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106TH CONGRESS

2D SESSION H. R. 5548

Making appropriations for the Departments of Commerce, Justice, and State,

the Judiciary, and related agencies for the fiscal year ending September

30, 2001, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 25, 2000

Mr. ROGERS introduced the following bill; which was referred to the

Committee on Appropriations

A BILL

Making appropriations for the Departments of Commerce,

Justice, and State, the Judiciary, and related agencies

for the fiscal year ending September 30, 2001, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2001, and for other pur6 poses, namely:
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1 TITLE I—DEPARTMENT OF JUSTICE

2 GENERAL ADMINISTRATION

3 SALARIES AND EXPENSES

4 For expenses necessary for the administration of the

5 Department of Justice, $88,713,000, of which not to ex6 ceed $3,317,000 is for the Facilities Program 2000, to

7 remain available until expended: Provided, That not to ex8 ceed 43 permanent positions and 44 full-time equivalent

9 workyears and $8,136,000 shall be expended for the De10 partment Leadership Program exclusive of augmentation

11 that occurred in these offices in fiscal year 2000: Provided

12 further, That not to exceed 41 permanent positions and

13 48 full-time equivalent workyears and $4,811,000 shall be

14 expended for the Offices of Legislative Affairs and Public

15 Affairs: Provided further, That the latter two aforemen16 tioned offices may utilize non-reimbursable details of ca17 reer employees within the caps described in the aforemen18 tioned proviso: Provided further, That the Attorney Gen19 eral is authorized to transfer, under such terms and condi20 tions as the Attorney General shall specify, forfeited real

21 or personal property of limited or marginal value, as such

22 value is determined by guidelines established by the Attor23 ney General, to a State or local government agency, or

24 its designated contractor or transferee, for use to support

25 drug abuse treatment, drug and crime prevention and edu-
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1 cation, housing, job skills, and other community-based

2 public health and safety programs: Provided further, That

3 any transfer under the preceding proviso shall not create

4 or confer any private right of action in any person against

5 the United States, and shall be treated as a reprogram6 ming under section 605 of this Act.

7 JOINT AUTOMATED BOOKING SYSTEM

8 For expenses necessary for the nationwide deploy9 ment of a Joint Automated Booking System including

10 automated capability to transmit fingerprint and image

11 data, $15,915,000, to remain available until expended.

12 NARROWBAND COMMUNICATIONS

13 For the costs of conversion to narrowband commu14 nications, including the cost for operation and mainte15 nance of Land Mobile Radio legacy systems,

16 $205,000,000, to remain available until expended.

17 COUNTERTERRORISM FUND

18 For necessary expenses, as determined by the Attor19 ney General, $5,000,000, to remain available until ex20 pended, to reimburse any Department of Justice organiza21 tion for: (1) the costs incurred in reestablishing the oper22 ational capability of an office or facility which has been

23 damaged or destroyed as a result of any domestic or inter24 national terrorist incident; and (2) the costs of providing

25 support to counter, investigate or prosecute domestic or

26 international terrorism, including payment of rewards in
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1 connection with these activities: Provided, That any Fed2 eral agency may be reimbursed for the costs of detaining

3 in foreign countries individuals accused of acts of ter4 rorism that violate the laws of the United States: Provided

5 further, That funds provided under this paragraph shall

6 be available only after the Attorney General notifies the

7 Committees on Appropriations of the House of Represent8 atives and the Senate in accordance with section 605 of

9 this Act.

10 TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

11 For payments authorized by section 109 of the Com12 munications Assistance for Law Enforcement Act (47

13 U.S.C. 1008), $201,420,000, to remain available until ex14 pended.

15 ADMINISTRATIVE REVIEW AND APPEALS

16 For expenses necessary for the administration of par17 don and clemency petitions and immigration related activi18 ties, $161,062,000.

19 DETENTION TRUSTEE

20 For necessary expenses to establish a Federal Deten21 tion Trustee who shall exercise all power and functions

22 authorized by law relating to the detention of Federal pris23 oners in non-Federal institutions or otherwise in the cus24 tody of the United States Marshals Service; and the deten25 tion of aliens in the custody of the Immigration and Natu26 ralization Service, $1,000,000: Provided, That the Trustee
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1 shall be responsible for construction of detention facilities

2 or for housing related to such detention; the management

3 of funds appropriated to the Department for the exercise

4 of any detention functions; and the direction of the United

5 States Marshals Service and Immigration and Naturaliza6 tion Service with respect to the exercise of detention policy

7 setting and operations for the Department.

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector

10 General in carrying out the provisions of the Inspector

11 General Act of 1978, as amended, $41,575,000; including

12 not to exceed $10,000 to meet unforeseen emergencies of

13 a confidential character, to be expended under the direc14 tion of, and to be accounted for solely under the certificate

15 of, the Attorney General; and for the acquisition, lease,

16 maintenance, and operation of motor vehicles, without re17 gard to the general purchase price limitation for the cur18 rent fiscal year.

19 UNITED STATES PAROLE COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the United States Parole

22 Commission as authorized by law, $8,855,000.

23 LEGAL ACTIVITIES

24 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

25 For expenses necessary for the legal activities of the

26 Department of Justice, not otherwise provided for, includ-
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1 ing not to exceed $20,000 for expenses of collecting evi2 dence, to be expended under the direction of, and to be

3 accounted for solely under the certificate of, the Attorney

4 General; and rent of private or Government-owned space

5 in the District of Columbia, $535,771,000; of which not

6 to exceed $10,000,000 for litigation support contracts

7 shall remain available until expended: Provided, That of

8 the funds available in this appropriation, $18,877,000

9 shall remain available until expended only for office auto10 mation systems for the legal divisions covered by this ap11 propriation, and for the United States Attorneys, the Anti12 trust Division, the United States Trustee Program, the

13 Executive Office for Immigration Review, the Community

14 Relations Service, and offices funded through ‘‘Salaries

15 and Expenses’’, General Administration: Provided further,

16 That of the total amount appropriated, not to exceed

17 $1,000 shall be available to the United States National

18 Central Bureau, INTERPOL, for official reception and

19 representation expenses.

20 In addition, for reimbursement of expenses of the De21 partment of Justice associated with processing cases

22 under the National Childhood Vaccine Injury Act of 1986,

23 as amended, not to exceed $4,028,000, to be appropriated

24 from the Vaccine Injury Compensation Trust Fund.
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1 SALARIES AND EXPENSES, ANTITRUST DIVISION

2 For expenses necessary for the enforcement of anti3 trust and kindred laws, $95,838,000: Provided, That, not4 withstanding section 3302(b) of title 31, United States

5 Code, not to exceed $95,838,000 of offsetting collections

6 derived from fees collected in fiscal year 2001 for

7 premerger notification filings under the Hart-Scott-Ro8 dino Antitrust Improvements Act of 1976 (15 U.S.C. 18a)

9 shall be retained and used for necessary expenses in this

10 appropriation, and shall remain available until expended:

11 Provided further, That the sum herein appropriated from

12 the general fund shall be reduced as such offsetting collec13 tions are received during fiscal year 2001, so as to result

14 in a final fiscal year 2001 appropriation from the general

15 fund estimated at not more than $0.

16 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

17 For necessary expenses of the Offices of the United

18 States Attorneys, including inter-governmental and coop19 erative agreements, $1,250,382,000; of which not to ex20 ceed $2,500,000 shall be available until September 30,

21 2002, for: (1) training personnel in debt collection; (2) lo22 cating debtors and their property; (3) paying the net costs

23 of selling property; and (4) tracking debts owed to the

24 United States Government: Provided, That of the total

25 amount appropriated, not to exceed $8,000 shall be avail26 able for official reception and representation expenses:
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1 Provided further, That not to exceed $10,000,000 of those

2 funds available for automated litigation support contracts

3 shall remain available until expended: Provided further,

4 That not to exceed $2,500,000 for the operation of the

5 National Advocacy Center shall remain available until ex6 pended: Provided further, That the fourth proviso under

7 the heading ‘‘Salaries and Expenses, United States Attor8 neys’’ in title I of H.R. 3421 of the 106th Congress, as

9 enacted by section 1000(a)(1) of Public Law 106–113

10 shall apply to amounts made available under this heading

11 for fiscal year 2001: Provided further, That, in addition

12 to reimbursable full-time equivalent workyears available to

13 the Offices of the United States Attorneys, not to exceed

14 9,439 positions and 9,557 full-time equivalent workyears

15 shall be supported from the funds appropriated in this Act

16 for the United States Attorneys.

17 UNITED STATES TRUSTEE SYSTEM FUND

18 For necessary expenses of the United States Trustee

19 Program, as authorized by 28 U.S.C. 589a(a),

20 $125,997,000, to remain available until expended and to

21 be derived from the United States Trustee System Fund:

22 Provided, That, notwithstanding any other provision of

23 law, deposits to the Fund shall be available in such

24 amounts as may be necessary to pay refunds due deposi25 tors: Provided further, That, notwithstanding any other

26 provision of law, $125,997,000 of offsetting collections
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1 pursuant to 28 U.S.C. 589a(b) shall be retained and used

2 for necessary expenses in this appropriation and remain

3 available until expended: Provided further, That the sum

4 herein appropriated from the Fund shall be reduced as

5 such offsetting collections are received during fiscal year

6 2001, so as to result in a final fiscal year 2001 appropria7 tion from the Fund estimated at $0.

8 SALARIES AND EXPENSES, FOREIGN CLAIMS

9 SETTLEMENT COMMISSION

10 For expenses necessary to carry out the activities of

11 the Foreign Claims Settlement Commission, including

12 services as authorized by 5 U.S.C. 3109, $1,107,000.

13 SALARIES AND EXPENSES, UNITED STATES MARSHALS

14 SERVICE

15 For necessary expenses of the United States Mar16 shals Service; including the acquisition, lease, mainte17 nance, and operation of vehicles, and the purchase of pas18 senger motor vehicles for police-type use, without regard

19 to the general purchase price limitation for the current

20 fiscal year, $572,695,000; of which not to exceed $6,000

21 shall be available for official reception and representation

22 expenses; and of which not to exceed $4,000,000 for devel23 opment, implementation, maintenance and support, and

24 training for an automated prisoner information system

25 shall remain available until expended: Provided, That, in

26 addition to reimbursable full-time equivalent workyears
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1 available to the United States Marshals Service, not to ex2 ceed 3,947 positions and 3,895 full-time equivalent

3 workyears shall be supported from the funds appropriated

4 in this Act for the United States Marshals Service.

5 CONSTRUCTION

6 For planning, constructing, renovating, equipping,

7 and maintaining United States Marshals Service prisoner8 holding space in United States courthouses and Federal

9 buildings, including the renovation and expansion of pris10 oner movement areas, elevators, and sallyports,

11 $18,128,000, to remain available until expended.

12 JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM

13 FUND, UNITED STATES MARSHALS SERVICE

14 Beginning in fiscal year 2000 and thereafter, pay15 ment shall be made from the Justice Prisoner and Alien

16 Transportation System Fund for necessary expenses re17 lated to the scheduling and transportation of United

18 States prisoners and illegal and criminal aliens in the cus19 tody of the United States Marshals Service, as authorized

20 in 18 U.S.C. 4013, including, without limitation, salaries

21 and expenses, operations, and the acquisition, lease, and

22 maintenance of aircraft and support facilities: Provided,

23 That the Fund shall be reimbursed or credited with ad24 vance payments from amounts available to the Depart25 ment of Justice, other Federal agencies, and other sources

26 at rates that will recover the expenses of Fund operations,
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1 including, without limitation, accrual of annual leave and

2 depreciation of plant and equipment of the Fund: Provided

3 further, That proceeds from the disposal of Fund aircraft

4 shall be credited to the Fund: Provided further, That

5 amounts in the Fund shall be available without fiscal year

6 limitation, and may be used for operating equipment lease

7 agreements that do not exceed 10 years.

8 In addition, $13,500,000, to remain available until

9 expended, shall be available only for the purchase of two

10 Sabreliner-class aircraft.

11 FEDERAL PRISONER DETENTION

12 For expenses, related to United States prisoners in

13 the custody of the United States Marshals Service, but

14 not including expenses otherwise provided for in appro15 priations available to the Attorney General, $597,402,000,

16 to remain available until expended: Provided, That here17 after amounts appropriated for Federal Prisoner Deten18 tion shall be available to reimburse the Federal Bureau

19 of Prisons for salaries and expenses of transporting,

20 guarding and providing medical care outside of Federal

21 penal and correctional institutions to prisoners awaiting

22 trial or sentencing.

23 FEES AND EXPENSES OF WITNESSES

24 For expenses, mileage, compensation, and per diems

25 of witnesses, for expenses of contracts for the procurement

26 and supervision of expert witnesses, for private counsel ex-
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1 penses, and for per diems in lieu of subsistence, as author2 ized by law, including advances, $125,573,000, to remain

3 available until expended; of which not to exceed

4 $6,000,000 may be made available for planning, construc5 tion, renovations, maintenance, remodeling, and repair of

6 buildings, and the purchase of equipment incident thereto,

7 for protected witness safesites; of which not to exceed

8 $1,000,000 may be made available for the purchase and

9 maintenance of armored vehicles for transportation of pro10 tected witnesses; and of which not to exceed $5,000,000

11 may be made available for the purchase, installation, and

12 maintenance of secure telecommunications equipment and

13 a secure automated information network to store and re14 trieve the identities and locations of protected witnesses.

15 SALARIES AND EXPENSES, COMMUNITY RELATIONS

16 SERVICE

17 For necessary expenses of the Community Relations

18 Service, $8,475,000 and, in addition, up to $1,000,000 of

19 funds made available to the Department of Justice in this

20 Act may be transferred by the Attorney General to this

21 account: Provided, That notwithstanding any other provi22 sion of law, upon a determination by the Attorney General

23 that emergent circumstances require additional funding

24 for conflict prevention and resolution activities of the

25 Community Relations Service, the Attorney General may

26 transfer such amounts to the Community Relations Serv-
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1 ice, from available appropriations for the current fiscal

2 year for the Department of Justice, as may be necessary

3 to respond to such circumstances: Provided further, That

4 any transfer pursuant to the previous proviso shall be

5 treated as a reprogramming under section 605 of this Act

6 and shall not be available for obligation or expenditure ex7 cept in compliance with the procedures set forth in that

8 section.

9 ASSETS FORFEITURE FUND

10 For expenses authorized by 28 U.S.C.

11 524(c)(1)(A)(ii), (B), (F), and (G), as amended,

12 $23,000,000, to be derived from the Department of Jus13 tice Assets Forfeiture Fund.

14 RADIATION EXPOSURE COMPENSATION

15 ADMINISTRATIVE EXPENSES

16 For necessary administrative expenses in accordance

17 with the Radiation Exposure Compensation Act,

18 $2,000,000.

19 PAYMENT TO RADIATION EXPOSURE COMPENSATION

20 TRUST FUND

21 For payments to the Radiation Exposure Compensa22 tion Trust Fund of claims covered by the Radiation Expo23 sure Compensation Act as in effect on June 1, 2000,

24 $10,800,000.
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1 INTERAGENCY LAW ENFORCEMENT

2 INTERAGENCY CRIME AND DRUG ENFORCEMENT

3 For necessary expenses for the detection, investiga4 tion, and prosecution of individuals involved in organized

5 crime drug trafficking not otherwise provided for, to in6 clude inter-governmental agreements with State and local

7 law enforcement agencies engaged in the investigation and

8 prosecution of individuals involved in organized crime drug

9 trafficking, $325,898,000, of which $50,000,000 shall re10 main available until expended: Provided, That any

11 amounts obligated from appropriations under this heading

12 may be used under authorities available to the organiza13 tions reimbursed from this appropriation: Provided fur14 ther, That any unobligated balances remaining available

15 at the end of the fiscal year shall revert to the Attorney

16 General for reallocation among participating organizations

17 in succeeding fiscal years, subject to the reprogramming

18 procedures described in section 605 of this Act.

19 FEDERAL BUREAU OF INVESTIGATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Bureau of In22 vestigation for detection, investigation, and prosecution of

23 crimes against the United States; including purchase for

24 police-type use of not to exceed 1,236 passenger motor ve25 hicles, of which 1,142 will be for replacement only, without
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1 regard to the general purchase price limitation for the cur2 rent fiscal year, and hire of passenger motor vehicles; ac3 quisition, lease, maintenance, and operation of aircraft;

4 and not to exceed $70,000 to meet unforeseen emergencies

5 of a confidential character, to be expended under the di6 rection of, and to be accounted for solely under the certifi7 cate of, the Attorney General, $3,235,600,000; of which

8 not to exceed $50,000,000 for automated data processing

9 and telecommunications and technical investigative equip10 ment and not to exceed $1,000,000 for undercover oper11 ations shall remain available until September 30, 2002;

12 of which not less than $437,650,000 shall be for

13 counterterrorism investigations, foreign counterintel14 ligence, and other activities related to our national secu15 rity; of which not to exceed $10,000,000 is authorized to

16 be made available for making advances for expenses aris17 ing out of contractual or reimbursable agreements with

18 State and local law enforcement agencies while engaged

19 in cooperative activities related to violent crime, terrorism,

20 organized crime, and drug investigations: Provided, That

21 not to exceed $45,000 shall be available for official recep22 tion and representation expenses: Provided further, That,

23 in addition to reimbursable full-time equivalent workyears

24 available to the Federal Bureau of Investigation, not to

25 exceed 25,569 positions and 25,142 full-time equivalent
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1 workyears shall be supported from the funds appropriated

2 in this Act for the Federal Bureau of Investigation: Pro3 vided further, That no funds in this Act may be used to

4 provide ballistics imaging equipment to any State or local

5 authority which has obtained similar equipment through

6 a Federal grant or subsidy unless the State or local au7 thority agrees to return that equipment or to repay that

8 grant or subsidy to the Federal Government.

9 CONSTRUCTION

10 For necessary expenses to construct or acquire build11 ings and sites by purchase, or as otherwise authorized by

12 law (including equipment for such buildings); conversion

13 and extension of federally-owned buildings; and prelimi14 nary planning and design of projects; $16,687,000, to re15 main available until expended.

16 DRUG ENFORCEMENT ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Drug Enforcement Ad19 ministration, including not to exceed $70,000 to meet un20 foreseen emergencies of a confidential character, to be ex21 pended under the direction of, and to be accounted for

22 solely under the certificate of, the Attorney General; ex23 penses for conducting drug education and training pro24 grams, including travel and related expenses for partici25 pants in such programs and the distribution of items of

26 token value that promote the goals of such programs; pur-
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1 chase of not to exceed 1,358 passenger motor vehicles, of

2 which 1,079 will be for replacement only, for police-type

3 use without regard to the general purchase price limitation

4 for the current fiscal year; and acquisition, lease, mainte5 nance, and operation of aircraft, $1,363,309,000; of which

6 not to exceed $1,800,000 for research shall remain avail7 able until expended, and of which not to exceed

8 $4,000,000 for purchase of evidence and payments for in9 formation, not to exceed $10,000,000 for contracting for

10 automated data processing and telecommunications equip11 ment, and not to exceed $2,000,000 for laboratory equip12 ment, $4,000,000 for technical equipment, and

13 $2,000,000 for aircraft replacement retrofit and parts,

14 shall remain available until September 30, 2002; of which

15 not to exceed $50,000 shall be available for official recep16 tion and representation expenses: Provided, That, in addi17 tion to reimbursable full-time equivalent workyears avail18 able to the Drug Enforcement Administration, not to ex19 ceed 7,520 positions and 7,412 full-time equivalent

20 workyears shall be supported from the funds appropriated

21 in this Act for the Drug Enforcement Administration.
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1 IMMIGRATION AND NATURALIZATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the administration and

4 enforcement of the laws relating to immigration, natu5 ralization, and alien registration, as follows:

6 ENFORCEMENT AND BORDER AFFAIRS

7 For salaries and expenses for the Border Patrol pro8 gram, the detention and deportation program, the intel9 ligence program, the investigations program, and the in10 spections program, including not to exceed $50,000 to

11 meet unforeseen emergencies of a confidential character,

12 to be expended under the direction of, and to be accounted

13 for solely under the certificate of, the Attorney General;

14 purchase for police-type use (not to exceed 3,165 pas15 senger motor vehicles, of which 2,211 are for replacement

16 only), without regard to the general purchase price limita17 tion for the current fiscal year, and hire of passenger

18 motor vehicles; acquisition, lease, maintenance and oper19 ation of aircraft; research related to immigration enforce20 ment; for protecting and maintaining the integrity of the

21 borders of the United States including, without limitation,

22 equipping, maintaining, and making improvements to the

23 infrastructure; and for the care and housing of Federal

24 detainees held in the joint Immigration and Naturalization

25 Service and United States Marshals Service’s Buffalo De26 tention Facility, $2,547,057,000; of which not to exceed
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1 $10,000,000 shall be available for costs associated with

2 the training program for basic officer training, and

3 $5,000,000 is for payments or advances arising out of con4 tractual or reimbursable agreements with State and local

5 law enforcement agencies while engaged in cooperative ac6 tivities related to immigration; of which not to exceed

7 $5,000,000 is to fund or reimburse other Federal agencies

8 for the costs associated with the care, maintenance, and

9 repatriation of smuggled illegal aliens: Provided, That

10 none of the funds available to the Immigration and Natu11 ralization Service shall be available to pay any employee

12 overtime pay in an amount in excess of $30,000 during

13 the calendar year beginning January 1, 2001: Provided

14 further, That uniforms may be purchased without regard

15 to the general purchase price limitation for the current

16 fiscal year: Provided further, That, in addition to reim17 bursable full-time equivalent workyears available to the

18 Immigration and Naturalization Service, not to exceed

19 19,783 positions and 19,191 full-time equivalent

20 workyears shall be supported from the funds appropriated

21 under this heading in this Act for the Immigration and

22 Naturalization Service: Provided further, That none of the

23 funds provided in this or any other Act shall be used for

24 the continued operation of the San Clemente and
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1 Temecula checkpoints unless the checkpoints are open and

2 traffic is being checked on a continuous 24-hour basis.

3 CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND

4 PROGRAM DIRECTION

5 For all programs of the Immigration and Naturaliza6 tion Service not included under the heading ‘‘Enforcement

7 and Border Affairs’’, $578,819,000, of which not to ex8 ceed $400,000 for research shall remain available until ex9 pended: Provided, That not to exceed $5,000 shall be

10 available for official reception and representation ex11 penses: Provided further, That the Attorney General may

12 transfer any funds appropriated under this heading and

13 the heading ‘‘Enforcement and Border Affairs’’ between

14 said appropriations notwithstanding any percentage trans15 fer limitations imposed under this appropriation Act and

16 may direct such fees as are collected by the Immigration

17 and Naturalization Service to the activities funded under

18 this heading and the heading ‘‘Enforcement and Border

19 Affairs’’ for performance of the functions for which the

20 fees legally may be expended: Provided further, That not

21 to exceed 40 permanent positions and 40 full-time equiva22 lent workyears and $4,300,000 shall be expended for the

23 Offices of Legislative Affairs and Public Affairs: Provided

24 further, That the latter two aforementioned offices shall

25 not be augmented by personnel details, temporary trans26 fers of personnel on either a reimbursable or non-reim-
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1 bursable basis, or any other type of formal or informal

2 transfer or reimbursement of personnel or funds on either

3 a temporary or long-term basis: Provided further, That the

4 number of positions filled through non-career appointment

5 at the Immigration and Naturalization Service, for which

6 funding is provided in this Act or is otherwise made avail7 able to the Immigration and Naturalization Service, shall

8 not exceed four permanent positions and four full-time

9 equivalent workyears: Provided further, That none of the

10 funds available to the Immigration and Naturalization

11 Service shall be used to pay any employee overtime pay

12 in an amount in excess of $30,000 during the calendar

13 year beginning January 1, 2001: Provided further, That

14 funds may be used, without limitation, for equipping,

15 maintaining, and making improvements to the infrastruc16 ture and the purchase of vehicles for police-type use within

17 the limits of the Enforcement and Border Affairs appro18 priation: Provided further, That, in addition to reimburs19 able full-time equivalent workyears available to the Immi20 gration and Naturalization Service, not to exceed 3,100

21 positions and 3,150 full-time equivalent workyears shall

22 be supported from the funds appropriated under this

23 heading in this Act for the Immigration and Naturaliza24 tion Service: Provided further, That, notwithstanding any

25 other provision of law, during fiscal year 2001, the Attor-
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1 ney General is authorized and directed to impose discipli2 nary action, including termination of employment, pursu3 ant to policies and procedures applicable to employees of

4 the Federal Bureau of Investigation, for any employee of

5 the Immigration and Naturalization Service who violates

6 policies and procedures set forth by the Department of

7 Justice relative to the granting of citizenship or who will8 fully deceives the Congress or department leadership on

9 any matter.

10 CONSTRUCTION

11 For planning, construction, renovation, equipping,

12 and maintenance of buildings and facilities necessary for

13 the administration and enforcement of the laws relating

14 to immigration, naturalization, and alien registration, not

15 otherwise provided for, $133,302,000, to remain available

16 until expended: Provided, That no funds shall be available

17 for the site acquisition, design, or construction of any Bor18 der Patrol checkpoint in the Tucson sector.

19 FEDERAL PRISON SYSTEM

20 SALARIES AND EXPENSES

21 For expenses necessary for the administration, oper22 ation, and maintenance of Federal penal and correctional

23 institutions, including purchase (not to exceed 707, of

24 which 600 are for replacement only) and hire of law en25 forcement and passenger motor vehicles, and for the provi26 sion of technical assistance and advice on corrections re-
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1 lated issues to foreign governments, $3,476,889,000: Pro2 vided, That the Attorney General may transfer to the

3 Health Resources and Services Administration such

4 amounts as may be necessary for direct expenditures by

5 that Administration for medical relief for inmates of Fed6 eral penal and correctional institutions: Provided further,

7 That the Director of the Federal Prison System (FPS),

8 where necessary, may enter into contracts with a fiscal

9 agent/fiscal intermediary claims processor to determine

10 the amounts payable to persons who, on behalf of FPS,

11 furnish health services to individuals committed to the

12 custody of FPS: Provided further, That not to exceed

13 $6,000 shall be available for official reception and rep14 resentation expenses: Provided further, That not to exceed

15 $90,000,000 shall remain available for necessary oper16 ations until September 30, 2002: Provided further, That,

17 of the amounts provided for Contract Confinement, not

18 to exceed $20,000,000 shall remain available until ex19 pended to make payments in advance for grants, contracts

20 and reimbursable agreements, and other expenses author21 ized by section 501(c) of the Refugee Education Assist22 ance Act of 1980, as amended, for the care and security

23 in the United States of Cuban and Haitian entrants: Pro24 vided further, That the Director of the Federal Prison Sys25 tem may accept donated property and services relating to
24

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1 the operation of the prison card program from a not-for2 profit entity which has operated such program in the past

3 notwithstanding the fact that such not-for-profit entity

4 furnishes services under contracts to the Federal Prison

5 System relating to the operation of pre-release services,

6 halfway houses or other custodial facilities.

7 BUILDINGS AND FACILITIES

8 For planning, acquisition of sites and construction of

9 new facilities; purchase and acquisition of facilities and re10 modeling, and equipping of such facilities for penal and

11 correctional use, including all necessary expenses incident

12 thereto, by contract or force account; and constructing,

13 remodeling, and equipping necessary buildings and facili14 ties at existing penal and correctional institutions, includ15 ing all necessary expenses incident thereto, by contract or

16 force account, $835,660,000, to remain available until ex17 pended, of which not to exceed $14,000,000 shall be avail18 able to construct areas for inmate work programs: Pro19 vided, That labor of United States prisoners may be used

20 for work performed under this appropriation: Provided

21 further, That not to exceed 10 percent of the funds appro22 priated to ‘‘Buildings and Facilities’’ in this or any other

23 Act may be transferred to ‘‘Salaries and Expenses’’, Fed24 eral Prison System, upon notification by the Attorney

25 General to the Committees on Appropriations of the
25

•HR 5548 IH1S

1 House of Representatives and the Senate in compliance

2 with provisions set forth in section 605 of this Act.

3 FEDERAL PRISON INDUSTRIES, INCORPORATED

4 The Federal Prison Industries, Incorporated, is here5 by authorized to make such expenditures, within the limits

6 of funds and borrowing authority available, and in accord

7 with the law, and to make such contracts and commit8 ments, without regard to fiscal year limitations as pro9 vided by section 9104 of title 31, United States Code, as

10 may be necessary in carrying out the program set forth

11 in the budget for the current fiscal year for such corpora12 tion, including purchase of (not to exceed five for replace13 ment only) and hire of passenger motor vehicles.

14 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

15 PRISON INDUSTRIES, INCORPORATED

16 Not to exceed $3,429,000 of the funds of the corpora17 tion shall be available for its administrative expenses, and

18 for services as authorized by 5 U.S.C. 3109, to be com19 puted on an accrual basis to be determined in accordance

20 with the corporation’s current prescribed accounting sys21 tem, and such amounts shall be exclusive of depreciation,

22 payment of claims, and expenditures which the said ac23 counting system requires to be capitalized or charged to

24 cost of commodities acquired or produced, including sell25 ing and shipping expenses, and expenses in connection

26 with acquisition, construction, operation, maintenance, im-
26

•HR 5548 IH1S

1 provement, protection, or disposition of facilities and other

2 property belonging to the corporation or in which it has

3 an interest.

4 OFFICE OF JUSTICE PROGRAMS

5 JUSTICE ASSISTANCE

6 For grants, contracts, cooperative agreements, and

7 other assistance authorized by title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968, as amended

9 (‘‘the 1968 Act’’), and the Missing Children’s Assistance

10 Act, as amended, including salaries and expenses in con11 nection therewith, and with the Victims of Crime Act of

12 1984, as amended, $197,239,000, to remain available

13 until expended, as authorized by section 1001 of title I

14 of the Omnibus Crime Control and Safe Streets Act of

15 1968, as amended by Public Law 102–534 (106 Stat.

16 3524).

17 In addition, for grants, cooperative agreements, and

18 other assistance authorized by sections 821 and 822 of

19 the Antiterrorism and Effective Death Penalty Act of

20 1996 and for other counterterrorism programs,

21 $220,980,000, to remain available until expended.

22 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

23 For assistance authorized by the Violent Crime Con24 trol and Law Enforcement Act of 1994 (Public Law 103–

25 322), as amended (‘‘the 1994 Act’’); the Omnibus Crime

26 Control and Safe Streets Act of 1968, as amended (‘‘the
27

•HR 5548 IH1S

1 1968 Act’’); and the Victims of Child Abuse Act of 1990,

2 as amended (‘‘the 1990 Act’’), $2,848,929,000 (including

3 amounts for administrative costs, which shall be trans4 ferred to and merged with the ‘‘Justice Assistance’’ ac5 count), to remain available until expended as follows:

6 (1) $523,000,000 for Local Law Enforcement

7 Block Grants, pursuant to H.R. 728 as passed by

8 the House of Representatives on February 14, 1995,

9 except that for purposes of this Act, Guam shall be

10 considered a ‘‘State’’, the Commonwealth of Puerto

11 Rico shall be considered a ‘‘unit of local govern12 ment’’ as well as a ‘‘State’’, for the purposes set

13 forth in paragraphs (A), (B), (D), (F), and (I) of

14 section 101(a)(2) of H.R. 728 and for establishing

15 crime prevention programs involving cooperation be16 tween community residents and law enforcement

17 personnel in order to control, detect, or investigate

18 crime or the prosecution of criminals: Provided,

19 That no funds provided under this heading may be

20 used as matching funds for any other Federal grant

21 program, of which:

22 (a) $60,000,000 shall be for Boys and

23 Girls Clubs in public housing facilities and

24 other areas in cooperation with State and local

25 law enforcement: Provided, That funds may
28

•HR 5548 IH1S

1 also be used to defray the costs of indemnifica2 tion insurance for law enforcement officers, and

3 (b) $20,000,000 shall be available to carry

4 out section 102(2) of H.R. 728;

5 (2) $400,000,000 for the State Criminal Alien

6 Assistance Program, as authorized by section 242(j)

7 of the Immigration and Nationality Act, as amend8 ed;

9 (3) $686,500,000 for Violent Offender Incar10 ceration and Truth in Sentencing Incentive Grants

11 pursuant to subtitle A of title II of the 1994 Act,

12 of which:

13 (a) $165,000,000 shall be available for

14 payments to States for incarceration of criminal

15 aliens,

16 (b) $35,000,000 shall be available for the

17 Cooperative Agreement Program,

18 (c) $34,000,000 shall be reserved by the

19 Attorney General for fiscal year 2001 under

20 section 20109(a) of subtitle A of title II of the

21 1994 Act, and

22 (d) $2,000,000 shall be for the review of

23 State environmental impact statements;

24 (4) $8,000,000 for the Tribal Courts Initiative;
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•HR 5548 IH1S

1 (5) $569,050,000 for programs authorized by

2 part E of title I of the 1968 Act, notwithstanding

3 the provisions of section 511 of said Act, of which

4 $69,050,000 shall be for discretionary grants under

5 the Edward Byrne Memorial State and Local Law

6 Enforcement Assistance Programs;

7 (6) $11,500,000 for the Court Appointed Spe8 cial Advocate Program, as authorized by section 218

9 of the 1990 Act;

10 (7) $2,000,000 for Child Abuse Training Pro11 grams for Judicial Personnel and Practitioners, as

12 authorized by section 224 of the 1990 Act;

13 (8) $210,179,000 for Grants to Combat Vio14 lence Against Women, to States, units of local gov15 ernment, and Indian tribal governments, as author16 ized by section 1001(a)(18) of the 1968 Act, of

17 which:

18 (a) $31,625,000 shall be used exclusively

19 for the purpose of strengthening civil legal as20 sistance programs for victims of domestic vio21 lence,

22 (b) $5,200,000 shall be for the National

23 Institute of Justice for research and evaluation

24 of violence against women,
30

•HR 5548 IH1S

1 (c) $10,000,000 shall be for the Office of

2 Juvenile Justice and Delinquency Prevention

3 for the Safe Start Program, to be administered

4 as authorized by part C of the Juvenile Justice

5 and Delinquency Act of 1974, as amended, and

6 (d) $11,000,000 shall be used exclusively

7 for violence on college campuses;

8 (9) $34,000,000 for Grants to Encourage Ar9 rest Policies to States, units of local government,

10 and Indian tribal governments, as authorized by sec11 tion 1001(a)(19) of the 1968 Act;

12 (10) $25,000,000 for Rural Domestic Violence

13 and Child Abuse Enforcement Assistance Grants, as

14 authorized by section 40295 of the 1994 Act;

15 (11) $5,000,000 for training programs to assist

16 probation and parole officers who work with released

17 sex offenders, as authorized by section 40152(c) of

18 the 1994 Act, and for local demonstration projects;

19 (12) $1,000,000 for grants for televised testi20 mony, as authorized by section 1001(a)(7) of the

21 1968 Act;

22 (13) $63,000,000 for grants for residential sub23 stance abuse treatment for State prisoners, as au24 thorized by section 1001(a)(17) of the 1968 Act;
31

•HR 5548 IH1S

1 (14) $5,000,000 for demonstration grants on

2 alcohol and crime in Indian Country;

3 (15) $900,000 for the Missing Alzheimer’s Dis4 ease Patient Alert Program, as authorized by section

5 240001(c) of the 1994 Act;

6 (16) $50,000,000 for Drug Courts, as author7 ized by title V of the 1994 Act;

8 (17) $1,500,000 for Law Enforcement Family

9 Support Programs, as authorized by section

10 1001(a)(21) of the 1968 Act;

11 (18) $2,000,000 for public awareness programs

12 addressing marketing scams aimed at senior citi13 zens, as authorized by section 250005(3) of the

14 1994 Act;

15 (19) $250,000,000 for Juvenile Accountability

16 Incentive Block Grants (of which $500,000 shall be

17 used to construct a treatment and security facility

18 for mid-risk youth in Southwest Colorado) except

19 that such funds shall be subject to the same terms

20 and conditions as set forth in the provisions under

21 this heading for this program in Public Law 105–

22 119, but all references in such provisions to 1998

23 shall be deemed to refer instead to 2001, and Guam

24 shall be considered a ‘‘State’’ for the purposes of
32

•HR 5548 IH1S

1 title III of H.R. 3, as passed by the House of Rep2 resentatives on May 8, 1997; and

3 (20) $1,300,000 for Motor Vehicle Theft Pre4 vention Programs, as authorized by section

5 220002(h) of the 1994 Act:

6 Provided further, That funds made available in fiscal year

7 2001 under subpart 1 of part E of title I of the 1968

8 Act may be obligated for programs to assist States in the

9 litigation processing of death penalty Federal habeas cor10 pus petitions and for drug testing initiatives: Provided fur11 ther, That, if a unit of local government uses any of the

12 funds made available under this title to increase the num13 ber of law enforcement officers, the unit of local govern14 ment will achieve a net gain in the number of law enforce15 ment officers who perform nonadministrative public safety

16 service: Provided further, That balances for these pro17 grams may be transferred from the Violent Crime Reduc18 tion Programs, State and Local Law Enforcement Assist19 ance account to this account.

