PUBLIC LAW 106–553—DEC. 21, 2000

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FEDERAL FUNDING, FISCAL YEAR 2001

114 STAT. 2762 PUBLIC LAW 106–553—DEC. 21, 2000

LEGISLATIVE HISTORY—H.R. 4942 (S. 3041):

HOUSE REPORTS: Nos. 106–786 (Comm. on Appropriations) and 106–1005 (Comm.

of Conference).

SENATE REPORTS: No. 106–409 accompanying S. 3041 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 26, Sept. 14, considered and passed House.

Sept. 27, considered and passed Senate, amended, in lieu of S. 3041.

Oct. 26, House agreed to conference report.

Oct. 27, Senate agreed to conference report.

*ENDNOTE: The following appendixes were added pursuant to the provisions of section 1

of this Act. Appendix A was repealed and deemed never to have been enacted by section 406

of Public Law 106–554 (114 Stat. 2763A–189). Appendix B was recertified as an authentic copy

of the bill.

Æ

*Public Law 106–553

106th Congress

An Act

Making appropriations for the government of the District of Columbia and other

activities chargeable in whole or in part against the revenues of said District

for the fiscal year ending September 30, 2001, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. (a) The provisions of the following bills of the

106th Congress are hereby enacted into law:

(1) H.R. 5547, as introduced on October 25, 2000.

(2) H.R. 5548, as introduced on October 25, 2000.

(b) In publishing this Act in slip form and in the United

States Statutes at Large pursuant to section 112 of title 1, United

States Code, the Archivist of the United States shall include after

the date of approval at the end appendixes setting forth the texts

of the bills referred to in subsection (a) of this section.

Approved December 21, 2000.

Publication.

1 USC 112 note.

Repealed.

Incorporation by

reference.

Dec. 21, 2000

[H.R. 4942]

PUBLIC LAW 106–553—APPENDIX 114 STAT. 2762A–1

TABLE OF CONTENTS

The table of contents is as follows:

APPENDIX A—H.R. 5547

APPENDIX B—H.R. 5548

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–3

[This appendix was repealed and deemed never to have been enacted

by section 406 of Public Law 106–554, 114 Stat. 2763A–189]

APPENDIX A—H.R. 5547

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending September 30, 2001, and for other

purposes, namely:

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia for a nationwide program to be administered by the Mayor for District of

Columbia resident tuition support, $17,000,000, to remain available

until expended: Provided, That such funds may be used on behalf

of eligible District of Columbia residents to pay an amount based

upon the difference between in-State and out-of-State tuition at

public institutions of higher education, usable at both public and

private institutions for higher education: Provided further, That

the awarding of such funds may be prioritized on the basis of

a resident’s academic merit and such other factors as may be

authorized.

FEDERAL PAYMENT FOR INCENTIVES FOR ADOPTION OF CHILDREN

The paragraph under the heading ‘‘Federal Payment for Incentives for Adoption of Children’’ in Public Law 106–113, approved

November 29, 1999 (113 Stat. 1501), is amended to read as follows:

‘‘For a Federal payment to the District of Columbia to create incentives to promote the adoption of children in the District of Columbia

foster care system, $5,000,000: Provided, That such funds shall

remain available until September 30, 2002, and shall be used to

carry out all of the provisions of title 38, except for section 3808,

of the Fiscal Year 2001 Budget Support Act of 2000, D.C. Bill

13–679, enrolled June 12, 2000.’’.

FEDERAL PAYMENT TO THE CHIEF FINANCIAL OFFICER OF THE

DISTRICT OF COLUMBIA

For a Federal payment to the Chief Financial Officer of the

District of Columbia, $1,250,000, of which $250,000 shall be for

payment to a mentoring program and for hotline services; $250,000

shall be for payment to a youth development program with a

character building curriculum; $250,000 shall be for payment to

a basic values training program; and $500,000, to remain available

114 STAT. 2762A–4 PUBLIC LAW 106–553—APPENDIX A

until expended, shall be for the design, construction, and maintenance of a trash rack system to be installed at the Hickey Run

stormwater outfall.

FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION PROGRAM

For a Federal payment to the District of Columbia, $1,500,000,

to remain available until expended, for the Mayor, in consultation

with the Council of the District of Columbia, to provide offsets

against local taxes for a commercial revitalization program, such

program to provide financial inducements, including loans, grants,

offsets to local taxes and other instruments that promote commercial revitalization in Enterprise Zones and low and moderate income

areas in the District of Columbia: Provided, That in carrying out

such a program, the Mayor shall use Federal commercial revitalization proposals introduced in Congress as a guideline: Provided

further, That not later than 180 days after the date of the enactment

of this Act, the Mayor shall report to the Committees on Appropriations of the Senate and House of Representatives on the progress

made in carrying out the commercial revitalization program.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS

For a Federal payment to the District of Columbia Public

Schools, $500,000: Provided, That $250,000 of said amount shall

be used for a program to reduce school violence: Provided further,

That $250,000 of said amount shall be used for a program to

enhance the reading skills of District public school students.

FEDERAL PAYMENT TO THE METROPOLITAN POLICE DEPARTMENT

For a Federal payment to the Metropolitan Police Department,

$100,000: Provided, That said funds shall be used to fund a youth

safe haven police mini-station for mentoring high risk youth.

FEDERAL CONTRIBUTION TO COVENANT HOUSE WASHINGTON

For a Federal contribution to Covenant House Washington

for a contribution to the construction in Southeast Washington

of a new community service center for homeless, runaway and

at-risk youth, $500,000.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA CORRECTIONS

TRUSTEE OPERATIONS

For salaries and expenses of the District of Columbia Corrections Trustee, $134,200,000 for the administration and operation

of correctional facilities and for the administrative operating costs

of the Office of the Corrections Trustee, as authorized by section

11202 of the National Capital Revitalization and Self-Government

Improvement Act of 1997 (Public Law 105–33; 111 Stat. 712) of

which $1,000,000 is to fund an initiative to improve case processing

in the District of Columbia criminal justice system: Provided, That

notwithstanding any other provision of law, funds appropriated

in this Act for the District of Columbia Corrections Trustee shall

be apportioned quarterly by the Office of Management and Budget

and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–5

further, That in addition to the funds provided under this heading,

the District of Columbia Corrections Trustee may use any remaining

interest earned on the Federal payment made to the Trustee under

the District of Columbia Appropriations Act, 1998, to carry out

the activities funded under this heading.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, $105,000,000 to be allocated as follows: for the District of Columbia

Court of Appeals, $7,409,000; for the District of Columbia Superior

Court, $71,121,000; for the District of Columbia Court System,

$17,890,000; $5,255,000 to finance a pay adjustment of 8.48 percent

for nonjudicial employees; and $3,325,000, including $825,000 for

roofing repairs to the facility commonly referred to as the Old

Courthouse and located at 451 Indiana Avenue, Northwest, to

remain available until September 30, 2002, for capital improvements for District of Columbia courthouse facilities: Provided, That

none of the funds in this Act or in any other Act shall be available

for the purchase, installation, or operation of an Integrated Justice

Information System until a detailed plan and design has been

submitted by the courts and approved by the Committees on Appropriations of the House of Representatives and the Senate: Provided

further, That notwithstanding any other provision of law, all

amounts under this heading shall be apportioned quarterly by

the Office of Management and Budget and obligated and expended

in the same manner as funds appropriated for salaries and expenses

of other Federal agencies, with payroll and financial services to

be provided on a contractual basis with the General Services

Administration (GSA), said services to include the preparation of

monthly financial reports, copies of which shall be submitted

directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee

on Government Reform of the House of Representatives.

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section

11–2605, D.C. Code (relating to representation provided under the

District of Columbia Criminal Justice Act), payments for counsel

appointed in proceedings in the Family Division of the Superior

Court of the District of Columbia under chapter 23 of title 16,

D.C. Code, and payments for counsel authorized under section

21–2060, D.C. Code (relating to representation provided under the

District of Columbia Guardianship, Protective Proceedings, and

Durable Power of Attorney Act of 1986), $34,387,000, to remain

available until expended: Provided, That the funds provided in

this Act under the heading ‘‘Federal Payment to the District of

Columbia Courts’’ (other than the $3,325,000 provided under such

heading for capital improvements for District of Columbia courthouse facilities) may also be used for payments under this heading:

