[DOCID: f:publ277.105]
[[Page 112 STAT. 2681]]
*Public Law 105-277
105th Congress
An Act
Making omnibus consolidated and emergency appropriations for the fiscal
year ending September 30, 1999, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in <> Congress assembled,
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the several departments,
agencies, corporations and other organizational units of the Government
for the fiscal year 1999, and for other purposes, namely:
Sec. 101. (a) For programs, projects or activities in the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this amount,
along with any unobligated balances of representation funds in the
Foreign Agricultural Service, shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary: Provided further, That none of the funds appropriated
or otherwise made available by this Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to carry out
section 793(c)(1)(C) of Public Law 104-127: Provided further, That none
of the funds made available by this Act may be used to enforce section
793(d) of Public Law 104-127.
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*Note: This is a typeset print of the original hand enrollment as
signed by the President on October 21, 1998. The text is printed without
corrections.
112 STAT. 2681-
112 STAT. 2681-
112 STAT. 2681-
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
[[Page 112 STAT. 2681-1]]
Executive Operations
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $5,620,000.
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $6,120,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $5,551,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $4,283,000: Provided,
That the Chief Financial Officer shall actively market cross-servicing
activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services
[[Page 112 STAT. 2681-2]]
to the Department of Agriculture under 40 U.S.C. 486, for programs and
activities of the Department which are included in this Act, and for the
operation, maintenance, and repair of Agriculture buildings,
$132,184,000: Provided, That in the event an agency within the
Department should require modification of space needs, the Secretary of
Agriculture may transfer a share of that agency's appropriation made
available by this Act to this appropriation, or may transfer a share of
this appropriation to that agency's appropriation, but such transfers
shall not exceed 5 percent of the funds made available for space rental
and related costs to or from this account. In addition, for
construction, repair, improvement, extension, alteration, and purchase
of fixed equipment or facilities as necessary to carry out the programs
of the Department, where not otherwise provided, $5,000,000, to remain
available until expended; making a total appropriation of $137,184,000.
Hazardous Waste Management
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery Act,
42 U.S.C. 6961, $15,700,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
For Departmental Administration, $32,168,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of the
Department, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
[[Page 112 STAT. 2681-3]]
Office of the Assistant Secretary for Congressional Relations
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,668,000: Provided, That no other
funds appropriated to the Department by this Act shall be available to
the Department for support of activities of congressional relations:
Provided further, That not less than $2,241,000 shall be transferred to
agencies funded by this Act to maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $8,138,000,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 shall be available for employment under 5 U.S.C. 3109, and not
to exceed $2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
Act of 1978, $65,128,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including a sum not to exceed $50,000 for employment under 5
U.S.C. 3109; and including a sum not to exceed $100,000 for certain
confidential operational expenses, including the payment of informants,
to be expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 <> of Public Law
97-98: Provided, That for fiscal year 1999 and thereafter, funds
transferred to the Office of the Inspector General through forfeiture
proceedings or from the Department of Justice Assets Forfeiture Fund or
the Department of the Treasury Forfeiture Fund, as a participating
agency, as an equitable share from the forfeiture of property in
investigations in which the Office of the Inspector General
participates, or through the granting of a Petition for Remission or
Mitigation, shall be deposited to the credit of this account for law
enforcement activities authorized under the Inspector General Act of
1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$29,194,000.
[[Page 112 STAT. 2681-4]]
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$540,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$65,757,000: Provided, That $2,000,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: Provided further,
That this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the Census of
Agriculture Act of 1997 (Public Law 105-113), and other laws,
$103,964,000, of which up to $23,599,000 shall be available until
expended for the Census of Agriculture: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $40,000 shall be available for employment under 5
U.S.C. 3109.
Agricultural Research Service
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percentof
the total value of the land or interests transferred out of Federal
ownership, $785,518,000: Provided, That appropriations hereunder shall
be available for temporary employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
<> Provided further, That appropriations hereunder
shall be available for the
[[Page 112 STAT. 2681-5]]
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $250,000, except for headhouses or greenhouses which
shall each be limited to $1,000,000, and except for ten buildings to be
constructed or improved at a cost not to exceed $500,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$250,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center, including an
easement to the University of Maryland to construct the Transgenic
Animal Facility which upon completion shall be accepted by the Secretary
as a gift: Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act of April
24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received
from any State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $56,437,000, to
remain available until expended (7 U.S.C. 2209b): Provided, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing any research
facility of the Agricultural Research Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $180,545,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $29,676,000 for
[[Page 112 STAT. 2681-6]]
payments to the 1890 land-grant colleges, including Tuskegee University
(7 U.S.C. 3222); $63,116,000 for special grants for agricultural
research (7 U.S.C. 450i(c)); $15,048,000 for special grants for
agricultural research on improved pest control (7 U.S.C. 450i(c));
$119,300,000 for competitive research grants (7 U.S.C. 450i(b));
$5,109,000 for the support of animal health and disease programs (7
U.S.C. 3195); $750,000 for supplemental and alternative crops and
products (7 U.S.C. 3319d); $600,000 for grants for research pursuant to
the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and
section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), to
remain available until expended; $3,000,000 for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), to remain available
until expended (7 U.S.C. 2209b); $4,350,000 for higher education
challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000 for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241); $500,000 for a secondary agriculture education program and two-
year postsecondary education (7 U.S.C. 3152 (h)); $4,000,000 for
aquaculture grants (7 U.S.C. 3322); $8,000,000 for sustainable
agriculture research and education (7 U.S.C. 5811); $9,200,000 for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321-326 and 328), including Tuskegee University, to remain available
until expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382; and
$10,688,000 for necessary expenses of Research and Education Activities,
of which not to exceed $100,000 shall be for employment under 5 U.S.C.
3109; in all, $481,216,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under section
208(c) of Public Law 93-471, for retirement and employees' compensation
costs for extension agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $276,548,000; payments
for extension work at the 1994 Institutions under the Smith-Lever Act (7
U.S.C. 343(b)(3)), $2,060,000; payments for the nutrition and family
education program for low-income areas under section 3(d) of the Act,
$58,695,000; payments for the pest management program under section 3(d)
of the Act, $10,783,000; payments for the farm safety program under
section 3(d) of the Act, $3,000,000; payments for the pesticide impact
assessment program under section 3(d) of the Act, $3,214,000; payments
to upgrade research, extension, and
[[Page 112 STAT. 2681-7]]
teaching facilities at the 1890 land-grant colleges, including Tuskegee
University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C.
3222b), $8,426,000, to remain available until expended; payments for the
rural development centers under section 3(d) of the Act, $908,000;
payments for a groundwater quality program under section 3(d) of the
Act, $9,561,000; payments for youth-at-risk programs under section 3(d)
of the Act, $9,000,000; payments for a food safety program under section
3(d) of the Act, $7,365,000; payments for carrying out the provisions of
the Renewable Resources Extension Act of 1978, $3,192,000; payments for
Indian reservation agents under section 3(d) of the Act, $1,714,000;
payments for sustainable agriculture programs under section 3(d) of the
Act, $3,309,000; payments for rural health and safety education as
authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note,
2662), $2,628,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-
326 and 328) and Tuskegee University, $25,843,000; and for Federal
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and
to coordinate and provide program leadership for the extension work of
the Department and the several States and insular possessions,
$11,741,000; in all, $437,987,000: Provided, That funds hereby
appropriated pursuant to section 3(c) of the Act of June 26, 1953, and
section 506 of the Act of June 23, 1972, shall not be paid to any State,
the District of Columbia, Puerto Rico, Guam, or the Virgin Islands,
Micronesia, Northern Marianas, and American Samoa prior to availability
of an equal sum from non-Federal sources for expenditure during the
current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Assistant
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, the Agricultural Marketing Service, and the Grain
Inspection, Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the Act
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the
environment, as authorized by law, $425,803,000, of which $4,105,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency conditions: Provided, That no
funds shall be used to formulate or
[[Page 112 STAT. 2681-8]]
administer a brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be available
for field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000
shall be available for employment under 5 U.S.C. 3109: Provided further,
That this appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four, of which
two shall be for replacement only: Provided further, That, in addition,
in emergencies which <> threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with the Act of February 28,
1947, and section 102 of the Act of September 21, 1944, and any
unexpended balances of funds transferred for such emergency purposes in
the next preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 1999, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
1999, $88,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $7,700,000, to
remain available until expended.
Agricultural Marketing Service
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, including field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000
[[Page 112 STAT. 2681-9]]
for employment under 5 U.S.C. 3109, $48,831,000, including funds for the
wholesale market development program for the design and development of
wholesale and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
Not to exceed $60,730,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Appropriations Committees.
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $10,998,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,200,000.
Grain Inspection, Packers and Stockyards Administration
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, including field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment under 5
U.S.C. 3109, $26,787,000: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
[[Page 112 STAT. 2681-10]]
Not to exceed $42,557,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the
Appropriations Committees.
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $616,986,000, and in addition,
$1,000,000 may be credited to this account from fees collected for the
cost of laboratory accreditation as authorized by section 1017 of Public
Law 102-237: Provided, That this appropriation shall not be available
for shell egg surveillance under section 5(d) of the Egg Products
Inspection Act (21 U.S.C. 1034(d)): Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $75,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $572,000.
Farm Service Agency
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$714,499,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That these funds shall be
available for employment
[[Page 112 STAT. 2681-11]]
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall be available
for employment under 5 U.S.C. 3109.
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987 (7 U.S.C. 5101-5106), $2,000,000.
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government, and
in making indemnity payments for milk, or cows producing such milk, at a
fair market value to any dairy farmer who is directed to remove his milk
from commercial markets because of: (1) the presence of products of
nuclear radiation or fallout if such contamination is not due to the
fault of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13, 1968 (7
U.S.C. 450j), if such chemicals or toxic substances were not used in a
manner contrary to applicable regulations or labeling instructions
provided at the time of use and the contamination is not due to the
fault of the farmer, $450,000, to remain available until expended (7
U.S.C. 2209b): Provided, That none of the funds contained in this Act
shall be used to make indemnity payments to any farmer whose milk was
removed from commercial markets as a result of the farmer's willful
failure to follow procedures prescribed by the Federal Government:
Provided further, That this amount shall be transferred to the Commodity
Credit Corporation: Provided further, That the Secretary is authorized
to utilize the services, facilities, and authorities of the Commodity
Credit Corporation for the purpose of making dairy indemnity
disbursements.
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available
from funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $510,682,000, of which $425,031,000 shall be for
guaranteed loans; operating loans, $1,648,276,000, of which $948,276,000
shall be for unsubsidized guaranteed loans and $200,000,000 shall be for
subsidized guaranteed loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $1,000,000; for emergency insured loans,
$25,000,000 to meet the needs resulting from natural disasters; and for
boll weevil eradication program loans as authorized by 7 U.S.C. 1989,
$100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $19,580,000, of which
$6,758,000 shall be for guaranteed loans; operating loans, $62,630,000,
of which $11,000,000 shall be for
[[Page 112 STAT. 2681-12]]
unsubsidized guaranteed loans and $17,480,000 shall be for subsidized
guaranteed loans; Indian tribe land acquisition loans as authorized by
25 U.S.C. 488, $153,000; for emergency insured loans, $5,900,000 to meet
the needs resulting from natural disasters; and for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $219,861,000, of which $209,861,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$64,000,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
For fiscal year 1999, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed (estimated to be $8,439,000,000 in the President's
fiscal year 1999 Budget Request (H. Doc. 105-177)), but not to exceed
$8,439,000,000, pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
For fiscal year 1999, the Commodity Credit Corporation shall not
expend more than $5,000,000 for expenses to comply with the requirement
of section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of
the Resource Conservation and Recovery Act, 42 U.S.C. 6961: Provided,
That expenses shall be for operations and maintenance costs only and
that other hazardous waste management costs shall be paid for by the
USDA Hazardous Waste Management appropriation in this Act.
[[Page 112 STAT. 2681-13]]
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $693,000.
Natural Resources Conservation Service
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$641,243,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,025,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement
of buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a: Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
no part of this appropriation may be expended for soil and water
conservation operations under the Act of April 27, 1935 in demonstration
projects: Provided further, That this appropriation shall be available
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
qualified local engineers may be temporarily employed at per diem rates
to perform the technical planning work of the Service (16 U.S.C. 590e-
2).
[[Page 112 STAT. 2681-14]]
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,368,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$110,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C.
590a-f), and in accordance with the provisions of laws relating to the
activities of the Department, $99,443,000, to remain available until
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to
exceed $47,000,000 of this appropriation shall be available for
technical assistance: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$200,000 shall be available for employment under 5 U.S.C. 3109: Provided
further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607), the Act of April 27, 1935
(16 U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $35,000,000, to remain available until expended (7 U.S.C.
2209b): Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
[[Page 112 STAT. 2681-15]]
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $588,000.
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for sections
381E-H, 381N, and 381O of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009f), $722,686,000, to remain available until expended,
of which $29,786,000 shall be for rural community programs described in
section 381E(d)(1) of the Consolidated Farm and Rural Development Act;
of which $645,007,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act, as provided in 7 U.S.C.
1926(a) and 7 U.S.C. 1926C; and of which $47,893,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the amount appropriated for
the rural business and cooperative development programs, not to exceed
$500,000 shall be made available for a grant to a qualified national
organization to provide technical assistance for rural transportation in
order to promote economic development: Provided further, That not to
exceed $16,215,000 shall be for technical assistance grants for rural
waste systems pursuant to section 306(a)(14) of such Act; and not to
exceed $5,300,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $33,926,000 shall be available
through June 30, 1999, for empowerment zones and enterprise communities,
as authorized by Public Law 103-66, of which $1,844,000 shall be for
rural community programs described in section 381E(d)(1) of such Act; of
which $23,948,000 shall be for the rural utilities programs described in
section 381E(d)(2) of such Act; of which $8,134,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act.
Rural Housing Service
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$3,965,313,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $3,000,000,000 shall be
[[Page 112 STAT. 2681-16]]
for unsubsidized guaranteed loans; $25,001,000 for section 504 housing
repair loans; $100,000,000 for section 538 guaranteed multi-family
housing loans; $20,000,000 for section 514 farm labor housing;
$114,321,000 for section 515 rental housing; $5,152,000 for section 524
site loans; $16,930,000 for credit sales of acquired property, of which
up to $5,001,000 may be for multi-family credit sales; and $5,000,000
for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $116,800,000, of which
$2,700,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $8,808,000; section 538 multi-family housing
guaranteed loans, $2,320,000; section 514 farm labor housing,
$10,406,000; section 515 rental housing, $55,160,000; section 524 site
loans, $17,000; credit sales of acquired property, $3,492,000, of which
up to $2,416,000 may be for multi-family credit sales; and section 523
self-help housing land development loans, $282,000: Provided, That of
the total amount appropriated in this paragraph, $10,380,000 shall be
for empowerment zones and enterprise communities, as authorized by
Public Law 103-66: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes under
this head.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $360,785,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses''.
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $583,397,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, not more than $5,900,000 shall be
available for debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to exceed $10,000
per project for advances to nonprofit organizations or public agencies
to cover direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during fiscal year 1999 shall be
funded for a five-year period, although the life of any such agreement
may be extended to fully utilize amounts obligated.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be for empowerment zones and enterprise
communities, as authorized by Public Law
[[Page 112 STAT. 2681-17]]
103-66: Provided further, That if such funds are not obligated for
empowerment zones and enterprise communities by June 30, 1999, they
shall remain available for other authorized purposes under this head.
For grants and contracts for housing for domestic farm labor, very
low-income housing repair, supervisory and technical assistance,
compensation for construction defects, and rural housing preservation
made by the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1486, 1490e, and 1490m, $41,000,000, to remain available until
expended: Provided, That of the total amount appropriated, $1,200,000
shall be for empowerment zones and enterprise communities, as authorized
by Public Law 103-66: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes under
this head.
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and Rural
Development Act, title V of the Housing Act of 1949, and cooperative
agreements, $60,978,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$520,000 may be used for employment under 5 U.S.C. 3109: Provided
further, That the Administrator may expend not more than $10,000 to
provide modest nonmonetary awards to non-USDA employees.
Rural Business-Cooperative Service
For the cost of direct loans, $16,615,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans of $33,000,000: Provided
further, That through June 30, 1999, of the total amount appropriated,
$3,215,520 shall be available for the cost of direct loans for
empowerment zones and enterprise communities, as authorized by title
XIII of the Omnibus Budget Reconciliation Act of 1993, to subsidize
gross obligations for the principal amount of direct loans, $7,246,000:
Provided further, That if such funds are not obligated for empowerment
zones and enterprise communities by June 30, 1999, they shall remain
available for other authorized purposes under this head.
In addition, for administrative expenses to carry out the direct
loan programs, $3,482,000 shall be transferred to and merged with the
appropriation for ``Rural Business-Cooperative Service, Salaries and
Expenses''.
[[Page 112 STAT. 2681-18]]
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,783,000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 1999, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,783,000 shall not be obligated and
$3,783,000 are rescinded.
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $3,300,000, of which $1,300,000 shall be available for
cooperative agreements for the appropriate technology transfer for rural
areas program and $250,000 shall be available for an agribusiness and
cooperative development program.
For necessary expenses of the Rural Business-Cooperative Service,
including administering the programs authorized by the Consolidated Farm
and Rural Development Act; section 1323 of the Food Security Act of
1985; the Cooperative Marketing Act of 1926; for activities relating to
the marketing aspects of cooperatives, including economic research
findings, as authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and operation of
agricultural cooperatives; and for cooperative agreements; $25,680,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $260,000 may be used for
employment under 5 U.S.C. 3109.
Alternative Agricultural Research and Commercialization Corporation
Revolving Fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
$3,500,000 is appropriated to the Alternative Agricultural Research and
Commercialization Corporation Revolving Fund.
Rural Utilities Service
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $71,500,000; 5
[[Page 112 STAT. 2681-19]]
percent rural telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that Act,
rural electric, $700,000,000 and rural telecommunications, $120,000,000,
to remain available until expended.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936), as follows: cost of direct loans, $16,667,000; cost
of municipal rate loans, $25,842,000; cost of money rural
telecommunications loans, $810,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $29,982,000, which shall be
transferred to and merged with the appropriation for ``Rural Utilities
Service, Salaries and Expenses''.
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 1999 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $157,509,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$4,174,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,000,000, which shall be transferred to and merged with
the appropriation for ``Rural Utilities Service, Salaries and
Expenses''.
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $12,680,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That the costs of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification Act
of 1936, and the Consolidated Farm and Rural Development Act, and for
cooperative agreements, $33,000,000: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $105,000 may be used for employment under 5 U.S.C. 3109.
[[Page 112 STAT. 2681-20]]
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$554,000.
Food and Nutrition Service
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$9,176,897,000, to remain available through September 30, 2000, of which
$4,128,747,000 is hereby appropriated and $5,048,150,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $4,300,000 shall be available for
independent verification of school food service claims: Provided
further, That none of the funds under this heading shall be available
unless the value of bonus commodities provided under section 32 of the
Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c), and
section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) is included
in meeting the minimum commodity assistance requirement of section 6(g)
of the National School Lunch Act (42 U.S.C. 1755(g)).
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $3,924,000,000, to remain available through
September 30, 2000: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the total amount available, the Secretary shall
obligate $10,000,000 for the farmers' market nutrition program within 45
days of the enactment of this Act, and an additional $5,000,000 for the
farmers' market nutrition program from any funds not needed to maintain
current caseload levels: Provided further, That none of the funds in
this Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of prohibiting
smoking within the space used to carry out the program: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of the Child Nutrition Act of 1966: Provided further, That
State agencies required to procure infant formula using a competitive
bidding system may use funds appropriated by this Act to
[[Page 112 STAT. 2681-21]]
purchase infant formula under a cost containment contract entered into
after September 30, 1996, only if the contract was awarded to the bidder
offering the lowest net price, as defined by section 17(b)(20) of the
Child Nutrition Act of 1966, unless the State agency demonstrates to the
satisfaction of the Secretary that the weighted average retail price for
different brands of infant formula in the State does not vary by more
than 5 percent.
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $22,585,106,000, of which $100,000,000 shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That none of the
funds made available under this head shall be used for studies and
evaluations: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this head shall remain available until expended, as authorized by
section 16(h)(1) of the Food Stamp Act.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food
Assistance Act of 1983, $131,000,000, to remain available through
September 30, 2000: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note), and section
311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), $141,081,000,
to remain available through September 30, 2000.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $108,561,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance in the prevention, identification, and prosecution of fraud
and other violations of law and of which $2,000,000 shall be available
for obligation only after promulgation of a final rule to curb vendor
related fraud: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be
available for employment under 5 U.S.C. 3109.
[[Page 112 STAT. 2681-22]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service and General Sales Manager
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to sacoordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $128,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $136,203,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1736) and the foreign assistance programs
of the International Development Cooperation Administration (22 U.S.C.
2392).
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1691, 1701-1704, 1721-1726a, 1727-1727e, 1731-1736g-3,
and 1737), as follows: (1) $203,475,000 for Public Law 480 title I
credit, including Food for Progress programs; (2) $16,249,000 is hereby
appropriated for ocean freight differential costs for the shipment of
agricultural commodities pursuant to title I of said Act and the Food
for Progress Act of 1985; (3) $837,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title II of said Act; and (4) $25,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title III of said Act: Provided, That not to exceed 15 percent of the
funds made available to carry out any title of said Act may be used to
carry out any other title of said Act: Provided further, That such sums
shall remain available until expended (7 U.S.C. 2209b).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct credit agreements as authorized by the
Agricultural Trade Development and Assistance Act of 1954, and the Food
for Progress Act of 1985, including the cost of modifying credit
agreements under said Act, $176,596,000.
In addition, for administrative expenses to carry out the Public Law
480 title I credit program, and the Food for Progress Act of 1985, to
the extent funds appropriated for Public Law 480 are utilized,
$1,850,000, of which $1,035,000 may be transferredto and merged with the
appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $815,000 may be transferred
[[Page 112 STAT. 2681-23]]
to and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,231,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service and General Sales Manager'' and $589,000 may be
transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; $1,103,140,000, of which not to exceed
$132,273,000 in fees pursuant to section 736 of the Federal Food, Drug,
and Cosmetic Act may be credited to this appropriation and remain
available until expended: Provided, That fees derived from applications
received during fiscal year 1999 shall be subject to the fiscal year
1999 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $231,580,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs, of which, and notwithstanding section 409(h)(5)(A)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), an
amount of $500,000 shall be made available for the development of
systems, regulations, and pilot programs, if any, that would be required
to permit full implementation, consistent with section 409(h)(5) of that
Act, in fiscal year 2000 of the food contact substance notification
program under section 409(h) of such Act; (2) $291,981,000 shall be for
the Center for Drug Evaluation and Research and related field activities
in the Officeof Regulatory Affairs; (3) $125,095,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office
[[Page 112 STAT. 2681-24]]
of Regulatory Affairs; (4) $41,973,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $145,736,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $31,579,000 shall be for the National Center
for Toxicological Research; (7) $34,000,000 shall be for the Office of
Tobacco; (8) $25,855,000 shall be for Rent and Related activities, other
than the amounts paid to the General Services Administration; (9)
$88,294,000 shall be for payments to the General Services Administration
for rent and related costs; and (10) $87,047,000 shall be for other
activities, including the Office of the Commissioner, the Office of
Policy, the Office of External Affairs, the Office of Operations, the
Office of Management and Systems, and central services for these
offices: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committee
on Appropriations of both Houses of Congress.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available until
expended.
In addition, fees pursuant to section 801 of the Federal Food, Drug,
and Cosmetic Act may be credited to this account, to remain available
until expended.
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $11,350,000, to
remain available until expended (7 U.S.C. 2209b).
DEPARTMENT OF THE TREASURY
Financial Management Service
For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as authorized
by section 6.28(c) of the Farm Credit Act of 1971, for reimbursement of
interest expenses incurred by the Financial Assistance Corporation on
obligations issued through 1994, as authorized, $2,565,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $61,000,000, including not
to exceed $1,000 for official reception and representation expenses:
Provided, That the Commission is authorized to charge reasonable fees to
attendees of
[[Page 112 STAT. 2681-25]]
Commission sponsored educational events and symposia to cover the
Commission's costs of providing those events and symposia, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
Farm Credit Administration
Not to exceed $35,800,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1999 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 440
passenger motor vehicles, of which 437 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. <> 703. Not less than $1,500,000 of the
appropriations of the Department of Agriculture in this Act for research
and service work authorized by the Acts of August 14, 1946, and July 28,
1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 of title 31, United
States Code, shall be available for contracting in accordance with said
Acts and chapter.
Sec. 704. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. <> 705. New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended (7 U.S.C. 2209b): Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions, fruit fly
program, integrated systems acquisition project, and up to $2,000,000
for costs associated with collocating regional offices; Farm Service
Agency, salaries and expenses funds made available to county committees;
and Foreign Agricultural Service, middle-income country training
program.
New obligational authority for the boll weevil program; up to 10
percent of the screwworm program of the Animal and Plant Health
Inspection Service; Food Safety and Inspection Service, field automation
and information management project; funds appropriated for rental
payments; funds for the Native American Institutions Endowment Fund in
the Cooperative State Research,
Education, and Extension Service; and funds for the competitive research
grants (7 U.S.C. 450i(b)), shall remain available until expended.
[[Page 112 STAT. 2681-26]]
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law 94-
449.
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
<> Sec. 709. Notwithstanding any other
provision of this Act, commodities acquired by the Department in
connection with Commodity Credit Corporation and section 32 price
support operations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), to provide commodities to individuals in cases of
hardship as determined by the Secretary of Agriculture.
Sec. 710. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 711. None of the funds in this Act shall be available to pay
indirect costs on research grants awarded competitively by the
Cooperative State Research, Education, and Extension Service that exceed
14 percent of total Federal funds provided under each award: Provided,
That notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the Cooperative
State Research, Education, and Extension Service shall be available to
pay full allowable indirect costs for each grant awarded under the Small
Business Innovation Development Act of 1982, Public Law 97-219 (15
U.S.C. 638).
Sec. 712. Notwithstanding any other provisions of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 713. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1999
shall remain available until expended to cover obligations made in
fiscal year 1999 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; and
the rural economic development loans program account.
Sec. 714. Such sums as may be necessary for fiscal year 1999 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 715. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service;
Grain Inspection, Packers and Stockyards Administration;
[[Page 112 STAT. 2681-27]]
and the Animal and Plant Health Inspection Service may use cooperative
agreements to reflect a relationship between the Agricultural Marketing
Service, the Grain Inspection, Packers and Stockyards Administration or
the Animal and Plant Health Inspection Service and a State or Cooperator
to carry out agricultural marketing programs or to carry out programs to
protect the Nation's animal and plant resources.
Sec. 716. Notwithstanding the Federal Grant and Cooperative
Agreement Act, the Natural Resources Conservation Service may enter into
contracts, grants, or cooperative agreements with a State agency or
subdivision, or a public or private organization, for the acquisition of
goods or services, including personal services, to carry out natural
resources conservation activities: Provided, That Commodity Credit
Corporation funds obligated for such purposes shall not exceed the level
obligated by the Commodity Credit Corporation for such purposes in
fiscal year 1998.
Sec. 717. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act of
1990.
Sec. 718. Hereafter, none of the funds made available in this Act
may be used to provide assistance to, or to pay the salaries of
personnel to carry out a market promotion/market access program pursuant
to section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
that provides assistance to the United States Mink Export Development
Council or any mink industry trade association.
Sec. 719. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants: Provided, That interagency funding is authorized to
carry out the purposes of the National Drought Policy Commission.
Sec. 720. None of the funds appropriated in this Act may be used to
carry out the provisions of section 918 of Public Law 104-127, the
Federal Agriculture Improvement and Reform Act.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 722. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture employee questions
or responses to questions that are a result of information requested for
the appropriations hearing process.