20 WEED AND SEED PROGRAM FUND

21 For necessary expenses, including salaries and re22 lated expenses of the Executive Office for Weed and Seed,

23 to implement ‘‘Weed and Seed’’ program activities,

24 $34,000,000, to remain available until expended, for inter25 governmental agreements, including grants, cooperative

26 agreements, and contracts, with State and local law en-
33

•HR 5548 IH1S

1 forcement agencies, non-profit organizations, and agencies

2 of local government, engaged in the investigation and

3 prosecution of violent crimes and drug offenses in ‘‘Weed

4 and Seed’’ designated communities, and for either reim5 bursements or transfers to appropriation accounts of the

6 Department of Justice and other Federal agencies which

7 shall be specified by the Attorney General to execute the

8 ‘‘Weed and Seed’’ program strategy: Provided, That funds

9 designated by Congress through language for other De10 partment of Justice appropriation accounts for ‘‘Weed and

11 Seed’’ program activities shall be managed and executed

12 by the Attorney General through the Executive Office for

13 Weed and Seed: Provided further, That the Attorney Gen14 eral may direct the use of other Department of Justice

15 funds and personnel in support of ‘‘Weed and Seed’’ pro16 gram activities only after the Attorney General notifies the

17 Committees on Appropriations of the House of Represent18 atives and the Senate in accordance with section 605 of

19 this Act.

20 COMMUNITY ORIENTED POLICING SERVICES

21 For activities authorized by the Violent Crime Con22 trol and Law Enforcement Act of 1994, Public Law 103–

23 322 (‘‘the 1994 Act’’) (including administrative costs),

24 $1,032,325,000, to remain available until expended; of

25 which $130,000,000 shall be available to the Office of Jus-
34

•HR 5548 IH1S

1 tice Programs to carry out section 102 of the Crime Iden2 tification Technology Act of 1998 (42 U.S.C. 14601), of

3 which $35,000,000 is for grants to upgrade criminal

4 records, as authorized by section 106(b) of the Brady

5 Handgun Violence Prevention Act of 1993, as amended,

6 and section 4(b) of the National Child Protection Act of

7 1993, of which $17,500,000 is for the National Institute

8 of Justice to develop school safety technologies, and of

9 which $30,000,000 shall be for State and local DNA lab10 oratories as authorized by section 1001(a)(22) of the 1968

11 Act, as well as for improvements to the State and local

12 forensic laboratory general forensic science capabilities to

13 reduce States’ DNA convicted offender sample backlog

14 and for awards to State, local, and private laboratories;

15 of which $566,825,000 is for Public Safety and Commu16 nity Policing Grants pursuant to title I of the 1994 Act,

17 of which $180,000,000 shall be available for school re18 source officers, of which $35,000,000 shall be used to im19 prove tribal law enforcement including equipment and

20 training, of which $25,500,000 shall be used for the

21 Matching Grant Program for Law Enforcement Armor

22 Vests pursuant to section 2501 of part Y of the Omnibus

23 Crime Control and Safe Streets Act of 1968 (‘‘the 1968

24 Act’’), as amended, of which $29,500,000 shall be used

25 for Police Corps education, training, and service as set
35

•HR 5548 IH1S

1 forth in sections 200101–200113 of the 1994 Act, and

2 of which $15,000,000 shall be used to combat violence in

3 schools; of which $140,000,000 shall be used for a law

4 enforcement technology program; of which $48,500,000

5 shall be used for policing initiatives to combat meth6 amphetamine production and trafficking and to enhance

7 policing initiatives in drug ‘‘hot spots’’; of which

8 $75,000,000 shall be for grants to States and units of

9 local government for a Community Prosecution Program

10 in areas of high gun-related violent crime to address gun11 related violence and violations of gun statutes in cases in12 volving drug-trafficking or gang-related crime; of which

13 $25,000,000 shall be used for the Community Prosecutors

14 program; of which $17,000,000 shall be for a police integ15 rity program; and of which $30,000,000 shall be for an

16 offender re-entry program: Provided, That of the amount

17 provided for Public Safety and Community Policing

18 Grants, not to exceed $31,825,000 shall be expended for

19 program management and administration: Provided fur20 ther, That of the unobligated balances available in this

21 program, $5,000,000 shall be available to improve tribal

22 law enforcement including equipment and training: Pro23 vided further, That no funds that become available as a

24 result of deobligations from prior year balances, excluding

25 those for program management and administration, may
36

•HR 5548 IH1S

1 be obligated except in accordance with section 605 of this

2 Act.

3 JUVENILE JUSTICE PROGRAMS

4 For grants, contracts, cooperative agreements, and

5 other assistance authorized by the Juvenile Justice and

6 Delinquency Prevention Act of 1974, as amended, (‘‘the

7 Act’’), including salaries and expenses in connection there8 with to be transferred to and merged with the appropria9 tions for Justice Assistance, $279,097,000, to remain

10 available until expended, as authorized by section 299 of

11 part I of title II and section 506 of title V of the Act,

12 as amended by Public Law 102–586, of which: (1) not13 withstanding any other provision of law, $6,847,000 shall

14 be available for expenses authorized by part A of title II

15 of the Act, $89,000,000 shall be available for expenses au16 thorized by part B of title II of the Act, and $50,250,000

17 shall be available for expenses authorized by part C of title

18 II of the Act: Provided, That $26,500,000 of the amounts

19 provided for part B of title II of the Act, as amended,

20 is for the purpose of providing additional formula grants

21 under part B to States that provide assurances to the Ad22 ministrator that the State has in effect (or will have in

23 effect no later than 1 year after date of application) poli24 cies and programs, that ensure that juveniles are subject

25 to accountability-based sanctions for every act for which

26 they are adjudicated delinquent; (2) $12,000,000 shall be
37

•HR 5548 IH1S

1 available for expenses authorized by sections 281 and 282

2 of part D of title II of the Act for prevention and treat3 ment programs relating to juvenile gangs; (3)

4 $10,000,000 shall be available for expenses authorized by

5 section 285 of part E of title II of the Act; (4)

6 $16,000,000 shall be available for expenses authorized by

7 part G of title II of the Act for juvenile mentoring pro8 grams; and (5) $95,000,000 shall be available for expenses

9 authorized by title V of the Act for incentive grants for

10 local delinquency prevention programs; of which

11 $12,500,000 shall be for delinquency prevention, control,

12 and system improvement programs for tribal youth; of

13 which $25,000,000 shall be available for grants of

14 $360,000 to each State and $6,640,000 shall be available

15 for discretionary grants to States, for programs and activi16 ties to enforce State laws prohibiting the sale of alcoholic

17 beverages to minors or the purchase or consumption of

18 alcoholic beverages by minors, prevention and reduction

19 of consumption of alcoholic beverages by minors, and for

20 technical assistance and training; and of which

21 $15,000,000 shall be available for the Safe Schools Initia22 tive: Provided further, That upon the enactment of reau23 thorization legislation for Juvenile Justice Programs

24 under the Juvenile Justice and Delinquency Prevention

25 Act of 1974, as amended, funding provisions in this Act
38

•HR 5548 IH1S

1 shall from that date be subject to the provisions of that

2 legislation and any provisions in this Act that are incon3 sistent with that legislation shall no longer have effect:

4 Provided further, That of amounts made available under

5 the Juvenile Justice Programs of the Office of Justice

6 Programs to carry out part B (relating to Federal Assist7 ance for State and Local Programs), subpart II of part

8 C (relating to Special Emphasis Prevention and Treat9 ment Programs), part D (relating to Gang-Free Schools

10 and Communities and Community-Based Gang Interven11 tion), part E (relating to State Challenge Activities), and

12 part G (relating to Mentoring) of title II of the Juvenile

13 Justice and Delinquency Prevention Act of 1974, and to

14 carry out the At-Risk Children’s Program under title V

15 of that Act, not more than 10 percent of each such amount

16 may be used for research, evaluation, and statistics activi17 ties designed to benefit the programs or activities author18 ized under the appropriate part or title, and not more than

19 2 percent of each such amount may be used for training

20 and technical assistance activities designed to benefit the

21 programs or activities authorized under that part or title.

22 In addition, for grants, contracts, cooperative agree23 ments, and other assistance, $11,000,000 to remain avail24 able until expended, for developing, testing, and dem-
39

•HR 5548 IH1S

1 onstrating programs designed to reduce drug use among

2 juveniles.

3 In addition, for grants, contracts, cooperative agree4 ments, and other assistance authorized by the Victims of

5 Child Abuse Act of 1990, as amended, $8,500,000, to re6 main available until expended, as authorized by section

7 214B of the Act.

8 PUBLIC SAFETY OFFICERS BENEFITS

9 To remain available until expended, for payments au10 thorized by part L of title I of the Omnibus Crime Control

11 and Safe Streets Act of 1968 (42 U.S.C. 3796), as amend12 ed, such sums as are necessary, as authorized by section

13 6093 of Public Law 100–690 (102 Stat. 4339–4340); and

14 $2,400,000, to remain available until expended for pay15 ments as authorized by section 1201(b) of said Act.

16 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

17 SEC. 101. In addition to amounts otherwise made

18 available in this title for official reception and representa19 tion expenses, a total of not to exceed $45,000 from funds

20 appropriated to the Department of Justice in this title

21 shall be available to the Attorney General for official re22 ception and representation expenses in accordance with

23 distributions, procedures, and regulations established by

24 the Attorney General.

25 SEC. 102. Hereafter, authorities contained in the De26 partment of Justice Appropriation Authorization Act, Fis-
40

•HR 5548 IH1S

1 cal Year 1980 (Public Law 96–132; 93 Stat. 1040

2 (1979)), as amended, shall remain in effect until the effec3 tive date of a subsequent Department of Justice Appro4 priation Authorization Act.

5 SEC. 103. None of the funds appropriated by this

6 title shall be available to pay for an abortion, except where

7 the life of the mother would be endangered if the fetus

8 were carried to term, or in the case of rape: Provided,

9 That should this prohibition be declared unconstitutional

10 by a court of competent jurisdiction, this section shall be

11 null and void.

12 SEC. 104. None of the funds appropriated under this

13 title shall be used to require any person to perform, or

14 facilitate in any way the performance of, any abortion.

15 SEC. 105. Nothing in the preceding section shall re16 move the obligation of the Director of the Bureau of Pris17 ons to provide escort services necessary for a female in18 mate to receive such service outside the Federal facility:

19 Provided, That nothing in this section in any way dimin20 ishes the effect of section 104 intended to address the phil21 osophical beliefs of individual employees of the Bureau of

22 Prisons.

23 SEC. 106. Notwithstanding any other provision of

24 law, not to exceed $10,000,000 of the funds made avail25 able in this Act may be used to establish and publicize
41

•HR 5548 IH1S

1 a program under which publicly advertised, extraordinary

2 rewards may be paid, which shall not be subject to spend3 ing limitations contained in sections 3059 and 3072 of

4 title 18, United States Code: Provided, That any reward

5 of $100,000 or more, up to a maximum of $2,000,000,

6 may not be made without the personal approval of the

7 President or the Attorney General and such approval may

8 not be delegated.

9 SEC. 107. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the De11 partment of Justice in this Act, including those derived

12 from the Violent Crime Reduction Trust Fund, may be

13 transferred between such appropriations, but no such ap14 propriation, except as otherwise specifically provided, shall

15 be increased by more than 10 percent by any such trans16 fers: Provided, That any transfer pursuant to this section

17 shall be treated as a reprogramming of funds under sec18 tion 605 of this Act and shall not be available for obliga19 tion except in compliance with the procedures set forth

20 in that section.

21 SEC. 108. Section 108(a) of the Departments of

22 Commerce, Justice, and State, the Judiciary, and Related

23 Agencies Appropriations Act, 2000 (as enacted into law

24 by section 1000(a)(1) of Public Law 106–113) shall apply

25 for fiscal year 2001 and thereafter.
42

•HR 5548 IH1S

1 SEC. 109. Section 3024 of the Emergency Supple2 mental Appropriations Act, 1999 (Public Law 106–31)

3 shall apply for fiscal year 2001.

4 4Sec. 110. Section 641(e)(4)(A) of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996

6 (division C of Public Law 104–208) is amended by insert7 ing before the period at the end of the second sentence

8 the following: ‘‘, except that, in the case of an alien admit9 ted under section 101(a)(15)(J) of the Immigration and

10 Nationality Act as an au pair, camp counselor, or partici11 pant in a summer work travel program, the fee shall not

12 exceed $35’’.

13 SEC. 111. Section 115 of the Departments of Com14 merce, Justice, and State, the Judiciary, and Related

15 Agencies Appropriations Act, 2000 (as enacted into law

16 by section 1000(a)(1) of Public Law 106–113) shall apply

17 hereafter.

18 SEC. 112. Section 286 of the Immigration and Na19 tionality Act (8 U.S.C. 1356) is amended by adding at

20 the end the following new subsections:

21 ‘‘(t) GENEALOGY FEE.—(1) There is hereby estab22 lished the Genealogy Fee for providing genealogy research

23 and information services. This fee shall be deposited as

24 offsetting collections into the Examinations Fee Account.

25 Fees for such research and information services may be
43

•HR 5548 IH1S

1 set at a level that will ensure the recovery of the full costs

2 of providing all such services.

3 ‘‘(2) The Attorney General will prepare and submit

4 annually to Congress statements of the financial condition

5 of the Genealogy Fee.

6 ‘‘(3) Any officer or employee of the Immigration and

7 Naturalization Service shall collect fees prescribed under

8 regulation before disseminating any requested genealogical

9 information.

10 ‘‘(u) PREMIUM FEE FOR EMPLOYMENT-BASED PETI11 TIONS AND APPLICATIONS.—The Attorney General is au12 thorized to establish and collect a premium fee for employ13 ment-based petitions and applications. This fee shall be

14 used to provide certain premium-processing services to

15 business customers, and to make infrastructure improve16 ments in the adjudications and customer-service processes.

17 For approval of the benefit applied for, the petitioner/ap18 plicant must meet the legal criteria for such benefit. This

19 fee shall be set at $1,000, shall be paid in addition to any

20 normal petition/application fee that may be applicable, and

21 shall be deposited as offsetting collections in the Immigra22 tion Examinations Fee Account. The Attorney General

23 may adjust this fee according to the Consumer Price

24 Index.’’.
44

•HR 5548 IH1S

1 SEC. 114. Section 1402(d)(3) of Public Law 98–473

2 is amended by inserting ‘‘and the Federal Bureau of In3 vestigation’’ after ‘‘United States Attorneys Offices’’.

4 SEC. 115. Beginning in fiscal year 2001 and there5 after, funds appropriated to the Federal Prison System

6 may be used to place in privately operated prisons only

7 such persons sentenced to incarceration under the District

8 of Columbia Code as the Director, Bureau of Prisons, may

9 determine to be appropriate for such placement consistent

10 with Federal classification standards, after consideration

11 of all relevant factors, including the threat of danger to

12 public safety.

13 SEC. 116. Notwithstanding any other provision of

14 law, $1,000,000 shall be available for technical assistance

15 from the funds appropriated for part G of title II of the

16 Juvenile Justice and Delinquency Prevention Act of 1974,

17 as amended.

18 SEC. 117. Of the discretionary funds appropriated to

19 the Edward Byrne Memorial State and Local Law En20 forcement Assistance Program in fiscal year 2000,

21 $2,000,000 shall be transferred to the Violent Offender

22 Incarceration and Truth In Sentencing Incentive Grants

23 Program to be used for the construction costs of the

24 Hoonah Spirit Camp, as authorized under section

25 20109(a) of subtitle A of title II of the 1994 Act.
45

•HR 5548 IH1S

1 SEC. 118. Notwithstanding any other provision of

2 law, for fiscal 2001 and hereafter, with respect to any

3 grant program for which amounts are made available

4 under this title, no grant funds may be made available

5 to any local jail that runs ‘‘pay-to-stay programs.’’.

6 SEC. 119. Notwithstanding any other provision of

7 law, including section 4(d) of the Service Contract Act of

8 1965 (41 U.S.C. 353(d)), the Attorney General hereafter

9 may enter into contracts and other agreements, of any

10 reasonable duration, for detention or incarceration space

11 or facilities, including related services, on any reasonable

12 basis.

13 This title may be cited as the ‘‘Department of Justice

14 Appropriations Act, 2001’’.

15 TITLE II—DEPARTMENT OF COMMERCE AND

16 RELATED AGENCIES

17 TRADE AND INFRASTRUCTURE DEVELOPMENT

18 RELATED AGENCIES

19 OFFICE OF THE UNITED STATES TRADE

20 REPRESENTATIVE

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of the United

23 States Trade Representative, including the hire of pas24 senger motor vehicles and the employment of experts and

25 consultants as authorized by 5 U.S.C. 3109, $29,517,000,
46

•HR 5548 IH1S

1 of which $1,000,000 shall remain available until expended:

2 Provided, That not to exceed $98,000 shall be available

3 for official reception and representation expenses.

4 INTERNATIONAL TRADE COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the International Trade

7 Commission, including hire of passenger motor vehicles,

8 and services as authorized by 5 U.S.C. 3109, and not to

9 exceed $2,500 for official reception and representation ex10 penses, $48,100,000, to remain available until expended.

11 DEPARTMENT OF COMMERCE

12 INTERNATIONAL TRADE ADMINISTRATION

13 OPERATIONS AND ADMINISTRATION

14 For necessary expenses for international trade activi15 ties of the Department of Commerce provided for by law,

16 and engaging in trade promotional activities abroad, in17 cluding expenses of grants and cooperative agreements for

18 the purpose of promoting exports of United States firms,

19 without regard to 44 U.S.C. 3702 and 3703; full medical

20 coverage for dependent members of immediate families of

21 employees stationed overseas and employees temporarily

22 posted overseas; travel and transportation of employees of

23 the United States and Foreign Commercial Service be24 tween two points abroad, without regard to 49 U.S.C.

25 1517; employment of Americans and aliens by contract for
47

•HR 5548 IH1S

1 services; rental of space abroad for periods not exceeding

2 10 years, and expenses of alteration, repair, or improve3 ment; purchase or construction of temporary demountable

4 exhibition structures for use abroad; payment of tort

5 claims, in the manner authorized in the first paragraph

6 of 28 U.S.C. 2672 when such claims arise in foreign coun7 tries; not to exceed $327,000 for official representation

8 expenses abroad; purchase of passenger motor vehicles for

9 official use abroad, not to exceed $30,000 per vehicle; ob10 taining insurance on official motor vehicles; and rental of

11 tie lines and teletype equipment, $337,444,000, to remain

12 available until expended, of which $3,000,000 is to be de13 rived from fees to be retained and used by the Inter14 national Trade Administration, notwithstanding 31 U.S.C.

15 3302: Provided, That $64,747,000 shall be for Trade De16 velopment, $25,555,000 shall be for Market Access and

17 Compliance, $40,645,000 shall be for the Import Adminis18 tration, $194,638,000 shall be for the United States and

19 Foreign Commercial Service, and $11,859,000 shall be for

20 Executive Direction and Administration: Provided further,

21 That the provisions of the first sentence of section 105(f)

22 and all of section 108(c) of the Mutual Educational and

23 Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and

24 2458(c)) shall apply in carrying out these activities with25 out regard to section 5412 of the Omnibus Trade and
48

•HR 5548 IH1S

1 Competitiveness Act of 1988 (15 U.S.C. 4912); and that

2 for the purpose of this Act, contributions under the provi3 sions of the Mutual Educational and Cultural Exchange

4 Act shall include payment for assessments for services pro5 vided as part of these activities.

6 EXPORT ADMINISTRATION

7 OPERATIONS AND ADMINISTRATION

8 For necessary expenses for export administration and

9 national security activities of the Department of Com10 merce, including costs associated with the performance of

11 export administration field activities both domestically and

12 abroad; full medical coverage for dependent members of

13 immediate families of employees stationed overseas; em14 ployment of Americans and aliens by contract for services

15 abroad; payment of tort claims, in the manner authorized

16 in the first paragraph of 28 U.S.C. 2672 when such claims

17 arise in foreign countries; not to exceed $15,000 for offi18 cial representation expenses abroad; awards of compensa19 tion to informers under the Export Administration Act of

20 1979, and as authorized by 22 U.S.C. 401(b); purchase

21 of passenger motor vehicles for official use and motor vehi22 cles for law enforcement use with special requirement vehi23 cles eligible for purchase without regard to any price limi24 tation otherwise established by law, $64,854,000, to re25 main available until expended, of which $7,250,000 shall
49

•HR 5548 IH1S

1 be for inspections and other activities related to national

2 security: Provided, That the provisions of the first sen3 tence of section 105(f) and all of section 108(c) of the

4 Mutual Educational and Cultural Exchange Act of 1961

5 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying

6 out these activities: Provided further, That payments and

7 contributions collected and accepted for materials or serv8 ices provided as part of such activities may be retained

9 for use in covering the cost of such activities, and for pro10 viding information to the public with respect to the export

11 administration and national security activities of the De12 partment of Commerce and other export control programs

13 of the United States and other governments.

14 ECONOMIC DEVELOPMENT ADMINISTRATION

15 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

16 For grants for economic development assistance as

17 provided by the Public Works and Economic Development

18 Act of 1965, as amended, and for trade adjustment assist19 ance, $411,879,000, to remain available until expended.

20 SALARIES AND EXPENSES

21 For necessary expenses of administering the eco22 nomic development assistance programs as provided for by

23 law, $28,000,000: Provided, That these funds may be used

24 to monitor projects approved pursuant to title I of the

25 Public Works Employment Act of 1976, as amended, title
50

•HR 5548 IH1S

1 II of the Trade Act of 1974, as amended, and the Commu2 nity Emergency Drought Relief Act of 1977.

3 MINORITY BUSINESS DEVELOPMENT AGENCY

4 MINORITY BUSINESS DEVELOPMENT

5 For necessary expenses of the Department of Com6 merce in fostering, promoting, and developing minority

7 business enterprise, including expenses of grants, con8 tracts, and other agreements with public or private organi9 zations, $27,314,000.

10 ECONOMIC AND INFORMATION INFRASTRUCTURE

11 ECONOMIC AND STATISTICAL ANALYSIS

12 SALARIES AND EXPENSES

13 For necessary expenses, as authorized by law, of eco14 nomic and statistical analysis programs of the Department

15 of Commerce, $53,745,000, to remain available until Sep16 tember 30, 2002.

17 BUREAU OF THE CENSUS

18 SALARIES AND EXPENSES

19 For expenses necessary for collecting, compiling, ana20 lyzing, preparing, and publishing statistics, provided for

21 by law, $157,227,000.

22 PERIODIC CENSUSES AND PROGRAMS

23 For necessary expenses to conduct the decennial cen24 sus, $130,898,000 to remain available until expended:

25 Provided, That, of the total amount available for the de26 cennial census ($130,898,000 in new appropriations and
51

•HR 5548 IH1S

1 $260,000,000 in unobligated balances from prior years),

2 $24,055,000 is for Program Development and Manage3 ment; $55,096,000 is for Data Content and Products;

4 $122,000,000 is for Field Data Collection and Support

5 Systems; $1,500,000 is for Address List Development;

6 $115,038,000 is for Automated Data Processing and Tele7 communications Support; $55,000,000 is for Testing and

8 Evaluation; $5,512,000 is for activities related to Puerto

9 Rico, the Virgin Islands and Pacific Areas; $9,197,000 is

10 for Marketing, Communications and Partnership activi11 ties; and $3,500,000 is for the Census Monitoring Board,

12 as authorized by section 210 of Public Law 105–119.

13 In addition, for expenses to collect and publish statis14 tics for other periodic censuses and programs provided for

15 by law, $145,508,000, to remain available until expended:

16 Provided, That regarding engineering and design of a fa17 cility at the Suitland Federal Center, quarterly reports re18 garding the expenditure of funds and project planning, de19 sign and cost decisions shall be provided by the Bureau,

20 in cooperation with the General Services Administration,

21 to the Committees on Appropriations of the Senate and

22 the House of Representatives: Provided further, That none

23 of the funds provided in this Act or any other Act under

24 the heading ‘‘Bureau of the Census, Periodic Censuses

25 and Programs’’ shall be used to fund the construction and
52

•HR 5548 IH1S

1 tenant build-out costs of a facility at the Suitland Federal

2 Center.

3 NATIONAL TELECOMMUNICATIONS AND INFORMATION

4 ADMINISTRATION

5 SALARIES AND EXPENSES

6 For necessary expenses, as provided for by law, of

7 the National Telecommunications and Information Ad8 ministration (NTIA), $11,437,000, to remain available

9 until expended: Provided, That, notwithstanding 31

10 U.S.C. 1535(d), the Secretary of Commerce shall charge

11 Federal agencies for costs incurred in spectrum manage12 ment, analysis, and operations, and related services and

13 such fees shall be retained and used as offsetting collec14 tions for costs of such spectrum services, to remain avail15 able until expended: Provided further, That hereafter, not16 withstanding any other provision of law, NTIA shall not

17 authorize spectrum use or provide any spectrum functions

18 pursuant to the National Telecommunications and Infor19 mation Administration Organization Act, 47 U.S.C. 902–

20 903, to any Federal entity without reimbursement as re21 quired by NTIA for such spectrum management costs, and

22 Federal entities withholding payment of such cost shall

23 not use spectrum: Provided further, That the Secretary of

24 Commerce is authorized to retain and use as offsetting

25 collections all funds transferred, or previously transferred,
53

•HR 5548 IH1S

1 from other Government agencies for all costs incurred in

2 telecommunications research, engineering, and related ac3 tivities by the Institute for Telecommunication Sciences

4 of NTIA, in furtherance of its assigned functions under

5 this paragraph, and such funds received from other Gov6 ernment agencies shall remain available until expended.

7 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

8 AND CONSTRUCTION

9 For grants authorized by section 392 of the Commu10 nications Act of 1934, as amended, $43,500,000, to re11 main available until expended as authorized by section 391

12 of the Act, as amended: Provided, That not to exceed

13 $1,800,000 shall be available for program administration

14 as authorized by section 391 of the Act: Provided further,

15 That notwithstanding the provisions of section 391 of the

16 Act, the prior year unobligated balances may be made

17 available for grants for projects for which applications

18 have been submitted and approved during any fiscal year.

19 INFORMATION INFRASTRUCTURE GRANTS

20 For grants authorized by section 392 of the Commu21 nications Act of 1934, as amended, $45,500,000, to re22 main available until expended as authorized by section 391

23 of the Act, as amended: Provided, That not to exceed

24 $3,000,000 shall be available for program administration

25 and other support activities as authorized by section 391:

26 Provided further, That, of the funds appropriated herein,
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•HR 5548 IH1S

1 not to exceed 5 percent may be available for telecommuni2 cations research activities for projects related directly to

3 the development of a national information infrastructure:

4 Provided further, That, notwithstanding the requirements

5 of sections 392(a) and 392(c) of the Act, these funds may

6 be used for the planning and construction of telecommuni7 cations networks for the provision of educational, cultural,

8 health care, public information, public safety, or other so9 cial services: Provided further, That notwithstanding any

10 other provision of law, no entity that receives tele11 communications services at preferential rates under sec12 tion 254(h) of the Act (47 U.S.C. 254(h)) or receives as13 sistance under the regional information sharing systems

14 grant program of the Department of Justice under part

15 M of title I of the Omnibus Crime Control and Safe

16 Streets Act of 1968 (42 U.S.C. 3796h) may use funds

17 under a grant under this heading to cover any costs of

18 the entity that would otherwise be covered by such pref19 erential rates or such assistance, as the case may be: Pro20 vided further, That the Administrator shall, after consulta21 tion with other federal departments and agencies respon22 sible for regulating the core operations of entities engaged

23 in the provision of energy, water and railroad services,

24 complete and submit to Congress, not later than twelve

25 months after date of enactment of this subsection, a study
55

•HR 5548 IH1S

1 of the current and future use of spectrum by these entities

2 to protect and maintain the nation’s critical infrastruc3 ture: Provided further, That within six months after the

4 release of this study, the Chairman of the Federal Com5 munications Commission shall submit a report to Con6 gress on the actions that could be taken by the Commis7 sion to address any needs identified in the Administrator’s

8 study.

9 PATENT AND TRADEMARK OFFICE

10 SALARIES AND EXPENSES

11 For necessary expenses of the Patent and Trademark

12 Office provided for by law, including defense of suits insti13 tuted against the Commissioner of Patents and Trade14 marks, $783,843,000, to remain available until expended:

15 Provided, That of this amount, $783,843,000 shall be de16 rived from offsetting collections assessed and collected

17 pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376,

18 and shall be retained and used for necessary expenses in

19 this appropriation: Provided further, That the sum herein

20 appropriated from the general fund shall be reduced as

21 such offsetting collections are received during fiscal year

22 2001, so as to result in a final fiscal year 2001 appropria23 tion from the general fund estimated at $0: Provided fur24 ther, That during fiscal year 2001, should the total

25 amount of offsetting fee collections be less than
56

•HR 5548 IH1S

1 $783,843,000, the total amounts available to the Patent

2 and Trademark Office shall be reduced accordingly: Pro3 vided further, That any amount received in excess of

4 $783,843,000 in fiscal year 2001 shall not be available

5 for obligation: Provided further, That not to exceed

6 $254,889,000 from fees collected in fiscal years 1999 and

7 2000 shall be made available for obligation in fiscal year

8 2001.

9 SCIENCE AND TECHNOLOGY

10 TECHNOLOGY ADMINISTRATION

11 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

12 TECHNOLOGY POLICY

13 SALARIES AND EXPENSES

14 For necessary expenses for the Under Secretary for

15 Technology/Office of Technology Policy, $8,080,000.

16 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

17 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

18 For necessary expenses of the National Institute of

19 Standards and Technology, $312,617,000, to remain

20 available until expended, of which not to exceed $282,000

21 may be transferred to the ‘‘Working Capital Fund’’.

22 INDUSTRIAL TECHNOLOGY SERVICES

23 For necessary expenses of the Manufacturing Exten24 sion Partnership of the National Institute of Standards

25 and Technology, $105,137,000, to remain available until

26 expended.
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•HR 5548 IH1S

1 In addition, for necessary expenses of the Advanced

2 Technology Program of the National Institute of Stand3 ards and Technology, $145,700,000, to remain available

4 until expended, of which not to exceed $60,700,000 shall

5 be available for the award of new grants.

6 CONSTRUCTION OF RESEARCH FACILITIES

7 For construction of new research facilities, including

8 architectural and engineering design, and for renovation

9 of existing facilities, not otherwise provided for the Na10 tional Institute of Standards and Technology, as author11 ized by 15 U.S.C. 278c–278e, $34,879,000, to remain

12 available until expended.

13 NATIONAL OCEANIC AND ATMOSPHERIC

14 ADMINISTRATION

15 OPERATIONS, RESEARCH, AND FACILITIES

16 (INCLUDING TRANSFERS OF FUNDS)

17 For necessary expenses of activities authorized by law

18 for the National Oceanic and Atmospheric Administration,

19 including maintenance, operation, and hire of aircraft;

20 grants, contracts, or other payments to nonprofit organi21 zations for the purposes of conducting activities pursuant

22 to cooperative agreements; and relocation of facilities as

23 authorized by 33 U.S.C. 883i, $1,869,170,000, to remain

24 available until expended: Provided, That fees and dona25 tions received by the National Ocean Service for the man-
58

•HR 5548 IH1S

1 agement of the national marine sanctuaries may be re2 tained and used for the salaries and expenses associated

3 with those activities, notwithstanding 31 U.S.C. 3302:

4 Provided further, That in addition, $68,000,000 shall be

5 derived by transfer from the fund entitled ‘‘Promote and

6 Develop Fishery Products and Research Pertaining to

7 American Fisheries’’: Provided further, That grants to

8 States pursuant to sections 306 and 306A of the Coastal

9 Zone Management Act of 1972, as amended, shall not ex10 ceed $2,000,000: Provided further, That not to exceed

11 $31,439,000 shall be expended for Executive Direction

12 and Administration, which consists of the Offices of the

13 Undersecretary, the Executive Secretariat, Policy and

14 Strategic Planning, International Affairs, Legislative Af15 fairs, Public Affairs, Sustainable Development, the Chief

16 Scientist, and the General Counsel: Provided further, That

17 the aforementioned offices, excluding the Office of the

18 General Counsel, shall not be augmented by personnel de19 tails, temporary transfers of personnel on either a reim20 bursable or nonreimbursable basis or any other type of

21 formal or informal transfer or reimbursement of personnel

22 or funds on either a temporary or long-term basis above

23 the level of 42 personnel: Provided further, That no gen24 eral administrative charge shall be applied against an as25 signed activity included in this Act and, further, that any
59

•HR 5548 IH1S

1 direct administrative expenses applied against an assigned

2 activity shall be limited to 5 percent of the funds provided

3 for that assigned activity: Provided further, That any use

4 of deobligated balances of funds provided under this head5 ing in previous years shall be subject to the procedures

6 set forth in section 605 of this Act.

7 In addition, for necessary retired pay expenses under

8 the Retired Serviceman’s Family Protection and Survivor

9 Benefits Plan, and for payments for medical care of re10 tired personnel and their dependents under the Depend11 ents Medical Care Act (10 U.S.C. ch. 55), such sums as

12 may be necessary.

13 PROCUREMENT, ACQUISITION AND CONSTRUCTION

14 (INCLUDING TRANSFERS OF FUNDS)

15 For procurement, acquisition and construction of

16 capital assets, including alteration and modification costs,

17 of the National Oceanic and Atmospheric Administration,

18 $682,899,000, to remain available until expended: Pro19 vided, That unexpended balances of amounts previously

20 made available in the ‘‘Operations, Research, and Facili21 ties’’ account for activities funded under this heading may

22 be transferred to and merged with this account, to remain

23 available until expended for the purposes for which the

24 funds were originally appropriated: Provided further, That

25 none of the funds provided in this Act or any other Act

26 under the heading ‘‘National Oceanic and Atmospheric
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•HR 5548 IH1S

1 Administration, Procurement, Acquisition and Construc2 tion’’ shall be used to fund the construction and tenant

3 build-out costs of a facility at the Suitland Federal Center.

