President shall submit to the Committees on International Relations, National Security, and Appropriations of the House of Representatives and the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate a report on cooperative projects with Russia in the area of ballistic missile defense, including in the area of early warning. Each such report shall include the following:
(1)Cooperative projects.—A description of all cooperative projects conducted in the area of early warning and ballistic missile defense during the preceding fiscal year and the fiscal year during which the report is submitted.
(2)Funding.—A description of the funding for such projects during the preceding fiscal year and the year during which the report is submitted and the proposed funding for such projects for the next fiscal year.
(3)Status of dialogue or discussions.—A description of the status of any dialogue or discussions conducted during the preceding fiscal year between the United States and Russia aimed at exploring the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the ABM Treaty, including the possibility of developing a strategic relationship not based on mutual nuclear threats.
(e)Definitions.—In this section:
(1)ABM/TMD demarcation agreement.—The term “ABM/TMD demarcation agreement” means any agreement that establishes a demarcation between theater ballistic missile defense systems and strategic antiballistic missile defense systems for purposes of the ABM Treaty.
(2)ABM treaty.—The term “ABM Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972 (23 UST 3435), and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974 (27 UST 1645).112 STAT. 2681–845 TITLE XXVIII—OTHER FOREIGN POLICY PROVISIONS SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE GOVERNMENT OF SAUDI ARABIA
(a)In General.—Not later than 90 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of State, after consultation with the Secretary of Defense and the Secretary of Commerce, shall submit a report to the appropriate congressional committees on specific actions taken by the Department of State, the Department of Defense, and the Department of Commerce toward progress in resolving the commercial disputes between United States firms and the Government of Saudi Arabia that are described in the June 30, 1993, report by the Secretary of Defense pursuant to section 9140(c) of the Department of Defense Appropriations Act, 1993 (Public Law 102–396), including the additional claims noticed by the Department of Commerce on page 2 of that report.
(b)Termination.—Subsection
(a)shall cease to have effect on the earlier of—
(1)the date of submission of the third report under that subsection; or
(2)the date that the Secretary of State, after consultation with the Secretary of Defense and the Secretary of Commerce, certifies in writing to the appropriate congressional committees that the commercial disputes referred to in subsection
(a)have been resolved satisfactorily. SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERT AD ACT.
(a)Reports Required.—Not later than 30 days after the date of the enactment of this Act and every 3 months thereafter during the period ending September 30, 1999, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each report shall include—
(1)an unclassified list, by economic sector, of the number of entities then under review pursuant to that section;
(2)an unclassified list of all entities and a classified list of all individuals that the Secretary of State has determined to be subject to that section;
(3)an unclassified list of all entities and a classified list of all individuals that the Secretary of State has determined are no longer subject to that section;
(4)an explanation of the status of the review underway for the cases referred to in paragraph (1); and
(5)an unclassified explanation of each determination of the Secretary of State under section 401(a) of that Act and each finding of the Secretary under section 401(c) of that Act—
(A)since the date of the enactment of this Act, in the case of the first report under this subsection; and
(B)in the preceding 3-month period, in the case of each subsequent report.112 STAT. 2681–846
(b)Protection of Identity of Concerned Entities.—In preparing the report under subsection (a), the names of entities shall not be identified under paragraph
(1)or (4). SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION.
(a)In General.—Beginning 6 months after the date of the enactment of this Act and every 12 months thereafter during the period ending September 30, 1999, the Secretary of State shall submit a report to the appropriate congressional committees on the compliance with the provisions of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, by the signatory countries of the Convention. Each such report shall include the following information:
(1)The number of applications for the return of children submitted by United States citizens to the Central Authority for the United States that remain unresolved more than 18 months after the date of filing.
(2)A list of the countries to which children in unresolved applications described in paragraph
(1)are alleged to have been abducted.
(3)A list of the countries that have demonstrated a pattern of noncompliance with the obligations of the Convention with respect to applications for the return of children submitted by United States citizens to the Central Authority for the United States.
(4)Detailed information on each unresolved case described in paragraph
(1)and on actions taken by the Department of State to resolve each such case.
(5)Information on efforts by the Department of State to encourage other countries to become signatories of the Convention.
(b)Definition.—In this section, the term “Central Authority for the United States” has the meaning given the term in Article 6 of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25,1980. SEC. 2804. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE ECUMENICAL PATRIARCHATE BY THE GOVERNMENT OF TURKEY. It is the sense of Congress that the United States should use its influence with the Government of Turkey to suggest that the Government of Turkey—
(1)recognize the Ecumenical Patriarchate and its nonpolitical, religious mission;
(2)ensure the continued maintenance of the institution’s physical security needs, as provided for under Turkish and international law, including the Treaty of Lausanne, the 1968 Protocol, the Helsinki Final Act (1975), and the Charter of Paris;
(3)provide for the proper protection and safety of the Ecumenical Patriarch and Patriarchate personnel; and
(4)reopen the Ecumenical Patriarchate’s Halki Patriarchal School of Theology. SEC. 2805. REPORT ON RELATIONS WITH VIETNAM. In order to provide Congress with the necessary information by which to evaluate the relationship between the United States 112 STAT. 2681–847and Vietnam, the Secretary of State shall submit a report to the appropriate congressional committees, not later than 90 days after the date of enactment of this Act and every 180 days thereafter during the period ending September 30, 1999, on the extent to which—
(1)the Government of the Socialist Republic of Vietnam is cooperating with the United States in providing the fullest possible accounting of all unresolved cases of prisoners of war
(POWs)or persons missing-in-action
(MIAs)through the provision of records and the unilateral and joint recovery and repatriation of American remains;
(2)the Government of the Socialist Republic of Vietnam has made progress toward the release of all political and religious prisoners, including Catholic, Protestant, and Buddhist clergy;
(3)the Government of the Socialist Republic of Vietnam is cooperating with requests by the United States to obtain full and free access to persons of humanitarian interest to the United States for interviews under the Orderly Departure
(ODP)and Resettlement Opportunities for Vietnamese Refugees
(ROVR)programs, and in providing exit visas for such persons;
(4)the Government of the Socialist Republic of Vietnam has taken vigorous action to end extortion, bribery, and other corrupt practices in connection with such exit visas; and
(5)the Government of the United States is making vigorous efforts to interview and resettle former reeducation camp victims, their immediate families including unmarried sons and daughters, former United States Government employees, and other persons eligible for the ODP program, and to give such persons the full benefit of all applicable United States laws including sections 599D and 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990 (Public Law 101–167). SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN LAOS. Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on the allegations of persecution and abuse of the Hmong and Laotian refugees who have returned to Laos. The report shall include the following:
(1)A full investigation, including full documentation of individual cases of persecution, of the Lao Government’s treatment of Hmong and Laotian refugees who have returned to Laos.
(2)The steps the Department of State will take to continue to monitor any systematic human rights violations by the Government of Laos.
(3)The actions which the Department of State will take to seek to ensure the cessation of human rights violations. SEC. 2807. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE WESTERN HEMISPHERE.
(a)Sense of Congress on Discussions for Alliance.—
(1)Sense of congress.—It is the sense of Congress that the President should discuss with the democratically-elected governments of the Western Hemisphere, the prospect of 112 STAT. 2681–848forming a multilateral alliance to address problems relating to international drug trafficking in the Western Hemisphere.
(2)Consultations.—In the consultations on the prospect of forming an alliance described in paragraph (1), the President should seek the input of such governments on the possibility of forming one or more structures within the alliance—
(A)to develop a regional, multilateral strategy to address the threat posed to nations in the Western Hemisphere by drug trafficking; and
(B)to establish a new mechanism for improving multilateral coordination of drug interdiction and drug-related law enforcement activities in the Western Hemisphere.
(b)Report.—
(1)Requirement.—Not later than 60 days after the datePresident. of enactment of this Act, the President shall submit to Congress a report on the proposal discussed under subsection (a). The report shall include the following:
(A)An analysis of the reactions of the governments concerned to the proposal.
(B)An assessment of the proposal, including an evaluation of the feasibility and advisability of forming the alliance.
(C)A determination in light of the analysis and assessment whether or not the formation of the alliance is in the national interests of the United States.
(D)If the President determines that the formation of the alliance is in the national interests of the United States, a plan for encouraging and facilitating the formation of the alliance.
(E)If the President determines that the formation of the alliance is not in the national interests of the United States, an alternative proposal to improve significantly efforts against the threats posed by narcotics trafficking in the Western Hemisphere, including an explanation of how the alternative proposal will—
(i)improve upon current cooperation and coordination of counter-drug efforts among nations in the Western Hemisphere;
(ii)provide for the allocation of the resources required to make significant progress in disrupting and disbanding the criminal organizations responsible for the trafficking of illegal drugs in the Western Hemisphere; and
(iii)differ from and improve upon past strategies adopted by the United States Government which have failed to make sufficient progress against the trafficking of illegal drugs in the Western Hemisphere.
(2)Unclassified form.—The report under paragraph
(1)shall be submitted in unclassified form, but may contain a classified annex. SEC. 2808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF TAIWAN TO THE WORLD TRADE ORGANIZATION.
(a)Findings.—The Congress makes the following findings:
(1)The people of the United States and the people of the Republic of China on Taiwan have long enjoyed extensive ties.112 STAT. 2681–849
(2)Taiwan is currently the 8th largest trading partner of the United States.
(3)The executive branch of Government has committed publicly to support Taiwan’s bid to join the World Trade Organization and has declared that the United States will not oppose this bid solely on the grounds that the People’s Republic of China, which also seeks membership in the World Trade Organization, is not yet eligible because of its unacceptable trade practices.
(4)The United States and Taiwan have concluded discussions on a variety of outstanding trade issues that remain unresolved with the People’s Republic of China and that are necessary for the United States to support Taiwan’s membership in the World Trade Organization.
(5)The reversion of control over Hong Kong—a member of the World Trade Organization—to the People’s Republic of China in many respects affords to the People’s Republic of China the practical benefit of membership in the World Trade Organization for a substantial portion of its trade in goods despite the fact that the trade practices of the People’s Republic of China currently fall far short of what the United States expects for membership in the World Trade Organization.
(6)The executive branch of Government has announced its interest in the admission of the People’s Republic of China to the World Trade Organization; the fundamental sense of fairness of the people of the United States warrants the United States Government’s support for Taiwan’s relatively more meritorious application for membership in the World Trade Organization.
(7)Despite having made significant progress in negotiations for its accession to the World Trade Organization, Taiwan has yet to offer acceptable terms of accession in agricultural and certain other market sectors.
(8)It is in the economic interest of United States consumers and exporters for Taiwan to complete those requirements for accession to the World Trade Organization at the earliest possible moment.
(b)Congressional Statement.—The Congress favors public support by officials of the Department of State for the accession of Taiwan to the World Trade Organization. SEC. 2809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY IN CUBA.
(a)Withholding of United States Proportional Share of Assistance.—Section 307(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(c)) is amended—
(1)by striking “The limitations” and inserting “(1) Subject to paragraph (2), the limitations”; and (2)Applicability. by adding at the end the following: " “(2)(A) Except as provided in subparagraph (B), with respect to funds authorized to be appropriated by this chapter and available for the International Atomic Energy Agency, the limitations of subsection
(a)shall apply to programs or projects of such Agency in Cuba. “(B)(i) Subparagraph
(A)shall not apply with respect to programs or projects of the International Atomic Energy Agency that provide for the discontinuation, dismantling, or safety inspection 112 STAT. 2681–850of nuclear facilities or related materials, or for inspections and similar activities designed to prevent the development of nuclear weapons by a country described in subsection (a). “(ii) Clause
(i)shall not apply with respect to the Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research Center unless Cuba— “(I) ratifies the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear Weapons in Latin America (commonly known as the Treaty of Tlatelolco); “(II) negotiates full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and “(III) incorporates internationally accepted nuclear safety standards.”. "
(b)Opposition to Certain Programs or Projects.—The Secretary[22 USC 2021 note](/us/usc/t22/s2021). of State shall direct the United States representative to the International Atomic Energy Agency to oppose the following:
(1)Technical assistance programs or projects of the Agency at the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and at the Pedro Pi Nuclear Research Center.
(2)Any other program or project of the Agency in Cuba that is, or could become, a threat to the security of the United States.
(c)Reporting Requirements.—[22 USC 2021 note](/us/usc/t22/s2021).
(1)Request for iaea reports.—The Secretary of State shall direct the United States representative to the International Atomic Energy Agency to request the Director-General of the Agency to submit to the United States all reports prepared with respect to all programs or projects of the Agency that are of concern to the United States, including the programs or projects described in subsection (b).
(2)Annual reports to the congress.—Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter, the Secretary of State, in consultation with the United States representative to the International Atomic Energy Agency, shall prepare and submit to the Congress a report containing a description of all programs or projects of the Agency in each country described in section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)). SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA NUCLEAR DEVELOPMENT.
(a)In General.—Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370), as amended by this division, is further amended by adding at the end the following: " “(y)(1) Except as provided in paragraph (2), the President shall withhold from amounts made available under this Act or any other Act and allocated for a country for a fiscal year an amount equal to the aggregate value of nuclear fuel and related assistance and credits provided by that country, or any entity of that country, to Cuba during the preceding fiscal year. “(2) The requirement to withhold assistance for a country for a fiscal year under paragraph
(1)shall not apply if Cuba— “(A) has ratified the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, 112 STAT. 2681–851and Cuba is in compliance with the requirements of either such Treaty; “(B) has negotiated and is in compliance with full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and “(C) incorporates and is in compliance with internationally accepted nuclear safety standards. “(3) The Secretary of State shall prepare and submit to the Congress each year a report containing a description of the amount of nuclear fuel and related assistance and credits provided by any country, or any entity of a country, to Cuba during the preceding year, including the terms of each transfer of such fuel, assistance, or credits.”. " (b)[22 USC 2370 note](/us/usc/t22/s2370). Effective Date.—Section 620(y) of the Foreign Assistance Act of 1961, as added by subsection (a), shall apply with respect to assistance provided in fiscal years beginning on or after the date of the enactment of this Act. SEC. 2811. INTERNATIONAL FUND FOR IRELAND.
(a)Purposes.—Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415; 100 Stat. 947) is amended by adding at the end the following new sentences: “United States contributions should be used in a manner that effectively increases employment opportunities in communities with rates of unemployment higher than the local or urban average of unemployment in Northern Ireland. In addition, such contributions should be used to benefit individuals residing in such communities.”.
(b)Conditions and Understandings.—Section 5(a) of such Act is amended—
(1)in the first sentence—
(A)by striking “The United States” and inserting the following: " “(1) In general.—The United States”; "
(B)by striking “in this Act may be used” and inserting the following: “in this Act— " “(A) may be used”; "
(C)by striking the period and inserting “, and”; and
(D)by adding at the end the following: " “(B) should be provided to individuals or entities in Northern Ireland which employ practices consistent with the principles of economic justice.”; and "
(2)in the second sentence, by striking “The restrictions” and inserting the following: " “(2) Additional requirements.—The restrictions”. "
(c)Prior Certifications.—Section 5(c)(2) of such Act is amended—
(1)in subparagraph (A), by striking “in accordance with the principle of equality” and all that follows and inserting “to individuals and entities whose practices are consistent with principles of economic justice; and”; and
(2)in subparagraph (B), by inserting before the period at the end the following: “and will create employment opportunities in regions and communities of Northern Ireland suffering from high rates of unemployment”.
(d)Annual Reports.—Section 6 of such Act is amended—
(1)in paragraph (2), by striking “and” at the end;112 STAT. 2681–852
(2)in paragraph (3), by striking the period and inserting “; and”; and
(3)by adding at the end the following new paragraph: " “(4) the extent to which the practices of each individual or entity receiving assistance from United States contributions to the International Fund has been consistent with the principles of economic justice.”. "
(e)Requirements Relating to Funds.—Section 7 of such Act is amended by adding at the end the following: " “(c) Prohibition.—Nothing included herein shall require quotas or reverse discrimination or mandate their use”. "
(f)Definitions.—Section 8 of such Act 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 new paragraph: " “(3) the term ‘principles of economic justice’ means the following principles: “(A) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs. “(B) Providing adequate security for the protection of minority employees at the workplace. “(C) Banning provocative sectarian or political emblems from the workplace. “(D) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups. “(E) Providing that layoff, recall, and termination procedures do not favor a particular religious group. “(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion. “(G) Providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. “(H) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement. “(I) Providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in subparagraphs
(A)through (H).”. " SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.
(a)Assistance for Justice in Iraq.—There are authorized to be appropriated for fiscal year 1998 $3,000,000 for assistance to an international commission to establish an international record for the criminal culpability of Saddam Hussein and other Iraqi officials and for an international criminal tribunal established for the purpose of indicting, prosecuting, and punishing Saddam 112 STAT. 2681–853Hussein and other Iraqi officials responsible for crimes against humanity, genocide, and other violations of international law.
(b)Assistance to the Democratic Opposition in Iraq.—There are authorized to be appropriated for fiscal year 1998 $15,000,000 to provide support for democratic opposition forces in Iraq, of which—
(1)not more than $10,000,000 shall be for assistance to the democratic opposition, including leadership organization, training political cadre, maintaining offices, disseminating information, and developing and implementing agreements among opposition elements; and
(2)not more than $5,000,000 of the funds made available under this subsection shall be available only for grants to RFE/RL, Incorporated, for surrogate radio broadcasting by RFE/ RL, Incorporated, to the Iraqi people in the Arabic language, such broadcasts to be designated as “Radio Free Iraq”.
(c)Assistance for Humanitarian Relief and Reconstruction.—There are authorized to be appropriated for fiscal year 1998 $20,000,000 for the relief, rehabilitation, and reconstruction of people living in Iraq, and communities located in Iraq, who are not under the control of the Saddam Hussein regime.
(d)Availability.—Amounts authorized to be appropriated by this section shall be provided in addition to amounts otherwise made available and shall remain available until expended.
(e)Notification.—All assistance provided pursuant to this section shall be notified to Congress in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961.
(f)Relation to Other Laws.—Funds made available to carry out the provisions of this section may be made available notwithstanding any other provision of law.
(g)Report.—Not later than 45 days after the date of enactment of this Act, the Secretary of State and the Broadcasting Board of Governors of the United States Information Agency shall submit a detailed report to Congress describing—
(1)the costs, implementation, and plans for the establishment of an international war crimes tribunal described in subsection (a);
(2)the establishment of a political assistance program, and the surrogate broadcasting service, as described in subsection (b); and
(3)the humanitarian assistance program described in subsection (c). SEC. 2813. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF SERBIA.
(a)Findings.—Congress makes the following findings:
(1)The United States stands as the beacon of democracy and freedom in the world.
(2)A stable and democratic Republic of Serbia is important to the interests of the United States, the international community, and to peace in the Balkans.
(3)Democratic forces in the Republic of Serbia are beginning to emerge, notwithstanding the efforts of Europe’s longest-standing communist dictator, Slobodan Milosevic.
(4)The Serbian authorities have sought to continue to hinder the growth of free and independent news media in 112 STAT. 2681–854the Republic of Serbia, in particular the broadcast news media, and have harassed journalists performing their professional duties.
(5)Under Slobodan Milosevic, the political opposition in Serbia has been denied free, fair, and equal opportunity to participate in the democratic process.
(b)Sense of Congress.—It is the sense of Congress that—
(1)the United States, the international community, nongovernmental organizations, and the private sector should continue to promote the building of democratic institutions and civic society in the Republic of Serbia, help strengthen the independent news media, and press for the Government of the Republic of Serbia to respect the rule of law; and
(2)the normalization of relations between the “Federal Republic of Yugoslavia” (Serbia and Montenegro) and the United States requires, among other things, that President Milosevic and the leadership of Serbia—
(A)promote the building of democratic institutions, including strengthening the independent news media and respecting the rule of law;
(B)promote the respect for human rights throughout the “Federal Republic of Yugoslavia” (Serbia and Montenegro); and
(C)promote and encourage free, fair, and equal conditions for the democratic opposition in Serbia. DIVISION—HDepository Institution-GSE Affiliation Act of 1998.[12 USC 1811 note](/us/usc/t12/s1811). SECTION 1. SHORT TITLE. This Division may be cited as the “Depository Institution-GSE Affiliation Act of 1998”. SEC. 2. CERTAIN AFFILIATION PERMITTED. Section 18(s) of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)) is amended—
(1)by redesignating paragraph
(4)as paragraph (5); and
(2)by inserting after paragraph
(3)the following new paragraph: " “(4) Student loans.— “(A) In general.—This subsection shall not apply to any arrangement between the Holding Company (or any subsidiary of the Holding Company other than the Student Loan Marketing Association) and a depository institution, if the Secretary approves the affiliation and determines that— “(i) the reorganization of such Association in accordance with section 440 of the Higher Education Act of 1965, as amended, will not be adversely affected by the arrangement; “(ii) the dissolution of the Association pursuant to such reorganization will occur before the end of the 2-year period beginning on the date on which such arrangement is consummated or on such earlier date as the Secretary deems appropriate: Provided, That the Secretary may extend this period for not more than 1 year at a time if the Secretary determines that such extension is in the public interest and is 112 STAT. 2681–855appropriate to achieve an orderly reorganization of the Association or to prevent market disruptions in connection with such reorganization, but no such extensions shall in the aggregate exceed 2 years; “(iii) the Association will not purchase or extend credit to, or guarantee or provide credit enhancement to, any obligation of the depository institution; “(iv) the operations of the Association will be separate from the operations of the depository institution; and “(v) until the ‘dissolution date’ (as that term is defined in section 440 of the Higher Education Act of 1965, as amended) has occurred, such depository institution will not use the trade name or service mark ‘Sallie Mae’ in connection with any product or service it offers if the appropriate Federal banking agency for such depository institution determines that— “(I) the depository institution is the only institution offering such product or service using the ‘Sallie Mae’ name; and “(II) such use would result in the depository institution having an unfair competitive advantage over other depository institutions. “(B) Terms and conditions.—In approving any arrangement referred to in subparagraph
(A)the Secretary may impose any terms and conditions on such an arrangement that the Secretary considers appropriate, including— “(i) imposing additional restrictions on the issuance of debt obligations by the Association; or “(ii) restricting the use of proceeds from the issuance of such debt. “(C) Additional limitations.—In the event that the Holding Company (or any subsidiary of the Holding Company) enters into such an arrangement, the value of the Association’s ‘investment portfolio’ shall not at any time exceed the lesser of— “(i) the value of such portfolio on the date of the enactment of this subsection; or “(ii) the value of such portfolio on the date such an arrangement is consummated. The term ‘investment portfolio’ shall mean all investments shown on the consolidated balance sheet of the Association other than— “(I) any instrument or assets described in section 439(d) of the Higher Education Act of 1965, as amended; “(II) any direct noncallable obligations of the United States or any agency thereof for which the full faith and credit of the United States is pledged; or “(III) cash or cash equivalents. “(D) Enforcement.—The terms and conditions imposed under subparagraph
(B)may be enforced by the Secretary in accordance with section 440 of the Higher Education Act of 1965. “(E) Definitions.—For purposes of this paragraph, the following definition shall apply—112 STAT. 2681–856 “(i) Association; holding company.—Notwithstanding any provision in section 3, the terms ‘Association’ and ‘Holding Company’ have the same meanings as in section 440(i) of the Higher Education Act of 1965. “(ii) Secretary.—The term ‘Secretary’ means the Secretary of the Treasury.”. " DIVISION I—CHEMICAL WEAPONS CONVENTIONChemical Weapons Convention Implementation Act of 1998. 22 USC 6701 note. SECTION 1. SHORT TITLE. This Division may be cited as the “Chemical Weapons Convention Implementation Act of 1998”. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—GENERAL PROVISIONS Sec. 101. Designation of United States National Authority. Sec. 102. No abridgement of constitutional rights. Sec. 103. Civil liability of the United States. TITLE II—PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION OF THE UNITED STATES Subtitle A—Criminal and Civil Penalties Sec. 201. Criminal and civil provisions. Subtitle B—Revocations of Export Privileges Sec. 211. Revocations of export privileges. TITLE III—INSPECTIONS Sec. 301. Definitions in the title. Sec. 302. Facility agreements. Sec. 303. Authority to conduct inspections. Sec. 304. Procedures for inspections. Sec. 305. Warrants. Sec. 306. Prohibited acts relating to inspections. Sec. 307. National security exception. Sec. 308. Protection of constitutional rights of contractors. Sec. 309. Annual report on inspections. Sec. 310. United States assistance in inspections at private facilities. TITLE IV—REPORTS Sec. 401. Reports required by the United States National Authority. Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3 chemicals. Sec. 403. Prohibition relating to unscheduled discrete organic chemicals and coincidental byproducts in waste streams. Sec. 404. Confidentiality of information. Sec. 405. Recordkeeping violations. TITLE V—ENFORCEMENT Sec. 501. Penalties. Sec. 502. Specific enforcement. Sec. 503. Expedited judicial review. TITLE VI—MISCELLANEOUS PROVISIONS Sec. 601. Repeal. Sec. 602. Prohibition. Sec. 603. Bankruptcy actions. SEC. 3. DEFINITIONS.[22 USC 6701](/us/usc/t22/s6701). In this Act:112 STAT. 2681–857
(1)Chemical weapon—The term “chemical weapon” means the following, together or separately:
(A)A toxic chemical and its precursors, except where intended for a purpose not prohibited under this Act as long as the type and quantity is consistent with such a purpose.