[[Page 112 STAT. 2681-28]]
Sec. 723. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 724. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices, programs,
or activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 1999, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by Congress; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
Sec. 725. None of the funds appropriated or otherwise made available
by this Act or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 793 of Public Law 104-127,
with the exception of funds made available under that section on January
1, 1997.
Sec. 726. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
who carry out an environmental quality incentives program authorized by
sections 334-341 of Public Law 104-127 in excess of $174,000,000.
Sec. 727. None of the funds appropriated or otherwise available to
the Department of Agriculture may be used to administer the provision of
contract payments to a producer under the Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) for contract acreage
[[Page 112 STAT. 2681-29]]
on which wild rice is planted unless the contract payment is reduced by
an acre for each contract acre planted to wild rice.
Sec. 728. The Federal facility located in Stuttgart, Arkansas, and
known as the ``United States National Rice Germplasm Evaluation and
Enhancement Center'', shall be known and designated as the ``Dale
Bumpers National Rice Research Center'': Provided, That any reference in
law, map, regulation, document, paper, or other record of the United
States to such federal facility shall be deemed to be a reference to the
``Dale Bumpers National Rice Research Center''.
Sec. 729. Notwithstanding any other provision of law, the Secretary
of Agriculture, subject to the reprogramming requirements established by
this Act, may transfer up to $26,000,000 in discretionary funds made
available by this Act among programs of the Department, not otherwise
appropriated for a specific purpose or a specific location, for
distribution to or for the benefit of the Lower Mississippi Delta
Region, as defined in Public Law 100-460, prior to normal state or
regional allocation of funds: Provided, That any funds made available
through Chapter Four of Subtitle D of Title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) may be included in any amount
reprogrammed under this section if such funds are used for a purpose
authorized by such Chapter: Provided further, That any funds made
available from ongoing programs of the Department of Agriculture used
for the benefit of the Lower Mississippi Delta Region shall be counted
toward the level cited in this section.
Sec. 730. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to enroll in excess of 120,000 acres in the fiscal year 1999 wetlands
reserve program as authorized by 16 U.S.C. 3837.
Sec. 731. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out the emergency food assistance program authorized by section
27(a) of the Food Stamp Act if such program exceeds $90,000,000.
Sec. 732. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out the provisions of section 401 of Public Law
105-185.
Sec. 733. Notwithstanding any other provision of law, the City of
Big Spring, Texas shall be eligible to participate in rural housing
programs administered by the Rural Housing Service.
Sec. 734. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico shall be eligible for grants and
loans administered by the Rural Utilities Service.
Sec. 735. Notwithstanding section 381A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009), the definitions of rural areas
for certain business programs administered by the Rural Business-
Cooperative Service and the community facilities programs administered
by the Rural Housing Service shall be those provided for in statute and
regulations prior to the enactment of Public Law 104-127.
Sec. 736. None of the funds appropriated or otherwise made available
by this Act shall be used to carry out any commodity purchase program
that would prohibit eligibility or participation by farmer-owned
cooperatives.
[[Page 112 STAT. 2681-30]]
Sec. 737. Section 512(d)(4)(D)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by inserting
before the semicolon the following: ``, except that for purposes of this
clause, antibacterial ingredient or animal drug does not include the
ionophore or arsenical classes of animal drugs''.
Sec. 738. (a) None of the funds appropriated or otherwise made
available to the Secretary by this Act, any other Act, or any other
source may be used to issue the final rule to implement the amendments
to Federal milk marketing orders required by subsection (a)(1) of
section 143 of the Agricultural Market Transition Act (7 U.S.C. 7253),
other than during the period of February 1, 1999, through April 4, 1999,
and only if the actual implementation of the amendments as part of
Federal milk marketing orders takes effect on October 1, 1999,
notwithstanding the penalties that would otherwise be imposed under
subsection (c) of such section.
(b) None of such funds may be used to designate the State of
California as a separate Federal milk marketing order under subsection
(a)(2) of such section, other than during the period beginning on the
date of the issuance of the final rule referred to in subsection (a)
through September 30, 1999.
(c) For purposes of this section, a rule shall be considered to be a
final rule when the rule is submitted to Congress as required by chapter
8 of title 5, United States Code, to permit congressional review of
agency rulemaking and before the Secretary of Agriculture conducts the
producer referendum required under section 8c(19) of the Agricultural
Adjustment Act (7 U.S.C. 608c(19)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937.
Sec. 739. Whenever the Secretary of Agriculture announces the basic
formula price for milk for purposes of Federal milk marketing orders
issued under section 8c of the Agricultural Adjustment Act (7 U.S.C.
608c), reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937, the Secretary shall include in the announcement an
estimate, stated on a per hundredweight basis, of the costs incurred by
milk producers, including transportation and marketing costs, to produce
milk in the different regions of the United States.
Sec. 740. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out a conservation farm option program, as authorized by
section 335 of Public Law 104-127.
<> Sec. 741. Waiver of Statute of
Limitations. (a) To the extent permitted by the Constitution, any civil
action to obtain relief with respect to the discrimination alleged in an
eligible complaint, if commenced not later than 2 years after the date
of the enactment of this Act, shall not be barred by any statute of
limitations.
(b) The complainant may, in lieu of filing a civil action, seek a
determination on the merits of the eligible complaint by the Department
of Agriculture if such complaint was filed not later than 2 years after
the date of enactment of this Act. The Department of Agriculture shall--
(1) provide the complainant an opportunity for a hearing on
the record before making that determination;
(2) award the complainant such relief as would be afforded
under the applicable statute from which the eligible complaint
arose notwithstanding any statute of limitations; and
[[Page 112 STAT. 2681-31]]
(3) to the maximum extent practicable within 180 days after
the date a determination of an eligible complaint is sought
under this subsection conduct an investigation, issue a written
determination and propose a resolution in accordance with this
subsection.
(c) Notwithstanding subsections (a) and (b), if an eligible claim is
denied administratively, the claimant shall have at least 180 days to
commence a cause of action in a Federal court of competent jurisdiction
seeking a review of such denial.
(d) The United States Court of Federal Claims and the United States
District Court shall have exclusive original jurisdiction over--
(1) any cause of action arising out of a complaint with
respect to which this section waives the statute of limitations;
and
(2) any civil action for judicial review of a determination
in an administrative proceeding in the Department of Agriculture
under this section.
(e) As used in this section, the term ``eligible complaint'' means a
nonemployment related complaint that was filed with the Department of
Agriculture before July 1, 1997 and alleges discrimination at any time
during the period beginning on January 1, 1981 and ending December 31,
1996--
(1) in violation of the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) in administering--
(A) a farm ownership, farm operating, or emergency
loan funded from the Agricultural Credit Insurance
Program Account; or
(B) a housing program established under title V of
the Housing Act of 1949; or
(2) in the administration of a commodity program or a
disaster assistance program.
(f) This section shall apply in fiscal year 1999 and thereafter.
(g) The standard of review for judicial review of an agency action
with respect to an eligible complaint is de novo review. Chapter 5 of
title 5 of the United States Code shall apply with respect to an agency
action under this section with respect to an eligible complaint, without
regard to section 554(a)(1) of that title.
<> Sec. 742. In any claim brought under the
Rehabilitation Act of 1973 and filed with the Secretary of Agriculture
after January 1994 resulting in a finding that a farmer was subjected to
discrimination under any farm loan program or activity conducted by the
United States Department of Agriculture in violation of section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary of
Agriculture shall be liable for compensatory damages. Such liability
shall apply to any administrative action brought before the date of
enactment of this Act, but only if the action is brought within the
applicable statute of limitations and the complainant sought or seeks
compensatory damages while the action is pending.
Sec. 743. Public Law 102-237, Title X, Section 1013(a) and (b) (7
U.S.C. 426 note) is amended by striking ``, to the extent practicable,''
in each instance in which it appears.
Sec. 744. Funds made available for conservation operations by this
or any other Act, including prior-year balances, shall be available for
financial assistance and technical assistance for the purpose of
constructing the Franklin County Lake Project,
[[Page 112 STAT. 2681-32]]
Mississippi, in the amounts earmarked in appropriations report language.
Sec. 745. Section 306D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926d) is amended by inserting ``25 percent
in'' in lieu of ``equal'' in subsection (b), and by inserting
``$20,000,000'' in lieu of ``$15,000,000'' in subsection (d).
Sec. 746. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in St. Louis, Missouri.
<> Sec. 747. None of the funds made
available by this Act or any other Act for any fiscal year may be used
to carry out section 302(h) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and
certifies agricultural processing equipment, and imposes a fee for the
inspection and certification, in a manner that is similar to the
inspection and certification of agricultural products under that
section, as determined by the Secretary: Provided, That this provision
shall not affect the authority of the Secretary to carry out the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection
Act (21 U.S.C. 1031 et seq.).
<> Sec. 748. Notwithstanding the provisions
of section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)), for the 1999 reinsurance and subsequent reinsurance
years, no producer shall pay more than $50 per crop per county as an
administrative fee for catastrophic risk protection under section
508(b)(5)(A) of the Act.
Sec. 749. That notwithstanding section 4703(d)(1) of title 5, United
States Code, the personnel management demonstration project established
in the Department of Agriculture, as described at 55 FR 9062 and amended
at 61 FR 9507 and 61 FR 49178, shall be continued indefinitely and
become effective upon enactment of this Act.
<> Sec. 750. Strike the last sentence under
the heading of Title IV--International Programs, Foreign Agricultural
Service of Public Law 100-202 (101 STAT. 1329 et seq.) and insert in
lieu thereof the following: ``On or after August 1, 1998 such
individuals employed by contract to perform such services shall not, by
virtue of such employment, be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management. Such individuals may be considered employees
within the meaning of the Federal Employee Compensation Act, 5 U.S.C.
8101 et seq.''.
Sec. 751. Section 1237D(c)(1) of subchapter C of the Food Security
Act of 1985 <> is amended by inserting after
``perpetual'' the following ``or 30-year''.
Sec. 752. <> Section 1237(b)(2) of subchapter C
of the Food Security Act of 1985 is amended by adding the following:
``(C) For purposes of subparagraph (A), to the
maximum extent practicable should be interpreted to mean
that acceptance of wetlands reserve program bids may be
in proportion to landowner interest expressed in program
options.''.
Sec. 753. (a) Section 3(d)(3) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(d)(3)) (as amended by
section 253(b) of the Agricultural Research,
[[Page 112 STAT. 2681-33]]
Extension, and Education Reform Act of 1998) is amended by striking
``The Secretary'' and inserting ``At the request of the Governor of the
State of Maine, New Hampshire, New York, or Vermont, the Secretary''.
(b) Section 7(e)(2) of the Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4606(e)(2)) (as amended by section 605(f)(3)
of the Agricultural Research, Extension, and Education Reform Act of
1998) is amended by striking ``$0.0075'' each place it appears and
inserting ``$0.01''.
(c)(1) Section 793(c)(2)(B) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(v) a State agricultural experiment
station.''.
(2) Section 401(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended--
(A) in paragraph (3), by striking ``or'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(5) a State agricultural experiment station.''.
(d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d)) is
amended--
(1) in paragraph (1), by striking ``No'' and inserting
``Except as provided in paragraph (4), no''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
(e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) is
amended--
(1) in paragraph (1), by inserting ``paragraph (4) and''
after ``provided in''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
<> (f) The amendments made
by this section shall take effect on the date of enactment of the
Agricultural Research, Extension, and Education Reform Act of 1998.
Sec. 754. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous
[[Page 112 STAT. 2681-34]]
year due to user fees proposals that have not been enacted into law
prior to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in the
event the users fees proposals are not enacted prior to the date of the
convening of a committee of conference for the fiscal year 2000
appropriations Act.
Sec. 755. (a) Section 203(h) of the Agricultural Marketing Act of
1946 (7 U.S.C. 1622(h)) is amended by adding at the end the following:
``Shell eggs packed under the voluntary grading program of the
Department of Agriculture shall not have been shipped for sale previous
to being packed under the program, as determined under a regulation
promulgated by the Secretary.''.
(b) Not later than 90 days after the date of enactment of this Act,
the Secretary of Agriculture, and the Secretary of Health and Human
Services, shall submit a joint status report to the Committees on
Appropriations of the House of Representatives and the Senate that
describes actions taken by the Secretary of Agriculture and the
Secretary of Health and Human Services--
(1) to enhance the safety of shell eggs and egg products;
(2) to prohibit the grading, under the voluntary grading
program of the Department of Agriculture, of shell eggs
previously shipped for sale; and
(3) to assess the feasibility and desirability of applying
to all shell eggs the prohibition on repackaging to enhance food
safety, consumer information, and consumer awareness.
Sec. 756. Expenses for computer-related activities of the Department
of Agriculture funded through the Commodity Credit Corporation pursuant
to section 161(b)(1)(A) of Public Law 104-127 in fiscal year 1999 shall
not exceed $65,000,000: Provided, That section 4(g) of the Commodity
Credit Corporation Charter Act is amended <> by
striking $193,000,000 and inserting $188,000,000.
Sec. 757. (a) The Secretary of Agriculture may use funds for tree
assistance made available under Public Law 105-174, to carry out a tree
assistance program to owners of trees that were lost or destroyed as a
result of a disaster or emergency that was declared by the President or
the Secretary of Agriculture during the period beginning May 1, 1998,
and ending August 1, 1998, regardless of whether the damage resulted in
loss or destruction after August 1, 1998.
(b) Subject to subsection (c), the Secretary shall carry out the
program, to the maximum extent practicable, in accordance with the terms
and conditions of the tree assistance program established under part 783
of title 7, Code of Federal Regulations.
(c) A person shall be presumed eligible for assistance under the
program if the person demonstrates to the Secretary that trees owned by
the person were lost or destroyed by May 31, 1999, as a direct result of
fire blight infestation that was caused by a disaster or emergency
described in subsection (a).
Sec. 758. None of the funds appropriated or otherwise made available
by this Act shall be used to establish an Office of Community Food
Security or any similar office within the United States Department of
Agriculture without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 759. Notwithstanding any other provision of law, the city of
Vineland, New Jersey, shall be eligible for programs
[[Page 112 STAT. 2681-35]]
administered by the Rural Housing Service and the Rural Business-
Cooperative Service.
Sec. 760. (a)(1) For purposes of this section, the term
``Commission'' means the Commodity Futures Trading Commission.
(2) For purposes of this section, the term ``qualifying hybrid
instrument or swap agreement'' means a hybrid instrument or swap
agreement that--
(A) was entered into before the start of the restraint
period or is entered into during the restraint period; and
(B) is exempt under part 34 or part 35 of title 17, Code of
Federal Regulations (as in effect on January 1, 1998), qualifies
for the safe harbor contained in the Policy Statement of the
Commission regarding swap agreements published in the Federal
Register on July 21, 1989 (54 Fed. Reg. 30694), or qualifies for
the exclusion set forth in the Statutory Interpretation of the
Commission concerning certain hybrid instruments published in
the Federal Register on April 11, 1990 (55 Fed. Reg. 13582).
(3) For purposes of this section, the term ``restraint period''
means the period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on March 30, 1999, or the first date on which
legislation is enacted that authorizes appropriations for the
Commission for a fiscal year after fiscal year 2000, whichever
occurs first.
(b) During the restraint period, the Commission may not propose or
issue any rule or regulation, or issue any interpretation or policy
statement, that restricts or regulates activity in a qualifying hybrid
instrument or swap agreement.
(c) Notwithstanding subsection (b), during the restraint period, the
Commission may--
(1) act on a petition for exemptive relief under section
4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
(2) enter such cease and desist orders and take such
enforcement action, including the imposition of sanctions, as
the Commission considers necessary to enforce any provision of
the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title 17,
Code of Federal Regulations, in connection with a qualifying
hybrid instrument or swap agreement, to the extent such
provision is otherwise applicable to that qualifying hybrid
instrument or swap agreement or a transaction involving that
qualifying hybrid instrument or swap agreement;
(3) take such action as the Commission considers appropriate
with regard to agricultural trade options; and
(4) take such action as the Commission considers appropriate
to respond to a market emergency.
(d)(1) The legal status of contracts involving a qualifying hybrid
instrument or swap agreement shall not differ from the legal status
afforded such contracts during the period--
(A) beginning on--
(i) in the case of swap agreements, July 21, 1989,
which was the date on which the Commission adopted a
Policy Statement regarding swap agreements (54 Fed. Reg.
30694); and
(ii) in the case of hybrid instruments, April 11,
1990, which was the date that the Statutory
Interpretation of
[[Page 112 STAT. 2681-36]]
the Commission concerning hybrid instruments was
published in the Federal Register; and
(B) ending on January 1, 1998.
(2) Neither the comment letter of the Commission submitted on
February 26, 1998, to the Securities and Exchange Commission regarding
the proposal known as ``Broker-Dealer Lite'', nor the Concept Release of
the Commission regarding over-the-counter derivatives published in the
Federal Register on May 12, 1998 (63 Fed. Reg. 26114), shall alter or
affect the legal status of a qualifying hybrid instrument or swap
agreement under the Commodity Exchange Act (7 U.S.C. 1 et seq.).
(e) Nothing in this section shall be construed as reflecting or
implying a determination that a qualifying hybrid instrument or swap
agreement, or a transaction involving a qualifying hybrid instrument or
swap agreement, is subject to the Commodity Exchange Act (7 U.S.C. 1 et
seq.).
Sec. 761. None of the funds appropriated or otherwise made available
by this or any other Act may be used to carry out provision of section
612 of Public Law 105-185.
Sec. 762. Section 136 of the Agricultural Market Transition Act (7
U.S.C. 7236) is amended by striking ``1.25 cents'' each place it appears
in subsections (a) and (b) and inserting ``3 cents''.
Sec. 763. In implementing section 1124 of subtitle C of title XI of
this Act, the Secretary of Agriculture shall:
(a) provide $18,000,000 to the states for distribution of emergency
aid to individuals with family incomes below the federal poverty level
who have been adversely affected utilizing Federal Emergency Management
Agency guidelines;
(b) transfer to the Secretary of Commerce for obligation and
expenditure (1) $15,000,000 for programs pursuant to title IX of Public
Law 91-304, as amended, of which six percent may be available for
administrative costs; (2) $5,000,000 for the Trade Adjustment Assistance
program as provided by the Trade Act of 1974, as amended; and (3)
$7,000,000 for disaster research and prevention pursuant to section
402(d) of Public Law 94-265; and
(c) transfer to the Administrator of the Small Business
Administration for obligation and expenditure, $5,000,000 for the cost
of direct loans authorized by section 7(b) of the Small Business Act, as
amended, for eligible small businesses.
<> Sec. 764. (a) Section 604 of the Clean Air
Act is amended by inserting at the end the following:
``(h) Methyl Bromide.--Notwithstanding subsection (d) and section
604(b), the Administrator shall not terminate production of methyl
bromide prior to January 1, 2005. The Administrator shall promulgate
rules for reductions in, and terminate the production, importation, and
consumption of, methyl bromide under a schedule that is in accordance
with, but not more stringent than, the phaseout schedule of the Montreal
Protocol Treaty as in effect on the date of the enactment of this
subsection.''.
(b) Section 604(d) of the Clean Air Act is amended by inserting at
the end the following:
``(5) Sanitation and food protection.--To the extent
consistent with the Montreal Protocol's quarantine and
preshipment provisions, the Administrator shall exempt the
production, importation, and consumption of methyl bromide to
fumigate commodities entering or leaving the United States or
any State (or political subdivision thereof) for purposes of
[[Page 112 STAT. 2681-37]]
compliance with Animal and Plant Health Inspection Service
requirements or with any international, Federal, State, or local
sanitation or food protection standard.
``(6) Critical uses.--To the extent consistent with the
Montreal Protocol, the Administrator, after notice and the
opportunity for public comment, and after consultation with
other departments or instrumentalities of the Federal Government
having regulatory authority related to methyl bromide, including
the Secretary of Agriculture, may exempt the production,
importation, and consumption of methyl bromide for critical
uses.''.
<> (c) Section 604(e) of the Clean Air Act is
amended by inserting at the end the following:
``(3) Methyl bromide.--Notwithstanding the phaseout and
termination of production of methyl bromide pursuant to section
604(h), the Administrator may, consistent with the Montreal
Protocol, authorize the production of limited quantities of
methyl bromide, solely for use in developing countries that are
Parties to the Copenhagen Amendments to the Montreal
Protocol.''.
<> Sec. 765. Notwithstanding any other
provision of law, permanent employees of county committees employed on
or after October 1, 1998, pursuant to 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered as having
Federal Civil Service status only for the purpose of applying for the
United States Department of Agriculture Civil Service vacancies.
Sec. 766. For grants for the rural empowerment zone and enterprise
communities programs, an additional $15,000,000 is hereby appropriated,
to remain available until expended, of which $10,000,000 is for grants
for entities designated under section 1391(g) of the Internal Revenue
Code of 1986 for the Secretary of Agriculture to carry out a second
round of the empowerment zone program in rural areas; and of which
$5,000,000 is for grants for rural enterprise communities for the
Secretary of Agriculture to designate not more than 20 additional rural
enterprise communities provided that such communities meet the
designation and eligibility requirements of part I of subchapter U of
chapter 1 of the Internal Revenue Code of 1986: Provided, That the
designation of rural enterprise communities pursuant to this section
shall be solely for the purpose of this section and not for tax
treatment under the Internal Revenue Code: Provided further, That these
funds are in addition to any other funds made available for empowerment
zones and enterprise communities.
TITLE VIII--AGRICULTURAL CREDIT
Sec. 801. Section 373 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008h) is amended by striking subsection (b) and inserting
the following:
``(b) Prohibition of Loans for Borrowers That Have Received Debt
Forgiveness.--
``(1) Prohibitions.--Except as provided in paragraph (2)--
``(A) the Secretary may not make a loan under this
title to a borrower that has received debt forgiveness
on a loan made or guaranteed under this title; and
[[Page 112 STAT. 2681-38]]
``(B) the Secretary may not guarantee a loan under
this title to a borrower that has received--
``(i) debt forgiveness after April 4, 1996, on
a loan made or guaranteed under this title; or
``(ii) received debt forgiveness on more than
3 occasions on or before April 4, 1996.
``(2) Exceptions.--
``(A) In general.--The Secretary may make a direct
or guaranteed farm operating loan for paying annual farm
or ranch operating expenses of a borrower who--
``(i) was restructured with a write-down under
section 353; or
``(ii) is current on payments under a
confirmed reorganization plan under chapters 11,
12, or 13 of Title 11 of the United States Code.
``(B) Emergency loans.--The Secretary may make an
emergency loan under section 321 to a borrower that--
``(i) on or before April 4, 1996, received not
more than 1 debt forgiveness on a loan made or
guaranteed under this title; and
``(ii) after April 4, 1996, has not received
debt forgiveness on a loan made or guaranteed
under this title.''.
Sec. 802. Section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)) is amended--
(1) by striking ``(d) All loans'' and inserting the
following:
``(d) Repayment.--
``(1) In general.-- All loans''; and
(2) by adding at the end the following:
``(2) No basis for denial of loan.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall not deny a loan under this subtitle to a
borrower by reason of the fact that the borrower lacks a
particular amount of collateral for the loan if the
Secretary is reasonably certain that the borrower will
be able to repay the loan.
``(B) Refusal to pledge available collateral.--The
Secretary may deny or cancel a loan under this subtitle
if a borrower refuses to pledge available collateral on
request by the Secretary.''.
Sec. 803. (a) Section 508(n) of the Federal Crop Insurance Act (7
U.S.C. 1508(n)) is amended--
(1) by striking ``If'' and inserting the following:
``(1) In general.--Except as provided in paragraph
(2), if''; and
(2) by adding at the end the following:
``(2) Exception.--Paragraph (1) shall not apply to
emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
(b) Section 196(i)(3) of the Agricultural Market Transition Act (7
U.S.C. 7333(i)(3)) is amended--
(1) by striking ``If'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), if''; and
(2) by adding at the end the following:
[[Page 112 STAT. 2681-39]]
``(B) Exception.--Subparagraph (A) shall not apply
to emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
Sec. 804. Section 302 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922) is amended by adding at the end the following:
``(D) Notice.--Beginning with fiscal year 2000 not later
than 12 months before a borrower will become ineligible for
direct loans under this subtitle by reason of this paragraph,
the Secretary shall notify the borrower of such impending
ineligibility.''.
Sec. 805. The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) is amended--
(1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by inserting
``for direct loans only,'' before ``have either'';
(2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by inserting
``for direct loans only,'' before ``have either''; and
(3) in section 359 (7 U.S.C. 2006a)--
(A) in subsection (a), by striking ``and
guaranteed''; and
(B) in subsection (c), by striking ``or guaranteed''
each place it appears.
Sec. 806. (a) Section 305 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1925) is amended--
(1) by striking ``Sec. 305. The Secretary'' and inserting
the following:
``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``$300,000'' and inserting ``$700,000
(increased, beginning with fiscal year 2000, by the inflation
percentage applicable to the fiscal year in which the loan is
guaranteed and reduced by the amount of any unpaid indebtedness
of the borrower on loans under subtitle B that are guaranteed by
the Secretary)'';
(3) by striking ``In determining'' and inserting the
following:
``(b) Determination of Value.--In determining''; and
(4) by adding at the end the following:
``(c) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
(b) Section 313 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1943) is amended--
(1) by striking ``Sec. 313. The Secretary'' and inserting
the following:
``SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``this subtitle (1) that would cause'' and
inserting ``this subtitle--
``(1) that would cause'';
[[Page 112 STAT. 2681-40]]
(3) by striking ``$400,000; or (2) for the purchasing'' and
inserting ``$700,000 (increased, beginning with fiscal year
2000, by the inflation percentage applicable to the fiscal year
in which the loan is guaranteed and reduced by the unpaid
indebtedness of the borrower on loans under the sections
specified in section 305 that are guaranteed by the Secretary);
or
``(2) for the purchasing''; and
(4) by adding at the end the following:
``(b) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
Sec. 807. Section 353(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the
following:
``(6) Notice of recapture.--Beginning with fiscal year 2000
not later than 12 months before the end of the term of a shared
appreciation arrangement, the Secretary shall notify the
borrower involved of the provisions of the arrangement.''.
Sec. 808. Section 353(c)(3)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking ``110
percent'' and inserting ``100 percent''.
<> TITLE
IX--INDIA-PAKISTAN RELIEF ACT
Sec. 901. Short Title. This title may be cited as the ``India-
Pakistan Relief Act of 1998''.
<> Sec. 902. Waiver Authority. (a)
Authority.--The President may waive for a period not to exceed one year
upon enactment of this Act with respect to India or Pakistan the
application of any sanction or prohibition (or portion thereof)
contained in section 101 or 102 of the Arms Export Control Act, section
620E(e) of the Foreign Assistance Act of 1961, or section 2(b)(4) of the
Export Import Bank Act of 1945.
(b) Exception.--The authority provided in subsection (a) shall not
apply to any restriction in section 102(b)(2) (B), (C), or (G) of the
Arms Export Control Act.
(c) Availability of Amounts.--Amounts made available by this section
are designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided, That such amounts shall be
available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
<> Sec. 903. Consultation. Prior to
each exercise of the authority provided in section 902, the President
shall consult with the appropriate congressional committees.
<> Sec. 904. Reporting Requirement.
Not later than 30 days prior to the expiration of a one-year period
described in section
[[Page 112 STAT. 2681-41]]
902, the Secretary of State shall submit a report to the appropriate
congressional committees on economic and national security developments
in India and Pakistan.
<> Sec. 905. Appropriate Congressional
Committees Defined. In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives
and the Committees on Appropriations of the House of Representatives and
the Senate.
TITLE X--UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY
PROGRAMS
SEC. 1001. GENERAL.