4 COASTAL AND OCEAN ACTIVITIES

5 In addition, for coastal and ocean activities,

6 $420,000,000, to remain available until expended, of

7 which $135,000,000 is for ocean, coastal and waterway

8 conservation programs; of which $135,000,000 is for Na9 tional Oceanic and Atmospheric Administration programs;

10 and of which $150,000,000 is for coastal impact assist11 ance as authorized by section 31 of the Outer Continental

12 Shelf Lands Act as authorized by section 903 of this Act:

13 Provided, That of the funds provided under this heading

14 for ocean and coastal conservation programs, $10,000,000

15 is available for implementation of State nonpoint pollution

16 control plans established pursuant to section 6217 of the

17 Coastal Zone Management Act of 1972, as amended by

18 Public Law 101–508, other than in non-contiguous States

19 except Hawaii; $30,000,000 is for competitive grants for

20 community-based coastal restoration activities in the

21 Great Lakes region; $14,000,000 is for the University of

22 New Hampshire, Building and Pier; $1,000,000 is for the

23 Sea Coast Science Center; $3,000,000 is for the Great

24 Bay Partnership; $1,000,000 is for the New Hampshire

25 Department of Environmental Services Marsh Restoration

26 initiative; $1,000,000 is for the Mississippi Laboratories
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•HR 5548 IH1S

1 at Pascagoula; $8,000,000 is for the ACE Basin NERRS

2 Research Center construction; $4,000,000 is for

3 Kachamek Bay NERRS research center construction;

4 $1,000,000 is for the Raritan, New Jersey, NERRS land

5 acquisition; $2,500,000 is for Winyah Bay land acquisi6 tion; $2,000,000 is for ACE Basin Land Acquisition;

7 $10,000,000 is for a direct payment to the SeaLife Cen8 ter; $10,000,000 is for Dupage River restoration;

9 $1,000,000 is for Detroit River restoration; $500,000 is

10 for lower Rouge River restoration; $8,500,000 is for

11 Bronx River restoration and land acquisition; $16,000,000

12 is for a grant for Eastern Kentucky Pride, Inc., of which

13 $11,000,000 is for design and construction of facilities for

14 water protection and related environmental infrastructure;

15 $3,000,000 is for a grant to the Louisiana Department

16 of Natural Resources for brown marsh research/mitigation

17 and nutria control; $2,000,000 is for land acquisition in

18 southern Orange County, California for conservation of

19 coastal sage scrup; $3,000,000 is for planning, renovation

20 and construction of facilities for a new national estuarine

21 research reserve in San Francisco, California; $2,000,000

22 is for a grant to the National Fish and Wildlife Founda23 tion for species management and estuarine habitat con24 servation; and $1,500,000 is for a grant to the Pinellas

25 County Environmental Foundation for the Tampa Bay
62

•HR 5548 IH1S

1 watershed for lower Rouge River restoration: Provided fur2 ther, That of the funds provided for the National Oceanic

3 and Atmospheric Administration programs, $5,000,000 is

4 for National Estuarine Research Reserves operations;

5 $12,000,000 is for Marine Sanctuaries operations;

6 $8,500,000 is for Coastal Zone Management Act grants;

7 $1,500,000 is for Program Administration; $4,000,000 is

8 for marine mammal strandings; $25,000,000 is for protec9 tion of Coral Reefs; $36,000,000 is for Pacific Coastal

10 Salmon Recovery grants to States and tribes; $6,000,000

11 is for fisheries habitat restoration; $15,000,000 is for

12 NOAA Cooperative Enforcement initiative; $3,000,000 is

13 for Atlantic Coast observers; $3,000,000 is for Coopera14 tive Research; $3,000,000 is for Red Snapper research;

15 $3,000,000 is for Aquaculture; $5,000,000 is for Harmful

16 Algal Blooms research; $2,000,000 is for Ocean explo17 ration initiative; and $3,000,000 is for Marine Sanctuaries

18 construction.

19 PACIFIC COASTAL SALMON RECOVERY

20 For necessary expenses associated with the restora21 tion of Pacific salmon populations and the implementation

22 of the 1999 Pacific Salmon Treaty Agreement between the

23 United States and Canada, $54,000,000, subject to ex24 press authorization.

25 In addition, for implementation of the 1999 Pacific

26 Salmon Treaty Agreement, $20,000,000, of which
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•HR 5548 IH1S

1 $10,000,000 shall be deposited in the Northern Boundary

2 and Transboundary Rivers Restoration and Enhancement

3 Fund and of which $10,000,000 shall be deposited in the

4 Southern Boundary Restoration and Enhancement Fund.

5 COASTAL ZONE MANAGEMENT FUND

6 Of amounts collected pursuant to section 308 of the

7 Coastal Zone Management Act of 1972 (16 U.S.C.

8 1456a), not to exceed $3,200,000, for purposes set forth

9 in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of

10 such Act.

11 FISHERMEN’S CONTINGENCY FUND

12 For carrying out the provisions of title IV of Public

13 Law 95–372, not to exceed $952,000, to be derived from

14 receipts collected pursuant to that Act, to remain available

15 until expended.

16 FOREIGN FISHING OBSERVER FUND

17 For expenses necessary to carry out the provisions

18 of the Atlantic Tunas Convention Act of 1975, as amend19 ed (Public Law 96–339), the Magnuson-Stevens Fishery

20 Conservation and Management Act of 1976, as amended

21 (Public Law 100–627), and the American Fisheries Pro22 motion Act (Public Law 96–561), to be derived from the

23 fees imposed under the foreign fishery observer program

24 authorized by these Acts, not to exceed $191,000, to re25 main available until expended.
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•HR 5548 IH1S

1 FISHERIES FINANCE PROGRAM ACCOUNT

2 For the cost of direct loans, $288,000, as authorized

3 by the Merchant Marine Act of 1936, as amended: Pro4 vided, That such costs, including the cost of modifying

5 such loans, shall be as defined in section 502 of the Con6 gressional Budget Act of 1974: Provided further, That

7 none of the funds made available under this heading may

8 be used for direct loans for any new fishing vessel that

9 will increase the harvesting capacity in any United States

10 fishery.

11 DEPARTMENTAL MANAGEMENT

12 SALARIES AND EXPENSES

13 For expenses necessary for the departmental manage14 ment of the Department of Commerce provided for by law,

15 including not to exceed $3,000 for official entertainment,

16 $35,920,000.

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector

19 General in carrying out the provisions of the Inspector

20 General Act of 1978, as amended (5 U.S.C. App. 1–11,

21 as amended by Public Law 100–504), $20,000,000.

22 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

23 SEC. 201. During the current fiscal year, applicable

24 appropriations and funds made available to the Depart25 ment of Commerce by this Act shall be available for the

26 activities specified in the Act of October 26, 1949 (15
65

•HR 5548 IH1S

1 U.S.C. 1514), to the extent and in the manner prescribed

2 by the Act, and, notwithstanding 31 U.S.C. 3324, may

3 be used for advanced payments not otherwise authorized

4 only upon the certification of officials designated by the

5 Secretary of Commerce that such payments are in the

6 public interest.

7 SEC. 202. During the current fiscal year, appropria8 tions made available to the Department of Commerce by

9 this Act for salaries and expenses shall be available for

10 hire of passenger motor vehicles as authorized by 31

11 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.

12 3109; and uniforms or allowances therefore, as authorized

13 by law (5 U.S.C. 5901–5902).

14 SEC. 203. None of the funds made available by this

15 Act may be used to support the hurricane reconnaissance

16 aircraft and activities that are under the control of the

17 United States Air Force or the United States Air Force

18 Reserve.

19 SEC. 204. None of the funds provided in this or any

20 previous Act, or hereinafter made available to the Depart21 ment of Commerce, shall be available to reimburse the Un22 employment Trust Fund or any other fund or account of

23 the Treasury to pay for any expenses authorized by section

24 8501 of title 5, United States Code, for services performed

25 by individuals appointed to temporary positions within the
66

•HR 5548 IH1S

1 Bureau of the Census for purposes relating to the decen2 nial censuses of population.

3 SEC. 205. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the De5 partment of Commerce in this Act may be transferred be6 tween such appropriations, but no such appropriation shall

7 be increased by more than 10 percent by any such trans8 fers: Provided, That any transfer pursuant to this section

9 shall be treated as a reprogramming of funds under sec10 tion 605 of this Act and shall not be available for obliga11 tion or expenditure except in compliance with the proce12 dures set forth in that section.

13 SEC. 206. Any costs incurred by a department or

14 agency funded under this title resulting from personnel

15 actions taken in response to funding reductions included

16 in this title or from actions taken for the care and protec17 tion of loan collateral or grant property shall be absorbed

18 within the total budgetary resources available to such de19 partment or agency: Provided, That the authority to trans20 fer funds between appropriations accounts as may be nec21 essary to carry out this section is provided in addition to

22 authorities included elsewhere in this Act: Provided fur23 ther, That use of funds to carry out this section shall be

24 treated as a reprogramming of funds under section 605

25 of this Act and shall not be available for obligation or ex-
67

•HR 5548 IH1S

1 penditure except in compliance with the procedures set

2 forth in that section.

3 SEC. 207. The Secretary of Commerce may award

4 contracts for hydrographic, geodetic, and photo5 grammetric surveying and mapping services in accordance

6 with title IX of the Federal Property and Administrative

7 Services Act of 1949 (40 U.S.C. 541 et seq.).

8 SEC. 208. The Secretary of Commerce may use the

9 Commerce franchise fund for expenses and equipment nec10 essary for the maintenance and operation of such adminis11 trative services as the Secretary determines may be per12 formed more advantageously as central services, pursuant

13 to section 403 of Public Law 103–356: Provided, That any

14 inventories, equipment, and other assets pertaining to the

15 services to be provided by such fund, either on hand or

16 on order, less the related liabilities or unpaid obligations,

17 and any appropriations made for the purpose of providing

18 capital shall be used to capitalize such fund: Provided fur19 ther, That such fund shall be paid in advance from funds

20 available to the Department and other Federal agencies

21 for which such centralized services are performed, at rates

22 which will return in full all expenses of operation, includ23 ing accrued leave, depreciation of fund plant and equip24 ment, amortization of automated data processing (ADP)

25 software and systems (either acquired or donated), and
68

•HR 5548 IH1S

1 an amount necessary to maintain a reasonable operating

2 reserve, as determined by the Secretary: Provided further,

3 That such fund shall provide services on a competitive

4 basis: Provided further, That an amount not to exceed 4

5 percent of the total annual income to such fund may be

6 retained in the fund for fiscal year 2001 and each fiscal

7 year thereafter, to remain available until expended, to be

8 used for the acquisition of capital equipment, and for the

9 improvement and implementation of department financial

10 management, ADP, and other support systems: Provided

11 further, That such amounts retained in the fund for fiscal

12 year 2001 and each fiscal year thereafter shall be available

13 for obligation and expenditure only in accordance with sec14 tion 605 of this Act: Provided further, That no later than

15 30 days after the end of each fiscal year, amounts in ex16 cess of this reserve limitation shall be deposited as mis17 cellaneous receipts in the Treasury: Provided further, That

18 such franchise fund pilot program shall terminate pursu19 ant to section 403(f) of Public Law 103–356.

20 SEC. 209. Notwithstanding any other provision of

21 law, of the amounts made available elsewhere in this title

22 to the ‘‘National Institute of Standards and Technology,

23 Construction of Research Facilities’’, $4,000,000 is appro24 priated to the Institute at Saint Anselm College,

25 $4,000,000 is appropriated to fund a cooperative agree-
69

•HR 5548 IH1S

1 ment with the Medical University of South Carolina,

2 $3,000,000 is appropriated to the Thayer School of Engi3 neering for the biocommodity and biomass research initia4 tive, and $3,000,000 is appropriated to establish the Insti5 tute for Information Infrastructure Protection at the In6 stitute for Security Technology Studies.

7 In addition, of the amounts for ‘‘National Oceanic

8 and Atmospheric Administration, Procurement, Acquisi9 tion, and Construction’’, $5,000,000 shall be for a grant

10 for Eastern Kentucky Pride, Inc., for design and construc11 tion of facilities for water protection and related environ12 mental infrastructure.

13 SEC. 210. (a) The Secretary of Commerce shall es14 tablish and administer through the National Ocean Serv15 ice the Dr. Nancy Foster Scholarship Program. Under the

16 program, the Secretary shall award graduate education

17 scholarships in marine biology, oceanography, or maritime

18 archaeology, including the curation, preservation, and dis19 play of maritime artifacts, to be known as ‘‘Dr. Nancy

20 Foster Scholarships’’.

21 (b) The purpose of the Dr. Nancy Foster Scholarship

22 Program is to recognize outstanding scholarship in marine

23 biology, oceanography, or maritime archaeology, particu24 larly by women and members of minority groups, and en-
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1 courage independent graduate level research in such fields

2 of study.

3 (c) Each Dr. Nancy Foster Scholarship award—

4 (1) shall be used to support a candidate’s grad5 uate studies in marine biology, oceanography, or

6 maritime archaeology at a sponsoring institution;

7 and

8 (2) shall be made available to individual can9 didates in accordance with guidelines issued by the

10 Secretary.

11 (d) The amount of each Dr. Nancy Foster Scholar12 ship shall be provided directly to each recipient selected

13 by the Secretary upon receipt of certification that the re14 cipient will adhere to a specific and detailed plan of study

15 and research approved by the sponsoring institution.

16 (e) The Secretary shall make 1 percent of the amount

17 appropriated each fiscal year to carry out the National

18 Marine Sanctuaries Act (46 U.S.C. 1431 et seq.) available

19 for Dr. Nancy Foster Scholarships.

20 (f) Repayment of the award shall be made to the Sec21 retary in the case of fraud or noncompliance.

22 This title may be cited as the ‘‘Department of Com23 merce and Related Agencies Appropriations Act, 2001’’.
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1 TITLE III—THE JUDICIARY

2 SUPREME COURT OF THE UNITED STATES

3 SALARIES AND EXPENSES

4 For expenses necessary for the operation of the Su5 preme Court, as required by law, excluding care of the

6 building and grounds, including purchase or hire, driving,

7 maintenance, and operation of an automobile for the Chief

8 Justice, not to exceed $10,000 for the purpose of trans9 porting Associate Justices, and hire of passenger motor

10 vehicles as authorized by 31 U.S.C. 1343 and 1344; not

11 to exceed $10,000 for official reception and representation

12 expenses; and for miscellaneous expenses, to be expended

13 as the Chief Justice may approve, $37,591,000.

14 CARE OF THE BUILDING AND GROUNDS

15 For such expenditures as may be necessary to enable

16 the Architect of the Capitol to carry out the duties im17 posed upon the Architect by the Act approved May 7,

18 1934 (40 U.S.C. 13a–13b), $7,530,000, of which

19 $4,460,000 shall remain available until expended.

20 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

21 CIRCUIT

22 SALARIES AND EXPENSES

23 For salaries of the chief judge, judges, and other offi24 cers and employees, and for necessary expenses of the

25 court, as authorized by law, $17,930,000.
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1 UNITED STATES COURT OF INTERNATIONAL TRADE

2 SALARIES AND EXPENSES

3 For salaries of the chief judge and eight judges, sala4 ries of the officers and employees of the court, services

5 as authorized by 5 U.S.C. 3109, and necessary expenses

6 of the court, as authorized by law, $12,456,000.

7 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

8 JUDICIAL SERVICES

9 SALARIES AND EXPENSES

10 For the salaries of circuit and district judges (includ11 ing judges of the territorial courts of the United States),

12 justices and judges retired from office or from regular ac13 tive service, judges of the United States Court of Federal

14 Claims, bankruptcy judges, magistrate judges, and all

15 other officers and employees of the Federal Judiciary not

16 otherwise specifically provided for, and necessary expenses

17 of the courts, as authorized by law, $3,359,725,000 (in18 cluding the purchase of firearms and ammunition); of

19 which not to exceed $17,817,000 shall remain available

20 until expended for space alteration projects; and of which

21 not to exceed $10,000,000 shall remain available until ex22 pended for furniture and furnishings related to new space

23 alteration and construction projects.

24 In addition, for expenses of the United States Court

25 of Federal Claims associated with processing cases under
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1 the National Childhood Vaccine Injury Act of 1986, not

2 to exceed $2,602,000, to be appropriated from the Vaccine

3 Injury Compensation Trust Fund.

4 DEFENDER SERVICES

5 For the operation of Federal Public Defender and

6 Community Defender organizations; the compensation and

7 reimbursement of expenses of attorneys appointed to rep8 resent persons under the Criminal Justice Act of 1964,

9 as amended; the compensation and reimbursement of ex10 penses of persons furnishing investigative, expert and

11 other services under the Criminal Justice Act of 1964 (18

12 U.S.C. 3006A(e)); the compensation (in accordance with

13 Criminal Justice Act maximums) and reimbursement of

14 expenses of attorneys appointed to assist the court in

15 criminal cases where the defendant has waived representa16 tion by counsel; the compensation and reimbursement of

17 travel expenses of guardians ad litem acting on behalf of

18 financially eligible minor or incompetent offenders in con19 nection with transfers from the United States to foreign

20 countries with which the United States has a treaty for

21 the execution of penal sentences; and the compensation of

22 attorneys appointed to represent jurors in civil actions for

23 the protection of their employment, as authorized by 28

24 U.S.C. 1875(d), $435,000,000, to remain available until

25 expended as authorized by 18 U.S.C. 3006A(i).
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1 FEES OF JURORS AND COMMISSIONERS

2 For fees and expenses of jurors as authorized by 28

3 U.S.C. 1871 and 1876; compensation of jury commis4 sioners as authorized by 28 U.S.C. 1863; and compensa5 tion of commissioners appointed in condemnation cases

6 pursuant to rule 71A(h) of the Federal Rules of Civil Pro7 cedure (28 U.S.C. Appendix Rule 71A(h)), $59,567,000,

8 to remain available until expended: Provided, That the

9 compensation of land commissioners shall not exceed the

10 daily equivalent of the highest rate payable under section

11 5332 of title 5, United States Code.

12 COURT SECURITY

13 For necessary expenses, not otherwise provided for,

14 incident to the procurement, installation, and maintenance

15 of security equipment and protective services for the

16 United States Courts in courtrooms and adjacent areas,

17 including building ingress-egress control, inspection of

18 packages, directed security patrols, and other similar ac19 tivities as authorized by section 1010 of the Judicial Im20 provement and Access to Justice Act (Public Law 100–

21 702), $199,575,000, of which not to exceed $10,000,000

22 shall remain available until expended for security systems,

23 to be expended directly or transferred to the United States

24 Marshals Service, which shall be responsible for admin25 istering elements of the Judicial Security Program con-
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1 sistent with standards or guidelines agreed to by the Di2 rector of the Administrative Office of the United States

3 Courts and the Attorney General.

4 ADMINISTRATIVE OFFICE OF THE UNITED STATES

5 COURTS

6 SALARIES AND EXPENSES

7 For necessary expenses of the Administrative Office

8 of the United States Courts as authorized by law, includ9 ing travel as authorized by 31 U.S.C. 1345, hire of a pas10 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

11 advertising and rent in the District of Columbia and else12 where, $58,340,000, of which not to exceed $8,500 is au13 thorized for official reception and representation expenses.

14 FEDERAL JUDICIAL CENTER

15 SALARIES AND EXPENSES

16 For necessary expenses of the Federal Judicial Cen17 ter, as authorized by Public Law 90–219, $18,777,000;

18 of which $1,800,000 shall remain available through Sep19 tember 30, 2002, to provide education and training to

20 Federal court personnel; and of which not to exceed

21 $1,000 is authorized for official reception and representa22 tion expenses.
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1 JUDICIAL RETIREMENT FUNDS

2 PAYMENT TO JUDICIARY TRUST FUNDS

3 For payment to the Judicial Officers’ Retirement

4 Fund, as authorized by 28 U.S.C. 377(o), $25,700,000;

5 to the Judicial Survivors’ Annuities Fund, as authorized

6 by 28 U.S.C. 376(c), $8,100,000; and to the United

7 States Court of Federal Claims Judges’ Retirement Fund,

8 as authorized by 28 U.S.C. 178(l), $1,900,000.

9 UNITED STATES SENTENCING COMMISSION

10 SALARIES AND EXPENSES

11 For the salaries and expenses necessary to carry out

12 the provisions of chapter 58 of title 28, United States

13 Code, $9,931,000, of which not to exceed $1,000 is au14 thorized for official reception and representation expenses.

15 GENERAL PROVISIONS—THE JUDICIARY

16 SEC. 301. Appropriations and authorizations made in

17 this title which are available for salaries and expenses shall

18 be available for services as authorized by 5 U.S.C. 3109.

19 SEC. 302. Not to exceed 5 percent of any appropria20 tion made available for the current fiscal year for the Judi21 ciary in this Act may be transferred between such appro22 priations, but no such appropriation, except ‘‘Courts of

23 Appeals, District Courts, and Other Judicial Services, De24 fender Services’’ and ‘‘Courts of Appeals, District Courts,

25 and Other Judicial Services, Fees of Jurors and Commis-
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1 sioners’’, shall be increased by more than 10 percent by

2 any such transfers: Provided, That any transfer pursuant

3 to this section shall be treated as a reprogramming of

4 funds under section 605 of this Act and shall not be avail5 able for obligation or expenditure except in compliance

6 with the procedures set forth in that section.

7 SEC. 303. Notwithstanding any other provision of

8 law, the salaries and expenses appropriation for district

9 courts, courts of appeals, and other judicial services shall

10 be available for official reception and representation ex11 penses of the Judicial Conference of the United States:

12 Provided, That such available funds shall not exceed

13 $11,000 and shall be administered by the Director of the

14 Administrative Office of the United States Courts in the

15 capacity as Secretary of the Judicial Conference.

16 SEC. 304. (a) The Director of the Administrative Of17 fice of the United States Courts (the Director) may des18 ignate in writing officers and employees of the judicial

19 branch of the United States Government, including the

20 courts as defined in section 610 of title 28, United States

21 Code, but excluding the Supreme Court, to be disbursing

22 officers in such numbers and locations as the Director con23 siders necessary. These disbursing officers will: (1) dis24 burse moneys appropriated to the judicial branch and

25 other funds only in strict accordance with payment re-
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1 quests certified by the Director or in accordance with sub2 section (b) of this section; (2) examine payment requests

3 as necessary to ascertain whether they are in proper form,

4 certified, and approved; and (3) be held accountable as

5 provided by law. However, a disbursing officer will not be

6 held accountable or responsible for any illegal, improper,

7 or incorrect payment resulting from any false, inaccurate,

8 or misleading certificate for which a certifying officer is

9 responsible under subsection (b) of this section.

10 (b)(1) The Director may designate in writing officers

11 and employees of the judicial branch of the United States

12 Government, including the courts as defined in section 610

13 of title 28, United States Code, but excluding the Supreme

14 Court, to certify payment requests payable from appro15 priations and funds. These certifying officers will be re16 sponsible and accountable for: (A) the existence and cor17 rectness of the facts recited in the certificate or other re18 quest for payment or its supporting papers; (B) the legal19 ity of the proposed payment under the appropriation or

20 fund involved; and (C) the correctness of the computations

21 of certified payment requests.

22 (2) The liability of a certifying officer will be enforced

23 in the same manner and to the same extent as provided

24 by law with respect to the enforcement of the liability of

25 disbursing and other accountable officers. A certifying of-
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1 ficer shall be required to make restitution to the United

2 States for the amount of any illegal, improper, or incorrect

3 payment resulting from any false, inaccurate, or mis4 leading certificates made by the certifying officer, as well

5 as for any payment prohibited by law or which did not

6 represent a legal obligation under the appropriation or

7 fund involved.

8 (c) A certifying or disbursing officer: (1) has the right

9 to apply for and obtain a decision by the Comptroller Gen10 eral on any question of law involved in a payment request

11 presented for certification; and (2) is entitled to relief

12 from liability arising under this section as provided by law.

13 (d) The Director shall disburse, directly or through

14 officials designated pursuant to this section, appropria15 tions and other funds for the maintenance and operation

16 of the courts.

17 (e) Nothing in this section affects the authority of

18 the courts to receive or disburse moneys in accordance

19 with chapter 129 of title 28, United States Code.

20 (f) This section shall be effective for fiscal year 2001

21 and hereafter.

22 SEC. 305. DISTRICT JUDGES FOR THE DISTRICT

23 COURTS. (a) IN GENERAL.—The President shall appoint,

24 by and with the advice and consent of the Senate—
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1 (1) 1 additional district judge for the district of

2 Arizona;

3 (2) 1 additional district judge for the southern

4 district of Florida;

5 (3) 1 additional district judge for the eastern

6 district of Kentucky;

7 (4) 1 additional district judge for the district of

8 Nevada;

9 (5) 1 additional district judge for the district of

10 New Mexico;

11 (6) 1 additional district judge for the district of

12 South Carolina;

13 (7) 1 additional district judge for the southern

14 district of Texas;

15 (8) 1 additional district judge for the western

16 district of Texas;

17 (9) 1 additional district judge for the eastern

18 district of Virginia; and

19 (10) 1 additional district judge for the eastern

20 district of Wisconsin.

21 (b) TABLE.—In order that the table contained in sec22 tion 133 of title 28, United States Code, will, with respect

23 to each judicial district, reflect the changes in the total

24 number of permanent district judges authorized under

25 subsection (a), such table is amended—
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1 (1) in the item relating to the district of Ari2 zona, by striking ‘‘11’’’ and inserting ‘‘12’’;

3 (2) in the item relating to the southern district

4 of Florida, by striking ‘‘16’’ and inserting ‘‘17’’;

5 (3) in the item relating to the eastern district

6 of Kentucky, by striking ‘‘4’’ and inserting ‘‘5’’;

7 (4) in the item relating to the district of Ne8 vada, by striking ‘‘6’’ and inserting ‘‘7’’;

9 (5) in the item relating to the district of New

10 Mexico, by striking ‘‘5’’ and inserting ‘‘6’’;

11 (6) in the item relating to the district of South

12 Carolina, by striking ‘‘9’’ and inserting ‘‘10’’;

13 (7) in the item relating to the southern district

14 of Texas, by striking ‘‘18’’ and inserting ‘‘19’’;

15 (8) in the item relating to the western district

16 of Texas, by striking ‘‘10’’ and inserting ‘‘11’’;

17 (9) in the item relating to the eastern district

18 of Virginia, by striking ‘‘9’’ and inserting ‘‘10’’; and

19 (10) in the item relating to the eastern district

20 of Wisconsin, by striking ‘‘4’’ and inserting ‘‘5’’.

21 (c) DESIGNATION OF JUDGE TO HOLD COURT.—The

22 chief judge of the eastern district of Wisconsin shall des23 ignate 1 judge who shall hold court for such district in

24 Green Bay, Wisconsin.
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1 SEC. 306. Section 332 of title 28, United States

2 Code, is amended by adding at the end the following new

3 subsection:

4 ‘‘(h)(1) The United States Court of Appeals for the

5 Federal Circuit may appoint a circuit executive, who shall

6 serve at the pleasure of the court. In appointing a circuit

7 executive, the court shall take into account experience in

8 administrative and executive positions, familiarity with

9 court procedures, and special training. The circuit execu10 tive shall exercise such administrative powers and perform

11 such duties as may be delegated by the court. The duties

12 delegated to the circuit executive may include but need

13 not be limited to the duties specified in subsection (e) of

14 this section, insofar as they are applicable to the Court

15 of Appeals for the Federal Circuit.

16 ‘‘(2) The circuit executive shall be paid the salary for

17 circuit executives established under subsection (f) of this

18 section.

19 ‘‘(3) The circuit executive may appoint, with the ap20 proval of the court, necessary employees in such number

21 as may be approved by the Director of the Administrative

22 Office of the United States Courts.

23 ‘‘(4) The circuit executive and staff shall be deemed

24 to be officers and employees of the United States within

25 the meaning of the statutes specified in subsection (f)(4).
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1 ‘‘(5) The court may appoint either a circuit executive

2 under this subsection or a clerk under section 711 of this

3 title, but not both, or may appoint a combined circuit exec4 utive/clerk who shall be paid the salary of a circuit execu5 tive.’’.

6 SEC. 307. Section 3102(a)(1) of title 5, United States

7 Code, is amended—

8 (1) in subparagraph (A) by striking ‘‘and’’;

9 (2) in subparagraph (B) by adding ‘‘and’’ after

10 the semicolon; and

11 (3) by adding at the end the following:

12 ‘‘(C) an office, agency, or other establish13 ment in the judicial branch;’’.

14 SEC. 308. (a) SUPREME COURT POLICE RETIRE15 MENT.—

16 (1) SERVICE DEEMED TO BE SERVICE AS LAW

17 ENFORCEMENT OFFICER.—Any period of service

18 performed before the effective date of this section by

19 an individual as a member of the Supreme Court

20 Police, who is such a member on such date, shall be

21 deemed to be service performed as a law enforce22 ment officer for purposes of chapters 83 and 84 of

23 title 5, United States Code. Notwithstanding any

24 amendment made by this section, any period of serv25 ice performed before the effective date of this section
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1 by an individual as a member of the Supreme Court

2 Police, who is not such a member on such date, shall

3 be employee service for purposes of chapters 83 and

4 84 of title 5, United States Code.

5 (2) CONTRIBUTIONS.—The Marshal of the Su6 preme Court of the United States shall pay an

7 amount determined by the Office of Personnel Man8 agement equal to—

9 (A)(i) the difference between—

10 (I) the amount that was deducted and

11 withheld from basic pay under chapters 83

12 and 84 of title 5, United States Code, for

13 the period of service described in the first

14 sentence of paragraph (1); and

15 (II) the amount that should have been

16 deducted and withheld for such period of

17 service, if it had instead been performed as

18 a law enforcement officer; and

19 (ii) interest as prescribed under section

20 8334(e) of title 5, United States Code, based on

21 the amount determined under clause (i); and

22 (B) with respect to the period of service

23 described in subparagraph (A), the difference

24 between the Government contributions that

25 were in fact made to the Civil Service Retire-
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1 ment and Disability Fund for such service, and

2 the amount that would have been required if

3 such service had instead been performed as a

4 law enforcement officer, subject to subsection

5 (f).

6 (3) DEPOSIT OF PAYMENTS.—Payments under

7 paragraph (2) shall be paid from the salaries and

8 expenses account from appropriations to the Su9 preme Court of the United States, including any

10 prior year unobligated balances, and deposited in the

11 Civil Service Retirement and Disability Fund.

12 (b) AMENDMENTS TO CHAPTER 83.—

13 (1) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS14 ITS.—Section 8334 of title 5, United States Code, is

15 amended—

16 (A) in subsection (a)(1) by inserting

17 ‘‘member of the Supreme Court Police,’’ after

18 ‘‘member of the Capitol Police,’’; and

19 (B) in subsection (c) in the item relating

20 to law enforcement officers by inserting ‘‘,

21 member of the Supreme Court Police for Su22 preme Court Police service,’’ after ‘‘law enforce23 ment service’’.

24 (2) MANDATORY SEPARATION.—(A) Section

25 8335 of title 5, United States Code, is amended by
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1 redesignating subsection (e) as subsection (f) and in2 serting after subsection (d) the following:

3 ‘‘(e) A member of the Supreme Court Police who is

4 otherwise eligible for immediate retirement under section

5 8336(n) shall be separated from the service on the last

6 day of the month in which such member becomes 57 years

7 of age or completes 20 years of service if then over that

8 age. The Marshal of the Supreme Court of the United

9 States, when in his judgment the public interest so re10 quires, may exempt such a member from automatic sepa11 ration under this subsection until that member becomes

12 60 years of age. The Marshal shall notify the member in

13 writing of the date of separation at least 60 days in ad14 vance thereof. Action to separate the member is not effec15 tive, without the consent of the member, until the last day

16 of the month in which the 60-day notice expires.’’.

17 (B) Section 8335(f) of title 5, United States

18 Code, as redesignated by subparagraph (A), is

19 amended by striking ‘‘Police)’’ and inserting ‘‘Police

20 or the Supreme Court Police)’’.

21 (3) IMMEDIATE RETIREMENT.—Section 8336 of

22 title 5, United States Code, is amended by redesig23 nating subsection (n) as subsection (o) and inserting

24 after subsection (m) the following:
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1 ‘‘(n) A member of the Supreme Court Police who is

2 separated from the service after becoming 50 years of age

3 and completing 20 years of service as a member of the

4 Supreme Court Police or as a law enforcement officer, or

5 any combination of such service totaling at least 20 years,

6 is entitled to an annuity.’’.

7 (4) COMPUTATION.—Section 8339 of title 5,

8 United States Code, is amended by redesignating

9 subsection (r) as subsection (s) and inserting after

10 subsection (q) the following:

11 ‘‘(r) The annuity of a member of the Supreme Court

12 Police, or former member of the Supreme Court Police,

13 retiring under this subchapter is computed in accordance

14 with subsection (d).’’.

15 (c) AMENDMENTS TO CHAPTER 84.—

16 (1) IMMEDIATE RETIREMENT.—Section 8412(d)

17 of title 5, United States Code, is amended by insert18 ing ‘‘or Supreme Court Police’’ after ‘‘Capitol Po19 lice’’ each place it appears.

20 (2) COMPUTATION OF BASIC ANNUITY.—Section

21 8415(g) of title 5, United States Code, is amended

22 by inserting ‘‘member of the Supreme Court Police,’’

23 after ‘‘law enforcement officer,’’.

24 (3) DEDUCTIONS FROM PAY.—Section

25 8422(a)(3) of title 5, United States Code, is amend-
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1 ed in the item relating to law enforcement officers

2 by inserting ‘‘member of the Supreme Court Police,’’

3 after ‘‘member of the Capitol Police,’’.

4 (4) GOVERNMENT CONTRIBUTIONS.—Section

5 8423(a) of title 5, United States Code, is amended

6 by inserting ‘‘members of the Supreme Court Po7 lice,’’ after ‘‘law enforcement officers,’’ each place it

8 appears.

9 (5) MANDATORY SEPARATION.—(A) Section

10 8425 of title 5, United States Code, is amended by

11 redesignating subsection (d) as subsection (e) and

12 inserting after subsection (c) the following:

13 ‘‘(d) A member of the Supreme Court Police who is

14 otherwise eligible for immediate retirement under section

15 8412(d) shall be separated from the service on the last

16 day of the month in which such member becomes 57 years

17 of age or completes 20 years of service if then over that

18 age. The Marshal of the Supreme Court of the United

19 States, when in his judgment the public interest so re20 quires, may exempt such a member from automatic sepa21 ration under this subsection until that member becomes

22 60 years of age. The Marshal shall notify the member in

23 writing of the date of separation at least 60 days before

24 the date. Action to separate the member is not effective,
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1 without the consent of the member, until the last day of

2 the month in which the 60-day notice expires.’’.

3 (B) Section 8425(e) of title 5, United States

4 Code, as so redesignated, is amended by striking

5 ‘‘Police)’’ and inserting ‘‘Police or Supreme Court

6 Police)’’.

7 (d) PAYMENTS FOR OTHER LIABILITY.—

8 (1) IN GENERAL.—The Marshal of the Supreme

9 Court of the United States shall pay into the Civil

10 Service Retirement and Disability Fund an amount

11 determined by the Director of the Office of Per12 sonnel Management to be necessary to reimburse the

13 Fund for any estimated increase in the unfunded li14 ability of the Fund resulting from the amendments

15 related to the Civil Service Retirement System under

16 this section, and for any estimated increase in the

17 supplemental liability of the Fund resulting from the

18 amendments related to the Federal Employees’ Re19 tirement System under this section.