(B)A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.
(C)Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).
(2)Chemical weapons convention; convention.—The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.
(3)Key component of a binary or multicomponent chemical system.—The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
(4)National of the united states.—The term “national of the United States” has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(5)Organization.—The term “Organization” means the Organization for the Prohibition of Chemical Weapons.
(6)Person.—The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.
(7)Precursor.—
(A)In general.—The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.
(B)List of precursors.—Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
(8)Purposes not prohibited by this act.—The term “purposes not prohibited by this Act” means the following:
(A)Peaceful purposes.—Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.
(B)Protective purposes.—Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.112 STAT. 2681–858
(C)Unrelated military purposes.—Any military purpose of the United States that is not connected with the use of a chemical weapon and that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.
(D)Law enforcement purposes.—Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.
(9)Technical secretariat.—The term “Technical Secretariat” means the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons established by the Chemical Weapons Convention.
(10)Schedule 1 chemical agent.—The term ‘Schedule 1 chemical agent’ means any of the following, together or separately:
(A)O-Alkyl (≤C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridates (e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman: O-Pinacolyl methylphosphonofluoridate).
(B)O-Alkyl (≤C10, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates (e.g. Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate).
(C)O-Alkyl (H or ≤C10, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts (e.g. VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate).
(D)Sulfur mustards: 2-Chloroethylchloromethylsulfide Mustard gas: (Bis(2-chloroethyl)sulfide Bis(2-chloroethylthio)methane Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane 1,3-Bis(2-chloroethylthio)-n-propane 1,4-Bis(2-chloroethylthio)-n-butane 1,5-Bis(2-chloroethylthio)-n-pentane Bis(2-chloroethylthiomethyl)ether O-Mustard: Bis(2-chloroethylthioethyl)ether.
(E)Lewisites: Lewisite 1: 2-Chlorovinyldichloroarsine Lewisite 2: Bis(2-chlorovinyl)chloroarsine Lewisite 3: Tris (2-clorovinyl)arsine.
(F)Nitrogen mustards: HN1: Bis(2-chloroethyl)ethylamine HN2: Bis(2-chloroethyl)methylamine HN3: Tris(2-chloroethyl)amine.
(G)Saxitoxin.
(H)Ricin.
(I)Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides e.g. DF: Methylphosphonyldifluoride.
(J)O-Alkyl (H or ≤C10 incl. cycloalkyl)O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite.
(K)Chlorosarin: O-Isopropyl methylphosphonochloridate.112 STAT. 2681–859
(L)Chlorosoman: O-Pinacolyl methylphosphonochloridate.
(11)Schedule 2 chemical agent.—The term ‘Schedule 2 chemical agent’ means the following, together or separately:
(A)Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate and corresponding alkylated or protonated salts
(B)PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene.
(C)BZ: 3-Quinuclidinyl benzilate
(D)Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms, e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate.
(E)N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides.
(F)Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates.
(G)arsenic trichloride.
(H)2,2-Diphenyl-2-hydroxyacetic acid.
(I)Quinuclidine-3-ol.
(J)N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts.
(K)N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts Exemptions: N,N-Dimethylaminoethanol and corresponding protonated salts N,N-Diethylaminoethanol and corresponding protonated salts.
(L)N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts.
(M)Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
(N)Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
(12)Schedule 3 chemical agent.—The term ‘Schedule 3 chemical agent’ means any of the following, together or separately:
(A)Phosgene: carbonyl dichloride.
(B)Cyanogen chloride.
(C)Hydrogen cyanide.
(D)Chloropicrin: trichloronitromethane.
(E)Phosphorous oxychloride.
(F)Phosphorous trichloride.
(G)Phosphorous pentachloride.
(H)Trimethyl phosphite.
(I)Triethyl phosphite.
(J)Dimethyl phosphite.
(K)Diethyl phosphite.
(L)Sulfur monochloride.
(M)Sulfur dichloride.
(N)Thionyl chloride.
(O)Ethyldiethanolamine.
(P)Methyldiethanolamine.
(Q)Triethanolamine.
(13)Toxic chemical.—
(A)In general.—The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.112 STAT. 2681–860
(B)List of toxic chemicals.—Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
(14)United states.—The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—
(A)any of the places within the provisions of paragraph
(41)of section 40102 of title 49, United States Code;
(B)any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs
(17)and (37), respectively, of section 40102 of title 49, United States Code; and
(C)any vessel of the United States, as such term is defined in section 3(b) of the Maritime Drug Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b)).
(15)Unscheduled discrete organic chemical—The term “unscheduled discrete organic chemical” means any chemical not listed on any schedule contained in the Annex on Chemicals of the Convention that belongs to the class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulfides, and metal carbonates. TITLE I—GENERAL PROVISIONS SEC. 101. DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.[22 USC 6711](/us/usc/t22/s6711).
(a)Designation.—Pursuant to paragraph 4 of Article VII of the Chemical Weapons Convention, the President shall designate the Department of State to be the United States National Authority.
(b)Purposes.—The United States National Authority shall—
(1)serve as the national focal point for effective liaison with the Organization for the Prohibition of Chemical Weapons and other States Parties to the Convention; and
(2)implement the provisions of this Act in coordination with an interagency group designated by the President consisting of the Secretary of Commerce, Secretary of Defense, Secretary of Energy, the Attorney General, and the heads of agencies considered necessary or advisable by the President.
(c)Director.—The Secretary of State shall serve as the Director of the United States National Authority.
(d)Powers.—The Director may utilize the administrative authorities otherwise available to the Secretary of State in carrying out the responsibilities of the Director set forth in this Act.
(e)Implementation.—The President is authorized to implement and carry out the provisions of this Act and the Convention and shall designate through Executive order which agencies of the United States shall issue, amend, or revise the regulations in order to implement this Act and the provisions of the Convention. The Director of the United States National Authority shall report to the Congress on the regulations that have been issued, implemented, or revised pursuant to this section.112 STAT. 2681–861 SEC. 102.[22 USC 6712](/us/usc/t22/s6712). NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS. No person may be required, as a condition for entering into a contract with the United States or as a condition for receiving any benefit from the United States, to waive any right under the Constitution for any purpose related to this Act or the Convention. SEC. 103.[22 USC 6713](/us/usc/t22/s6713). CIVIL LIABILITY OF THE UNITED STATES.
(a)Claims for Taking of Property.—
(1)Jurisdiction of courts of the united states.—
(A)United states court of federal claims.—The United States Court of Federal Claims shall, subject to subparagraph (B), have jurisdiction of any civil action or claim against the United States for any taking of property without just compensation that occurs by reason of the action of any officer or employee of the Organization for the Prohibition of Chemical Weapons, including any member of an inspection team of the Technical Secretariat, or by reason of the action of any officer or employee of the United States pursuant to this Act or the Convention. For purposes of this subsection, action taken pursuant to or under the color of this Act or the Convention shall be deemed to be action taken by the United States for a public purpose.
(B)District courts.—The district courts of the United States shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any civil action or claim described in subparagraph
(A)that does not exceed $10,000.
(2)Notification.—Any person intending to bring a civil action pursuant to paragraph
(1)shall notify the United States National Authority of that intent at least one year before filing the claim in the United States Court of Federal Claims. Action on any claim filed during that one-year period shall be stayed. The one-year period following the notification shall not be counted for purposes of any law limiting the period within which the civil action may be commenced.
(3)Initial steps by united states government to seek remedies.—During the period between a notification pursuant to paragraph
(2)and the filing of a claim covered by the notification in the United States Court of Federal Claims, the United States National Authority shall pursue all diplomatic and other remedies that the United States National Authority considers necessary and appropriate to seek redress for the claim including, but not limited to, the remedies provided for in the Convention and under this Act.
(4)Burden of proof.—In any civil action under paragraph (1), the plaintiff shall have the burden to establish a prima facie case that, due to acts or omissions of any official of the Organization or any member of an inspection team of the Technical Secretariat taken under the color of the Convention, proprietary information of the plaintiff has been divulged or taken without authorization. If the United States Court of Federal Claims finds that the plaintiff has demonstrated such a prima facie case, the burden shall shift to the United States to disprove the plaintiffs claim. In deciding whether 112 STAT. 2681–862the plaintiff has carried its burden, the United States Court of Federal Claims shall consider, among other things—
(A)the value of proprietary information;
(B)the availability of the proprietary information;
(C)the extent to which the proprietary information is based on patents, trade secrets, or other protected intellectual property;
(D)the significance of proprietary information; and
(E)the emergence of technology elsewhere a reasonable time after the inspection.
(b)Tort Liability.—The district courts of the United States shall have exclusive jurisdiction of civil actions for money damages for any tort under the Constitution or any Federal or State law arising from the acts or omissions of any officer or employee of the United States or the Organization, including any member of an inspection team of the Technical Secretariat, taken pursuant to or under color of the Convention or this Act.
(c)Waiver of Sovereign Immunity of the United States.—In any action under subsection
(a)or (b), the United States may not raise sovereign immunity as a defense.
(d)Authority for Cause of Action.—
(1)United states actions in united states district court.—Notwithstanding any other law, the Attorney General of the United States is authorized to bring an action in the United States District Court for the District of Columbia against any foreign nation for money damages resulting from that nation’s refusal to provide indemnification to the United States for any liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat who is a national of that foreign nation acting at the direction or the behest of that foreign nation.
(2)United states actions in courts outside the united states.—The Attorney General is authorized to seek any and all available redress in any international tribunal for indemnification to the United States for any liability imposed on the United States by virtue of the actions of an inspector of the Technical Secretariat, and to seek such redress in the courts of the foreign nation from which the inspector is a national.
(3)Actions brought by individuals and businesses.—Notwithstanding any other law, any national of the United States, or any business entity organized and operating under the laws of the United States, may bring a civil action in a United States District Court for money damages against any foreign national or any business entity organized and operating under the laws of a foreign nation for an unauthorized or unlawful acquisition, receipt, transmission, or use of property by or on behalf of such foreign national or business entity as a result of any tort under the Constitution or any Federal or State law arising from acts or omissions by any officer or employee of the United States or any member of an inspection team of the Technical Secretariat taken pursuant to or under the color of the Convention or this Act.
(e)Recoupment.—
(1)Policy.—It is the policy of the United States to recoup all funds withdrawn from the Treasury of the United States in payment for any tort under Federal or State law or taking 112 STAT. 2681–863under the Constitution arising from the acts or omissions of any foreign person, officer, or employee of the Organization, including any member of an inspection team of the Technical Secretariat, taken under color of the Chemical Weapons Convention or this Act.
(2)Sanctions on foreign companies.—
(A)Imposition of sanctions.—The sanctions provided in subparagraph
(B)shall be imposed for a period of not less than ten years upon—
(i)any foreign person, officer, or employee of the Organization, including any member of an inspection team of the Technical Secretariat, for whose actions or omissions the United States has been held liable for a tort or taking pursuant to this Act; and
(ii)any foreign person or business entity organized and operating under the laws of a foreign nation which knowingly assisted, encouraged or induced, in any way, a foreign person described in clause
(i)to publish, divulge, disclose, or make known in any manner or to any extent not authorized by the Convention any United States confidential business information.
(B)Sanctions.—
(i)Arms export transactions.—The United States Government shall not sell to a person described in subparagraph
(A)any item on the United States Munitions List and shall terminate sales of any defense articles, defense services, or design and construction services to a person described in subparagraph
(A)under the Arms Export Control Act.
(ii)Sanctions under export administration act of 1979.—The authorities under section 6 of the Export Administration Act of 1979 shall be used to prohibit the export of any goods or technology on the control list established pursuant to section 5(c)(1) of that Act to a person described in subparagraph (A).
(iii)International financial assistance.—The United States shall oppose any loan or financial or technical assistance by international financial institutions in accordance with section 701 of the International Financial Institutions Act to a person described in subparagraph (A).
(iv)Export-import bank transactions.—The United States shall not give approval to guarantee, insure, or extend credit, or to participate in the extension of credit to a person described in subparagraph
(A)through the Export-Import Bank of the United States.
(v)Private bank transactions.—Regulations shall be issued to prohibit any United States bank from making any loan or providing any credit to a person described in subparagraph (A).
(vi)Blocking of assets.—The President shall take all steps necessary to block any transactions in any property subject to the jurisdiction of the United States in which a person described in subparagraph
(A)has any interest whatsoever, for the purpose of 112 STAT. 2681–864recouping funds in accordance with the policy in paragraph (1).
(vii)Denial of landing rights.—Landing rights in the United States shall be denied to any private aircraft or air carrier owned by a person described in subparagraph
(A)except as necessary to provide for emergencies in which the safety of the aircraft or its crew or passengers is threatened.
(3)Sanctions on foreign governments.—
(A)Imposition of sanctions.—Whenever the President determines that persuasive information is available indicating that a foreign country has knowingly assisted, encouraged or induced, in any way, a person described in paragraph (2)(A) to publish, divulge, disclose, or make known in any manner or to any extent not authorized by the Convention any United States confidential business information, the President shall, within 30 days after the receipt of such information by the executive branch of Government, notify the Congress in writing of such determination and, subject to the requirements of paragraphs
(4)and (5), impose the sanctions provided under subparagraph
(B)for a period of not less than five years.
(B)Sanctions.—
(i)Arms export transactions.—The United States Government shall not sell a country described in subparagraph
(A)any item on the United States Munitions List, shall terminate sales of any defense articles, defense services, or design and construction services to that country under the Arms Export Control Act, and shall terminate all foreign military financing for that country under the Arms Export Control Act.
(ii)Denial of certain licenses.—Licenses shall not be issued for the export to the sanctioned country of any item on the United States Munitions List or commercial satellites.
(iii)Denial of assistance.—No appropriated funds may be used for the purpose of providing economic assistance, providing military assistance or grant military education and training, or extending military credits or making guarantees to a country described in subparagraph (A).
(iv)Sanctions under export administration act of 1979.—The authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit the export of any goods or technology on the control list established pursuant to section 5(c)(1) of that Act to a country described in subparagraph (A).
(v)International financial assistance.—The United States shall oppose any loan or financial or technical assistance by international financial institutions in accordance with section 701 of the International Financial Institutions Act to a country described in subparagraph (A).
(vi)Termination of assistance under foreign assistance act of 1961.—The United States shall terminate all assistance to a country described in 112 STAT. 2681–865subparagraph
(A)under the Foreign Assistance Act of 1961, except for urgent humanitarian assistance.
(vii)Private bank transactions.—The United States shall not give approval to guarantee, insure, or extend credit, or participate in the extension of credit through the Export-Import Bank of the United States to a country described in subparagraph (A).
(viii)Private bank transactions.—Regulations shall be issued to prohibit any United States bank from making any loan or providing any credit to a country described in subparagraph (A).
(ix)Denial of landing rights.—Landing rights in the United States shall be denied to any air carrier owned by a country described in subparagraph (A), except as necessary to provide for emergencies in which the safety of the aircraft or its crew or passengers is threatened.
(4)Suspension of sanctions upon recoupment by payment.—Sanctions imposed under paragraph
(2)or
(3)may be suspended if the sanctioned person, business entity, or country, within the period specified in that paragraph, provides full and complete compensation to the United States Government, in convertible foreign exchange or other mutually acceptable compensation equivalent to the full value thereof, in satisfaction of a tort or taking for which the United States has been held liable pursuant to this Act.
(5)Waiver of sanctions on foreign countries.—The President may waive some or all of the sanctions provided under paragraph
(3)in a particular case if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that such waiver is necessary to protect the national security interests of the United States. The certification shall set forth the reasons supporting the determination and shall take effect on the date on which the certification is received by the Congress.
(6)Notification to congress.—Not later than five days after sanctions become effective against a foreign person pursuant to this Act, the President shall transmit written notification of the imposition of sanctions against that foreign person to the chairmen and ranking members of the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
(f)Sanctions for Unauthorized Disclosure of United States Confidential Business Information.—The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States any alien who, after the date of enactment of this Act—
(1)is, or previously served as, an officer or employee of the Organization and who has willfully published, divulged, disclosed, or made known in any manner or to any extent not authorized by the Convention any United States confidential business information coming to him in the course of his employment or official duties, or by reason of any examination or investigation of any return, report, or record made to or filed with the Organization, or any officer or employee thereof, such practice or disclosure having resulted in financial loses 112 STAT. 2681–866or damages to a United States person and for which actions or omissions the United States has been found liable of a tort or taking pursuant to this Act;
(2)traffics in United States confidential business information, a proven claim to which is owned by a United States national;
(3)is a corporate officer, principal, shareholder with a controlling interest of an entity which has been involved in the unauthorized disclosure of United States confidential business information, a proven claim to which is owned by a United States national; or
(4)is a spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3).
(g)United States Confidential Business Information Defined.—In this section, the term “United States confidential business information” means any trade secrets or commercial or financial information that is privileged and confidential—
(1)including—
(A)data described in section 304(e)(2) of this Act,
(B)any chemical structure,
(C)any plant design process, technology, or operating method,
(D)any operating requirement, input, or result that identifies any type or quantity of chemicals used, processed, or produced, or
(E)any commercial sale, shipment, or use of a chemical, or
(2)as described in section 552(b)(4) of title 5, United States Code, and that is obtained—
(i)from a United States person; or
(ii)through the United States Government or the conduct of an inspection on United States territory under the Convention. TITLE II—PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION OF THE UNITED STATES Subtitle A—Criminal and Civil Penalties SEC. 201. CRIMINAL AND CIVIL PROVISIONS.
(a)In General.—Part I of title 18, United States Code, is amended by inserting after chapter 11A the following new chapter: " “CHAPTER 11B—CHEMICAL WEAPONS “Sec. “229. Prohibited activities. “229A. Penalties. “229B. Criminal forfeitures; destruction of weapons. “229C. Individual self-defense devices. “229D. Injunctions. “229E. Requests for military assistance to enforce prohibition in certain emergencies. “229F. Definitions. “§ 229. Prohibited activities “(a) Unlawful Conduct.—Except as provided in subsection (b), it shall be unlawful for any person knowingly—112 STAT. 2681–867 “(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or “(2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1). “(b) Exempted Agencies and Persons.— “(1) In general.—Subsection
(a)does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. “(2) Exempted persons.—A person referred to in paragraph
(1)is— “(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or “(B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon. “(c) Jurisdiction.—Conduct prohibited by subsection
(a)is within the jurisdiction of the United States if the prohibited conduct— “(1) takes place in the United States; “(2) takes place outside of the United States and is committed by a national of the United States; “(3) is committed against a national of the United States while the national is outside the United States; or “(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States. “§ 229A. Penalties “(a) Criminal Penalties.— “(1) In general.—Any person who violates section 229 of this title shall be fined under this title, or imprisoned for any term of years, or both. “(2) Death penalty.—Any person who violates section 229 of this title and by whose action the death of another person is the result shall be punished by death or imprisoned for life. “(b) Civil Penalties.— “(1) In general.—The Attorney General may bring a civil action in the appropriate United States district court against any person who violates section 229 of this title and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation. “(2) Relation to Other Proceeding.S—The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.112 STAT. 2681–868 “(c) Reimbursement of Costs.—The court shall order any person convicted of an offense under subsection
(a)to reimburse the United States for any expenses incurred by the United States incident to the seizure, storage, handling, transportation, and destruction or other disposition of any property that was seized in connection with an investigation of the commission of the offense by that person. A person ordered to reimburse the United States for expenses under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered under this subsection to reimburse the United States for the same expenses. “§ 229B. Criminal forfeitures; destruction of weapons “(a) Property Subject to Criminal Forfeiture.—Any person convicted under section 229A(a) shall forfeit to the United States irrespective of any provision of State law— “(1) any property, real or personal, owned, possessed, or used by a person involved in the offense; “(2) any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and “(3) any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to section 229A(a), that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by section 229A(a), a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. “(b) Procedures.— “(1) General.—Property subject to forfeiture under this section, any seizure and disposition thereof, and any administrative or judicial proceeding in relation thereto, shall be governed by subsections
(b)through
(p)of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except that any reference under those subsections to— “(A) ‘this subchapter or subchapter II’ shall be deemed to be a reference to section 229A(a); and “(B) ‘subsection (a)’ shall be deemed to be a reference to subsection
(a)of this section. “(2) Temporary restraining orders.— “(A) In general.—For the purposes of forfeiture proceedings under this section, a temporary restraining order may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if, in addition to the circumstances described in section 413(e)(2) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and exigent circumstances exist that place the fife or health of any person in danger.112 STAT. 2681–869 “(B) Warrant of seizure.—If the court enters a temporary restraining order under this paragraph, it shall also issue a warrant authorizing the seizure of such property. “(C) Applicable procedures.—The procedures and time limits applicable to temporary restraining orders under section 413(e)
(2)and
(3)of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(e)
(2)and (3)) shall apply to temporary restraining orders under this paragraph. “(c) Affirmative Defense.—It is an affirmative defense against a forfeiture under subsection
(b)that the property— “(1) is for a purpose not prohibited under the Chemical Weapons Convention; and “(2) is of a type and quantity that under the circumstances is consistent with that purpose. “(d) Destruction or Other Disposition.—The Attorney General shall provide for the destruction or other appropriate disposition of any chemical weapon seized and forfeited pursuant to this section. “(e) Assistance.—The Attorney General may request the head of any agency of the United States to assist in the handling, storage, transportation, or destruction of property seized under this section. “(f) Owner Liability.—The owner or possessor of any property seized under this section shall be liable to the United States for any expenses incurred incident to the seizure, including any expenses relating to the handling, storage, transportation, and destruction or other disposition of the seized property. “§ 229C. Individual self-defense devices “Nothing in this chapter shall be construed to prohibit any individual self-defense device, including those using a pepper spray or chemical mace. “§ 229D. Injunctions “The United States may obtain in a civil action an injunction against— “(1) the conduct prohibited under section 229 or 229C of this title; or “(2) the preparation or solicitation to engage in conduct prohibited under section 229 or 229D of this title. “§ 229E. Requests for military assistance to enforce prohibition in certain emergencies “The Attorney General may request the Secretary of Defense to provide assistance under section 382 of title 10 in support of Department of Justice activities relating to the enforcement of section 229 of this title in an emergency situation involving a chemical weapon. The authority to make such a request may be exercised by another official of the Department of Justice in accordance with section 382(f)(2) of title 10. “§ 229F. Definitions “In this chapter: “(1) Chemical weapon.—The term ‘chemical weapon’ means the following, together or separately:112 STAT. 2681–870 “(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose. “(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device. “(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B). “(2) Chemical weapons convention; convention.—The terms ‘Chemical Weapons Convention’ and ‘Convention’ mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993. “(3) Key component of a binary or multicomponent chemical system.—The term ‘key component of a binary or multicomponent chemical system’ means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system. “(4) National of the united states.—The term ‘national of the United States’ has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). “(5) Person.—The term ‘person’, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States. “(6) Precursor.— “(A) In general.—The term ‘precursor’ means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multi-component chemical system. “(B) List of precursors.—Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. “(7) Purposes not prohibited by this chapter.—The term ‘purposes not prohibited by this chapter’ means the following: “(A) Peaceful purposes.—Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity. “(B) Protective purposes—Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons. “(C) Unrelated military purposes.—Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent 112 STAT. 2681–871on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm. “(D) Law enforcement purposes.—Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment. “(8) Toxic chemical.— “(A) In general.—The term ‘toxic chemical’ means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere. “(B) List of toxic chemicals.—Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention. “(9) United states.—The term ‘United States’ means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including— “(A) any of the places within the provisions of paragraph
(41)of section 40102 of title 49, United States Code; “(B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs
(17)and (37), respectively, of section 40102 of title 49, United States Code; and “(C) any vessel of the United States, as such term is defined in section 3(b) of the Maritime Drug Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b)).”. "
(b)Conforming Amendments.—
(1)Weapons of mass destruction.—Section 2332a of title 18, United States Code, is amended—
(A)by striking “**§ 2332a. Use of weapons of mass destruction**” and inserting “**§ 2332a. Use of certain weapons of mass destruction**”;
(B)in subsection (a), by inserting “(other than a chemical weapon as that term is defined in section 229F)” after “weapon of mass destruction”; and
(C)in subsection (b), by inserting “(other than a chemical weapon (as that term is defined in section 229F))” after “weapon of mass destruction”.