Provided further, That, in addition to the funds provided under

this heading, the Joint Committee on Judicial Administration in

the District of Columbia shall use funds provided in this Act under

the heading ‘‘Federal Payment to the District of Columbia Courts’’ (other than the $3,325,000 provided under such heading for capital

improvements for District of Columbia courthouse facilities), to

114 STAT. 2762A–6 PUBLIC LAW 106–553—APPENDIX A

make payments described under this heading for obligations

incurred during any fiscal year: Provided further, That such funds

shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be

apportioned quarterly by the Office of Management and Budget

and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and

financial services to be provided on a contractual basis with the

General Services Administration (GSA), said services to include

the preparation of monthly financial reports, copies of which shall

be submitted directly by GSA to the President and to the Committees on Appropriations of the Senate and House of Representatives,

the Committee on Governmental Affairs of the Senate, and the

Committee on Government Reform of the House of Representatives:

Provided further, That the District of Columbia Courts shall implement the recommendations in the General Accounting Office Report

GAO/AIMD/OGC–99–226 regarding payments to court-appointed

attorneys and shall report quarterly to the Office of Management

and Budget and to the House and Senate Appropriations Committees on the status of these reforms.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses, including the transfer and hire

of motor vehicles, of the Court Services and Offender Supervision

Agency for the District of Columbia, as authorized by the National

Capital Revitalization and Self-Government Improvement Act of

1997 (Public Law 105–33; 111 Stat. 712), $112,527,000, of which

$67,521,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating

to supervision of adults subject to protection orders or provision

of services for or related to such persons; $18,778,000 shall be

transferred to the Public Defender Service; and $26,228,000 shall

be available to the Pretrial Services Agency: Provided, That of

the amount provided under this heading, $17,854,000 shall be used

to improve pretrial defendant and post-conviction offender supervision, enhance drug testing and sanctions-based treatment programs and other treatment services, expand intermediate sanctions

and offender re-entry programs, continue planning and design

proposals for a residential Sanctions Center and improve administrative infrastructure, including information technology; and

$836,000 of the $17,854,000 referred to in this proviso is for the

Public Defender Service: Provided further, That notwithstanding

any other provision of law, all amounts under this heading shall

be apportioned quarterly by the Office of Management and Budget

and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided

further, That notwithstanding section 446 of the District of Columbia Home Rule Act or any provision of subchapter III of chapter

13 of title 31, United States Code, the use of interest earned

on the Federal payment made to the District of Columbia Offender

Supervision, Defender, and Court Services Agency under the District of Columbia Appropriations Act, 1998, by the Agency during

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–7

fiscal years 1998 and 1999 shall not constitute a violation of such

Act or such subchapter.

FEDERAL PAYMENT FOR WASHINGTON INTERFAITH NETWORK

For a Federal payment to the Washington Interfaith Network

to reimburse the Network for costs incurred in carrying out

preconstruction activities at the former Fort Dupont Dwellings and

Additions, $1,000,000: Provided, That such activities may include

architectural and engineering studies, property appraisals, environmental assessments, grading and excavation, landscaping, paving,

and the installation of curbs, gutters, sidewalks, sewer lines, and

other utilities: Provided further, That the Secretary of the Treasury

shall make such payment only after the Network has received

matching funds from private sources (including funds provided

through loans) to carry out such activities in an aggregate amount

which is equal to the amount of such payment (as certified by

the Inspector General of the District of Columbia) and has provided

the Secretary of the Treasury with a request for reimbursement

which contains documentation certified by the Inspector General

of the District of Columbia showing that the Network carried out

the activities and that the costs incurred in carrying out the activities were equal to or less than the amount of the reimbursement

requested: Provided further, That none of the funds provided under

this heading may be obligated or expended after December 31,

2001 (without regard to whether the activities involved were carried

out prior to such date).

FEDERAL PAYMENT FOR PLAN TO SIMPLIFY EMPLOYEE

COMPENSATION SYSTEMS

For a Federal payment to the Mayor of the District of Columbia

for a contract for the study and development of a plan to simplify

the compensation systems, schedules, and work rules applicable

to employees of the District government, $250,000: Provided, That

under the terms of the contract the plan shall include (at a minimum) a review of the current compensation systems, schedules,

and work rules applicable to such employees; a review of the best

practices regarding the compensation systems, schedules, and work

rules of State and local governments and other appropriate

organizations; a proposal for simplifying the systems, schedules,

and rules applicable to employees of the District government; and

the development of strategies for implementing such proposal,

including an identification of any statutory, contractual, or other

barriers to implementing the proposal and an estimated time frame

for implementing the proposal: Provided further, That under the

terms of the contract the contractor shall submit the plan to the

Mayor and to the Committees on Appropriations of the House

of Representatives and Senate: Provided further, That the Mayor

shall develop a proposed solicitation for the contract not later than

90 days after the date of the enactment of this Act and shall

submit a copy of the proposed solicitation to the Comptroller General for review at least 90 days prior to the issuance of such