20 (2) INSTALLMENTS.—The amount determined

21 under paragraph (1) shall be paid in 5 equal annual

22 installments with interest computed at the rates

23 used in the most recent valuation of the Federal

24 Employees’ Retirement System.
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1 (3) SOURCE OF FUNDS.—Payments under this

2 subsection shall be made from amounts available

3 from the salaries and expenses account from appro4 priations to the Supreme Court of the United

5 States, including any prior year unobligated bal6 ances.

7 (e) NO MANDATORY SEPARATION FOR A 2-YEAR PE8 RIOD.—Nothing in section 8335(e) or 8425(d) of title 5,

9 United States Code, as added by this section, shall require

10 the automatic separation of any member of the Supreme

11 Court Police before the end of the 2-year period beginning

12 on the effective date of this section.

13 (f) NONREDUCTION IN GOVERNMENT CONTRIBU14 TIONS.—Notwithstanding any other provision of this sec15 tion, Government contributions to the Civil Service Retire16 ment and Disability Fund on behalf of a member of the

17 Supreme Court Police shall, with respect to any service

18 performed during the period beginning on January 1,

19 1999, and ending on December 31, 2002, while subject

20 to the Federal Employees’ Retirement System, be deter21 mined in the same way as if this section had never been

22 enacted.

23 (g) SAVINGS PROVISION.—Nothing in this section or

24 in any amendment made by this section shall, with respect

25 to any service performed before the effective date of such
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1 amendment, have the effect of reducing the percentage ap2 plicable in computing any portion of an annuity based on

3 service as a member of the Supreme Court Police below

4 the percentage which would otherwise apply if this section

5 had not been enacted.

6 (h) TECHNICAL AND CONFORMING AMENDMENTS.—

7 (1) Section 8337(a) of title 5, United States

8 Code, is amended in the last sentence by striking

9 ‘‘8339(a)–(e), (n), (q), or (r)’’ and inserting

10 ‘‘8339(a) through (e), (n), (q), (r), or (s)’’.

11 (2) Subsections (f) and (m) of section 8339 of

12 title 5, United States Code, are each amended by

13 striking ‘‘subsections (a)–(e), (n), (q), and (r)’’ and

14 inserting ‘‘subsections (a) through (e), (n), (q), (r),

15 and (s)’’.

16 (3) Section 8339(g) of title 5, United States

17 Code, is amended—

18 (A) in paragraph (2), by striking ‘‘sub19 sections (a)–(c), (n), (q), or (r)’’ and inserting

20 ‘‘subsections (a) through (c), (n), (q), (r), or

21 (s)’’; and

22 (B) in the matter following paragraph (2),

23 by striking ‘‘(q), or (r)’’ each place it appears

24 and inserting ‘‘(q), (r), or (s)’’.
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1 (4) Section 8339(i) of title 5, United States

2 Code, is amended by striking ‘‘(a)–(h), (n), (q), and

3 (r)’’ and inserting ‘‘(a)–(h), (n), (q), (r), or (s)’’.

4 (5) Sections 8339(j), 8339(k)(1), and 8343a of

5 title 5, United States Code, are each amended by

6 striking ‘‘(a)–(i), (n), (q), and (r)’’ each place it ap7 pears and inserting ‘‘(a)–(i), (n), (q), (r), and (s)’’.

8 (6) Section 8339(l) of title 5, United States

9 Code, is amended by striking ‘‘(a)–(k), (n), (q), and

10 (r)’’ and inserting ‘‘(a)–(k), (n), (q), (r), and (s)’’.

11 (7) Subsections (b)(1) and (d) of section 8341

12 of title 5, United States Code, are each amended by

13 striking ‘‘(q), and (r)’’ and inserting ‘‘(q), (r), and

14 (s)’’.

15 (8) Section 8344(a)(A) of title 5, United States

16 Code, is amended by striking ‘‘(q), and (r)’’ and in17 serting ‘‘(q), (r), and (s)’’.

18 (i) APPLICABILITY.—This section and the amend19 ments made by this section shall apply only to an indi20 vidual who is employed as a member of the Supreme Court

21 Police after the later of October 1, 2000, or the date of

22 enactment of this Act.

23 (j) EFFECTIVE DATE.—Except as otherwise provided

24 in this section, this section and the amendments made by

25 this section shall take effect on the first day of the first
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1 applicable pay period that begins on the later of October

2 1, 2000, or the date of enactment of this Act.

3 SEC. 309. Pursuant to section 140 of Public Law 97–

4 92, Justices and judges of the United States are author5 ized during fiscal year 2001, to receive a salary adjust6 ment in accordance with 28 U.S.C. 461, only if for the

7 purposes of each provision of law amended by section

8 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.

9 5318 note), adjustments under section 5303 of title 5,

10 United States Code, shall take effect in fiscal year 2001:

11 Provided, That, if such adjustments take effect pursuant

12 to this section, $8,801,000 is appropriated for such ad13 justments pursuant to this section and such funds shall

14 be transferred to and merged with appropriations in title

15 III of this Act.

16 This title may be cited as this ‘‘Judiciary Appropria17 tions Act, 2001’’.

18 TITLE IV—DEPARTMENT OF STATE AND

19 RELATED AGENCY

20 DEPARTMENT OF STATE

21 ADMINISTRATION OF FOREIGN AFFAIRS

22 DIPLOMATIC AND CONSULAR PROGRAMS

23 For necessary expenses of the Department of State

24 and the Foreign Service not otherwise provided for, includ25 ing employment, without regard to civil service and classi-
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•HR 5548 IH1S

1 fication laws, of persons on a temporary basis (not to ex2 ceed $700,000 of this appropriation), as authorized; rep3 resentation to certain international organizations in which

4 the United States participates pursuant to treaties, rati5 fied pursuant to the advice and consent of the Senate, or

6 specific Acts of Congress; arms control, nonproliferation

7 and disarmament activities as authorized; acquisition by

8 exchange or purchase of passenger motor vehicles as au9 thorized by law; and for expenses of general administra10 tion, $2,758,725,000: Provided, That, of the amount made

11 available under this heading, not to exceed $4,000,000

12 may be transferred to, and merged with, funds in the

13 ‘‘Emergencies in the Diplomatic and Consular Service’’

14 appropriations account, to be available only for emergency

15 evacuations and terrorism rewards: Provided further,

16 That, in fiscal year 2001, all receipts collected from indi17 viduals for assistance in the preparation and filing of an

18 affidavit of support pursuant to section 213A of the Immi19 gration and Nationality Act shall be deposited into this

20 account as an offsetting collection and shall remain avail21 able until expended: Provided further, That, of the amount

22 made available under this heading, $246,644,000 shall be

23 available only for public diplomacy international informa24 tion programs: Provided further, That of the amount made

25 available under this heading, $5,000,000 shall be available
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•HR 5548 IH1S

1 only for overseas continuing language education: Provided

2 further, That of the amount made available under this

3 heading, not to exceed $1,400,000 shall be available for

4 transfer to the Presidential Advisory Commission on Holo5 caust Assets in the United States: Provided further, That

6 notwithstanding section 140(a)(5), and the second sen7 tence of section 140(a)(3), of the Foreign Relations Au8 thorization Act, Fiscal Years 1994 and 1995, fees may

9 be collected during fiscal years 2001 and 2002, under the

10 authority of section 140(a)(1) of that Act: Provided fur11 ther, That all fees collected under the preceding proviso

12 shall be deposited in fiscal years 2001 and 2002 as an

13 offsetting collection to appropriations made under this

14 heading to recover costs as set forth under section

15 140(a)(2) of that Act and shall remain available until ex16 pended: Provided further, That advances for services au17 thorized by 22 U.S.C. 3620(c) may be credited to this ac18 count, to remain available until expended for such services:

19 Provided further, That in fiscal year 2001 and thereafter

20 reimbursements for services provided to the press in con21 nection with the travel of senior-level officials may be col22 lected and credited to this appropriation and shall remain

23 available until expended: Provided further, That no funds

24 may be obligated or expended for processing licenses for

25 the export of satellites of United States origin (including
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•HR 5548 IH1S

1 commercial satellites and satellite components) to the Peo2 ple’s Republic of China, unless, at least 15 days in ad3 vance, the Committees on Appropriations of the House of

4 Representatives and the Senate are notified of such pro5 posed action: Provided further, That of the amount made

6 available under this heading, $40,000,000 shall only be

7 available to implement the 1999 Pacific Salmon Treaty

8 Agreement, of which $10,000,000 shall be deposited in the

9 Northern Boundary and Transboundary Rivers Restora10 tion and Enhancement Fund, of which $10,000,000 shall

11 be deposited in the Southern Boundary Restoration and

12 Enhancement Fund, and of which $20,000,000 shall be

13 for a direct payment to the State of Washington for obli14 gations under the 1999 Pacific Salmon Treaty Agreement.

15 In addition, not to exceed $1,252,000 shall be derived

16 from fees collected from other executive agencies for lease

17 or use of facilities located at the International Center in

18 accordance with section 4 of the International Center Act,

19 as amended; in addition, as authorized by section 5 of such

20 Act, $490,000, to be derived from the reserve authorized

21 by that section, to be used for the purposes set out in

22 that section; in addition, as authorized by section 810 of

23 the United States Information and Educational Exchange

24 Act, not to exceed $6,000,000, to remain available until

25 expended, may be credited to this appropriation from fees
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1 or other payments received from English teaching, library,

2 motion pictures, and publication programs, and from fees

3 from educational advising and counseling, and exchange

4 visitor programs; and, in addition, not to exceed $15,000,

5 which shall be derived from reimbursements, surcharges,

6 and fees for use of Blair House facilities.

7 In addition, for the costs of worldwide security up8 grades, $410,000,000, to remain available until expended.

9 CAPITAL INVESTMENT FUND

10 For necessary expenses of the Capital Investment

11 Fund, $97,000,000, to remain available until expended,

12 as authorized: Provided, That section 135(e) of Public

13 Law 103–236 shall not apply to funds available under this

14 heading.

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector

17 General, $28,490,000, notwithstanding section 209(a)(1)

18 of the Foreign Service Act of 1980, as amended (Public

19 Law 96–465), as it relates to post inspections.

20 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

21 For expenses of educational and cultural exchange

22 programs, as authorized, $231,587,000, to remain avail23 able until expended: Provided, That not to exceed

24 $800,000, to remain available until expended, may be

25 credited to this appropriation from fees or other payments

26 received from or in connection with English teaching and
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•HR 5548 IH1S

1 educational advising and counseling programs as author2 ized.

3 REPRESENTATION ALLOWANCES

4 For representation allowances as authorized,

5 $6,499,000.

6 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

7 For expenses, not otherwise provided, to enable the

8 Secretary of State to provide for extraordinary protective

9 services, as authorized, $15,467,000, to remain available

10 until September 30, 2002: Provided, That, notwith11 standing the limitations of 3 U.S.C. 202(10) concerning

12 20 or more consulates, of the amount made available

13 under this heading, $5,000,000 shall be available only for

14 the reimbursement of costs incurred by the City of Seattle,

15 Washington.

16 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

17 For necessary expenses for carrying out the Foreign

18 Service Buildings Act of 1926, as amended (22 U.S.C.

19 292–300), preserving, maintaining, repairing, and plan20 ning for, buildings that are owned or directly leased by

21 the Department of State, renovating, in addition to funds

22 otherwise available, the Main State Building, and carrying

23 out the Diplomatic Security Construction Program as au24 thorized, $416,976,000, to remain available until ex25 pended as authorized, of which not to exceed $25,000 may

26 be used for domestic and overseas representation as au-
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•HR 5548 IH1S

1 thorized: Provided, That none of the funds appropriated

2 in this paragraph shall be available for acquisition of fur3 niture and furnishings and generators for other depart4 ments and agencies.

5 In addition, for the costs of worldwide security up6 grades, acquisition, and construction as authorized,

7 $663,000,000, to remain available until expended.

8 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

9 SERVICE

10 For expenses necessary to enable the Secretary of

11 State to meet unforeseen emergencies arising in the Diplo12 matic and Consular Service, $5,477,000, to remain avail13 able until expended as authorized, of which not to exceed

14 $1,000,000 may be transferred to and merged with the

15 Repatriation Loans Program Account, subject to the same

16 terms and conditions.

17 REPATRIATION LOANS PROGRAM ACCOUNT

18 For the cost of direct loans, $591,000, as authorized:

19 Provided, That such costs, including the cost of modifying

20 such loans, shall be as defined in section 502 of the Con21 gressional Budget Act of 1974. In addition, for adminis22 trative expenses necessary to carry out the direct loan pro23 gram, $604,000, which may be transferred to and merged

24 with the Diplomatic and Consular Programs account

25 under Administration of Foreign Affairs.
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1 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

2 For necessary expenses to carry out the Taiwan Rela3 tions Act, Public Law 96–8, $16,345,000.

4 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

5 DISABILITY FUND

6 For payment to the Foreign Service Retirement and

7 Disability Fund, as authorized by law, $131,224,000.

8 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

9 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

10 For expenses, not otherwise provided for, necessary

11 to meet annual obligations of membership in international

12 multilateral organizations, pursuant to treaties ratified

13 pursuant to the advice and consent of the Senate, conven14 tions or specific Acts of Congress, $870,833,000: Pro15 vided, That any payment of arrearages under this title

16 shall be directed toward special activities that are mutually

17 agreed upon by the United States and the respective inter18 national organization: Provided further, That none of the

19 funds appropriated in this paragraph shall be available for

20 a United States contribution to an international organiza21 tion for the United States share of interest costs made

22 known to the United States Government by such organiza23 tion for loans incurred on or after October 1, 1984,

24 through external borrowings: Provided further, That of the

25 funds appropriated in this paragraph, $100,000,000 may

26 be made available only pursuant to a certification by the
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1 Secretary of State that the United Nations has taken no

2 action in calendar year 2000 prior to the date of enact3 ment of this Act to increase funding for any United Na4 tions program without identifying an offsetting decrease

5 elsewhere in the United Nations budget and cause the

6 United Nations to exceed the budget for the biennium

7 2000–2001 of $2,535,700,000: Provided further, That if

8 the Secretary of State is unable to make the aforemen9 tioned certification, the $100,000,000 is to be applied to

10 paying the current year assessment for other international

11 organizations for which the assessment has not been paid

12 in full or to paying the assessment due in the next fiscal

13 year for such organizations, subject to the reprogramming

14 procedures contained in Section 605 of this Act: Provided

15 further, That funds appropriated under this paragraph

16 may be obligated and expended to pay the full United

17 States assessment to the civil budget of the North Atlantic

18 Treaty Organization.

19 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

20 ACTIVITIES

21 For necessary expenses to pay assessed and other ex22 penses of international peacekeeping activities directed to

23 the maintenance or restoration of international peace and

24 security, $846,000,000, of which 15 percent shall remain

25 available until September 30, 2002: Provided, That none

26 of the funds made available under this Act shall be obli-
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1 gated or expended for any new or expanded United Na2 tions peacekeeping mission unless, at least 15 days in ad3 vance of voting for the new or expanded mission in the

4 United Nations Security Council (or in an emergency, as

5 far in advance as is practicable): (1) the Committees on

6 Appropriations of the House of Representatives and the

7 Senate and other appropriate committees of the Congress

8 are notified of the estimated cost and length of the mis9 sion, the vital national interest that will be served, and

10 the planned exit strategy; and (2) a reprogramming of

11 funds pursuant to section 605 of this Act is submitted,

12 and the procedures therein followed, setting forth the

13 source of funds that will be used to pay for the cost of

14 the new or expanded mission: Provided further, That funds

15 shall be available for peacekeeping expenses only upon a

16 certification by the Secretary of State to the appropriate

17 committees of the Congress that American manufacturers

18 and suppliers are being given opportunities to provide

19 equipment, services, and material for United Nations

20 peacekeeping activities equal to those being given to for21 eign manufacturers and suppliers: Provided further, That

22 none of the funds made available under this heading are

23 available to pay the United States share of the cost of

24 court monitoring that is part of any United Nations peace25 keeping mission.
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1 INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for,

3 to meet obligations of the United States arising under

4 treaties, or specific Acts of Congress, as follows:

5 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

6 UNITED STATES AND MEXICO

7 For necessary expenses for the United States Section

8 of the International Boundary and Water Commission,

9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed

11 $6,000 for representation; as follows:

12 SALARIES AND EXPENSES

13 For salaries and expenses, not otherwise provided for,

14 $7,142,000.

15 CONSTRUCTION

16 For detailed plan preparation and construction of au17 thorized projects, $22,950,000, to remain available until

18 expended, as authorized.

19 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided for

21 the International Joint Commission and the International

22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Can24 ada or Great Britain, and for the Border Environment

25 Cooperation Commission as authorized by Public Law

26 103–182, $6,741,000, of which not to exceed $9,000 shall
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1 be available for representation expenses incurred by the

2 International Joint Commission.

3 INTERNATIONAL FISHERIES COMMISSIONS

4 For necessary expenses for international fisheries

5 commissions, not otherwise provided for, as authorized by

6 law, $19,392,000: Provided, That the United States’ share

7 of such expenses may be advanced to the respective com8 missions, pursuant to 31 U.S.C. 3324.

9 OTHER

10 PAYMENT TO THE ASIA FOUNDATION

11 For a grant to the Asia Foundation, as authorized

12 by section 501 of Public Law 101–246, $9,250,000, to

13 remain available until expended, as authorized.

14 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

15 FUND

16 For necessary expenses of Eisenhower Exchange Fel17 lowships, Incorporated, as authorized by sections 4 and

18 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

19 U.S.C. 5204–5205), all interest and earnings accruing to

20 the Eisenhower Exchange Fellowship Program Trust

21 Fund on or before September 30, 2001, to remain avail22 able until expended: Provided, That none of the funds ap23 propriated herein shall be used to pay any salary or other

24 compensation, or to enter into any contract providing for

25 the payment thereof, in excess of the rate authorized by

26 5 U.S.C. 5376; or for purposes which are not in accord-
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1 ance with OMB Circulars A–110 (Uniform Administrative

2 Requirements) and A–122 (Cost Principles for Non-profit

3 Organizations), including the restrictions on compensation

4 for personal services.

5 ISRAELI ARAB SCHOLARSHIP PROGRAM

6 For necessary expenses of the Israeli Arab Scholar7 ship Program as authorized by section 214 of the Foreign

8 Relations Authorization Act, Fiscal Years 1992 and 1993

9 (22 U.S.C. 2452), all interest and earnings accruing to

10 the Israeli Arab Scholarship Fund on or before September

11 30, 2001, to remain available until expended.

12 EAST-WEST CENTER

13 To enable the Secretary of State to provide for car14 rying out the provisions of the Center for Cultural and

15 Technical Interchange Between East and West Act of

16 1960, by grant to the Center for Cultural and Technical

17 Interchange Between East and West in the State of Ha18 waii, $13,500,000: Provided, That none of the funds ap19 propriated herein shall be used to pay any salary, or enter

20 into any contract providing for the payment thereof, in

21 excess of the rate authorized by 5 U.S.C. 5376.

22 NATIONAL ENDOWMENT FOR DEMOCRACY

23 For grants made by the Department of State to the

24 National Endowment for Democracy as authorized by the

25 National Endowment for Democracy Act, $30,999,000, to

26 remain available until expended.
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1 RELATED AGENCY

2 BROADCASTING BOARD OF GOVERNORS

3 INTERNATIONAL BROADCASTING OPERATIONS

4 For expenses necessary to enable the Broadcasting

5 Board of Governors, as authorized, to carry out inter6 national communication activities, $398,971,000, of which

7 not to exceed $16,000 may be used for official receptions

8 within the United States as authorized, not to exceed

9 $35,000 may be used for representation abroad as author10 ized, and not to exceed $39,000 may be used for official

11 reception and representation expenses of Radio Free Eu12 rope/Radio Liberty; and in addition, notwithstanding any

13 other provision of law, not to exceed $2,000,000 in re14 ceipts from advertising and revenue from business ven15 tures, not to exceed $500,000 in receipts from cooperating

16 international organizations, and not to exceed $1,000,000

17 in receipts from privatization efforts of the Voice of Amer18 ica and the International Broadcasting Bureau, to remain

19 available until expended for carrying out authorized pur20 poses.

21 BROADCASTING TO CUBA

22 For necessary expenses to enable the Broadcasting

23 Board of Governors to carry out broadcasting to Cuba,

24 including the purchase, rent, construction, and improve25 ment of facilities for radio and television transmission and

26 reception, and purchase and installation of necessary
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1 equipment for radio and television transmission and recep2 tion, $22,095,000, to remain available until expended.

3 BROADCASTING CAPITAL IMPROVEMENTS

4 For the purchase, rent, construction, and improve5 ment of facilities for radio transmission and reception, and

6 purchase and installation of necessary equipment for radio

7 and television transmission and reception as authorized,

8 $20,358,000, to remain available until expended, as au9 thorized.

10 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

11 RELATED AGENCY

12 SEC. 401. Funds appropriated under this title shall

13 be available, except as otherwise provided, for allowances

14 and differentials as authorized by subchapter 59 of title

15 5, United States Code; for services as authorized by 5

16 U.S.C. 3109; and hire of passenger transportation pursu17 ant to 31 U.S.C. 1343(b).

18 SEC. 402. Not to exceed 5 percent of any appropria19 tion made available for the current fiscal year for the De20 partment of State in this Act may be transferred between

21 such appropriations, but no such appropriation, except as

22 otherwise specifically provided, shall be increased by more

23 than 10 percent by any such transfers: Provided, That not

24 to exceed 5 percent of any appropriation made available

25 for the current fiscal year for the Broadcasting Board of

26 Governors in this Act may be transferred between such
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1 appropriations, but no such appropriation, except as oth2 erwise specifically provided, shall be increased by more

3 than 10 percent by any such transfers: Provided further,

4 That any transfer pursuant to this section shall be treated

5 as a reprogramming of funds under section 605 of this

6 Act and shall not be available for obligation or expenditure

7 except in compliance with the procedures set forth in that

8 section.

9 SEC. 403. None of the funds made available in this

10 Act may be used by the Department of State or the Broad11 casting Board of Governors to provide equipment, tech12 nical support, consulting services, or any other form of

13 assistance to the Palestinian Broadcasting Corporation.

14 SEC. 404. (a) Section 1(a)(2) of the State Depart15 ment Basic Authorities Act of 1956 (22 U.S.C.

16 2651a(a)(2)) is amended by striking ‘‘and the Deputy Sec17 retary of State’’ and inserting ‘‘, the Deputy Secretary of

18 State, and the Deputy Secretary of State for Management

19 and Resources’’.

20 (b) Section 5313 of title 5, United States Code, is

21 amended by inserting ‘‘Deputy Secretary of State for

22 Management and Resources.’’ after the item relating to

23 the ‘‘Deputy Secretary of State’’.

24 SEC. 405. None of the funds appropriated or other25 wise made available in this Act for the United Nations
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1 may be used by the United Nations for the promulgation

2 or enforcement of any treaty, resolution, or regulation au3 thorizing the United Nations, or any of its specialized

4 agencies or affiliated organizations, to tax any aspect of

5 the Internet.

6 SEC. 406. Notwithstanding any other provision of

7 law, none of the funds appropriated or otherwise made

8 available by this or any other Act may be used to allow

9 for the entry into, or withdrawal from warehouse for con10 sumption in the United States of diamonds if the country

11 of origin in which such diamonds were mined (as evi12 denced by a legible certificate of origin) is the Republic

13 of Sierra Leone, the Republic of Liberia, the Republic of

14 Cote d’Ivoire, Burkina Faso, the Democratic Republic of

15 the Congo, or the Republic of Angola with the exception

16 of diamonds certified by the lawful governments of the Re17 public of Sierra Leone, the Democratic Republic of the

18 Congo, or the Republic of Angola.

19 SEC. 407. Section 37(a)(3) of the State Department

20 Basic Authorities Act, as amended, (22 U.S.C. 2709) is

21 amended by—

22 (1) striking ‘‘and’’ at the end of subsection

23 (a)(3)(C); and

24 (2) by inserting at the end the following new

25 subsections:
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•HR 5548 IH1S

1 ‘‘(E) a departing Secretary of State for a

2 period of up to 180 days after the date of ter3 mination of that individual’s incumbency as

4 Secretary of State, on the basis of a threat as5 sessment; and

6 ‘‘(F) an individual who has been des7 ignated by the President to serve as Secretary

8 of State, prior to that individual’s appoint9 ment.’’.

10 SEC. 408. Funds appropriated by this Act for the

11 Broadcasting Board of Governors and the Department of

12 State, and for the American Section of the International

13 Joint Commission in Public Law 106–246, may be obli14 gated and expended notwithstanding section 313 of the

15 Foreign Relations Authorization Act, Fiscal Years 1994

16 and 1995, and section 15 of the State Department Basic

17 Authorities Act of 1956, as amended.

18 This title may be cited as the ‘‘Department of State

19 and Related Agency Appropriations Act, 2001’’.

20 TITLE V—RELATED AGENCIES

21 DEPARTMENT OF TRANSPORTATION

22 MARITIME ADMINISTRATION

23 MARITIME SECURITY PROGRAM

24 For necessary expenses to maintain and preserve a

25 U.S.-flag merchant fleet to serve the national security
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•HR 5548 IH1S

1 needs of the United States, $98,700,000, to remain avail2 able until expended.

3 OPERATIONS AND TRAINING

4 For necessary expenses of operations and training ac5 tivities authorized by law, $86,910,000.

6 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

7 ACCOUNT

8 For the cost of guaranteed loans, as authorized by

9 the Merchant Marine Act, 1936, $30,000,000, to remain

10 available until expended: Provided, That such costs, in11 cluding the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of

13 1974, as amended.

14 In addition, for administrative expenses to carry out

15 the guaranteed loan program, not to exceed $3,987,000,

16 which shall be transferred to and merged with the appro17 priation for Operations and Training.

18 ADMINISTRATIVE PROVISIONS—MARITIME

19 ADMINISTRATION

20 Notwithstanding any other provision of this Act, the

21 Maritime Administration is authorized to furnish utilities

22 and services and make necessary repairs in connection

23 with any lease, contract, or occupancy involving Govern24 ment property under control of the Maritime Administra25 tion, and payments received therefore shall be credited to

26 the appropriation charged with the cost thereof: Provided,
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1 That rental payments under any such lease, contract, or

2 occupancy for items other than such utilities, services, or

3 repairs shall be covered into the Treasury as miscellaneous

4 receipts.

5 No obligations shall be incurred during the current

6 fiscal year from the construction fund established by the

7 Merchant Marine Act, 1936, or otherwise, in excess of the

8 appropriations and limitations contained in this Act or in

9 any prior appropriation Act.

10 COMMISSION FOR THE PRESERVATION OF AMERICA’S

11 HERITAGE ABROAD

12 SALARIES AND EXPENSES

13 For expenses for the Commission for the Preservation

14 of America’s Heritage Abroad, $490,000, as authorized by

15 section 1303 of Public Law 99–83.

16 COMMISSION ON CIVIL RIGHTS

17 SALARIES AND EXPENSES

18 For necessary expenses of the Commission on Civil

19 Rights, including hire of passenger motor vehicles,

20 $8,900,000: Provided, That not to exceed $50,000 may

21 be used to employ consultants: Provided further, That

22 none of the funds appropriated in this paragraph shall be

23 used to employ in excess of four full-time individuals under

24 Schedule C of the Excepted Service exclusive of one special

25 assistant for each Commissioner: Provided further, That
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1 none of the funds appropriated in this paragraph shall be

2 used to reimburse Commissioners for more than 75

3 billable days, with the exception of the chairperson, who

4 is permitted 125 billable days.

5 COMMISSION ON OCEAN POLICY

6 SALARIES AND EXPENSES

7 For the necessary expenses of the Commission on

8 Ocean Policy, pursuant to S. 2327 as passed the Senate,

9 $1,000,000, to remain available until expended: Provided,

10 That the Commission shall present to the Congress within

11 18 months of appointment its recommendations for a na12 tional ocean policy.

13 COMMISSION ON SECURITY AND COOPERATION IN

14 EUROPE

15 SALARIES AND EXPENSES

16 For necessary expenses of the Commission on Secu17 rity and Cooperation in Europe, as authorized by Public

18 Law 94–304, $1,370,000, to remain available until ex19 pended as authorized by section 3 of Public Law 99–7.

20 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

21 PEOPLE’S REPUBLIC OF CHINA

22 SALARIES AND EXPENSES

23 For necessary expenses of the Congressional-Execu24 tive Commission on the People’s Republic of China, as au25 thorized, $500,000, to remain available until expended.
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1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Equal Employment

4 Opportunity Commission as authorized by title VII of the

5 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

6 and 621–634), the Americans with Disabilities Act of

7 1990, and the Civil Rights Act of 1991, including services

8 as authorized by 5 U.S.C. 3109; hire of passenger motor

9 vehicles as authorized by 31 U.S.C. 1343(b); non-mone10 tary awards to private citizens; and not to exceed

11 $30,000,000 for payments to State and local enforcement

12 agencies for services to the Commission pursuant to title

13 VII of the Civil Rights Act of 1964, as amended, sections

14 6 and 14 of the Age Discrimination in Employment Act,

15 the Americans with Disabilities Act of 1990, and the Civil

16 Rights Act of 1991, $303,864,000: Provided, That the

17 Commission is authorized to make available for official re18 ception and representation expenses not to exceed $2,500

19 from available funds.

20 FEDERAL COMMUNICATIONS COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Communica23 tions Commission, as authorized by law, including uni24 forms and allowances therefor, as authorized by 5 U.S.C.

25 5901–5902; not to exceed $600,000 for land and struc-
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1 ture; not to exceed $500,000 for improvement and care

2 of grounds and repair to buildings; not to exceed $4,000

3 for official reception and representation expenses; pur4 chase (not to exceed 16) and hire of motor vehicles; special

5 counsel fees; and services as authorized by 5 U.S.C. 3109,

6 $230,000,000, of which not to exceed $300,000 shall re7 main available until September 30, 2002, for research and

8 policy studies: Provided, That $200,146,000 of offsetting

9 collections shall be assessed and collected pursuant to sec10 tion 9 of title I of the Communications Act of 1934, as

11 amended, and shall be retained and used for necessary ex12 penses in this appropriation, and shall remain available

13 until expended: Provided further, That the sum herein ap14 propriated shall be reduced as such offsetting collections

15 are received during fiscal year 2001 so as to result in a

16 final fiscal year 2001 appropriation estimated at

17 $29,854,000: Provided further, That any offsetting collec18 tions received in excess of $200,146,000 in fiscal year

19 2001 shall remain available until expended, but shall not

20 be available for obligation until October 1, 2001.

21 FEDERAL MARITIME COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Maritime

24 Commission as authorized by section 201(d) of the Mer25 chant Marine Act, 1936, as amended (46 U.S.C. App.
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•HR 5548 IH1S

1 1111), including services as authorized by 5 U.S.C. 3109;

2 hire of passenger motor vehicles as authorized by 31

3 U.S.C. 1343(b); and uniforms or allowances therefor, as

4 authorized by 5 U.S.C. 5901–5902, $15,500,000: Pro5 vided, That not to exceed $2,000 shall be available for offi6 cial reception and representation expenses.

7 FEDERAL TRADE COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Trade Com10 mission, including uniforms or allowances therefor, as au11 thorized by 5 U.S.C. 5901–5902; services as authorized

12 by 5 U.S.C. 3109; hire of passenger motor vehicles; not

13 to exceed $2,000 for official reception and representation

14 expenses, $145,254,000: Provided, That not to exceed

15 $300,000 shall be available for use to contract with a per16 son or persons for collection services in accordance with

17 the terms of 31 U.S.C. 3718, as amended: Provided fur18 ther, That, notwithstanding section 3302(b) of title 31,

19 United States Code, not to exceed $145,254,000 of offset20 ting collections derived from fees collected for premerger

21 notification filings under the Hart-Scott-Rodino Antitrust

22 Improvements Act of 1976 (15 U.S.C. 18(a)) shall be re23 tained and used for necessary expenses in this appropria24 tion, and shall remain available until expended: Provided

25 further, That the sum herein appropriated from the gen-
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•HR 5548 IH1S

1 eral fund shall be reduced as such offsetting collections

2 are received during fiscal year 2001, so as to result in

3 a final fiscal year 2001 appropriation from the general

4 fund estimated at not more than $0, to remain available

5 until expended: Provided further, That none of the funds

6 made available to the Federal Trade Commission shall be

7 available for obligation for expenses authorized by section

8 151 of the Federal Deposit Insurance Corporation Im9 provement Act of 1991 (Public Law 102–242; 105 Stat.

10 2282–2285).

11 LEGAL SERVICES CORPORATION

12 PAYMENT TO THE LEGAL SERVICES CORPORATION

13 For payment to the Legal Services Corporation to

14 carry out the purposes of the Legal Services Corporation

15 Act of 1974, as amended, $330,000,000, of which

16 $310,000,000 is for basic field programs and required

17 independent audits; $2,200,000 is for the Office of Inspec18 tor General, of which such amounts as may be necessary

19 may be used to conduct additional audits of recipients;

20 $10,800,000 is for management and administration; and

21 $7,000,000 is for client self-help and information tech22 nology.

23 ADMINISTRATIVE PROVISION—LEGAL SERVICES

24 CORPORATION

25 None of the funds appropriated in this Act to the

26 Legal Services Corporation shall be expended for any pur-
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•HR 5548 IH1S

1 pose prohibited or limited by, or contrary to any of the

2 provisions of, sections 501, 502, 503, 504, 505, and 506

3 of Public Law 105–119, and all funds appropriated in this

4 Act to the Legal Services Corporation shall be subject to

5 the same terms and conditions set forth in such sections,

6 except that all references in sections 502 and 503 to 1997

7 and 1998 shall be deemed to refer instead to 2000 and

8 2001, respectively.

9 MARINE MAMMAL COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Marine Mammal Com12 mission as authorized by title II of Public Law 92–522,

13 as amended, $1,700,000.

14 SECURITIES AND EXCHANGE COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses for the Securities and Ex17 change Commission, including services as authorized by

18 5 U.S.C. 3109, the rental of space (to include multiple

19 year leases) in the District of Columbia and elsewhere, and

20 not to exceed $3,000 for official reception and representa21 tion expenses, $127,800,000 from fees collected in fiscal

22 year 2001 to remain available until expended, and from

23 fees collected in fiscal year 1999, $295,000,000, to remain

24 available until expended; of which not to exceed $10,000

25 may be used toward funding a permanent secretariat for
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1 the International Organization of Securities Commissions;

2 and of which not to exceed $100,000 shall be available

3 for expenses for consultations and meetings hosted by the

4 Commission with foreign governmental and other regu5 latory officials, members of their delegations, appropriate

6 representatives and staff to exchange views concerning de7 velopments relating to securities matters, development and

8 implementation of cooperation agreements concerning se9 curities matters and provision of technical assistance for

10 the development of foreign securities markets, such ex11 penses to include necessary logistic and administrative ex12 penses and the expenses of Commission staff and foreign

13 invitees in attendance at such consultations and meetings

14 including: (1) such incidental expenses as meals taken in

15 the course of such attendance; (2) any travel and trans16 portation to or from such meetings; and (3) any other re17 lated lodging or subsistence: Provided, That fees and

18 charges authorized by sections 6(b)(4) of the Securities

19 Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Secu20 rities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be

21 credited to this account as offsetting collections.