(2)Table of chapters.—The table of chapters for part I of title 18, United States Code, is amended by inserting after the item for chapter 11A the following new item: " “11B. Chemical Weapons 229”. "
(c)Repeals.—The following provisions of law are repealed:
(1)Section 2332c of title 18, United States Code, relating to chemical weapons.
(2)In the table of sections for chapter 113B of title 18, United States Code, the item relating to section 2332c.112 STAT. 2681–872 Subtitle B—Revocations of Export Privileges SEC. 211. REVOCATIONS OF EXPORT PRIVILEGES.[18 USC 229 note](/us/usc/t18/s229). If the President determines, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, that any person within the United States, or any national of the United States located outside the United States, has committed any violation of section 229 of title 18, United States Code, the President may issue an order for the suspension or revocation of the authority of the person to export from the United States any goods or technology (as such terms are defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415)). TITLE III—INSPECTIONS SEC. 301. DEFINITIONS IN THE TITLE.[22 USC 6721](/us/usc/t22/s6721).
(a)In General.—In this title, the terms “challenge inspection”, “plant site”, “plant”, “facility agreement”, “inspection team”, and “requesting state party” have the meanings given those terms in Part I of the Annex on Implementation and Verification of the Chemical Weapons Convention. The term “routine inspection” means an inspection, other than an “initial inspection”, undertaken pursuant to Article VI of the Convention.
(b)Definition of Judge of the United States.—In this title, the term “judge of the United States” means a judge or magistrate judge of a district court of the United States. SEC. 302. FACILITY AGREEMENTS.[22 USC 6722](/us/usc/t22/s6722).
(a)Authorization of Inspections.—Inspections by the Technical Secretariat of plants, plant sites, or other facilities or locations for which the United States has a facility agreement with the Organization shall be conducted in accordance with the facility agreement. Any such facility agreement may not in any way limit the right of the owner or operator of the facility to withhold consent to an inspection request.
(b)Types of Facility Agreements.—
(1)Schedule two facilities.—The United States National Authority shall ensure that facility agreements for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 4 of Article VI of the Convention are concluded unless the owner, operator, occupant, or agent in charge of the facility and the Technical Secretariat agree that such an agreement is not necessary.
(2)Schedule three facilities.—The United States National Authority shall ensure that facility agreements are concluded for plants, plant sites, or other facilities or locations that are subject to inspection pursuant to paragraph 5 or 6 of Article VI of the Convention if so requested by the owner, operator, occupant, or agent in charge of the facility.
(c)Notification Requirements.—The United States National Authority shall ensure that the owner, operator, occupant, or agent in charge of a facility prior to the development of the agreement relating to that facility is notified and, if the person notified so requests, the person may participate in the preparations for the negotiation of such an agreement. To the maximum extent practicable consistent with the Convention, the owner and the operator, 112 STAT. 2681–873occupant or agent in charge of a facility may observe negotiations of the agreement between the United States and the Organization concerning that facility.
(d)Content of Facility Agreements.—Facility agreements shall—
(1)identify the areas, equipment, computers, records, data, and samples subject to inspection;
(2)describe the procedures for providing notice of an inspection to the owner, occupant, operator, or agent in charge of a facility;
(3)describe the timeframes for inspections; and
(4)detail the areas, equipment, computers, records, data, and samples that are not subject to inspection. SEC. 303.[22 USC 6723](/us/usc/t22/s6723). AUTHORITY TO CONDUCT INSPECTIONS.
(a)Prohibition.—No inspection of a plant, plant site, or other facility or location in the United States shall take place under the Convention without the authorization of the United States National Authority in accordance with the requirements of this title.
(b)Authority.—
(1)Technical secretariat inspection teams.—Any duly designated member of an inspection team of the Technical Secretariat may inspect any plant, plant site, or other facility or location in the United States subject to inspection pursuant to the Convention.
(2)United states government representatives.—The United States National Authority shall coordinate the designation of employees of the Federal Government to accompany members of an inspection team of the Technical Secretariat and, in doing so, shall ensure that—
(A)a special agent of the Federal Bureau of Investigation, as designated by the Federal Bureau of Investigation, accompanies each inspection team visit pursuant to paragraph (1);
(B)no employee of the Environmental Protection Agency or the Occupational Safety and Health Administration accompanies any inspection team visit conducted pursuant to paragraph (1); and
(C)the number of duly designated representatives shall be kept to the minimum necessary.
(3)Objections to individuals serving as inspectors.—
(A)In general.—In deciding whether to exercise the right of the United States under the Convention to object to an individual serving as an inspector, the President shall give great weight to his reasonable belief that—
(i)such individual is or has been a member of, or a participant in, any group or organization that has engaged in, or attempted or conspired to engage in, or aided or abetted in the commission of, any terrorist act or activity;
(ii)such individual has committed any act or activity which would be a felony under the laws of the United States; or
(iii)the participation of such individual as a member of an inspection team would pose a risk to the 112 STAT. 2681–874national security or economic well-being of the United States.
(B)Not subject to judicial review.—Any objection by the President to an individual serving as an inspector, whether made pursuant to this section or otherwise, shall not be reviewable in any court. SEC. 304. PROCEDURES FOR INSPECTIONS.[22 USC 6724](/us/usc/t22/s6724).
(a)Types of Inspections.—Each inspection of a plant, plant site, or other facility or location in the United States under the Convention shall be conducted in accordance with this section and section 305, except where other procedures are provided in a facility agreement entered into under section 302.
(b)Notice.—
(1)In general.—An inspection referred to in subsection
(a)may be made only upon issuance of an actual written notice by the United States National Authority to the owner and to the operator, occupant, or agent in charge of the premises to be inspected.
(2)Time of notification.—The notice for a routine inspection shall be submitted to the owner and to the operator, occupant, or agent in charge within six hours of receiving the notification of the inspection from the Technical Secretariat or as soon as possible thereafter. Notice for a challenge inspection shall be provided at any appropriate time determined by the United States National Authority Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is unable to provide actual written notice to the owner, operator, or agent in charge of the premises.
(3)Content of notice.—
(A)In general.—The notice under paragraph
(1)shall include all appropriate information supplied by the Technical Secretariat to the United States National Authority concerning—
(i)the type of inspection;
(ii)the basis for the selection of the plant, plant site, or other facility or location for the type of inspection sought;
(iii)the time and date that the inspection will begin and the period covered by the inspection; and
(iv)the names and titles of the inspectors.
(B)Special rule for challenge inspections.—In the case of a challenge inspection pursuant to Article IX of the Convention, the notice shall also include all appropriate evidence or reasons provided by the requesting state party to the Convention for seeking the inspection.
(4)Separate notices required.—A separate notice shall be provided for each inspection, except that a notice shall not be required for each entry made during the period covered by the inspection.
(c)Credentials.—The head of the inspection team of the Technical Secretariat and the accompanying employees of the Federal government shall display appropriate identifying credentials to the owner, operator, occupant, or agent in charge of the premises before the inspection is commenced.
(d)Timeframe for Inspections.—Consistent with the provisions of the Convention, each inspection shall be commenced and 112 STAT. 2681–875completed with reasonable promptness and shall be conducted at reasonable times, within reasonable limits, and in a reasonable manner.
(e)Scope.—
(1)In general.—Except as provided in a warrant issued under section 305 or a facility agreement entered into under section 302, an inspection conducted under this title may extend to all things within the premises inspected (including records, files, papers, processes, controls, structures and vehicles) related to whether the requirements of the Convention applicable to such premises have been complied with.
(2)Exception.—Unless required by the Convention, no inspection under this title shall extend to—
(A)financial data;
(B)sales and marketing data (other than shipment data);
(C)pricing data;
(D)personnel data;
(E)research data;
(F)patent data;
(G)data maintained for compliance with environmental or occupational health and safety regulations; or
(H)personnel and vehicles entering and personnel and personal passenger vehicles exiting the facility.
(f)Sampling and Safety.—
(1)In general.—The Director of the United States National Authority is authorized to require the provision of samples to a member of the inspection team of the Technical Secretariat in accordance with the provisions of the Convention. The owner or the operator, occupant or agent in charge of the premises to be inspected shall determine whether the sample shall be taken by representatives of the premises or the inspection team or other individuals present. No sample collected in the United States pursuant to an inspection permitted by this Act may be transferred for analysis to any laboratory outside the territory of the United States.
(2)Compliance with regulations.—In carrying out their activities, members of the inspection team of the Technical Secretariat and representatives of agencies or departments accompanying the inspection team shall observe safety regulations established at the premises to be inspected, including those for protection of controlled environments within a facility and for personal safety.
(g)Coordination.—The appropriate representatives of the United States, as designated, if present, shall assist the owner and the operator, occupant or agent in charge of the premises to be inspected in interacting with the members of the inspection team of the Technical Secretariat. SEC. 305.[22 USC 6725](/us/usc/t22/s6725). WARRANTS.
(a)In General.—The United States Government shall seek the consent of the owner or the operator, occupant, or agent in charge of the premises to be inspected prior to any inspection referred to in section 304(a). If consent is obtained, a warrant is not required for the inspection. The owner or the operator, occupant, or agent in charge of the premises to be inspected may withhold consent for any reason or no reason. After providing 112 STAT. 2681–876notification pursuant to subsection (b), the United States Government may seek a search warrant from a United States magistrate judge. Proceedings regarding the issuance of a search warrant shall be conducted ex parte, unless otherwise requested by the United States Government.
(b)Routine Inspections.—
(1)Obtaining administrative search warrants.—For any routine inspection conducted on the territory of the United States pursuant to Article VI of the Convention, where consent has been withheld, the United States Government shall first obtain an administrative search warrant from a judge of the United States. The United States Government shall provide to the judge of the United States all appropriate information supplied by the Technical Secretariat to the United States National Authority regarding the basis for the selection of the plant site, plant, or other facility or location for the type of inspection sought. The United States Government shall also provide any other appropriate information available to it relating to the reasonableness of the selection of the plant, plant site, or other facility or location for the inspection.
(2)Content of affidavits for administrative search warrants.—The judge of the United States shall promptly issue a warrant authorizing the requested inspection upon an affidavit submitted by the United States Government snowing that—
(A)the Chemical Weapons Convention is in force for the United States;
(B)the plant site, plant, or other facility or location sought to be inspected is required to report data under title IV of this Act and is subject to routine inspection under the Convention;
(C)the purpose of the inspection is—
(i)in the case of any facility owned or operated by a non-Government entity related to Schedule 1 chemical agents, to verify that the facility is not used to produce any Schedule 1 chemical agent except for declared chemicals; quantities of Schedule 1 chemicals produced, processed, or consumed are correctly declared and consistent with needs for the declared purpose; and Schedule 1 chemicals are not diverted or used for other purposes;
(ii)in the case of any facility related to Schedule 2 chemical agents, to verify that activities are in accordance with obligations under the Convention and consistent with the information provided in data declarations; and
(iii)in the case of any facility related to Schedule 3 chemical agents and any other chemical production facility, to verify that the activities of the facility are consistent with the information provided in data declarations;
(D)the items, documents, and areas to be searched and seized;
(E)in the case of a facility related to Schedule 2 or Schedule 3 chemical agents or unscheduled discrete organic chemicals, the plant site has not been subject to more than 1 routine inspection in the current calendar 112 STAT. 2681–877year, and, in the case of facilities related to Schedule 3 chemical agents or unscheduled discrete organic chemicals, the inspection will not cause the number of routine inspections in the United States to exceed 20 in a calendar year;
(F)the selection of the site was made in accordance with procedures established under the Convention and, in particular—
(i)in the case of any facility owned or operated by a non-Government entity related to Schedule 1 chemical agents, the intensity, duration, timing, and mode of the requested inspection is based on the risk to the object and purpose of the Convention by the quantities of chemical produced, the characteristics of the facility and the nature of activities carried out at the facility, and the requested inspection, when considered with previous such inspections of the facility undertaken in the current calendar year, shall not exceed the number reasonably required based on the risk to the object and purpose of the Convention as described above;
(ii)in the case of any facility related to Schedule 2 chemical agents, the Technical Secretariat gave due consideration to the risk to the object and purpose of the Convention posed by the relevant chemical, the characteristics of the plant site and the nature of activities carried out there, taking into account the respective facility agreement as well as the results of the initial inspections and subsequent inspections; and
(iii)in the case of any facility related to Schedule 3 chemical agents or unscheduled discrete organic chemicals, the facility was selected randomly by the Technical Secretariat using appropriate mechanisms, such as specifically designed computer software, on the basis of two weighting factors:
(I)equitable geographical distribution of inspections; and
(II)the information on the declared sites available to the Technical Secretariat, related to the relevant chemical, the characteristics of the plant site, and the nature of activities carried out there;
(G)the earliest commencement and latest closing dates and times of the inspection; and
(H)the duration of inspection will not exceed time limits specified in the Convention unless agreed by the owner, operator, or agent in charge of the plant.
(3)Content of warrants.—A warrant issued under paragraph
(2)shall specify the same matters required of an affidavit under that paragraph. In addition to the requirements for a warrant issued under this paragraph, each warrant shall contain, if known, the identities of the representatives of the Technical Secretariat conducting the inspection and the observers of the inspection and, if applicable, the identities of the representatives of agencies or departments of the United States accompanying those representatives.
(4)Challenge inspections.—
(A)Criminal search warrant.—For any challenge inspection conducted on the territory of the United States 112 STAT. 2681–878pursuant to Article IX of the Chemical Weapons Convention, where consent has been withheld, the United States Government shall first obtain from a judge of the United States a criminal search warrant based upon probable cause, supported by oath or affirmation, and describing with particularity the place to be searched and the person or things to be seized.
(B)Information provided.—The United States Government shall provide to the judge of the United States—
(i)all appropriate information supplied by the Technical Secretariat to the United States National Authority regarding the basis for the selection of the plant site, plant, or other facility or location for the type of inspection sought;
(ii)any other appropriate information relating to the reasonableness of the selection of the plant, plant site, or other facility or location for the inspection;
(iii)information concerning—
(I)the duration and scope of the inspection;
(II)areas to be inspected;
(III)records and data to be reviewed; and
(IV)samples to be taken;
(iv)appropriate evidence or reasons provided by the requesting state party for the inspection;
(v)any other evidence showing probable cause to believe that a violation of this Act has occurred or is occurring; and
(vi)the identities of the representatives of the Technical Secretariat on the inspection team and the Federal Government employees accompanying the inspection team.
(C)Content of warrant.—The warrant shall specify—
(i)the type of inspection authorized;
(ii)the purpose of the inspection;
(iii)the type of plant site, plant, or other facility or location to be inspected;
(iv)the areas of the plant site, plant, or other facility or location to be inspected;
(v)the items, documents, data, equipment, and computers that may be inspected or seized;
(vi)samples that may be taken;
(vii)the earliest commencement and latest concluding dates and times of the inspection; and
(viii)the identities of the representatives of the Technical Secretariat on the inspection teams and the Federal Government employees accompanying the inspection team. SEC. 306. PROHIBITED ACTS RELATING TO INSPECTIONS.[22 USC 6726](/us/usc/t22/s6726). It shall be unlawful for any person willfully to fail or refuse to permit entry or inspection, or to disrupt, delay, or otherwise impede an inspection, authorized by this Act. SEC. 307. NATIONAL SECURITY EXCEPTION.[22 USC 6727](/us/usc/t22/s6727). Consistent with the objective of eliminating chemical weapons, the President may deny a request to inspect any facility in the 112 STAT. 2681–879United States in cases where the President determines that the inspection may pose a threat to the national security interests of the United States. SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.
(a)The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following: " “SEC. 39.[41 USC 436](/us/usc/t41/s436). PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS. “(a) Prohibition.—A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive any right under the Constitution for any purpose related to Chemical Weapons Convention Implementation Act of 1997 or the Chemical Weapons Convention (as defined in section 3 of such Act). “(b) Construction.—Nothing in subsection
(a)shall be construed to prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections for the purpose of ensuring that the contractor is performing the contract in accordance with the provisions of the contract.”. "
(b)The table of contents in section 1(b) of such Act is amended by adding at the end the following: " “Sec. 39. Protection of constitutional rights of contractors.”. " SEC. 309.[22 USC 6728](/us/usc/t22/s6728). ANNUAL REPORT ON INSPECTIONS.
(a)In General.—Not later than one year after the date of enactment of this Act, and annually thereafter, the President shall submit a report in classified and unclassified form to the appropriate congressional committees on inspections made under the Convention during the preceding year.
(b)Content of Reports.—Each report shall contain the following information for the reporting period:
(1)The name of each company or entity subject to the jurisdiction of the United States reporting data pursuant to title IV of this Act.
(2)The number of inspections under the Convention conducted on the territory of the United States.
(3)The number and identity of inspectors conducting any inspection described in paragraph
(2)and the number of inspectors barred from inspection by the United States.
(4)The cost to the United States for each inspection described in paragraph (2).
(5)The total costs borne by United States business firms in the course of inspections described in paragraph (2).
(6)A description of the circumstances surrounding inspections described in paragraph (2), including instances of possible industrial espionage and misconduct of inspectors.
(7)The identity of parties claiming loss of trade secrets, the circumstances surrounding those losses, and the efforts taken by the United States Government to redress those losses.
(8)A description of instances where inspections under the Convention outside the United States have been disrupted or delayed.
(c)Definition.—The term “appropriate congressional committees” means the Committee on the Judiciary, the Committee on Foreign Relations, and the Select Committee on Intelligence of 112 STAT. 2681–880the Senate and the Committee on the Judiciary, the Committee on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 310. UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE FACILITIES.[22 USC 6729](/us/usc/t22/s6729).
(a)Assistance in Preparation for Inspections.—At the request of an owner of a facility not owned or operated by the United States Government, or contracted for use by or for the United States Government, the Secretary of Defense may assist the facility to prepare the facility for possible inspections pursuant to the Convention.
(b)Reimbursement Requirement.—
(1)In general.—Except as provided in paragraph (2), the owner of a facility provided assistance under subsection
(a)shall reimburse the Secretary for the costs incurred by the Secretary in providing the assistance.
(2)Exception.—In the case of assistance provided under subsection
(a)to a facility owned by a person described in subsection (c), the United States National Authority shall reimburse the Secretary for the costs incurred by the Secretary in providing the assistance.
(c)Owners Covered by United States National Authority Reimbursements.—Subsection (b)(2) applies in the case of assistance provided to the following:
(1)Small business concerns.—A small business concern as defined in section 3 of the Small Business Act.
(2)Domestic producers of schedule 3 or unscheduled discrete organic chemicals.—Any person located in the United States that—
(A)does not possess, produce, process, consume, import, or export any Schedule 1 or Schedule 2 chemical; and
(B)in the calendar year preceding the year in which the assistance is to be provided, produced—
(i)more than 30 metric tons of Schedule 3 or unscheduled discrete organic chemicals that contain phosphorous, sulfur, or fluorine; or
(ii)more than 200 metric tons of unscheduled discrete organic chemicals. TITLE IV—REPORTS SEC. 401. REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.[22 USC 6741](/us/usc/t22/s6741).
(a)Regulations on Recordkeeping.—
(1)Requirements.—The United States National Authority shall ensure that regulations are prescribed that require each person located in the United States who produces, processes, consumes, exports, or imports, or proposes to produce, process, consume, export, or import, a chemical substance that is subject to the Convention to—
(A)maintain and permit access to records related to that production, processing, consumption, export, or import of such substance; and112 STAT. 2681–881
(B)submit to the Director of the United States National Authority such reports as the United States National Authority may reasonably require to provide to the Organization, pursuant to subparagraph 1(a) of the Annex on Confidentiality of the Convention, the minimum amount of information and data necessary for the timely and efficient conduct by the Organization of its responsibilities under the Convention.
(2)Rulemaking.—The Director of the United States National Authority shall ensure that regulations pursuant to this section are prescribed expeditiously.
(b)Coordination.—
(1)Avoidance of duplication.—To the extent feasible, the United States Government shall not require the submission of any report that is unnecessary or duplicative of any report required by or under any other law. The head of each Federal agency shall coordinate the actions of that agency with the heads of the other Federal agencies in order to avoid the imposition of duplicative reporting requirements under this Act or any other law.
(2)Definition.—As used in paragraph (1), the term “Federal agency” has the meaning given the term “agency” in section 551(1) of title 5, United States Code. SEC. 402.[22 USC 6742](/us/usc/t22/s6742). PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2 AND 3 CHEMICALS.
(a)Prohibition.—Notwithstanding any other provision of this Act, no person located in the United States shall be required to report on, or to submit to, any routine inspection conducted for the purpose of verifying the production, possession, consumption, exportation, importation, or proposed production, possession, consumption, exportation, or importation of any substance that contains less than—
(1)10 percent concentration of a Schedule 2 chemical; or
(2)80 percent concentration of a Schedule 3 chemical.
(b)Standard for Measurement of Concentration.—The percent concentration of a chemical in a substance shall be measured on the basis of volume or total weight, which measurement yields the lesser percent. SEC. 403.[22 USC 6743](/us/usc/t22/s6743). PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE STREAMS.
(a)Prohibition.—Notwithstanding any other provision of this Act, no person located in the United States shall be required to report on, or to submit to, any routine inspection conducted for the purpose of verifying the production, possession, consumption, exportation, importation, or proposed production, possession, consumption, exportation, or importation of any substance that is—
(1)an unscheduled discrete organic chemical; and
(2)a coincidental byproduct of a manufacturing or production process that is not isolated or captured for use or sale during the process and is routed to, or escapes, from the waste stream of a stack, incinerator, or wastewater treatment system or any other waste stream.112 STAT. 2681–882 SEC. 404. CONFIDENTIALITY OF INFORMATION.[22 USC 6744](/us/usc/t22/s6744).
(a)Freedom of Information Act Exemption for Certain Convention Information.—Except as provided in subsection
(b)or (c), any confidential business information, as defined in section 103(g), reported to, or otherwise acquired by, the United States Government under this Act or under the Convention shall not be disclosed under section 552(a) of title 5, United States Code.
(b)Exceptions.—
(1)Information for the technical secretariat.—Information shall be disclosed or otherwise provided to the Technical Secretariat or other states parties to the Chemical Weapons Convention in accordance with the Convention, in particular, the provisions of the Annex on the Protection of Confidential Information.
(2)Information for congress.—Information shall be made available to any committee or subcommittee of Congress with appropriate jurisdiction upon the written request of the chairman or ranking minority member of such committee or subcommittee, except that no such committee or subcommittee, and no member and no staff member of such committee or subcommittee, shall disclose such information or material except as otherwise required or authorized by law.
(3)Information for enforcement actions.—Information shall be disclosed to other Federal agencies for enforcement of this Act or any other law, and shall be disclosed or otherwise provided when relevant in any proceeding under this Act or any other law, except that disclosure or provision in such a proceeding shall be made in such manner as to preserve confidentiality to the extent practicable without impairing the proceeding.
(c)Information Disclosed in the National Interest.—
(1)Authority.—The United States Government shall disclose any information reported to, or otherwise required by the United States Government under this Act or the Convention, including categories of such information, that it determines is in the national interest to disclose and may specify the form in which such information is to be disclosed.
(2)Notice of disclosure.—
(A)Requirement.—If any Department or agency of the United States Government proposes pursuant to paragraph
(1)to publish or disclose or otherwise provide information exempt from disclosure under subsection (a), the United States National Authority shall, unless contrary to national security or law enforcement needs, provide notice of intent to disclose the information—
(i)to the person that submitted such information; and
(ii)in the case of information about a person received from another source, to the person to whom that information pertains. The information may not be disclosed until the expiration of 30 days after notice under this paragraph has been provided.
(B)Proceedings on objections.—In the event that the person to which the information pertains objects to the disclosure, the agency shall promptly review the grounds for each objection of the person and shall afford 112 STAT. 2681–883the objecting person a hearing for the purpose of presenting the objections to the disclosure. Not later than 10 days before the scheduled or rescheduled date for the disclosure, the United States National Authority shall notify such person regarding whether such disclosure will occur notwithstanding the objections.
(d)Criminal Penalty for Wrongful Disclosure.—Any officer or employee of the United States, and any former officer or employee of the United States, who by reason of such employment or official position has obtained possession of, or has access to, information the disclosure or other provision of which is prohibited by subsection (a), and who, knowing that disclosure or provision of such information is prohibited by such subsection, willfully discloses or otherwise provides the information in any manner to any person (including any person located outside the territory of the United States) not authorized to receive it, shall be fined under title 18, United States Code, or imprisoned for not more than five years, or both.