solicitation: Provided further, That not later than 45 days after

receiving the proposed solicitation from the Mayor, the Comptroller

General shall review the solicitation to ensure that it adequately

addresses all of the necessary elements described under this heading

and report to the Committees on Appropriations of the House

114 STAT. 2762A–8 PUBLIC LAW 106–553—APPENDIX A

of Representatives and Senate on the results of this review: Provided further, That for purposes of this contract the term ‘‘District

government’’ has the meaning given such term in section 305(5)

of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–393(5), D.C. Code), except

that such term shall not include the courts of the District of Columbia and shall include the District of Columbia Financial Responsibility and Management Assistance Authority.

METRORAIL CONSTRUCTION

For the Washington Metropolitan Area Transit Authority (WMATA), a contribution of $25,000,000, to remain available until

expended, to design and build a Metrorail station located at New

York and Florida Avenues, Northeast: Provided, That prior to the

release of said funds from the U.S. Treasury, the District of Columbia shall set aside an additional $25,000,000 for this project in

its Fiscal Year 2001 Budget and Financial Plan and, further, shall

establish a special taxing district for the neighborhood of the proposed Metrorail station to provide $25,000,000: Provided further, That the requirements of 49 U.S.C. 5309(a)(2) shall apply to this

project.

FEDERAL PAYMENT FOR BROWNFIELD REMEDIATION

For a Federal payment to the District of Columbia, $3,450,000

for environmental and infrastructure costs at Poplar Point: Provided, That of said amount, $2,150,000 shall be available for

environmental assessment, site remediation, and wetlands restoration of the 11 acres of real property under the jurisdiction of

the District of Columbia: Provided further, That no more than

$1,300,000 shall be used for infrastructure costs for an entrance

to Anacostia Park: Provided further, That none of said funds shall

be used by the District of Columbia to purchase private property

in the Poplar Point area.

PRESIDENTIAL INAUGURATION

For a payment to the District of Columbia to reimburse the

District for expenses incurred in connection with Presidential inauguration activities, $5,961,000, as authorized by section 737(b) of

the District of Columbia Home Rule Act, approved December 24,

1973 (87 Stat. 824; D.C. Code, sec. 1–1132), which shall be apportioned by the Chief Financial Officer within the various appropriation headings in this Act.

CHILDREN’S NATIONAL MEDICAL CENTER

For a Federal contribution to the Children’s National Medical

Center in the District of Columbia, $500,000 to be used for the

network of satellite pediatric health clinics for children and families

in underserved neighborhoods and communities in the District of

Columbia.

CHILD ADVOCACY CENTER

For a Federal contribution to the Child Advocacy Center for its Safe Shores program, $500,000.

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–9

ST. COLETTA OF GREATER WASHINGTON EXPANSION PROJECT

For a Federal contribution to St. Coletta of Greater Washington,

Inc. for costs associated with the establishment of a day program

and comprehensive case management services for mentally retarded

and multiple-handicapped adolescents and adults in the District

of Columbia, including property acquisition and construction,

$1,000,000.

DISTRICT OF COLUMBIA SPECIAL OLYMPICS

For a Federal contribution to the District of Columbia Special

Olympics, $250,000.

DISTRICT OF COLUMBIA FUNDS

OPERATING EXPENSES

DIVISION OF EXPENSES

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia, except as otherwise specifically provided:

Provided, That notwithstanding any other provision of law, except

as provided in section 450A of the District of Columbia Home

Rule Act and section 126 of this Act, the total amount appropriated

in this Act for operating expenses for the District of Columbia

for fiscal year 2001 under this heading shall not exceed the lesser

of the sum of the total revenues of the District of Columbia for

such fiscal year or $5,677,379,000 (of which $172,607,000 shall

be from intra-District funds and $3,250,783,000 shall be from local

funds): Provided further, That the Chief Financial Officer of the

District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority shall take such steps

as are necessary to assure that the District of Columbia meets

these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to

the District during fiscal year 2001, except that the Chief Financial

Officer may not reprogram for operating expenses any funds derived

from bonds, notes, or other obligations issued for capital projects.

DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

MANAGEMENT ASSISTANCE AUTHORITY

For the District of Columbia Financial Responsibility and

Management Assistance Authority (Authority), established by section 101(a) of the District of Columbia Financial Responsibility

and Management Assistance Act of 1995 (109 Stat. 97; Public

Law 104–8), $3,140,000: Provided, That these funds be derived

from accounts held by the Authority on behalf of the District of

Columbia: Provided further, That none of the funds contained in

this Act may be used to pay any compensation of the Executive

Director or General Counsel of the Authority at a rate in excess

of the maximum rate of compensation which may be paid to such

individual during fiscal year 2001 under section 102 of such Act,

as determined by the Comptroller General (as described in GAO

letter report B–279095.2): Provided further, That none of the funds

contained in this Act or any other funds available to the Authority

114 STAT. 2762A–10 PUBLIC LAW 106–553—APPENDIX A

or any other entity of the District of Columbia government from

any source (including any accounts of the Authority) may be used

for any payments (including but not limited to severance or bonus

payments, and payments under agreements in effect before the

enactment of this Act) to any individual upon or following the

individual’s separation from employment with the Authority (other

than a payment of the individual’s regular salary for services performed prior to separation or a payment for unused annual leave

accrued by the individual), except that an individual who is

employed by the Authority during the entire period which begins

on the date of the enactment of this Act and ends on September

30, 2001, may receive a severance payment after such date in

an aggregate amount which does not exceed the product of 200

percent of the individual’s average weekly salary during the final

12-month period (or portion thereof ) during which the individual

was employed by the Authority and the number of full years during

which the individual was employed by the Authority.

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $195,771,000 (including

$162,172,000 from local funds, $20,424,000 from Federal funds,

and $13,175,000 from other funds): Provided, That not to exceed

$2,500 for the Mayor, $2,500 for the Chairman of the Council

of the District of Columbia, and $2,500 for the City Administrator

shall be available from this appropriation for official purposes:

Provided further, That any program fees collected from the issuance

of debt shall be available for the payment of expenses of the debt

management program of the District of Columbia: Provided further,

That no revenues from Federal sources shall be used to support

the operations or activities of the Statehood Commission and Statehood Compact Commission: Provided further, That the District of

Columbia shall identify the sources of funding for Admission to

Statehood from its own locally-generated revenues: Provided further,

That all employees permanently assigned to work in the Office

of the Mayor shall be paid from funds allocated to the Office

of the Mayor: Provided further, That notwithstanding any other

provision of law, or Mayor’s Order 86–45, issued March 18, 1986,

the Office of the Chief Technology Officer’s delegated small purchase

authority shall be $500,000: Provided further, That the District

of Columbia government may not require the Office of the Chief

Technology Officer to submit to any other procurement review process, or to obtain the approval of or be restricted in any manner

by any official or employee of the District of Columbia government,

for purchases that do not exceed $500,000: Provided further, That

$303,000 and no fewer than 5 FTEs shall be available exclusively

to support the Labor-Management Partnership Council: Provided

further, That, effective September 30, 2000, section 168(a) of the

District of Columbia Appropriations Act, 2000 (Public Law 106–

113; 113 Stat. 1531) is amended by inserting ‘‘, to remain available

until expended,’’ after ‘‘$5,000,000’’: Provided further, That not later

than March 1, 2001, the Chief Financial Officer of the District

of Columbia shall submit a study to the Committees on Appropriations of the House of Representatives and Senate on the merits

and potential savings of privatizing the operation and administration of Saint Elizabeths Hospital.

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–11

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $205,638,000 (including $53,562,000 from local funds, $92,378,000 from Federal funds, and

$59,698,000 from other funds), of which $15,000,000 collected by

the District of Columbia in the form of BID tax revenue shall

be paid to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. Law 11–134; D.C. Code, sec.

1–2271 et seq.), and the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12–26): Provided, That such funds

are available for acquiring services provided by the General Services

Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District of Columbia.