Title II of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is
amended--
<> (1) in section 218(a)--
(A) in paragraph (1) by adding ``and'' at the end;
(B) in paragraph (2) by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3);
(2) by redesignating subtitle I as subtitle J;
(3) by inserting after subtitle H the following:
``Subtitle I--Marketing and Regulatory Programs
<> ``SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR
MARKETING AND REGULATORY PROGRAMS.
``(a) Authorization.--The Secretary is authorized to establish in
the Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Marketing and Regulatory
Programs authorized under subsection (a), the Under Secretary shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) Functions of Under Secretary.--
``(1) Principal functions.--Upon establishment, the
Secretary shall delegate to the Under Secretary of Agriculture
for Marketing and Regulatory Programs those functions and duties
under the jurisdiction of the Department that are related to
agricultural marketing, animal and plant health inspection,
grain inspection, and packers and stockyards.
``(2) Additional functions.--The Under Secretary of
Agriculture for Marketing and Regulatory Programs shall perform
such other functions and duties as may be required by law or
prescribed by the Secretary.
``(d) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Marketing and Regulatory Programs on the
date of the enactment of this section and who was appointed by the
President, by and with the advice and consent of the Senate, shall not
be required to be reappointed under subsection (b) to the successor
position authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position, within 180
days after the date of enactment of this section
[[Page 112 STAT. 2681-42]]
(or such later date set by the Secretary if litigation delays rapid
succession).
``(e) Executive Schedule.--Section 5314 of title 5, United States
Code, is amended by inserting after the item relating to the Under
Secretary of Agriculture for Food Safety (as added by section 261(c))
the following:
`Under Secretary of Agriculture for Marketing and Regulatory
Programs.'.''; and
<> (4) in section 296(b)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs under section 285.''.
SEC. 1002. PAY INCREASE PROHIBITED.
The compensation of any officer or employee of the Department of
Agriculture on the date of enactment of this Act shall not be increased
as a result of the enactment of this Act.
SEC. 1003. CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking
``Assistant Secretaries of Agriculture (3).'' and inserting ``Assistant
Secretaries of Agriculture (2).''.
TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE
Subtitle A--Emergency Assistance for Crop and Livestock Feed Losses Due
to Disasters
<> SEC. 1101. GENERAL PROVISIONS.
(a) Fair and Equitable Distribution.--Assistance made available
under this subtitle shall be distributed in a fair and equitable manner
to producers who have incurred crop and livestock feed losses in all
affected geographic regions of the United States.
(b) Program Administration.--In carrying out this subtitle, the
Secretary of Agriculture (referred to in this title as the
``Secretary'') may determine--
(1) 1 or more loss thresholds producers on a farm must incur
with respect to a crop to be eligible for assistance;
(2) the payment rate for crop and livestock feed losses
incurred; and
(3) eligibility and payment limitation criteria (as defined
by the Secretary) for persons to receive assistance under this
subtitle, which, in the case of assistance received under any
section of this subtitle, shall be in addition to--
(A) assistance made available under any other
section of this subtitle and subtitle B;
(B) payments or loans received by a person under the
Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
(C) payments received by a person for the 1998 crop
under the noninsured crop assistance program established
under section 196 of that Act (7 U.S.C. 7333);
[[Page 112 STAT. 2681-43]]
(D) crop insurance indemnities provided for the 1998
crop under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); and
(E) emergency loans made available for the 1998 crop
under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.).
<> SEC. 1102. CROP LOSS ASSISTANCE.
(a) In General.--The Secretary shall administer a program under
which emergency financial assistance is made available to producers on a
farm who have incurred losses associated with crops due to disasters (as
determined by the Secretary).
(b) Losses Incurred for 1998 Crop.--Subject to section 1132, the
Secretary shall use not more than $1,500,000,000 to make available
assistance to producers on a farm who have incurred losses in the 1998
crop due to disasters.
(c) Multiyear Losses.--Subject to section 1132, the Secretary shall
use not more than $875,000,000 to make available assistance to producers
on a farm who have incurred multiyear losses (as defined by the
Secretary) in the 1998 and preceding crops of a commodity due to
disasters (including, but not limited to, diseases such as scab).
(d) Relationship Between Assistance.--The Secretary shall make
assistance available to producers on a farm under either subsection (b)
or (c).
(e) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are due to, as determined by the
Secretary--
(1) quantity losses;
(2) quality (including, but not limited to, aflatoxin)
losses; or
(3) severe economic losses due to damaging weather or
related condition.
(f) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from which
a crop is harvested), as determined by the Secretary, due to disasters.
(g) Crop Insurance.--
(1) Administration.--In carrying out this section, the
Secretary shall not discriminate against or penalize producers
on a farm who have purchased crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) Encouraging future crop insurance participation.--
Subject to section 1132, the Secretary, acting through the
Federal Crop Insurance Corporation, may use the funds made
available under subsections (b) and (c), and only those funds,
to provide premium refunds or other assistance to purchasers of
crop insurance for their 1998 insured crops, or their preceding
(including 1998) insured crops.
(3) Producers who have not purchased crop insurance for 1998
crop.--As a condition of receiving assistance under this
section, producers on a farm who have not purchased crop
insurance for the 1998 crop under that Act shall agree by
contract to purchase crop insurance for the 1999 and 2000 crops
produced by the producers.
(4) Liquidated damages.--
[[Page 112 STAT. 2681-44]]
(A) In general.--The contract under paragraph (3)
shall provide for liquidated damages to be paid by the
producers due to the failure of the producers to
purchase crop insurance as provided in paragraph (3).
(B) Notice of damages.--The amount of the liquidated
damages shall be established by the Secretary and
specified in the contract agreed to by the producers.
(5) Funding for crop insurance purchase requirement.--
Subject to section 1132, such sums as may be necessary, to
remain available until expended, shall be available to the
Federal Crop Insurance Corporation to cover costs incurred by
the Corporation as a result of the crop insurance purchase
requirement of paragraph (3). Funds made available under
subsections (b) and (c) may not be used to cover such costs.
<> SEC. 1103. EMERGENCY LIVESTOCK FEED
ASSISTANCE.
Subject to section 1132, the Secretary shall use not more than
$200,000,000 to make available livestock feed assistance to livestock
producers affected by disasters during calendar year 1998.
Subtitle B--Market Loss Assistance
<> SEC. 1111. MARKET LOSS ASSISTANCE.
(a) In General.--Subject to section 1132 and except as provided in
subsection (d), the Secretary shall use not more than $3,057,000,000 for
assistance to owners and producers on a farm who are eligible for final
payments for fiscal year 1998 under a production flexibility contract
for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201
et seq.) to partially compensate the owners and producers for the loss
of markets for the 1998 crop of a commodity.
(b) Amount.--Except as provided in subsection (d), the amount of
assistance made available to owners and producers on a farm under this
section shall be proportional to the amount of the contract payment
received by the owners and producers for fiscal year 1998 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act.
(c) Time for Payment.--The assistance made available under this
section for an eligible owner or producer shall be made as soon as
practicable after the date of enactment of this Act.
(d) Of the total amount provided under subsection (a), $200,000,000
shall be available to provide assistance to dairy producers in a manner
determined by the Secretary: Provided, That no payments made under this
section shall affect any decision with respect to rulemaking activities
described under section 143 of Public Law 104-127.
Subtitle C--Other Assistance
<> SEC. 1121. INDEMNITY PAYMENTS FOR COTTON
PRODUCERS.
(a) Federal Contribution.--Subject to subsection (b), the Secretary
of Agriculture shall pay $5,000,000 to the State of Georgia to help fund
an indemnity fund, to be established and managed by that State, to
compensate cotton producers in that State for losses incurred in 1998 or
1999 from the loss of properly stored, harvested cotton as the result of
the bankruptcy of a warehouseman or other party in possession of
warehouse receipts evidencing title
[[Page 112 STAT. 2681-45]]
to the commodity, an improper conversion or transfer of the cotton, or
such other potential hazards as determined appropriate by the State.
(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a) only
if the State also contributes $5,000,000 to the indemnity fund and
agrees to expend all amounts in the indemnity fund by not later than
January 1, 2000, to provide compensation to cotton producers as provided
in such subsection. If the State of Georgia fails to make its
contribution of $5,000,000 to the indemnity fund by July 1, 1999, the
funds that would otherwise be paid to the State shall be available to
the Secretary for the purpose of providing partial compensation to
cotton producers as provided in such subsection.
(c) Reporting Requirements.--Upon the establishment of the indemnity
fund, and not later than October 1, 1999, the State of Georgia shall
submit a report to the Secretary of Agriculture and the Congress
describing the State's efforts to use the indemnity fund to provide
compensation to injured cotton producers.
<> SEC. 1122. HONEY RECOURSE LOANS.
(a) In General.--Notwithstanding any other provision of law, in
order to assist producers of honey to market their honey in an orderly
manner during a period of disastrously low prices, the Secretary shall
make available recourse loans to producers of the 1998 crop of honey on
fair and reasonable terms and conditions, as determined by the
Secretary.
(b) Loan Rate.--The loan rate of the loans shall be 85 percent of
the average price of honey during the 5-crop year period preceding the
1998 crop year, excluding the crop year in which the average price of
honey was the highest and the crop year in which the average price of
honey was the lowest in the period.
(c) No Net Cost Basis.--Repayment of a loan under this section shall
include repayment for interest and administrative costs as necessary to
operate the program established under this section on a no net cost
basis.
<> SEC. 1123. NONINSURED CROP ASSISTANCE TO
RAISIN PRODUCERS.
Notwithstanding any of the provisions of section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
would exclude the following producers from benefits thereunder, the
Secretary shall make Noninsured Crop Assistance Program payments in
fiscal year 1999 to raisin producers who obtained catastrophic risk
protection but because of adverse weather conditions were not able to
comply with the policy deadlines for laying the raisins in trays.
SEC. 1124. EMERGENCY <> ASSISTANCE.
In addition to amounts appropriated or otherwise made available by
this Act, $50,000,000 is appropriated to the Department of Agriculture,
to remain available until expended, to provide emergency disaster
assistance to persons or entities who have incurred losses from a
failure under section 312(a) of Public Law 94-265.
SEC. 1125. FOOD FOR PROGRESS.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
[[Page 112 STAT. 2681-46]]
(1) in subsection (f)(3), by inserting after ``$30,000,000''
the following: ``(or, in the case of fiscal year 1999,
$35,000,000)'';
(2) in subsection (l)(1), by inserting after ``$10,000,000''
the following: ``(or, in the case of fiscal year 1999,
$12,000,000)'';
(3) by redesignating subsection (n) as subsection (o); and
(4) by inserting after subsection (m) the following:
``(n) During fiscal year 1999, to the maximum extent practicable,
the Secretary shall utilize Private Voluntary Organizations to carry out
this section.''.
<> SEC. 1126. TEMPORARY EXPANSION OF RECOURSE
LOAN AUTHORITY.
Section 137 of the Agricultural Market Transition Act (7 U.S.C.
7237) is amended--
(1) in the section heading, by inserting ``AND OTHER
FIBERS'' before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Recourse Loans Available for Mohair.--
``(1) Recourse loans available.--Notwithstanding any other
provision of law, during fiscal year 1999, the Secretary shall
make available recourse loans, as determined by the Secretary,
to producers of mohair produced during or before that fiscal
year.
``(2) Loan rate.--The loan rate for a loan under paragraph
(1) shall be equal to $2.00 per pound.
``(3) Term of loan.--A loan under paragraph (1) shall have a
term of 1 year beginning on the first day of the first month
after the month in which the loan is made.
``(4) Waiver of interest.--Notwithstanding subsection (d),
the Secretary shall not charge interest on a loan made under
paragraph (1).''.
<> SEC. 1127. PILOT PROGRAMS.
(a) Domestic Market Reporting Pilot Program.--Title IV of the
Packers and Stockyards Act is amended to include the following new
section:
<> ``SEC. 416. MANDATORY DOMESTIC REPORTING PILOT
INVESTIGATION.
``(1) In General.--The Secretary of Agriculture shall conduct a
twelve month pilot investigation, beginning upon the date of
implementation of such pilot, under which the Secretary shall require
any person or class of persons engaged in the business of buying,
selling, or marketing domestic or imported cattle for immediate
slaughter and fresh muscle cuts of beef, or domestic or imported sheep
and fresh or frozen muscle cuts of lamb, to report to the Secretary, in
the least intrusive manner possible, information relating to prices for
the procurement of these items.
``(2) Application.--This section shall only apply to a person that
is engaged in the business of buying, selling, or marketing a
significant share of the national market, as determined by the
Secretary, of the total volume of domestic or imported cattle for
immediate slaughter and fresh muscle cuts of beef, or domestic or
imported sheep and fresh or frozen muscle cuts of lamb, bought, sold, or
marketed in the United States.
``(3) Report.--Not later than six months after the conclusion of the
mandatory domestic reporting pilot investigation, the Secretary of
Agriculture shall submit a report to the Committee on Agriculture of the
House of Representatives and the Committee
[[Page 112 STAT. 2681-47]]
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation. No information collected under
the pilot investigation may be disclosed until the report is
submitted.''.
(b) Export Market Reporting Pilot Investigation.--
(1) In general.--The Secretary shall implement a twelve
month pilot investigation, beginning on the date of
implementation, of a streamlined electronic system for
collecting export data, in the least intrusive manner possible,
for fresh or frozen muscle cuts of meat food products, and
develop a data-reporting program to disseminate summary
information in a timely manner, not to exceed two weeks after
issuance.
(2) Report.--Not later than six months after the conclusion
of the mandatory export reporting pilot investigation, the
Secretary of Agriculture shall submit a report to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation.
(c) Funding.--An amount of $250,000 is hereby appropriated to carry
out this section of the Act.
Subtitle D--Administration
<> SEC. 1131. COMMODITY CREDIT CORPORATION.
Subject to section 1132, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation to carry
out subtitles A, B, and C of this title.
<> SEC. 1132. EMERGENCY REQUIREMENT.
Notwithstanding the last sentence of section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
amounts made available by subtitles A, B, and C of this title are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided, That such amounts shall be
available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to
Congress.
<> SEC. 1133. REGULATIONS.
(a) Issuance of Regulations.--As soon as practicable after the date
of enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall issue such regulations as are
necessary to implement subtitles A, B, and C of this title. The issuance
of the regulations shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
[[Page 112 STAT. 2681-48]]
TITLE XII--BIODIESEL
SEC. 1201. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
<> ``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the date
of the enactment of this section for use by the fleet or covered
person in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehicle weight
rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may, by
rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation to
the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying volume
is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a biodiesel
alternative fuel provider described in section 501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under section
211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
[[Page 112 STAT. 2681-49]]
``(A) 450 gallons; or
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 is amended by adding at the end of the items
relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''.
TITLE XIII--EMERGENCY APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
For an additional amount for ``Salaries and Expenses'', $40,000,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional gross obligation for the principal amount of
direct and guaranteed farm operating loans as authorized by 7 U.S.C.
1928-1929, to be available from funds in the Agricultural Credit
Insurance Fund, $540,510,000, of which $150,000,000 shall be for
unsubsidized guaranteed loans and $156,704,000 shall be for subsidized
guaranteed loans.
For the additional cost of direct and guaranteed farm operating
loans, including the cost of modifying such loans as defined in section
502 of the Congressional Budget Act of 1974, farm operating loans,
$31,405,000, of which $15,969,000 shall be for direct loans, $13,696,000
for guaranteed subsidized loans, and $1,740,000 for unsubsidized
guaranteed loans: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Commodity Credit Corporation Fund
An additional $3,000,000 is provided for the dairy production
indemnity program as established by Public Law 105-174: Provided, That
the entire amount shall be available only to the extent that an official
budget request for $3,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
[[Page 112 STAT. 2681-50]]
Natural Resources Conservation Service
For an additional amount to carry out the program of forestry
incentives, as authorized by the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2101), including technical assistance and related
expenses, $10,000,000, to remain available until expended, as authorized
by that Act: Provided, That the entire amount shall be available only to
the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1999''.
(b) For programs, projects or activities in the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $79,448,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $8,136,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 1998: Provided further, That not to exceed 41 permanent
positions and 48 full-time equivalent workyears and $4,811,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis: Provided further, That the
Attorney General is authorized to transfer, under such terms and
conditions as the Attorney General shall specify, forfeited real or
personal property of limited or marginal value, as such value is
determined by guidelines established by the Attorney General, to a State
or local government agency, or its designated contractor or transferee,
for use to support drug abuse treatment, drug and crime prevention and
education, housing, job skills, and other community-based public health
and safety programs: Provided
[[Page 112 STAT. 2681-51]]
further, That any transfer under the preceding proviso shall not create
or confer any private right of action in any person against the United
States, and shall be treated as a reprogramming under section 605 of
this Act.
For necessary expenses, as determined by the Attorney General,
$10,000,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities; (3)
the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities; (4) the costs associated with ensuring
the continuance of essential Government functions during a time of
emergency; and (5) the costs of activities related to the protection of
the Nation's critical infrastructure: Provided, That any Federal agency
may be reimbursed for the costs of detaining in foreign countries
individuals accused of acts of terrorism that violate the laws of the
United States: Provided further, That funds provided under this
paragraph shall be available only after the Attorney General notifies
the Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
In addition, for necessary expenses, as determined by the Attorney
General, $135,000,000, to remain available until expended, to reimburse
or transfer to agencies of the Department of Justice for any costs
incurred in connection with: (1) providing bomb training and response
capabilities to State and local law enforcement agencies; (2) providing
training and related equipment for chemical, biological, nuclear, and
cyber attack prevention and response capabilities for States, cities,
territories, and local jurisdictions; and (3) providing grants,
contracts, cooperative agreements, and other assistance authorized by
sections 819, 821, and 822 of the Antiterrorism and Effective Death
Penalty Act of 1996: Provided, That such funds transferred to the Office
of Justice Programs may include amounts for management and
administration, which shall be transferred to and merged with the
``Justice Assistance'' account.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration related activities, $75,312,000.
In addition, $59,251,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $35,610,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended under the
direction of, and to be accounted for solely under the
[[Page 112 STAT. 2681-52]]
certificate of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without regard to the
general purchase price limitation for the current fiscal year: Provided,
That up to one-tenth of one percent of the Department of Justice's
allocation from the Violent Crime Reduction Trust Fund grant programs
may be transferred at the discretion of the Attorney General to this
account for the audit or other review of such grant programs, as
authorized by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $7,400,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $466,840,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $17,834,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount appropriated,
not to exceed $1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and representation
expenses: Provided further, That $813,333 of funds made available to the
Department of Justice in this Act shall be transferred by the Attorney
General to the Presidential Advisory Commission on Holocaust Assets in
the United States: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
In addition, $8,160,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
[[Page 112 STAT. 2681-53]]
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $68,275,000: Provided, That, notwithstanding any other provision
of law, not to exceed $68,275,000 of offsetting collections derived from
fees collected in fiscal year 1999 for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during fiscal year
1999, so as to result in a final fiscal year 1999 appropriation from the
General Fund estimated at not more than $0.
For necessary expenses of the Offices of the United States
Attorneys, including intergovernmental and cooperative agreements,
$1,009,680,000; of which not to exceed $2,500,000 shall be available
until September 30, 2000, for (1) training personnel in debt collection,
(2) locating debtors and their property, (3) paying the net costs of
selling property, and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That not
to exceed $1,000,000 shall remain available until expended for the
expansion of existing Violent Crime Task Forces in United States
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements,
however denominated, and contracts with State and local prosecutorial
and law enforcement agencies engaged in the investigation and
prosecution of violent crimes: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the Offices of
the United States Attorneys, not to exceed 9,044 positions and 9,312
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys: Provided
further, That $2,300,000 shall be used to provide for additional
assistant United States attorneys and investigators to serve in
Philadelphia, Pennsylvania, and Camden County, New Jersey, to enforce
Federal laws designed to prevent the possession by criminals of firearms
(as that term is defined in section 921(a) of title 18, United States
Code), of which $1,500,000 shall be used to provide for those attorneys
and investigators in Philadelphia, Pennsylvania, and $800,000 shall be
used to provide for those attorneys and investigators in Camden County,
New Jersey.
In addition, $80,698,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
[[Page 112 STAT. 2681-54]]
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $114,248,000, to remain available until
expended and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law, deposits to
the Fund shall be available in such amounts as may be necessary to pay
refunds due depositors: Provided further, That, notwithstanding any
other provision of law, $114,248,000 of offsetting collections derived
from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and remain available
until expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal year 1999, so as to result in a final fiscal year 1999
appropriation from the Fund estimated at $0: Provided further, That any
funds collected in fiscal year 1998 in excess of $114,248,000 are not
available for obligation.
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,227,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for police-type
use, without regard to the general purchase price limitation for the
current fiscal year, $477,056,000, as authorized by 28 U.S.C. 561(i); of
which not to exceed $6,000 shall be available for official reception and
representation expenses; and of which not to exceed $4,000,000 for
development, implementation, maintenance and support, and training for
an automated prisoner information system shall remain available until
expended.
In addition, $25,553,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For planning, constructing, renovating, equipping, and maintaining
United States Marshals Service prisoner-holding space in United States
courthouses and federal buildings, including the renovation and
expansion of prisoner movement areas, elevators, and sallyports,
$4,600,000, to remain available until expended.
There is hereby established <> a Justice
Prisoner and Alien Transportation System Fund for the payment of
necessary expenses related to the scheduling and transportation of
United States prisoners and illegal and criminal aliens in the custody
of the United States Marshals Service, as authorized in 18 U.S.C. 4013,
including, without limitation, salaries and expenses, operations, and
the acquisition, lease, and maintenance of aircraft and support
facilities:
[[Page 112 STAT. 2681-55]]
Provided, That the Fund shall be reimbursed or credited with advance
payments from amounts available to the Department of Justice, other
Federal agencies, and other sources at rates that will recover the
expenses of Fund operations, including, without limitation, accrual of
annual leave and depreciation of plant and equipment of the Fund:
Provided further, That proceeds from the disposal of Fund aircraft shall
be credited to the Fund: Provided further, That amounts in the Fund
shall be available without fiscal year limitation, and may be used for
operating equipment lease agreements that do not exceed 5 years.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General, $425,000,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses, for
expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $95,000,000, to
remain available until expended; of which not to exceed $6,000,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; and of which not to
exceed $1,000,000 may be made available for the purchase and maintenance
of armored vehicles for transportation of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $7,199,000 and,
in addition, up to $500,000 of funds made available to the Department of
Justice in this Act may be transferred by the Attorney General to this
account: Provided, That notwithstanding any other provision of law, upon
a determination by the Attorney General that emergent circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and
(G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
[[Page 112 STAT. 2681-56]]
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements with
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $304,014,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of the fiscal
year shall revert to the Attorney General for reallocation among
participating organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
Federal Bureau of Investigation
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 2,668
passenger motor vehicles, of which 2,000 will be for replacement only,
without regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition, lease,
maintenance, and operation of aircraft; and not to exceed $70,000 to
meet unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,746,805,000; of which not to
exceed $50,000,000 for automated data processing and telecommunications
and technical investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September 30, 2000;
of which not less than $292,473,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities
related to our national security; of which not to exceed $61,800,000
shall remain available until expended; of which not to exceed
$10,000,000 is authorized to be made available for making advances for
expenses arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized crime, and
drug investigations; and of which $1,500,000 shall be available to
maintain an independent program office dedicated solely to the
automation of fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in this Act may
be used to provide ballistics imaging
[[Page 112 STAT. 2681-57]]
equipment to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State or local
authority agrees to return that equipment or to repay that grant or
subsidy to the Federal Government.
In addition, $223,356,000 for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund, as authorized by the Violent Crime Control and Law Enforcement Act
of 1994, as amended, and the Antiterrorism and Effective Death Penalty
Act of 1996.
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $1,287,000, to remain
available until expended.
Drug Enforcement Administration
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,428 passenger motor vehicles, of
which 1,080 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft;
$800,780,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for automated
data processing and telecommunications equipment, and not to exceed
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment,
and $2,000,000 for aircraft replacement retrofit and parts, shall remain
available until September 30, 2000; and of which not to exceed $50,000
shall be available for official reception and representation expenses.
In addition, $405,000,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $8,000,000, to remain
available until expended.
[[Page 112 STAT. 2681-58]]
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and enforcement of the
laws relating to immigration, naturalization, and alien registration, as
follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program, the
detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not to
exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 3,855 passenger motor vehicles, of which
2,535 are for replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention Facility,
$1,069,754,000, of which not to exceed $400,000 for research shall
remain available until expended; of which not to exceed $10,000,000
shall be available for costs associated with the training program for
basic officer training, and $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative activities
related to immigration; and of which not to exceed $5,000,000 is to fund
or reimburse other Federal agencies for the costs associated with the
care, maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime
pay in an amount in excess of $30,000 during the calendar year beginning
January 1, 1999: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the current
fiscal year: Provided further, That none of the funds provided in this
or any other Act shall be used for the continued operation of the San
Clemente and Temecula checkpoints unless the checkpoints are open and
traffic is being checked on a continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization Service not
included under the heading ``Enforcement and Border Affairs'',
$552,083,000: Provided, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided further, That
the Attorney General may transfer any funds appropriated under this
heading and the heading ``Enforcement and Border Affairs'' between said
appropriations notwithstanding any percentage transfer limitations
imposed under this appropriation Act and
[[Page 112 STAT. 2681-59]]
may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this heading and
the heading ``Enforcement and Border Affairs'' for performance of the
functions for which the fees legally may be expended: Provided further,
That not to exceed 43 permanent positions and 43 full-time equivalent
workyears and $4,284,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
non-reimbursable basis, or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis: Provided further, That the number of positions filled
through non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is otherwise made
available to the Immigration and Naturalization Service, shall not
exceed 4 permanent positions and 4 full-time equivalent workyears:
Provided further, That funds may be used, without limitation, for
equipping, maintaining, and making improvements to the infrastructure
and the purchase of vehicles for police type use within the limits of
the Enforcement and Border Affairs appropriation: Provided further,
That, notwithstanding any other provision of law, during fiscal year
1999, the Attorney General is authorized and directed to impose
disciplinary action, including termination of employment, pursuant to
policies and procedures applicable to employees of the Federal Bureau of
Investigation, for any employee of the Immigration and Naturalization
Service who violates policies and procedures set forth by the Department
of Justice relative to the granting of citizenship or who willfully
deceives the Congress or department leadership on any matter.
violent crime reduction programs
In addition, $842,490,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund: Provided, That the Attorney General may use the transfer authority
provided under the heading ``Citizenship and Benefits, Immigration
Support and Program Direction'' to provide funds to any program of the
Immigration and Naturalization Service that heretofore has been funded
by the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $90,000,000, to remain
available until expended: Provided, That no funds shall be available for
the site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector.
Federal Prison System
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions,
[[Page 112 STAT. 2681-60]]
including purchase (not to exceed 763, of which 599 are for replacement
only) and hire of law enforcement and passenger motor vehicles, and for
the provision of technical assistance and advice on corrections related
issues to foreign governments, $2,862,354,000: Provided, <> That the Attorney General may transfer to the Health Resources
and Services Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions: Provided further, That the
Director of the Federal Prison System (FPS), where necessary, may enter
into contracts with a fiscal agent/fiscal intermediary claims processor
to determine the amounts payable to persons who, on behalf of the FPS,
furnish health services to individuals committed to the custody of the
FPS: Provided further, That not to exceed $6,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new facilities shall
remain available until September 30, 2000: Provided further, That, of
the amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United States of
Cuban and Haitian entrants: Provided further, That, notwithstanding
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS
may enter into contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option years for the
confinement of Federal prisoners.
In addition, $26,499,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$410,997,000, to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House of
Representatives and the Senate in compliance with provisions set forth
in section 605 of this Act.