(e)Criminal Forfeiture.—The property of any person who violates subsection
(d)shall be subject to forfeiture to the United States in the same manner and to the same extent as is provided in section 229C of title 18, United States Code, as added by this Act.
(f)International Inspectors.—The provisions of this section shall also apply to employees of the Technical Secretariat. SEC. 405.[22 USC 6745](/us/usc/t22/s6745). RECORDKEEPING VIOLATIONS. It shall be unlawful for any person willfully to fail or refuse—
(1)to establish or maintain any record required by this Act or any regulation prescribed under this Act;
(2)to submit any report, notice, or other information to the United States Government in accordance with this Act or any regulation prescribed under this Act; or
(3)to permit access to or copying of any record that is exempt from disclosure under this Act or any regulation prescribed under this Act. TITLE V—ENFORCEMENT SEC. 501.[22 USC 6761](/us/usc/t22/s6761). PENALTIES.
(a)Civil.—
(1)Penalty amounts.—
(A)Prohibited acts relating to inspections.—Any person that is determined, in accordance with paragraph (2), to have violated section 306 of this Act shall be required by order to pay a civil penalty in an amount not to exceed $25,000 for each such violation. For purposes of this paragraph, each day such a violation of section 306 continues shall constitute a separate violation of that section.
(B)Recordkeeping violations.—Any person that is determined, in accordance with paragraph (2), to have violated section 405 of this Act shall be required by order to pay a civil penalty in an amount not to exceed $5,000 for each such violation.
(2)Hearing.—112 STAT. 2681–884
(A)In general.—Before imposing an order described in paragraph
(1)against a person under this subsection for a violation of section 306 or 405, the Secretary of State shall provide the person or entity with notice and, upon request made within 15 days of the date of the notice, a hearing respecting the violation.
(B)Conduct of hearing.—Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code. If no hearing is so requested, the Secretary of State’s imposition of the order shall constitute a final and unappealable order.
(C)Issuance of orders.—If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated section 306 or 405, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (1).
(D)Factors for determination of penalty amounts.—In determining the amount of any civil penalty, the administrative law judge shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, the existence of an internal compliance program, and such other matters as justice may require.
(3)Administrative appellate review.—The decision and order of an administrative law judge shall become the final agency decision and order of the head of the United States National Authority unless, within 30 days, the head of the United States National Authority modifies or vacates the decision and order, with or without conditions, in which case the decision and order of the head of the United States National Authority shall become a final order under this subsection.
(4)Offsets.—The amount of the civil penalty under a final order of the United States National Authority may be deducted from any sums owed by the United States to the person.
(5)Judicial review.—A person adversely affected by a final order respecting an assessment may, within 30 days after the date the final order is issued, file a petition in the Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business.
(6)Enforcement of orders.—If a person fails to comply with a final order issued under this subsection against the person or entity—
(A)after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (5), or
(B)after a court in an action brought under paragraph
(5)has entered a final judgment in favor of the United States National Authority, 112 STAT. 2681–885the Secretary of State shall file a suit to seek compliance with the order in any appropriate district court of the United States, plus interest at currently prevailing rates calculated from the date of expiration of the 30-day period referred to in paragraph
(5)or the date of such final judgment, as the case may be. In any such suit, the validity and appropriateness of the final order shall not be subject to review.
(b)Criminal.—Any person who knowingly violates any provision of section 306 or 405 of this Act, shall, in addition to or in lieu of any civil penalty which may be imposed under subsection
(a)for such violation, be fined under title 18, United States Code, imprisoned for not more than one year, or both. SEC. 502.[22 USC 6762](/us/usc/t22/s6762). SPECIFIC ENFORCEMENT.
(a)Jurisdiction.—The district courts of the United States shall have jurisdiction over civil actions to—
(1)restrain any violation of section 306 or 405 of this Act; and
(2)compel the taking of any action required by or under this Act or the Convention.
(b)Civil Actions.—
(1)In general.—A civil action described in subsection
(a)may be brought—
(A)in the case of a civil action described in subsection (a)(1), in the United States district court for the judicial district in which any act, omission, or transaction constituting a violation of section 306 or 405 occurred or in which the defendant is found or transacts business; or
(B)in the case of a civil action described in subsection (a)(2), in the United States district court for the judicial district in which the defendant is found or transacts business.
(2)Service of process.—In any such civil action process may be served on a defendant wherever the defendant may reside or may be found, whether the defendant resides or may be found within the United States or elsewhere. SEC. 503.[22 USC 6763](/us/usc/t22/s6763). EXPEDITED JUDICIAL REVIEW.
(a)Civil action.—Any person or entity subject to a search under this Act may file a civil action challenging the constitutionality of any provision of this Act. Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following, the enactment of this Act, the district court shall accord such a case a priority in its disposition ahead of all other civil actions except for actions challenging the legality and conditions of confinement.
(b)En Banc Review.—Notwithstanding any other provision of law, during the full calendar year of, and the two full calendar years following, the enactment of this Act, any appeal from a final order entered by a district court in an action brought under subsection
(a)shall be heard promptly by the full Court of Appeals sitting en banc.112 STAT. 2681–886 TITLE VI—MISCELLANEOUS PROVISIONS SEC. 601. REPEAL. Section 808 of the Department of Defense Appropriation Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of human subjects for the testing of chemical or biological agents) is repealed. SEC. 602. PROHIBITION.[22 USC 6771](/us/usc/t22/s6771).
(a)In General.—Neither the Secretary of Defense nor any other officer or employee of the United States may, directly or by contract—
(1)conduct any test or experiment involving the use of any chemical or biological agent on a civilian population; or
(2)use human subjects for the testing of chemical or biological agents.
(b)Construction.—Nothing in subsection
(a)may be construed to prohibit actions carried out for purposes not prohibited by this Act (as defined in section 3(8)).
(c)Biological Agent Defined.—In this section, the term “biological agent” means any micro-organism (including bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, or any naturally occurring, bio-engineered or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, capable of causing—
(1)death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(2)deterioration of food, water, equipment, supplies, or materials of any kind; or
(3)deleterious alteration of the environment. SEC. 603. BANKRUPTCY ACTIONS. Section 362(b) of title 11, United States Code, is amended—
(1)by striking paragraphs
(4)and (5); and
(2)by inserting after paragraph
(3)the following: " “(4) under paragraph (1), (2), (3), or
(6)of subsection
(a)of this section, of the commencement or continuation of an action or proceeding by a governmental unit or any organization exercising authority under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993, to enforce such governmental unit’s or organization’s police and regulatory power, including the enforcement of a judgment other than a money judgment, obtained in an action or proceeding by the governmental unit to enforce such governmental unit’s or organization’s police or regulatory power;”. " DIVISION J—REVENUES AND MEDICARETax and Trade Relief Extension Act of 1998.[26 USC 1 note](/us/usc/t26/s1). SEC. 1000. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a)Short Title.—This division may be cited as the “Tax and Trade Relief Extension Act of 1998”.112 STAT. 2681–887
(b)Amendment of 1986 Code.—Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
(c)Table of Contents.— DIVISION J—REVENUES AND MEDICARE Sec. 1000. Short title; amendment of 1986 Code; table of contents. TITLE 1—EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS Subtitle A—Tax Provisions Sec. 1001. Research credit. Sec. 1002. Work opportunity credit. Sec. 1003. Welfare-to-work credit. Sec. 1004. Contributions of stock to private foundations; expanded public inspection of private foundations’ annual returns. Sec. 1005. Subpart F exemption for active financing income. Sec. 1006. Disclosure of return information on income contingent student loans. Subtitle B—Trade Provisions Sec. 1011. Extension of duty-free treatment under Generalized System of Preferences. Sec. 1012. Trade adjustment assistance. TITLE II—OTHER TAX PROVISIONS Subtitle A—Provisions Relating to Individuals Sec. 2001. Nonrefundable personal credits fully allowed against regular tax liability during 1998. Sec. 2002. 100 percent deduction for health insurance costs of self-employed individuals. Sec. 2003. Modification of estimated tax safe harbors. Subtitle B—Provisions Relating to Farmers Sec. 2011. Income averaging for farmers made permanent. Sec. 2012. Production flexibility contract payments. Sec. 2013. 5-year net operating loss carryback for farming losses. Subtitle C—Miscellaneous Provisions Sec. 2021. Increase in volume cap on private activity bonds. Sec. 2022. Depreciation study. Sec. 2023. Exemption for students employed by State schools, colleges, or universities. TITLE III—REVENUE OFFSETS Sec. 3001. Treatment of certain deductible liquidating distributions of regulated investment companies and real estate investment trusts. Sec. 3002. Inclusion of rotavirus gastroenteritis as a taxable vaccine. Sec. 3003. Clarification and expansion of mathematical error assessment procedures. Sec. 3004. Clarification of definition of specified liability loss. TITLE IV—TECHNICAL CORRECTIONS Sec. 4001. Definitions; coordination with other subtitles. Sec. 4002. Amendments related to Internal Revenue Service Restructuring and Reform Act of 1998. Sec. 4003. Amendments related to Taxpayer Relief Act of 1997. Sec. 4004. Amendments related to Tax Reform Act of 1984. Sec. 4005. Amendments related to Uruguay Round Agreements Act. Sec. 4006. Other amendments. TITLE V—MEDICARE-RELATED PROVISIONS Subtitle A—Home Health Sec. 5101. Increase in per beneficiary limits and per visit payment limits for payment for home health services.112 STAT. 2681–888 Subtitle B—Other Medicare-Related Provisions Sec. 5201. Authorization of additional exceptions to imposition of penalties for providing inducements to beneficiaries. Sec. 5202. Expansion of membership of MedPAC to 17. Subtitle C—Revenue Offsets Sec. 5301. Tax treatment of cash option for qualified prizes. TITLE I—EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS Subtitle A—Tax Provisions SEC. 1001. RESEARCH CREDIT.
(a)Temporary Extension.—Paragraph
(1)of section 41(h) (relating to termination) is amended—
(1)by striking “June 30, 1998” and inserting “June 30, 1999”;
(2)by striking “24-month” and inserting “36-month”; and
(3)by striking “24 months” and inserting “36 months”.
(b)Technical Amendment.—Subparagraph
(D)of section 45C(b)(1) is amended by striking “June 30, 1998” and inserting “June 30, 1999”.
(c)Effective Date.—The amendments made by this section[26 USC 41 note](/us/usc/t26/s41). shall apply to amounts paid or incurred after June 30, 1998. SEC. 1002. WORK OPPORTUNITY CREDIT.
(a)Temporary Extension.—Subparagraph
(B)of section 51(c)(4) (relating to termination) is amended by striking “June 30, 1998” and inserting “June 30, 1999”.
(b)Effective Date.—The amendment made by this section[26 USC 51 note](/us/usc/t26/s51). shall apply to individuals who begin work for the employer after June 30,1998. SEC. 1003. WELFARE-TO-WORK CREDIT. Subsection
(f)of section 51A (relating to termination) is amended by striking “April 30, 1999” and inserting “June 30, 1999”. SEC. 1004. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; EXPANDED PUBLIC INSPECTION OF PRIVATE FOUNDATIONS’ ANNUAL RETURNS.
(a)Special Rule for Contributions of Stock Made Permanent.—
(1)In general.—Paragraph
(5)of section 170(e) is amended by striking subparagraph
(D)(relating to termination).
(2)Effective date.—The amendment made by paragraph[26 USC 170 note](/us/usc/t26/s170).
(1)shall apply to contributions made after June 30, 1998.
(b)Expanded Public Inspection of Private Foundations’ Annual Returns, Etc.—
(1)In general.—Section 6104 (relating to publicity of information required from certain exempt organizations and certain trusts) is amended by striking subsections
(d)and
(e)and inserting after subsection
(c)the following new subsection: " “(d) Public Inspection of Certain Annual Returns and Applications for Exemption.— “(1) In general.—In the case of an organization described in subsection
(c)or
(d)of section 501 and exempt from taxation under section 501(a)— “(A) a copy of—112 STAT. 2681–889 “(i) the annual return filed under section 6033 (relating to returns by exempt organizations) by such organization, and “(ii) if the organization filed an application for recognition of exemption under section 501, the exempt status application materials of such organization, shall be made available by such organization for inspection during regular business hours by any individual at the principal office of such organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office, and “(B) upon request of an individual made at such principal office or such a regional or district office, a copy of such annual return and exempt status application materials shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs. The request described in subparagraph
(B)must be made in person or in writing. If such request is made in person, such copy shall be provided immediately and, if made in writing, shall be provided within 30 days. “(2) 3-year limitation on inspection of returns.—Paragraph
(1)shall apply to an annual return filed under section 6033 only during the 3-year period beginning on the last day prescribed for filing such return (determined with regard to any extension of time for filing). “(3) Exceptions from disclosure requirement.— “(A) Nondisclosure of contributors, etc.—In the case of an organization which is not a private foundation (within the meaning of section 509(a)), paragraph
(1)shall not require the disclosure of the name or address of any contributor to the organization. In the case of an organization described in section 501(d), paragraph
(1)shall not require the disclosure of the copies referred to in section 6031(b) with respect to such organization. “(B) Nondisclosure of certain other information.—Paragraph
(1)shall not require the disclosure of any information if the Secretary withheld such information from public inspection under subsection (a)(1)(D). “(4) Limitation on providing copies.—Paragraph (1)(B) shall not apply to any request if, in accordance with regulations promulgated by the Secretary, the organization has made the requested documents widely available, or the Secretary determines, upon application by an organization, that such request is part of a harassment campaign and that compliance with such request is not in the public interest. “(5) Exempt Status Application Materials.—For purposes of paragraph (1), the term ‘exempt status application materials’ means the application for recognition of exemption under section 501 and any papers submitted in support of such application and any letter or other document issued by the Internal Revenue Service with respect to such application.”. "
(2)Conforming amendments.—
(A)Subsection
(c)of section 6033 is amended by adding “and” at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph
(3)as paragraph (2).112 STAT. 2681–890
(B)Subparagraph
(C)of section 6652(c)(1) is amended by striking “subsection
(d)or (e)(1) of section 6104 (relating to public inspection of annual returns)” and inserting “section 6104(d) with respect to any annual return”.
(C)Subparagraph
(D)of section 6652(c)(1) is amended by striking “section 6104(e)(2) (relating to public inspection of applications for exemption)” and inserting “section 6104(d) with respect to any exempt status application materials (as defined in such section)”.
(D)Section 6685 is amended by striking “or (e)”.
(E)Section 7207 is amended by striking “or (e)”.
(3)Effective date.—[26 USC 6104 note](/us/usc/t26/s6104).
(A)In general.—Except as provided in subparagraph (B), the amendments made by this subsection shall apply to requests made after the later of December 31, 1998, or the 60th day after the Secretary of the Treasury first issues the regulations referred to in section 6104(d)(4) of the Internal Revenue Code of 1986, as amended by this section.
(B)Publication of annual returns.—Section 6104(d) of such Code, as in effect before the amendments made by this subsection, shall not apply to any return the due date for which is after the date such amendments take effect under subparagraph (A). SEC. 1005. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.
(a)Income Derived From Banking, Financing, or Similar Businesses.—Section 954(h) (relating to income derived in the active conduct of banking, financing, or similar businesses) is amended to read as follows: " “(h) Special Rule for Income Derived in the Active Conduct of Banking, Financing, or Similar Businesses.— “(1) In general.—For purposes of subsection (c)(1), foreign personal holding company income shall not include qualified banking or financing income of an eligible controlled foreign corporation. “(2) Eligible controlled foreign corporation.—For purposes of this subsection— “(A) In general.—The term ‘eligible controlled foreign corporation’ means a controlled foreign corporation which— “(i) is predominantly engaged in the active conduct of a banking, financing, or similar business, and “(ii) conducts substantial activity with respect to such business. “(B) Predominantly engaged.—A controlled foreign corporation shall be treated as predominantly engaged in the active conduct of a banking, financing, or similar business if— “(i) more than 70 percent of the gross income of the controlled foreign corporation is derived directly from the active and regular conduct of a lending or finance business from transactions with customers which are not related persons, “(ii) it is engaged in the active conduct of a banking business and is an institution licensed to do business as a bank in the United States (or is any other 112 STAT. 2681–891corporation not so licensed which is specified by the Secretary in regulations), or “(iii) it is engaged in the active conduct of a securities business and is registered as a securities broker or dealer under section 15(a) of the Securities Exchange Act of 1934 or is registered as a Government securities broker or dealer under section 15C(a) of such Act (or is any other corporation not so registered which is specified by the Secretary in regulations). “(3) Qualified banking or financing income.—For purposes of this subsection— “(A) In general.—The term ‘qualified banking or financing income’ means income of an eligible controlled foreign corporation which— “(i) is derived in the active conduct of a banking, financing, or similar business by— “(I) such eligible controlled foreign corporation, or “(II) a qualified business unit of such eligible controlled foreign corporation, “(ii) is derived from one or more transactions— “(I) with customers located in a country other than the United States, and “(II) substantially all of the activities in connection with which are conducted directly by the corporation or unit in its home country, and “(iii) is treated as earned by such corporation or unit in its home country for purposes of such country’s tax laws. “(B) Limitation on nonbanking and nonsecurities businesses.—No income of an eligible controlled foreign corporation not described in clause
(ii)or
(iii)of paragraph (2)(B) (or of a qualified business unit of such corporation) shall be treated as qualified banking or financing income unless more than 30 percent of such corporation’s or unit’s gross income is derived directly from the active and regular conduct of a lending or finance business from transactions with customers which are not related persons and which are located within such corporation’s or unit’s home country. “(C) Substantial activity requirement for cross border income.—The term ‘qualified banking or financing income’ shall not include income derived from 1 or more transactions with customers located in a country other than the home country of the eligible controlled foreign corporation or a qualified business unit of such corporation unless such corporation or unit conducts substantial activity with respect to a banking, financing, or similar business in its home country. “(D) Determinations made separately.—For purposes of this paragraph, the qualified banking or financing income of an eligible controlled foreign corporation and each qualified business unit of such corporation shall be determined separately for such corporation and each such unit by taking into account— “(i) in the case of the eligible controlled foreign corporation, only items of income, deduction, gain, or 112 STAT. 2681–892loss and activities of such corporation not properly allocable or attributable to any qualified business unit of such corporation, and “(ii) in the case of a qualified business unit, only items of income, deduction, gain, or loss and activities properly allocable or attributable to such unit. “(4) Lending or finance business.—For purposes of this subsection, the term lending or finance business’ means the business of— “(A) making loans, “(B) purchasing or discounting accounts receivable, notes, or installment obligations, “(C) engaging in leasing (including entering into leases and purchasing, servicing, and disposing of leases and leased assets), “(D) issuing letters of credit or providing guarantees, “(E) providing charge and credit card services, or “(F) rendering services or making facilities available in connection with activities described in subparagraphs
(A)through
(E)carried on by— “(i) the corporation (or qualified business unit) rendering services or making facilities available, or “(ii) another corporation (or qualified business unit of a corporation) which is a member of the same affiliated group (as defined in section 1504, but determined without regard to section 1504(b)(3)). “(5) Other definitions.—For purposes of this subsection— “(A) Customer.—The term ‘customer’ means, with respect to any controlled foreign corporation or qualified business unit, any person which has a customer relationship with such corporation or unit and which is acting in its capacity as such. “(B) Home country.—Except as provided in regulations— “(i) Controlled foreign corporation.—The term “home country” means, with respect to any controlled foreign corporation, the country under the laws of which the corporation was created or organized. “(ii) Qualified business unit.—The term ‘home country’ means, with respect to any qualified business unit, the country in which such unit maintains its principal office. “(C) Located.—The determination of where a customer is located shall be made under rules prescribed by the Secretary. “(D) Qualified business unit.—The term ‘qualified business unit’ has the meaning given such term by section 989(a). “(E) Related person.—The term ‘related person’ has the meaning given such term by subsection (d)(3). “(6) Coordination with exception for dealers.—Paragraph
(1)shall not apply to income described in subsection (c)(2)(C)(ii) of a dealer in securities (within the meaning of section 475) which is an eligible controlled foreign corporation described in paragraph (2)(B)(iii). “(7) Anti-abuse rules.—For purposes of applying this subsection and subsection (c)(2)(C)(ii)—112 STAT. 2681–893 “(A) there shall be disregarded any item of income, gain, loss, or deduction with respect to any transaction or series of transactions one of the principal purposes of which is qualifying income or gain for the exclusion under this section, including any transaction or series of transactions a principal purpose of which is the acceleration or deferral of any item in order to claim the benefits of such exclusion through the application of this subsection, “(B) there shall be disregarded any item of income, gain, loss, or deduction of an entity which is not engaged in regular and continuous transactions with customers which are not related persons, “(C) there shall be disregarded any item of income, gain, loss, or deduction with respect to any transaction or series of transactions utilizing, or doing business with— “(i) one or more entities in order to satisfy any home country requirement under this subsection, or “(ii) a special purpose entity or arrangement, including a securitization, financing, or similar entity or arrangement, if one of the principal purposes of such transaction or series of transactions is qualifying income or gain for the exclusion under this subsection, and “(D) a related person, an officer, a director, or an employee with respect to any controlled foreign corporation (or qualified business unit) which would otherwise be treated as a customer of such corporation or unit with respect to any transaction shall not be so treated if a principal purpose of such transaction is to satisfy any requirement of this subsection. “(8) Regulations.—The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, subsection (c)(1)(B)(i), subsection (c)(2)(C)(ii), and the last sentence of subsection (e)(2). “(9) Application.—This subsection, subsection (c)(2)(C)(ii), and the last sentence of subsection (e)(2) shall apply only to the first taxable year of a foreign corporation beginning after December 31, 1998, and before January 1, 2000, and to taxable years of United States shareholders with or within which such taxable year of such foreign corporation ends.”. "
(b)Income Derived From Insurance Business.—
(1)Income attributable to issuance or reinsurance.—
(A)In general.—Section 953(a) (defining insurance income) is amended to read as follows: " “(a) Insurance Income.— “(1) In general.—For purposes of section 952(a)(1), the term ‘insurance income’ means any income which— “(A) is attributable to the issuing (or reinsuring) of an insurance or annuity contract, and “(B) would (subject to the modifications provided by subsection (b)) be taxed under subchapter L of this chapter if such income were the income of a domestic insurance company. “(2) Exception.—Such term shall not include any exempt insurance income (as defined in subsection (e)).”.112 STAT. 2681–894 "