PUBLIC SAFETY AND JUSTICE

Public safety and justice, including purchase or lease of 135

passenger carrying vehicles for replacement only, including 130

for police-type use and five for fire-type use, without regard to

the general purchase price limitation for the current fiscal year,

and such sums as may be necessary for making refunds and for

the payment of judgments that have been entered against the

District of Columbia government $762,546,000 (including

$591,565,000 from local funds, $24,950,000 from Federal funds,

and $146,031,000 from other funds): Provided, That the Metropolitan Police Department is authorized to replace not to exceed 25

passenger-carrying vehicles and the Department of Fire and Emergency Medical Services of the District of Columbia is authorized

to replace not to exceed five passenger-carrying vehicles annually

whenever the cost of repair to any damaged vehicle exceeds threefourths of the cost of the replacement: Provided further, That not

to exceed $500,000 shall be available from this appropriation for

the Chief of Police for the prevention and detection of crime: Provided further, That notwithstanding any other provision of law,

or Mayor’s Order 86–45, issued March 18, 1986, the Metropolitan

Police Department’s delegated small purchase authority shall be $500,000: Provided further, That the District of Columbia government may not require the Metropolitan Police Department to submit

to any other procurement review process, or to obtain the approval

of or be restricted in any manner by any official or employee

of the District of Columbia government, for purchases that do

not exceed $500,000: Provided further, That the Mayor shall

reimburse the District of Columbia National Guard for expenses

incurred in connection with services that are performed in emergencies by the National Guard in a militia status and are requested

by the Mayor, in amounts that shall be jointly determined and

certified as due and payable for these services by the Mayor and

the Commanding General of the District of Columbia National

Guard: Provided further, That such sums as may be necessary

for reimbursement to the District of Columbia National Guard

under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as constituting payment in advance for emergency services involved: Provided

further, That the Metropolitan Police Department is authorized

to maintain 3,800 sworn officers, with leave for a 50 officer attrition:

Provided further, That no more than 15 members of the Metropolitan Police Department shall be detailed or assigned to the Executive

Protection Unit, until the Chief of Police submits a recommendation

114 STAT. 2762A–12 PUBLIC LAW 106–553—APPENDIX A

to the Council for its review: Provided further, That $100,000 shall

be available for inmates released on medical and geriatric parole:

Provided further, That commencing on December 31, 2000, the

Metropolitan Police Department shall provide to the Committees

on Appropriations of the Senate and House of Representatives,

the Committee on Governmental Affairs of the Senate, and the

Committee on Government Reform of the House of Representatives,

quarterly reports on the status of crime reduction in each of the

83 police service areas established throughout the District of Columbia.

PUBLIC EDUCATION SYSTEM

Public education system, including the development of national defense education programs, $998,918,000 (including $824,867,000

from local funds, $147,643,000 from Federal funds, and $26,408,000

from other funds), to be allocated as follows: $769,943,000 (including

$629,309,000 from local funds, $133,490,000 from Federal funds,

and $7,144,000 from other funds), for the public schools of the

District of Columbia; $200,000 from local funds for the District

of Columbia Teachers’ Retirement Fund; $1,679,000 from local funds

for the State Education Office, $17,000,000 from local funds, previously appropriated in this Act as a Federal payment, for resident

tuition support at public and private institutions of higher learning

for eligible District of Columbia residents; and $105,000,000 from

local funds for public charter schools: Provided, That there shall

be quarterly disbursement of funds to the District of Columbia

public charter schools, with the first payment to occur within 15

days of the beginning of each fiscal year: Provided further, That

the District of Columbia public charter schools will report enrollment on a quarterly basis upon which a quarterly disbursement

will be calculated: Provided further, That the quarterly payment

of October 15, 2000, shall be 50 percent of each public charter

school’s annual entitlement based on its unaudited October 5 enrollment count: Provided further, That if the entirety of this allocation

has not been provided as payments to any public charter schools

currently in operation through the per pupil funding formula, the

funds shall be available for public education in accordance with

the School Reform Act of 1995 (D.C. Code, sec. 31–2853.43(A)(2)(D);

Public Law 104–134, as amended): Provided further, That $480,000

of this amount shall be available to the District of Columbia Public

Charter School Board for administrative costs: Provided further,

That $76,433,000 (including $44,691,000 from local funds,

$13,199,000 from Federal funds, and $18,543,000 from other funds)

shall be available for the University of the District of Columbia:

Provided further, That $200,000 is allocated for the East of the

River Campus Assessment Study, $1,000,000 for the Excel Institute

Adult Education Program to be used by the Institute for construction and to acquire construction services provided by the General