22 SMALL BUSINESS ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses, not otherwise provided for,

25 of the Small Business Administration as authorized by
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•HR 5548 IH1S

1 Public Law 105–135, including hire of passenger motor

2 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

3 not to exceed $3,500 for official reception and representa4 tion expenses, $331,635,000: Provided, That the Adminis5 trator is authorized to charge fees to cover the cost of pub6 lications developed by the Small Business Administration,

7 and certain loan servicing activities: Provided further,

8 That, notwithstanding 31 U.S.C. 3302, revenues received

9 from all such activities shall be credited to this account,

10 to be available for carrying out these purposes without fur11 ther appropriations: Provided further, That $88,000,000

12 shall be available to fund grants for performance in fiscal

13 year 2001 or fiscal year 2002 as authorized by section

14 21 of the Small Business Act, as amended: Provided fur15 ther, That, of the funds made available under this heading,

16 $4,000,000 shall be for the National Veterans Business

17 Development Corporation established under section 33(a)

18 of the Small Business Act (15 U.S.C. 657c).

19 In addition, for the costs of programs related to the

20 New Markets Venture Capital Program, $37,000,000, of

21 which $7,000,000 shall be for BusinessLINC, and of

22 which $30,000,000 shall be for technical assistance: Pro23 vided, That the funds appropriated under this paragraph

24 shall not be available for obligation until the New Markets
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1 Venture Capital Program is authorized by subsequent leg2 islation.

3 In addition, to reimburse the Small Business Admin4 istration for qualified expenses of delinquent non-tax debt

5 collection, to be derived from increased agency collections

6 of delinquent debt, 5 percent of such collections but not

7 to exceed $3,000,000.

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector

10 General in carrying out the provisions of the Inspector

11 General Act of 1978, as amended (5 U.S.C. App.),

12 $11,953,000.

13 BUSINESS LOANS PROGRAM ACCOUNT

14 For the cost of direct loans, $2,250,000, to be avail15 able until expended; and for the cost of guaranteed loans,

16 $163,160,000, as authorized by 15 U.S.C. 631 note, of

17 which $45,000,000 shall remain available until September

18 30, 2002: Provided, That of the total provided,

19 $22,000,000 shall be available only for the costs of guar20 anteed loans under the New Markets Venture Capital pro21 gram and shall become available for obligation only upon

22 authorization of such program by the enactment of subse23 quent legislation in fiscal year 2001: Provided further,

24 That such costs, including the cost of modifying such

25 loans, shall be as defined in section 502 of the Congres26 sional Budget Act of 1974, as amended: Provided further,
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•HR 5548 IH1S

1 That during fiscal year 2001, commitments to guarantee

2 loans under section 503 of the Small Business Investment

3 Act of 1958, as amended, shall not exceed

4 $3,750,000,000: Provided further, That during fiscal year

5 2001, commitments for general business loans authorized

6 under section 7(a) of the Small Business Act, as amended,

7 shall not exceed $10,000,000,000 without prior notifica8 tion of the Committees on Appropriations of the House

9 of Representatives and Senate in accordance with section

10 605 of this Act: Provided further, That during fiscal year

11 2001, commitments to guarantee loans under section

12 303(b) of the Small Business Investment Act of 1958, as

13 amended, shall not exceed $500,000,000.

14 In addition, for administrative expenses to carry out

15 the direct and guaranteed loan programs, $129,000,000,

16 which may be transferred to and merged with the appro17 priations for Salaries and Expenses.

18 DISASTER LOANS PROGRAM ACCOUNT

19 For the cost of direct loans authorized by section 7(b)

20 of the Small Business Act, as amended, $76,140,000, to

21 remain available until expended: Provided, That such

22 costs, including the cost of modifying such loans, shall be

23 as defined in section 502 of the Congressional Budget Act

24 of 1974, as amended.

25 In addition, for administrative expenses to carry out

26 the direct loan program, $108,354,000, which may be
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•HR 5548 IH1S

1 transferred to and merged with appropriations for Salaries

2 and Expenses, of which $500,000 is for the Office of In3 spector General of the Small Business Administration for

4 audits and reviews of disaster loans and the disaster loan

5 program and shall be transferred to and merged with ap6 propriations for the Office of Inspector General; of which

7 $98,000,000 is for direct administrative expenses of loan

8 making and servicing to carry out the direct loan program;

9 and of which $9,854,000 is for indirect administrative ex10 penses: Provided, That any amount in excess of

11 $9,854,000 to be transferred to and merged with appro12 priations for Salaries and Expenses for indirect adminis13 trative expenses shall be treated as a reprogramming of

14 funds under section 605 of this Act and shall not be avail15 able for obligation or expenditure except in compliance

16 with the procedures set forth in that section.

17 ADMINISTRATIVE PROVISION—SMALL BUSINESS

18 ADMINISTRATION

19 Not to exceed 5 percent of any appropriation made

20 available for the current fiscal year for the Small Business

21 Administration in this Act may be transferred between

22 such appropriations, but no such appropriation shall be

23 increased by more than 10 percent by any such transfers:

24 Provided, That any transfer pursuant to this paragraph

25 shall be treated as a reprogramming of funds under sec26 tion 605 of this Act and shall not be available for obliga-
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1 tion or expenditure except in compliance with the proce2 dures set forth in that section.

3 STATE JUSTICE INSTITUTE

4 SALARIES AND EXPENSES

5 For necessary expenses of the State Justice Institute,

6 as authorized by the State Justice Institute Authorization

7 Act of 1992 (Public Law 102–572; 106 Stat. 4515–4516),

8 $6,850,000, to remain available until expended: Provided,

9 That not to exceed $2,500 shall be available for official

10 reception and representation expenses.

11 TITLE VI—GENERAL PROVISIONS

12 SEC. 601. No part of any appropriation contained in

13 this Act shall be used for publicity or propaganda purposes

14 not authorized by the Congress.

15 SEC. 602. No part of any appropriation contained in

16 this Act shall remain available for obligation beyond the

17 current fiscal year unless expressly so provided herein.

18 SEC. 603. The expenditure of any appropriation

19 under this Act for any consulting service through procure20 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

21 to those contracts where such expenditures are a matter

22 of public record and available for public inspection, except

23 where otherwise provided under existing law, or under ex24 isting Executive order issued pursuant to existing law.
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1 SEC. 604. If any provision of this Act or the applica2 tion of such provision to any person or circumstances shall

3 be held invalid, the remainder of the Act and the applica4 tion of each provision to persons or circumstances other

5 than those as to which it is held invalid shall not be af6 fected thereby.

7 SEC. 605. (a) None of the funds provided under this

8 Act, or provided under previous appropriations Acts to the

9 agencies funded by this Act that remain available for obli10 gation or expenditure in fiscal year 2001, or provided from

11 any accounts in the Treasury of the United States derived

12 by the collection of fees available to the agencies funded

13 by this Act, shall be available for obligation or expenditure

14 through a reprogramming of funds which: (1) creates new

15 programs; (2) eliminates a program, project, or activity;

16 (3) increases funds or personnel by any means for any

17 project or activity for which funds have been denied or

18 restricted; (4) relocates an office or employees; (5) reorga19 nizes offices, programs, or activities; or (6) contracts out

20 or privatizes any functions, or activities presently per21 formed by Federal employees; unless the Appropriations

22 Committees of both Houses of Congress are notified 15

23 days in advance of such reprogramming of funds.

24 (b) None of the funds provided under this Act, or

25 provided under previous appropriations Acts to the agen-
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•HR 5548 IH1S

1 cies funded by this Act that remain available for obligation

2 or expenditure in fiscal year 2001, or provided from any

3 accounts in the Treasury of the United States derived by

4 the collection of fees available to the agencies funded by

5 this Act, shall be available for obligation or expenditure

6 for activities, programs, or projects through a reprogram7 ming of funds in excess of $500,000 or 10 percent, which8 ever is less, that: (1) augments existing programs,

9 projects, or activities; (2) reduces by 10 percent funding

10 for any existing program, project, or activity, or numbers

11 of personnel by 10 percent as approved by Congress; or

12 (3) results from any general savings from a reduction in

13 personnel which would result in a change in existing pro14 grams, activities, or projects as approved by Congress; un15 less the Appropriations Committees of both Houses of

16 Congress are notified 15 days in advance of such re17 programming of funds.

18 SEC. 606. None of the funds made available in this

19 Act may be used for the construction, repair (other than

20 emergency repair), overhaul, conversion, or modernization

21 of vessels for the National Oceanic and Atmospheric Ad22 ministration in shipyards located outside of the United

23 States.

24 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

25 EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
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1 gress that, to the greatest extent practicable, all equip2 ment and products purchased with funds made available

3 in this Act should be American-made.

4 (b) NOTICE REQUIREMENT.—In providing financial

5 assistance to, or entering into any contract with, any enti6 ty using funds made available in this Act, the head of each

7 Federal agency, to the greatest extent practicable, shall

8 provide to such entity a notice describing the statement

9 made in subsection (a) by the Congress.

10 (c) PROHIBITION OF CONTRACTS WITH PERSONS

11 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

12 If it has been finally determined by a court or Federal

13 agency that any person intentionally affixed a label bear14 ing a ‘‘Made in America’’ inscription, or any inscription

15 with the same meaning, to any product sold in or shipped

16 to the United States that is not made in the United

17 States, the person shall be ineligible to receive any con18 tract or subcontract made with funds made available in

19 this Act, pursuant to the debarment, suspension, and ineli20 gibility procedures described in sections 9.400 through

21 9.409 of title 48, Code of Federal Regulations.

22 SEC. 608. None of the funds made available in this

23 Act may be used to implement, administer, or enforce any

24 guidelines of the Equal Employment Opportunity Com25 mission covering harassment based on religion, when it is
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•HR 5548 IH1S

1 made known to the Federal entity or official to which such

2 funds are made available that such guidelines do not differ

3 in any respect from the proposed guidelines published by

4 the Commission on October 1, 1993 (58 Fed. Reg.

5 51266).

6 SEC. 609. None of the funds made available by this

7 Act may be used for any United Nations undertaking

8 when it is made known to the Federal official having au9 thority to obligate or expend such funds: (1) that the

10 United Nations undertaking is a peacekeeping mission; (2)

11 that such undertaking will involve United States Armed

12 Forces under the command or operational control of a for13 eign national; and (3) that the President’s military advi14 sors have not submitted to the President a recommenda15 tion that such involvement is in the national security inter16 ests of the United States and the President has not sub17 mitted to the Congress such a recommendation.

18 SEC. 610. (a) None of the funds appropriated or oth19 erwise made available by this Act shall be expended for

20 any purpose for which appropriations are prohibited by

21 section 609 of the Departments of Commerce, Justice, and

22 State, the Judiciary, and Related Agencies Appropriations

23 Act, 1999.
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1 (b) The requirements in subparagraphs (A) and (B)

2 of section 609 of that Act shall continue to apply during

3 fiscal year 2001.

4 SEC. 611. None of the funds made available in this

5 Act shall be used to provide the following amenities or per6 sonal comforts in the Federal prison system—

7 (1) in-cell television viewing except for prisoners

8 who are segregated from the general prison popu9 lation for their own safety;

10 (2) the viewing of R, X, and NC–17 rated mov11 ies, through whatever medium presented;

12 (3) any instruction (live or through broadcasts)

13 or training equipment for boxing, wrestling, judo,

14 karate, or other martial art, or any bodybuilding or

15 weightlifting equipment of any sort;

16 (4) possession of in-cell coffee pots, hot plates

17 or heating elements; or

18 (5) the use or possession of any electric or elec19 tronic musical instrument.

20 SEC. 612. None of the funds made available in title

21 II for the National Oceanic and Atmospheric Administra22 tion (NOAA) under the headings ‘‘Operations, Research,

23 and Facilities’’ and ‘‘Procurement, Acquisition and Con24 struction’’ may be used to implement sections 603, 604,

25 and 605 of Public Law 102–567: Provided, That NOAA
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1 may develop a modernization plan for its fisheries research

2 vessels that takes fully into account opportunities for con3 tracting for fisheries surveys.

4 SEC. 613. Any costs incurred by a department or

5 agency funded under this Act resulting from personnel ac6 tions taken in response to funding reductions included in

7 this Act shall be absorbed within the total budgetary re8 sources available to such department or agency: Provided,

9 That the authority to transfer funds between appropria10 tions accounts as may be necessary to carry out this sec11 tion is provided in addition to authorities included else12 where in this Act: Provided further, That use of funds to

13 carry out this section shall be treated as a reprogramming

14 of funds under section 605 of this Act and shall not be

15 available for obligation or expenditure except in compli16 ance with the procedures set forth in that section.

17 SEC. 614. Hereafter, none of the funds made avail18 able in this Act to the Federal Bureau of Prisons may

19 be used to distribute or make available any commercially

20 published information or material to a prisoner when it

21 is made known to the Federal official having authority to

22 obligate or expend such funds that such information or

23 material is sexually explicit or features nudity.

24 SEC. 615. Of the funds appropriated in this Act

25 under the heading ‘‘Office of Justice Programs—State
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1 and Local Law Enforcement Assistance’’, not more than

2 90 percent of the amount to be awarded to an entity under

3 the Local Law Enforcement Block Grant shall be made

4 available to such an entity when it is made known to the

5 Federal official having authority to obligate or expend

6 such funds that the entity that employs a public safety

7 officer (as such term is defined in section 1204 of title

8 I of the Omnibus Crime Control and Safe Streets Act of

9 1968) does not provide such a public safety officer who

10 retires or is separated from service due to injury suffered

11 as the direct and proximate result of a personal injury

12 sustained in the line of duty while responding to an emer13 gency situation or a hot pursuit (as such terms are defined

14 by State law) with the same or better level of health insur15 ance benefits at the time of retirement or separation as

16 they received while on duty.

17 SEC. 616. None of the funds provided by this Act

18 shall be available to promote the sale or export of tobacco

19 or tobacco products, or to seek the reduction or removal

20 by any foreign country of restrictions on the marketing

21 of tobacco or tobacco products, except for restrictions

22 which are not applied equally to all tobacco or tobacco

23 products of the same type.

24 SEC. 617. (a) None of the funds appropriated or oth25 erwise made available by this Act shall be expended for
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•HR 5548 IH1S

1 any purpose for which appropriations are prohibited by

2 section 616 of the Departments of Commerce, Justice, and

3 State, the Judiciary, and Related Agencies Appropriations

4 Act, 1999, as amended.

5 (b) Subsection (a)(1) of section 616 of that Act, as

6 amended, is further amended—

7 (1) by striking ‘‘and’’ after ‘‘Toussaint,’’; and

8 (2) by inserting before the semicolon at the end

9 of the subsection, ‘‘, Jean Leopold Dominique, Jean10 Claude Louissaint, Legitime Athis and his wife,

11 Christa Joseph Athis, Jean-Michel Olophene, Claudy

12 Myrthil, Merilus Deus, and Ferdinand Dorvil’’.

13 (c) The requirements in subsections (b) and (c) of

14 section 616 of that Act shall continue to apply during fis15 cal year 2001.

16 SEC. 618. None of the funds appropriated pursuant

17 to this Act or any other provision of law may be used for:

18 (1) the implementation of any tax or fee in connection

19 with the implementation of 18 U.S.C. 922(t); and (2) any

20 system to implement 18 U.S.C. 922(t) that does not re21 quire and result in the destruction of any identifying infor22 mation submitted by or on behalf of any person who has

23 been determined not to be prohibited from owning a fire24 arm.
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1 SEC. 619. Notwithstanding any other provision of

2 law, amounts deposited or available in the Fund estab3 lished under 42 U.S.C. 10601 in any fiscal year in excess

4 of $537,500,000 shall not be available for obligation until

5 the following fiscal year.

6 SEC. 620. None of the funds made available to the

7 Department of Justice in this Act may be used to discrimi8 nate against or denigrate the religious or moral beliefs of

9 students who participate in programs for which financial

10 assistance is provided from those funds, or of the parents

11 or legal guardians of such students.

12 SEC. 621. None of the funds appropriated in this Act

13 shall be available for the purpose of granting either immi14 grant or nonimmigrant visas, or both, consistent with the

15 Secretary’s determination under section 243(d) of the Im16 migration and Nationality Act, to citizens, subjects, na17 tionals, or residents of countries that the Attorney General

18 has determined deny or unreasonably delay accepting the

19 return of citizens, subjects, nationals, or residents under

20 that section.

21 SEC. 622. None of the funds made available to the

22 Department of Justice in this Act may be used for the

23 purpose of transporting an individual who is a prisoner

24 pursuant to conviction for crime under State or Federal

25 law and is classified as a maximum or high security pris-
134

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1 oner, other than to a prison or other facility certified by

2 the Federal Bureau of Prisons as appropriately secure for

3 housing such a prisoner.

4 SEC. 623. None of the funds appropriated by this Act

5 shall be used to propose or issue rules, regulations, de6 crees, or orders for the purpose of implementation, or in

7 preparation for implementation, of the Kyoto Protocol

8 which was adopted on December 11, 1997, in Kyoto,

9 Japan, at the Third Conference of the Parties to the

10 United Nations Framework Convention on Climate

11 Change, which has not been submitted to the Senate for

12 advice and consent to ratification pursuant to article II,

13 section 2, clause 2, of the United States Constitution, and

14 which has not entered into force pursuant to article 25

15 of the Protocol.

16 SEC. 624. Beginning 60 days from the date of the

17 enactment of this Act, none of the funds appropriated or

18 otherwise made available by this Act may be made avail19 able for the participation by delegates of the United States

20 to the Standing Consultative Commission unless the Presi21 dent certifies and so reports to the Committees on Appro22 priations that the United States Government is not imple23 menting the Memorandum of Understanding Relating to

24 the Treaty Between the United States of America and the

25 Union of Soviet Socialist Republics on the limitation of
135

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1 Anti-Ballistic Missile Systems of May 26, 1972, entered

2 into in New York on September 26, 1997, by the United

3 States, Russia, Kazakhstan, Belarus, and Ukraine, or

4 until the Senate provides its advice and consent to the

5 Memorandum of Understanding.

6 SEC. 625. None of the funds appropriated in this Act

7 may be available to the Department of State to approve

8 the purchase of property in Arlington, Virginia by the

9 Xinhua News Agency.

10 SEC. 626. Title 18, section 4006(b)(1) is amended

11 by inserting, ‘‘, the Federal Bureau of Investigation’’ after

12 ‘‘United States Marshals Service’’.

13 SEC. 627. Section 3022 of the 1999 Emergency Sup14 plemental Appropriations Act (113 Stat. 100) is amended

15 by striking ‘‘between the date of enactment of this Act

16 and October 1, 2000,’’.

17 SEC. 628. Section 623 of H.R. 3421 (the Depart18 ments of Commerce, Justice, and State, the Judiciary, and

19 Related Agencies Appropriations Act, 2000 (16 U.S.C.

20 3645)), as enacted into law by section 1000(a)(1) of Pub21 lic Law 106–113 (113 Stat. 1535), is amended—

22 (a) in subsection (a)(1) by striking ‘‘The North23 ern Fund and Southern Fund shall each receive

24 $10,000,000 of the amounts authorized by this sec25 tion.’’;
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1 (b) by striking subsection (d) and inserting in

2 lieu thereof the following new subsection:

3 ‘‘(d)(1) PACIFIC SALMON TREATY.—

4 ‘‘(A) For capitalizing the Northern Fund there

5 is authorized to be appropriated in fiscal years 2000,

6 2001, 2002, and 2003 a total of $75,000,000.

7 ‘‘(B) For capitalizing the Southern Fund there

8 is authorized to be appropriated in fiscal years 2000,

9 2001, 2002, and 2003 a total of $65,000,000.

10 ‘‘(C) To provide economic adjustment assist11 ance to fishermen pursuant to the 1999 Pacific

12 Salmon Treaty Agreement, there is authorized to be

13 appropriated in fiscal years 2000, 2001, and 2002

14 a total of $30,000,000.

15 ‘‘(2) PACIFIC COASTAL SALMON RECOVERY.—

16 ‘‘(A) For salmon habitat restoration, salmon

17 stock enhancement, and salmon research, including

18 the construction of salmon research and related fa19 cilities, there is authorized to be appropriated for

20 each of fiscal years 2000, 2001, 2002, and 2003,

21 $90,000,000 to the States of Alaska, Washington,

22 Oregon, and California. Amounts appropriated pur23 suant to this subparagraph shall be made available

24 as direct payments. The State of Alaska may allo-
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1 cate a portion of any funds it receives under this

2 subsection to eligible activities outside Alaska.

3 ‘‘(B) For salmon habitat restoration, salmon

4 stock enhancement, salmon research, and sup5 plementation activities, there is authorized to be ap6 propriated in each of fiscal years 2000, 2001, 2002,

7 and 2003, $10,000,000 to be divided between the

8 Pacific Coastal tribes (as defined by the Secretary of

9 Commerce) and the Columbia River tribes (as de10 fined by the Secretary of Commerce).’’.

11 SEC. 629. Section 3(3) of the Interstate Horseracing

12 Act of 1978 (15 U.S.C. 3002(3)) is amended by inserting

13 ‘‘and includes pari-mutuel wagers, where lawful in each

14 State involved, placed or transmitted by an individual in

15 one State via telephone or other electronic media and ac16 cepted by an off-track betting system in the same or an17 other State, as well as the combination of any pari-mutuel

18 wagering pools’’ after ‘‘another State’’.

19 SEC. 630. (a) Section 7A(a) of the Clayton Act (15

20 U.S.C. 18a(a)) is amended to read as follows:

21 ‘‘(a) Except as exempted pursuant to subsection (c),

22 no person shall acquire, directly or indirectly, any voting

23 securities or assets of any other person, unless both per24 sons (or in the case of a tender offer, the acquiring person)

25 file notification pursuant to rules under subsection (d)(1)
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1 and the waiting period described in subsection (b)(1) has

2 expired, if—

3 ‘‘(1) the acquiring person, or the person whose

4 voting securities or assets are being acquired, is en5 gaged in commerce or in any activity affecting com6 merce; and

7 ‘‘(2) as a result of such acquisition, the acquir8 ing person would hold an aggregate total amount of

9 the voting securities and assets of the acquired

10 person—

11 ‘‘(A) in excess of $200,000,000 (as ad12 justed and published for each fiscal year begin13 ning after September 30, 2004, in the same

14 manner as provided in section 8(a)(5) to reflect

15 the percentage change in the gross national

16 product for such fiscal year compared to the

17 gross national product for the year ending Sep18 tember 30, 2003); or

19 ‘‘(B)(i) in excess of $50,000,000 (as so ad20 justed and published) but not in excess of

21 $200,000,000 (as so adjusted and published);

22 and

23 ‘‘(ii)(I) any voting securities or assets of a

24 person engaged in manufacturing which has an25 nual net sales or total assets of $10,000,000
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1 (as so adjusted and published) or more are

2 being acquired by any person which has total

3 assets or annual net sales of $100,000,000 (as

4 so adjusted and published) or more;

5 ‘‘(II) any voting securities or assets of a

6 person not engaged in manufacturing which has

7 total assets of $10,000,000 (as so adjusted and

8 published) or more are being acquired by any

9 person which has total assets or annual net

10 sales of $100,000,000 (as so adjusted and pub11 lished) or more; or

12 ‘‘(III) any voting securities or assets of a

13 person with annual net sales or total assets of

14 $100,000,000 (as so adjusted and published) or

15 more are being acquired by any person with

16 total assets or annual net sales of $10,000,000

17 (as so adjusted and published) or more.

18 In the case of a tender offer, the person whose voting secu19 rities are sought to be acquired by a person required to

20 file notification under this subsection shall file notification

21 pursuant to rules under subsection (d).’’.

22 (b) Section 605 of title VI of Public Law 101–162

23 (15 U.S.C. 18a note) is amended—

24 (1) by inserting ‘‘(a)’’ after ‘‘SEC. 605.’’,

25 (2) in the 1st sentence—
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1 (A) by striking ‘‘at $45,000’’ and inserting

2 ‘‘in subsection (b)’’, and

3 (B) by striking ‘‘Hart-Scott-Rodino Anti4 trust Improvements Act of 1976’’ and inserting

5 ‘‘section 7A of the Clayton Act’’, and

6 (3) by adding at the end the following:

7 ‘‘(b) The filing fees referred to in subsection (a)

8 are—

9 ‘‘(1) $45,000 if the aggregate total amount de10 termined under section 7A(a)(2) of the Clayton Act

11 (15 U.S.C. 18a(a)(2)) is less than $100,000,000 (as

12 adjusted and published for each fiscal year begin13 ning after September 30, 2004, in the same manner

14 as provided in section 8(a)(5) of the Clayton Act (15

15 U.S.C. 19(a)(5)) to reflect the percentage change in

16 the gross national product for such fiscal year com17 pared to the gross national product for the year end18 ing September 30, 2003);

19 ‘‘(2) $125,000 if the aggregate total amount

20 determined under section 7A(a)(2) of the Clayton

21 Act (15 U.S.C. 18a(a)(2)) is not less than

22 $100,000,000 (as so adjusted and published) but

23 less than $500,000,000 (as so adjusted and pub24 lished); and
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•HR 5548 IH1S

1 ‘‘(3) $280,000 if the aggregate total amount

2 determined under section 7A(a)(2) of the Clayton

3 Act (15 U.S.C. 18a(a)(2)) is not less than

4 $500,000,000 (as so adjusted and published).’’,

5 (4) by striking ‘‘States.’’ and inserting

6 ‘‘States’’, and

7 (5) by adding a period at the end.

8 (c) Section 7A(e)(1) of the Clayton Act (15 U.S.C.

9 18a(e)(1)) is amended)—

10 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’, and

11 (2) by inserting at the end the following:

12 ‘‘(B)(i) The Assistant Attorney General and the Fed13 eral Trade Commission shall each designate a senior offi14 cial who does not have direct responsibility for the review

15 of any enforcement recommendation under this section

16 concerning the transaction at issue, to hear any petition

17 filed by such person to determine—

18 ‘‘(I) whether the request for additional informa19 tion or documentary material is unreasonably cumu20 lative, unduly burdensome, or duplicative; or

21 ‘‘(II) whether the request for additional infor22 mation or documentary material has been substan23 tially complied with by the petitioning person.

24 ‘‘(ii) Internal review procedures for petitions filed

25 pursuant to clause (i) shall include reasonable deadlines
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1 for expedited review of such petitions, after reasonable ne2 gotiations with investigative staff, in order to avoid undue

3 delay of the merger review process.

4 ‘‘(iii) Not later than 90 days after the date of the

5 enactment of this Act, the Assistant Attorney General and

6 the Federal Trade Commission shall conduct an internal

7 review and implement reforms of the merger review proc8 ess in order to eliminate unnecessary burden, remove cost9 ly duplication, and eliminate undue delay, in order to

10 achieve a more effective and more efficient merger review

11 process.

12 ‘‘(iv) Not later than 120 days after the date of enact13 ment of this Act, the Assistant Attorney General and the

14 Federal Trade Commission shall issue or amend their re15 spective industry guidance, regulations, operating manuals

16 and relevant policy documents, to the extent appropriate,

17 to implement each reform in this subparagraph.

18 ‘‘(v) Not later than 180 days after the date the of

19 enactment of this Act, the Assistant Attorney General and

20 the Federal Trade Commission shall each report to

21 Congress—

22 ‘‘(I) which reforms each agency has adopted

23 under this subparagraph;

24 ‘‘(II) which steps each has taken to implement

25 such internal reforms; and
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1 ‘‘(III) the effects of such reforms.’’.

2 (d) Section 7A of the Clayton Act (15 U.S.C. 18a)

3 is amended—

4 (1) in subsection (e)(2), by striking ‘‘20 days’’

5 and inserting ‘‘30 days’’, and

6 (2) by adding at the end the following:

7 ‘‘(k) If the end of any period of time provided in this

8 section falls on a Saturday, Sunday, or legal public holiday

9 (as defined in section 6103(a) of title 5 of the United

10 States Code), then such period shall be extended to the

11 end of the next day that is not a Saturday, Sunday, or

12 legal public holiday.’’.

13 (e) This section and the amendments made by this

14 section shall take effect on the 1st day of the 1st month

15 that begins more than 30 days after the date of the enact16 ment of this Act.

17 SEC. 631. (a) The Secretary of the Army is author18 ized to take all necessary measures to further stabilize and

19 renovate Lock and Dam 10 at Boonesborough, Kentucky,

20 with the purpose of extending the design life of the struc21 ture by an additional 50 years, at a total cost of

22 $24,000,000, with an estimated Federal cost of

23 $19,200,000 and an estimated non-Federal cost of

24 $4,800,000.
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1 (b) For purposes of this section only, ‘‘stabilize and

2 renovate’’ shall include, but shall not be limited to, the

3 following activities: stabilization of the main dam, auxil4 iary dam and lock; renovation of all operational aspects

5 of the lock; and elevation of the main and auxiliary dams.

6 SEC. 632. (a)(1) The Federal Communications Com7 mission shall modify the rules authorizing the operation

8 of low-power FM radio stations, as proposed in MM Dock9 et No. 99–25, to—

10 (A) prescribe minimum distance separations for

11 third-adjacent channels (as well as for co-channels

12 and first- and second-adjacent channels); and

13 (B) prohibit any applicant from obtaining a

14 low-power FM license if the applicant has engaged

15 in any manner in the unlicensed operation of any

16 station in violation of section 301 of the Commu17 nications Act of 1934 (47 U.S.C. 301).

18 (2) The Federal Communications Commission may

19 not—

20 (A) eliminate or reduce the minimum distance

21 separations for third-adjacent channels required by

22 paragraph (1)(A); or

23 (B) extend the eligibility for application for low24 power FM stations beyond the organizations and en-
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•HR 5548 IH1S

1 tities as proposed in MM Docket No. 99–25 (47

2 CFR 73.853),

3 except as expressly authorized by an Act of Congress en4 acted after the date of the enactment of this Act.

5 (3) Any license that was issued by the Commission

6 to a low-power FM station prior to the date on which the

7 Commission modifies its rules as required by paragraph

8 (1) and that does not comply with such modifications shall

9 be invalid.

10 (b)(1) The Federal Communications Commission

11 shall conduct an experimental program to test whether

12 low-power FM radio stations will result in harmful inter13 ference to existing FM radio stations if such stations are

14 not subject to the minimum distance separations for third15 adjacent channels required by subsection (a). The Com16 mission shall conduct such test in no more than nine FM

17 radio markets, including urban, suburban, and rural mar18 kets, by waiving the minimum distance separations for

19 third-adjacent channels for the stations that are the sub20 ject of the experimental program. At least one of the sta21 tions shall be selected for the purpose of evaluating wheth22 er minimum distance separations for third-adjacent chan23 nels are needed for FM translator stations. The Commis24 sion may, consistent with the public interest, continue

25 after the conclusion of the experimental program to waive
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•HR 5548 IH1S

1 the minimum distance separations for third-adjacent

2 channels for the stations that are the subject of the experi3 mental program.

4 (2) The Commission shall select an independent test5 ing entity to conduct field tests in the markets of the sta6 tions in the experimental program under paragraph (1).

7 Such field tests shall include—

8 (A) an opportunity for the public to comment

9 on interference; and

10 (B) independent audience listening tests to de11 termine what is objectionable and harmful inter12 ference to the average radio listener.

13 (3) The Commission shall publish the results of the

14 experimental program and field tests and afford an oppor15 tunity for the public to comment on such results. The Fed16 eral Communications Commission shall submit a report on

17 the experimental program and field tests to the Committee

18 on Commerce of the House of Representatives and the

19 Committee on Commerce, Science, and Transportation of

20 the Senate not later than February 1, 2001. Such report

21 shall include—

22 (A) an analysis of the experimental program

23 and field tests and of the public comment received

24 by the Commission;
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1 (B) an evaluation of the impact of the modifica2 tion or elimination of minimum distance separations

3 for third-adjacent channels on—

4 (i) listening audiences;

5 (ii) incumbent FM radio broadcasters in

6 general, and on minority and small market

7 broadcasters in particular, including an analysis

8 of the economic impact on such broadcasters;

9 (iii) the transition to digital radio for ter10 restrial radio broadcasters;

11 (iv) stations that provide a reading service

12 for the blind to the public; and

13 (v) FM radio translator stations;

14 (C) the Commission’s recommendations to the

15 Congress to reduce or eliminate the minimum dis16 tance separations for third-adjacent channels re17 quired by subsection (a); and

18 (D) such other information and recommenda19 tions as the Commission considers appropriate.

20 SEC. 633. For an additional amount for ‘‘Small Busi21 ness Administration, Salaries and Expenses’’,

22 $40,000,000, of which $2,500,000 shall be available for

23 a grant to the NTTC at Wheeling Jesuit University to

24 continue the outreach program to assist small business de25 velopment; $600,000 shall be available for a grant for
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•HR 5548 IH1S

1 Western Carolina University to develop a tourism and hos2 pitality curriculum; $2,500,000 shall be available for a

3 grant to the Bronx Museum of the Arts, New York, to

4 develop facilities, including the Museum’s participation in

5 the Point Residency and the Community Gallery projects;

6 $1,000,000 shall be available for a grant to Soundview

7 Community in Action in the Bronx, New York, for a tech8 nology access and business improvement project;

9 $5,000,000 shall be available for the Center for Rural De10 velopment, Somerset, Kentucky, for a regional program of

11 technology workforce development; $1,500,000 shall be

12 available for a grant to the State University of New York

13 to develop a facility and operate the Institute of Entrepre14 neurship for small business and workforce development;

15 $500,000 shall be available for a grant for Pike County,

16 Kentucky, for an interpretive development initiative;

17 $1,000,000 shall be available for a grant to the East Los

18 Angeles Community Union to develop a facility;

19 $5,000,000 shall be available for a grant to the Southern

20 Kentucky Tourism Development Association for a regional

21 tourism promotion initiative; $1,500,000 shall be available

22 for a grant for Union College, Barbourville, Kentucky, for

23 a technology and media center; $500,000 shall be available

24 for a grant to the National Corrections and Law Enforce25 ment Training and Technology Center, Inc., to work in
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•HR 5548 IH1S

1 conjunction with the Office of Law Enforcement Tech2 nology Commercialization and the Moundsville Economic

3 Development Council for continued operations of the Na4 tional Corrections and Law Enforcement Training and

5 Technology Center, and for infrastructure improvements

6 associated with this initiative; $2,000,000 shall be avail7 able for a grant for the City of Paintsville, Kentucky, for

8 a regional arts and tourism center; $200,000 shall be

9 available for a grant for the Vandalia Heritage Founda10 tion to fulfill its charter purposes; $800,000 shall be avail11 able for a grant for the Museum of Science and Industry

12 to develop a Manufacturing Learning Center; $200,000

13 shall be available for a grant to Rural Enterprises, Inc.,

14 in Durant, Oklahoma, to continue support for a resource

15 center for rural businesses; $1,000,000 shall be available

16 for a grant for Greenpoint Manufacturing and Design

17 Center to acquire certain properties to develop a small

18 business incubator facility; $1,000,000 shall be available

19 for a grant to the Long Island Bay Shore Aquarium to

20 develop a facility; $200,000 shall be available for a grant

21 for Old Sturbridge Village’s Threshold Project to develop

22 an arts and tourism facility; $1,300,000 shall be available

23 for a grant to Pulaski County, Kentucky, for an emer24 gency training center; $2,000,000 shall be available for

25 a grant for Promesa Enterprises in the Bronx, New York,
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1 to assist community-based businesses; $1,000,000 shall be

2 available for a grant to the City of Oak Ridge, Tennessee,

3 to develop a center to support technology and economic

4 development initiatives; $1,000,000 shall be available for

5 a grant for the Safer Foundation to develop a facility;

6 $250,000 shall be available for a grant for the Johnstown

7 Area Regional Industries Center for a Workforce Develop8 ment initiative; $600,000 shall be available for a grant for

9 the Buckhorn Children’s Foundation for a community10 based youth development facility; $250,000 shall be avail11 able for a grant for the Johnstown Area Regional Indus12 tries Center to continue support for the Entrepreneur

13 Challenge 2000 small business incubator initiative;

14 $250,000 shall be available for a grant to the Business

15 Development Assistance Group to establish an Entrepre16 neurship Center for New Americans in Northern Virginia;

17 $1,000,000 shall be available for a grant for the Brother18 hood Business Development and Capital Fund for a small

19 business technical assistance and loan program; $900,000

20 shall be available for a grant for the Arizona Department

21 of Public Safety for planning and design for infrastructure

22 improvements; $250,000 shall be available for a grant for

23 Gadsden State Community College to develop a Center for

24 Economic Development; $2,000,000 shall be available for

25 a grant to Morehead State University for a science re-
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1 search and technology center; $350,000 shall be available

2 for a grant for the Nicholas County, Kentucky, Industrial

3 Authority to acquire certain properties in Carlisle, Ken4 tucky, to develop a small business initiative; $350,000

5 shall be available for a grant for Montgomery County,

6 Kentucky, to develop an education and training facility;

7 $500,000 shall be available for a grant to the New York

8 City Department of Parks and Recreation, Bronx County,

9 to develop a river house facility; $500,000 shall be avail10 able for a grant to the New York Public Library Mott

11 Haven Branch in the Bronx, New York, to develop a facil12 ity; and $500,000 shall be available for a grant to the

13 Oklahoma Department of Career and Technology Edu14 cation for a technology-based pilot program for vocational

15 training for economic and job development.