(B)Exempt insurance income.—Section 953 (relating to insurance income) is amended by adding at the end the following new subsection: " “(e) Exempt insurance income.—For purposes of this section— “(1) Exempt insurance income defined.— “(A) In general.—The term ‘exempt insurance income’ means income derived by a qualifying insurance company which— “(i) is attributable to the issuing (or reinsuring) of an exempt contract by such company or a qualifying insurance company branch of such company, and “(ii) is treated as earned by such company or branch in its home country for purposes of such country’s tax laws. “(B) Exception for certain arrangements.—Such term shall not include income attributable to the issuing (or reinsuring) of an exempt contract as the result of any arrangement whereby another corporation receives a substantially equal amount of premiums or other consideration in respect of issuing (or reinsuring) a contract which is not an exempt contract. “(C) Determinations made separately.—For purposes of this subsection and section 954(i), the exempt insurance income and exempt contracts of a qualifying insurance company or any qualifying insurance company branch of such company shall be determined separately for such company and each such branch by taking into account— “(i) in the case of the qualifying insurance company, only items of income, deduction, gain, or loss, and activities of such company not properly allocable or attributable to any qualifying insurance company branch of such company, and “(ii) in the case of a qualifying insurance company branch, only items of income, deduction, gain, or loss and activities properly allocable or attributable to such branch. “(2) Exempt contract.— “(A) In general.—The term ‘exempt contract’ means an insurance or annuity contract issued or reinsured by a qualifying insurance company or qualifying insurance company branch in connection with property in, liability arising out of activity in, or the lives or health of residents of, a country other than the United States. “(B) Minimum home country income required.— “(i) In general.—No contract of a qualifying insurance company or of a qualifying insurance company branch shall be treated as an exempt contract unless such company or branch derives more than 30 percent of its net written premiums from exempt contracts (determined without regard to this subparagraph)— “(I) which cover applicable home country risks, and “(II) with respect to which no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(d)(3)).112 STAT. 2681–895 “(ii) Applicable home country risks.—The term ‘applicable home country risks’ means risks in connection with property in, liability arising out of activity in, or the lives or health of residents of, the home country of the qualifying insurance company or qualifying insurance company branch, as the case may be, issuing or reinsuring the contract covering the risks. “(C) Substantial activity requirements for cross border risks.—A contract issued by a qualifying insurance company or qualifying insurance company branch which covers risks other than applicable home country risks (as defined in subparagraph (B)(ii)) shall not be treated as an exempt contract unless such company or branch, as the case may be— “(i) conducts substantial activity with respect to an insurance business in its home country, and “(ii) performs in its home country substantially all of the activities necessary to give rise to the income generated by such contract. “(3) Qualifying insurance company.—The term ‘qualifying insurance company’ means any controlled foreign corporation which— “(A) is subject to regulation as an insurance (or reinsurance) company by its home country, and is licensed, authorized, or regulated by the applicable insurance regulatory body for its home country to sell insurance, reinsurance, or annuity contracts to persons other than related persons (within the meaning of section 954(d)(3)) in such home country, “(B) derives more than 50 percent of its aggregate net written premiums from the issuance or reinsurance by such controlled foreign corporation and each of its qualifying insurance company branches of contracts— “(i) covering applicable home country risks (as defined in paragraph (2)) of such corporation or branch, as the case may be, and “(ii) with respect to which no policyholder, insured, annuitant, or beneficiary is a related person (as defined in section 954(d)(3)), except that in the case of a branch, such premiums shall only be taken into account to the extent such premiums are treated as earned by such branch in its home country for purposes of such country’s tax laws, and “(C) is engaged in the insurance business and would be subject to tax under subchapter L if it were a domestic corporation. “(4) Qualifying insurance company branch.—The term ‘qualifying insurance company branch’ means a qualified business unit (within the meaning of section 989(a)) of a controlled foreign corporation if— “(A) such unit is licensed, authorized, or regulated by the applicable insurance regulatory body for its home country to sell insurance, reinsurance, or annuity contracts to persons other than related persons (within the meaning of section 954(d)(3)) in such home country, and112 STAT. 2681–896 “(B) such controlled foreign corporation is a qualifying insurance company, determined under paragraph
(3)as if such unit were a qualifying insurance company branch. “(5) Life insurance or annuity contract.—For purposes of this section and section 954, the determination of whether a contract issued by a controlled foreign corporation or a qualified business unit (within the meaning of section 989(a)) is a life insurance contract or an annuity contract shall be made without regard to sections 72(s), 101(f), 817(h), and 7702 if— “(A) such contract is regulated as a life insurance or annuity contract by the corporation’s or unit’s home country, and “(B) no policyholder, insured, annuitant, or beneficiary with respect to the contract is a United States person. “(6) Home country.—For purposes of this subsection, except as provided in regulations— “(A) Controlled foreign corporation.—The term ‘home country" means, with respect to a controlled foreign corporation, the country in which such corporation is created or organized. “(B) Qualified business unit.—The term ‘home country’ means, with respect to a qualified business unit (as defined in section 989(a)), the country in which the principal office of such unit is located and in which such unit is licensed, authorized, or regulated by the applicable insurance regulatory body to sell insurance, reinsurance, or annuity contracts to persons other than related persons (as defined in section 954(d)(3)) in such country. “(7) Anti-abuse rules.—For purposes of applying this subsection and section 954(i)— “(A) the rules of section 954(h)(7) (other than subparagraph
(B)thereof) shall apply, “(B) there shall be disregarded any item of income, gain, loss, or deduction of, or derived from, an entity which is not engaged in regular and continuous transactions with persons which are not related persons, “(C) there shall be disregarded any change in the method of computing reserves a principal purpose of which is the acceleration or deferral of any item in order to claim the benefits of this subsection or section 954(i), “(D) a contract of insurance or reinsurance shall not be treated as an exempt contract (and premiums from such contract shall not be taken into account for purposes of paragraph (2)(B) or (3)) if— “(i) any policyholder, insured, annuitant, or beneficiary is a resident of the United States and such contract was marketed to such resident and was written to cover a risk outside the United States, or “(ii) the contract covers risks located within and without the United States and the qualifying insurance company or qualifying insurance company branch does not maintain such contemporaneous records, and file such reports, with respect to such contract as the Secretary may require, “(E) the Secretary may prescribe rules for the allocationRegulations. of contracts (and income from contracts) among 2 or more qualifying insurance company branches of a qualifying 112 STAT. 2681–897insurance company in order to clearly reflect the income of such branches, and “(F) premiums from a contract shall not be taken into account for purposes of paragraph (2)(B) or
(3)if such contract reinsures a contract issued or reinsured by a related person (as defined in section 954(d)(3)). For purposes of subparagraph (D), the determination of where risks are located shall be made under the principles of section 953. “(8) Coordination with subsection (c).—In determining insurance income for purposes of subsection (c), exempt insurance income shall not include income derived from exempt contracts which cover risks other than applicable home country risks. “(9) Regulations.—The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection and section 954(i). “(10) Application.—This subsection and section 954(i) shall apply only to the first taxable year of a foreign corporation beginning after December 31, 1998, and before January 1, 2000, and to taxable years of United States shareholders with or within which such taxable year of such foreign corporation ends. “(11) Cross reference.— **“For income exempt from foreign personal holding company income, see section 954(i).”.** "
(2)Exemption from foreign personal holding company income.—Section 954 (defining foreign base company income) is amended by adding at the end the following new subsection: " “(i) Special Rule for Income Derived in the Active Conduct of Insurance Business.— “(1) In general.—For purposes of subsection (c)(1), foreign personal holding company income shall not include qualified insurance income of a qualifying insurance company. “(2) Qualified insurance income.—The term ‘qualified insurance income’ means income of a qualifying insurance company which is— “(A) received from a person other than a related person (within the meaning of subsection (d)(3)) and derived from the investments made by a qualifying insurance company or a qualifying insurance company branch of its reserves allocable to exempt contracts or of 80 percent of its unearned premiums from exempt contracts (as both are determined in the manner prescribed under paragraph (4)), or “(B) received from a person other than a related person (within the meaning of subsection (d)(3)) and derived from investments made by a qualifying insurance company or a qualifying insurance company branch of an amount of its assets allocable to exempt contracts equal to— “(i) in the case of property, casualty, or health insurance contracts, one-third of its premiums earned on such insurance contracts during the taxable year (as defined in section 832(b)(4)), and “(ii) in the case of life insurance or annuity contracts, 10 percent of the reserves described in subparagraph
(A)for such contracts.112 STAT. 2681–898 “(3) Principles for determining insurance income.—Except as provided by the Secretary, for purposes of subparagraphs
(A)and
(B)of paragraph (2)— “(A) in the case of any contract which is a separate account-type contract (including any variable contract not meeting the requirements of section 817), income credited under such contract shall be allocable only to such contract, and “(B) income not allocable under subparagraph
(A)shall be allocated ratably among contracts not described in subparagraph (A). “(4) Methods for determining unearned premiums and reserves.—For purposes of paragraph (2)(A)— “(A) Property and casualty contracts.—The unearned premiums and reserves of a qualifying insurance company or a qualifying insurance company branch with respect to property, casualty, or health insurance contracts shall be determined using the same methods and interest rates which would be used if such company or branch were subject to tax under subchapter L, except that— “(i) the interest rate determined for the functional currency of the company or branch, and which, except as provided by the Secretary, is calculated in the same manner as the Federal mid-term rate under section 1274(d), shall be substituted for the applicable Federal interest rate, and “(ii) such company or branch shall use the appropriate foreign loss payment pattern. “(B) Life insurance and annuity contracts.—The amount of the reserve of a qualifying insurance company or qualifying insurance company branch for any life insurance or annuity contract shall be equal to the greater of— “(i) the net surrender value of such contract (as defined in section 807(e)(1)(A)), or “(ii) the reserve determined under paragraph (5). “(C) Limitation on reserves.—In no event shall the reserve determined under this paragraph for any contract as of any time exceed the amount which would be taken into account with respect to such contract as of such time in determining foreign statement reserves (less any catastrophe, deficiency, equalization, or similar reserves). “(5) Amount of reserve.—The amount of the reserve determined under this paragraph with respect to any contract shall be determined in the same manner as it would be determined if the qualifying insurance company or qualifying insurance company branch were subject to tax under subchapter L, except that in applying such subchapter— “(A) the interest rate determined for the functional currency of the company or branch, and which, except as provided by the Secretary, is calculated in the same manner as the Federal mid-term rate under section 1274(d), shall be substituted for the applicable Federal interest rate, “(B) the highest assumed interest rate permitted to be used in determining foreign statement reserves shall 112 STAT. 2681–899be substituted for the prevailing State assumed interest rate, and “(C) tables for mortality and morbidity which reasonably reflect the current mortality and morbidity risks in the company’s or branch’s home country shall be substituted for the mortality and morbidity tables otherwise used for such subchapter. The Secretary may provide that the interest rate and mortality and morbidity tables of a qualifying insurance company may be used for 1 or more of its qualifying insurance company branches when appropriate. “(6) Definitions.—For purposes of this subsection, any term used in this subsection which is also used in section 953(e) shall have the meaning given such term by section 953.”. "
(3)Reserves.—Section 953(b) is amended by redesignating paragraph
(3)as paragraph
(4)and by inserting after paragraph
(2)the following new paragraph: " “(3) Reserves for any insurance or annuity contract shall be determined in the same manner as under section 954(i).”. "
(c)Special Rules for Dealers.—Section 954(c)(2)(C) is amended to read as follows: " “(C) Exception for dealers.—Except as provided by regulations, in the case of a regular dealer in property which is property described in paragraph (1)(B), forward contracts, option contracts, or similar financial instruments (including notional principal contracts and all instruments referenced to commodities), there shall not be taken into account in computing foreign personal holding company income— “(i) any item of income, gain, deduction, or loss (other than any item described in subparagraph (A), (E), or
(G)of paragraph (1)) from any transaction (including hedging transactions) entered into in the ordinary course of such dealer’s trade or business as such a dealer, and “(ii) if such dealer is a dealer in securities (within the meaning of section 475), any interest or dividend or equivalent amount described in subparagraph
(E)or
(G)of paragraph
(1)from any transaction (including any hedging transaction or transaction described in section 956(c)(2)(J)) entered into in the ordinary course of such dealer’s trade or business as such a dealer in securities, but only if the income from the transaction is attributable to activities of the dealer in the country under the laws of which the dealer is created or organized (or in the case of a qualified business unit described in section 989(a), is attributable to activities of the unit in the country in which the unit both maintains its principal office and conducts substantial business activity).”. "
(d)Exemption From Foreign Base Company Services Income.—Paragraph
(2)of section 954(e) is amended by inserting “or” at the end of subparagraph (A), by striking “, or” at the end of subparagraph
(B)and inserting a period, by striking subparagraph (C), and by adding at the end the following new flush sentence: 112 STAT. 2681–900 " “Paragraph
(1)shall also not apply to income which is exempt insurance income (as defined in section 953(e)) or which is not treated as foreign personal holding income by reason of subsection (c)(2)(C)(ii), (h), or (i).”. "
(e)Exemption for Gain.—Section 954(c)(1)(B)(i) (relating to net gains from certain property transactions) is amended by inserting “other than property which gives rise to income not treated as foreign personal holding company income by reason of subsection
(h)or
(i)for the taxable year” before the comma at the end. SEC. 1006. DISCLOSURE OF RETURN INFORMATION ON INCOME CONTINGENT STUDENT LOANS. Subparagraph
(D)of section 6103(1)(13) (relating to disclosure of return information to carry out income contingent repayment of student loans) is amended by striking “September 30, 1998” and inserting “September 30, 2003”. Subtitle B—Trade Provisions SEC. 1011. EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED SYSTEM OF PREFERENCES.
(a)In General.—Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking “June 30, 1998” and inserting “June 30, 1999”.
(b)Effective Date.—[19 USC 2465 note](/us/usc/t19/s2465).
(1)In general.—The amendments made by this section apply to articles entered on or after the date of the enactment of this Act.
(2)Retroactive application for certain liquidations and reliquidations.—
(A)General rule.—Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to paragraph (3), any entry—
(i)of an article to which duty-free treatment under title V of the Trade Act of 1974 would have applied if such entry had been made on July 1, 1998, and such title had been in effect on July 1, 1998, and
(ii)that was made—
(I)after June 30,1998, and
(II)before the date of enactment of this Act, shall be liquidated or reliquidated as free of duty, and the Secretary of the Treasury shall refund any duty paid with respect to such entry.
(B)Entry.—As used in this paragraph, the term “entry” includes a withdrawal from warehouse for consumption.
(3)Requests.—Liquidation or reliquidation may be made under paragraph
(2)with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of enactment of this Act, that contains sufficient information to enable the Customs Service—
(A)to locate the entry; or
(B)to reconstruct the entry if it cannot be located. SEC. 1012. TRADE ADJUSTMENT ASSISTANCE.
(a)Assistance for Workers.—Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended—112 STAT. 2681–901
(1)in subsection (a), by striking “for each of” and all that follows through “1998,” and inserting “for the period beginning October 1,1998, and ending June 30, 1999,”; and
(2)in subsection (b), by striking “for each of” and all that follows through “1998,” and inserting “for the period beginning October 1, 1998, and ending June 30, 1999,”.
(b)NAFTA Transitional Program.—Section 250(d)(2) of the Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking “for any fiscal year shall not exceed $30,000,000” and inserting “for the period beginning October 1, 1998, and ending June 30, 1999, shall not exceed $15,000,000”.
(c)Adjustment Assistance for Firms.—Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking “for fiscal years” and all that follows through “1998” and inserting “for the period beginning October 1, 1998, and ending June 30, 1999”.
(d)Termination.—Section 285(c) of the Trade Act of 1974 (19 U.S.C. 2271 note preceding) is amended—
(1)in paragraph (1), by striking “September 30, 1998” and inserting “June 30, 1999”; and
(2)in paragraph (2)(A), by striking “the day that is” and all that follows through “effective” and inserting “June 30, 1999”. TITLE II—OTHER TAX PROVISIONS Subtitle A—Provisions Relating to Individuals SEC. 2001. NONREFUNDABLE PERSONAL CREDITS FULLY ALLOWED AGAINST REGULAR TAX LIABILITY DURING 1998.
(a)In General.—Subsection
(a)of section 26 is amended by adding at the end the following flush sentence: " “For purposes of paragraph (2), the taxpayer’s tentative minimum tax for any taxable year beginning during 1998 shall be treated as being zero.” "
(b)Conforming Amendment.—Section 24(d)(2) is amended by striking “The credit” and inserting “For taxable years beginning after December 31, 1998, the credit”. (c)[26 USC 24 note](/us/usc/t26/s24). Effective Date.—The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 2002. 100 PERCENT DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a)In General.—The table contained in subparagraph
(B)of section 162(1)(1) (relating to special rules for health insurance costs of self-employed individuals) is amended to read as follows: **“For taxable years beginning in calendar year—** **The applicable percentage is—** 1999 through 2001 60 2002 70 2003 and thereafter 100.” (b)Applicability.[26 USC 162 note](/us/usc/t26/s162). Effective Date.—The amendment made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 2003. MODIFICATION OF ESTIMATED TAX SAFE HARBORS.
(a)In General.—The table contained in clause
(i)of section 6654(d)(1)(C) (relating to limitation on use of preceding year’s tax) 112 STAT. 2681–902is amended by striking the item relating to 1998, 1999, or 2000 and inserting the following new items: “1998 105 1999 or 2002 106”
(b)Effective Date.—The amendment made by this sectionEffective date.[26 USC 6654 note](/us/usc/t26/s6654). shall apply with respect to any installment payment for taxable years beginning after December 31,1999. Subtitle B—Provisions Relating to Farmers SEC. 2011. INCOME AVERAGING FOR FARMERS MADE PERMANENT. Subsection
(c)of section 933 of the Taxpayer Relief Act of 1997 is amended by striking “, and before January 1, 2001”.[26 USC 1301 note](/us/usc/t26/s1301). SEC. 2012. PRODUCTION FLEXIBILITY CONTRACT PAYMENTS.
(a)In General.—The options under paragraphs
(2)and (3)[7 USC 7212 note](/us/usc/t7/s7212). of section 112(d) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7212(d)
(2)and (3)), as in effect on the date of the enactment of this Act, shall be disregarded in determining the taxable year for which any payment under a production flexibility contract under subtitle B of title I of such Act (as so in effect) is properly includible in gross income for purposes of the Internal Revenue Code of 1986.
(b)Effective Date.—Subsection
(a)shall apply to taxableApplicability. years ending after December 31, 1995. SEC. 2013. 5-YEAR NET OPERATING LOSS CARRYBACK FOR FARMING LOSSES.
(a)In General.—Paragraph
(1)of section 172(b) (relating to net operating loss deduction) is amended by adding at the end the following new subparagraph: " “(G) Farming losses.—In the case of a taxpayer which has a farming loss (as defined in subsection (i)) for a taxable year, such farming loss shall be a net operating loss carryback to each of the 5 taxable years preceding the taxable year of such loss.”. "
(b)Farming Loss.—Section 172 is amended by redesignating subsection
(i)as subsection
(j)and by inserting after subsection
(h)the following new subsection: " “(i) Rules Relating to Farming Losses.—For purposes of this section— “(1) In general.—The term ‘farming loss’ means the lesser of— “(A) the amount which would be the net operating loss for the taxable year if only income and deductions attributable to farming businesses (as defined in section 263A(e)(4)) are taken into account, or “(B) the amount of the net operating loss for such taxable year. “(2) Coordination with subsection (b)(2).—For purposes of applying subsection (b)(2), a farming loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated. “(3) Election.—Any taxpayer entitled to a 5-year carryback under subsection (b)(1)(G) from any loss year may elect to have the carryback period with respect to such loss year determined without regard to subsection (b)(1)(G). Such election shall be made in such manner as may be prescribed 112 STAT. 2681–903by the Secretary and shall be made by the due date (including extensions of time) for filing the taxpayer’s return for the taxable year of the net operating loss. Such election, once made for any taxable year, shall be irrevocable for such taxable year.”. "
(c)Coordination With Farm Disaster Losses.—Clause
(ii)of section 172(b)(1)(F) is amended by adding at the end the following flush sentence: “Such term shall not include any farming loss (as defined in subsection (i)).”. (d)Applicability.[26 USC 172 note](/us/usc/t26/s172). Effective Date.—The amendments made by this section shall apply to net operating losses for taxable years beginning after December 31, 1997. Subtitle C—Miscellaneous Provisions SEC. 2021. INCREASE IN VOLUME CAP ON PRIVATE ACTIVITY BONDS.
(a)In General.—Subsection
(d)of section 146 (relating to volume cap) is amended by striking paragraphs
(1)and
(2)and inserting the following new paragraphs: " “(1) In general.—The State ceiling applicable to any State for any calendar year shall be the greater of— “(A) an amount equal to the per capita limit for such year multiplied by the State population, or “(B) the aggregate limit for such year. Subparagraph
(B)shall not apply to any possession of the United States. “(2) Per capita limit; aggregate limit.—For purposes of paragraph (1), the per capita limit, and the aggregate limit, for any calendar year shall be determined in accordance with the following table: **Calendar Year** **Per Capita Limit** **Aggregate Limit** 1999 through 2002 $50 $150,000,000 2003 55 165,000,000 2004 60 180,000,000 2005 65 195,000,000 2006 70 210,000,000 2007 and thereafter 75 225,000,000.” " (b)[26 USC 146 note](/us/usc/t26/s146). Effective Date.—The amendment made by this section shall apply to calendar years after 1998. SEC. 2022.[26 USC 168 note](/us/usc/t26/s168). DEPRECIATION STUDY. The Secretary of the Treasury (or the Secretary’s delegate)—
(1)shall conduct a comprehensive study of the recovery periods and depreciation methods under section 168 of the Internal Revenue Code of 1986, and
(2)not later than March 31, 2000, shall submit the results of such study, together with recommendations for determining such periods and methods in a more rational manner, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.112 STAT. 2681–904 SEC. 2023. EXEMPTION FOR STUDENTS EMPLOYED BY STATE SCHOOLS, COLLEGES, OR UNIVERSITIES.
(a)In General.—Notwithstanding section 218 of the Social Security Act, any agreement with a State (or any modification thereof) entered into pursuant to such section may, at the option of such State, be modified at any time on or after January 1, 1999, and on or before March 31, 1999, so as to exclude service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university.
(b)Effective Date of Modification.—Any modification of an agreement pursuant to subsection
(a)shall be effective with respect to services performed after June 30, 2000.
(c)Irrevocability of Modification.—If any modification of an agreement pursuant to subsection
(a)terminates coverage with respect to service performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at such school, college, or university, the Commissioner of Social Security and the State may not thereafter modify such agreement so as to again make the agreement applicable to such service performed in the employ of such school, college, or university. TITLE III—REVENUE OFFSETS SEC. 3001. TREATMENT OF CERTAIN DEDUCTIBLE LIQUIDATING DISTRIBUTIONS OF REGULATED INVESTMENT COMPANIES AND REAL ESTATE INVESTMENT TRUSTS.
(a)In General.—Section 332 (relating to complete liquidations of subsidiaries) is amended by adding at the end the following new subsection: " “(c) Deductible Liquidating Distributions of Regulated Investment Companies and Real Estate Investment Trusts.—If a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered under subsection
(b)as being in complete liquidation of such company or trust, then, notwithstanding any other provision of this chapter, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution.”. "
(b)Conforming Amendments.—
(1)The material preceding paragraph
(1)of section 332(b) is amended by striking “subsection (a)” and inserting “this section”.
(2)Paragraph
(1)of section 334(b) is amended by striking “section 332(a)” and inserting “section 332”.
(c)Effective Date.—The amendments made by this section[26 USC 332 note](/us/usc/t26/s332). shall apply to distributions after May 21,1998.
(d)Assumptions.—In making the estimate required for this Act by section 252(d)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, that part of the estimate that measures the change in receipts resulting from the amendments made by this section shall be based on the economic and technical assumptions underlying the supplemental summary of the budget for fiscal year 1999, submitted on May 26, 1998, pursuant to section 1106 of title 31, United States Code, notwithstanding section 252(d)(2)(B). 112 STAT. 2681–905All other parts of such estimate required by such section 252(d)(2) shall be made pursuant to the requirements of such section 252(d)(2)(B). SEC. 3002. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.
(a)In General.—Paragraph
(1)of section 4132(a) (defining taxable vaccine) is amended by adding at the end the following new subparagraph: “(K) Any vaccine against rotavirus gastroenteritis.”. (b)[26 USC 4132 note](/us/usc/t26/s4132). Effective Date.—
(1)Sales.—The amendment made by this section shall apply to sales after the date of the enactment of this Act.
(2)Deliveries.—For purposes of paragraph (1), in the case of sales on or before the date of the enactment of this Act for which delivery is made after such date, the delivery date shall be considered the sale date. SEC. 3003. CLARIFICATION AND EXPANSION OF MATHEMATICAL ERROR ASSESSMENT PROCEDURES.
(a)Tin Deemed Incorrect if Information on Return Differs With Agency Records.—Paragraph
(2)of section 6213(g) (defining mathematical or clerical error) is amended by adding at the end the following flush sentence: " “A taxpayer shall be treated as having omitted a correct TIN for purposes of the preceding sentence if information provided by the taxpayer on the return with respect to the individual whose TIN was provided differs from the information the Secretary obtains from the person issuing the TIN.”. "
(b)Expansion of Mathematical Error Procedures to Cases Where Tin Establishes Individual Not Eligible for Tax Credit.—Paragraph
(2)of section 6213(g) is amended by striking “and” at the end of subparagraph (J), by striking the period at the end of the subparagraph
(K)and inserting “, and”, and by inserting after subparagraph
(K)the following new subparagraph: " “(L) the inclusion on a return of a TIN required to be included on the return under section 21, 24, or 32 if— “(i) such TIN is of an individual whose age affects the amount of the credit under such section, and “(ii) the computation of the credit on the return reflects the treatment of such individual as being of an age different from the individual’s age based on such TIN.”. " (c)[26 USC 6213 note](/us/usc/t26/s6213). Effective Date.—The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3004. CLARIFICATION OF DEFINITION OF SPECIFIED LIABILITY LOSS.
(a)In General.—Subparagraph
(B)of section 172(f)(1) (defining specified liability loss) is amended to read as follows: " “(B)(i) Any amount allowable as a deduction under this chapter (other than section 468(a)(1) or 468A(a)) which is in satisfaction of a liability under a Federal or State law requiring—112 STAT. 2681–906 “(II) the decommissioning of a nuclear power plant (or any unit thereof), “(III) the dismantlement of a drilling platform, “(IV) the remediation of environmental contamination, or “(V) a payment under any workers compensation act (within the meaning of section 461(h)(2)(C)(i)). “(ii) A liability shall be taken into account under this subparagraph only if— “(I) the act (or failure to act) giving rise to such liability occurs at least 3 years before the beginning of the taxable year, and “(II) the taxpayer used an accrual method of accounting throughout the period or periods during which such act (or failure to act) occurred.”. "
(b)Effective Date.—The amendment made by this section shall apply to net operating losses arising in taxable years ending after the date of the enactment of this Act. TITLE IV—TECHNICAL CORRECTIONS SEC. 4001. DEFINITIONS; COORDINATION WITH OTHER TITLES.[26 USC 1 note](/us/usc/t26/s1).