Services Administration on a reimbursable basis, $500,000 for the

Adult Education State Plan, $650,000 for The Saturday Academy

Pre-College Program, and $481,000 for the Strengthening of Academic Programs; and $26,459,000 (including $25,208,000 from local

funds, $550,000 from Federal funds and $701,000 other funds)

for the Public Library: Provided further, That the $1,020,000

enhancement shall be allocated such that $500,000 is used for

facilities improvements for 8 of the 26 library branches, $235,000

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–13

for 13 FTEs for the continuation of the Homework Helpers Program,

$166,000 for 3 FTEs in the expansion of the Reach Out And Roar

(ROAR) service to license day care homes, and $119,000 for 3

FTEs to expand literacy support into branch libraries: Provided

further, That $2,204,000 (including $1,780,000 from local funds,

$404,000 from Federal funds and $20,000 from other funds) shall

be available for the Commission on the Arts and Humanities: Provided further, That the public schools of the District of Columbia

are authorized to accept not to exceed 31 motor vehicles for exclusive

use in the driver education program: Provided further, That not

to exceed $2,500 for the Superintendent of Schools, $2,500 for

the President of the University of the District of Columbia, and

$2,000 for the Public Librarian shall be available from this appropriation for official purposes: Provided further, That none of the

funds contained in this Act may be made available to pay the

salaries of any District of Columbia Public School teacher, principal,

administrator, official, or employee who knowingly provides false

enrollment or attendance information under article II, section 5

of the Act entitled ‘‘An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia,

and for other purposes’’, approved February 4, 1925 (D.C. Code,

sec. 31–401 et seq.): Provided further, That this appropriation shall

not be available to subsidize the education of any nonresident

of the District of Columbia at any District of Columbia public

elementary and secondary school during fiscal year 2001 unless

the nonresident pays tuition to the District of Columbia at a rate

that covers 100 percent of the costs incurred by the District of

Columbia which are attributable to the education of the nonresident

(as established by the Superintendent of the District of Columbia

Public Schools): Provided further, That this appropriation shall

not be available to subsidize the education of nonresidents of the

District of Columbia at the University of the District of Columbia,

unless the Board of Trustees of the University of the District

of Columbia adopts, for the fiscal year ending September 30, 2001,

a tuition rate schedule that will establish the tuition rate for

nonresident students at a level no lower than the nonresident

tuition rate charged at comparable public institutions of higher

education in the metropolitan area: Provided further, That

$2,200,000 is allocated to the Temporary Weighted Student Formula

to fund 344 additional slots for pre-K students: Provided further,

That $50,000 is allocated to fund a conference on learning support

for children ages 3–4 hosted jointly by the District of Columbia

Public Schools and District of Columbia public charter schools:

Provided further, That no local funds in this Act shall be used

to administer a system-wide standardized test more than once

in fiscal year 2001: Provided further, That no less than $436,452,000

shall be expended on local schools through the Weighted Student

Formula: Provided further, That notwithstanding any other provision of law, rule, or regulation, the evaluation process and

instruments for evaluating District of Columbia Public School

employees shall be a non-negotiable item for collective bargaining

purposes: Provided further, That the District of Columbia Public

Schools shall spend $250,000 to engage in a Schools Without

Violence program based on a model developed by the University

of North Carolina, located in Greensboro, North Carolina: Provided

further, That the District of Columbia Public Schools shall spend

$250,000 to implement a Failure Free Reading program in the

114 STAT. 2762A–14 PUBLIC LAW 106–553—APPENDIX A

District’s public schools: Provided further, That notwithstanding

the amounts otherwise provided under this heading or any other

provision of law, there shall be appropriated to the District of

Columbia public charter schools on July 1, 2001, an amount equal

to 25 percent of the total amount provided for payments to public

charter schools in the proposed budget of the District of Columbia

for fiscal year 2002 (as submitted to Congress), and the amount

of such payment shall be chargeable against the final amount

provided for such payments under the District of Columbia Appropriations Act, 2002: Provided further, That notwithstanding the

amounts otherwise provided under this heading or any other provision of law, there shall be appropriated to the District of Columbia

Public Schools on July 1, 2001, an amount equal to 10 percent

of the total amount provided for the District of Columbia Public

Schools in the proposed budget of the District of Columbia for

fiscal year 2002 (as submitted to Congress), and the amount of

such payment shall be chargeable against the final amount provided

for the District of Columbia Public Schools under the District of

Columbia Appropriations Act, 2002.