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and
[[Page 112 STAT. 2681-61]]
borrowing authority available, and in accord with the law, and to make
such contracts and commitments, without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including purchase of
(not to exceed five for replacement only) and hire of passenger motor
vehicles.
Not to exceed $3,266,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $147,151,000, to
remain available until expended, as authorized by section 1001 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended
by Public Law 102-534 (106 Stat. 3524).
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $552,000,000, to remain available until
expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $47,000,000
shall be available to carry out the provisions of chapter A of subpart 2
of part E of title I of said Act, for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to and
merged with the ``Justice Assistance'' account)
[[Page 112 STAT. 2681-62]]
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended (``the 1994 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (``the 1968 Act''); and
the Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''),
$2,369,950,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund; of which
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant
to H.R. 728 as passed by the House of Representatives on February 14,
1995, except that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as well as a
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F),
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime
prevention programs involving cooperation between community residents
and law enforcement personnel in order to control, detect, or
investigate crime or the prosecution of criminals: Provided, That no
funds provided under this heading may be used as matching funds for any
other Federal grant program: Provided further, That $40,000,000 of this
amount shall be for Boys and Girls Clubs in public housing facilities
and other areas in cooperation with State and local law enforcement:
Provided further, That funds may also be used to defray the costs of
indemnification insurance for law enforcement officers: Provided
further, That, hereafter, for the purpose of eligibility for the Local
Law Enforcement Block Grant Program in the State of Louisiana, parish
sheriffs are to be considered the unit of local government at the parish
level under section 108 of H.R. 728: Provided further, That $20,000,000
shall be available to carry out section 102(2) of H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records, as
authorized by section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, as amended, and section 4(b) of the National Child
Protection Act of 1993; of which $420,000,000 shall be for the State
Criminal Alien Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act, as amended; of which $720,500,000
shall be for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States for
incarceration of criminal aliens, of which $25,000,000 shall be
available for the Cooperative Agreement Program, and of which
$34,000,000 shall be reserved by the Attorney General for fiscal year
1999 under section 20109(a) of subtitle A of title II of the 1994 Act;
of which $9,000,000 shall be for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act; of which
$2,000,000 shall be for Child Abuse Training Programs for Judicial
Personnel and Practitioners, as authorized by section 224 of the 1990
Act; of which $206,750,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(18) of the 1968 Act,
including $23,000,000 which shall be used exclusively for the purpose of
strengthening civil legal assistance programs for victims of domestic
violence, and $10,000,000 which shall be used exclusively for violence
on college campuses: Provided further, That, of these funds, $5,200,000
shall be provided to the National Institute of Justice for research and
evaluation of violence against women, $1,196,000 shall be provided to
the Office of the United States Attorney for the District of Columbia
for domestic violence programs in D.C. Superior Court,
[[Page 112 STAT. 2681-63]]
and $10,000,000 shall be available to the Office of Juvenile Justice and
Delinquency Prevention for the Safe Start Program, to be administered as
authorized by part C of the Juvenile Justice and Delinquency Act of
1974, as amended; of which $34,000,000 shall be for Grants to Encourage
Arrest Policies to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968 Act; of
which $25,000,000 shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $5,000,000 shall be for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects; of which $1,000,000 shall be for grants for
televised testimony, as authorized by section 1001(a)(7) of the 1968
Act; of which $5,000,000 shall be for the Tribal Courts Initiative; of
which $63,000,000 shall be for grants for residential substance abuse
treatment for State prisoners, as authorized by section 1001(a)(17) of
the 1968 Act; of which $15,000,000 shall be for grants to States and
units of local government for projects to improve DNA analysis, as
authorized by section 1001(a)(22) of the 1968 Act; of which $900,000
shall be for the Missing Alzheimer's Disease Patient Alert Program, as
authorized by section 240001(c) of the 1994 Act; of which $1,300,000
shall be for Motor Vehicle Theft Prevention Programs, as authorized by
section 220002(h) of the 1994 Act; of which $40,000,000 shall be for
Drug Courts, as authorized by title V of the 1994 Act; of which
$1,500,000 shall be for Law Enforcement Family Support Programs, as
authorized by section 1001(a)(21) of the 1968 Act; of which $2,000,000
shall be for public awareness programs addressing marketing scams aimed
at senior citizens, as authorized by section 250005(3) of the 1994 Act;
and of which $250,000,000 shall be for Juvenile Accountability Incentive
Block Grants, except that such funds shall be subject to the same terms
and conditions as set forth in the provisions under this heading for
this program in Public Law 105-119, but all references in such
provisions to 1998 shall be deemed to refer instead to 1999: Provided
further, That funds made available in fiscal year 1999 under subpart 1
of part E of title I of the 1968 Act may be obligated for programs to
assist States in the litigation processing of death penalty Federal
habeas corpus petitions and for drug testing initiatives: Provided
further, That, if a unit of local government uses any of the funds made
available under this title to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $33,500,000 to remain available until expended, for
intergovernmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies engaged in
the investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
des-
[[Page 112 STAT. 2681-64]]
ignated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall be
managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of this
Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,400,000,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, for Public Safety and Community Policing Grants pursuant to
title I of the 1994 Act: Provided, That not to exceed 266 permanent
positions and 266 full-time equivalent workyears and $32,023,000 shall
be expended for program management and administration: Provided further,
That of the funds made available under this heading and the unobligated
balances available in this program, $180,000,000 shall be used for
innovative community policing programs, of which $80,000,000 shall be
used for a law enforcement technology program, $35,000,000 shall be used
for policing initiatives to combat methamphetamine production and
trafficking and to enhance policing initiatives in drug ``hot spots'',
$17,500,000 shall be used for programs to combat violence in schools,
$25,000,000 shall be used for the Matching Grant Program for Law
Enforcement Armor Vests pursuant to section 2501 of part Y of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
$5,000,000 shall be used for additional community law enforcement
officers and related program support for the District of Columbia
Offender Supervision, Defender, and Court Services Agency, $12,500,000
shall be used for the Community Policing to Combat Domestic Violence
Program pursuant to section 1701(d) of part Q of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and $5,000,000 shall
be used for Community Prosecutors programs: Provided further, That up to
$35,000,000 shall be available to improve tribal law enforcement
including equipment and training.
In addition, for programs of Police Corps education, training, and
service as set forth in sections 200101-200113 of the 1994 Act,
$30,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, (``the Act''), including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $267,597,000, to remain available
until expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102-586, of
which (1) notwithstanding any other
[[Page 112 STAT. 2681-65]]
provision of law, $6,847,000 shall be available for expenses authorized
by part A of title II of the Act, $89,000,000 shall be available for
expenses authorized by part B of title II of the Act, and $42,750,000
shall be available for expenses authorized by part C of title II of the
Act: Provided, That $26,500,000 of the amounts provided for part B of
title II of the Act, as amended, is for the purpose of providing
additional formula grants under part B to States that provide assurances
to the Administrator that the State has in effect (or will have in
effect no later than one year after date of application) policies and
programs, that ensure that juveniles are subject to accountability-based
sanctions for every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be available for expenses authorized by sections 281
and 282 of part D of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $10,000,000 shall be available
for expenses authorized by section 285 of part E of title II of the Act;
(4) $12,000,000 shall be available for expenses authorized by part G of
title II of the Act for juvenile mentoring programs; and (5) $95,000,000
shall be available for expenses authorized by title V of the Act for
incentive grants for local delinquency prevention programs; of which
$10,000,000 shall be for delinquency prevention, control, and system
improvement programs for tribal youth; of which $25,000,000 shall be
available for grants of $360,000 to each state and $6,640,000 shall be
available for discretionary grants to states, for programs and
activities to enforce state laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alcoholic
beverages by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance and
training: Provided further, That upon the enactment of reauthorization
legislation for Juvenile Justice Programs under the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, funding provisions in
this Act shall from that date be subject to the provisions of that
legislation and any provisions in this Act that are inconsistent with
that legislation shall no longer have effect: Provided further, That of
amounts made available under the Juvenile Justice Programs of the Office
of Justice Programs to carry out part B (relating to Federal Assistance
for State and Local Programs), subpart II of part C (relating to Special
Emphasis Prevention and Treatment Programs), part D (relating to Gang-
Free Schools and Communities and Community-Based Gang Intervention),
part E (relating to State Challenge Activities), and part G (relating to
Mentoring) of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, and to carry out the At-Risk Children's Program
under title V of that Act, not more than 10 percent of each such amount
may be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized under the appropriate
part or title, and not more than 2 percent of each such amount may be
used for training and technical assistance activities designed to
benefit the programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance, $10,000,000 to remain available until expended, for
developing, testing, and demonstrating programs designed to reduce drug
use among juveniles.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act
[[Page 112 STAT. 2681-66]]
of 1990, as amended, $7,000,000, to remain available until expended, as
authorized by section 214B of the Act.
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340).
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93
Stat. 1040 (1979)), as amended, shall remain in effect until the
termination date of this Act or until the effective date of a Department
of Justice Appropriation Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
<> Sec. 106. Notwithstanding any other
provision of law, not to exceed $10,000,000 of the funds made available
in this Act may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which shall not
be subject to spending limitations contained in sections 3059 and 3072
of title 18, United States Code: Provided, That any reward of $100,000
or more, up to a maximum of $2,000,000, may not be made without the
personal approval of the President or the Attorney General and such
approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated
[[Page 112 STAT. 2681-67]]
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
<> Sec. 108. For fiscal year 1999 and
thereafter, the Director of the Bureau of Prisons may make expenditures
out of the Commissary Fund of the Federal Prison System, regardless of
whether any such expenditure is security-related, for programs, goods,
and services for the benefit of inmates (to the extent the provision of
those programs, goods, or services to inmates is not otherwise
prohibited by law), including--
(1) the installation, operation, and maintenance of the
Inmate Telephone System;
(2) the payment of all the equipment purchased or leased in
connection with the Inmate Telephone System; and
(3) the salaries, benefits, and other expenses of personnel
who install, operate, and maintain the Inmate Telephone System.
Sec. 109. (a) Section 3201 of the Crime Control Act of 1990 (28
U.S.C. 509 note) is amended to read as follows--
``Appropriations in this or any other Act hereafter for the Federal
Bureau of Investigation, the Drug Enforcement Administration, or the
Immigration and Naturalization Service are available, in an amount of
not to exceed $25,000 each per fiscal year, to pay humanitarian expenses
incurred by or for any employee thereof (or any member of the employee's
immediate family) that results from or is incident to serious illness,
serious injury, or death occurring to the employee while on official
duty or business.''.
(b) The Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 is amended by striking section 626 (8 U.S.C. 1363b).
Sec. 110. Any amounts credited to the ``Legalization Account''
established under section 245(c)(7)(B) of the Immigration and
Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the
``Examinations Fee Account'' established under section 286(m) of that
Act (8 U.S.C. 1356(m)).
Sec. 111. The Director of the Bureau of Prisons shall conduct a
study, not later than 270 days after the date of the enactment of this
Act, of private prisons that evaluates the growth and development of the
private prison industry during the past 15 years, training
qualifications of personnel at private prisons, and the security
procedures of such facilities, and compares the general standards and
conditions between private prisons and Federal prisons. The results of
such study shall be submitted to the Committees on the Judiciary and
Appropriations of the House of Representatives and the Senate.
Sec. 112. Notwithstanding any other provision of law, during fiscal
year 1999, the Assistant Attorney General for the Office of Justice
Programs of the Department of Justice--
(1) may make grants, or enter into cooperative agreements
and contracts, for the Office of Justice Programs and the
component organizations of that Office; and
(2) shall have final authority over all grants, cooperative
agreements, and contracts made, or entered into, for the Office
of Justice Programs and the component organizations of that
Office.
Sec. 113. Notwithstanding any other provision of law, with respect
to any grant program for which amounts are made available under this
title, the term ``tribal'' means of or relating to an Indian
[[Page 112 STAT. 2681-68]]
tribe (as that term is defined in section 102(2) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2))).
Sec. 114. Section 286(e)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting ``State'' and a
comma immediately before ``territory''.
Sec. 115. (a)(1) Notwithstanding any other provision of law, for
fiscal year 1999, the Attorney General may obligate any funds
appropriated for or reimbursed to the Counterterrorism programs,
projects or activities of the Department of Justice to purchase or lease
equipment or any related items, or to acquire interim services, without
regard to any otherwise applicable Federal acquisition rule, if the
Attorney General determines that--
(A) there is an exigent need for the equipment, related
items, or services in order to support an ongoing
counterterrorism, national security, or computer-crime
investigation or prosecution;
(B) the equipment, related items, or services required are
not available within the Department of Justice; and
(C) adherence to that Federal acquisition rule would--
(i) delay the timely acquisition of the equipment,
related items, or services; and
(ii) adversely affect an ongoing counterterrorism,
national security, or computer-crime investigation or
prosecution.
(2) In this subsection, the term ``Federal acquisition rule'' means
any provision of title II or IX of the Federal Property and
Administrative Services Act of 1949, the Office of Federal Procurement
Policy Act, the Small Business Act, the Federal Acquisition Regulation,
or any other provision of law or regulation that establishes policies,
procedures, requirements, conditions, or restrictions for procurements
by the head of a department or agency or the Federal Government.
(b) The Attorney General shall immediately notify the Committees on
Appropriations of the House of Representatives and the Senate in writing
of each expenditure under subsection (a), which notification shall
include sufficient information to explain the circumstances
necessitating the exercise of the authority under that subsection.
Sec. 116. Section 110(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``later than'' and all that follows through ``Attorney'' and
inserting ``later than October 15, 1998 (and not later than
March 30, 2001, in the case of land border ports of entry and
sea ports), the Attorney'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) not significantly disrupt trade, tourism, or other
legitimate cross-border traffic at land border ports of
entry.''.
Sec. 117. Section 402 of the Controlled Substances Act (21 U.S.C.
842) is amended--
(1) in subsection (a)(5), by inserting ``negligently''
before ``fail'';
[[Page 112 STAT. 2681-69]]
(2) in subsection (a)(10), by inserting ``negligently''
before ``to fail''; and
(3) in subsection (c)(1)--
(A) by inserting ``(A)'' after ``(1)'';
(B) by inserting ``subparagraph (B) of this
paragraph and'' before ``paragraph (2)''; and
(C) by adding at the end the following:
``(B) In the case of a violation of paragraph (5) or (10) of
subsection (a), the civil penalty shall not exceed $10,000.''.
Sec. 118. The General Accounting Office shall--
(1) monitor the compliance of the Department of Justice and
all United States Attorneys with the ``Guidance on the Use of
the False Claims Act in Civil Health Care Matters'' issued by
the Department of Justice on June 3, 1998, including any
revisions to that guidance; and
(2) not later than February 1, 1999, and again not later
than August 2, 1999, submit a report on such compliance to the
Committees on the Judiciary and the Committees on Appropriations
of the Senate and the House of Representatives.
Sec. 119. Firearms Safety. (a) Secure Gun Storage Device.--Section
921(a) of title 18, United States Code, is amended by adding at the end
the following:
``(34) The term `secure gun storage or safety device' means--
``(A) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device;
``(B) a device incorporated into the design of the firearm
that is designed to prevent the operation of the firearm by
anyone not having access to the device; or
``(C) a safe, gun safe, gun case, lock box, or other device
that is designed to be or can be used to store a firearm and
that is designed to be unlocked only by means of a key, a
combination, or other similar means.''.
(b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) in the case of an application to be licensed as a
dealer, the applicant certifies that secure gun storage or
safety devices will be available at any place in which firearms
are sold under the license to persons who are not licensees
(subject to the exception that in any case in which a secure gun
storage or safety device is temporarily unavailable because of
theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in
violation of the requirement under this subparagraph to make
available such a device).''.
(c) Revocation of Dealer's License for Failure To Have Secure Gun
Storage or Safety Devices Available.--The first sentence of section
923(e) of title 18, United States Code, is amended by inserting before
the period at the end the following: ``or fails to have secure gun
storage or safety devices available at any place in which firearms are
sold under the license to persons who are
[[Page 112 STAT. 2681-70]]
not licensees (except that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall not
be considered to be in violation of the requirement to make available
such a device)''.
(d) Statutory Construction; Evidence.--
<> (1) Statutory construction.--
Nothing in the amendments made by this section shall be
construed--
(A) as creating a cause of action against any
firearms dealer or any other person for any civil
liability; or
(B) as establishing any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or other
entity.
<> (e) Effective Date.--The amendments made
by this section shall take effect 180 days after the date of enactment
of this Act.
Sec. 120. Firearm Safety Education Grants. (a) In General.--Section
510 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3760) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) undertaking educational and training programs for--
``(A) criminal justice personnel; and
``(B) the general public, with respect to the lawful
and safe ownership, storage, carriage, or use of
firearms, including the provision of secure gun storage
or safety devices;'';
(2) in the first sentence of subsection (b), by inserting
before the period the following: ``and is authorized to make
grants to, or enter into contracts with, those persons and
entities to carry out the purposes specified in subsection
(a)(1)(B) in accordance with subsection (c)''; and
(3) by adding at the end the following:
``(c)(1) In accordance with this subsection, the Director may make a
grant to, or enter into a contract with, any person or entity referred
to in subsection (b) to provide for a firearm safety program that, in a
manner consistent with subsection (a)(1)(B), provides for general public
training and dissemination of information concerning firearm safety,
secure gun storage, and the lawful ownership, carriage, or use of
firearms, including the provision of secure gun storage or safety
devices.
``(2) Funds made available under a grant under paragraph (1) may not
be used (either directly or by supplanting non-Federal funds) for
advocating or promoting gun control, including making communications
that are intended to directly or indirectly affect the passage of
Federal, State, or local legislation intended to restrict or control the
purchase or use of firearms.
``(3) Except as provided in paragraph (4), each firearm safety
program that receives funding under this subsection shall provide for
evaluations that shall be developed pursuant to guidelines that the
Director of the National Institute of Justice of the Department of
Justice, in consultation with the Director of the Bureau of Justice
[[Page 112 STAT. 2681-71]]
Assistance and recognized private entities that have expertise in
firearms safety, education and training, shall establish.
``(4) With respect to a firearm safety program that receives funding
under this section, the Director may waive the evaluation requirement
described in paragraph (3) if the Director determines that the program--
``(A) is not of a sufficient size to justify an evaluation;
or
``(B) is designed primarily to provide material resources
and supplies, and that activity would not justify an
evaluation.''.
<> (b) Effective Date.--The amendments
made by this section shall take effect on the earlier of--
(1) October 1, 1998; or
(2) the date of enactment of this Act.
Sec. 121. Section 922 of title 18, United States Code, is amended--
(1) in subsection (d), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(2) in subsection (g), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(3) in subsection (s)(3)(B), by striking clause (v) and
inserting the following:
``(v) is not an alien who--
``(I) is illegally or unlawfully in
the United States; or
``(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));''; and
(4) by inserting after subsection (x) the following:
``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).
[[Page 112 STAT. 2681-72]]
``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is--
``(A) admitted to the United States for lawful
hunting or sporting purposes or is in possession of a
hunting license or permit lawfully issued in the United
States;
``(B) an official representative of a foreign
government who is--
``(i) accredited to the United States
Government or the Government's mission to an
international organization having its headquarters
in the United States; or
``(ii) en route to or from another country to
which that alien is accredited;
``(C) an official of a foreign government or a
distinguished foreign visitor who has been so designated
by the Department of State; or
``(D) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official law enforcement business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who has
been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of
subsection (g)(5), if--
``(i) the individual submits to the Attorney
General a petition that meets the requirements of
subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the date
on which the petition is submitted under this
paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire a firearm or
ammunition and certifying that the alien would
not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such
acquisition under subsection (g).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (g)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''.
Sec. 122. Section 3486(a)(1) of title 18, United States Code, is
amended by inserting ``or any act or activity involving a Federal
offense relating to the sexual exploitation or other abuse of
children,'' after ``health care offense,''.
Sec. 123. Section 170102 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
(1) in subsection (a)(2), by striking ``or'';
[[Page 112 STAT. 2681-73]]
(2) in subsection (g)(3), by striking ``minimally
sufficient'' and inserting ``State sexual offender''; and
(3) by amending subsection (i) to read as follows:
``(i) Penalty.--A person who is--
``(1) required to register under paragraph (1), (2), or (3)
of subsection (g) of this section and knowingly fails to comply
with this section;
``(2) required to register under a sexual offender
registration program in the person's State of residence and
knowingly fails to register in any other State in which the
person is employed, carries on a vocation, or is a student;
``(3) described in section 4042(c)(4) of title 18, United
States Code, and knowingly fails to register in any State in
which the person resides, is employed, carries on a vocation, or
is a student following release from prison or sentencing to
probation; or
``(4) sentenced by a court martial for conduct in a category
specified by the Secretary of Defense under section 115(a)(8)(C)
of title I of Public Law 105-119, and knowingly fails to
register in any State in which the person resides, is employed,
carries on a vocation, or is a student following release from
prison or sentencing to probation, shall, in the case of a first
offense under this subsection, be imprisoned for not more than 1
year and, in the case of a second or subsequent offense under
this subsection, be imprisoned for not more than 10 years.''.
<> Sec. 124. (a)(1) A nursing facility or
home health care agency may submit a request to the Attorney General to
conduct a search and exchange of records described in subsection (b)
regarding an applicant for employment if the employment position is
involved in direct patient care.
(2) A nursing facility or home health care agency requesting a
search and exchange of records under this section shall submit to the
Attorney General through the appropriate State agency or agency
designated by the Attorney General a copy of an employment applicant's
fingerprints, a statement signed by the applicant authorizing the
nursing facility or home health care agency to request the search and
exchange of records, and any other identification information not more
than 7 days (excluding Saturdays, Sundays, and legal public holidays
under section 6103(a) of title 5, United States Code) after acquiring
the fingerprints, signed statement, and information.
(b) Pursuant to any submission that complies with the requirements
of subsection (a), the Attorney General shall search the records of the
Criminal Justice Information Services Division of the Federal Bureau of
Investigation for any criminal history records corresponding to the
fingerprints or other identification information submitted. The Attorney
General shall provide any corresponding information resulting from the
search to the appropriate State agency or agency designated by the
Attorney General to receive such information.
(c) Information regarding an applicant for employment in a nursing
facility or home health care agency obtained pursuant to this section
may be used only by the facility or agency requesting the information
and only for the purpose of determining the suitability of the applicant
for employment by the facility or agency in a position involved in
direct patient care.
[[Page 112 STAT. 2681-74]]
(d) The Attorney General may charge a reasonable fee, not to exceed
$50 per request, to any nursing facility or home health care agency
requesting a search and exchange of records pursuant to this section.
(e) Not later than 2 years after the date of enactment of this Act,
the Attorney General shall submit a report to Congress on the number of
requests for searches and exchanges of records made under this section
by nursing facilities and home health care agencies and the disposition
of such requests.
(f) Whoever knowingly uses any information obtained pursuant to this
section for a purpose other than as authorized under subsection (c)
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.
(g) A nursing facility or home health care agency that, in denying
employment for an applicant, reasonably relies upon information provided
by the Attorney General pursuant to this section shall not be liable in
any action brought by the applicant based on the employment
determination resulting from the incompleteness or inaccuracy of the
information.
(h) The Attorney General may promulgate such regulations as are
necessary to carry out this section, including regulations regarding the
security, confidentiality, accuracy, use, destruction, and dissemination
of information, audits and recordkeeping, the imposition of fees, and
any necessary modifications to the definitions contained in subsection
(i).
(i) In this section:
(1) The term ``home health care agency'' means an agency
that provides home health care or personal care services on a
visiting basis in a place of residence.
(2) The term ``nursing facility'' means a facility or
institution (or a distinct part of an institution) that is
primarily engaged in providing to residents of the facility or
institution nursing care, including skilled nursing care, and
related services for individuals who require medical or nursing
care.
(j) This section shall apply without fiscal year limitation.
<> Sec. 125. Effective with the enactment
of this Act, and in any fiscal year hereafter, the Attorney General and
the Secretary of the Treasury may, for their respective agencies, extend
the payment of relocation expenses listed in section 5724a(b)(1) of
Title 5 of the United States Code to include the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
Sec. 126. Notwithstanding any other provision of this Act, the total
of the amounts appropriated under this title of this Act is reduced by
$20,038,000, out of which the reductions for each account shall be made
in accordance with the chart on Year 2000 funding dated September 17,
1998, provided to Congress by the Department of Justice.
Sec. 127. Notwithstanding any other provision of law, in any action
brought by a prisoner under section 1979 of the Revised Statutes (42
U.S.C. 1983) against a Federal, State, or local jail, prison, or
correctional facility, or any employee or former employee thereof,
arising out of the incarceration of that prisoner--
(1) the financial records of a person employed or formerly
employed by the Federal, State, or local jail, prison, or
correctional facility, shall not be subject to disclosure
without the written consent of that person or pursuant to a
court order,
[[Page 112 STAT. 2681-75]]
unless a verdict of liability has been entered against that
person; and
(2) the home address, home phone number, social security
number, identity of family members, personal tax returns, and
personal banking information of a person described in paragraph
(1), and any other records or information of a similar nature
relating to that person, shall not be subject to disclosure
without the written consent of that person, or pursuant to a
court order.
Sec. 128. (a) The numerical limitation set forth in section 209(b)
of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not
apply to any alien described in subsection (b).
(b) An alien described in subsection (a) is an alien who was a
United States Government employee, employee of a nongovernmental
organization based in the United States, or other Iraqi national who was
moved to Guam by the United States Government in 1996 or 1997 pursuant
to an arrangement made by the United States Government, and who was
granted asylum in the United States under section 208(a) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)).
Sec. 129. (a) Amendments to Juvenile Justice and Delinquency
Prevention Act of 1974.--
(1) In general.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(A) by striking paragraph (8) and inserting the
following:
``(8) the term `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and raise revenues;
``(C) an Indian Tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''; and
(B) in paragraph (9), by striking ``units of general
local government'' and inserting ``units of local
government''.
(2) Conforming amendments.--
(A) Section 221(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5631(a))
is amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(B) Section 222(c) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632(c))
is
[[Page 112 STAT. 2681-76]]
amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(C) Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a))
is amended--
(i) in paragraph (4)--
(I) by striking ``units of general
local government'' and inserting ``units
of local government''; and
(II) by striking ``local
governments'' and inserting ``units of
local government'';
(ii) in paragraph (5)--
(I) in subparagraph (A), by striking
``units of general local government''
and inserting ``units of local
government''; and
(II) in subparagraph (B), by
striking ``unit of general local
government'' and inserting ``unit of
local government'';
(iii) in paragraph (6), by striking ``unit of
general local government'' and inserting ``unit of
local government''; and
(iv) in paragraph (10), by striking ``unit of
general local government'' and inserting ``unit of
local government''.
(D) Section 244(5) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5654(5))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(E) Section 372(a)(3) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5714b(a)(3)) is amended by striking ``unit of general
local government'' and inserting ``unit of local
government''.
(F) Section 505(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5784(a))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(b) Omnibus Crime Control and Safe Streets Act of 1968.--Section
901(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3791(3)) is amended to read as follows:
``(3) `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and impose taxes;
``(C) an Indian Tribe (as that term is defined in
section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603)) that performs
law enforcement functions, as determined by the
Secretary of the Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or
[[Page 112 STAT. 2681-77]]
the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''.
Sec. 130. For payments of judgments against the United States and
compromise settlements of claims in suits against the United States
arising from the Financial Institutions Reform, Recovery and Enforcement
Act (FIRREA) and its implementation, such sums as may be necessary, to
remain available until expended: Provided, That the foregoing authority
is available solely for payment of judgments and compromise settlements:
Provided further, That payment of litigation expenses is available under
existing authority as set forth in the Memorandum of Understanding
between the Federal Deposit Insurance Corporation and the Department of
Justice, dated October 2, 1998, and may not be paid from amounts
provided in this Act.