(a)Definitions.—For purposes of this title—
(1)1986 code.—The term “1986 Code” means the Internal Revenue Code of 1986.
(2)1998 act.—The term “1998 Act” means the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105–206).
(3)1997 act.—The term “1997 Act” means the Taxpayer Relief Act of 1997 (Public Law 105–34).
(b)Coordination With Other Titles.—For purposes of applying the amendments made by any title of this division other than this title, the provisions of this title shall be treated as having been enacted immediately before the provisions of such other titles. SEC. 4002. AMENDMENTS RELATED TO INTERNAL REVENUE SERVICE RESTRUCTURING AND REFORM ACT OF 1998.
(a)Amendment Related to Section 1101 of 1998 Act.—Paragraph
(5)of section 6103(h) of the 1986 Code, as added by section 1101(b) of the 1998 Act, is redesignated as paragraph (6).
(b)Amendment Related to Section 3001 of 1998 Act.—Paragraph
(2)of section 7491(a) of the 1986 Code is amended by adding at the end the following flush sentence: " “Subparagraph
(C)shall not apply to any qualified revocable trust (as defined in section 645(b)(1)) with respect to liability for tax for any taxable year ending after the date of the decedent’s death and before the applicable date (as defined in section 645(b)(2)).”. "
(c)Amendments Related to Section 3201 of 1998 Act.—
(1)Section 7421(a) of the 1986 Code is amended by striking “6015(d)” and inserting “6015(e)”.
(2)Subparagraph
(A)of section 6015(e)(3) is amended by striking “of this section” and inserting “of subsection
(b)or (f)”
(d)Amendment Related to Section 3301 of 1998 Act.—Paragraph
(2)of section 3301(c) of the 1998 Act is amended by[26 USC 6601 note](/us/usc/t26/s6601). striking “The amendments” and inserting “Subject to any applicable 112 STAT. 2681–907statute of limitation not having expired with regard to either a tax underpayment or a tax overpayment, the amendments”. (e)[26 USC 7443A](/us/usc/t26/s7443/A). Amendment Related to Section 3401 of 1998 Act.—Section 3401(c) of the 1998 Act is amended—
(1)in paragraph (1), by striking “7443(b)” and inserting “7443A(b)”; and
(2)in paragraph (2), by striking “7443(c)” and inserting “7443A(c)”.
(f)Amendment Related to Section 3433 of 1998 Act.—Section 7421(a) of the 1986 Code is amended by inserting “6331(i),” after “6246(b)””.
(g)Amendment Related to Section 3467 of 1998 Act.—The subsection
(d)of section 6159 of the 1986 Code relating to cross reference is redesignated as subsection (e).
(h)Amendment Related to Section 3708 of 1998 Act.—Subparagraph
(A)of section 6103(p)(3) of the 1986 Code is amended by inserting “(f)(5),” after “(c), (e),”.
(i)Amendments Related to Section 5001 of 1998 Act.—
(1)Subparagraph
(B)of section 1(h)(13) of the 1986 Code is amended by striking “paragraph (7)(A)” and inserting “paragraph (7)(A)(i)”. (2)[26 USC 1 note](/us/usc/t26/s1).(A) Subparagraphs (A)(i)(II), (A)(ii)(II), and (B)(ii) of section 1(h)(13) of the 1986 Code shall not apply to any distribution after December 31, 1997, by a regulated investment company or a real estate investment trust with respect to—
(i)gains and losses recognized directly by such company or trust, and
(ii)amounts properly taken into account by such company or trust by reason of holding (directly or indirectly) an interest in another such company or trust to the extent that such subparagraphs did not apply to such other company or trust with respect to such amounts.
(B)Subparagraph
(A)shall not apply to any distribution which is treated under section 852(b)(7) or 857(b)(8) of the 1986 Code as received on December 31,1997.
(C)For purposes of subparagraph (A), any amount which is includible in gross income of its shareholders under section 852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after December 31, 1997, shall be treated as distributed after such date. (D)(i) For purposes of subparagraph (A), in the case of a qualified partnership with respect to which a regulated investment company meets the holding requirement of clause (iii)—
(I)the subparagraphs referred to in subparagraph
(A)shall not apply to gains and losses recognized directly by such partnership for purposes of determining such company’s distributive share of such gains and losses, and
(II)such company’s distributive share of such gains and losses (as so determined) shall be treated as recognized directly by such company. Applicability.The preceding sentence shall apply only if the qualified partnership provides the company with written documentation of such distributive share as so determined.
(ii)For purposes of clause (i), the term “qualified partnership” means, with respect to a regulated investment company, any partnership if—
(I)the partnership is an investment company registered under the Investment Company Act of 1940,112 STAT. 2681–908
(II)the regulated investment company is permitted to invest in such partnership by reason of section 12(d)(1)(E) of such Act or an exemptive order of the Securities and Exchange Commission under such section, and
(III)the regulated investment company and the partnership have the same taxable year.
(iii)A regulated investment company meets the holding requirement of this clause with respect to a qualified partnership if (as of January 1, 1998)—
(I)the value of the interests of the regulated investment company in such partnership is 35 percent or more of the value of such company’s total assets, or
(II)the value of the interests of the regulated investment company in such partnership and all other qualified partnerships is 90 percent or more of the value of such company’s total assets.
(3)Paragraph
(13)of section 1(h) of the 1986 Code is amended by adding at the end the following new subparagraph: " “(D) Charitable remainder trusts.—Subparagraphs
(A)and (B)(ii) shall not apply to any capital gain distribution made by a trust described in section 664.” "
(j)Amendment Related to Section 7004 of 1998 Act.—Clause
(i)of section 408A(c)(3)(C) of the 1986 Code, as amended by section 7004 of the 1998 Act, is amended by striking the period at the end of subclause
(II)and inserting “, and”.
(k)Effective Date.—The amendments made by this section[26 USC 1 note](/us/usc/t26/s1). shall take effect as if included in the provisions of the 1998 Act to which they relate. SEC. 4003. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997.
(a)Amendments Related to Section 202 of 1997 Act.—
(1)Paragraph
(2)of section 163(h) of the 1986 Code is amended by striking “and” at the end of subparagraph (D), by striking the period at the end of subparagraph
(E)and inserting “, and”, and by adding at the end the following new subparagraph: " “(F) any interest allowable as a deduction under section 221 (relating to interest on educational loans).” " (2)(A) Subparagraph
(C)of section 221(b)(2) of the 1986 Code is amended—
(i)by striking “135, 137,” in clause (i),
(ii)by inserting “135, 137,” after “sections 86,” in clause (ii), and
(iii)by striking the last sentence.
(B)Sections 86(b)(2)(A), 135(c)(4)(A), and 219(g)(3)(A)(ii) of the 1986 Code are each amended by inserting “221,” after “137,”.
(C)Subparagraph
(A)of section 137(b)(3) of the 1986 Code is amended by inserting “221,” before “911,”.
(D)Clause
(iii)of section 469(i)(3)(E) of the 1986 Code is amended to read as follows: " “(iii) the amounts allowable as a deduction under sections 219 and 221, and”. "
(3)The last sentence of section 221(e)(1) of the 1986 Code is amended by inserting before the period “or to any person by reason of a loan under any qualified employer plan (as 112 STAT. 2681–909defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5)”. (b)[26 USC 1 note](/us/usc/t26/s1). Provision Related to Section 311 of 1997 Act.—In the case of any capital gain distribution made after 1997 by a trust to which section 664 of the 1986 Code applies with respect to amounts properly taken into account by such trust during 1997, paragraphs (5)(A)(i)(I), (5)(A)(ii)(I), and (13)(A) of section 1(h) of the 1986 Code (as in effect for taxable years ending on December 31, 1997) shall not apply.
(c)Amendment Related to Section 506 of 1997 Act.—Section 2001(f)(2) of the 1986 Code is amended by adding at the end the following: " “For purposes of subparagraph (A), the value of an item shall be treated as shown on a return if the item is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such item.”. "
(d)Amendments Related to Section 904 of 1997 Act.—
(1)Paragraph
(1)of section 9510(c) of the 1986 Code is amended to read as follows: " “(1) In general.—Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for— “(A) the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on August 5, 1997) for vaccine-related injury or death with respect to any vaccine— “(i) which is administered after September 30, 1988, and “(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time compensation is paid under such subtitle 2, or “(B) the payment of all expenses of administration (but not in excess of $9,500,000 for any fiscal year) incurred by the Federal Government in administering such subtitle.”. "
(2)Section 9510(b) of the 1986 Code is amended by adding at the end the following new paragraph: " “(3) Limitation on transfers to vaccine injury compensation trust fund.—No amount may be appropriated to the Vaccine Injury Compensation Trust Fund on and after the date of any expenditure from the Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to— “(A) any provision of law which is not contained or referenced in this title or in a revenue Act, and “(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.”. "
(e)Amendments Related to Section 915 of 1997 Act.— (1)[26 USC 7508A note](/us/usc/t26/s7508/A). Section 915(b) of the 1997 Act is amended by inserting “or 1998” after “1997”.
(2)Paragraph
(2)of section 6404(h) of the 1986 Code is amended by inserting “Robert T. Stafford” before “Disaster”,
(f)Amendments Related to Section 1012 of 1997 Act.—112 STAT. 2681–910
(1)Paragraph
(2)of section 351(c) of the 1986 Code, as amended by section 6010(c) of the 1998 Act, is amended by inserting “, or the fact that the corporation whose stock was distributed issues additional stock,” after “dispose of part or all of the distributed stock”.
(2)Clause
(ii)of section 368(a)(2)(H) of the 1986 Code, as amended by section 6010(c) of the 1998 Act, is amended by inserting “, or the fact that the corporation whose stock was distributed issues additional stock,” after “dispose of part or all of the distributed stock”.
(g)Provision Related to Section 1042 of 1997 Act.—Rules[26 USC 833 note](/us/usc/t26/s833). similar to the rules of section 1.1502–75(d)(5) of the Treasury Regulations shall apply with respect to any organization described in section 1042(b) of the 1997 Act.
(h)Amendment Related to Section 1082 of 1997 Act.—Subparagraph
(F)of section 172(b)(1) of the 1986 Code is amended by adding at the end the following new clause: " “(iv) Coordination with paragraph (2).—For purposes of applying paragraph (2), an eligible loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated.” "
(i)Amendment Related to Section 1084 of 1997 Act.—Paragraph
(3)of section 264(f) of the 1986 Code is amended by adding at the end the following flush sentence: " “If the amount described in subparagraph
(A)with respect to any policy or contract does not reasonably approximate its actual value, the amount taken into account under subparagraph
(A)shall be the greater of the amount of the insurance company liability or the insurance company reserve with respect to such policy or contract (as determined for purposes of the annual statement approved by the National Association of Insurance Commissioners) or shall be such other amount as is determined by the Secretary.” "
(j)Amendment Related to Section 1175 of 1997 Act.—Subparagraph
(C)of section 954(e)(2) of the 1986 Code is amended by striking “subsection (h)(8)” and inserting “subsection (h)(9)”.
(k)Amendment Related to Section 1205 of 1997 Act.—Paragraph
(2)of section 6311(d) of the 1986 Code is amended by striking “under such contracts” in the last sentence and inserting “under any such contract for the use of credit, debit, or charge cards for the payment of taxes imposed by subtitle A”.
(l)Effective Date.—The amendments made by this section[26 USC 86 note](/us/usc/t26/s86). shall take effect as if included in the provisions of the 1997 Act to which they relate. SEC. 4004. AMENDMENTS RELATED TO TAX REFORM ACT OF 1984.
(a)In General.—Subparagraph
(C)of section 172(d)(4) of the 1986 Code is amended to read as follows: " “(C) any deduction for casualty or theft losses allowable under paragraph
(2)or
(3)of section 165(c) shall be treated as attributable to the trade or business: and”. "
(b)Conforming Amendments.—
(1)Paragraph
(3)of section 67(b) of the 1986 Code is amended by striking “for losses described in subsection (c)(3) or
(d)of section 165” and inserting “for casualty or theft losses 112 STAT. 2681–911described in paragraph
(2)or
(3)of section 165(c) or for losses described in section 165(d)”.
(2)Paragraph
(3)of section 68(c) of the 1986 Code is amended by striking “for losses described in subsection (c)(3) or
(d)of section 165” and inserting “for casualty or theft losses described in paragraph
(2)or
(3)of section 165(c) or for losses described in section 165(d)”.
(3)Paragraph
(1)of section 873(b) is amended to read as follows: " “(1) Losses.—The deduction allowed by section 165 for casualty or theft losses described in paragraph
(2)or
(3)of section 165(c), but only if the loss is of property located within the United States.” " (c)Applicability.[26 USC 172 note](/us/usc/t26/s172). Effective Dates.—
(1)The amendments made by subsections
(a)and (b)(3) shall apply to taxable years beginning after December 31, 1983. (2)[26 USC 67 note](/us/usc/t26/s67). The amendment made by subsection (b)(1) shall apply to taxable years beginning after December 31, 1986. (3)[26 USC 68 note](/us/usc/t26/s68). The amendment made by subsection (b)(2) shall apply to taxable years beginning after December 31, 1990. SEC. 4005. AMENDMENTS RELATED TO URUGUAY ROUND AGREEMENTS ACT.
(a)Inapplicability of Assignment Prohibition.—Section 207 of the Social Security Act (42 U.S.C. 407) is amended by adding at the end the following new subsection: " “(c) Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this title, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person’s representative payee.”. "
(b)Proper Allocation of Costs of Withholding Between the Trust Funds and the General Fund.—Section 201(g) of such Act (42 U.S.C. 401(g)) is amended—
(1)by inserting before the period in paragraph (1)(A)(ii) the following: “and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons’ representative payee”;
(2)by inserting before the period at the end of paragraph (1)(A) the following: “and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons’ representative payee”;
(3)in paragraph (1)(B)(i)(I), by striking “subparagraph (A)),” and inserting “subparagraph (A)) and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons’ representative payee,”;
(4)in paragraph (1)(C)(iii), by inserting before the period the following: “and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by 112 STAT. 2681–912persons entitled to such benefits or such persons’ representative payee”;
(5)in paragraph (1)(D), by inserting after “section 232” the following: “and the functions of the Social Security Administration in connection with the withholding of taxes from benefits as described in section 207(c)”; and
(6)in paragraph (4), by inserting after the first sentence the following: “The Board of Trustees of such Trust Funds shall prescribe the method of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 207(c), pursuant to requests by persons entitled to such benefits or such persons’ representative payee.”,
(c)Effective Date.—The amendments made by subsection[42 USC 401 note](/us/usc/t42/s401).
(b)shall apply to benefits paid on or after the first day of the second month beginning after the month in which this Act is enacted. SEC. 4006. OTHER AMENDMENTS.
(a)Amendments Related to Section 6103 of 1986 Code.—
(1)Subsection
(j)of section 6103 of the 1986 Code is amended by adding at the end the following new paragraph: " “(5) Department of agriculture.—Upon request in writing by the Secretary of Agriculture, the Secretary shall furnish such returns, or return information reflected thereon, as the Secretary may prescribe by regulation to officers and employees of the Department of Agriculture whose official duties require access to such returns or information for the purpose of, but only to the extent necessary in, structuring, preparing, and conducting the census of agriculture pursuant to the Census of Agriculture Act of 1997 (Public Law 105–113).”. "
(2)Paragraph
(4)of section 6103(p) of the 1986 Code is amended by striking “(j)(1) or (2)” in the material preceding subparagraph
(A)and in subparagraph
(F)and inserting “(j)(1), (2), or (5)”.
(3)The amendments made by this subsection shall applyApplicability.[26 USC 6103 note](/us/usc/t26/s6103). to requests made on or after the date of the enactment of this Act.
(b)Amendment Related to Section 9004 of Transportation Equity Act for the 21st Century.—
(1)Paragraph
(2)of section 9503(f) of the 1986 Code is amended to read as follows: " “(2) notwithstanding section 9602(b), obligations held by such Fund after September 30, 1998, shall be obligations of the United States which are not interest-bearing.” "
(2)The amendment made by paragraph
(1)shall take effectEffective date.[26 USC 9503 note](/us/usc/t26/s9503). on October 1, 1998.
(c)Clerical Amendments.—
(1)Clause
(i)of section 51(d)(6)(B) of the 1986 Code is amended by striking “rehabilitation plan” and inserting “plan for employment”. The reference to “plan for employment” in[26 USC 51 note](/us/usc/t26/s51). such clause shall be treated as including a reference to the rehabilitation plan referred to in such clause as in effect before the amendment made by the preceding sentence.
(2)Paragraph
(3)of section 56(a) of the 1986 Code is amended by striking “section 460(b)(2)” and inserting “section 112 STAT. 2681–913460(b)(1)” and by striking “section 460(b)(4)” and inserting “section 460(b)(3)”.
(3)Paragraph
(10)of section 2031(c) of the 1986 Code is amended by striking “section 2033A(e)(3)” and inserting “”.
(4)Subparagraphs
(C)and
(D)of section 6693(a)(2) of the 1986 Code are each amended by striking “Section” and inserting “section”. TITLE V—MEDICARE-RELATED PROVISIONS Subtitle A—Home Health SEC. 5101. INCREASE IN PER BENEFICIARY LIMITS AND PER VISIT PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH SERVICES.
(a)Increase in Per Beneficiary Limits.—Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) is amended—
(1)in the first sentence of clause (v), by inserting “subject to clause (viii)(I),” before “the Secretary”;
(2)in clause (vi)(I), by inserting “subject to clauses (viii)(II) and (viii)(III)” after “fiscal year 1994”; and
(3)by adding at the end the following new clause: " “(viii)(I) In the case of a provider with a 12-month cost reporting period ending in fiscal year 1994, if the limit imposed under clause
(v)(determined without regard to this subclause) for a cost reporting period beginning during or after fiscal year 1999 is less than the median described in clause (vi)(I) (but determined as if any reference in clause
(v)to ‘98 percent’ were a reference to ‘100 percent’), the limit otherwise imposed under clause
(v)for such provider and period shall be increased by 1/3 of such difference. “(II) Subject to subclause (IV), for new providers and those providers without a 12-month cost reporting period ending in fiscal year 1994, but for which the first cost reporting period begins before fiscal year 1999, for cost reporting periods beginning during or after fiscal year 1999, the per beneficiary limitation described in clause (vi)(I) shall be equal to the median described in such clause (determined as if any reference in clause
(v)to ‘98 percent’ were a reference to ‘100 percent’). “(III) Subject to subclause (IV), in the case of a new provider for which the first cost reporting period begins during or after fiscal year 1999, the limitation applied under clause (vi)(I) (but only with respect to such provider) shall be equal to 75 percent of the median described in clause (vi)(I). “(IV) In the case of a new provider or a provider without a 12-month cost reporting period ending in fiscal year 1994, subclause
(II)shall apply, instead of subclause (III), to a home health agency which filed an application for home health agency provider status under this title before September 15, 1998, or which was approved as a branch of its parent agency before such date and becomes a subunit of the parent agency or a separate agency on or after such date. “(V) Each of the amounts specified in subclauses
(I)through
(III)are such amounts as adjusted under clause
(iii)to reflect variations in wages among different areas.”.112 STAT. 2681–914 "
(b)Revision of Per Visit Limits.—Section 1861(v)(1)(L)(i) of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended—
(1)in subclause (III), by striking “or”;
(2)in subclause (IV)—
(A)by inserting “and before October 1, 1998,” after “October 1, 1997,”; and
(B)by striking the period at the end and inserting “, or”; and
(3)by adding at the end the following new subclause: “(V) October 1, 1998, 106 percent of such median.”.
(c)One-Year Delay in 15 Percent Reduction in Payment Limits; Change in Timing of Implementation of Prospective Payment System.—
(1)Prospective payment system.—Section 1895 of such Act (42 U.S.C. 1395fff) is amended—
(A)in subsection (a), by striking “for cost reporting periods beginning on or after October 1, 1999” and inserting “for portions of cost reporting periods occurring on or after October 1, 2000”; and
(B)in subsection (b)(3)—
(i)in subparagraph (A)(i), by striking “fiscal year 2000” and inserting “fiscal year 2001”;
(ii)in subparagraph (A)(ii), by striking “September 30, 1999” and inserting “September 30, 2000”; and
(iii)in subparagraph (B)(i), by striking “fiscal year 2001” and inserting “fiscal year 2002”.
(2)Change in effective date.—Section 4603(d) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended by striking “cost reporting periods beginning on or after October 1, 1999” and inserting “portions of cost reporting periods occurring on or after October 1, 2000”.
(3)Contingency reduction.—Section 4603(e) of the Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is amended—
(A)by striking “cost reporting periods described in subsection (d), for such cost reporting periods” and inserting “portions of cost reporting periods described in subsection (d), for such portions”; and
(B)by striking “September 30, 1999” and inserting “September 30, 2000”.
(d)Change in Home Health Market Basket Increase.—
(1)Interim payment system.—Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by subsection (a)(3), is amended by adding at the end the following: " “(ix) Notwithstanding any other provision of this subparagraph, in updating any limit under this subparagraph by a home health market basket index for cost reporting periods beginning during each of fiscal years 2000, 2001, 2002, and 2003, the update otherwise provided shall be reduced by 1.1 percentage points.”. "
(2)Prospective payment system.—Section 1895(b)(3)(B) of such Act (42 U.S.C. 1395fff(b)(3)(B)) is amended—
(A)in clause (i), by striking “home health market basket percentage increase” and inserting “home health applicable increase percentage (as defined in clause (ii))”;
(B)by redesignating clause
(ii)as clause (iii); and
(C)by inserting after clause
(i)the following: " “(ii) Home health applicable increase percentage.—For purposes of this subparagraph, the term 112 STAT. 2681–915‘home health applicable increase percentage’ means, with respect to— “(I) fiscal year 2002 or 2003, the home health market basket percentage increase (as defined in clause (iii)) minus 1.1 percentage points; or “(II) any subsequent fiscal year, the home health market basket percentage increase.”. "
(e)Exclusion of Additional Part B Costs From Determination of Part B Monthly Premium.—Section 1839 of such Act (42 U.S.C. 1395r) is amended—
(1)in subsection (a)(3), by inserting “(except as provided in subsection (g))” after “year that”; and
(2)by adding at the end the following new subsection: " “(g) In estimating the benefits and administrative costs which will be payable from the Federal Supplementary Medical Insurance Trust Fund for a year for purposes of determining the monthly premium rate under subsection (a)(3), the Secretary shall exclude an estimate of any benefits and administrative costs attributable to the application of section 1861(v)(1)(L)(viii) or to the establishment under section 1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent of the median (instead of 105 percent of the median), but only to the extent payment for home health services under this title is not being made under section 1895 (relating to prospective payment for home health services).”. "
(f)Reports on Summary of Research Conducted by the Secretary on the Prospective Payment System.—By not later than January 1, 1999, the Secretary of Health and Human Services shall submit to Congress a report on the following matters:
(1)Research.—A description of any research paid for by the Secretary on the development of a prospective payment system for home health services furnished under the medicare program under title XVIII of the Social Security Act, and a summary of the results of such research.
(2)Schedule for Implementation of System.—The Secretary’s schedule for the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff).
(g)MedPAC Reports.—
(1)Review of secretary’s report.—Not later than 60 days after the date the Secretary of Health and Human Services submits to Congress the report under subsection (f), the Medicare Payment Advisory Commission (established under section 1805 of the Social Security Act (42 U.S.C. 1395b–6)) shall submit to Congress a report describing the Commission’s analysis of the Secretary’s report, and shall include the Commission’s recommendations with respect to the matters contained in such report.
(2)Annual report.—The Commission shall include in its annual report to Congress for June 1999 an analysis of whether changes in law made by the Balanced Budget Act of 1997, as modified by the amendments made by this section, with respect to payments for home health services furnished under the medicare program under title XVIII of the Social Security Act, impede access to such services by individuals entitled to benefits under such program.
(h)GAO Audit of Research Expenditures.—The Comptroller General of the United States shall conduct an audit of sums 112 STAT. 2681–916obligated or expended by the Health Care Financing Administration for the research described in subsection (f)(1), and of the data, reports, proposals, or other information provided by such research.