16 SEC. 634. None of the funds provided in this or any

17 previous Act, or hereinafter made available to the Depart18 ment of Commerce shall be available to issue or renew,

19 for any fishing vessel, any general or harpoon category

20 fishing permit for Atlantic bluefin tuna that would allow

21 the vessel—

22 (1) to use an aircraft to locate, or otherwise as23 sist in fishing for, catching, or possessing Atlantic

24 bluefin tuna; or
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1 (2) to fish for, catch, or possessing Atlantic

2 bluefin tuna located by the use of an aircraft.

3 SEC. 635. (a) This section may be cited as ‘‘Amy

4 Boyer’s Law’’.

5 (b) Congress makes the following findings:

6 (1) The inappropriate display, sale, or use of

7 social security numbers is a significant factor in a

8 growing range of illegal activities, including fraud,

9 identity theft, and, in some cases, stalking and other

10 violent crimes.

11 (2) Because social security numbers are used to

12 track financial, health care, and other sensitive in13 formation about individuals, the inappropriate sale

14 or display of those numbers to the general public

15 can result in serious invasions of individual privacy

16 and facilitate the commission of criminal activity.

17 (3) The Federal Government requires virtually

18 every individual in the United States to obtain and

19 maintain a social security number in order to pay

20 taxes, to qualify for social security benefits, or to

21 seek employment. An unintended consequence of

22 these requirements is that social security numbers

23 have become tools that can be used to facilitate

24 crime, fraud, and invasions of the privacy of the in25 dividuals to whom the numbers are assigned. Be-
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1 cause the Federal Government created and main2 tains the social security number system, and because

3 the Federal Government does not permit persons to

4 exempt themselves from the requirements of that

5 system, it is appropriate for the Federal Government

6 to take steps to stem abuse of the system.

7 (4) A social security number is simply a se8 quence of numbers. In no meaningful sense can the

9 number itself impart knowledge or ideas. Persons do

10 not sell or transfer such numbers in order to convey

11 any particularized message, nor to express to the

12 purchaser any ideas, knowledge, or thoughts.

13 (5) No one should seek to profit from the dis14 play or sale to the general public of social security

15 numbers in circumstances that create a substantial

16 risk of physical, emotional, or financial harm to the

17 individuals to whom those numbers are assigned.

18 (6) Various entities may display, sell, or use so19 cial security numbers, including the private sector,

20 the Federal Government and State governments,

21 and Federal and State courts. Whatever the source,

22 the inappropriate display or sale to the general pub23 lic of social security numbers should be prevented.

24 (7) Congress should enact legislation that will

25 offer an individual assigned a social security number
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1 necessary protection from the display, sale, or pur2 chase of the number in circumstances that might fa3 cilitate unlawful conduct or that might otherwise

4 likely result in unfair and deceptive practices.

5 (c)(1) Part A of title XI of the Social Security Act

6 (42 U.S.C. 1301 et seq.) is amended by adding at the end

7 the following new section:

8 ‘‘PROHIBITION OF CERTAIN MISUSES OF THE SOCIAL

9 SECURITY NUMBER

10 ‘‘SEC. 1150A. (a) Except as otherwise provided in

11 this section, no person may display or sell to the general

12 public any individual’s social security number, or any iden13 tifiable derivative of such number, without the affirma14 tively expressed consent, electronically or in writing, of the

15 individual.

16 ‘‘(b) No person may obtain any individual’s social se17 curity number, or any identifiable derivative of such num18 ber, for purposes of locating or identifying an individual

19 with the intent to physically injure, harm, or use the iden20 tity of the individual for illegal purposes.

21 ‘‘(c) In order for consent to exist under subsection

22 (a), the person displaying, or seeking to display, or selling

23 or attempting to sell, an individual’s social security num24 ber, or any identifiable derivative of such number, shall—

25 ‘‘(1) inform the individual of the general pur26 poses for which the number will be utilized and the
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1 types of persons to whom the number may be avail2 able; and

3 ‘‘(2) obtain affirmatively expressed consent elec4 tronically or in writing.

5 ‘‘(d) Except as set forth in subsection (b), nothing

6 in this section shall be construed to prohibit or limit the

7 display, sale, or use of a social security number—

8 ‘‘(1)(A) permitted, required, or excepted, ex9 pressly or by implication, under section 205(c)(2),

10 section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C.

11 552a note; 88 Stat. 1909), section 6109(d) of the

12 Internal Revenue Code of 1986, the Fair Credit Re13 porting Act (15 U.S.C. 1681 et seq.), title V of the

14 Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.),

15 or the Health Insurance Portability and Account16 ability Act of 1996 (Public Law 104–191; 110 Stat.

17 1936) or the amendments made by that Act, or (B)

18 in connection with an activity authorized under or

19 pursuant to section 4(k) of the Bank Holding Com20 pany Act of 1956 (12 U.S.C. 1843(k)), whether or

21 not such activity is conducted by or subject to any

22 limitations or requirements applicable to a financial

23 holding company;

24 ‘‘(2) by a professional or commercial user who

25 appropriately uses the information in the normal
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1 course and scope of their businesses for purposes of

2 retrieval of other information, except that the pro3 fessional or commercial user may not display or sell

4 the number (or any identifiable derivative of the

5 number) to the general public;

6 ‘‘(3) for purposes of law enforcement, including

7 investigation of fraud or as required under sub8 chapter II of chapter 53 of title 31, United States

9 Code, and chapter 2 of title I of Public Law 91–508

10 (12 U.S.C. 1951-1959); or

11 ‘‘(4) that may appear in a public record includ12 ing, but not limited to, proceedings or records of

13 Federal or State courts.

14 ‘‘(e)(1) Any individual aggrieved by any act of any

15 person in violation of this section may bring a civil action

16 in a United States district court to recover—

17 ‘‘(A) such preliminary and equitable relief as

18 the court determines to be appropriate; and

19 ‘‘(B) the greater of—

20 ‘‘(i) actual damages;

21 ‘‘(ii) liquidated damages of $2,500; or

22 ‘‘(iii) in the case of a violation that was

23 willful and resulted in profit or monetary gain,

24 liquidated damages of $10,000.
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1 ‘‘(2) In the case of a civil action brought under para2 graph (1)(B)(iii) in which the aggrieved individual has

3 substantially prevailed, the court may assess against the

4 respondent a reasonable attorney’s fee and other litigation

5 costs and expenses (including expert fees) reasonably in6 curred.

7 ‘‘(3) No action may be commenced under this sub8 section more than 3 years after the date on which the vio9 lation was or should reasonably have been discovered by

10 the aggrieved individual.

11 ‘‘(4) The remedy provided under this subsection shall

12 be in addition to any other lawful remedy available to the

13 individual.

14 ‘‘(f)(1) Any person who the Commissioner of Social

15 Security determines has violated this section shall be sub16 ject, in addition to any other penalties that may be pre17 scribed by law, to—

18 ‘‘(A) a civil money penalty of not more than

19 $5,000 for each such violation; and

20 ‘‘(B) a civil money penalty of not more than

21 $50,000, if violations have occurred with such fre22 quency as to constitute a general business practice.

23 ‘‘(2) Any willful violation committed contempora24 neously with respect to the social security numbers of 2

25 or more individuals by means of mail, telecommunication,
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1 or otherwise shall be treated as a separate violation with

2 respect to each such individual.

3 ‘‘(3) The provisions of section 1128A (other than

4 subsections (a), (b), (f), (h), (i), (j), and (m), and the first

5 sentence of subsection (c)) and the provisions of sub6 sections (d) and (e) of section 205 shall apply to civil

7 money penalties under this subsection in the same manner

8 as such provisions apply to a penalty or proceeding under

9 section 1128A(a), except that, for purposes of this para10 graph, any reference in section 1128A to the Secretary

11 shall be deemed a reference to the Commissioner of Social

12 Security.

13 ‘‘(g) In this section, the term ‘display or sell to the

14 general public’ means the intentional placing of an individ15 ual’s social security number, or identifying portion thereof,

16 in a viewable manner on a web site that makes such infor17 mation available to the general public, or otherwise inten18 tionally communicating an individual’s social security

19 number, or an identifying portion thereof, to the general

20 public.

21 ‘‘(h) Nothing in this section shall be construed to

22 limit the use of social security numbers by the Federal

23 Government for governmental purposes, including any of

24 the following purposes:

25 ‘‘(1) National security.
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1 ‘‘(2) Law enforcement.

2 ‘‘(3) Public health.

3 ‘‘(4) Federal or federally-funded research con4 ducted for the purposes of advancing knowledge.

5 ‘‘(5) When such numbers are required to be

6 submitted as part of the process for applying for any

7 type of government benefit or program.’’.

8 (2) Section 208(a) of the Social Security Act (42

9 U.S.C. 408(a)) is amended—

10 (1) in paragraph (8), by inserting ‘‘or’’ after

11 the semicolon; and

12 (2) by inserting after paragraph (8), the fol13 lowing new paragraphs:

14 ‘‘(9) except as provided in section 1150A(d),

15 knowingly and willfully displays or sells to the gen16 eral public (as defined in section 1150A(g)) any in17 dividual’s social security number, or any identifiable

18 derivative of such number, without the affirmatively

19 expressed consent (as defined in section 1150A(c)),

20 electronically or in writing, of such individual; or

21 ‘‘(10) obtains any individual’s social security

22 number, or any identifiable derivative of such num23 ber, for purposes of locating or identifying an indi24 vidual with the intent to physically injure, harm, or
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1 use the identity of the individual for illegal pur2 poses;’’.

3 (3) The amendments made by this subsection

4 apply with respect to violations occurring on and

5 after the date that is 2 years after the date of enact6 ment of this Act.

7 (d)(1) The Comptroller General of the United States

8 shall conduct a study of the feasibility and advisability of

9 imposing additional limitations or prohibitions on the use

10 of social security numbers in public records.

11 (2) Not later than 1 year after the date of enactment

12 of this section, the Comptroller General shall submit to

13 Congress a report on the study conducted under para14 graph (1). The report shall include a detailed description

15 of the activities and results of the study and such rec16 ommendations for legislative action as the Comptroller

17 General considers appropriate.

18 SEC. 636. The Cuyahoga Valley National Park shall

19 not be redesignated as a Class I area under title I, Part

20 C of the Clean Air Act, 42 U.S.C. sections 7470–7479.
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1 TITLE VII—RESCISSIONS

2 DEPARTMENT OF JUSTICE

3 DRUG ENFORCEMENT ADMINISTRATION

4 DRUG DIVERSION CONTROL FEE ACCOUNT

5 (RESCISSION)

6 Amounts otherwise available for obligation in fiscal

7 year 2001 for the Drug Diversion Control Fee Account

8 are reduced by $8,000,000.

9 RELATED AGENCIES

10 DEPARTMENT OF TRANSPORTATION

11 MARITIME ADMINISTRATION

12 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

13 ACCOUNT

14 (RESCISSION)

15 Of the funds provided under this heading in Public

16 Law 104–208, $7,644,000 are rescinded.

17 TITLE VIII—DEBT REDUCTION AND OTHER

18 MATTER

19 DEPARTMENT OF THE TREASURY

20 BUREAU OF THE PUBLIC DEBT

21 GIFTS TO THE UNITED STATES FOR REDUCTION OF THE

22 PUBLIC DEBT

23 For deposit on November 1, 2000, of an additional

24 amount into the account established under section

25 3113(d) of title 31, United States Code, to reduce the pub26 lic debt, the amount equal to the difference between
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1 $240,088,000,000 and the aggregate amount deposited

2 into this account in other appropriation Acts for fiscal

3 year 2001 enacted before such date.

4 GENERAL PROVISION

5 SEC. 801. Beginning on the first day of the 107th

6 Congress, the Presiding officer of the Senate shall apply

7 all of the precedents of the Senate under Rule XXVIII

8 in effect at the conclusion of the 103rd Congress. Further

9 that there is now in effect a Standing order of the Senate

10 that the reading of conference reports, are no longer re11 quired, if the said conference report is available in the

12 Senate.

13 TITLE IX—WILDLIFE, OCEAN AND COASTAL

14 CONSERVATION

15 SEC. 901. WILDLIFE CONSERVATION AND RESTORATION

16 PLANNING.

17 For expenses necessary to support activities that sup18 plement, but not replace, existing funding available to the

19 States and territories from the sport fish restoration ac20 count and wildlife restoration account and shall be used

21 for the development, revision, and implementation of wild22 life conservation and restoration plans and programs,

23 $50,000,000, to remain available until expended: Pro24 vided, That these funds may be used by a State, territory

25 or an Indian Tribe for the planning and implementation

26 of its wildlife conservation and restoration program and
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1 wildlife conservation strategy, including wildlife conserva2 tion, wildlife conservation education, and wildlife-associ3 ated recreation projects: Provided further, That the Sec4 retary, after deducting administrative expenses shall make

5 the following apportionment from the Wildlife Conserva6 tion and Restoration Account: (A) to the District of Co7 lumbia and to the Commonwealth of Puerto Rico, each

8 a sum equal to not more than one-half of 1 percent there9 of; (B) to Guam, American Samoa, the Virgin Islands, and

10 the Commonwealth of the Northern Mariana Islands, each

11 a sum equal to not more than one-fourth of 1 percent

12 thereof: Provided further, That the Secretary shall appor13 tion the remaining amount in the Wildlife Conservation

14 and Restoration Account for each year among the States

15 in the following manner: (A) one-third of which is based

16 on the ratio to which the land area of such State bears

17 to the total land area of all such States; and, (B) two18 thirds of which is based on the ratio to which the popu19 lation of such State bears to the total population of all

20 such States: Provided further, That the amounts appor21 tioned under this paragraph shall be adjusted equitably

22 so that no State shall be apportioned a sum which is less

23 than 1 percent of the amount available for apportionment

24 under this paragraph for any fiscal year or more than 5

25 percent of such amount: Provided further, That no State,
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1 territory or other jurisdiction shall receive a grant unless

2 it has certified to the Service that it has in place, or has

3 agreed to develop by a mutually agreed date certain, a

4 wildlife conservation strategy and plan.

5 SEC. 902. WILDLIFE CONSERVATION AND RESTORATION.

6 (a) PURPOSES.—The purposes of this section are—

7 (1) to extend financial and technical assistance

8 to the States under the Federal Aid to Wildlife Res9 toration Act for the benefit of a diverse array of

10 wildlife and associated habitats, including species

11 that are not hunted or fished, to fulfill unmet needs

12 of wildlife within the States in recognition of the pri13 mary role of the States to conserve all wildlife;

14 (2) to assure sound conservation policies

15 through the development, revision, and implementa16 tion of a comprehensive wildlife conservation and

17 restoration plan;

18 (3) to encourage State fish and wildlife agencies

19 to participate with the Federal Government, other

20 State agencies, wildlife conservation organizations

21 and outdoor recreation and conservation interests

22 through cooperative planning and implementation of

23 this title; and

24 (4) to encourage State fish and wildlife agencies

25 to provide for public involvement in the process of
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1 development and implementation of a wildlife con2 servation and restoration program.

3 (b) REFERENCE TO LAW.—In this section, the term

4 ‘‘Federal Aid in Wildlife Restoration Act’’ means the Act

5 of September 2, 1937 (16 U.S.C. 669 et seq.), commonly

6 referred to as the Federal Aid in Wildlife Restoration Act

7 or the Pittman-Robertson Act.

8 (c) DEFINITIONS.—Section 2 of the Federal Aid in

9 Wildlife Restoration Act (16 U.S.C. 669a) is amended to

10 read as follows:

11 ‘‘SEC. 2. DEFINITIONS.

12 ‘‘As used in this Act—

13 ‘‘(1) the term ‘conservation’ means the use of

14 methods and procedures necessary or desirable to

15 sustain healthy populations of wildlife, including all

16 activities associated with scientific resources man17 agement such as research, census, monitoring of

18 populations, acquisition, improvement and manage19 ment of habitat, live trapping and transplantation,

20 wildlife damage management, and periodic or total

21 protection of a species or population, as well as the

22 taking of individuals within wildlife stock or popu23 lation if permitted by applicable State and Federal

24 law;
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1 ‘‘(2) the term ‘Secretary’ means the Secretary

2 of the Interior;

3 ‘‘(3) the term ‘State fish and game department’

4 or ‘State fish and wildlife department’ means any

5 department or division of department of another

6 name, or commission, or official or officials, of a

7 State empowered under its laws to exercise the func8 tions ordinarily exercised by a State fish and game

9 department or State fish and wildlife department.

10 ‘‘(4) the term ‘wildlife’ means any species of

11 wild, free-ranging fauna including fish, and also

12 fauna in captive breeding programs the object of

13 which is to reintroduce individuals of a depleted in14 digenous species into previously occupied range;

15 ‘‘(5) the term ‘wildlife-associated recreation’

16 means projects intended to meet the demand for

17 outdoor activities associated with wildlife including,

18 but not limited to, hunting and fishing, wildlife ob19 servation and photography, such projects as con20 struction or restoration of wildlife viewing areas, ob21 servation towers, blinds, platforms, land and water

22 trails, water access, field trialing, trail heads, and

23 access for such projects;

24 ‘‘(6) the term ‘wildlife conservation and restora25 tion program’ means a program developed by a
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1 State fish and wildlife department and approved by

2 the Secretary under section 304(d), the projects that

3 constitute such a program, which may be imple4 mented in whole or part through grants and con5 tracts by a State to other State, Federal, or local

6 agencies (including those that gather, evaluate, and

7 disseminate information on wildlife and their habi8 tats), wildlife conservation organizations, and out9 door recreation and conservation education entities

10 from funds apportioned under this title, and mainte11 nance of such projects;

12 ‘‘(7) the term ‘wildlife conservation education’

13 means projects, including public outreach, intended

14 to foster responsible natural resource stewardship;

15 and

16 ‘‘(8) the term ‘wildlife-restoration project’ in17 cludes the wildlife conservation and restoration pro18 gram and means the selection, restoration, rehabili19 tation, and improvement of areas of land or water

20 adaptable as feeding, resting, or breeding places for

21 wildlife, including acquisition of such areas or es22 tates or interests therein as are suitable or capable

23 of being made suitable therefor, and the construction

24 thereon or therein of such works as may be nec25 essary to make them available for such purposes and
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1 also including such research into problems of wildlife

2 management as may be necessary to efficient admin3 istration affecting wildlife resources, and such pre4 liminary or incidental costs and expenses as may be

5 incurred in and about such projects.’’.

6 (d) WILDLIFE CONSERVATION AND RESTORATION

7 ACCOUNT.—Section 3 of the Federal Aid in Wildlife Res8 toration Act (16 U.S.C. 669b) is amended—

9 (1) in subsection (a) by inserting ‘‘(1)’’ after

10 ‘‘(a)’’, and by adding at the end the following:

11 ‘‘(2) There is established in the Federal aid to

12 wildlife restoration fund a subaccount to be known

13 as the ‘Wildlife Conservation and Restoration Ac14 count’. There are authorized to be appropriated for

15 the purposes of the Wildlife Conservation and Res16 toration Account $50,000,000 in fiscal year 2001 for

17 apportionment in accordance with this Act to carry

18 out State wildlife conservation and restoration pro19 grams. Further, interest on amounts transferred

20 shall be treated in a manner consistent with 16

21 U.S.C. 669(b)(1)).’’; and

22 (2) by adding at the end the following:

23 ‘‘(c)(1) Amounts transferred to the Wildlife Con24 servation and Restoration Account shall supplement, but

25 not replace, existing funds available to the States from the
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1 sport fish restoration account and wildlife restoration ac2 count and shall be used for the development, revision, and

3 implementation of wildlife conservation and restoration

4 programs and should be used to address the unmet needs

5 for a diverse array of wildlife and associated habitats, in6 cluding species that are not hunted or fished, for wildlife

7 conservation, wildlife conservation education, and wildlife8 associated recreation projects. Such funds may be used for

9 new programs and projects as well as to enhance existing

10 programs and projects.

11 ‘‘(2) Funds may be used by a State or an Indian tribe

12 for the planning and implementation of its wildlife con13 servation and restoration program and wildlife conserva14 tion strategy, as provided in sections 4(d) and (e) of this

15 Act, including wildlife conservation, wildlife conservation

16 education, and wildlife-associated recreation projects.

17 Such funds may be used for new programs and projects

18 as well as to enhance existing programs and projects.

19 ‘‘(3) Priority for funding from the Wildlife Conserva20 tion and Restoration Account shall be for those species

21 with the greatest conservation need as defined by the

22 State wildlife conservation and restoration program.

23 ‘‘(d) Notwithstanding subsections (a) and (b) of this

24 section, with respect to amounts transferred to the Wild25 life Conservation and Restoration Account, so much of
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1 such amounts apportioned to any State for any fiscal year

2 as remains unexpended at the close thereof shall remain

3 available for obligation in that State until the close of the

4 second succeeding fiscal year.’’.

5 (e) APPORTIONMENTS OF AMOUNTS.—Section 4 of

6 the Federal Aid in Wildlife Restoration Act (16 U.S.C.

7 669c) is amended by adding at the end the following new

8 subsection:

9 ‘‘(c) APPORTIONMENT OF WILDLIFE CONSERVATION

10 AND RESTORATION ACCOUNT.—

11 ‘‘(1) The Secretary of the Interior shall make

12 the following apportionment from the Wildlife Con13 servation and Restoration Account:

14 ‘‘(A) to the District of Columbia and to

15 the Commonwealth of Puerto Rico, each a sum

16 equal to not more than one-half of 1 percent

17 thereof.

18 ‘‘(B) to Guam, American Samoa, the Vir19 gin Islands, and the Commonwealth of the

20 Northern Mariana Islands, each a sum equal to

21 not more than one-fourth of 1 percent thereof.

22 ‘‘(2)(A) The Secretary of the Interior, after

23 making the apportionment under paragraph (1),

24 shall apportion the remaining amount in the Wildlife
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1 Conservation and Restoration Account for each fis2 cal year among the States in the following manner:

3 ‘‘(i) one-third of which is based on the

4 ratio to which the land area of such State bears

5 to the total land area of all such States; and

6 ‘‘(ii) two-thirds of which is based on the

7 ratio to which the population of such State

8 bears to the total population of all such States.

9 ‘‘(B) The amounts apportioned under this para10 graph shall be adjusted equitably so that no such

11 State shall be apportioned a sum which is less than

12 one percent of the amount available for apportion13 ment under this paragraph for any fiscal year or

14 more than five percent of such amount.

15 ‘‘(3) Of the amounts transferred to the Wildlife

16 Conservation and Restoration Account, not to exceed

17 3 percent shall be available for any Federal expenses

18 incurred in the administration and execution of pro19 grams carried out with such amounts.

20 ‘‘(d) WILDLIFE CONSERVATION AND RESTORATION

21 PROGRAMS.—

22 ‘‘(1) Any State, through its fish and wildlife de23 partment, may apply to the Secretary of the Interior

24 for approval of a wildlife conservation and restora25 tion program, or for funds from the Wildlife Con-
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1 servation and Restoration Account, to develop a pro2 gram. To apply, a State shall submit a comprehen3 sive plan that includes—

4 ‘‘(A) provisions vesting in the fish and

5 wildlife department of the State overall respon6 sibility and accountability for the program;

7 ‘‘(B) provisions for the development and

8 implementation of—

9 ‘‘(i) wildlife conservation projects that

10 expand and support existing wildlife pro11 grams, giving appropriate consideration to

12 all wildlife;

13 ‘‘(ii) wildlife-associated recreation

14 projects; and

15 ‘‘(iii) wildlife conservation education

16 projects pursuant to programs under sec17 tion 8(a); and

18 ‘‘(C) provisions to ensure public participa19 tion in the development, revision, and imple20 mentation of projects and programs required

21 under this paragraph.

22 ‘‘(D) WILDLIFE CONSERVATION STRAT23 EGY.—Within five years of the date of the ini24 tial apportionment, develop and begin imple25 mentation of a wildlife conservation strategy
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1 based upon the best available and appropriate

2 scientific information and data that—

3 ‘‘(i) uses such information on the dis4 tribution and abundance of species of wild5 life, including low population and declining

6 species as the State fish and wildlife de7 partment deems appropriate, that are in8 dicative of the diversity and health of wild9 life of the State;

10 ‘‘(ii) identifies the extent and condi11 tion of wildlife habitats and community

12 types essential to conservation of species

13 identified under paragraph (1);

14 ‘‘(iii) identifies the problems which

15 may adversely affect the species identified

16 under paragraph (1) or their habitats, and

17 provides for priority research and surveys

18 to identify factors which may assist in res19 toration and more effective conservation of

20 such species and their habitats;

21 ‘‘(iv) determines those actions which

22 should be taken to conserve the species

23 identified under paragraph (1) and their

24 habitats and establishes priorities for im25 plementing such conservation actions;
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1 ‘‘(v) provides for periodic monitoring

2 of species identified under paragraph (1)

3 and their habitats and the effectiveness of

4 the conservation actions determined under

5 paragraph (4), and for adapting conserva6 tion actions as appropriate to respond to

7 new information or changing conditions;

8 ‘‘(vi) provides for the review of the

9 State wildlife conservation strategy and, if

10 appropriate, revision at intervals of not

11 more than ten years;

12 ‘‘(vii) provides for coordination to the

13 extent feasible the State fish and wildlife

14 department, during the development, im15 plementation, review, and revision of the

16 wildlife conservation strategy, with Fed17 eral, State, and local agencies and Indian

18 tribes that manage significant areas of

19 land or water within the State, or admin20 ister programs that significantly affect the

21 conservation of species identified under

22 paragraph (1) or their habitats.

23 ‘‘(2) A State shall provide an opportunity for

24 public participation in the development of the com25 prehensive plan required under paragraph (1).
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1 ‘‘(3) If the Secretary finds that the comprehen2 sive plan submitted by a State complies with para3 graph (1), the Secretary shall approve the wildlife

4 conservation and restoration program of the State

5 and set aside from the apportionment to the State

6 made pursuant to subsection (c) an amount that

7 shall not exceed 75 percent of the estimated cost of

8 developing and implementing the program.

9 ‘‘(4)(A) Except as provided in subparagraph

10 (B), after the Secretary approves a State’s wildlife

11 conservation and restoration program, the Secretary

12 may make payments on a project that is a segment

13 of the State’s wildlife conservation and restoration

14 program as the project progresses. Such payments,

15 including previous payments on the project, if any,

16 shall not be more than the United States pro rata

17 share of such project. The Secretary, under such

18 regulations as he may prescribe, may advance funds

19 representing the United States pro rata share of a

20 project that is a segment of a wildlife conservation

21 and restoration program, including funds to develop

22 such program.

23 ‘‘(B) Not more than 10 percent of the amounts

24 apportioned to each State under this section for a
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1 State’s wildlife conservation and restoration program

2 may be used for wildlife-associated recreation.

3 ‘‘(5) For purposes of this subsection, the term

4 ‘State’ shall include the District of Columbia, the

5 Commonwealth of Puerto Rico, the Virgin Islands,

6 Guam, American Samoa, and the Commonwealth of

7 the Northern Mariana Islands.’’.

8 (f) FACA.—Coordination with State fish and wildlife

9 agency personnel or with personnel of other State agencies

10 pursuant to the Federal Aid in Wildlife Restoration Act

11 or the Federal Aid in Sport Fish Restoration Act shall

12 not be subject to the Federal Advisory Committee Act (5

13 U.S.C. App.). Except for the preceding sentence, the pro14 visions of this title relate solely to wildlife conservation and

15 restoration programs and shall not be construed to affect

16 the provisions of the Federal Aid in Wildlife Restoration

17 Act relating to wildlife restoration projects or the provi18 sions of the Federal Aid in Sport Fish Restoration Act

19 relating to fish restoration and management projects.

20 (g) EDUCATION.—Section 8(a) of the Federal Aid in

21 Wildlife Restoration Act (16 U.S.C. 669g(a)) is amended

22 by adding the following at the end thereof: ‘‘Funds from

23 the Wildlife Conservation and Restoration Account may

24 be used for a wildlife conservation education program, ex25 cept that no such funds may be used for education efforts,
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1 projects, or programs that promote or encourage opposi2 tion to the regulated taking of wildlife.’’.

3 (h) PROHIBITION AGAINST DIVERSION.—No des4 ignated State agency shall be eligible to receive matching

5 funds under this title if sources of revenue available to

6 it after January 1, 2000, for conservation of wildlife are

7 diverted for any purpose other than the administration of

8 the designated State agency, it being the intention of Con9 gress that funds available to States under this title be

10 added to revenues from existing State sources and not

11 serve as a substitute for revenues from such sources. Such

12 revenues shall include interest, dividends, or other income

13 earned on the foregoing.

14 (i) NORTH AMERICAN WETLANDS CONSERVATION

15 ACT.—Section 7(c) of the North American Wetlands Con16 servation Act (16 U.S.C. 4406(c)) is amended by striking

17 ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’.

18 SEC. 903. COASTAL IMPACT ASSISTANCE.

19 The Outer Continental Shelf Lands Act (43 U.S.C.

20 1331 et seq.) is amended by adding at the end the fol21 lowing:

22 ‘‘SEC. 31. COASTAL IMPACT ASSISTANCE.

23 ‘‘(a) IN GENERAL.—Nothing in this section shall be

24 construed as a permanent authorization.

25 ‘‘(b) DEFINITIONS.—When used in this section:
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1 ‘‘(1) The term ‘coastal political subdivision’

2 means a county, parish, or any equivalent subdivi3 sion of a Producing Coastal State all or part of

4 which subdivision lies within the coastal zone (as de5 fined in section 304(1) of the Coastal Zone Manage6 ment Act of 1972 (16 U.S.C. 1453(1)).

7 ‘‘(2) The term ‘coastal population’ means the

8 population of all political subdivisions, as determined

9 by the most recent official data of the Census Bu10 reau, contained in whole or in part within the des11 ignated coastal boundary of a State as defined in a

12 State’s coastal zone management program under the

13 Coastal Zone Management Act (16 U.S.C. 1451 et

14 seq.).

15 ‘‘(3) The term ‘Coastal State’ has the same

16 meaning as provided by subsection 304(4) of the

17 Coastal Zone Management Act (16 U.S.C. 1453(4)).

18 ‘‘(4) The term ‘coastline’ has the same meaning

19 as the term ‘coast line’ as defined in subsection 2(c)

20 of the Submerged Lands Act (43 U.S.C. 1301(c)).

21 ‘‘(5) The term ‘distance’ means minimum great

22 circle distance, measured in statute miles.

23 ‘‘(6) The term ‘leased tract’ means a tract

24 maintained under section 6 or leased under section
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1 8 for the purpose of drilling for, developing, and pro2 ducing oil and natural gas resources.

3 ‘‘(7) The term ‘Producing Coastal State’ means

4 a Coastal State with a coastal seaward boundary

5 within 200 miles from the geographic center of a

6 leased tract other than a leased tract within any

7 area of the Outer Continental Shelf where a morato8 rium on new leasing was in effect as of January 1,

9 2000, unless the lease was issued prior to the estab10 lishment of the moratorium and was in production

11 on January 1, 2000.

12 ‘‘(8) The term ‘qualified Outer Continental

13 Shelf revenues’ means all amounts received by the

14 United States from each leased tract or portion of

15 a leased tract lying seaward of the zone defined and

16 governed by section 8(g) of this Act, or lying within

17 such zone but to which section 8(g) does not apply,

18 the geographic center of which lies within a distance

19 of 200 miles from any part of the coastline of any

20 Coastal State, including bonus bids, rents, royalties

21 (including payments for royalties taken in kind and

22 sold), net profit share payments, and related late

23 payment interest. Such term does not include any

24 revenues from a leased tract or portion of a leased

25 tract that is included within any area of the Outer
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1 Continental Shelf where a moratorium on new leas2 ing was in effect as of January 1, 2000, unless the

3 lease was issued prior to the establishment of the

4 moratorium and was in production on January 1,

5 2000.

6 ‘‘(9) The term ‘Secretary’ means the Secretary

7 of Commerce.

8 ‘‘(c) AUTHORIZATION.—For fiscal year 2001,

9 $150,000,000 is authorized to be appropriated for the

10 purposes of this section.

11 ‘‘(d) IMPACT ASSISTANCE PAYMENTS TO STATES

12 AND POLITICAL SUBDIVISIONS.—The Secretary shall

13 make payments from the amounts available under this sec14 tion to Producing Coastal States with an approved Coastal

15 Impact Assistance Plan, and to coastal political subdivi16 sions as follows:

17 ‘‘(1) ALLOCATIONS TO PRODUCING COASTAL

18 STATES.—In each fiscal year, each Producing Coast19 al State’s allocable share shall be equal to the sum

20 of the following:

21 ‘‘(A) 60 percent of the amounts appro22 priated shall be equally divided among all Pro23 ducing Coastal States;

24 ‘‘(B) 40 percent of the amounts appro25 priated for the purposes of this section shall be
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1 divided among Producing Coastal States based

2 on Outer Continental Shelf production, except

3 that of such amounts no Producing Coastal

4 State may receive more than 25 percent in any

5 fiscal year.