This title may be cited as the ``Department of Justice
Appropriations Act, 1999''.
<> TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$24,200,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $44,495,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and
[[Page 112 STAT. 2681-78]]
3703; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad, without regard
to 49 U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $327,000 for official representation expenses abroad;
purchase of passenger motor vehicles for official use abroad, not to
exceed $30,000 per vehicle; obtain insurance on official motor vehicles;
and rent tie lines and teletype equipment, $286,264,000, to remain
available until expended, of which $1,600,000 is to be derived from fees
to be retained and used by the International Trade Administration,
notwithstanding 31 U.S.C. 3302: Provided, That of the $302,757,000
provided for in direct obligations (of which $284,664,000 is
appropriated from the General Fund, $1,600,000 is derived from fee
collections, and $16,493,000 is derived from unobligated balances and
deobligations from prior years), $59,280,000 shall be for Trade
Development, $17,779,000 shall be for Market Access and Compliance,
$31,047,000 shall be for the Import Administration, $182,736,000 shall
be for the United States and Foreign Commercial Service, and $11,915,000
shall be for Executive Direction and Administration: Provided further,
That the provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities without regard to section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose
of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act shall include payment for
assessments for services provided as part of these activities.
Export Administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
rental of space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $15,000 for official
representation expenses abroad; awards of compensation to informers
under the Export Administration Act of 1979, and as authorized by 22
U.S.C. 401(b); purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $52,331,000 to remain available until expended, of
which $1,877,000 shall be for inspections and other activities
[[Page 112 STAT. 2681-79]]
related to national security: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments: Provided
further, That no funds may be obligated or expended for processing
licenses for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's Republic
of China, unless, at least 15 days in advance, the Committees on
Appropriations of the House and the Senate and other appropriate
Committees of the Congress are notified of such proposed action.
Economic Development Administration
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $368,379,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Commerce may provide financial assistance for projects to be located
on military installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and Economic
Development Act of 1965, as amended, without it being required that the
grantee have title or ability to obtain a lease for the property, for
the useful life of the project, when in the opinion of the Secretary of
Commerce, such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary of
Commerce may, as the Secretary considers appropriate, consult with the
Secretary of Defense regarding the title to land on military
installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $24,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
[[Page 112 STAT. 2681-80]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $27,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$48,490,000, to remain available until September 30, 2000.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $136,147,000.
periodic censuses and programs
For expenses necessary to conduct the decennial census,
$1,026,936,000 to remain available until expended: Provided, That, of
this amount, not less than $75,000,000 shall be for the following
activities: (1) $23,000,000 for additional staffing requirements for
local field offices; (2) $17,000,000 for additional promotion, outreach,
and marketing activities; and (3) $35,000,000 for additional costs
associated with modifications to decennial census questionnaires.
In addition, for necessary expenses of the Census Monitoring Board
as authorized by section 210 of Public Law 105-119, $4,000,000, to
remain available until expended.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $155,966,000,
to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $10,940,000,
to remain available until expended: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available
until <> expended: Provided further, That hereafter,
notwithstanding any other provision of law, NTIA shall not authorize
spectrum use or provide any spectrum
[[Page 112 STAT. 2681-81]]
functions pursuant to the NTIA Organization Act, 47 U.S.C. 902-903, to
any Federal entity without reimbursement as required by NTIA for such
spectrum management costs, and Federal entities withholding payment of
such cost shall not use spectrum: Provided further, That the Secretary
of Commerce is authorized to retain and use as offsetting collections
all funds transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,800,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year: Provided further, That, hereafter, notwithstanding any other
provision of law, the Pan-Pacific Education and Communication
Experiments by Satellite (PEACESAT) Program is eligible to compete for
Public Telecommunications Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $18,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used for the
planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services: Provided further, That
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Communications Act of 1934 (47 U.S.C. 254(h)) or receives
assistance under the regional information sharing systems grant program
of the Department of Justice under part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use
funds under a grant under this heading to cover any costs of the entity
that would otherwise be covered by such preferential rates or such
assistance, as the case may be.
[[Page 112 STAT. 2681-82]]
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $643,026,000, to remain
available until expended: Provided, That of this amount, $643,026,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during fiscal year
1999, so as to result in a final fiscal year 1999 appropriation from the
General Fund estimated at $0: Provided further, That, during fiscal year
1999, should the total amount of offsetting fee collections be less than
$643,026,000, the total amounts available to the Patent and Trademark
Office shall be reduced accordingly: Provided further, That any amount
received in excess of $643,026,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999: Provided further, That the amounts charged for
patent fees under 35 U.S.C. 41(a) and (b) shall be the amounts charged
by the Patent and Trademark Office on September 30, 1998, including any
applicable surcharges collected pursuant to section 8001 of Public Law
103-66: Provided further, That such fees shall be credited as offsetting
collections and shall be retained and used for necessary expenses in
this appropriation: Provided further, That upon enactment of a statute
reauthorizing the Patent and Trademark Office or establishing a
successor agency or agencies, and upon the subsequent enactment of a new
patent fee schedule, the fifth proviso in this paragraph shall no longer
have effect: Provided further, That, in addition to amounts otherwise
made available under this heading, not to exceed $102,000,000 of such
amounts collected shall be available for obligation in fiscal year 1999
for purposes as authorized by law: Provided further, That any amount
received in excess of $102,000,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
Science and Technology
Technology Administration
For necessary expenses for the Under Secretary for Technology/Office
of Technology Policy, $9,495,000, of which not to exceed $1,600,000
shall remain available until September 30, 2000.
National Institute of Standards and Technology
For necessary expenses of the National Institute of Standards and
Technology, $280,136,000, to remain available until expended,
[[Page 112 STAT. 2681-83]]
of which not to exceed $1,625,000 may be transferred to the ``Working
Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of
the National Institute of Standards and Technology, $106,800,000, to
remain available until expended: Provided, <> That notwithstanding the time limitations imposed by 15 U.S.C.
278k(c) (1) and (5) on the duration of Federal financial assistance that
may be awarded by the Secretary of Commerce to Regional Centers for the
transfer of Manufacturing Technology (``Centers''), such Federal
financial assistance for a Center may continue beyond six years and may
be renewed for additional periods, not to exceed one year, at a rate not
to exceed one-third of the Center's total annual costs or the level of
funding in the sixth year, whichever is less, subject before any such
renewal to a positive evaluation of the Center and to a finding by the
Secretary of Commerce that continuation of Federal funding to the Center
is in the best interest of the Regional Centers for the transfer of
Manufacturing Technology Program: Provided further, That the Center's
most recent performance evaluation is positive, and the Center has
submitted a reapplication which has successfully passed merit review.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$203,500,000, to remain available until expended, of which not to exceed
$66,000,000 shall be available for the award of new grants, and of which
not to exceed $500,000 may be transferred to the ``Working Capital
Fund''.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation of existing facilities, not
otherwise provided for the National Institute of Standards and
Technology, as authorized by 15 U.S.C. 278c-278e, $56,714,000, to remain
available until expended: Provided, That of the amounts provided under
this heading, $40,000,000 shall be available for obligation and
expenditure only after submission of a plan for the expenditure of these
funds, in accordance with section 605 of this Act.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For necessary expenses of activities authorized by law for the
National <> Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft; not to exceed
250 commissioned officers on the active list as of September 30, 1999;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities as authorized by 33 U.S.C. 883i;
$1,579,844,000, to remain available until expended: Provided, That fees
and donations received by the National Ocean Service for
[[Page 112 STAT. 2681-84]]
the management of the national marine sanctuaries may be retained and
used for the salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That in addition,
$63,381,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000: Provided further, That not to
exceed $31,439,000 shall be expended for Executive Direction and
Administration, which consists of the Offices of the Under Secretary,
the Executive Secretariat, Policy and Strategic Planning, International
Affairs, Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided further, That the
aforementioned offices, excluding the Office of the General Counsel,
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis above the level of 33
personnel: Provided further, That the Secretary of Commerce shall make
funds available to implement the mitigation recommendations identified
subsequent to the ``1995 Secretary's Report to Congress on Adequacy of
NEXRAD Coverage and Degradation of Weather Services'', and shall ensure
continuation of weather service coverage for these communities until
mitigation activities are completed: Provided further, That no general
administrative charge shall be applied against any assigned activity
included in this Act and, further, that any direct administrative
expenses applied against assigned activities shall be limited to five
percent of the funds provided for that assigned activity.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $584,677,000, to remain available until
expended: Provided, That not to exceed $67,667,000 is available for the
advanced weather interactive processing system, and may be available for
obligation and expenditure only pursuant to a certification by the
Secretary of Commerce that the total cost to complete the acquisition
and deployment of the advanced weather interactive processing system
through Build 4.2 and NOAA Port system, including program management,
operations, and maintenance costs through deployment, will not exceed
$71,790,000: Provided further, That unexpended balances of amounts
previously made available in the ``Operations, Research, and
Facilities'' account for activities funded under this heading may be
transferred to and merged with this account, to remain available until
expended for the purposes for which the funds were originally
appropriated.
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e)
of such Act.
[[Page 112 STAT. 2681-85]]
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $953,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $30,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $21,000,000.
Patent and Trademark Office
Of the unobligated balances available under this heading from prior
year appropriations, fees collected in this fiscal year, and balances of
prior year fees, $71,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized
[[Page 112 STAT. 2681-86]]
only upon the certification of officials designated by the Secretary of
Commerce that such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that are
under the control of the United States Air Force or the United States
Air Force Reserve.
Sec. 204. <> None of the funds provided in
this or any previous Act, or hereinafter made available to the
Department of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay for any
expenses paid before October 1, 1992, as authorized by section 8501 of
title 5, United States Code, for services performed after April 20,
1990, by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof, the
Secretary of Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for agencies or
programs terminated under such legislation: Provided further, That such
plan shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce, or
any portion thereof, to cover the costs of actions relating to the
abolishment, reorganization, or transfer of functions and any related
personnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included under
section 205 of this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken
[[Page 112 STAT. 2681-87]]
for the care and protection of loan collateral or grant property shall
be absorbed within the total budgetary resources available to such
Department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 209. The Secretary of Commerce may use the Commerce franchise
fund for expenses and equipment necessary for the maintenance and
operation of such administrative services as the Secretary determines
may be performed more advantageously as central services, pursuant to
section 403 of Public Law 103-356: Provided, That any inventories,
equipment, and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the Department and other Federal agencies for which such centralized
services are performed, at rates which will return in full all expenses
of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services <> on a competitive basis: Provided further, That an amount not
to exceed 4 percent of the total annual income to such fund may be
retained in the fund for fiscal year 1999 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment, and for the improvement and
implementation of Department financial management, ADP, and other
support systems: Provided further, That such amounts retained in the
fund for fiscal year 1999 and each fiscal year thereafter shall be
available for obligation and expenditure only in accordance with section
605 of this Act: Provided further, That no later than 30 days after the
end of each fiscal year, amounts in excess of this reserve limitation
shall be deposited as miscellaneous receipts in the Treasury: Provided
further, That such franchise fund pilot program shall terminate pursuant
to section 403(f) of Public Law 103-356.
Sec. 210. No funds may be used under this Act to process or register
any application filed or submitted with the Patent and Trademark Office
under the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes'', approved
July 5, 1946, commonly referred to as the Trademark Act of 1946, as
amended, after the date of enactment of this Act for a mark identical to
the official tribal insignia of any federally recognized Indian tribe
for a period of one year from the date of enactment of this Act.
[[Page 112 STAT. 2681-88]]
Sec. 211. (a)(1) Notwithstanding any other provision of law, no
transaction or payment shall be authorized or approved pursuant to
section 515.527 of title 31, Code of Federal Regulations, as in effect
on September 9, 1998, with respect to a mark, trade name, or commercial
name that is the same as or substantially similar to a mark, trade name,
or commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of the mark, trade name,
or commercial name, or the bona fide successor-in-interest has expressly
consented.
(2) No U.S. court shall recognize, enforce or otherwise validate any
assertion of rights by a designated national based on common law rights
or registration obtained under such section 515.527 of such a
confiscated mark, trade name, or commercial name.
(b) No U.S. court shall recognize, enforce or otherwise validate any
assertion of treaty rights by a designated national or its successor-in-
interest under sections 44 (b) or (e) of the Trademark Act of 1946 (15
U.S.C. 1126 (b) or (e)) for a mark, trade name, or commercial name that
is the same as or substantially similar to a mark, trade name, or
commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of such mark, trade
name, or commercial name, or the bona fide successor-in-interest has
expressly consented.
<> (c) The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to carry out the
provisions of this section.
(d) In this section:
(1) The term ``designated national'' has the meaning given
such term in section 515.305 of title 31, Code of Federal
Regulations, as in effect on September 9, 1998, and includes a
national of any foreign country who is a successor-in-interest
to a designated national.
(2) The term ``confiscated'' has the meaning given such term
in section 515.336 of title 31, Code of Federal Regulations, as
in effect on September 9, 1998.
Sec. 212. (a) Subject to subsection (b), the Secretary of Commerce
shall convey, at fair market value (as determined by the Secretary), to
the city of Two Harbors, Minnesota, or its designee, the parcel of land
described in subsection (c).
(b) The Secretary may make the conveyance under subsection (a) only
if the Secretary receives adequate assurances, as determined by the
Secretary, that the conveyance is in accordance with the requirements of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.).
(c) The parcel of land referred to in subsection (a) consists of
approximately 21.55 acres known as the J and J Casting site, in Lake
County, Minnesota, together with a road easement, all as described in
the deed of the United States Marshal, dated March 22, 1988, executed
pursuant to the order of sale of the United States District Court for
the District of Minnesota, dated May 15, 1987, in case Civil No. 5-86-
300.
(d) The Secretary shall carry out this section acting through the
Assistant Secretary of Commerce for Economic Development.
Sec. 213. The Secretary of Commerce, through the Under Secretary for
Oceans and Atmosphere, is authorized to exchange, under such terms as
the Secretary deems appropriate, all right, title, and interest in the
28.16 acre Lena Point property near Juneau, Alaska, to site a National
Oceanic and Atmospheric Administration
[[Page 112 STAT. 2681-89]]
facility: Provided, That the Secretary is authorized to enter into an
agreement with the owner of the Lena Point site to modify existing rock
quarry operations to minimize future site development costs, and to
provide appropriated funds for project mitigation purposes: Provided
further, That Section 2(b) of Public Law 104-91 is amended by striking
``on Auke Cape near Juneau, Alaska'' and inserting in lieu thereof ``in
Alaska''.
Sec. 214. The National Oceanic and Atmospheric Administration (NOAA)
is authorized to provide an easement, lease, license or other long-term
agreement to allow the State of Alaska to own, operate and maintain a
laboratory, classroom, and office facility on the site of the NOAA
facility and to accept and expend State funds for development of joint
facilities that will be owned and operated by NOAA: Provided, That NOAA
is authorized to collect operation and maintenance costs from the State
of Alaska and to retain said funds for utility costs, and current and
future facility maintenance costs.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1999''.
<> TITLE III--THE
JUDICIARY
Supreme Court of the United States
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $31,059,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), $5,400,000, of which $2,364,000 shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $16,101,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and 8 judges, salaries of the
officers and employees of the court, services as authorized by 5
[[Page 112 STAT. 2681-90]]
U.S.C. 3109, and necessary expenses of the court, as authorized by law,
$11,804,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,821,821,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,515,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by law,
$41,043,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, as authorized by section
190001(a) of Public Law 103-322, and sections 818 and 823 of Public Law
104-132.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d), $360,952,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
[[Page 112 STAT. 2681-91]]
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $66,861,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
Court Security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection of
packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $174,569,000, of which not to exceed
$10,000,000 shall remain available until expended for security systems,
to be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering elements of the
Judicial Security Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $54,500,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $17,716,000; of which $1,800,000 shall remain
available through September 30, 2000, to provide education and training
to Federal court personnel; and of which not to exceed $1,000 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $27,500,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c),
[[Page 112 STAT. 2681-92]]
$7,800,000; and to the United States Court of Federal Claims Judges'
Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,000,000.
United States Sentencing Commission
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $9,487,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
This title may be cited as ``The Judiciary Appropriations Act,
1999''.
<> TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by the
State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and
[[Page 112 STAT. 2681-93]]
22 U.S.C. 2674; and for expenses of general administration,
$1,644,300,000: Provided, That, of the amount made available under this
heading, not to exceed $4,000,000 may be transferred to, and merged
with, funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That of the amount
made available under this heading, $500,000 shall be available only for
the National Law Center for Inter-American Free Trade:
Provided <> further, That notwithstanding
section 140(a)(5), and the second sentence of section 140(a)(3), of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), fees may be collected during fiscal years 1999 and 2000
under the authority of section 140(a)(1) of that Act: Provided further,
That all fees collected under the preceding proviso shall be deposited
in fiscal years 1999 and 2000 as an offsetting collection to
appropriations made under this heading to recover costs as set forth
under section 140(a)(2) of that Act and shall remain available until
expended.
In addition, not to exceed $1,252,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act (Public Law 90-553), as amended; in addition,
as authorized by section 5 of such Act, $490,000, to be derived from the
reserve authorized by that section, to be used for the purposes set out
in that section; and, in addition, not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent of
the amounts made available in this Act in the appropriation accounts
``Diplomatic and Consular Programs'' and ``Salaries and Expenses'' under
the heading ``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any transfer
pursuant to this sentence shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $355,000,000: Provided, That, of
this amount, $813,333 shall be transferred to the Presidential Advisory
Commission on Holocaust Assets in the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund, $80,000,000,
to remain available until expended, as authorized in Public Law 103-236:
Provided, That section 135(e) of Public Law 103-236 shall not apply to
funds available under this heading.
[[Page 112 STAT. 2681-94]]
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as
it relates to post inspections.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,350,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000,
to remain available until September 30, 2000.
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving,
maintaining, repairing, and planning for, buildings that are owned or
directly leased by the Department of State, renovating, in addition to
funds otherwise available, the Main State Building, and carrying out the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $403,561,000, to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)): Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $5,500,000 to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by section 4
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out
the direct loan program, $607,000, which may be transferred to and
merged with the Salaries and Expenses account under Administration of
Foreign Affairs.
[[Page 112 STAT. 2681-95]]
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act, Public
Law 96-8, $14,750,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $132,500,000.
<> International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $922,000,000:
Provided, That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the United States
and the respective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be available for
a United States contribution to an international organization for the
United States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October
1, 1984, through external borrowings: Provided further, That, of the
funds appropriated in this paragraph, $100,000,000 may be made available
only on a semi-annual basis pursuant to a certification by the Secretary
of State on a semi-annual basis, that the United Nations has taken no
action during the preceding 6 months to increase funding for any United
Nations program without identifying an offsetting decrease during that
6-month period elsewhere in the United Nations budget and cause the
United Nations to exceed the expected reform budget for the biennium
1998-1999 of $2,533,000,000: Provided further, That not to exceed
$15,000,000 shall be transferred from funds made available under this
heading to the ``International Conferences and Contingencies'' account
for United States contributions to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, except that such transferred funds may be
obligated or expended only for Commission meetings and sessions,
provisional technical secretariat salaries and expenses, other
Commission administrative and training activities, including purchase of
training equipment, and upgrades to existing internationally based
monitoring systems involved in cooperative data sharing agreements with
the United States as of the date of enactment of this Act, until the
United States Senate ratifies the Comprehensive Nuclear Test Ban Treaty:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $1,223,000 may be transferred from the funds made available under
this heading to the ``International Conferences and Contingencies''
account for assessed contributions to new or provisional international
organizations or for travel expenses of official delegates to
international conferences: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with
[[Page 112 STAT. 2681-96]]
the procedures set forth in that section: Provided further, That not to
exceed $2,000,000 shall only be available to establish an international
center for response to chemical, biological, and nuclear weapons:
Provided further, That funds appropriated under this paragraph may be
obligated and expended to pay the full U.S. assessment to the civil
budget of the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $231,000,000: Provided,
That none of the funds made available under this Act shall be obligated
or expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency, as
far in advance as is practicable): (1) the Committees on Appropriations
of the House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost and length
of the mission, the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds pursuant to
section 605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
made available under this heading are available to pay the United States
share of the cost of court monitoring that is part of any United Nations
peacekeeping mission.
For an additional amount for payment of arrearages to meet
obligations of membership in the United Nations, and to pay assessed
expenses of international peacekeeping activities, $475,000,000, to
remain available until expended: Provided, That none of the funds
appropriated or otherwise made available under this heading for payment
of arrearages may be obligated or expended unless such obligation or
expenditure is expressly authorized by law: Provided further, That none
of the funds appropriated or otherwise made available under this heading
for payment of arrearages may be obligated or expended until such time
as the share of the total of all assessed contributions for the regular
budget of the United Nations does not exceed 22 percent for any single
United Nations member, and the share of the budget for each assessed
United Nations peacekeeping operation does not exceed 25 percent for any
single United Nations member.
[[Page 112 STAT. 2681-97]]
International <> Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $19,551,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,939,000, to remain available until expended, as authorized
by section 24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the International
Joint Commission and the International Boundary Commission, United
States and Canada, as authorized by treaties between the United States
and Canada or Great Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $5,733,000, of which not
to exceed $9,000 shall be available for representation expenses incurred
by the International Joint Commission.
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $14,549,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $8,250,000, to remain available until expended, as
authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
[[Page 112 STAT. 2681-98]]
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
nonproliferation, and disarmament activities, $41,500,000, of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to carry out
related activities authorized by law, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of such Act of 1948 (22 U.S.C. 1471), and
entertainment, including official receptions, within the United States,
not to exceed $25,000 as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1474(3)), $455,246,000: Provided, That not to exceed
$1,400,000 may be used for representation abroad as authorized by
section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the
Foreign Service Act of 1980 (22 U.S.C. 4085): Provided further, That not
to exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received from
or in connection with English teaching, library, motion pictures, and
publication programs as authorized by section 810 of such Act of 1948
(22 U.S.C. 1475e) and, notwithstanding any other law, fees from
educational advising and counseling, and exchange visitor program
services: Provided further, That not to exceed $920,000, to remain
available until expended, may be used to carry out projects involving
security construction and related improvements for agency facilities not
physically located together with Department of State facilities abroad.
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $202,500,000, to remain available until expended
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455):
Provided, That not to exceed $800,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching and
publication programs as authorized by section 810 of the United States
Information and Educational
[[Page 112 STAT. 2681-99]]
Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
provision of law, fees from educational advising and counseling:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $2,000,000 may be transferred from the funds made available under
this heading to the ``Technology Fund'' account.
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 1999, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
1999, to remain available until expended.
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities, $362,365,000,
of which not to exceed $16,000 may be used for official receptions
within the United States as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such Act of 1948
(22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085), and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes.
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International
[[Page 112 STAT. 2681-100]]
Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $22,095,000, to remain
available until expended.
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471), $13,245,000, to
remain available until expended, as authorized by section 704(a) of such
Act of 1948 (22 U.S.C. 1477b(a)).
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054-
2057), by grant to the Center for Cultural and Technical Interchange
Between East and West in the State of Hawaii, $12,500,000: Provided,
That none of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment thereof, in
excess of the rate authorized by 5 U.S.C. 5376.
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the North/South Center Act of
1991 (22 U.S.C. 2075), by grant to an educational institution in Florida
known as the North/South Center, $1,750,000, to remain available until
expended.
national endowment for democracy
For grants made by the United States Information Agency to the
National Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $31,000,000, to remain available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for services
as authorized by 5 U.S.C. 3109; and hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this Act
may be transferred between such
[[Page 112 STAT. 2681-101]]
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 403. (a) An employee who regularly commutes from his or her
place of residence in the continental United States to an official duty
station in Canada or Mexico shall receive a border equalization
adjustment equal to the amount of comparability payments under section
5304 of title 5, United States Code, that he or she would receive if
assigned to an official duty station within the United States locality
pay area closest to the employee's official duty station.
(b) For purposes of this section, the term ``employee'' shall mean a
person who--
(1) is an ``employee'' as defined under section 2105 of
title 5, United States Code; and
(2) is employed by the United States Department of State,
the United States Information Agency, the United States Agency
for International Development, or the International Joint
Commission, except that the term shall not include members of
the Foreign Service as defined by section 103 of the Foreign
Service Act of 1980 (Public Law 96-465), section 3903 of title
22, United States Code.
(c) An equalization adjustment payable under this section shall be
considered basic pay for the same purposes as are comparability payments
under section 5304 of title 5, United States Code, and its implementing
regulations.
(d) The agencies referenced in subsection (c)(2) are authorized to
promulgate regulations to carry out the purposes of this section.
Sec. 404. (a) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking ``needed, except'' and all
that follows through ``United States'' and inserting ``needed''.
(b) The second sentence of section 7(b) of the Japan-United States
Friendship Act (22 U.S.C. 2906(b)) is amended to read as follows: ``Such
investment may be made only in interest-bearing obligations of the
United States, in obligations guaranteed as to both principal and
interest by the United States, in interest-bearing obligations of Japan,
or in obligations guaranteed as to both principal and interest by
Japan.''.
Sec. 405. The Director of the United States Information Agency is
authorized to administer summer travel and work programs without regard
to preplacement requirements.
Sec. 406. Section 12 of the International Organizations Immunities
Act (22 U.S.C. 288f-2) is amended by inserting ``and the United Nations
Industrial Development Organization'' after ``International Labor
Organization''.
Sec. 407. (a) Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) For purposes of this section, the term `criminal
investigator' includes a special agent occupying a position under title
II of Public Law 99-399 if such special agent--
``(A) meets the definition of such term under paragraph (2)
of subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
[[Page 112 STAT. 2681-102]]
``(B) such special agent satisfies the requirements of
subsection (d) without taking into account any hours described
in paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to a special agent
under this subsection--
``(A) any reference in such subsection to `basic pay' shall
be considered to include amounts designated as `salary';
``(B) paragraph (2)(A) of such subsection shall be
considered to include (in addition to the provisions of law
specified therein) sections 609(b)(1), 805, 806, and 856 of the
Foreign Service Act of 1980; and
``(C) paragraph (2)(B) of such subsection shall be applied
by substituting for `Office of Personnel Management' the
following: `Office of Personnel Management or the Secretary of
State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)'.''.
(b) Not later than the date on which the amendments made by this
section take effect, each special agent of the Diplomatic Security
Service who satisfies the requirements of subsection (k)(1) of section
5545a of title 5, United States Code, as amended by this section, and
the appropriate supervisory officer, to be designated by the Secretary
of State, shall make an initial certification to the Secretary of State
that the special agent is expected to meet the requirements of
subsection (d) of such section 5545a. The Secretary of State may
prescribe procedures necessary to administer this subsection.
(c)(1) Paragraph (2) of section 5545a(a) of title 5, United States
Code, is amended (in the matter before subparagraph (A)) by striking
``Public Law 99-399)'' and inserting ``Public Law 99-399, subject to
subsection (k))''.
(2) Section 5542(e) of such title is amended by striking ``title 18,
United States Code,'' and inserting ``title 18 or section 37(a)(3) of
the State Department Basic Authorities Act of 1956,''.
<> (d) The amendments made
by this section shall take effect on the first day of the first
applicable pay period--
(1) which begins on or after the 90th day following the date
of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State) in
effect.
Sec. 408. None of the funds made available in this Act may be used
by the Department of State or the United States Information Agency to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. <> 409. During the current fiscal year
and hereafter, the Secretary of State shall have discretionary authority
to pay tort claims in the manner authorized by section 2672 of title 28,
United States Code, when such claims arise in foreign countries in
connection with the overseas operations of the Department of State.