(i)Prompt Implementation.—[42 USC 1395x note](/us/usc/t42/s1395/x).
(1)In general.—The Secretary of Health and Human Services shall promptly issue (without regard to chapter 8 of title 5, United States Code) such regulations or program memoranda as may be necessary to effect the amendments made by this section for cost reporting periods beginning during fiscal year 1999.
(2)Use of payment amounts and limits from published tables.—
(A)Per beneficiary limits.—In effecting the amendments made by subsection
(a)for cost reporting periods beginning in fiscal year 1999, the “median” referred to in section 1861(v)(1)(L)(vi)(I) of the Social Security Act for such periods shall be the national standardized per beneficiary limitation specified in Table 3C published in the Federal Register on August 11, 1998 (63 FR 42926) and the “standardized regional average of such costs” referred to in section 1861(v)(1)(L)(v)(I) of such Act for a census division shall be the sum of the labor and nonlabor components of the standardized per beneficiary limitation for that census division specified in Table 3B published in the Federal Register on that date (63 FR 42926) (or in Table 3D as so published with respect to Puerto Rico and Guam), and adjusted to reflect variations in wages among different geographic areas as specified in Tables 4a and 4b published in the Federal Register on that date (63 FR 42926–42933).
(B)Per visit limits.—In effecting the amendments made by subsection
(b)for cost reporting periods beginning in fiscal year 1999, the limits determined under section 1861(v)(1)(L)(i)(V) of such Act for cost reporting periods beginning during such fiscal year shall be equal to the per visit limits as specified in Table 3A published in the Federal Register on August 11, 1998 (63 FR 42925) and as subsequently corrected, multiplied by 106/105, and adjusted to reflect variations in wages among different geographic areas as specified in Tables 4a and 4b published in the Federal Register on August 11, 1998 (63 FR 42926–42933). Subtitle B—Other Medicare-Related Provisions SEC. 5201. AUTHORIZATION OF ADDITIONAL EXCEPTIONS TO IMPOSITION OF PENALTIES FOR PROVIDING INDUCEMENTS TO BENEFICIARIES.
(a)In General.—Subparagraph
(B)of section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a–7a(i)(6)) is amended to read as follows: " “(B) subject to subsection (n), any permissible practice described in any subparagraph of section 1128B(b)(3) or in regulations issued by the Secretary;”. "
(b)Special Provisions Concerning a Safe Harbor for Payment of Medigap Premiums of ESRD Beneficiaries.—112 STAT. 2681–917
(1)2-year limitation.—Section 1128A of such Act (42 U.S.C. 1320a–7a) is amended by adding at the end the following: " “(n)(1) Subparagraph
(B)of subsection (i)(6) shall not apply to a practice described in paragraph
(2)unless— “(A) the Secretary, through the Inspector General of the Department of Health and Human Services, promulgates a rule authorizing such a practice as an exception to remuneration; and “(B) the remuneration is offered or transferred by a person under such rule during the 2-year period beginning on the date the rule is first promulgated. “(2) A practice described in this paragraph is a practice under which a health care provider or facility pays, in whole or in part, premiums for medicare supplemental policies for individuals entitled to benefits under part A of title XVIII pursuant to section 226A.”. " (2)[42 USC 1320a](/us/usc/t42/s1320/a)–7a note. GAO study and report on impact of safe harbor on medigap policies.—If a permissible practice is promulgated under section 1128A(n)(1)(A) of the Social Security Act (as added by paragraph (1)), the Comptroller General of the United States shall conduct a study that compares any disproportionate impact on specific issuers of medicare supplemental policies (including the impact on premiums for non-ESRD medicare beneficiaries enrolled in such policies) due to adverse selection in enrolling medicare ESRD beneficiaries before the enactment of the Health Insurance Portability and Accountability Act of 1996 and 1 year after the date of promulgation of such permissible practice under section 1128A(n)(1)(A) of the Social Security Act. Not later than 18 months after the date of promulgation of such practice, the Comptroller General shall submit a report to Congress on such study and shall include in the report recommendations concerning whether the time limitation imposed under section 1128A(n)(1)(B) of such Act should be extended.
(c)Extension of Advisory Opinion Authority.—Section 1128D(b)(2)(A) of such Act (42 U.S.C. 1320a–7d(b)(2)(A)) is amended by inserting “or section 1128A(i)(6)” after “U28B(b)”. (d)[42 USC 1320a](/us/usc/t42/s1320/a)–7a note. Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act. (e)[42 USC 1320a](/us/usc/t42/s1320/a)–7a note. Interim Final Rulemaking Authority.—The Secretary of Health and Human Services may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment, in order to implement the amendments made by this section in a timely manner. SEC. 5202. EXPANSION OF MEMBERSHIP OF MEDPAC TO 17.
(a)In General.—Section 1805(c)(1) of the Social Security Act (42 U.S.C. 1395b–6(c)(1)), as added by section 4022 of the Balanced Budget Act of 1997, is amended by striking “15” and inserting “17”. (b)[42 USC 1395b–6 note](/us/usc/t42/s1395/b). Initial Terms of Additional Members.—
(1)In general.—For purposes of staggering the initial terms of members of the Medicare Payment Advisory Commission (under section 1805(c)(3) of such Act (42 U.S.C. 1395b–6(c)(3)), the initial terms of the two additional members of 112 STAT. 2681–918the Commission provided for by the amendment under subsection
(a)are as follows:
(A)One member shall be appointed for one year.
(B)One member shall be appointed for two years.
(2)Commencement of terms.—Such terms shall begin on May 1, 1999. Subtitle C—Revenue Offsets SEC. 5301. TAX TREATMENT OF CASH OPTION FOR QUALIFIED PRIZES.
(a)In General.—Section 451 (relating to taxable year for which items of gross income included) is amended by adding at the end the following new subsection: " “(h) Special Rule for Cash Options for Receipt of Qualified Prizes.— “(1) In general.—For purposes of this title, in the case of an individual on the cash receipts and disbursements method of accounting, a qualified prize option shall be disregarded in determining the taxable year for which any portion of the qualified prize is properly includible in gross income of the taxpayer. “(2) Qualified prize option; qualified prize.—For purposes of this subsection— “(A) In general.—The term ‘qualified prize option’ means an option which— “(i) entitles an individual to receive a single cash payment in lieu of receiving a qualified prize (or remaining portion thereof), and “(ii) is exercisable not later than 60 days after such individual becomes entitled to the qualified prize. “(B) Qualified prize.—The term ‘qualified prize’ means any prize or award which— “(i) is awarded as a part of a contest, lottery, jackpot, game, or other similar arrangement, “(ii) does not relate to any past services performed by the recipient and does not require the recipient to perform any substantial future service, and “(iii) is payable over a period of at least 10 years. “(3) Partnership, etc.—The Secretary shall provide for the application of this subsection in the case of a partnership or other pass-through entity consisting entirely of individuals described in paragraph (1).” "
(b)Effective Date.—Applicability.[26 USC 451 note](/us/usc/t26/s451).
(1)In general.—The amendment made by this section shall apply to any prize to which a person first becomes entitled after the date of enactment of this Act.
(2)Transition rule.—The amendment made by this section shall apply to any prize to which a person first becomes entitled on or before the date of enactment of this Act, except that in determining whether an option is a qualified prize option as defined in section 451(h)(2)(A) of the Internal Revenue Code of 1986 (as added by such amendment)—
(A)clause
(ii)of such section 451(h)(2)(A) shall not apply, and
(B)such option shall be treated as a qualified prize option if it is exercisable only during all or part of the 18-month period beginning on July 1, 1999.112 STAT. 2681–919 DIVISION K—PAY-AS-YOU-GO PROVISION Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the Joint Explanatory Statement of the Committee of Conference accompanying Conference Report No. 105–217, legislation in section 103 of Division A and in divisions C through J of this Act that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 were it included in an Act other than an appropriation Act shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the “Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999”. Approved October 21, 1998. LEGISLATIVE HISTORY—[H.R. 4328](/us/bill/105/hr/4328) ([S. 2307](/us/bill/105/s/2307)): HOUSE REPORTS: Nos. 105–648 (Comm. on Appropriations) and 105–825 (Comm. of Conference). SENATE REPORTS: No. 105–249 accompanying S. 2307 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 144 (1998): July 29, considered and passed House. July 30, considered and passed Senate, amended, in lieu of S. 2307. Oct. 20, House agreed to conference report. Oct. 21, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): Oct. 23, Presidential statement. **THIS PAGE LEFT INTENTIONALLY BLANK** Public Law 105–278: To amend title VI and X of the Elementary and Secondary Education Act of 1965 to improve and expand charter schools. Public Law 278 Public Law 105–278 112 Stat. 2682 1998-10-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-04-15 105 public
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U.S. Code
- Certain service deemed not to be active service§ 107
- Comprehensive policy on providing education information to veterans§ 3698
- Criteria for payment§ 1741
- Recovery by United States§ 2651
- Operation of medical facilities§ 8110
- Parking facilities§ 8109
- Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans’ cemeteries§ 2408
- Employment of experts and consultants; temporary or intermittent§ 3109
- National Service Life Insurance Fund§ 1920
- Veterans’ Special Life Insurance§ 1923
- United States Government Life Insurance Fund§ 1955
- Declaration of policy and public housing agency organization§ 1437
- Authority§ 13611
- Public housing Capital and Operating Funds§ 1437g
- Repealed. Pub. L. 105–276, title V, § 586(g), Oct. 21, 1998, 112 Stat. 2649§ 11909
- Definitions§ 11905
- Purpose§ 12901
- Congressional findings and declaration of purpose§ 5301
- Low-income housing assistance§ 1437f
- Activities eligible for assistance§ 5305
- Special Risk Insurance Fund§ 1715z–3
- Management and liquidation functions of Government National Mortgage Association§ 1721
- Research and demonstrations; authorization of appropriations; continuing availability of funds§ 1701z–1
- Purchase and sale of mortgages; residential mortgages; conventional mortgages; terms and conditions of sale or other disposition; authority to enter into, perform, and carry out transactions§ 1454
- Duties and authorities of Director§ 4513
- Disposition of HUD-owned properties§ 1715z–11a
- General authority§ 12903
- Special projects§ 3547
- Definitions§ 1707
- Insurance of mortgages§ 1709
- Mortgage insurance for nursing homes, intermediate care facilities, and board and care homes§ 1715w
- Notice to tenants§ 4120
- Authority to make grants§ 11902
- Eligible activities§ 11903
- Applications§ 11904
- Definitions§ 4103
- Federal National Mortgage Association and Government National Mortgage Association§ 1717
- Rental and cooperative housing for lower income families§ 1715z–1
- Pay for certain senior-level positions§ 5376
- Findings and purpose§ 12501
- Projects§ 12671
- Establishment of the National Service Trust§ 12601
- Authority to provide assistance and approved national service positions§ 12571
- Provision of assistance and approved national service positions§ 12581
- Purpose§ 12611
- Purpose§ 12521
- National Homeownership Trust Fund§ 12853
- Evaluation§ 12639
- Uses of Fund§ 9611
- Response action contractors§ 9619
- Release detection, prevention, and correction regulations§ 6991b
- State revolving loan funds§ 300j–12
- Agreements with Indian tribes§ 6908a
- Working capital fund in Treasury§ 4370e
- Differentiation among fats, oils, and greases§ 2720
- Congressional findings; priority goals§ 6601
- Establishment; membership; Chairman; appointments§ 4342
- Congressional findings and declarations§ 5121
- Excess disaster assistance payments as budgetary emergency requirements§ 5203
- Buying and leasing passenger motor vehicles and aircraft§ 1343
- Transportation to and from certain places of employment and on military installations§ 2632
- Congressional findings and declaration of purpose§ 4001
- Congressional findings§ 7701
- Congressional findings§ 2201
- Federal and State disaster preparedness programs§ 5131
- Detailed functions of administration§ 5196
- Radiological Emergency Preparedness Fund§ 5196e
- Financing§ 4016
- Expiration of program§ 4026
- Emergency implementation of flood insurance program; applicability of other provisions of law§ 4056
- Authorization of appropriations; availability§ 4127
- Congressional findings§ 1795
- Limitations on expending and obligating amounts§ 1341
- Passenger carrier use§ 1344
- Programs to encourage commuting by means other than single-occupancy motor vehicles§ 7905
- Consumer product safety standards§ 2056
- National estuary program§ 1330
- Study and investigation; research, development and training§ 1201
- Purposes§ 151302
- Definitions§ 2203
- Officers and employees§ 151304
- Provision and acceptance of support by Administrator§ 151307
- Eligibility for assisted housing§ 1437n
- Congressional findings and declaration of purpose§ 2051
- Definitions§ 1191
- Congressional declaration of purpose§ 4321
- Policy planning; analysis; advice; establishment of advisory panel§ 6614
- Congressional findings and declaration of policy§ 1601
- Open season for certain Alaska Native veterans for allotments§ 1629g
- Rental payments§ 1437a
- Preventing fraud and abuse in housing and urban development programs§ 3544
- Family Self-Sufficiency program§ 1437u
- Repealed. Pub. L. 101–625, title II, § 289(b), Nov. 28, 1990, 104 Stat. 4128§ 1437o
- Contributions for low-income housing projects§ 1437c
- Public housing agency plans§ 1437c–1
- Civil action for deprivation of rights§ 1983
- Contract provisions and requirements; loans and annual contributions§ 1437d
- Labor standards and community service requirement§ 1437j
- Additional definitions§ 416
- Mandatory work requirements§ 607
- Purpose§ 601
- Resident homeownership program§ 4116
- Preference within groups§ 13615
- Management and disposition of multifamily housing projects§ 1701z–11
- Rent supplement payments for qualified lower income families§ 1701s
- Consortia, joint ventures, affiliates, and subsidiaries of public housing agencies§ 1437k
- Public housing mortgages and security interests§ 1437z–2
- Public housing homeownership and management opportunities§ 1437s
- Implementation grants§ 1437aaa–2
- Other program requirements§ 1437aaa–4
- Local housing assistance plan§ 1439
- Requirements for housing receiving Federal assistance§ 4822
- Eligible uses of investment§ 12742
- Pet ownership in public housing§ 1437z–3
- Pet ownership in assisted rental housing for the elderly or handicapped§ 1701r–1
- Demolition and disposition of public housing§ 1437p
- Homeownership program requirements§ 1437aaa–3
- Public housing resident management§ 1437r
- Authority to convert public housing to vouchers§ 1437t
- Transfer of management of certain housing to independent manager at request of residents§ 1437w
- Demolition, site revitalization, replacement housing, and tenant-based assistance grants for projects§ 1437v
- Resident homeownership programs§ 1437z–4
- Required conversion of distressed public housing to tenant-based assistance§ 1437z–5
- Services for public and Indian housing residents§ 1437z–6
- Mixed-finance public housing§ 1437z–7
- Grants for community residences and services§ 12910
- Assistance for displaced tenants§ 4113
- Housing preservation grants§ 1490m
- Assistance for troubled multifamily housing projects§ 1715z–1a
- Purpose§ 1437bbb
- Flexible grant program§ 1437bbb–1
- Program allocation and covered housing assistance§ 1437bbb–2
- Applicability of requirements under programs for covered housing assistance§ 1437bbb–3
- Program requirements§ 1437bbb–4
- Application§ 1437bbb–5
- Training§ 1437bbb–6
- Accountability§ 1437bbb–7
- Definitions§ 1437bbb–8
- Termination and evaluation§ 1437bbb–9
- State and local housing strategies§ 12705
- Definitions§ 201
- Confidentiality of records§ 290dd–2
- Definitions§ 802
- Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing§ 13662
- Ineligibility of dangerous sex offenders for admission to public housing§ 13663
- Definitions§ 13664
- Repealed. Pub. L. 105–276, title V, § 582(a)(1), Oct. 21, 1998, 112 Stat. 2643§ 1437a–1
- Repealed. Pub. L. 105–276, title V, § 582(a)(5), Oct. 21, 1998, 112 Stat. 2643§ 1437j–1
- Special housing need research and demonstration authority§ 1701z–6
- Repealed. Pub. L. 105–276, title V, § 582(a)(13), Oct. 21, 1998, 112 Stat. 2644§ 11903a
- Repealed. Pub. L. 105–276, title V, § 582(a)(15), Oct. 21, 1998, 112 Stat. 2644§ 1438
- Congressional findings§ 11901
- Reports§ 11906
- Monitoring§ 11907
- Authorization of appropriations§ 11908
- Administration§ 3608
- Declaration of policy§ 3601
- Administrative provisions§ 3535
- Restriction on use of assisted housing by non-resident aliens§ 1436a
- Insurance of home equity conversion mortgages for elderly homeowners§ 1715z–20
- Assistance with respect to housing for low- and moderate-income families§ 1701x
- Repealed. Pub. L. 106–568, title X, § 1003(k)(2), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(2), Dec. 27, 2000, 114 Stat. 2966§ 4136
- Lease requirements and tenant selection§ 4137
- Noncompliance with affordable housing requirement§ 4139
- Designated housing for elderly and disabled families§ 1437e
- Block grants§ 4111
- Indian housing plans§ 4112
- Review of plans§ 4113
- National objectives and eligible families§ 4131
- Low-income requirement and income targeting§ 4135
- Availability of records§ 4138
- Congressional findings§ 4101
- Environmental review§ 4115
- Remedies for noncompliance§ 4161
- Public availability of information§ 4168
- Loan guarantees for Indian housing§ 1715z–13a
- Tenant participation in multifamily housing projects§ 1715z–1b
- Definitions§ 5402
- Income targeting§ 12744
- Qualification as affordable housing§ 12745
- General powers of Secretary§ 1479
- Housing and related facilities for elderly persons and families or other persons and families of low income§ 1485
- Loan guarantees for multifamily rental housing in rural areas§ 1490p–2
- Insurance of loans for housing and related facilities for domestic farm labor§ 1484
- Loans to provide occupant owned, rental, and cooperative housing for low and moderate income, elderly or handicapped persons or families§ 1490a
- “Rural” and “rural area” defined§ 1490
- Financial assistance by Secretary of Agriculture§ 1471
- Loans for housing and buildings on adequate farms§ 1472
- Program levels and authorizations§ 1483
- Conditions on rent increases in projects receiving assistance under other provisions of law§ 1490j
- Sweat equity model program§ 12805
- Repealed. Pub. L. 110–289, div. B, title I, § 2120(a)(6), July 30, 2008, 122 Stat. 2835§ 1715z–2
- Definitions and special rules§ 1393
- Authority§ 12741
- Consultation with affected areas in settlement of litigation§ 1436d
- Conduct of litigation reserved to Department of Justice§ 516
- Payment of insurance§ 1710
- Miscellaneous mortgage insurance§ 1715n
- Authority to assist mortgagors in default§ 1715u
- Civil money penalties against mortgagees, lenders, and other participants in FHA programs§ 1735f–14
- Statutes at Large; contents; admissibility in evidence§ 112
- Employment of temporary personnel§ 2225
- Liability§ 9607
- Application of Federal, State, and local law to Federal facilities§ 6961
- Farming opportunities training and outreach§ 2279
- Office of Inspector General; transfer of forfeiture funds for law enforcement activities§ 2270a
- Operation, maintenance and purchase of aircraft by Agricultural Research Service; construction and repair of buildings§ 2254
- Construction and repair of buildings and public improvements§ 2250
- Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations§ 113a
- Availability of appropriations§ 2209b
- Congressional declaration of purpose; definitions§ 361a
- Congressional findings§ 582a
- Agricultural research at 1890 land-grant colleges, including Tuskegee University§ 3222
- Transferred§ 450i
- Continuing animal health and disease, food security, and stewardship research, education, and extension programs§ 3195
- Supplemental and alternative crops§ 3319d
- Congressional findings and declaration of policy§ 178
- Contract, grant, and cooperative agreement authorities§ 3318
- Grants and fellowships for food and agricultural sciences education§ 3152
- Education grants programs for Hispanic-serving institutions§ 3241
- Assistance programs§ 3322
- Research and extension projects§ 5811
- Land grant aid of colleges§ 301
- Appropriations; distribution; allotment and apportionment; Secretary of Agriculture; matching funds; cooperative extension activities§ 343
- Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University§ 3222b
- Statement of purposes and goals§ 2661
- Omitted§ 129
- Transferred§ 428a
- SHORT TITLE.§ 9701
- Appropriation to encourage exportation and domestic consumption of agricultural products§ 612c
- Authorization of appropriations; allotments to States§ 1623
- Inspection of egg products§ 1034
- Transferred§ 450j
- Transferred§ 488
- Rules and regulations§ 1989
- Office of Risk Management§ 6933
- General powers§ 1506
- Purpose§ 590a
- Erection of buildings and other structures on non-Federal lands; duration of use of such lands; removal of structures after termination of use; availability of funds for expenses of acquiring long-term leases or other agreements§ 2250a
- Authorization to construct, operate, and maintain salinity control units and salinity control programs§ 1592
- Flood control generally§ 701
- Loans or advancements for financing local share of costs; repayment; interest; maximum amount§ 1006a
- Findings, purpose, and policy§ 2101
- Water and waste facility loans and grants§ 1926
- Mutual and self-help housing§ 1490c
- Loans and grants for repairs or improvements of rural dwellings§ 1474
- Development loan fund§ 9812
- Assistance for rural entities§ 1932
- Insured loans; interest rates and lending levels§ 935
- Purpose§ 950aaa
- Congressional declaration of policy§ 1751
- Congressional declaration of purpose§ 1771
- Disposition of commodities to prevent waste§ 1431
- Direct expenditures for agricultural commodities and other foods§ 1755
- Special supplemental nutrition program for women, infants, and children§ 1786
- Congressional declaration of policy§ 2011
- Nutrition services incentive program§ 3030a
- Rules and regulations; advance payment for rent and other service; funds for courtesies to foreign representatives§ 1766
- Use of Commodity Credit Corporation§ 1736
- Government agencies§ 2392
- United States policy§ 1691
- Short title§ 301
- Short title§ 1
- Custodians of money§ 3302
- Administrative expenses§ 2249
- Omitted§ 1623a
- Transferred§ 427
- Specific powers of Corporation§ 714c
- Limitation on indirect costs for agricultural research, education, and extension programs§ 3310
- Research and development§ 638
- Agricultural trade promotion and facilitation§ 5623
- Short title and purpose§ 7201
- Purposes§ 3839aa
- Definitions§ 2009
- New animal drugs§ 360b
- Consolidation and reform of Federal milk marketing orders§ 7253
- Orders§ 608c
- Scope of prohibition§ 1691
- Compensatory damages in claims under Rehabilitation Act of 1973§ 2279d
- Nondiscrimination under Federal grants and programs§ 794
- Transferred§ 426
- Water systems for rural and Native villages in Alaska§ 1926d
- Duties of Secretary relating to agricultural products§ 1622
- Definitions§ 601
- Congressional statement of findings§ 451
- Congressional statement of findings§ 1031
- Crop insurance§ 1508
- Personnel§ 1762
- Definitions§ 8101
- Investigations, experiments, tests, and other activities§ 1642
- Required terms of order§ 4606
- Repealed. Pub. L. 107–171, title VI, § 6403(a), May 13, 2002, 116 Stat. 429§ 2204f
- Repealed. Pub. L. 110–234, title VII, § 7406(b)(1), May 22, 2008, 122 Stat. 1251, and Pub. L. 110–246, § 4(a), title VII, § 7406(b)(1), June 18, 2008, 122 Stat. 1664, 2013§ 7621
- Authorization of appropriations and allotments of grants§ 361c
- Matching funds requirement for research and extension activities at eligible institutions§ 3222d
- General powers of Corporation§ 714b
- Regulation of futures trading and foreign transactions§ 6
- Special marketing loan provisions for upland cotton§ 7236
- Phase-out of production and consumption of class I substances§ 7671c
- Payments and grants of aid§ 590h
- Loan and loan servicing limitations§ 2008h
- Terms of loans§ 1964
- Eligibility for loans§ 1961
- Administration and operation of noninsured crop assistance program§ 7333
- Persons eligible for real estate loans§ 1922
- Congressional findings§ 1921
- Persons eligible for loans§ 1941
- Borrower training§ 2006a
- Limitations on amount of farm ownership loans§ 1925
- Limitations on amount of operating loans§ 1943
- Debt restructuring and loan servicing§ 2001
- Purpose§ 6901
- Assistant Secretaries of Agriculture§ 6918
- Under Secretary of Agriculture for Marketing and Regulatory Programs§ 7005
- Termination of authority§ 7014