6 ‘‘(2) CALCULATION.—The amount for each Pro7 ducing Coastal State under paragraph (1)(B) shall

8 be calculated based on the ratio of qualified OCS

9 revenues generated off the coastline of the Pro10 ducing Coastal State to the qualified OCS revenues

11 generated off the coastlines of all Producing Coastal

12 States for the period beginning on January 1, 1995

13 and ending on December 31, 2000. Where there is

14 more than one Producing Coastal State within 200

15 miles of a leased tract, the amount of each Pro16 ducing Coastal State’s payment under paragraph

17 (1)(B) for such leased tract shall be inversely pro18 portional to the distance between the nearest point

19 on the coastline of such State and the geographic

20 center of each leased tract or portion of the leased

21 tract (to the nearest whole mile) that is within 200

22 miles of that coastline, as determined by the Sec23 retary. A leased tract or portion of a leased tract

24 shall be excluded if the tract or portion is located in

25 a geographic area where a moratorium on new leas-
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1 ing was in effect on January 1, 2000, unless the

2 lease was issued prior to the establishment of the

3 moratorium and was in production on January 1,

4 2000.

5 ‘‘(3) PAYMENTS TO COASTAL POLITICAL SUB6 DIVISIONS.—Thirty-five percent of each Producing

7 Coastal State’s allocable share as determined under

8 paragraph (1) shall be paid directly to the coastal

9 political subdivisions by the Secretary based on the

10 following formula, except that a coastal political sub11 division in the State of California that has a coastal

12 shoreline, that is not within 200 miles of the geo13 graphic center of a leased tract or portion of a

14 leased tract, and in which there is located one or

15 more oil refineries shall be eligible for that portion

16 of the allocation described in paragraph (C) in the

17 same manner as if that political subdivision were lo18 cated within a distance of 50 miles from the geo19 graphic center of the closest leased tract with quali20 fied Outer Continental Shelf revenues:

21 ‘‘(A) Twenty-five percent shall be allocated

22 based on the ratio of such coastal political sub23 division’s coastal population to the coastal pop24 ulation of all coastal political subdivisions in the

25 Producing Coastal State.
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1 ‘‘(B) Twenty-five percent shall be allocated

2 based on the ratio of such coastal political sub3 division’s coastline miles to the coastline miles

4 of all coastal political subdivisions in the Pro5 ducing Coastal State.

6 ‘‘(C) Fifty percent shall be allocated based

7 on the relative distance of such coastal political

8 subdivision from any leased tract used to cal9 culate that Producing Coastal State’s allocation

10 using ratios that are inversely proportional to

11 the distance between the point in the coastal

12 political subdivision closest to the geographic

13 center of each leased tract or portion, as deter14 mined by the Secretary. For purposes of the

15 calculations under this subparagraph, a leased

16 tract or portion of a leased tract shall be ex17 cluded if the leased tract or portion is located

18 in a geographic area where a moratorium on

19 new leasing was in effect on January 1, 2000,

20 unless the lease was issued prior to the estab21 lishment of the moratorium and was in produc22 tion on January 1, 2000.

23 ‘‘(4) FAILURE TO HAVE PLAN APPROVED.—Any

24 amount allocated to a Producing Coastal State or

25 coastal political subdivision but not disbursed be-
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1 cause of a failure to have an approved Coastal Im2 pact Assistance Plan under this section shall be allo3 cated equally by the Secretary among all other Pro4 ducing Coastal States in a manner consistent with

5 this subsection except that the Secretary shall hold

6 in escrow such amount until the final resolution of

7 any appeal regarding the disapproval of a plan sub8 mitted under this section. The Secretary may waive

9 the provisions of this paragraph and hold a Pro10 ducing Coastal State’s allocable share in escrow if

11 the Secretary determines that such State is making

12 a good faith effort to develop and submit, or update,

13 a Coastal Impact Assistance Plan.

14 ‘‘(e) COASTAL IMPACT ASSISTANCE PLAN.—

15 ‘‘(1) DEVELOPMENT AND SUBMISSION OF

16 STATE PLANS.—The Governor of each Producing

17 Coastal State shall prepare, and submit to the Sec18 retary, a Coastal Impact Assistance Plan. The Gov19 ernor shall solicit local input and shall provide for

20 public participation in the development of the plan.

21 The plan shall be submitted to the Secretary by July

22 1, 2001. Amounts received by Producing Coastal

23 States and coastal political subdivisions may be used

24 only for the purposes specified in the Producing

25 Coastal State’s Coastal Impact Assistance Plan.
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1 ‘‘(2) APPROVAL.—The Secretary shall approve

2 a plan under paragraph (1) prior to disbursement of

3 amounts under this section. The Secretary shall ap4 prove the plan if the Secretary determines that the

5 plan is consistent with the uses set forth in sub6 section (f) and if the plan contains each of the fol7 lowing:

8 ‘‘(A) The name of the State agency that

9 will have the authority to represent and act for

10 the State in dealing with the Secretary for pur11 poses of this section.

12 ‘‘(B) A program for the implementation of

13 the plan which describes how the amounts pro14 vided under this section will be used.

15 ‘‘(C) A contact for each political subdivi16 sion and description of how coastal political

17 subdivisions will use amounts provided under

18 this section, including a certification by the

19 Governor that such uses are consistent with the

20 requirements of this section.

21 ‘‘(D) Certification by the Governor that

22 ample opportunity has been accorded for public

23 participation in the development and revision of

24 the plan.
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1 ‘‘(E) Measures for taking into account

2 other relevant Federal resources and programs.

3 ‘‘(3) PROCEDURE.—The Secretary shall ap4 prove or disapprove each plan or amendment within

5 90 days of its submission.

6 ‘‘(4) AMENDMENT.—Any amendment to the

7 plan shall be prepared in accordance with the re8 quirements of this subsection and shall be submitted

9 to the Secretary for approval or disapproval.

10 ‘‘(f) AUTHORIZED USES.—Producing Coastal States

11 and coastal political subdivisions shall use amounts pro12 vided under this section, including any such amounts de13 posited in a State or coastal political subdivision adminis14 tered trust fund dedicated to uses consistent with this sub15 section, in compliance with Federal and State law and only

16 for one or more of the following purposes:

17 ‘‘(1) uses set forth in new section 32(c)(4) of

18 the Outer Continental Shelf Lands Act (43 U.S.C.

19 1331 et seq.) proposed by the amendment to H.R.

20 701 of the 106th Congress as reported by the Sen21 ate Committee on Energy and Natural Resources;

22 ‘‘(2) projects and activities for the conservation,

23 protection or restoration of wetlands;

24 ‘‘(3) mitigating damage to fish, wildlife or nat25 ural resources, including such activities authorized
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1 under subtitle B of title IV of the Oil Pollution Act

2 of 1990 (33 U.S.C. 1321(c), (d));

3 ‘‘(4) planning assistance and administrative

4 costs of complying with the provisions of this sec5 tion;

6 ‘‘(5) implementation of Federally approved ma7 rine, coastal, or comprehensive conservation manage8 ment plans; and

9 ‘‘(6) mitigating impacts of Outer Continental

10 Shelf activities through funding of: (A) onshore in11 frastructure projects; and (B) other public service

12 needs intended to mitigate the environmental effects

13 of Outer Continental Shelf activities: Provided, That

14 funds made available under this paragraph shall not

15 exceed 23 percent of the funds provided under this

16 section.

17 ‘‘(g) COMPLIANCE WITH AUTHORIZED USES.—If the

18 Secretary determines that any expenditure made by a Pro19 ducing Coastal State or coastal political subdivision is not

20 consistent with the uses authorized in subsection (f), the

21 Secretary shall not disburse any further amounts under

22 this section to that Producing Coastal State or coastal po23 litical subdivision until the amounts used for the incon24 sistent expenditure have been repaid or obligated for au25 thorized uses.’’.
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1 TITLE X—LOCAL TV ACT

2 SEC. 1001. SHORT TITLE.

3 This title may be cited as the ‘‘Launching Our Com4 munities’ Access to Local Television Act of 2000’’.

5 SEC. 1002. PURPOSE.

6 The purpose of this Act is to facilitate access, on a

7 technologically neutral basis and by December 31, 2006,

8 to signals of local television stations for households located

9 in nonserved areas and underserved areas.

10 SEC. 1003. LOCAL TELEVISION LOAN GUARANTEE BOARD.

11 (a) ESTABLISHMENT.—There is established the

12 LOCAL Television Loan Guarantee Board (in this Act re13 ferred to as the ‘‘Board’’).

14 (b) MEMBERS.—

15 (1) IN GENERAL.—Subject to paragraph (2),

16 the Board shall consist of the following members:

17 (A) The Secretary of the Treasury, or the

18 designee of the Secretary.

19 (B) The Chairman of the Board of Gov20 ernors of the Federal Reserve System, or the

21 designee of the Chairman.

22 (C) The Secretary of Agriculture, or the

23 designee of the Secretary.

24 (D) The Secretary of Commerce, or the

25 designee of the Secretary.
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1 (2) REQUIREMENT AS TO DESIGNEES.—An in2 dividual may not be designated a member of the

3 Board under paragraph (1) unless the individual is

4 an officer of the United States pursuant to an ap5 pointment by the President, by and with the advice

6 and consent of the Senate.

7 (c) FUNCTIONS OF THE BOARD.—

8 (1) IN GENERAL.—The Board shall determine

9 whether or not to approve loan guarantees under

10 this Act. The Board shall make such determinations

11 consistent with the purpose of this Act and in ac12 cordance with this subsection and section 4.

13 (2) CONSULTATION AUTHORIZED.—

14 (A) IN GENERAL.—In carrying out its

15 functions under this Act, the Board shall con16 sult with such departments and agencies of the

17 Federal Government as the Board considers ap18 propriate, including the Department of Com19 merce, the Department of Agriculture, the De20 partment of the Treasury, the Department of

21 Justice, the Department of the Interior, the

22 Board of Governors of the Federal Reserve Sys23 tem, the Federal Communications Commission,

24 the Federal Trade Commission, and the Na25 tional Aeronautics and Space Administration.
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1 (B) RESPONSE.—A department or agency

2 consulted by the Board under subparagraph (A)

3 shall provide the Board such expertise and as4 sistance as the Board requires to carry out its

5 functions under this Act.

6 (3) APPROVAL BY MAJORITY VOTE.—The deter7 mination of the Board to approve a loan guarantee

8 under this Act shall be by an affirmative vote of not

9 less than 3 members of the Board.

10 SEC. 1004. APPROVAL OF LOAN GUARANTEES.

11 (a) AUTHORITY TO APPROVE LOAN GUARANTEES.—

12 Subject to the provisions of this section and consistent

13 with the purpose of this Act, the Board may approve loan

14 guarantees under this Act.

15 (b) REGULATIONS.—

16 (1) REQUIREMENTS.—The Administrator (as

17 defined in section 5), under the direction of and for

18 approval by the Board, shall prescribe regulations to

19 implement the provisions of this Act and shall do so

20 not later than 120 days after funds authorized to be

21 appropriated under section 11 have been appro22 priated in a bill signed into law.

23 (2) ELEMENTS.—The regulations prescribed

24 under paragraph (1) shall—
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1 (A) set forth the form of any application to

2 be submitted to the Board under this Act;

3 (B) set forth time periods for the review

4 and consideration by the Board of applications

5 to be submitted to the Board under this Act,

6 and for any other action to be taken by the

7 Board with respect to such applications;

8 (C) provide appropriate safeguards against

9 the evasion of the provisions of this Act;

10 (D) set forth the circumstances in which

11 an applicant, together with any affiliate of an

12 applicant, shall be treated as an applicant for

13 a loan guarantee under this Act;

14 (E) include requirements that appropriate

15 parties submit to the Board any documents and

16 assurances that are required for the administra17 tion of the provisions of this Act; and

18 (F) include such other provisions con19 sistent with the purpose of this Act as the

20 Board considers appropriate.

21 (3) CONSTRUCTION.—(A) Nothing in this Act

22 shall be construed to prohibit the Board from requir23 ing, to the extent and under circumstances consid24 ered appropriate by the Board, that affiliates of an

25 applicant be subject to certain obligations of the ap-
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1 plicant as a condition to the approval or mainte2 nance of a loan guarantee under this Act.

3 (B) If any provision of this Act or the applica4 tion of such provision to any person or entity or cir5 cumstance is held to be invalid by a court of com6 petent jurisdiction, the remainder of this Act, or the

7 application of such provision to such person or entity

8 or circumstance other than those as to which it is

9 held invalid, shall not be affected thereby.

10 (c) AUTHORITY LIMITED BY APPROPRIATIONS

11 ACTS.—The Board may approve loan guarantees under

12 this Act only to the extent provided for in advance in ap13 propriations Acts, and the Board may accept credit risk

14 premiums from a non-Federal source in order to cover the

15 cost of a loan guarantee under this Act, to the extent that

16 appropriations of budget authority are insufficient to cover

17 such costs.

18 (d) REQUIREMENTS AND CRITERIA APPLICABLE TO

19 APPROVAL.—

20 (1) IN GENERAL.—The Board shall utilize the

21 underwriting criteria developed under subsection (g),

22 and any relevant information provided by the de23 partments and agencies with which the Board

24 consults under section 3, to determine which loans

25 may be eligible for a loan guarantee under this Act.
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1 (2) PREREQUISITES.—In addition to meeting

2 the underwriting criteria under paragraph (1), a

3 loan may not be guaranteed under this Act unless—

4 (A) the loan is made to finance the acqui5 sition, improvement, enhancement, construction,

6 deployment, launch, or rehabilitation of the

7 means by which local television broadcast sig8 nals will be delivered to a nonserved area or un9 derserved area;

10 (B) the proceeds of the loan will not be

11 used for operating, advertising, or promotion

12 expenses, or for the acquisition of licenses for

13 the use of spectrum in any competitive bidding

14 under section 309(j) of the Communications

15 Act of 1934 (47 U.S.C. 309(j));

16 (C) the proposed project, as determined by

17 the Board in consultation with the National

18 Telecommunications and Information Adminis19 tration, is not likely to have a substantial ad20 verse impact on competition that outweighs the

21 benefits of improving access to the signals of a

22 local television station in a nonserved area or

23 underserved area and is commercially viable;

24 (D)(i) the loan—
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1 (I) is provided by any entity engaged

2 in the business of commercial lending—

3 (aa) if the loan is made in ac4 cordance with loan-to-one-borrower

5 and affiliate transaction restrictions to

6 which the entity is subject under ap7 plicable law; or

8 (bb) if item (aa) does not apply,

9 the loan is made only to a borrower

10 that is not an affiliate of the entity

11 and only if the amount of the loan

12 and all outstanding loans by that enti13 ty to that borrower and any of its af14 filiates does not exceed 10 percent of

15 the net equity of the entity; or

16 (II) is provided by a nonprofit cor17 poration, including the National Rural

18 Utilities Cooperative Finance Corporation,

19 engaged primarily in commercial lending, if

20 the Board determines that such nonprofit

21 corporation has one or more issues of out22 standing long-term debt that is rated with23 in the highest 3 rating categories of a na24 tionally recognized statistical rating orga25 nization;
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1 (ii) if the loan is provided by a lender de2 scribed in clause (i)(II) and the Board deter3 mines that the making of the loan by such lend4 er will cause a decline in such lender’s debt rat5 ing as described in that clause, the Board at its

6 discretion may disapprove the loan guarantee

7 on this basis;

8 (iii) no loan may be made for purposes of

9 this Act by a governmental entity or affiliate

10 thereof, or by the Federal Agricultural Mort11 gage Corporation, or any institution supervised

12 by the Office of Federal Housing Enterprise

13 Oversight, the Federal Housing Finance Board,

14 or any affiliate of such entities;

15 (iv) any loan must have terms, in the judg16 ment of the Board, that are consistent in mate17 rial respects with the terms of similar obliga18 tions in the private capital market;

19 (v) for purposes of clause (i)(I)(bb), the

20 term ‘‘net equity’’ means the value of the total

21 assets of the entity, less the total liabilities of

22 the entity, as recorded under generally accepted

23 accounting principles for the fiscal quarter

24 ended immediately prior to the date on which

25 the subject loan is approved;
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1 (E) repayment of the loan is required to be

2 made within a term of the lesser of—

3 (i) 25 years from the date of the exe4 cution of the loan; or

5 (ii) the economically useful life, as de6 termined by the Board or in consultation

7 with persons or entities deemed appro8 priate by the Board, of the primary assets

9 to be used in the delivery of the signals

10 concerned; and

11 (F) the loan meets any additional criteria

12 developed under subsection (g).

13 (3) PROTECTION OF UNITED STATES FINAN14 CIAL INTERESTS.—The Board may not approve the

15 guarantee of a loan under this Act unless—

16 (A) the Board has been given documenta17 tion, assurances, and access to information,

18 persons, and entities necessary, as determined

19 by the Board, to address issues relevant to the

20 review of the loan by the Board for purposes of

21 this Act; and

22 (B) the Board makes a determination in

23 writing that—

24 (i) to the best of its knowledge upon

25 due inquiry, the assets, facilities, or equip-
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1 ment covered by the loan will be utilized

2 economically and efficiently;

3 (ii) the terms, conditions, security,

4 and schedule and amount of repayments of

5 principal and the payment of interest with

6 respect to the loan protect the financial in7 terests of the United States and are rea8 sonable;

9 (iii) the value of collateral provided by

10 an applicant is at least equal to the unpaid

11 balance of the loan amount covered by the

12 loan guarantee (the ‘‘Amount’’ for pur13 poses of this clause); and if the value of

14 collateral provided by an applicant is less

15 than the Amount, the additional required

16 collateral is provided by any affiliate of the

17 applicant;

18 (iv) all necessary and required regu19 latory and other approvals, spectrum li20 censes, and delivery permissions have been

21 received for the loan and the project under

22 the loan;

23 (v) the loan would not be available on

24 reasonable terms and conditions without a

25 loan guarantee under this Act; and
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1 (vi) repayment of the loan can reason2 ably be expected.

3 (e) CONSIDERATIONS.—

4 (1) TYPE OF MARKET.—

5 (A) PRIORITY CONSIDERATIONS.—To the

6 maximum extent practicable, the Board shall

7 give priority in the approval of loan guarantees

8 under this Act in the following order:

9 (i) First, to projects that will serve

10 households in nonserved areas. In consid11 ering such projects, the Board shall bal12 ance projects that will serve the largest

13 number of households with projects that

14 will serve remote, isolated communities (in15 cluding noncontiguous States) in areas

16 that are unlikely to be served through mar17 ket mechanisms.

18 (ii) Second, to projects that will serve

19 households in underserved areas. In con20 sidering such projects, the Board shall bal21 ance projects that will serve the largest

22 number of households with projects that

23 will serve remote, isolated communities (in24 cluding noncontiguous States) in areas
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1 that are unlikely to be served through mar2 ket mechanisms.

3 Within each category, the Board shall consider

4 the project’s estimated cost per household and

5 shall give priority to those projects that provide

6 the highest quality service at the lowest cost per

7 household.

8 (B) ADDITIONAL CONSIDERATION.—The

9 Board should give additional consideration to

10 projects that also provide high-speed Internet

11 service.

12 (C) PROHIBITIONS.—The Board may not

13 approve a loan guarantee under this Act for a

14 project that—

15 (i) is designed primarily to serve 1 or

16 more of the top 40 designated market

17 areas (as that term is defined in section

18 122(j) of title 17, United States Code); or

19 (ii) would alter or remove National

20 Weather Service warnings from local

21 broadcast signals.

22 (2) OTHER CONSIDERATIONS.—The Board shall

23 consider other factors, which shall include projects

24 that would—
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1 (A) offer a separate tier of local broadcast

2 signals, but for applicable Federal, State, or

3 local laws or regulations;

4 (B) provide lower projected costs to con5 sumers of such separate tier; and

6 (C) enable the delivery of local broadcast

7 signals consistent with the purpose of this Act

8 by a means reasonably compatible with existing

9 systems or devices predominantly in use.

10 (3) FURTHER CONSIDERATION.—In imple11 menting this Act, the Board shall support the use of

12 loan guarantees for projects that would serve house13 holds not likely to be served in the absence of loan

14 guarantees under this Act.

15 (f) GUARANTEE LIMITS.—

16 (1) LIMITATION ON AGGREGATE VALUE OF

17 LOANS.—The aggregate value of all loans for which

18 loan guarantees are issued under this Act (including

19 the unguaranteed portion of such loans) may not ex20 ceed $1,250,000,000.

21 (2) GUARANTEE LEVEL.—A loan guarantee

22 issued under this Act may not exceed an amount

23 equal to 80 percent of a loan meeting in its entirety

24 the requirements of subsection (d)(2)(A). If only a

25 portion of a loan meets the requirements of that
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1 subsection, the Board shall determine that percent2 age of the loan meeting such requirements (the ‘‘ap3 plicable portion’’) and may issue a loan guarantee in

4 an amount not exceeding 80 percent of the applica5 ble portion.

6 (g) UNDERWRITING CRITERIA.—Within the period

7 provided for under subsection (b)(1), the Board shall, in

8 consultation with the Director of the Office of Manage9 ment and Budget and an independent public accounting

10 firm, develop underwriting criteria relating to the guar11 antee of loans that are consistent with the purpose of this

12 Act, including appropriate collateral and cash flow levels

13 for loans guaranteed under this Act, and such other mat14 ters as the Board considers appropriate.

15 (h) CREDIT RISK PREMIUMS.—

16 (1) ESTABLISHMENT AND ACCEPTANCE.—

17 (A) IN GENERAL.—The Board may estab18 lish and approve the acceptance of credit risk

19 premiums with respect to a loan guarantee

20 under this Act in order to cover the cost, as de21 fined in section 502(5) of the Federal Credit

22 Reform Act of 1990, of the loan guarantee. To

23 the extent that appropriations of budget author24 ity are insufficient to cover the cost, as so de25 termined, of a loan guarantee under this Act,
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1 credit risk premiums shall be accepted from a

2 non-Federal source under this subsection on be3 half of the applicant for the loan guarantee.

4 (B) AUTHORITY LIMITED BY APPROPRIA5 TIONS ACTS.—Credit risk premiums under this

6 subsection shall be imposed only to the extent

7 provided for in advance in appropriations Acts.

8 (2) CREDIT RISK PREMIUM AMOUNT.—

9 (A) IN GENERAL.—The Board shall deter10 mine the amount of any credit risk premium to

11 be accepted with respect to a loan guarantee

12 under this Act on the basis of—

13 (i) the financial and economic cir14 cumstances of the applicant for the loan

15 guarantee, including the amount of collat16 eral offered;

17 (ii) the proposed schedule of loan dis18 bursements;

19 (iii) the business plans of the appli20 cant for providing service;

21 (iv) any financial commitment from a

22 broadcast signal provider; and

23 (v) the concurrence of the Director of

24 the Office of Management and Budget as

25 to the amount of the credit risk premium.
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1 (B) PROPORTIONALITY.—To the extent

2 that appropriations of budget authority are suf3 ficient to cover the cost, as determined under

4 section 502(5) of the Federal Credit Reform

5 Act of 1990, of loan guarantees under this Act,

6 the credit risk premium with respect to each

7 loan guarantee shall be reduced proportionately.

8 (C) PAYMENT OF PREMIUMS.—Credit risk

9 premiums under this subsection shall be paid to

10 an account (the ‘‘Escrow Account’’) established

11 in the Treasury which shall accrue interest and

12 such interest shall be retained by the account,

13 subject to subparagraph (D).

14 (D) DEDUCTIONS FROM ESCROW AC15 COUNT.—If a default occurs with respect to any

16 loan guaranteed under this Act and the default

17 is not cured in accordance with the terms of the

18 underlying loan or loan guarantee agreement,

19 the Administrator, in accordance with sub20 sections (i) and (j) of section 5, shall liquidate,

21 or shall cause to be liquidated, all assets

22 collateralizing such loan as to which it has a

23 lien or security interest. Any shortfall between

24 the proceeds of the liquidation net of costs and

25 expenses relating to the liquidation, and the
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1 guarantee amount paid pursuant to this Act

2 shall be deducted from funds in the Escrow Ac3 count and credited to the Administrator for

4 payment of such shortfall. At such time as de5 termined under subsection (d)(2)(E) of this sec6 tion when all loans guaranteed under this Act

7 have been repaid or otherwise satisfied in ac8 cordance with this Act and the regulations pro9 mulgated hereunder, remaining funds in the

10 Escrow Account, if any, shall be refunded, on

11 a pro rata basis, to applicants whose loans

12 guaranteed under this Act were not in default,

13 or where any default was cured in accordance

14 with the terms of the underlying loan or loan

15 guarantee agreement.

16 (i) LIMITATIONS ON GUARANTEES FOR CERTAIN

17 CABLE OPERATORS.—Notwithstanding any other provi18 sion of this Act, no loan guarantee under this Act may

19 be granted or used to provide funds for a project that ex20 tends, upgrades, or enhances the services provided over

21 any cable system to an area that, as of the date of the

22 enactment of this Act, is covered by a cable franchise

23 agreement that expressly obligates a cable system operator

24 to serve such area.
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1 (j) JUDICIAL REVIEW.—The decision of the Board to

2 approve or disapprove the making of a loan guarantee

3 under this Act shall not be subject to judicial review.

4 (k) APPLICABILITY OF APA.—Except as otherwise

5 provided in subsection (j), the provisions of subchapter II

6 of chapter 5 and chapter 7 of title 5, United States Code

7 (commonly referred to as the Administrative Procedure

8 Act), shall apply to actions taken under this Act.

9 SEC. 1005. ADMINISTRATION OF LOAN GUARANTEES.

10 (a) IN GENERAL.—The Administrator of the Rural

11 Utilities Service (in this Act referred to as the ‘‘Adminis12 trator’’) shall issue and otherwise administer loan guaran13 tees that have been approved by the Board in accordance

14 with sections 3 and 4.

15 (b) SECURITY FOR PROTECTION OF UNITED STATES

16 FINANCIAL INTERESTS.—

17 (1) TERMS AND CONDITIONS.—An applicant

18 shall agree to such terms and conditions as are sat19 isfactory, in the judgment of the Board, to ensure

20 that, as long as any principal or interest is due and

21 payable on a loan guaranteed under this Act, the

22 applicant—

23 (A) shall maintain assets, equipment, fa24 cilities, and operations on a continuing basis;
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1 (B) shall not make any discretionary divi2 dend payments that impair its ability to repay

3 obligations guaranteed under this Act;

4 (C) shall remain sufficiently capitalized;

5 and

6 (D) shall submit to, and cooperate fully

7 with, any audit of the applicant under section

8 6(a)(2).

9 (2) COLLATERAL.—

10 (A) EXISTENCE OF ADEQUATE COLLAT11 ERAL.—An applicant shall provide the Board

12 such documentation as is necessary, in the

13 judgment of the Board, to provide satisfactory

14 evidence that appropriate and adequate collat15 eral secures a loan guaranteed under this Act.

16 (B) FORM OF COLLATERAL.—Collateral re17 quired by subparagraph (A) shall consist solely

18 of assets of the applicant, any affiliate of the

19 applicant, or both (whichever the Board con20 siders appropriate), including primary assets to

21 be used in the delivery of signals for which the

22 loan is guaranteed.

23 (C) REVIEW OF VALUATION.—The value of

24 collateral securing a loan guaranteed under this

25 Act may be reviewed by the Board, and may be
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1 adjusted downward by the Board if the Board

2 reasonably believes such adjustment is appro3 priate.

4 (3) LIEN ON INTERESTS IN ASSETS.—Upon the

5 Board’s approval of a loan guarantee under this Act,

6 the Administrator shall have liens on assets securing

7 the loan, which shall be superior to all other liens on

8 such assets, and the value of the assets (based on

9 a determination satisfactory to the Board) subject to

10 the liens shall be at least equal to the unpaid bal11 ance of the loan amount covered by the loan guar12 antee, or that value approved by the Board under

13 section 4(d)(3)(B)(iii).

14 (4) PERFECTED SECURITY INTEREST.—With

15 respect to a loan guaranteed under this Act, the Ad16 ministrator and the lender shall have a perfected se17 curity interest in assets securing the loan that are

18 fully sufficient to protect the financial interests of

19 the United States and the lender.

20 (5) INSURANCE.—In accordance with practices

21 in the private capital market, as determined by the

22 Board, the applicant for a loan guarantee under this

23 Act shall obtain, at its expense, insurance sufficient

24 to protect the financial interests of the United

25 States, as determined by the Board.
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1 (c) ASSIGNMENT OF LOAN GUARANTEES.—The hold2 er of a loan guarantee under this Act may assign the loan

3 guaranteed under this Act in whole or in part, subject to

4 such requirements as the Board may prescribe.

5 (d) EXPIRATION OF LOAN GUARANTEE UPON STRIP6 PING.—Notwithstanding subsections (c), (e), and (h), a

7 loan guarantee under this Act shall have no force or effect

8 if any part of the guaranteed portion of the loan is trans9 ferred separate and apart from the unguaranteed portion

10 of the loan.

11 (e) ADJUSTMENT.—The Board may approve the ad12 justment of any term or condition of a loan guarantee or

13 a loan guaranteed under this Act, including the rate of

14 interest, time of payment of principal or interest, or secu15 rity requirements only if—

16 (1) the adjustment is consistent with the finan17 cial interests of the United States;

18 (2) consent has been obtained from the parties

19 to the loan agreement;

20 (3) the adjustment is consistent with the under21 writing criteria developed under section 4(g);

22 (4) the adjustment does not adversely affect the

23 interest of the Federal Government in the assets or

24 collateral of the applicant;
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1 (5) the adjustment does not adversely affect the

2 ability of the applicant to repay the loan; and

3 (6) the National Telecommunications and Infor4 mation Administration has been consulted by the

5 Board regarding the adjustment.

6 (f) PERFORMANCE SCHEDULES.—

7 (1) PERFORMANCE SCHEDULES.—An applicant

8 for a loan guarantee under this Act for a project

9 covered by section 4(e)(1) shall enter into stipulated

10 performance schedules with the Administrator with

11 respect to the signals to be provided through the

12 project.

13 (2) PENALTY.—The Administrator may assess

14 against and collect from an applicant described in

15 paragraph (1) a penalty not to exceed 3 times the

16 interest due on the guaranteed loan of the applicant

17 under this Act if the applicant fails to meet its stip18 ulated performance schedule under that paragraph.

19 (g) COMPLIANCE.—The Administrator, in coopera20 tion with the Board and as the regulations of the Board

21 may provide, shall enforce compliance by an applicant, and

22 any other party to a loan guarantee for whose benefit as23 sistance under this Act is intended, with the provisions

24 of this Act, any regulations under this Act, and the terms

25 and conditions of the loan guarantee, including through
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1 the submittal of such reports and documents as the Board

2 may require in regulations prescribed by the Board and

3 through regular periodic inspections and audits.

4 (h) COMMERCIAL VALIDITY.—A loan guarantee

5 under this Act shall be incontestable—

6 (1) in the hands of an applicant on whose be7 half the loan guarantee is made, unless the applicant

8 engaged in fraud or misrepresentation in securing

9 the loan guarantee; and

10 (2) as to any person or entity (or their respec11 tive successor in interest) who makes or contracts to

12 make a loan to the applicant for the loan guarantee

13 in reliance thereon, unless such person or entity (or

14 respective successor in interest) engaged in fraud or

15 misrepresentation in making or contracting to make

16 such loan.

17 (i) DEFAULTS.—The Board shall prescribe regula18 tions governing defaults on loans guaranteed under this

19 Act, including the administration of the payment of guar20 anteed amounts upon default.

21 (j) RECOVERY OF PAYMENTS.—

22 (1) IN GENERAL.—The Administrator shall be

23 entitled to recover from an applicant for a loan

24 guarantee under this Act the amount of any pay-
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1 ment made to the holder of the guarantee with re2 spect to the loan.

3 (2) SUBROGATION.—Upon making a payment

4 described in paragraph (1), the Administrator shall

5 be subrogated to all rights of the party to whom the

6 payment is made with respect to the guarantee

7 which was the basis for the payment.

8 (3) DISPOSITION OF PROPERTY.—

9 (A) SALE OR DISPOSAL.—The Adminis10 trator shall, in an orderly and efficient manner,

11 sell or otherwise dispose of any property or

12 other interests obtained under this Act in a

13 manner that maximizes taxpayer return and is

14 consistent with the financial interests of the

15 United States.

16 (B) MAINTENANCE.—The Administrator

17 shall maintain in a cost-effective and reasonable

18 manner any property or other interests pending

19 sale or disposal of such property or other inter20 ests under subparagraph (A).

21 (k) ACTION AGAINST OBLIGOR.—

22 (1) AUTHORITY TO BRING CIVIL ACTION.—The

23 Administrator may bring a civil action in an appro24 priate district court of the United States in the

25 name of the United States or of the holder of the
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1 obligation in the event of a default on a loan guar2 anteed under this Act. The holder of a loan guar3 antee shall make available to the Administrator all

4 records and evidence necessary to prosecute the civil

5 action.

6 (2) FULLY SATISFYING OBLIGATIONS OWED

7 THE UNITED STATES.—The Administrator may ac8 cept property in satisfaction of any sums owed the

9 United States as a result of a default on a loan

10 guaranteed under this Act, but only to the extent

11 that any cash accepted by the Administrator is not

12 sufficient to satisfy fully the sums owed as a result

13 of the default.

14 (l) BREACH OF CONDITIONS.—The Administrator

15 shall commence a civil action in a court of appropriate

16 jurisdiction to enjoin any activity which the Board finds

17 is in violation of this Act, the regulations under this Act,

18 or any conditions which were duly agreed to, and to secure

19 any other appropriate relief, including relief against any

20 affiliate of the applicant.

21 (m) ATTACHMENT.—No attachment or execution

22 may be issued against the Administrator or any property

23 in the control of the Administrator pursuant to this Act

24 before the entry of a final judgment (as to which all rights

25 of appeal have expired) by a Federal, State, or other court
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1 of competent jurisdiction against the Administrator in a

2 proceeding for such action.

3 (n) FEES.—

4 (1) APPLICATION FEE.—The Board shall

5 charge and collect from an applicant for a loan guar6 antee under this Act a fee to cover the cost of the

7 Board in making necessary determinations and find8 ings with respect to the loan guarantee application

9 under this Act. The amount of the fee shall be rea10 sonable.

11 (2) LOAN GUARANTEE ORIGINATION FEE.—The

12 Board shall charge, and the Administrator may col13 lect, a loan guarantee origination fee with respect to

14 the issuance of a loan guarantee under this Act.

15 (3) USE OF FEES COLLECTED.—

16 (A) IN GENERAL.—Any fee collected under

17 this subsection shall be used, subject to sub18 paragraph (B), to offset administrative costs

19 under this Act, including costs of the Board

20 and of the Administrator.

21 (B) SUBJECT TO APPROPRIATIONS.—The

22 authority provided by this subsection shall be

23 effective only to such extent or in such amounts

24 as are provided in advance in appropriations

25 Acts.
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1 (C) LIMITATION ON FEES.—The aggregate

2 amount of fees imposed by this subsection shall

3 not exceed the actual amount of administrative

4 costs under this Act.

5 (o) REQUIREMENTS RELATING TO AFFILIATES.—

6 (1) INDEMNIFICATION.—The United States

7 shall be indemnified by any affiliate (acceptable to

8 the Board) of an applicant for a loan guarantee

9 under this Act for any losses that the United States

10 incurs as a result of—

11 (A) a judgment against the applicant or

12 any of its affiliates;

13 (B) any breach by the applicant or any of

14 its affiliates of their obligations under the loan

15 guarantee agreement;

16 (C) any violation of the provisions of this

17 Act, and the regulations prescribed under this

18 Act, by the applicant or any of its affiliates;

19 (D) any penalties incurred by the applicant

20 or any of its affiliates for any reason, including

21 violation of a stipulated performance schedule

22 under subsection (f); and

23 (E) any other circumstances that the

24 Board considers appropriate.
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1 (2) LIMITATION ON TRANSFER OF LOAN PRO2 CEEDS.—An applicant for a loan guarantee under

3 this Act may not transfer any part of the proceeds

4 of the loan to an affiliate.