Sec. 410. (a)(1)(A) Notwithstanding any other provision of law and
subject to subparagraph (B), the Secretary of State and the Attorney
General shall impose, for the processing of any application for the
issuance of a machine readable combined border crossing card and
nonimmigrant visa under section 101(a)(15)(B) of the Immigration and
Nationality Act, a fee of $13 (for recovery of
[[Page 112 STAT. 2681-103]]
the costs of manufacturing the combined card and visa) in the case of
any alien under 15 years of age where the application for the machine
readable combined border crossing card and nonimmigrant visa is made in
Mexico by a citizen of Mexico who has at least one parent or guardian
who has a visa under such section or is applying for a machine readable
combined border crossing card and nonimmigrant visa under such section
as well.
(B) The Secretary of State and the Attorney General may not commence
implementation of the requirement in subparagraph (A) until the later
of--
(i) the date that is 6 months after the date of enactment of
this Act; or
(ii) the date on which the Secretary sets the amount of the
fee or surcharge in accordance with paragraph (3).
(2)(A) Except as provided in subparagraph (B), if the fee for a
machine readable combined border crossing card and nonimmigrant visa
issued under section 101(a)(15)(B) of the Immigration and Nationality
Act has been reduced under paragraph (1) for a child under 15 years of
age, the machine readable combined border crossing card and nonimmigrant
visa shall be issued to expire on the earlier of--
(i) the date on which the child attains the age of 15; or
(ii) ten years after its date of issue.
(B) At the request of the parent or guardian of any alien under 15
years of age otherwise covered by subparagraph (A), the Secretary of
State and the Attorney General may charge the non-reduced fee for the
processing of an application for the issuance of a machine readable
combined border crossing card and nonimmigrant visa under section
101(a)(15)(B) of the Immigration and Nationality Act provided that the
machine readable combined border crossing card and nonimmigrant visa is
issued to expire as of the same date as is usually provided for visas
issued under that section.
(3) Notwithstanding any other provision of law, the Secretary of
State shall set the amount of the fee or surcharge authorized pursuant
to section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note) for the
processing of machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas at a level that
will ensure the full recovery by the Department of State of the costs of
processing such machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas, including the
costs of processing the machine readable combined border crossing cards
and nonimmigrant visas for which the fee is reduced pursuant to this
subsection.
(b) The Secretary of State shall continue, until the date that is 5
years after the date of the enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note et seq.),
to process applications for visas under section 101(a)(15)(B) of the
Immigration and Nationality Act at the following cities in Mexico
located near the international border with the United States: Nogales,
Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
[[Page 112 STAT. 2681-104]]
(c) Section 104(b)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by
striking ``3 years'' and inserting ``5 years''.
Sec. 411. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency, and the
Department of State may be obligated and expended notwithstanding
section 701 of the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, section 53 of the Arms Control and
Disarmament Act, and section 15 of the State Department Basic
Authorities Act of 1956.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1999''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$89,650,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $69,303,000.
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $6,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, not to exceed $3,725,000, which shall be transferred to
and merged with the appropriation for Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from
the construction fund established by the Merchant Marine
[[Page 112 STAT. 2681-105]]
Act, 1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $265,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,900,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ
in excess of 4 full-time individuals under Schedule C of the Excepted
Service exclusive of 1 special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson who is permitted 125 billable days.
Commission on Security and Cooperation In Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $1,170,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $29,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$279,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
[[Page 112 STAT. 2681-106]]
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $192,000,000, of which not to exceed $300,000 shall remain
available until September 30, 2000, for research and policy studies:
Provided, That $172,523,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications Act
of 1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
1999 so as to result in a final fiscal year 1999 appropriation estimated
at $19,477,000: Provided further, That any offsetting collections
received in excess of $172,523,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-02, $14,150,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $86,679,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or persons
for collection services in accordance with the terms of 31 U.S.C. 3718,
as amended: Provided further, That, notwithstanding any other provision
of law, not to exceed $76,500,000 of offsetting collections derived from
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as such
[[Page 112 STAT. 2681-107]]
offsetting collections are received during fiscal year 1999, so as to
result in a final fiscal year 1999 appropriation from the General Fund
estimated at not more than $10,179,000, to remain available until
expended: Provided further, That none of the funds made available to the
Federal Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).
Legal Services Corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$300,000,000, of which $289,000,000 is for basic field programs and
required independent audits; $2,015,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; and $8,985,000 is for
management and administration.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 1998 and 1999, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $1,240,000.
Commission on Ocean Policy
For necessary expenses of the Commission on Ocean Policy,
$3,500,000, to remain available until expended: Provided, That the funds
provided in this Act for the Commission on Ocean Policy shall become
available only upon the enactment of authorizing legislation.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official
[[Page 112 STAT. 2681-108]]
reception and representation expenses, $23,000,000; and, in addition, to
remain available until expended, from fees collected in fiscal year
1998, $87,000,000, and from fees collected in fiscal year 1999,
$214,000,000; of which not to exceed $10,000 may be used toward funding
a permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b)(4) of the Securities Act of 1933
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(d)) shall be credited to this account as offsetting
collections.
Small Business Administration
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $288,300,000, of which: $3,500,000 shall be available for a
grant to the NTTC at Wheeling Jesuit University to continue the outreach
program to assist small business development; $4,000,000 shall be
available for a grant for Western Carolina University to develop a
facility to assist in small business and rural economic development;
$2,000,000 shall be available for a grant for the City of Hazard,
Kentucky for a Center for Rural Law Enforcement Technology and Training;
$1,500,000 shall be available for a grant to the State University of New
York to develop a facility and operate the Institute of Entrepreneurship
for small business and workforce development; $1,500,000 shall be
available for a grant for Pikeville College for a telemedicine learning
and resource center; $1,000,000 shall be available for a grant for the
Center for Excellence in Marine Science Education at Southampton
College; $1,000,000 shall be for a grant to King's College in Wilkes-
Barre, Pennsylvania, for the commercialization of pulverization
technologies; $850,000 shall be available for a grant for the Carbondale
Technology Transfer Center in Lackawanna County, Pennsylvania;
$1,000,000 shall be available for a grant for the Institute for Software
Research in Fairmont, West Virginia, for Institute operations and to
further develop their capability to perform basic and applied research
aimed at software engineering, biometrics, image processing and
networks; $500,000 shall be available for a grant for the Altoona
Science and Technology Research Academy in Altoona, Pennsylvania;
$200,000 shall be available for a grant to the City of Prestonburg,
Kentucky for a regional
[[Page 112 STAT. 2681-109]]
arts and tourism center; $300,000 shall be available for a grant for the
City of Parkersburg, West Virginia for infrastructure improvements,
facility upgrades, and property acquisition associated with community
non-profit service and enrichment projects; $200,000 shall be available
for a grant for the Vandalia Heritage Foundation to fulfill its charter
purposes; $1,000,000 shall be available for a grant for the Moundsville
Economic Development Council to work in conjunction with the Office of
Law Enforcement Technology Commercialization for the establishment of
the National Corrections and Law Enforcement Training and Technology
Center, and for infrastructure improvements associated with this
initiative; and $250,000 shall be available for a grant for the
Johnstown Area Regional Industries Defense Procurement Center to
establish a Year 2000 challenge grant program to assist small businesses
that rely heavily on the Federal Government's acquisition system for
their livelihood, and help provide a solution to the Year 2000 computer
problem: Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations: Provided
further, That $82,000,000 shall be available to fund grants for
performance in fiscal year 1999 or fiscal year 2000 as authorized by
section 21 of the Small Business Act, as amended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $10,800,000.
business loans program account
For the cost of direct loans, $2,200,000, to be available until
expended; and for the cost of guaranteed loans, $128,030,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2000: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further, That
of the funds previously made available under Public Law 105-135, section
507(g), for the Delta Loan program, up to $20,000,000 may be transferred
to and merged with the appropriations for salaries and expenses:
Provided further, That during fiscal year 1999, commitments to guarantee
loans under section 503 of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of financings authorized under
section 20(d)(1)(B)(ii) of the Small Business Act, as amended: Provided
further, That during fiscal year 1999, commitments for general business
loans authorized under section 7(a) of the Small Business Act, as
amended, shall not exceed $10,000,000,000 without prior notification of
the Committees on Appropriations of the House of Representatives and
Senate in accordance with section 605 of this Act.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $94,000,000, which may be
[[Page 112 STAT. 2681-110]]
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $76,329,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $116,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, including $500,000 for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program, and
said sums shall be transferred to and merged with appropriations for the
Office of Inspector General.
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$3,300,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572 (106 Stat. 4515-4516)), $6,850,000, to remain available until
expended: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available
[[Page 112 STAT. 2681-111]]
for public inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 1999,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes any
functions, or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any
[[Page 112 STAT. 2681-112]]
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409
of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made available
by this Act may be obligated or expended to pay for any cost incurred
for: (1) opening or operating any United States diplomatic or consular
post in the Socialist Republic of Vietnam that was not operating on July
11, 1995; (2) expanding any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was operating on July 11, 1995;
or (3) increasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Republic of Vietnam
above the levels existing on July 11, 1995; unless the President
certifies within 60 days the following:
(A) Based upon all information available to the United
States Government, the Government of the Socialist Republic of
Vietnam is fully cooperating in good faith with the United
States in the following:
(i) Resolving discrepancy cases, live sightings, and
field activities.
(ii) Recovering and repatriating American remains.
(iii) Accelerating efforts to provide documents that
will help lead to fullest possible accounting of
prisoners of war and missing in action.
(iv) Providing further assistance in implementing
trilateral investigations with Laos.
(B) The remains, artifacts, eyewitness accounts, archival
material, and other evidence associated with prisoners of war
and missing in action recovered from crash sites, military
actions, and other locations in Southeast Asia are being
thoroughly analyzed by the appropriate laboratories with the
intent of providing surviving relatives with scientifically
defensible, legal determinations of death or other
accountability that are fully documented and available in
unclassified and unredacted form to immediate family members.
Sec. 610. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such a
recommendation.
[[Page 112 STAT. 2681-113]]
Sec. 611. None of the funds made available in this Act shall be used
to provide the following amenities or personal comforts in the Federal
prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration (NOAA) under the
headings ``Operations, Research, and Facilities'' and ``Procurement,
Acquisition and Construction'' may be used to implement sections 603,
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that takes fully
into account opportunities for contracting for fisheries surveys.
Sec. 613. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 614. None of the funds made available in this Act to the
Federal Bureau of Prisons may be used to distribute or make available
any commercially published information or material to a prisoner when it
is made known to the Federal official having authority to obligate or
expend such funds that such information or material is sexually explicit
or features nudity.
Sec. 615. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to an
entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
[[Page 112 STAT. 2681-114]]
insurance benefits at the time of retirement or separation as they
received while on duty.
Sec. 616. (a) None of the funds appropriated or otherwise made
available in this Act shall be used to issue visas to any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-Hubert
Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon by
President Rene Preval;
(3) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr.,
and was credibly alleged to have ordered, carried out, or
materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to have
planned, ordered, or participated with members of the Haitian
Armed Forces in--
(A) the September 1991 coup against any person who
was a duly elected government official of Haiti (or a
member of the family of such official), or
(B) the murders of thousands of Haitians during the
period 1991 through 1994; or
(5) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned, ordered,
or participated in acts of violence against the Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the Secretary of
State finds, on a case-by-case basis, that the entry into the United
States of a person who would otherwise be excluded under this section is
necessary for medical reasons or such person has cooperated fully with
the investigation of these political murders. If the Secretary of State
exempts any such person, the Secretary shall notify the appropriate
congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of mission
in Haiti shall provide the Secretary of State a list of those who have
been credibly alleged to have ordered or carried out the extrajudicial
and political killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later than
3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the Attorney
General shall submit to the appropriate congressional committees a list
of aliens refused entry to the United States as a result of this
provision.
[[Page 112 STAT. 2681-115]]
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment of this
Act and not later than March 1 of each year thereafter as long as the
Government of Haiti has not completed the investigation of the
extrajudicial and political killings and has not prosecuted those
implicated for the killings specified in paragraph (1) of subsection
(a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.
Sec. 617. (a) None of the funds made available in this Act may be
used to issue or renew a fishing permit or authorization for any fishing
vessel of the United States greater than 165 feet in registered length
or of more than 750 gross registered tons, and that has an engine or
engines capable of producing a total of more than 3,000 shaft
horsepower--
(1) as specified in the permit application required under
part 648.4(a)(5) of title 50, Code of Federal Regulations, part
648.12 of title 50, Code of Federal Regulations, and the
authorization required under part 648.80(d)(2) of title 50, Code
of Federal Regulations, to engage in fishing for Atlantic
mackerel or herring (or both) under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); or
(2) that would allow such a vessel to engage in the
catching, taking, or harvesting of fish in any other fishery
within the exclusive economic zone of the United States (except
territories), unless a certificate of documentation had been
issued for the vessel and endorsed with a fishery endorsement
that was effective on September 25, 1997, and such fishery
endorsement was not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or renewed prior to
the date of the enactment of this Act for a fishing vessel to which the
prohibition in subsection (a)(1) applies that would allow such vessel to
engage in fishing for Atlantic mackerel or herring (or both) during
fiscal year 1999 shall be null and void, and none of the funds made
available in this Act may be used to issue a fishing permit or
authorization that would allow a vessel whose permit or authorization
was made null and void pursuant to this subsection to engage in the
catching, taking, or harvesting of fish in any other fishery within the
exclusive economic zone of the United States.
Sec. 618. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 619. None of the funds made available in this Act may be used
to pay the expenses of an election officer appointed by a court to
oversee an election of any officer or trustee for the International
Brotherhood of Teamsters.
Sec. 620. Section 1303 of the International Security and Development
Corporation Act of 1985 (16 U.S.C. 469j) is amended in subsection (e),
by striking ``three'' and inserting ``six''.
[[Page 112 STAT. 2681-116]]
Sec. 621. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for (1) the implementation of any tax
or fee in connection with the implementation of 18 U.S.C. 922(t); (2)
any system to implement 18 U.S.C. 922(t) that does not require and
result in the destruction of any identifying information submitted by or
on behalf of any person who has been determined not to be prohibited
from owning a firearm.
Sec. 622. Not later than 60 days after the date of enactment of this
Act, the United States Trade Representative (in this section referred to
as the ``Trade Representative'') shall report to Congress on the Trade
Representative's analysis regarding--
(1) whether the Korean Government provided subsidies to
Hanbo Steel;
(2) whether such subsidies had an adverse effect on United
States companies;
(3) the status of the Trade Representative's contacts with
the Korean Government with respect to industry concerns
regarding Hanbo Steel and efforts to eliminate subsidies; and
(4) the status of the Trade Representative's contacts with
other Asian trading partners regarding the adverse effect of
Korean steel subsidies on such trading partners.
(b) The report described in subsection (a) shall also include
information on the status of any investigations initiated as a result of
press reports that the Korean Government ordered Pohang Iron and Steel
Company, in which the Government owns a controlling interest, to sell
steel in Korea at a price that is 30 percent lower than the
international market prices.
Sec. 623. None of the funds made available in this or any other Act
may be used to implement, administer, or enforce Executive Order No.
13083 (titled ``Federalism'' and dated May 14, 1998).
Sec. 624. (a) Section 118 of title 28, United States Code, is
amended--
(1) in subsection (a) by striking ``Philadelphia, and
Schuylkill'' and inserting ``and Philadelphia''; and
(2) in subsection (b) by inserting ``Schuylkill,'' after
``Potter,''.
<> (b)(1) This section and
the amendments made by this section shall take effect 180 days after the
date of the enactment of this Act.
(2) This section and the amendments made by this section shall not
affect any action commenced before the effective date of this section
and pending on such date in the United States District Court for the
Eastern District of Pennsylvania.
(3) This section and the amendments made by this section shall not
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on the effective date of
this section.
Sec. 625. Beginning 60 days from the date of enactment of this Act,
none of the funds appropriated or otherwise made available by this Act
may be made available for the participation by delegates of the United
States to the Standing Consultative Commission unless the President
certifies and so reports to the Committees on Appropriations that the
United States Government is not implementing the Memorandum of
Understanding Relating to the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the limitation of
Anti-Ballistic Missile
[[Page 112 STAT. 2681-117]]
Systems of May 26, 1972, entered into in New York on September 26, 1997,
by the United States, Russia, Kazakhstan, Belarus, and Ukraine, or until
the Senate provides its advice and consent to the Memorandum of
Understanding.
Sec. 626. (a) Notwithstanding any other provisions of this Act,
appropriations and funds made available and authority granted pursuant
to this Act (the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999) shall cease to
be available after June 15, 1999.
(b) Appropriations and funds made available by or authority granted
pursuant to the Act referenced in subsection (a) shall be apportioned
under section 1513 of title 31, United States Code, in the manner
established for funds provided by a joint resolution making continuing
appropriations.
(c) Appropriations made and authority granted pursuant to the Act
referenced in subsection (a) shall cover all obligations or expenditures
incurred for any program, project or activity during the period for
which funds or authority for such project or activity are available
under such Act.
(d) Expenditures made during the period for which funds or authority
are available under such Act shall be charged to the full-year amount
provided for the applicable appropriation, fund, or authorization.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
Of the unobligated balances available under this heading on
September 30, 1998, $99,000,000 are rescinded.
Legal Activities
Of the unobligated balances available under this heading, $2,000,000
are rescinded.
Federal Bureau of Investigation
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``Construction, 1998'', $4,000,000;
``Salaries and Expenses, no year'', $6,400,000;
``Violent Crime Reduction Program, 1996'', $2,000,000; and
[[Page 112 STAT. 2681-118]]
``Violent Crime Reduction Program, 1997'', $300,000.
Immigration and Naturalization Service
Of the unobligated balances available under this heading, $5,000,000
are rescinded.
DEPARTMENT OF COMMERCE
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``United States Travel and Tourism Administration, no
year'', $915,000; and
``Endowment for Children's Educational TV, no year'',
$1,175,000.
National Institute of Standards and Technology
Of the unobligated balances available under this heading for the
Advanced Technology Program, $6,000,000 are rescinded.
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Of the unobligated balances available under this heading,
$17,000,000 are rescinded.
TITLE VIII
SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530B. Ethical standards for attorneys for the Government
``(a) An attorney for the Government shall be subject to State laws
and rules, and local Federal court rules, governing attorneys in each
State where such attorney engages in that attorney's duties, to the same
extent and in the same manner as other attorneys in that State.
``(b) The Attorney General shall make and amend rules of the
Department of Justice to assure compliance with this section.
``(c) As used in this section, the term `attorney for the
Government' includes any attorney described in section 77.2(a) of part
[[Page 112 STAT. 2681-119]]
77 of title 28 of the Code of Federal Regulations and also includes any
independent counsel, or employee of such a counsel, appointed under
chapter 40.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended by adding at the
end the following new item:
``530B. Ethical standards for attorneys for the Government.''.
<> (c) Effective Date.--The amendments
made by this section shall take effect 180 days after the date of the
enactment of this Act and shall apply during that portion of fiscal year
1999 that follows that taking effect, and in each succeeding fiscal
year.
<> TITLE IX NATIONAL WHALE CONSERVATION FUND ACT
Sec. 901. Short Title. This title may be cited as the ``National
Whale Conservation Fund Act of 1998''.
Sec. 902. Findings. Congress finds that--
(1) the populations of whales that occur in waters of the
United States are resources of substantial ecological,
scientific, socioeconomic, and esthetic value;
(2) whale populations--
(A) form a significant component of marine
ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale watching
tourist industry that provides the public an opportunity
to enjoy and learn about great whales and the ecosystems
of which the whales are a part; and
(D) are of importance to Native Americans for
cultural and subsistence purposes;
(3) whale populations are in various stages of recovery, and
some whale populations, such as the northern right whale
(Eubaleana glacialis) remain perilously close to extinction;
(4) the interactions that occur between ship traffic,
commercial fishing, whale watching vessels, and other
recreational vessels and whale populations may affect whale
populations adversely;
(5) the exploration and development of oil, gas, and hard
mineral resources, marine debris, chemical pollutants, noise,
and other anthropogenic sources of change in the habitat of
whales may affect whale populations adversely;
(6) the conservation of whale populations is subject to
difficult challenges related to--
(A) the migration of whale populations across
international boundaries;
(B) the size of individual whales, as that size
precludes certain conservation research procedures that
may be used for other animal species, such as captive
research and breeding;
(C) the low reproductive rates of whales that
require long-term conservation programs to ensure
recovery of whale populations; and
(D) the occurrence of whale populations in offshore
waters where undertaking research, monitoring, and
conservation measures is difficult and costly;
(7)(A) the Secretary of Commerce, through the Administrator
of the National Oceanic and Atmospheric Administration,
[[Page 112 STAT. 2681-120]]
has research and regulatory responsibility for the conservation
of whales under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.); and
(B) the heads of other Federal agencies and the Marine
Mammal Commission established under section 201 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1401) have related
research and management activities under the Marine Mammal
Protection Act of 1972 or the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(8) the funding available for the activities described in
paragraph (8) is insufficient to support all necessary whale
conservation and recovery activities; and
(9) there is a need to facilitate the use of funds from non-
Federal sources to carry out the conservation of whales.
Sec. 903. National Whale Conservation Fund. Section 4 of the
National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended
by adding at the end the following:
``(f)(1) In carrying out the purposes under section 2(b), the
Foundation may establish a national whale conservation endowment fund,
to be used by the Foundation to support research, management activities,
or educational programs that contribute to the protection, conservation,
or recovery of whale populations in waters of the United States.
``(2)(A) In a manner consistent with subsection (c)(1), the
Foundation may--
``(i) accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest made to the Foundation for the
express purpose of supporting whale conservation; and
``(ii) deposit in the endowment fund under paragraph (1) any
funds made available to the Foundation under this subparagraph,
including any income or interest earned from a gift, devise, or
bequest received by the Foundation under this subparagraph.
``(B) To raise funds to be deposited in the endowment fund under
paragraph (1), the Foundation may enter into appropriate arrangements to
provide for the design, copyright, production, marketing, or licensing,
of logos, seals, decals, stamps, or any other item that the Foundation
determines to be appropriate.
``(C)(i) The Secretary of Commerce may transfer to the Foundation
for deposit in the endowment fund under paragraph (1) any amount (or
portion thereof) received by the Secretary under section 105(a)(1) of
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a
civil penalty assessed by the Secretary under that section.
``(ii) The Directors of the Board shall ensure that any amounts
transferred to the Foundation under clause (i) for the endowment fund
under paragraph (1) are deposited in that fund in accordance with this
subparagraph.
``(3) It is the intent of Congress that in making expenditures from
the endowment fund under paragraph (1) to carry out activities specified
in that paragraph, the Foundation should give priority to funding
projects that address the conservation of populations of whales that the
Foundation determines--
``(A) are the most endangered (including the northern right
whale (Eubaleana glacialis)); or
[[Page 112 STAT. 2681-121]]
``(B) most warrant, and are most likely to benefit from,
research management, or educational activities that may be
funded with amounts made available from the fund.
``(g) In carrying out any action on the part of the Foundation under
subsection (f), the Directors of the Board shall consult with the
Administrator of the National Oceanic and Atmospheric Administration and
the Marine Mammal Commission.''.
This Act may be cited as the ``Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1999''.
(c) For programs, projects or activities in the District of Columbia
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
FEDERAL FUNDS
Metrorail Improvements and Expansion
For a Federal contribution to the Washington Metropolitan Area
Transit Authority for improvements and expansion of the Mount Vernon
Square Metrorail station located at the site of the proposed Washington
Convention Center project, $25,000,000, to remain available until
expended.
Federal Payment for Management Reform
For payment to the District of Columbia, $25,000,000, to remain
available until September 30, 1999, which shall be deposited into an
escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority and shall be disbursed from such escrow
account by the Authority pursuant to the instructions of the Authority
only for a program of management reform pursuant to sections 11101-11106
of the District of Columbia Management Reform Act of 1997, Public Law
105-33.
Federal Payment for Boys Town U.S.A. Operations in the District of
Columbia
For a Federal contribution of $7,100,000 to be paid to the Board of
Trustees of Boys Town U.S.A. for expansion of the operations of Boys
Town of Washington, located at 4801 Sargent Road, Northeast, said funds
to be allocated as follows: $4,700,000 in capital costs for the
construction of one emergency short-term residential center and four
long-term residential homes in the District of Columbia; and $2,400,000
in first-year operating expenses for said facilities: Provided, That
said Board of Trustees shall provide quarterly financial reports during
fiscal year 1999 on the expenditure of said funds to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.
[[Page 112 STAT. 2681-122]]
Nation's Capital Infrastructure Fund
For a Federal contribution to the District of Columbia towards the
costs of infrastructure needs, which shall be deposited into an escrow
account of the District of Columbia Financial Responsibility and
Management Assistance Authority and disbursed by the Authority from such
account for the repair and maintenance of public safety facilities in
the District of Columbia, $18,778,000, to remain available until
expended.
Environmental Study and Related Activities at Lorton Correctional
Complex
For a Federal contribution for an environmental study and related
activities at the property on which the Lorton Correctional Complex is
located, to be transferred to the Federal agency with authority over the
Complex, $7,000,000, to remain available until expended.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For payment to the District of Columbia Corrections Trustee,
$184,800,000 for the administration and operation of correctional
facilities and for the administrative operating costs of the Office of
the Corrections Trustee, as authorized by section 11202 of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
Public Law 105-33; of which $177,385,000 shall be available for expenses
incurred in connection with the housing, in both private, District of
Columbia and Federal facilities, of the sentenced adult felon population
of the District of Columbia; $4,225,000 shall be available for personnel
initiatives in the District of Columbia Department of Corrections;
$750,000 shall be available for a system of internal controls and audits
within the Department of Corrections; and $2,440,000 shall be available
for administrative expenses: Provided, That, notwithstanding any other
provision of law, and consistent with regulations and guidance governing
the use of Federal funds by grantees, funds appropriated in this Act for
the District of Columbia Corrections Trustee shall be transferred by the
Secretary of the Treasury to said Trustee only as funds are needed to
pay properly incurred obligations.
Federal Payment to the District of Columbia Courts
Notwithstanding any other provision of law, $128,000,000 for payment
to the Joint Committee on Judicial Administration in the District of
Columbia; of which not to exceed $121,000,000 shall be for District of
Columbia Courts operation, to be allocated as follows: for the District
of Columbia Court of Appeals, $7,839,000 and 96 full-time equivalent
(FTE) positions; for the District of Columbia Superior Court,
$72,419,000 and 1,017 FTE's; for the District of Columbia court system,
$40,742,000 and 120 FTE's; and $7,000,000 shall be for capital
improvements for District of Columbia courthouse facilities: Provided,
That of amounts available for District of Columbia Courts operation, not
to exceed $6,900,000 shall be for the Counsel for Child Abuse and
Neglect program pursuant to section 1101 of title 11, D.C. Code, and
section 2304 of title 16, D.C. Code, and of which not to exceed
$25,036,000
[[Page 112 STAT. 2681-123]]
shall be to carry out sections 2602 and 2604 of title 11, D.C. Code,
relating to representation of indigents in criminal cases under the
Criminal Justice Act, in total, $31,936,000: Provided further, That
subject to normal reprogramming requirements contained in section 116 of
this Act, this $31,936,000 may be used for other purposes under this
heading: Provided further, That all amounts under this heading shall be
paid quarterly by the Treasury of the United States based on quarterly
apportionments approved by the Office of Management and Budget, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration [GSA], said services to include
the preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.