- Price support§ 1421
- Short title and application of other provisions§ 1501
- Food for progress§ 1736o
- Availability of recourse loans for high moisture feed grains and seed cotton and other fibers§ 7237
- Repealed. Pub. L. 106–78, title IX, § 913(a), Oct. 22, 1999, 113 Stat. 1205§ 229a
- Biodiesel fuel use credits§ 13220
- Acquisition by one corporation of stock of another§ 18
- United States Trustee System Fund§ 589a
- United States Marshals Service§ 561
- Support of United States prisoners in non-Federal institutions§ 4013
- Availability of appropriations§ 524
- Transfer of appropriations§ 250a
- Transferred§ 3796
- Acceptance of gifts and bequests to the Commissary Funds, Federal Prisons§ 4043
- Functions of the Attorney General§ 509
- Repealed. Pub. L. 105–277, div. A, § 101(b) [title I, § 109(b)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67§ 1363b
- Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence§ 1255a
- Disposition of moneys collected under the provisions of this subchapter§ 1356
- Transferred§ 479a
- Lists of alien and citizen passengers arriving and departing§ 1221
- Prohibited acts B§ 842
- Licensing§ 923
- Definitions§ 921
- Definitions§ 1101
- Acquisition, preservation, and exchange of identification records and information; appointment of officials§ 534
- Relocation expenses of employees transferred or reemployed§ 5724a
- Adjustment of status of refugees§ 1159
- Asylum§ 1158
- Transferred§ 5603
- Transferred§ 5631
- Transferred§ 5632
- Transferred§ 5633
- Transferred§ 5654
- Transferred§ 5714b
- Repealed. Pub. L. 115–385, title IV, § 402(c)(2), Dec. 21, 2018, 132 Stat. 5160§ 5784
- Transferred§ 3791
- Advertisements not to be published without written authority§ 3702
- Administrative adjustment of claims§ 2672
- SHORT TITLE.§ 401
- Agency agreements§ 1535
- Spectrum management activities§ 903
- Universal service§ 254
- Transferred§ 3796h
- Fees§ 1113
- Patent fees; patent and trademark search systems§ 41
- Hollings Manufacturing Extension Partnership§ 278k
- Omitted§ 851
- Authorization of appropriations§ 883i
- Coastal Zone Management Fund§ 1456a
- Basic authority for performance of certain functions and activities of Department§ 1514
- Advances§ 3324
- Additional officers and employees§ 23
- Supervision and direction§ 541
- Office of Management and Budget§ 501
- International conventions§ 1126
- Definitions§ 9601
- Protection of jurors’ employment§ 1875
- Fees§ 1871
- Plan for random jury selection§ 1863
- Expenses of meetings§ 1345
- Retirement of bankruptcy judges and magistrate judges§ 377
- Annuities for survivors of certain judicial officials of the United States§ 376
- Retirement of judges of the Court of Federal Claims§ 178
- Nonimmigrant visa fees§ 1351
- Fees received for use of Blair House§ 2718
- Claims of personnel of agencies and the District of Columbia government for personal property damage or loss§ 3721
- Entertainment and representation expenses§ 4085
- Extraordinary protective services§ 4314
- Authorization§ 4851
- Nondiscretionary personnel costs, currency fluctuations, and other contingencies§ 2696
- Settlement of accounts§ 3526
- Emergency expenditures§ 2671
- Central Bureau of the International Map of the World on the Millionth Scale; authorization of appropriations§ 269a
- Congressional statement of purpose§ 2551
- Congressional statement of purpose§ 2451
- Congressional declaration of objectives§ 1431
- Authority of Secretary of State§ 1471
- Additional authority of Secretary of State or other Government agency authorized to administer provisions§ 1474
- Status and allowances of assigned personnel§ 1452
- Use of English-teaching program fees§ 1475e
- Appropriations§ 2455
- Authorization of activities§ 2452
- Repealed. Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(1), Oct. 21, 1998, 112 Stat. 2681–790§ 1477b
- Center for Cultural and Technical Interchange Between North and South§ 2075
- Administrative powers of Commission§ 2905
- Management of the Friendship Trust Fund§ 2906
- Overtime rates; computation§ 5542
- Minimum wage§ 206
- Contracts for collection services§ 3718
- Registration of securities§ 77f
- Transaction fees§ 78ee
- Declaration of policy§ 631
- Findings, purposes and policy§ 1801
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 469j
- Unlawful acts§ 922
- Pennsylvania§ 118
- Establishment and purposes of Foundation§ 3701
- Rights and obligations of Foundation§ 3703
- Congressional findings and declaration of policy§ 1361
- Establishment§ 1401
- Congressional findings and declaration of purposes and policy§ 1531
- Penalties§ 1375
- Definitions§ 11371
- Findings and purpose§ 11301
- Positions at level IV§ 5315
- Short title; findings; purposes§ 1400
- Definitions§ 1401
- Allotment percentage§ 706
- Tax exemption§ 151106
- Management of Bank§ 635a
- Congressional action on budgets of wholly owned Government corporations§ 9104
- Private and voluntary organizations and cooperatives in overseas development§ 2151u
- General provisions§ 2183
- Trade and Development Agency§ 2421
- Opposition by United States Executive Directors of international financial institutions to assistance for production or extraction of export commodities or minerals in surplus on world markets§ 262h
- Withholding of United States proportionate share for certain programs of international organizations§ 2227
- Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217§ 5814
- Leasing authority§ 2796
- Credit sales§ 2763
- Use of foreign currencies§ 2362
- Authority§ 2346
- Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities§ 1701
- Procurement for cash sales§ 2762
- Management of foreign affairs§ 2656
- Annual report to Congress on voting practices at United Nations§ 2414a
- Policy, general authorities, coordination, foreign police actions, definitions, and other provisions§ 2291
- Need for international defense cooperation and military export controls; Presidential waiver; report to Congress; arms sales policy§ 2751
- Stockpiling of defense articles for foreign countries§ 2321h
- Annual report by Chairman of National Advisory Council on International Monetary and Financial Policies§ 262r
- Exercise of functions§ 2381
- Congressional findings and declaration of policy§ 2151
- Travel and related expenses§ 4081
- Responsibility of Secretary of State§ 4802
- Chief of mission§ 3927
- Eligibility for defense services or defense articles§ 2753
- Reports and certifications to Congress on military exports§ 2776
- Alaska mineral resource assessment program§ 3150
- Employment and compensation of personnel to perform work occasioned by emergencies§ 1469
- Funds§ 1856d
- Definitions§ 1856
- Transferred§ 1181f
- Congressional declaration of policy§ 1701
- Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights§ 315
- Forfeitures and deposits§ 1735
- Government printing, binding, and blank-book work to be done at Government Publishing Office§ 501
- Use of fees collected for Federal migratory bird permits§ 718k
- Operation and maintenance fees for the M/V Tiglax and other vessels§ 746a
- Participation of local governments in revenue from areas administered by the United States Fish and Wildlife Service§ 715s
- Multinational Species Conservation Fund§ 4246
- Penalties and enforcement§ 4224
- Rewards§ 4225
- Provision of assistance§ 4211
- Permits§ 1374
- Establishment of John H. Chafee Coastal Barrier Resources System§ 3503
- Authorization of appropriations§ 1706
- Transferred or Omitted§ 470
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 470a
- Natchez Trace Parkway§ 460
- Lobbying with appropriated moneys§ 1913
- Director of United States Geological Survey§ 31
- Establishment and maintenance of program for exploration; financial assistance§ 641
- Duties of United States Bureau of Mines§ 3
- Materials development and research§ 98g
- Survey’s share of cost of topographic mapping or water resources investigations carried on with States§ 50
- Definitions§ 6302
- COUNCIL.§ 5
- Royalty terms and conditions, interest, and penalties§ 1721
- Authorization of appropriations§ 1302
- Penalties§ 1268
- Office of Surface Mining Reclamation and Enforcement§ 1211
- Abandoned Mine Reclamation Fund§ 1231
- Expenditure of appropriations by Bureau§ 13
- Transferred§ 450
- Declaration of policy§ 2501
- Administrative cost grants§ 2008
- Transferred§ 450j
- Accreditation for the basic education of Indian children in Bureau of Indian Affairs schools§ 2001
- Facilities construction§ 2005
- Duration of eligibility determination§ 2505
- Role of the Director§ 2508
- Transferred§ 452
- Islands of eastern Samoa§ 1661
- Auditing of transactions of territorial and local governments§ 1469b
- Hazard mitigation§ 5170c
- Responsibility of Secretary to account for daily and annual balances of Indian trust funds§ 4011
- Congressional declaration of goals and policy§ 1251
- Definitions§ 167
- Severance pay§ 5595
- Continued coverage§ 8905a
- Annual leave; accumulation§ 6304
- Acceptance of donations and bequests for Natural Resources Library§ 1473e
- Establishment§ 460o
- Disposal of lands for public or recreational purposes§ 869
- Restrictions on use of appropriated funds§ 3192a
- Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272§ 461
- Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved§ 181
- Transferred§ 458aa
- Transferred§ 458ff
- Sale of restricted lands; reinvestment in other restricted lands§ 409a
- Extent of System§ 1132
- Watershed restoration and enhancement agreements§ 1011
- Chickamauga and Chattanooga National Military Park§ 424
- Payment of royalties in oil or gas; sale of such oil or gas§ 192
- Federal purchase and disposition of oil and gas§ 1353
- Purpose§ 410rr
- Establishment; acquisition of land§ 410
- Working capital fund; establishment; uses; reimbursement§ 1467
- Boston Harbor Islands National Recreation Area§ 460kkk
- Establishment; statement of purposes§ 79a
- Revenue-producing visitor services§ 3197
- Definitions and declaration of policy§ 101
- Exchange of lands in national forests; public schools; deposit of funds by school authority with insufficient exchange land; limitations on use§ 484a
- Implementation of provisions§ 1643
- Purpose§ 558a
- Interchangeability of funds for miscellaneous expenses and general expenses§ 2257
- Recognition of private contributors to Forest Service programs§ 556h
- Rights-of-way for pipelines through Federal lands§ 185
- Use of money collected from States for fire suppression assistance§ 2106b
- Employment of workers for emergencies§ 554e
- Restitutionary amounts covered§ 4501
- Definitions§ 4507
- Congressional statement of purpose§ 6201
- Gifts for benefit of Service§ 238
- Health professions preparatory scholarship program for Indians§ 1613
- Sanitation facilities§ 2004a
- Disposal of unappropriated money§ 56
- GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.§ 104
- National Endowment for the Humanities§ 956
- Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant’s agent for execution of application and affidavits§ 29
- Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land§ 35
- Patents for nonmineral lands: application, survey, notice, acreage limitation, payment§ 42
- Definitions§ 9902
- Forest development roads: prohibition on credits; inclusion of construction costs in notice of sale; special election by small business concerns; construction standards; authorization of harvesting; treatment of road value§ 535a
- Forest development roads; acquisition, construction, and maintenance; maximum economy; methods of financing; cost arrangements for construction standards; transfer of unused effective purchaser credit for road construction§ 535
- Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments§ 500
- Timber sales on National Forest System lands§ 472a
- National Council on the Arts§ 955
- Environmental Improvement and Restoration Fund§ 1474d
- Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts§ 501
- Indemnity limits§ 974
- Sharing arrangements with Federal agencies§ 1645
- Identification and disbursement of restitutionary amounts§ 4502
- Commission funding§ 2717
- Definitions§ 3102
- Local and regional participation§ 3115
- Land acquisition§ 544g
- Gifts of property; acceptance and administration by Secretary of Agriculture; Federal tax law consideration; separate fund in Treasury; regulations§ 2269
- Recreation residence fees§ 497d
- Use of Forest Service structures or improvements and land by public and private agencies, etc.; terms§ 580d
- Forest health protection§ 2104
- Reforestation; establishment of forest tree nurseries; tree planting; seed sowing and forest improvement work§ 576
- Deposits from timber purchasers to defray cost of disposing of debris§ 490
- Cooperative work agreements: disposal of moneys received; refund of excess; payment from appropriation; conflict of interest§ 498
- Purchasers of national-forest timber; deposits of money in addition to payments for timber; use of deposits; seedlings and young trees for burned-over areas in national parks§ 576b
- Rights of entrymen of lands subsequently classified as coal lands; disposal of coal deposits§ 81
- Homestead or desert-land and other entries§ 83
- Establishment of scenic area§ 544b
- Columbia River Gorge National Scenic Area; definitions§ 544
- Board of Regents; members§ 42
- Indian Arts and Crafts Board; creation and composition; per diem payments§ 305
- Indian Arts and Crafts Board art collection§ 305f
- Military Veterans Agricultural Liaison§ 6919
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- National Forest System land and resource management plans§ 1604
- Congressional findings§ 6901
- Congressional findings and declaration of purpose§ 7401
- Definitions§ 136
- Findings, policy, and intent§ 2601
- Definitions§ 300f
- Examination, location, and purchase of forested, cut-over, or denuded lands; consent of State legislature to acquisition of land by the United States§ 515
- Protection of national forests; rules and regulations§ 551
- Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations§ 873
- Arrests by employees of Forest Service for violations of laws and regulations§ 559
- National recreation trails; establishment and designation; prerequisites§ 1243
- Creation; short title§ 831
- Kelly Butte Special Management Area§ 539k
- Gifts, bequests, and contributions§ 1135
- Exchanges of public lands or interests therein within the National Forest System§ 1716
- Transferred§ 450f
- Transferred§ 450b
- Penalty mail§ 3202
- Collection of data§ 211
- Congressional statement of purpose§ 1801
- Short title§ 901
- Training and employee education§ 670
- Credit of receipts§ 9a
- Statistics§ 673
- Acceptance of contributions and prosecution of projects; cooperative programs to promote health and safety education and training; recognition and funding of Joseph A. Holmes Safety Association; use of funds for costs of mine rescue and survival operations§ 962
- Review of compensation orders§ 921
- Congressional findings and declaration of purpose; short title§ 901
- Grants to States§ 603
- Contract authority§ 238k
- Benefits in case of members of uniformed services§ 429
- Gifts and donations§ 3015
- Organization of National Institutes of Health§ 281
- Allotments§ 1397b
- Payments relating to Federal acquisition of real property§ 7702
- Annual appropriations§ 101
- Continuation of Gallaudet College as Gallaudet University§ 4301
- Federal Pell Grants: amount and determinations; applications§ 1070a
- Annual report of president and directors§ 121
- Joint funding of programs§ 1231
- Prohibition on federally sponsored testing§ 1232j
- Assistance to plant, area, and industrywide labor management committees§ 175a
- Congressional findings and declaration of purpose§ 801
- Definitions§ 152
- Definitions§ 203
- Occupational Safety and Health Review Commission§ 661
- Railroad Retirement Board§ 231f
- Application§ 1301
- Fetal research§ 289g
- Schedules of controlled substances§ 812
- Muscular dystrophy; initiative through Director of National Institutes of Health§ 283g
- Annual admission of refugees and admission of emergency situation refugees§ 1157
- Adjustment of status of nonimmigrant to that of person admitted for permanent residence§ 1255
- Allotments§ 1397dd
- National coordinator on nonproliferation§ 2351
- Lump sum payments§ 231e
- State plans for medical assistance§ 1396a
- Purpose§ 6601
- Program authorized§ 6661
- Authorization of appropriations§ 6603
- Innovative approaches to literacy§ 6646
- State option to conduct assessment system audit§ 6362
- Allotment of appropriated funds§ 6363
- Statement of purpose; program authorization§ 1070
- Repealed. Pub. L. 107–279, title IV, § 403(2), Nov. 5, 2002, 116 Stat. 1985§ 6041
- Repealed. Pub. L. 105–277, div. A, § 101(f) [title VIII, § 301(c)(4)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–410§ 8371
- Repealed. Pub. L. 105–277, div. A, § 101(f) [title VIII, § 301(d)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–410§ 13792
- Repealed. Pub. L. 107–110, title X, § 1011(4)(B), Jan. 8, 2002, 115 Stat. 1986§ 5951
- Findings§ 2701
- Findings; purpose; policy§ 701
- Definitions§ 705
- Carryover§ 716
- Client assistance information§ 717
- Traditionally underserved populations§ 718
- State allotments§ 730
- Payments to States§ 731
- Client assistance program§ 732
- Vocational rehabilitation services grants§ 741
- Disability, Independent Living, and Rehabilitation Research Advisory Council§ 765
- Purpose§ 795g
- Allotments§ 795h
- Availability of services§ 795i
- Eligibility§ 795j
- State plan§ 795k
- Savings provision§ 795m
- Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities§ 795n
- Nonduplication§ 707
- State plans§ 721
- Eligibility and individualized plan for employment§ 722
- State Rehabilitation Council§ 725
- United States Employment Service established§ 49
- Older American community service employment program§ 3056
- Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847§ 791
- Repealed. Pub. L. 105–220, title I, § 199(b)(1), Aug. 7, 1998, 112 Stat. 1059§ 11421
- Eligible households§ 2014
- Eligibility disqualifications§ 2015
- Research, demonstration, and evaluations§ 2026
- Five-year limited eligibility of qualified aliens for Federal means-tested public benefit§ 1613
- Requirements for sponsor’s affidavit of support§ 1183a
- Authorization for programs for domestic resettlement of and assistance to refugees§ 1522
- Military base reuse studies and community planning assistance§ 2391
- Employment assistance§ 1143
- Renumbered § 4811]§ 2501
- Environmental restoration program§ 2701
- Base closures and realignments§ 2687
- Additional powers§ 636
- Medium-term economic goals and policies respecting full employment and balanced growth§ 1022a
- Job training, counseling and reservoirs of employment projects§ 3116
- Nondiscrimination§ 3151
- Training§ 2296
- Agreements with States§ 2311
- Transfers from Department of Labor§ 3443
- State plan and State agency applications§ 6434
- Local educational agency applications§ 6453
- Program requirements for correctional facilities receiving funds under this section§ 6455
- Limitations on defense conversion authorities§ 5855
- Approval of State laws§ 3304
- Repealed. Pub. L. 105–220, title I, § 199(b)(2), Aug. 7, 1998, 112 Stat. 1059§ 1721
- Notice required before plant closings and mass layoffs§ 2102
- Definitions§ 4101
- Federal agency consultation§ 3013
- Administration§ 3056a
- Eligibility for workforce investment activities§ 3056h
- Transferred§ 3796ee
- Utilization of talents of older Americans in projects of pollution prevention, abatement, and control§ 4368a
- Selection and assignment of volunteers§ 4953
- Repealed. Pub. L. 111–13, title II, § 2104, Apr. 21, 2009, 123 Stat. 1583§ 4959
- Regulations§ 6103
- Financial assistance§ 6864
- Availability of labor§ 6873
- Establishment and scope of programs§ 9806
- General definition of homeless individual§ 11302
- Nonduplication and nondisplacement§ 12637
- REQUIREMENT FOR CLINICAL TRIALS.§ 301
- Silver Scholarships and Encore Fellowships§ 12653c
- Joint programs§ 12655m
- Transferred§ 13823
- Definitions§ 1087vv
- Order of retention§ 3502
- Standards relating to benefits for mothers and newborns§ 1185
- Required coverage for reconstructive surgery following mastectomies§ 1185b
- Congressional findings and declaration of policy§ 1001
- Minority Resource Center§ 332
- Old-age and survivors insurance benefit payments§ 402
- Pay for Sunday and holiday work§ 5546
- Revolving fund§ 44307
- Administrative§ 40113
- Apportionment§ 104
- Toll roads, bridges, tunnels, and ferries§ 129
- Highway safety improvement program§ 148
- Cooperation with Federal and State agencies and foreign countries§ 308
- Motor carrier safety assistance program§ 31102
- Highway safety research and development§ 403
- Highway safety programs§ 402
- National priority safety programs§ 405
- Urbanized area formula grants§ 5307
- Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]§ 5308
- University transportation centers program§ 5505
- Metropolitan transportation planning§ 5303
- Formula grants for rural areas§ 5311
- Private sector participation§ 5315
- Repealed. Pub. L. 114–94, div. A, title III, § 3030(b), Dec. 4, 2015, 129 Stat. 1496]§ 5313
- Technical assistance and workforce development§ 5314
- Fixed guideway capital investment grants§ 5309
- Authorizations§ 5338
- Registration§ 5108
- State pipeline safety grants§ 60107
- User fees§ 60301
- Judicial review§ 5127
- Planning and training grants, monitoring, and review§ 5116
- Federal Aviation Administration§ 106
- Purpose§ 7701
- General facilities and personnel authority§ 44502
- State participation§ 20105
- Definitions§ 32901
- Liability for damages§ 1653
- Essential air service authorization§ 41742
- Surface transportation research, development, and technology§ 502
- Transferred§ 3771
- Penalties§ 924
- Exceptions: Relief from disabilities§ 925
- Fees for certain customs services§ 58c
- Undercover investigative operations of Customs Service§ 2081
- Omitted§ 261
- Fiscal Service§ 306
- Reimbursement for penalty mail service§ 3206
- Commissioner of Internal Revenue; other officials§ 7803
- Congressional findings and declaration of purpose§ 1692
- Confidentiality and disclosure of returns and return information§ 6103
- DEPARTMENT OF THE TREASURY KLEPTOCRACY ASSET RECOVERY REWARDS PILOT PROGRAM.§ 9703
- Uniform allowances§ 5901
- General provisions§ 4308
- Prohibitions against furnishing assistance§ 2370
- Exceptions to the immunity from attachment or execution§ 1610
- General duties§ 403
- Compensation of the President§ 102
statutes-at-large
- Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2001, and for other purposesPublic Law 106–377
- /statutes-at-large/vol-49/private-law-436Private Law 436
- To facilitate the transfer of land in the State of Alaska, and for other purposesPublic Law 108–452
- To amend the Indian Self-Determination and Education Assistance Act to extend for two months the authority for promulgating regulations under the ActPublic Law 104–133
- To revise and clarify the authority of the Administrator of General Services relating to the acquisition and management of certain property in the city of New YorkPublic Law 101–156
- /statutes-at-large/vol-46/chapter-389Chapter 389
- /statutes-at-large/vol-50/public-law-166Public Law 166
- Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1992, and for other purposesPublic Law 102–140
- To continue in effect any authority provided under the Department of Justice Appropriation Authorization Act, Fiscal Year 1980, for a certain period, and for other purposesPublic Law 97–76
- /statutes-at-large/vol-105/reorganization-plan-p561Reorganization Plan
- /statutes-at-large/vol-72/public-law-85-451Public Law 85–451
- to establish a District of Columbia Armory Board, and for other purposes”, approved June 4, 1948 (DPublic Law 85–300
- Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1991, and for other purposesPublic Law 101–518
- /statutes-at-large/vol-78/public-law-88-622Public Law 88–622
- /statutes-at-large/vol-74/public-law-86-736Public Law 86–736
- /statutes-at-large/vol-99/public-law-99-176Public Law 99–176
- To amend the District of Columbia Self-Government and Governmental Reorganization Act to increase the amount authorized to be appropriated as the annual Federal payment to the District of ColumbiaPublic Law 98–316
- /statutes-at-large/vol-75/public-law-87-293Public Law 87–293
- Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1977, and for other purposesPublic Law 94–373
- /statutes-at-large/vol-46/chapter-375-6342503Chapter 375
- To transfer the Dillon Ranger District in the Arapaho National Forest to the White River National Forest in the State of ColoradoPublic Law 105–77
- /statutes-at-large/vol-46/chapter-417Chapter 417
- /statutes-at-large/vol-49/public-law-538Public Law 538
- /statutes-at-large/vol-111/public-law-105-1Public Law 105–1
1156 references not yet in our index
- Pub. L. 105-276
- 43 Stat. 122
- 76 Stat. 1198
- Pub. L. 98-77
- 70 Stat. 887
- 72 Stat. 487
- 5 USC 5901–5902
- Pub. L. 105-33
- 38 USC 1729A
- Pub. L. 102-54
- 36 USC 2400
- 38 USC 8131–8137
- 5 USC 7901–7904
- 42 USC 5141–5204
- Pub. L. 100-86
- Pub. L. 103-124
- Pub. L. 103-327
- Pub. L. 104-204
- Pub. L. 105-65
- 111 Stat. 1351
- 42 USC 11901–11908
- 42 USC 11921–11925
- Pub. L. 104-330
- 106 Stat. 3739
- Pub. L. 103-120
- Pub. L. 104-19
- 109 Stat. 253
- Pub. L. 101-625
- 42 USC 14371
- Pub. L. 100-628
- 102 Stat. 3224
- 42 USC 14371(q)(1)
- Pub. L. 105-174
- 12 USC 17154
- Pub. L. 102-389
- 5 USC 112
- 42 USC 12661
- 38 USC 7251–7298
- Pub. L. 102-229
- Pub. L. 101-508
+ 1116 more
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cites case law
Public Law 105–276
Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
F. Supp.989 F. Supp. 8
Pub. L.Pub. L. 105-276
Stat.43 Stat. 122
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