5 (p) EFFECT OF BANKRUPTCY.—

6 (1) Notwithstanding any other provision of law,

7 whenever any person or entity is indebted to the

8 United States as a result of any loan guarantee

9 issued under this Act and such person or entity is

10 insolvent or is a debtor in a case under title 11,

11 United States Code, the debts due to the United

12 States shall be satisfied first.

13 (2) A discharge in bankruptcy under title 11,

14 United States Code, shall not release a person or en15 tity from an obligation to the United States in con16 nection with a loan guarantee under this Act.

17 SEC. 1006. ANNUAL AUDIT.

18 (a) REQUIREMENT.—The Comptroller General of the

19 United States shall conduct on an annual basis an audit

20 of—

21 (1) the administration of the provisions of this

22 Act; and

23 (2) the financial position of each applicant who

24 receives a loan guarantee under this Act, including
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1 the nature, amount, and purpose of investments

2 made by the applicant.

3 (b) REPORT.—The Comptroller General shall submit

4 to the Committee on Banking, Housing, and Urban Af5 fairs of the Senate and the Committee on Banking and

6 Financial Services of the House of Representatives a re7 port on each audit conducted under subsection (a).

8 SEC. 1007. IMPROVED CELLULAR SERVICE IN RURAL

9 AREAS.

10 (a) REINSTATEMENT OF APPLICANTS AS TENTATIVE

11 SELECTEES.—

12 (1) IN GENERAL.—Notwithstanding the order

13 of the Federal Communications Commission in the

14 proceeding described in paragraph (3), the Commis15 sion shall—

16 (A) reinstate each applicant as a tentative

17 selectee under the covered rural service area li18 censing proceeding; and

19 (B) permit each applicant to amend its ap20 plication, to the extent necessary to update fac21 tual information and to comply with the rules

22 of the Commission, at any time before the Com23 mission’s final licensing action in the covered

24 rural service area licensing proceeding.
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1 (2) EXEMPTION FROM PETITIONS TO DENY.—

2 For purposes of the amended applications filed pur3 suant to paragraph (1)(B), the provisions of section

4 309(d)(1) of the Communications Act of 1934 (47

5 U.S.C. 309(d)(1)) shall not apply.

6 (3) PROCEEDING.—The proceeding described in

7 this paragraph is the proceeding of the Commission

8 In re Applications of Cellwave Telephone Services

9 L.P., Futurewave General Partners L.P., and Great

10 Western Cellular Partners, 7 FCC Rcd No. 19

11 (1992).

12 (b) CONTINUATION OF LICENSE PROCEEDING; FEE

13 ASSESSMENT.—

14 (1) AWARD OF LICENSES.—The Commission

15 shall award licenses under the covered rural service

16 area licensing proceeding within 90 days after the

17 date of the enactment of this Act.

18 (2) SERVICE REQUIREMENTS.—The Commis19 sion shall provide that, as a condition of an appli20 cant receiving a license pursuant to the covered

21 rural service area licensing proceeding, the applicant

22 shall provide cellular radiotelephone service to sub23 scribers in accordance with sections 22.946 and

24 22.947 of the Commission’s rules (47 CFR 22.946,

25 22.947); except that the time period applicable
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1 under section 22.947 of the Commission’s rules (or

2 any successor rule) to the applicants identified in

3 subparagraphs (A) and (B) of subsection (d)(1)

4 shall be 3 years rather than 5 years and the waiver

5 authority of the Commission shall apply to such 3-

6 year period.

7 (3) CALCULATION OF LICENSE FEE.—

8 (A) FEE REQUIRED.—The Commission

9 shall establish a fee for each of the licenses

10 under the covered rural service area licensing

11 proceeding. In determining the amount of the

12 fee, the Commission shall consider—

13 (i) the average price paid per person

14 served in the Commission’s Cellular

15 Unserved Auction (Auction No. 12); and

16 (ii) the settlement payments required

17 to be paid by the permittees pursuant to

18 the consent decree set forth in the Com19 mission’s order, In re the Tellesis Partners

20 (7 FCC Rcd 3168 (1992)), multiplying

21 such payments by two.

22 (B) NOTICE OF FEE.—Within 30 days

23 after the date an applicant files the amended

24 application permitted by subsection (a)(1)(B),

25 the Commission shall notify each applicant of
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1 the fee established for the license associated

2 with its application.

3 (4) PAYMENT FOR LICENSES.—No later than

4 18 months after the date that an applicant is grant5 ed a license, each applicant shall pay to the Commis6 sion the fee established pursuant to paragraph (3)

7 for the license granted to the applicant under para8 graph (1).

9 (5) AUCTION AUTHORITY.—If, after the amend10 ment of an application pursuant to subsection

11 (a)(1)(B), the Commission finds that the applicant

12 is ineligible for grant of a license to provide cellular

13 radiotelephone services for a rural service area or

14 the applicant does not meet the requirements under

15 paragraph (2) of this subsection, the Commission

16 shall grant the license for which the applicant is the

17 tentative selectee (pursuant to subsection (a)(1)(B)

18 by competitive bidding pursuant to section 309(j) of

19 the Communications Act of 1934 (47 U.S.C. 309(j)).

20 (c) PROHIBITION OF TRANSFER.—During the 5-year

21 period that begins on the date that an applicant is granted

22 any license pursuant to subsection (a), the Commission

23 may not authorize the transfer or assignment of that li24 cense under section 310 of the Communications Act of

25 1934 (47 U.S.C. 310). Nothing in this Act may be con-
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1 strued to prohibit any applicant granted a license pursu2 ant to subsection (a) from contracting with other licensees

3 to improve cellular telephone service.

4 (d) DEFINITIONS.—For the purposes of this section,

5 the following definitions shall apply:

6 (1) APPLICANT.—The term ‘‘applicant’’

7 means—

8 (A) Great Western Cellular Partners, a

9 California general partnership chosen by the

10 Commission as tentative selectee for RSA #492

11 on May 4, 1989;

12 (B) Monroe Telephone Services L.P., a

13 Delaware limited partnership chosen by the

14 Commission as tentative selectee for RSA #370

15 on August 24, 1989 (formerly Cellwave Tele16 phone Services L.P.); and

17 (C) FutureWave General Partners L.P., a

18 Delaware limited partnership chosen by the

19 Commission as tentative selectee for RSA #615

20 on May 25, 1990.

21 (2) COMMISSION.—The term ‘‘Commission’’

22 means the Federal Communications Commission.

23 (3) COVERED RURAL SERVICE AREA LICENSING

24 PROCEEDING.—The term ‘‘covered rural service area

25 licensing proceeding’’ means the proceeding of the
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1 Commission for the grant of cellular radiotelephone

2 licenses for rural service areas #492 (Minnesota

3 11), #370 (Florida 11), and #615 (Pennsylvania

4 4).

5 (4) TENTATIVE SELECTEE.—The term ‘‘ten6 tative selectee’’ means a party that has been selected

7 by the Commission under a licensing proceeding for

8 grant of a license, but has not yet been granted the

9 license because the Commission has not yet deter10 mined whether the party is qualified under the Com11 mission’s rules for grant of the license.

12 SEC. 1008. TECHNICAL AMENDMENT.

13 Section 339(c) of the Communications Act of 1934

14 (47 U.S.C. 339(c)) is amended by adding at the end the

15 following new paragraph:

16 ‘‘(5) DEFINITION.—Notwithstanding subsection

17 (d)(4), for purposes of paragraphs (2) and (4) of

18 this subsection, the term ‘satellite carrier’ includes a

19 distributor (as defined in section 119(d)(1) of title

20 17, United States Code), but only if the satellite dis21 tributor’s relationship with the subscriber includes

22 billing, collection, service activation, and service de23 activation.’’.
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1 SEC. 1009. SUNSET.

2 No loan guarantee may be approved under this Act

3 after December 31, 2006.

4 SEC. 1010. DEFINITIONS.

5 In this Act:

6 (1) AFFILIATE.—The term ‘‘affiliate’’—

7 (A) means any person or entity that con8 trols, or is controlled by, or is under common

9 control with, another person or entity; and

10 (B) may include any individual who is a di11 rector or senior management officer of an affil12 iate, a shareholder controlling more than 25

13 percent of the voting securities of an affiliate,

14 or more than 25 percent of the ownership inter15 est in an affiliate not organized in stock form.

16 (2) NONSERVED AREA.—The term ‘‘nonserved

17 area’’ means any area that—

18 (A) is outside the grade B contour (as de19 termined using standards employed by the Fed20 eral Communications Commission) of the local

21 television broadcast signals serving a particular

22 designated market area; and

23 (B) does not have access to such signals by

24 any commercial, for profit, multichannel video

25 provider.
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1 (3) UNDERSERVED AREA.—The term ‘‘under2 served area’’ means any area that—

3 (A) is outside the grade A contour (as de4 termined using standards employed by the Fed5 eral Communications Commission) of the local

6 television broadcast signals serving a particular

7 designated market area; and

8 (B) has access to local television broadcast

9 signals from not more than one commercial,

10 for-profit multichannel video provider.

11 (4) COMMON TERMS.—Except as provided in

12 paragraphs (1) through (3), any term used in this

13 Act that is defined in the Communications Act of

14 1934 (47 U.S.C. 151 et seq.) has the meaning given

15 that term in the Communications Act of 1934.

16 SEC. 1011. AUTHORIZATIONS OF APPROPRIATIONS.

17 (a) COST OF LOAN GUARANTEES.—For the cost of

18 the loans guaranteed under this Act, including the cost

19 of modifying the loans, as defined in section 502 of the

20 Congressional Budget Act of 1974 (2 U.S.C. 661(a)),

21 there are authorized to be appropriated for fiscal years

22 2001 through 2006, such amounts as may be necessary.

23 (b) COST OF ADMINISTRATION.—There is hereby au24 thorized to be appropriated such sums as may be nec-
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•HR 5548 IH1S

1 essary to carry out the provisions of this Act, other than

2 to cover costs under subsection (a).

3 (c) AVAILABILITY.—Any amounts appropriated pur4 suant to the authorizations of appropriations in sub5 sections (a) and (b) shall remain available until expended.

6 SEC. 1012. PREVENTION OF INTERFERENCE TO DIRECT

7 BROADCAST SATELLITE SERVICES.

8 (a) TESTING FOR HARMFUL INTERFERENCE.—The

9 Federal Communications Commission shall provide for an

10 independent technical demonstration of any terrestrial

11 service technology proposed by any entity that has filed

12 an application to provide terrestrial service in the direct

13 broadcast satellite frequency band to determine whether

14 the terrestrial service technology proposed to be provided

15 by that entity will cause harmful interference to any direct

16 broadcast satellite service.

17 (b) TECHNICAL DEMONSTRATION.—In order to sat18 isfy the requirement of subsection (a) for any pending ap19 plication, the Commission shall select an engineering firm

20 or other qualified entity independent of any interested

21 party based on a recommendation made by the Institute

22 of Electrical and Electronics Engineers (IEEE), or a simi23 lar independent professional organization, to perform the

24 technical demonstration or analysis. The demonstration

25 shall be concluded within 60 days after the date of enact-
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1 ment of this Act and shall be subject to public notice and

2 comment for not more than 30 days thereafter.

3 (c) DEFINITIONS.—As used in this section:

4 (1) DIRECT BROADCAST SATELLITE FRE5 QUENCY BAND.—The term ‘‘direct broadcast sat6 ellite frequency band’’ means the band of frequencies

7 at 12.2 to 12.7 gigahertz.

8 (2) DIRECT BROADCAST SATELLITE SERVICE.—

9 The term ‘‘direct broadcast satellite service’’ means

10 any direct broadcast satellite system operating in the

11 direct broadcast satellite frequency band.

12 TITLE XI—ENCOURAGING IMMI13 GRANT FAMILY REUNIFICA14 TION

15 SEC. 1101. SHORT TITLE.

16 This title may be cited as—

17 (1) the ‘‘Legal Immigration Family Equity

18 Act’’; or

19 (2) the ‘‘LIFE Act’’.
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1 SEC. 1102. NONIMMIGRANT STATUS FOR SPOUSES AND

2 CHILDREN OF PERMANENT RESIDENTS

3 AWAITING THE AVAILABILITY OF AN IMMI4 GRANT VISA; PROVISIONS AFFECTING SUBSE5 QUENT ADJUSTMENT OF STATUS FOR SUCH

6 NONIMMIGRANTS.

7 (a) IN GENERAL.—Section 101(a)(15) of the Immi8 gration and Nationality Act (8 U.S.C. 1101(a)(15)) is

9 amended—

10 (1) in subparagraph (T), by striking ‘‘or’’ at

11 the end;

12 (2) in subparagraph (U), by striking the period

13 at the end and inserting ‘‘; or’’; and

14 (3) by adding at the end the following:

15 ‘‘(V) subject to section 214(o), an alien who is

16 the beneficiary (including a child of the principal

17 alien, if eligible to receive a visa under section

18 203(d)) of a petition to accord a status under sec19 tion 203(a)(2)(A) that was filed with the Attorney

20 General under section 204 on or before the date of

21 the enactment of the Legal Immigration Family Eq22 uity Act, if—

23 ‘‘(i) such petition has been pending for 3

24 years or more; or
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1 ‘‘(ii) such petition has been approved, 3

2 years or more have elapsed since such filing

3 date, and—

4 ‘‘(I) an immigrant visa is not imme5 diately available to the alien because of a

6 waiting list of applicants for visas under

7 section 203(a)(2)(A); or

8 ‘‘(II) the alien’s application for an im9 migrant visa, or the alien’s application for

10 adjustment of status under section 245,

11 pursuant to the approval of such petition,

12 remains pending.

13 (b) PROVISIONS AFFECTING NONIMMIGRANT STA14 TUS.—Section 214 of the Immigration and Nationality

15 Act (8 U.S.C. 1184) is amended by adding at the end the

16 following:

17 ‘‘(o)(1) In the case of a nonimmigrant described in

18 section 101(a)(15)(V)—

19 ‘‘(A) the Attorney General shall authorize the

20 alien to engage in employment in the United States

21 during the period of authorized admission and shall

22 provide the alien with an ‘employment authorized’

23 endorsement or other appropriate document signi24 fying authorization of employment; and
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1 ‘‘(B) the period of authorized admission as such

2 a nonimmigrant shall terminate 30 days after the

3 date on which any of the following is denied:

4 ‘‘(i) The petition filed under section 204 to

5 accord the alien a status under section

6 203(a)(2)(A) (or, in the case of a child granted

7 nonimmigrant status based on eligibility to re8 ceive a visa under section 203(d), the petition

9 filed to accord the child’s parent a status under

10 section 203(a)(2)(A)).

11 ‘‘(ii) The alien’s application for an immi12 grant visa pursuant to the approval of such pe13 tition.

14 ‘‘(iii) The alien’s application for adjust15 ment of status under section 245 pursuant to

16 the approval of such petition.

17 ‘‘(2) In determining whether an alien is eligible to

18 be admitted to the United States as a nonimmigrant under

19 section 101(a)(15)(V), the grounds for inadmissibility

20 specified in section 212(a)(9)(B) shall not apply.

21 ‘‘(3) The status of an alien physically present in the

22 United States may be adjusted by the Attorney General,

23 in the discretion of the Attorney General and under such

24 regulations as the Attorney General may prescribe, to that
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1 of a nonimmigrant under section 101(a)(15)(V), if the

2 alien—

3 ‘‘(A) applies for such adjustment;

4 ‘‘(B) satisfies the requirements of such section;

5 and

6 ‘‘(C) is eligible to be admitted to the United

7 States, except in determining such admissibility, the

8 grounds for inadmissibility specified in paragraphs

9 (6)(A), (7), and (9)(B) of section 212(a) shall not

10 apply.’’.

11 (c) PROVISIONS AFFECTING PERMANENT RESIDENT

12 STATUS.—Section 245 of the Immigration and Nation13 ality Act (8 U.S.C. 1255) is amended by adding at the

14 end the following:

15 ‘‘(m)(1) The status of a nonimmigrant described in

16 section 101(a)(15)(V) who the Attorney General deter17 mines was physically present in the United States at any

18 time during the period beginning on July 1, 2000, and

19 ending on October 1, 2000, may be adjusted by the Attor20 ney General, in the discretion of the Attorney General and

21 under such regulations as the Attorney General may pre22 scribe, to that of an alien lawfully admitted for permanent

23 residence, if—

24 ‘‘(A) the alien makes an application for such

25 adjustment;
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1 ‘‘(B) the alien is eligible to receive an immi2 grant visa and is admissible to the United States for

3 permanent residence, except in determining such ad4 missibility, the grounds for inadmissibility specified

5 in paragraphs (6)(A), (7), and (9)(B) of section

6 212(a) shall not apply; and

7 ‘‘(C) an immigrant visa is immediately available

8 to the alien at the time the alien’s application is

9 filed.

10 ‘‘(2) Paragraph (1) shall not apply to an alien who

11 has failed (other than through no fault of the alien or for

12 technical reasons) to maintain continuously a lawful status

13 since obtaining the status of a nonimmigrant described in

14 section 101(a)(15)(V).

15 ‘‘(3) Upon the approval of an application for adjust16 ment made under paragraph (1), the Attorney General

17 shall record the alien’s lawful admission for permanent

18 residence as of the date the order of the Attorney General

19 approving the application for the adjustment of status is

20 made, and the Secretary of State shall reduce by one the

21 number of the preference visas authorized to be issued

22 under sections 202 and 203 within the class to which the

23 alien is chargeable for the fiscal year then current.

24 ‘‘(4) The Attorney General may accept an application

25 for adjustment made under paragraph (1) only if the alien
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1 remits with such application a sum equalling $1,000, ex2 cept that such sum shall not be required from an alien

3 if it would not be required from the alien if the alien were

4 applying under subsection (i).

5 ‘‘(5) The sum specified in paragraph (4) shall be in

6 addition to the fee normally required for the processing

7 of an application under this section.

8 ‘‘(6)(A) The portion of each application fee (not to

9 exceed $200) that the Attorney General determines is re10 quired to process an application under this subsection

11 shall be disposed of by the Attorney General as provided

12 in subsections (m), (n), and (o) of section 286.

13 ‘‘(B) One-half of any remaining portion of such fee

14 shall be deposited by the Attorney General into the Immi15 gration Examination Fee Account established under sec16 tion 286(m), and one-half of any remaining portion of

17 such fees shall be deposited by the Attorney General into

18 the Breached Bond/Detention Fund established under sec19 tion 286(r).

20 ‘‘(7) Nothing in this subsection shall be construed as

21 precluding a nonimmigrant described in section

22 101(a)(15)(V) who is eligible for adjustment of status

23 under subsection (a) from applying for and obtaining ad24 justment under such subsection. In the case of such an

25 application, the alien shall be required to remit only the
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1 fee normally required for the processing of an application

2 under subsection (a).’’.

3 (d) CONFORMING AMENDMENTS.—

4 (1) ADMISSION OF NONIMMIGRANTS.—Section

5 214 of the Immigration and Nationality Act (8

6 U.S.C. 1184) is amended, in each of subsections (b)

7 and (h), by striking ‘‘(H)(i) or (L)’’ and inserting

8 ‘‘(H)(i), (L), or (V)’’.

9 (2) ADJUSTMENT OF STATUS.—Section 245 of

10 the Immigration and Nationality Act (8 U.S.C.

11 1255) is amended—

12 (A) in each of subsections (d) and (f), by

13 striking ‘‘under subsection (a),’’ each place such

14 term appears and inserting ‘‘under subsection

15 (a) or (m),’’; and

16 (B) in subsection (e)(1), by striking ‘‘sub17 section (a).’’ and inserting ‘‘subsection (a) or

18 (m).’’.

19 (e) EFFECTIVE DATE.—The amendments made by

20 this section shall take effect on the date of the enactment

21 of this Act and shall apply to an alien who is the bene22 ficiary of a classification petition filed under section 204

23 of the Immigration and Nationality Act on or before the

24 date of the enactment of this Act.
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1 SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND

2 CHILDREN OF CITIZENS AWAITING THE

3 AVAILABILITY OF AN IMMIGRANT VISA.

4 (a) IN GENERAL.—Section 101(a)(15)(K) of the Im5 migration and Nationality Act (8 U.S.C. 1101(a)(15)(K))

6 is amended to read as follows:

7 ‘‘(K) subject to subsections (d) and (p) of sec8 tion 214, an alien who—

9 ‘‘(i) is the fiance ́e or fiance ́ of a citizen of

10 the United States and who seeks to enter the

11 United States solely to conclude a valid mar12 riage with the petitioner within ninety days

13 after admission;

14 ‘‘(ii) has concluded a valid marriage with a

15 citizen of the United States who is the peti16 tioner, is the beneficiary of a petition to accord

17 a status under section 201(b)(2)(A)(i) that was

18 filed under section 204 by the petitioner, and

19 seeks to enter the United States to await the

20 approval of such petition and the availability to

21 the alien of an immigrant visa; or

22 ‘‘(iii) is the minor child of an alien de23 scribed in clause (i) or (ii) and is accom24 panying, or following to join, the alien;’’.

25 (b) PROVISIONS AFFECTING NONIMMIGRANT STA26 TUS.—Section 214 of the Immigration and Nationality
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1 Act (8 U.S.C. 1184), as amended by section 2 of this Act,

2 is further amended by adding at the end the following:

3 ‘‘(p)(1) A visa shall not be issued under the provi4 sions of section 101(a)(15)(K)(ii) until the consular officer

5 has received a petition filed in the United States by the

6 spouse of the applying alien and approved by the Attorney

7 General. The petition shall be in such form and contain

8 such information as the Attorney General shall, by regula9 tion, prescribe.

10 ‘‘(2) In the case of an alien seeking admission under

11 section 101(a)(15)(K)(ii) who concluded a marriage with

12 a citizen of the United States outside the United States,

13 the alien shall be considered inadmissible under section

14 212(a)(7)(B) if the alien is not at the time of application

15 for admission in possession of a valid nonimmigrant visa

16 issued by a consular officer in the foreign state in which

17 the marriage was concluded.

18 ‘‘(3) In the case of a nonimmigrant described in sec19 tion 101(a)(15)(K)(ii), and any child of such a non20 immigrant who was admitted as accompanying, or fol21 lowing to join, such a nonimmigrant, the period of author22 ized admission shall terminate 30 days after the date on

23 which any of the following is denied:
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1 ‘‘(A) The petition filed under section 204 to ac2 cord the principal alien status under section

3 201(b)(2)(A)(i).

4 ‘‘(B) The principal alien’s application for an

5 immigrant visa pursuant to the approval of such pe6 tition.

7 ‘‘(C) The principal alien’s application for ad8 justment of status under section 245 pursuant to

9 the approval of such petition.’’.

10 (c) CONFORMING AMENDMENTS.—

11 (1) ADMISSION OF NONIMMIGRANTS.—Section

12 214(d) of the Immigration and Nationality Act (8

13 U.S.C. 1184(d)) is amended by striking

14 ‘‘101(a)(15)(K)’’ and inserting ‘‘101(a)(15)(K)(i)’’.

15 (2) CONDITIONAL PERMANENT RESIDENT STA16 TUS.—Section 216 of the Immigration and Nation17 ality Act (8 U.S.C. 1186a) is amended, in each of

18 subsections (b)(1)(B) and (d)(1)(A)(ii), by striking

19 ‘‘214(d)’’ and inserting ‘‘subsection (d) or (p) of sec20 tion 214’’.

21 (3) ADJUSTMENT OF STATUS.—Section 245 of

22 the Immigration and Nationality Act (8 U.S.C.

23 1255) is amended—
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1 (A) in subsection (d), by striking ‘‘(relat2 ing to an alien fiancee or fiance or the minor

3 child of such alien)’’; and

4 (B) in subsection (e)(3), by striking

5 ‘‘214(d)’’ and inserting ‘‘subsection (d) or (p)

6 of section 214’’.

7 (d) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect on the date of the enactment

9 of this Act and shall apply to an alien who is the bene10 ficiary of a classification petition filed under section 204

11 of the Immigration and Nationality Act before, on, or

12 after the date of the enactment of this Act.

13 SEC. 1104. ADJUSTMENT OF STATUS OF CERTAIN CLASS AC14 TION PARTICIPANTS WHO ENTERED BEFORE

15 JANUARY 1, 1982, TO THAT OF PERSON AD16 MITTED FOR LAWFUL RESIDENCE.

17 (a) IN GENERAL.—In the case of an eligible alien de18 scribed in subsection (b), the provisions of section 245A

19 of the Immigration and Nationality Act (8 U.S.C. 1255a),

20 as modified by subsection (c), shall apply to the alien.

21 (b) ELIGIBLE ALIENS DESCRIBED.—An alien is an

22 eligible alien described in this subsection if, before October

23 1, 2000, the alien filed with the Attorney General a writ24 ten claim for class membership, with or without a filing

25 fee, pursuant to a court order issued in the case of—
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1 (1) Catholic Social Services, Inc. v. Meese, va2 cated sub nom. Reno v. Catholic Social Services,

3 Inc., 509 U.S. 43 (1993); or

4 (2) League of United Latin American Citizens

5 v. INS, vacated sub nom. Reno v. Catholic Social

6 Services, Inc., 509 U.S. 43 (1993).

7 (c) MODIFICATIONS TO PROVISIONS GOVERNING AD8 JUSTMENT OF STATUS.—The modifications to section

9 245A of the Immigration and Nationality Act that apply

10 to an eligible alien described in subsection (b) of this sec11 tion are the following:

12 (1) TEMPORARY RESIDENT STATUS.—Sub13 section (a) of such section 245A shall not apply.

14 (2) ADJUSTMENT TO PERMANENT RESIDENT

15 STATUS.—In lieu of paragraphs (1) and (2) of sub16 section (b) of such section 245A, the Attorney Gen17 eral shall be required to adjust the status of an eligi18 ble alien described in subsection (b) of this section

19 to that of an alien lawfully admitted for permanent

20 residence if the alien meets the following require21 ments:

22 (A) APPLICATION PERIOD.—The alien

23 must file with the Attorney General an applica24 tion for such adjustment during the 12-month

25 period beginning on the date on which the At-
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1 torney General issues final regulations to imple2 ment this section.

3 (B) CONTINUOUS UNLAWFUL RESI4 DENCE.—

5 (i) IN GENERAL.—The alien must es6 tablish that the alien entered the United

7 States before January 1, 1982, and that

8 he or she has resided continuously in the

9 United States in an unlawful status since

10 such date and through May 4, 1988. In

11 determining whether an alien maintained

12 continuous unlawful residence in the

13 United States for purposes of this subpara14 graph, the regulations prescribed by the

15 Attorney General under section 245A(g) of

16 the Immigration and Nationality Act that

17 were most recently in effect before the date

18 of the enactment of this Act shall apply.

19 (ii) NONIMMIGRANTS.—In the case of

20 an alien who entered the United States as

21 a nonimmigrant before January 1, 1982,

22 the alien must establish that the alien’s pe23 riod of authorized stay as a nonimmigrant

24 expired before such date through the pas25 sage of time or the alien’s unlawful status
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1 was known to the Government as of such

2 date.

3 (iii) EXCHANGE VISITORS.—If the

4 alien was at any time a nonimmigrant ex5 change alien (as defined in section

6 101(a)(15)(J) of the Immigration and Na7 tionality Act (8 U.S.C. 1101(a)(15)(J)),

8 the alien must establish that the alien was

9 not subject to the two-year foreign resi10 dence requirement of section 212(e) of

11 such Act or has fulfilled that requirement

12 or received a waiver thereof.

13 (iv) CUBAN AND HAITIAN EN14 TRANTS.—For purposes of this section, an

15 alien in the status of a Cuban and Haitian

16 entrant described in paragraph (1) or

17 (2)(A) of section 501(e) of Public Law 96–

18 422 shall be considered to have entered the

19 United States and to be in an unlawful

20 status in the United States.

21 (C) CONTINUOUS PHYSICAL PRESENCE.—

22 (i) IN GENERAL.—The alien must es23 tablish that the alien was continuously

24 physically present in the United States

25 during the period beginning on November
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1 6, 1986, and ending on May 4, 1988, ex2 cept that—

3 (I) an alien shall not be consid4 ered to have failed to maintain contin5 uous physical presence in the United

6 States for purposes of this subpara7 graph by virtue of brief, casual, and

8 innocent absences from the United

9 States; and

10 (II) brief, casual, and innocent

11 absences from the United States shall

12 not be limited to absences with ad13 vance parole.

14 (ii) ADMISSIONS.—Nothing in this

15 section shall be construed as authorizing

16 an alien to apply for admission to, or to be

17 admitted to, the United States in order to

18 apply for adjustment of status under this

19 section or section 245A of the Immigration

20 and Nationality Act.

21 (D) ADMISSIBLE AS IMMIGRANT.—The

22 alien must establish that the alien—

23 (i) is admissible to the United States

24 as an immigrant, except as otherwise pro-
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1 vided under section 245A(d)(2) of the Im2 migration and Nationality Act;

3 (ii) has not been convicted of any fel4 ony or of three or more misdemeanors

5 committed in the United States;

6 (iii) has not assisted in the persecu7 tion of any person or persons on account

8 of race, religion, nationality, membership

9 in a particular social group, or political

10 opinion; and

11 (iv) is registered or registering under

12 the Military Selective Service Act, if the

13 alien is required to be so registered under

14 that Act.

15 (E) BASIC CITIZENSHIP SKILLS.—

16 (i) IN GENERAL.—The alien must

17 demonstrate that the alien either—

18 (I) meets the requirements of

19 section 312(a) of the Immigration and

20 Nationality Act (8 U.S.C. 1423(a))

21 (relating to minimal understanding of

22 ordinary English and a knowledge and

23 understanding of the history and gov24 ernment of the United States); or
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1 (II) is satisfactorily pursuing a

2 course of study (recognized by the At3 torney General) to achieve such an

4 understanding of English and such a

5 knowledge and understanding of the

6 history and government of the United

7 States.

8 (ii) EXCEPTION FOR ELDERLY OR DE9 VELOPMENTALLY DISABLED INDIVID10 UALS.—The Attorney General may, in the

11 discretion of the Attorney General, waive

12 all or part of the requirements of clause (i)

13 in the case of an alien who is 65 years of

14 age or older or who is developmentally dis15 abled.

16 (iii) RELATION TO NATURALIZATION

17 EXAMINATION.—In accordance with regu18 lations of the Attorney General, an alien

19 who has demonstrated under clause (i)(I)

20 that the alien meets the requirements of

21 section 312(a) of the Immigration and Na22 tionality Act may be considered to have

23 satisfied the requirements of that section

24 for purposes of becoming naturalized as a
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1 citizen of the United States under title III

2 of such Act.

3 (3) TEMPORARY STAY OF REMOVAL, AUTHOR4 IZED TRAVEL, AND EMPLOYMENT DURING PEND5 ENCY OF APPLICATION.—In lieu of subsections

6 (b)(3) and (e)(2) of such section 245A, the Attorney

7 General shall provide that, in the case of an eligible

8 alien described in subsection (b) of this section who

9 presents a prima facie application for adjustment of

10 status to that of an alien lawfully admitted for per11 manent residence under such section 245A during

12 the application period described in paragraph (2)(A),

13 until a final determination on the application has

14 been made—

15 (A) the alien may not be deported or re16 moved from the United States;

17 (B) the Attorney General shall, in accord18 ance with regulations, permit the alien to re19 turn to the United States after such brief and

20 casual trips abroad as reflect an intention on

21 the part of the alien to adjust to lawful perma22 nent resident status and after brief temporary

23 trips abroad occasioned by a family obligation

24 involving an occurrence such as the illness or
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1 death of a close relative or other family need;

2 and

3 (C) the Attorney General shall grant the

4 alien authorization to engage in employment in

5 the United States and provide to that alien an

6 ‘‘employment authorized’’ endorsement or other

7 appropriate work permit.

8 (4) APPLICATIONS.—Paragraphs (1) through

9 (4) of subsection (c) of such section 245A shall not

10 apply.

11 (5) CONFIDENTIALITY OF INFORMATION.—Sub12 section (c)(5) of such section 245A shall apply to in13 formation furnished by an eligible alien described in

14 subsection (b) pursuant to any application filed

15 under such section 245A or this section, except that

16 the Attorney General (and other officials and em17 ployees of the Department of Justice and any bu18 reau or agency thereof) may use such information

19 for purposes of rescinding, pursuant to section

20 246(a) of the Immigration and Nationality Act (8

21 U.S.C. 1256(a)), any adjustment of status obtained

22 by the alien.

23 (6) USE OF FEES FOR IMMIGRATION-RELATED

24 UNFAIR EMPLOYMENT PRACTICES.—Notwith25 standing subsection (c)(7)(C) of such section 245A,
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1 no application fee paid to the Attorney General pur2 suant to this section by an eligible alien described in

3 subsection (b) of this section shall be available in

4 any fiscal year for the purpose described in such

5 subsection (c)(7)(C).

6 (7) TEMPORARY STAY OF REMOVAL AND WORK

7 AUTHORIZATION FOR CERTAIN APPLICANTS BEFORE

8 APPLICATION PERIOD.—In lieu of subsection (e)(1)

9 of such section 245A, the Attorney General shall

10 provide that in the case of an eligible alien described

11 in subsection (b) of this section who is apprehended

12 before the beginning of the application period de13 scribed in paragraph (2)(A) and who can establish

14 a prima facie case of eligibility to have his status ad15 justed under such section 245A pursuant to this sec16 tion (but for the fact that he may not apply for such

17 adjustment until the beginning of such period), until

18 the alien has had the opportunity during the first 30

19 days of the application period to complete the filing

20 of an application for adjustment, the alien—

21 (A) may not be deported or removed from

22 the United States; and

23 (B) shall be granted authorization to en24 gage in employment in the United States and
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1 be provided an ‘‘employment authorized’’ en2 dorsement or other appropriate work permit.

3 (8) JURISDICTION OF COURTS.—Effective as of

4 November 6, 1986, subsection (f)(4)(C) of such sec5 tion 245A shall not apply to an eligible alien de6 scribed in subsection (b) of this section.

7 (9) PUBLIC WELFARE ASSISTANCE.—Subsection

8 (h) of such section 245A shall not apply.

9 (d) APPLICATIONS FROM ABROAD.—The Attorney

10 General shall establish a process under which an alien who

11 has become eligible to apply for adjustment of status to

12 that of an alien lawfully admitted for permanent residence

13 as a result of the enactment of this section and who is

14 not physically present in the United States may apply for

15 such adjustment from abroad.

16 (e) DEADLINE FOR REGULATIONS.—The Attorney

17 General shall issue regulations to implement this section

18 not later than 120 days after the date of the enactment

19 of this Act.

20 (f) ADMINISTRATIVE AND JUDICIAL REVIEW.—The

21 provisions of subparagraphs (A) and (B) of section

22 245A(f)(4) of the Immigration and Nationality Act (8

23 U.S.C. 1255a(f)(4)) shall apply to administrative or judi24 cial review of a determination under this section or of a

25 determination respecting an application for adjustment of
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1 status under section 245A of the Immigration and Nation2 ality Act filed pursuant to this section.

3 (g) DEFINITION.—For purposes of this section, the

4 term ‘‘such section 245A’’ means section 245A of the Im5 migration and Nationality Act (8 U.S.C. 1255a).

6 Titles I through VII of this Act may be cited as the

7 ‘‘Departments of Commerce, Justice, and State, the Judi8 ciary, and Related Agencies Appropriations Act, 2001’’.

Æ