Federal Payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency
For payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency, $59,400,000, as authorized by the
National Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33; of which $33,802,000 shall be for necessary
expenses of Parole Revocation, Adult Probation and Offender Supervision,
to include expenses relating to supervision of adults subject to
protection orders or provision of services for or related to such
persons; $14,486,000 shall be available to the Public Defender Service;
and $11,112,000 shall be available to the Pretrial Services Agency:
Provided, That, notwithstanding any other provision of law, and
consistent with regulations and guidance governing the use of Federal
funds by grantees, funds appropriated in this Act for the District of
Columbia Offender Trustee shall be transferred by the Secretary of the
Treasury to said Trustee only as funds are needed to pay properly
incurred obligations.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,200,000, for
the administration and operating costs of the Citizen Complaint Review
Office.
Federal Payment for Fire Department
For payment to the Fire Department, $3,240,000, for a 5.5 percent
pay increase to be effective and paid to firefighters beginning October
1, 1998.
Federal Payment to the Georgetown Waterfront Park Fund
For payment to the Georgetown Waterfront Park Fund, $1,000,000 for
the construction and landscaping of Georgetown Waterfront Park, property
described on the District of Columbia Surveyor's Plat Number S.O. 84-
230: Provided, That the Georgetown Waterfront Park Fund provide an
amount equal to one dollar
[[Page 112 STAT. 2681-124]]
for every dollar expended, in cash or in kind, to carry out the
activities supported by the grant.
Federal Payment to Historical Society for City Museum
For a Federal payment to the Historical Society of Washington, D.C.,
for the establishment and operation of a Museum of the City of
Washington, D.C. at the Carnegie Library at Mount Vernon Square,
$2,000,000, to remain available until expended, to be deposited in a
separate account of the Society used exclusively for the establishment
and operation of such Museum: Provided, That the Secretary of the
Treasury shall make such payment in quarterly installments, and the
amount of the installment for a quarter shall be equal to the amount of
matching funds that the Society has deposited into such account for the
quarter (as certified by the Inspector General of the District of
Columbia): Provided further, That notwithstanding any other provision of
law, not later than January 1, 1999, the District of Columbia shall
enter into an agreement with the Society under which the District of
Columbia shall lease the Carnegie Library at Mount Vernon Square to the
Society beginning on such date for 99 years at a rent of $1 per year for
use as a city museum.
Federal Payment for a National Museum of American Music and for Downtown
Revitalization
For a Federal contribution to the District of Columbia to establish
a National Museum of American Music and for downtown revitalization,
$700,000 which shall be deposited into an escrow account held by the
District of Columbia Financial Responsibility and Management Assistance
Authority, to remain available until expended: Provided, That $300,000
shall be available from this appropriation for the Federal City Council
to conduct a needs and design study for a National Museum of American
Music: Provided further, That $300,000 shall be available from this
appropriation for the Washington Center Alliance to further and promote
the objectives of the Interactive Downtown Task Force: Provided further,
That $100,000 shall be paid to Save New York Avenue, Inc., for the
further improvement of that portion of New York Avenue designated as the
Capital Gateway Corridor.
United States Park Police
For a Federal payment to the United States Park Police, $8,500,000,
to acquire, modify and operate a helicopter and to make necessary
capital expenditures to the Park Police aviation unit base: Provided,
That the Chief of the United States Park Police shall provide quarterly
financial reports during fiscal year 1999 on the expenditure of said
funds to the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives.
Federal Payment for Waterfront Improvements
For a Federal payment to the District of Columbia Department of
Housing and Community Development for a study in consultation
[[Page 112 STAT. 2681-125]]
with the United States Army Corps of Engineers of necessary improvements
to the Southwest Waterfront in the District of Columbia (including
upgrading marina dock pilings and paving and restoring walkways in the
marina and fish market areas) for the portions of Federal property in
the Southwest quadrant of the District of Columbia within Lots 847 and
848, a portion of Lot 846, and the unassessed Federal real property
adjacent to Lot 848 in Square 473, and for carrying out the improvements
recommended by the study, $3,000,000: Provided, That no portion of such
funds shall be available to the District of Columbia unless the District
of Columbia executes a 30-year lease with the existing lessees, or with
their successors in interest, of such portions of property not later
than 30 days after the existing lessees or their successors in interest
have submitted to the District of Columbia acceptable plans for
improvements and private financing: Provided further, That the District
of Columbia shall report its progress on this project on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate.
Federal Payment for Mentoring Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for a mentoring program for at-risk children in
the District of Columbia, $200,000: Provided, That the International
Youth Service and Development Corps, Inc. shall submit to the Committees
on Appropriations of the House of Representatives and the Senate an
annual report due November 30, 1999, on the activities carried out with
such funds.
Federal Payment for Hotline Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for the operation of a resource hotline for low-
income individuals in the District of Columbia, $50,000: Provided, That
the International Youth Service and Development Corps, Inc. shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate an annual report due November 30, 1999, on the activities
carried out with such funds.
Federal Payment for Public Education
For a Federal contribution to the public education system for public
charter schools, $15,622,000.
Federal Payment for Medicare Coordinated Care Demonstration Project in
the District of Columbia
For payment to the District of Columbia Financial Responsibility and
Management Assistance Authority, $3,000,000 for the continued funding of
a Medicare Coordinated Care Demonstration Project in the District of
Columbia as specified in section 4016(b)(2)(C) of the Balanced Budget
Act of 1997.
Federal Payment for Children's National Medical Center
For a Federal contribution to the Children's National Medical Center
in the District of Columbia, $1,000,000 for construction,
[[Page 112 STAT. 2681-126]]
renovation, and information technology infrastructure costs associated
with establishing community pediatric health clinics for high risk
children in medically underserved areas of the District of Columbia.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $164,144,000 (including
$136,485,000 from local funds, $13,955,000 from Federal funds, and
$13,704,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the Chief Management Officer shall be available
from this appropriation for official purposes: Provided further, That
any program fees collected from the issuance of debt shall be available
for the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commission: Provided further,
That the District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally-generated revenues: Provided
further, That all employees permanently assigned to work in the Office
of the Mayor shall be paid from funds allocated to the Office of the
Mayor.
Economic Development and Regulation
Economic development and regulation, $159,039,000 (including
$45,162,000 from local funds, $83,365,000 from Federal funds, and
$30,512,000 from other funds), of which $12,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement Districts Act of
1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23):
Provided, That such funds are available for acquiring services provided
by the General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year,
$755,786,000 (including $530,945,000 from local funds, $30,327,000 from
Federal funds, and $194,514,000 from other funds): Provided,
[[Page 112 STAT. 2681-127]]
That the Metropolitan Police Department is authorized to replace not to
exceed 25 passenger-carrying vehicles and the Department of Fire and
Emergency Medical Services of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles annually whenever
the cost of repair to any damaged vehicle exceeds three-fourths of the
cost of the replacement: Provided further, That not to exceed $500,000
shall be available from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further, That the
Metropolitan Police Department shall provide quarterly reports to the
Committees on Appropriations of the House and Senate on efforts to
increase efficiency and improve the professionalism in the department:
Provided further, That notwithstanding any other provision of law, or
Mayor's Order 86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be $500,000:
Provided further, That the District of Columbia government may not
require the Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000: Provided
further, That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with services that
are performed in emergencies by the National Guard in a militia status
and are requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary for
reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided further, That
no more than 15 members of the Metropolitan Police Department shall be
detailed or assigned to the Executive Protection Unit, until the Chief
of Police submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for inmates released
on medical and geriatric parole: Provided further, That commencing on
December 31, 1998, the Metropolitan Police Department shall provide to
the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives, quarterly reports on the status of crime reduction in
each of the 83 police service areas established throughout the District
of Columbia: Provided further, That funds appropriated for expenses
under the District of Columbia Criminal Justice Act, approved September
3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et
seq.), for the fiscal year ending September 30, 1999, shall be available
for obligations incurred under the Act in each fiscal year since
inception in the fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia Neglect
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-
129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30,
1999, shall be available for obligations incurred under the Act in each
fiscal year
[[Page 112 STAT. 2681-128]]
since inception in the fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986,
effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060),
for the fiscal year ending September 30, 1999, shall be available for
obligations incurred under the Act in each fiscal year since inception
in fiscal year 1989.
Public Education System
Public education system, including the development of national
defense education programs, $788,956,000 (including $640,135,000 from
local funds, $125,869,000 from Federal funds, and $22,952,000 from other
funds), to be allocated as follows: $644,805,000 (including $545,000,000
from local funds, $95,121,000 from Federal funds, and $4,684,000 from
other funds), for the public schools of the District of Columbia;
$18,600,000 from local funds for the District of Columbia Teachers'
Retirement Fund; $27,857,000 (including $12,235,000 from local funds and
$15,622,000 from Federal funds not including funds already made
available for District of Columbia public schools) for public charter
schools: Provided, That if the entirety of this allocation has not been
provided as payments to any public charter schools currently in
operation through the per pupil funding formula, the funds shall be
available for new public charter schools on a per pupil basis: Provided
further, That $480,000 of this amount shall be available to the District
of Columbia Public Charter School Board for administrative costs:
Provided further, That the Emergency Transitional Education Board of
Trustees shall report to Congress not later than February 1, 1999, on
the implementation of their policy to give preference to newly created
District of Columbia public charter schools for surplus public school
property; $72,088,000 (including $40,148,000 from local funds,
$14,079,000 from Federal funds, and $17,861,000 from other funds) for
the University of the District of Columbia; $23,419,000 (including
$22,326,000 from local funds, $686,000 from Federal funds, and $407,000
from other funds) for the Public Library; $2,187,000 (including
$1,826,000 from local funds and $361,000 from Federal funds) for the
Commission on the Arts and Humanities: Provided further, That the public
schools of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the University of
the District of Columbia, and $2,000 for the Public Librarian shall be
available from this appropriation for official purposes: Provided
further, That $244,078 shall be used to reimburse the National Capital
Area Council of the Boy Scouts of America for services provided on
behalf of 12,600 students at 39 public schools in the District of
Columbia during fiscal year 1998 (including staff, curriculum, and
support materials): Provided further, That the Inspector General of the
District of Columbia shall certify not later than 30 days after the date
of the enactment of this Act whether or not the services were so
provided: Provided further, That the reimbursement shall be made not
later than 15 days after the Inspector General certifies that the
services were provided: Provided further, That none of the funds
contained in this Act may be made available to pay the salaries of any
District of Columbia Public School teacher, principal,
[[Page 112 STAT. 2681-129]]
administrator, official, or employee who knowingly provides false
enrollment or attendance information under article II, section 5 of the
Act entitled ``An Act to provide for compulsory school attendance, for
the taking of a school census in the District of Columbia, and for other
purposes'', approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.):
Provided further, That this appropriation shall not be available to
subsidize the education of any nonresident of the District of Columbia
at any District of Columbia public elementary or secondary school during
fiscal year 1999 unless the nonresident pays tuition to the District of
Columbia at a rate that covers 100 percent of the costs incurred by the
District of Columbia which are attributable to the education of the
nonresident (as established by the Superintendent of the District of
Columbia Public Schools): Provided further, That this appropriation
shall not be available to subsidize the education of nonresidents of the
District of Columbia at the University of the District of Columbia,
unless the Board of Trustees of the University of the District of
Columbia adopts, for the fiscal year ending September 30, 1999, a
tuition rate schedule that will establish the tuition rate for
nonresident students at a level no lower than the nonresident tuition
rate charged at comparable public institutions of higher education in
the metropolitan area.
Human Support Services
Human support services, $1,514,751,000 (including $614,679,000 from
local funds, $886,682,000 from Federal funds, and $13,390,000 from other
funds): Provided, That $21,089,000 of this appropriation, to remain
available until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided further, That a
peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant:
Provided further, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization, as defined in
section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency
shelter services in the District, if the District would not be qualified
to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law
100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $266,912,000 (including $257,242,000 from local funds,
$3,216,000 from Federal funds, and $6,454,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise Fund,
$5,400,000 from local funds.
[[Page 112 STAT. 2681-130]]
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in compliance
with the Act entitled ``An Act to provide for the establishment of a
modern, adequate, and efficient hospital center in the District of
Columbia'', approved August 7, 1946 (60 Stat. 896; Public Law 79-648);
section 1 of the Act entitled ``An Act to authorize the Commissioners of
the District of Columbia to borrow funds for capital improvement
programs and to amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's Capital
City'', approved June 6, 1958 (72 Stat. 183; Public Law 85-451; D.C.
Code, sec. 9-219); section 4 of the Act entitled ``An Act to authorize
the Commissioners of the District of Columbia to plan, construct,
operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system'', approved
June 12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 743(f)
of the District of Columbia Home Rule Act, approved December 24, 1973,
as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec. 47-321,
note; 91 Stat. 1156; Public Law 95-131; D.C. Code, sec. 9-219, note),
including interest as required thereby, $382,170,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,453,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, approved December 24, 1973, as amended (105 Stat. 540; Public
Law 102-106; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $11,000,000 from
local funds.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located at
One Judiciary Square, $7,926,000 from local funds.
Human Resources Development
For human resources development, including costs of increased
employee training, administrative reforms, and an executive compensation
system, $6,674,000 from local funds.
Productivity Savings
The Chief Financial Officer of the District of Columbia shall, under
the direction of the District of Columbia Financial Responsibility and
Management Assistance Authority, make reductions of $10,000,000 in local
funds to one or more of the appropriation headings in this Act for
productivity savings.
[[Page 112 STAT. 2681-131]]
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $318,979,000 (including $189,154,000 from local
funds, $96,691,000 from Federal funds, and $33,134,000 from other
funds): Provided, That, of the sums made available to the Commission on
Mental Health Services, $5,000,000 shall be available to a 501(c)(3)
nonprofit organization formed in 1991 and located in the District of
Columbia to finance capital improvements to community-based housing
facilities dedicated for use only by seriously and chronically mentally
ill individuals in the District of Columbia.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority, established by section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 97; Public Law 104-8), $7,840,000:
Provided, That none of the funds contained in this Act may be used to
pay any compensation of the Executive Director or General Counsel of the
Authority at a rate in excess of the maximum rate of compensation which
may be paid to such individual during fiscal year 1999 under section 102
of such Act, as determined by the Comptroller General (as described in
GAO letter report B-279095.2).
ENTERPRISE FUNDS
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct,
$273,314,000 from other funds (including $239,493,000 for the Water and
Sewer Authority and $33,821,000 for the Washington Aqueduct) of which
$39,933,000 shall be apportioned and payable to the District's debt
service fund for repayment of loans and interest incurred for capital
improvement projects.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act for the fiscal year ending
September 30, 1982, approved December 4, 1981 (95 Stat. 1174, 1175;
Public Law 97-91), as amended, for the purpose of implementing the Law
to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective March 10,
1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-1516 et
seq.), $225,200,000: Provided, That the District of Columbia shall
identify the source of funding for this appropriation title from the
District's own locally-generated revenues: Provided further, That no
revenues from Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
[[Page 112 STAT. 2681-132]]
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by the Cable
Television Communications Act of 1981, effective October 22, 1983 (D.C.
Law 5-36; D.C. Code, sec. 43-1801 et seq.), $2,108,000 from local funds.
Public Service Commission
For the Public Service Commission, $5,026,000 (including $252,000
from Federal funds and $4,774,000 from other funds).
Office of the People's Counsel
For the Office of the People's Counsel, $2,501,000 from other funds.
Department of Insurance and Securities Regulation
For the Department of Insurance and Securities Regulation,
$7,001,000 from other funds.
Office of Banking and Financial Institutions
For the Office of Banking and Financial Institutions, $640,000
(including $390,000 from local funds and $250,000 from other funds).
Starplex Fund
For the Starplex Fund, $8,751,000 from other funds for expenses
incurred by the Armory Board in the exercise of its powers granted by
the Act entitled ``An Act To Establish A District of Columbia Armory
Board, and for other purposes'', approved June 4, 1948 (62 Stat. 339;
D.C. Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Public Law 85-300;
D.C. Code, sec. 2-321 et seq.): Provided, That the Mayor shall submit a
budget for the Armory Board for the forthcoming fiscal year as required
by section 442(b) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-
301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective
August 15, 1953, $113,599,000 of which $46,835,000 shall be derived by
transfer from the general fund and $66,764,000 shall be derived from
other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121 of the
District of Columbia Retirement Reform Act of 1979, approved November
17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $18,202,000 from the
earnings of the applicable retirement funds to pay legal, management,
investment, and other fees and administrative expenses of the District
of Columbia Retirement Board:
[[Page 112 STAT. 2681-133]]
Provided, That the District of Columbia Retirement Board shall provide
to the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of
expenditures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized accounting of the
planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act, approved October 3,
1964 (78 Stat. 1000; Public Law 88-622), $3,332,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $53,539,000,
of which $5,400,000 shall be derived by transfer from the general fund.
PERSONNEL
The government of the District of Columbia shall employ no more than
32,900 FTE positions, exclusive of intra-District FTE positions, during
fiscal year 1999.
Capital Outlay
For construction projects, a net increase of $1,711,160,737
(including a rescission of $114,430,742 of which $24,437,811 is from
local funds and $89,992,931 is from highway trust funds appropriated
under this heading in prior fiscal years, and an additional
$1,825,591,479 of which $718,234,161 is from local funds, $24,452,538 is
from the highway trust fund, and $1,082,904,780 is from Federal funds),
to remain available until expended: Provided, That funds for use of each
capital project implementing agency shall be managed and controlled in
accordance with all procedures and limitations established under the
Financial Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That notwithstanding
the foregoing, all authorizations for capital outlay projects, except
those projects covered by the first sentence of section 23(a) of the
Federal-Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827;
Public Law 90-495; D.C. Code, sec. 7-134, note), for which funds are
provided by this appropriation title, shall expire on September 30,
2000, except authorizations for projects for which funds have been
obligated in whole or in part prior to September 30, 2000: Provided
further, That upon expiration of any such project authorization the
funds provided herein for the project shall lapse.
[[Page 112 STAT. 2681-134]]
General Provisions
Sec. 101. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official, and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed in the Federal
Property Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That, in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the chair of
the Council.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public
Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982,
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and
for payment of the non-Federal share of funds necessary to qualify for
grants under subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994.
Sec. 108. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be used
to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit
[[Page 112 STAT. 2681-135]]
the availability of school buildings for the use of any community or
partisan political group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management, Restructuring and
the District of Columbia of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
seq.).
Sec. 112. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before Congress or any
State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds provided under this Act to the agencies
funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for an agency through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) establishes or changes allocations
specifically denied, limited or increased by Congress in the Act; (4)
increases funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (5) reestablishes
through reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or activities
through a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less; or (7) increases by 20 percent or more personnel
assigned to a specific program, project or activity; unless the
Appropriations Committees of both the Senate and House of
Representatives are notified in writing thirty days in advance of any
reprogramming as set forth in this section.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur,
[[Page 112 STAT. 2681-136]]
or other personal servants to any officer or employee of the District of
Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in the
Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94
Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental
Protection Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply to
security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public
Law 93-198; D.C. Code, sec. 1-242(7)), the City Administrator shall be
paid, during any fiscal year, a salary at a rate established by the
Mayor, not to exceed the rate established for Level IV of the Executive
Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting the
availability of funds for payment of salary or pay in any fiscal year,
the highest rate of pay established by the Mayor under subsection (a) of
this section for any position for any period during the last quarter of
calendar year 1998 shall be deemed to be the rate of pay payable for
that position for September 30, 1998.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public
Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the
District of Columbia Redevelopment Land Agency shall be paid, during any
fiscal year, per diem compensation at a rate established by the Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with
respect to the compensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Columbia government
shall not be subject to the provisions of title 5, United States Code.
Sec. 121. The Director of the Office of Property Management may pay
rentals and repair, alter, and improve rented premises, without regard
to the provisions of section 322 of the Economy Act of 1932 (Public Law
72-212; 40 U.S.C. 278a), based upon a determination by the Director,
that by reason of circumstances set forth in such determination, the
payment of these rents and the execution of this work, without reference
to the limitations of section 322, is advantageous to the District in
terms of economy, efficiency, and the District's best interest.
Sec. 122. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 1999, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 1999 revenue estimates as of the end of the first
quarter of fiscal year 1999. These estimates shall be used in the budget
request for the fiscal year ending September 30, 2000. The officially
revised estimates at midyear shall be used for the midyear report.
Sec. 123. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
[[Page 112 STAT. 2681-137]]
without opening that contract to the competitive bidding process as set
forth in section 303 of the District of Columbia Procurement Practices
Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec.
1-1183.3), except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for which competition
is not feasible or practical: Provided, That the determination as to
whether to invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and said
determination has been reviewed and approved by the District of Columbia
Financial Responsibility and Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public
Law 99-177), as amended, the term ``program, project, and activity''
shall be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any sequestration order
shall be applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders shall not
be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 125. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037: Public Law 99-177), as amended, after
the amounts appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the Mayor of the
District of Columbia shall pay to the Secretary of the Treasury, within
15 days after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order: Provided, That
the sequestration percentage specified in the order shall be applied
proportionately to each of the Federal appropriation accounts in this
Act that are not specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 126. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 1999 if--
(1) the Mayor approves the acceptance and use of the gift or
donation: Provided, That the Council of the District of Columbia
may accept and use gifts without prior approval by the Mayor;
and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 127. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator
[[Page 112 STAT. 2681-138]]
or United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 128. (a) The University of the District of Columbia shall
submit to the Mayor, the District of Columbia Financial Responsibility
and Management Assistance Authority (hereafter in this section referred
to as ``Authority''), and the Council of the District of Columbia
(hereafter in this section referred to as ``Council'') no later than 15
calendar days after the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget, broken out on the basis of control
center, responsibility center, and object class, and for all
funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; payments made in the last month and year-to-date, the
total amount of the contract and total payments made for the
contract and any modifications, extensions, renewals; and
specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational entities
that have been changed, the name of the staff member supervising
each entity affected, and the reasons for the structural change.
(b) The Mayor, the Authority, and the Council shall provide the
Congress by February 1, 2000, a summary, analysis, and recommendations
on the information provided in the monthly reports.
Sec. 129. Funds authorized or previously appropriated to the
government of the District of Columbia by this or any other Act to
procure the necessary hardware and installation of new software,
conversion, testing, and training to improve or replace its financial
management system are also available for the acquisition of accounting
and financial management services and the leasing of necessary hardware,
software or any other related goods or services, as determined by the
District of Columbia Financial Responsibility and Management Assistance
Authority.
Sec. 130. None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who
prevails in an action, including an administrative proceeding, brought
against the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
[[Page 112 STAT. 2681-139]]
(1) the hourly rate of compensation of the attorney exceeds
the hourly rate of compensation under section 11-2604(a),
District of Columbia Code; or
(2) the maximum amount of compensation of the attorney
exceeds the maximum amount of compensation under section 11-
2604(b)(1), District of Columbia Code, except that compensation
and reimbursement in excess of such maximum may be approved for
extended or complex representation in accordance with section
11-2604(c), District of Columbia Code.
Sec. 131. <> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 132. U.S. Army Corps of Engineers Services to District of
Columbia Public Schools. In using funds made available under this Act or
any other Act for the repair and improvement of the District of
Columbia's public school facilities, any entity of the District of
Columbia government, including the District of Columbia Financial
Responsibility and Management Assistance Authority, or its designee, may
place orders for engineering and construction and related services with
the Chief of Engineers of the U.S. Army Corps of Engineers. The Chief of
Engineers may accept such orders on a reimbursable basis and may provide
any part of such services by contract. In providing such services, the
Chief of Engineers shall follow the Federal Acquisition Regulations and
the implementing Department of Defense regulations. This section shall
apply to fiscal year 1999 and each fiscal year thereafter.
Sec. 133. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried, cohabiting
couples (whether homosexual, heterosexual, or lesbian), including but
not limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples.
Sec. 134. The Emergency Transitional Education Board of Trustees
shall submit to the Congress, the Mayor, the District of Columbia
Financial Responsibility and Management Assistance Authority, and the
Council of the District of Columbia no later than 15 calendar days after
the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget, broken out on the basis of control
center, responsibility center, agency reporting code, and object
class, and for all funds, including capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center, responsibility center, and agency reporting
code; and contract identifying codes used by the District
[[Page 112 STAT. 2681-140]]
of Columbia Public Schools; payments made in the last month and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that are required
to be, and have been, submitted to the Board of Education; and
(5) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names of
the organizational entities that have been changed, the name of
the staff member supervising each entity affected, and the
reasons for the structural change.
Sec. 135. (a) In General.--The Emergency Transitional Education
Board of Trustees of the District of Columbia and the University of the
District of Columbia shall annually compile an accurate and verifiable
report on the positions and employees in the public school system and
the university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia public schools and the University of the
District of Columbia for fiscal year 1998, fiscal year 1999, and
thereafter on full-time equivalent basis, including a
compilation of all positions by control center, responsibility
center, funding source, position type, position title, pay plan,
grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia public schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade and
classification, annual salary, and position control number.
(b) Submission.--The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor, the District
of Columbia Council, the Consensus Commission, and the Authority, not
later than February 15 of each year.
Sec. 136. (a) No later than October 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, and each succeeding year, the Superintendent of the District of
Columbia Public Schools and the University of the District of Columbia
shall submit to the appropriate congressional committees, the Mayor, the
District of Columbia Council, the Consensus Commission, and the District
of Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia for such
fiscal year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Superintendent
of the District of Columbia Public Schools and the University of the
District of Columbia submit to the Mayor of the District
[[Page 112 STAT. 2681-141]]
of Columbia for inclusion in the Mayor's budget submission to the
Council of the District of Columbia pursuant to section 442 of the
District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C.
Code, sec. 47-301).
Sec. 137. The Emergency Transitional Education Board of Trustees,
the Board of Trustees of the University of the District of Columbia, the
Board of Library Trustees, and the Board of Governors of the University
of the District of Columbia School of Law shall vote on and approve
their respective annual or revised budgets before submission to the
Mayor of the District of Columbia for inclusion in the Mayor's budget
submission to the Council of the District of Columbia in accordance with
section 442 of the District of Columbia Home Rule Act, Public Law 93-
198, as amended (D.C. Code, sec. 47-301), or before submitting their
respective budgets directly to the Council.
Sec. 138. (a) Ceiling on Total Operating Expenses.--
(1) In general.--Notwithstanding any other provision of law,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 1999 under the
caption ``Division of Expenses'' shall not exceed the lesser
of--
(A) the sum of the total revenues of the District of
Columbia for such fiscal year; or
(B) $5,211,920,000 (of which $132,912,000 shall be
from intra-District funds and $2,865,763,000 shall be
from local funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions, which
are expended for emergency or unanticipated
operating or capital needs approved by the
District of Columbia Financial Responsibility and
Management Assistance Authority; or
(ii) after notification to the Council,
additional expenditures which the Chief Financial
Officer of the District of Columbia certifies will
produce additional revenues during such fiscal
year at least equal to 200 percent of such
additional expenditures, and that are approved by
the Authority.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the Authority shall take such steps as
are necessary to assure that the District of Columbia meets the
requirements of this section, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 1999, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor,
in consultation with the Chief Financial Officer, during a
control year, as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (Public Law 104-8; 109 Stat.
152), may accept, obligate, and expend Federal, private, and
other grants received by the District government that are not
reflected in the amounts appropriated in this Act.
[[Page 112 STAT. 2681-142]]
(2) Requirement of chief financial officer report and
authority approval.--No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Authority a report setting forth
detailed information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures
consistent with the provisions of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a monthly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of Representatives
and the Senate, not later than 15 days after the end of the
month covered by the report.
(c) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar days after
the end of each fiscal quarter starting October 1, 1998, the Authority
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Government Reform
and Oversight of the House, and the Committee on Governmental Affairs of
the Senate providing an itemized accounting of all non-appropriated
funds obligated or expended by the Authority for the quarter. The report
shall include information on the date, amount, purpose, and vendor name,
and a description of the services or goods provided with respect to the
expenditures of such funds.
(d) Application of Excess Revenues.--Local revenues collected in
excess of amounts required to support appropriations in this Act for
operating expenses for the District of Columbia for fiscal year 1999
under the caption ``Division of Expenses'' shall be applied first to the
elimination of the general fund accumulated deficit; second to a reserve
account not to exceed $250,000,000 to be used to finance seasonal cash
needs (in lieu of short term borrowings); third to accelerate repayment
of cash borrowed from the Water and Sewer Fund; and fourth to reduce the
outstanding long-term debt.
Sec. 139. University of the District of Columbia Investment
Authority. Section 108(b) of the District of Columbia Public Education
Act (D.C. Code, sec. 31-1408) is amended by striking the period at the
end of the sentence and adding the phrase ``, except that the funds
appropriated in this section also may be invested in equity-based
securities if approved by the Chief Financial Officer of the District of
Columbia.''.
[[Page 112 STAT. 2681-143]]
Sec. 140. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 1999 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the Mayor
to the Council, for its action pursuant to sections 446 and 603(c) of
the District of Columbia Home Rule Act, without revision but subject to
the Mayor's recommendations. Notwithstanding any provision of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code sec. 1-101 et seq.) the Council may
comment or make recommendations concerning such annual estimates but
shall have no authority under such Act to revise such estimates.
Sec. 141. The District of Columbia Financial Responsibility and
Management Assistance Authority and the Superintendent of the District
of Columbia Public Schools are hereby directed to report to the
Appropriations Committees of the Senate and the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives not later than April 1, 1999, on all measures necessary
and steps to be taken to ensure that the District's Public Schools open
on time to begin the 1999-2000 academic year.
Sec. 142. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools shall
be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
Sec. 143. (a) Restrictions on Use of Official Vehicles.--(1) Except
as otherwise provided in this section, none of the funds made available
by this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this paragraph,
the term ``official duties'' does not include travel between the
officer's or employee's residence and workplace (except in the case of
an officer or employee of the Metropolitan Police Department who resides
in the District of Columbia or is otherwise designated by the Chief of
the Department).
(2) Paragraph (1) shall not apply with respect to any vehicle
provided to the officer of the Metropolitan Police Department who was
wounded in the line of duty and who is referred to in the letter of July
15, 1998, from the Chief of the Department to the Chair of the
Subcommittee on the District of Columbia of the Committee on
Appropriations of the House of Representatives. Notwithstanding any
other provision of law, the Chief may donate the vehicle to such officer
as a gift on behalf of the District of
[[Page 112 STAT. 2681-144]]
Columbia, and the donation shall not be subject to any Federal, State,
or local income or gift tax.
(3) The Chief Financial Officer of the District of Columbia shall
submit, by November 15, 1998, an inventory, as of September 30, 1998, of
all vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer or
employee and if so, the officer or employee's title and resident
location.
Sec. 144. (a) Source of Payment for Employees Detailed Within
Government.--For purposes of determining the amount of funds expended by
any entity within the District of Columbia government during fiscal year
1999 and each succeeding fiscal year, any expenditures of the District
government attributable to any officer or employee of the District
government who provides services which are within the authority and
jurisdiction of the entity (including any portion of the compensation
paid to the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures made from the
entity's budget, without regard to whether the officer or employee is
assigned to the entity or otherwise treated as an officer or employee of
the entity.
(b) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), as amended, is further amended in section
2408(a) by deleting ``1998'' and inserting, ``1999''; in subsection (b),
by deleting ``1998'' and inserting, ``1999''; in subsection (i), by
deleting ``1998'' and inserting, ``1999''; and in subsection (k), by
deleting ``1998'' and inserting, ``1999''.
Sec. 145. Assessment and Placement of Special Education Students.
Notwithstanding any other provision of law, not later than 120 days
after the date that a District of Columbia Public Schools [DCPS] student
is referred for evaluation or assessment--
(1) the District of Columbia Board of Education (referred to
in this section as the ``Board''), or its successor and DCPS
shall assess or evaluate a student who may have a disability and
who may require special education services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education services.
Sec. 146. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense
[[Page 112 STAT. 2681-145]]
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. <> 147. Notwithstanding any
provision of any Federally-granted charter or any other provision of
law, beginning with fiscal year 1999 and for each fiscal year hereafter,
the real property of the National Education Association located in the
District of Columbia shall be subject to taxation by the District of
Columbia in the same manner as any similar organization.
Sec. 148. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management Assistance Authority) for fiscal year 1999 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget document
for such year and the appropriations enacted into law for such
year.
Sec. 149. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by the
District of Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this section referred to as ``Authority'').
Appropriations made by this Act for such programs or functions are
conditioned only on the approval by the Authority of the required
reorganization plans.
Sec. 150. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating
District of Columbia Public Schools employees shall be a non-negotiable
item for collective bargaining purposes.
Sec. 151. None of the funds contained in this Act may be used by the
District of Columbia Corporation Counsel or any other officer or entity
of the District government to provide assistance for any petition drive
or civil action which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
[[Page 112 STAT. 2681-146]]
Sec. 152. The District of Columbia Financial Responsibility and
Management Assistance Authority (hereafter in this section referred to
as ``Authority'') shall report to the Appropriations Committees of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives, by February 15, 1999, on the
status of all partnerships or agreements entered into from January 1,
1994 through September 30, 1998, between the District of Columbia
government and any nonprofit organization that provides medical care,
substance abuse treatment, low income housing, food and shelter
services, abstinance programs, or educational services to children,
adults and families residing in the District. For those partnerships or
agreements that have been terminated, the Authority shall report to
Congress on the plans by the District government for reinitiating the
partnerships or agreements with the respective nonprofit organization.
Sec. 153. The Residency Requirement Reinstatement Amendment Act of
1998 (D.C. Act 12-340) is hereby repealed.
Sec. 154. None of the funds contained in this Act may be used after
April 1, 1999, to transfer or confine inmates classified above the
medium security level, as defined by the Federal Bureau of Prisons
classification instrument, to the Northeast Ohio Correctional Center
located in Youngstown, Ohio.
Sec. 155. Reserve.--The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
sec. 202 is amended to include the following:
``(i) Reserve.--Beginning with fiscal year 2000, the plan or budget
submitted pursuant to this Act shall contain $150,000,000 for a reserve
to be established by the Chief Financial Officer for the District of
Columbia and the District of Columbia Financial Responsibility and
Management Assistance Authority: Provided, That the reserve shall only
be expended according to criteria established by the Chief Financial
Officer and approved by the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 156. Library Fundraising Authority.--D.C. Code Section 37-105
is amended by striking the word ``and'' after section (11) and striking
the period after section (12) and adding the following phrase:
``, (13) Notwithstanding any other provision of law, the Board of
Trustees of the District of Columbia Public Library is authorized to
hire a fundraiser and to raise funds from private sources and expend
those funds for the benefit of the District of Columbia Public Library,
with the prior review and approval of the Chief Financial Officer for
the District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 157. District of Columbia Adoption Improvement Act of 1998. (a)
Short Title.--This section may be cited as the ``District of Columbia
Adoption Improvement Act of 1998''.
(b) Database.--The District of Columbia Child and Family Services
Agency (referred to as ``CFSA'') shall maintain an accurate database
listing and tracking any child found by the Family Division of the
District of Columbia Superior Court to be abused or neglected and who is
in the custody of the District of Columbia, including any child with the
goal of adoption or legally free for adoption.
[[Page 112 STAT. 2681-147]]
(c) Contracting With Private Service Providers.--
(1) Private contracts.--Not later than September 30, 1999,
CFSA shall enter into contracts with private service providers
to perform some of the adoption recruitment and placement
functions of CFSA, which may include recruitment, homestudy, and
placement services.
(2) Competitive bidding.--Any contract entered into pursuant
to paragraph (1) shall be subject to a competitive bidding
process when required by CFSA contracting policies and
procedures.
(3) Performance-based compensation.--
(A) In general.--Any contract entered into pursuant
to paragraph (1) shall compensate the winning bidder
pursuant to paragraph (2) upon completion of contract
deliverables.
(B) Contract deliverables.--In identifying contract
deliverables, CFSA shall consider--
(i) in the case of recruitment, receipt of a
list of potential adoptive families;
(ii) in the case of homestudies, receipt of a
completed homestudy in a form specified in advance
by CFSA; or
(iii) in the case of placements, the child is
placed in an adoptive home approved by CFSA or the
adoption is finalized.
(4) Types of contracts.--Nothing in this section shall be
construed to prevent CFSA from entering into contracts that
provide for multiple deliverables or conditions for partial
payment.
(5) Removal of barriers to adoption.--CFSA shall meet with
contractors to address issues identified during the term of a
contract entered into pursuant to this section, including issues
related to barriers to timely adoptions.
Sec. 158. Clarification of Responsibility for Adult Offender
Supervision in the District of Columbia. (a) Section 11233(b)(2) of the
National Capital Revitalization and Self-Government Improvement Act of
1997 (Public Law 105-33) is amended by--
(1) striking ``; and'' in subparagraph (F) and inserting
``;'';
(2) striking ``Columbia.'' in subparagraph (G) and inserting
``Columbia; and''; and
(3) inserting after subparagraph (G) the following:
``(H) carry out all functions which have heretofore
been carried out by the Social Services Division of the
Superior Court relating to supervision of adults subject
to protection orders or provision of services for or
related to such persons.''.
(b) Section 11-1722 of the District of Columbia Code is amended--
(1) in subsection (a)--
(A) by inserting ``juvenile'' after ``all'' in the
first sentence; and
(B) by amending the second sentence to read as
follows: ``The Director shall have no jurisdiction over
any adult under supervision.'';
(2) in subsection (b), inserting ``including the agency
established by section 11233(a) of the National Capital
Revitalization
[[Page 112 STAT. 2681-148]]
and Self-Government Improvement Act of 1997,'' after
``Columbia,''; and
(3) in subsection (c), by inserting ``juvenile'' after
``of''.
Sec. 159. Public Law 104-8 is amended by adding new section 109 as
follows:
``SEC. 109. CHIEF MANAGEMENT OFFICER.
``(a) The Authority may employ a Chief Management Officer of the
District of Columbia, who shall be appointed by the Chair with the
consent of the Authority. The Chief Management Officer shall assist the
Authority in the fulfillment of its responsibilities under the District
of Columbia Management Reform Act of 1997, subtitle B of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
title XI of Public Law 105-33, to improve the effectiveness and
efficiency of the District of Columbia Government. The Authority may
delegate to the Chief Management Officer responsibility for oversight
and supervision of departments and functions of the District of Columbia
Government, or successor departments and functions, consistent with the
District of Columbia Management Reform Act of 1997, subtitle B of the
National Capital Revitalization and Self-Government Improvement Act of
1997, title XI of Public Law 105-33. The Chief Management Officer shall
report directly to the Authority, through the Chair of the Authority,
and shall be directed in his or her performance by a majority of the
Authority. The Chief Management Officer shall be paid at an annual rate
determined by the Authority sufficient in the judgment of the Authority
to obtain the services of an individual with the skills and experience
required to discharge the duties of the office.
``(b) Employment Contract.--Notwithstanding any other provision of
law, the employment agreement entered into as of January 15, 1998,
between the Chief Management Officer and the District of Columbia
Financial Responsibility and Management Assistance Authority shall be
valid in all respects.''.
Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is amended to
read as follows--
``(A) Audit the financial statement and report described in
paragraph (3)(H) for a fiscal year, except that the financial statement
and report may not be audited by the same auditor (or an auditor
employed by or affiliated with the same auditor) for more than 5
consecutive fiscal years; and''.
Sec. 161. Deficit Reduction and Revitalization.--Notwithstanding any
other provision of law or this Act, funds allocated to management reform
by the District of Columbia Financial Responsibility and Management
Assistance Authority under this heading in Public Law 105-100 (111 Stat.
2159), as contained in the Authority's notification of June 24, 1998,
shall remain available for management reform until September 30, 1999:
Provided, That said funds shall not exceed $3,200,000.
Sec. 162. Prompt Payments. (a) Section 3901 of title 31, United
States Code is amended by adding at the end the following new subsection
(d):
``(d)(1) Notwithstanding subsection (a)(1) of this section, this
chapter, except section 3907 of this title, applies to the District of
Columbia Courts.
``(2) A claim for an interest penalty not paid under this chapter
may be filed in the same manner as claims are filed with respect
[[Page 112 STAT. 2681-149]]
to contracts to provide property or services for the District of
Columbia Courts.
``(3)(A) Except as provided in subparagraph (B), an interest penalty
under this chapter does not continue to accrue for more than one year or
after a claim for an interest penalty is filed in the manner described
in paragraph (2), whichever is earlier.
``(B) If a claim for an interest penalty is filed in the manner
described in paragraph (2) and interest is not available for such claims
under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts,
interest will accrue under this chapter as provided in paragraph (A) and
from the date the claim is filed until the date the claim is paid.
``(4) Paragraph (3) of this subsection does not prevent an interest
penalty from accruing on a claim if such interest is available for such
claim under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts. Such
interest may accrue on an unpaid contract payment and on the unpaid
penalty under this chapter.
``(5) Except as provided in section 3904 of this title, this chapter
does not require an interest penalty on a payment that is not made
because of a dispute between the head of an agency and a business
concern over the amount of payment or compliance with the contract. A
claim related to the dispute, and any interest payable for the period
during which the dispute is being resolved, is subject to the laws and
regulations governing claims under contracts to provide property or
services for the District of Columbia Courts.''.
Sec. 163. Section 147 of the Nation's Capital Bicentennial
Designation Act (Public Law 105-100; 111 Stat. 2180) is amended--
(1) in subsection (a)(3)(B) by striking ``President's Day''
and inserting ``Washington's Birthday'';
(2) in subsection (b)(1) by striking ``President's Day'' and
inserting ``Washington's Birthday''.
Sec. 164. Section 101(b) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
109 Stat. 97, is amended by adding at the end of paragraph (5) the
following new subparagraph:
``(D) Continuation of service until successor
appointed.--Upon the expiration of a term of office, a
member of the Authority may continue to serve until a
successor has been appointed.''
Sec. 165. Section 456(d)(2) of the District of Columbia Home Rule
Act (87 Stat. 774; Public Law 93-198, as amended) is amended by adding
at the end:
``(H) A statement of the balance of each account
held by the District of Columbia Financial
Responsibility and Management Assistance Authority as of
the end of the quarter, together with a description of
the activities within each such account during the
quarter based on information supplied by the
Authority.''.
Sec. 166. No funds made available pursuant to any provision of
this Act or any other act now or hereafter enacted shall be used to
capitalize the National Capital Revitalization Corporation or for the
purpose of implementing the National Capital Revitalization Act of 1998
(D.C. Act 12-355) until at least 30 days after the District of Columbia
Financial Responsibility and Management
[[Page 112 STAT. 2681-150]]
Assistance Authority submits to the appropriate committees of Congress
an economic development strategy.
Sec. 167. The District of Columbia government shall maintain for
fiscal year 1999 the same funding levels as provided in fiscal year 1997
for homeless services in the District of Columbia: Provided, That in
addition to such amounts, $1,000,000 shall be paid to The Doe Fund for
its Ready, Willing & Able program in Washington, D.C.
Sec. 168. (a) No later than November 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, the Chief Financial Officer shall submit to the appropriate
committees of Congress, the Mayor, and the District of Columbia
Financial Responsibility and Management Assistance Authority a revised
appropriated funds operating budget for all agencies of the District of
Columbia government for such fiscal year that is in the total amount of
the approved appropriation and that realigns budgeted data for personal
services and other-than-personal-services, respectively, with
anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the District of
Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301).
Sec. 169. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, approved December 24, 1973, as amended (87 Stat.
813; Public Law 93-198; D.C. Code, sec. 1-233(c)(1), D.C. Act 12-421),
``Oyster Elementary School Construction and Revenue Bond Act of 1998'',
shall take effect upon the date of enactment of this Act.
Sec. 170. None of the funds contained in this Act may be used for
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug, or for any payment to any
individual or entity who carries out any such program.
Sec. 171. None of the funds contained in this Act may be used to
conduct any ballot initiative which seeks to legalize or otherwise
reduce penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
This Act may be cited as the ``District of Columbia Appropriations
Act, 1999''.
(d) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1999, provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the
[[Page 112 STAT. 2681-151]]
Government Corporation Control Act, as may be necessary in carrying out
the program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $765,000,000 to remain available until September 30,
2002: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until 2013 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1999, 2000,
2001, and 2002: Provided further, That none of the funds appropriated by
this Act or any prior Act appropriating funds for foreign operations,
export financing, or related programs for tied-aid credits or grants may
be used for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated by this paragraph are made available notwithstanding
section 2(b)(2) of the Export Import Bank Act of 1945, in connection
with the purchase or lease of any product by any East European country,
any Baltic State or any agency or national thereof.
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $22,500 for official reception and
representation expenses for members of the Board of Directors,
$50,000,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys owed
the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided <> further, That, notwithstanding subsection (b) of section 117
of the Export Enhancement Act of 1992, subsection (a) thereof shall
remain in effect until October 1, 1999.
[[Page 112 STAT. 2681-152]]
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $32,500,000 of which not more than $27,500,000 may be
made available until the Corporation reports to the Committees on
Appropriations on measures taken to (1) establish sector specific
investment funds; and (2) support regional investment initiatives in
Georgia, Armenia and Azerbaijan through the Caucasus Fund: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the purposes of this
heading.
For the cost of direct and guaranteed loans, $50,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961 to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 1999 and 2000: Provided further,
That such sums shall remain available through fiscal year 2007 for the
disbursement of direct and guaranteed loans obligated in fiscal year
1999, and through fiscal year 2008 for the disbursement of direct and
guaranteed loans obligated in fiscal year 2000: Provided further, That
in addition, such sums as may be necessary for administrative expenses
to carry out the credit program may be derived from amounts available
for administrative expenses to carry out the credit and insurance
programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.
Funds Appropriated to the President
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $44,000,000, to remain available
until September 30, 2000: Provided, That the Trade and Development
Agency may receive reimbursements from corporations and other entities
for the costs of grants for feasibility studies and other project
planning services, to be deposited as an offsetting collection to this
account and to be available for obligation until September 30, 2000, for
necessary expenses under this paragraph: Provided further, That such
reimbursements shall not cover, or
[[Page 112 STAT. 2681-153]]
be allocated against, direct or indirect administrative costs of the
agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 1999, unless otherwise
specified herein, as follows:
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival,
basic education, assistance to combat tropical and other diseases, and
related activities, in addition to funds otherwise available for such
purposes, $650,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health and
nutrition programs, and related education programs, which address the
needs of mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs for the
prevention, treatment, and control of, and research on, tuberculosis,
HIV/AIDS, polio, malaria and other diseases; and (7) up to $98,000,000
for basic education programs for children: Provided further, That none
of the funds appropriated under this heading may be made available for
nonproject assistance for health and child survival programs, except
that funds may be made available for such assistance for ongoing health
programs.
For necessary expenses to carry out the provisions of sections 103
through 106, and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the
Foreign Assistance Act of 1969, $1,225,000,000, to remain available
until September 30, 2000: Provided, That of the amount appropriated
under this heading, up to $20,000,000 may be made available for the
Inter-American Foundation and shall be apportioned directly to that
Agency: Provided further, That of the amount appropriated under this
heading, up to $11,000,000 may be made available for the African
Development Foundation and shall be apportioned directly to that agency:
Provided further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made available
to any organization or program which, as determined by the President of
the United States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization: Provided
further, That none of the funds made available under this heading may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person
[[Page 112 STAT. 2681-154]]
to practice abortions; and that in order to reduce reliance on abortion
in developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning methods
and services, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes), (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to (A) an individual in exchange
for becoming a family planning acceptor, or (B) program personnel for
achieving a numerical target or quota of total number of births, number
of family planning acceptors, or acceptors of a particular method of
family planning, (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services, (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the
use of the method, (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only
in the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after the
date on which the Administrator of the United States Agency for
International Development determines that there has been a violation of
the requirements contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator shall
submit to the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate, a
report containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in awarding grants
for natural family planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating funds
for foreign operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of the Foreign Assistance Act of 1961, of the funds appropriated
under this heading in this Act, and of the unobligated balances of funds
previously appropriated under this heading,
[[Page 112 STAT. 2681-155]]
$2,500,000 may be transferred to ``International Organizations and
Programs'' for a contribution to the International Fund for Agricultural
Development (IFAD): Provided further, That none of the funds
appropriated under this heading may be made available for any activity
which is in contravention to the Convention on International Trade in
Endangered Species of Flora and Fauna (CITES): Provided further, That
none of the funds appropriated under this heading may be made available
for assistance for the central Government of the Republic of South
Africa, until the Secretary of State reports in writing to the
appropriate committees of the Congress on the steps being taken by the
United States Government to work with the Government of the Republic of
South Africa to negotiate the repeal, suspension, or termination of
section 15(c) of South Africa's Medicines and Related Substances Control
Amendment Act No. 90 of 1997: Provided further, That of the funds
appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to
exceed $25,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such programs:
Provided further, That of the funds appropriated under this heading, not
less than $1,500,000 should be made available for agriculture programs
in Laos: Provided further, That of the funds appropriated under this
heading not less than $500,000 should be made available for support of
the United States Telecommunications Training Institute: Provided
further, That, of the funds made available by this Act for the
``Microenterprise Initiative'' (including any local currencies made
available for the purposes of the Initiative), not less than 50 percent
of the funds used for microcredit should be made available for support
of programs providing loans of less than $300 to very poor people,
particularly women, or for institutional support of organizations
primarily engaged in making such loans.
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $6,500,000 shall be
made available to support democracy activities in Burma, democracy and
humanitarian activities along the Burma-Thailand border, and for Burmese
student groups and other organizations located outside Burma: Provided,
That funds made available for Burma-related activities under this
heading may be made available notwithstanding any other provision of
law: Provided further, That the provision of such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
[[Page 112 STAT. 2681-156]]
None of the funds appropriated by this Act may be made available for
activities or programs for Cambodia until the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Cambodia has: (1) thoroughly and credibly resolved all
election-related disputes and complaints filed by all political parties
to the National Election Commission and the Constitutional Council; (2)
discontinued all political violence and intimidation of journalists and
members of opposition parties; and (3) been formed through credible,
democratic elections: Provided, That the restrictions under this heading
shall not apply to demining or activities administered by
nongovernmental organizations: Provided further, That such funds shall
be subject to the regular notification procedures of the Committees on
Appropriations.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $75,000,000 shall
be made available for assistance for Indonesia: Provided, That of this
amount, not less than $15,000,000 should be made available for
activities administered by the Office of Transition Initiatives:
Provided further, That of the amount made available under this heading
up to $25,000,000 may be derived from funds that are available for
obligation pursuant to section 511 of this Act or any comparable
provision of law.
None of <> the funds appropriated or
otherwise made available by this Act for development assistance may be
made available to any United States private and voluntary organization,
except any cooperative development organization, which obtains less than
20 percent of its total annual funding for international activities from
sources other than the United States Government: Provided, That the
Administrator of the Agency for International Development may, on a
case-by-case basis, waive the restriction contained in this paragraph,
after taking into account the effectiveness of the overseas development
activities of the organization, its level of volunteer support, its
financial viability and stability, and the degree of its dependence for
its financial support on the agency: Provided further, That section
123(g) of the Foreign <> Assistance Act of
1961 and the paragraph entitled ``Private and Voluntary Organizations''
in title II of the Foreign Assistance and Related Programs
Appropriations Act, 1985 (as enacted in Public Law 98-473) are hereby
repealed.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations
at a level which is at least equivalent to the level provided in fiscal
year 1995. Such private and voluntary organizations shall include those
which operate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public and are
deemed to be among the most cost-effective and successful providers of
development assistance.
[[Page 112 STAT. 2681-157]]
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $200,000,000, to remain
available until expended.
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such costs shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That guarantees
of loans made under this heading in support of microenterprise
activities may guarantee up to 70 percent of the principal amount of any
such loans notwithstanding section 108 of the Foreign Assistance Act of
1961. In addition, for administrative expenses to carry out programs
under this heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the Agency for
International Development: Provided further, That funds made available
under this heading shall remain available until September 30, 2000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, including the cost of guaranteed
loans designed to promote the urban and environmental policies and
objectives of part I of such Act, $1,500,000, to remain available until
expended: Provided, That these funds are available to subsidize loan
principal, 100 per centum of which shall be guaranteed, pursuant to the
authority of such sections. In addition, for administrative expenses to
carry out guaranteed loan programs, $5,000,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered into
notwithstanding the second and third sentences of section
222(a) <> of the Foreign
Assistance Act of 1961, and the third and fourth sentences of section
223(j) of such Act are repealed.
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,552,000.
For necessary expenses to carry out the provisions of section 667,
$479,950,000: Provided, That none of the funds appropriated by this Act
for programs administered by the Agency for International Development
may be used to finance printing costs of any report or study (except
feasibility, design, or evaluation reports
[[Page 112 STAT. 2681-158]]
or studies) in excess of $25,000 without the approval of the
Administrator of the Agency or the Administrator's designee.
For necessary expenses to carry out the provisions of section 667,
$30,750,000, to remain available until September 30, 2000, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
Other Bilateral Economic Assistance
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,367,000,000, to remain available until September 30, 2000:
Provided, That of the funds appropriated under this heading, not less
than $1,080,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1998,
whichever is later: Provided further, That not less than $775,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be provided
with the understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken in previous
fiscal years: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel, the President shall ensure
that the level of such assistance does not cause an adverse impact on
the total level of nonmilitary exports from the United States to such
country: Provided further, That of the funds appropriated under this
heading, not less than $150,000,000 should be made available for
assistance for Jordan: Provided further, That notwithstanding any other
provision of law, not to exceed $10,000,000 may be used to support
victims of the Holocaust.
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2000.
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $430,000,000, to remain available until
September 30, 2000, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related programs for
Eastern Europe and the Baltic States.
[[Page 112 STAT. 2681-159]]
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(c) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of
existing housing in Bosnia and Herzegovina unless directly related to
the efforts of United States troops to promote peace in said country.
(d) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned or repaid
under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and loans
prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned
or repaid to any lending facility or grantee; and
(2) the provisions of section 533 of this Act shall apply.
(e) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in
Bosnia and Herzegovina, if he determines and certifies to the Committees
on Appropriations that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on training,
investigations, and related activities between Iranian officials and
Bosnian officials has not been terminated.
(f) Not to exceed $200,000,000 of the funds appropriated under this
heading may be made available for Bosnia and Herzegovina.
(g) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for
such program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(a) For necessary expenses to carry out the provisions of chapter 11
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the New Independent States of the former Soviet
Union and for related programs, $801,000,000, to remain available until
September 30, 2000: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph: Provided further, That
such sums as may be necessary may be transferred to the Export-Import
Bank of the United States for the cost of any financing under the
Export-Import Bank Act of 1945 for activities for the New Independent
States.
[[Page 112 STAT. 2681-160]]
(b) Funds appropriated under title II of this Act, including funds
appropriated under this heading, should be made available for assistance
for Mongolia at a level which is at least equivalent to the level
provided in fiscal year 1998: Provided, That funds made available for
assistance for Mongolia may be made available in accordance with the
purposes and utilizing the authorities provided in chapter 11 of part I
of the Foreign Assistance Act of 1961.
(c)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of Russia, 50 percent shall
be withheld from obligation until the President determines and certifies
in writing to the Committees on Appropriations that the Government of
Russia has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary
to develop a nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability.
(2) Notwithstanding paragraph (1) assistance may be provided for the
Government of Russia if the President determines and certifies to the
Committees on Appropriations that making such funds available: (A) is
vital to the national security interest of the United States; and (B)
that the Government of Russia is taking meaningful steps to limit major
supply contracts and to curtail the transfer of technology and
technological expertise related to activities referred to in paragraph
(1).
(d) Not