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

Human support services, $1,535,654,000 (including $637,347,000 from local funds, $881,589,000 from Federal funds,

and $16,718,000 from other funds): Provided, That $25,836,000

of this appropriation, to remain available until expended, shall

be available solely for District of Columbia employees’ disability

compensation: Provided further, That the District of Columbia shall

not provide free government services such as water, sewer, solid

waste disposal or collection, utilities, maintenance, repairs, or similar services to any legally constituted private nonprofit organization,

as defined in section 411(5) of the Stewart B. McKinney Homeless

Assistance Act (101 Stat. 485; Public Law 100–77; 42 U.S.C. 11371),

providing emergency shelter services in the District, if the District

would not be qualified to receive reimbursement pursuant to such

Act (101 Stat. 485; Public Law 100–77; 42 U.S.C. 11301 et seq.):

Provided further, That $1,250,000 shall be paid to the Doe Fund

for the operation of its Ready, Willing, and Able Program in the

District of Columbia as follows: $250,000 to cover debt owed by

the District of Columbia government for services rendered shall

be paid to the Doe Fund within 15 days of the enactment of

this Act; and $1,000,000 shall be paid in equal monthly installments

by the fifteenth day of each month: Provided further, That $400,000

shall be available for the administrative costs associated with

implementation of the Drug Treatment Choice Program established

pursuant to section 4 of the Choice in Drug Treatment Act of

2000, signed by the Mayor on April 20, 2000 (D.C. Act 13–329):

Provided further, That $7,000,000 shall be available for deposit

in the Addiction Recovery Fund established pursuant to section

5 of the Choice in Drug Treatment Act of 2000, signed by the

Mayor on April 20, 2000 (D.C. Act 13–329): Provided further, That

the District of Columbia is authorized to enter into a long-term

lease of Hamilton Field with Gonzaga College High School and

that, in exchange for such a lease, Gonzaga will introduce and

implement a youth baseball program focused on 13 to 18 year

old residents, said program to include summer and fall baseball

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–15

programs and baseball clinics: Provided further, That notwithstanding any other provision of law, to augment the District of Columbia

subsidy for the District of Columbia Health and Hospitals Public

Benefit Corporation, the District of Columbia may transfer from

other non-Federal funds appropriated under this Act to the Human

Support Services appropriation under this Act an amount not to

exceed $90,000,000 for the purpose of restructuring the delivery

of health services in the District of Columbia: Provided further, That such restructuring shall be pursuant to a restructuring plan

approved by the Mayor of the District of Columbia, the Council

of the District of Columbia, the District of Columbia Financial

Responsibility and Management Assistance Authority, and the

Board of Directors of the Public Benefit Corporation: Provided further, That—

(1) the restructuring plan reduces personnel levels of D.C.

General Hospital and of the Public Benefit Corporation consistent with the reduction in force set forth in the August 25,

2000, resolution of the Board of Directors of the Public Benefit

Corporation regarding personnel structure, by reducing personnel by at least 500 full-time equivalent employees, without

replacement by contract personnel;

(2) no transferred funds are expended until 10 calendar

days after the restructuring plan has received final approval

and a copy evidencing final approval has been submitted by

the Mayor to the Committee on Government Reform of the

House of Representatives, the Committee on Governmental

Affairs of the Senate, and the Committees on Appropriations

of the House of Representatives and the Senate; and

(3) the plan includes a certification that the plan does

not request and does not rely upon any current or future

request for additional appropriation of Federal funds.

PUBLIC WORKS

Public works, including rental of one passenger-carrying vehicle

for use by the Mayor and three passenger-carrying vehicles for

use by the Council of the District of Columbia and leasing of

passenger-carrying vehicles, $278,242,000 (including $265,078,000

from local funds, $3,328,000 from Federal funds, and $9,836,000

from other funds): Provided, That this appropriation shall not be

available for collecting ashes or miscellaneous refuse from hotels

and places of business: Provided further, That $100,000 shall be

available for a commercial sector recycling initiative, $250,000 to

initiate a recycling education campaign, $10,000 for community

clean-up kits, $190,000 to restore a 3.5 percent vacancy rate in

Parking Services, $170,000 to plant 500 trees, $118,000 for two

water trucks, $150,000 for contract monitors and parking analysts

within Parking Services, $1,409,000 for a neighborhood cleanup

initiative, $1,000,000 for tree maintenance, $600,000 for an antigraffiti program, $226,000 for a hazardous waste program,

$1,260,000 for parking control aides, and $400,000 for the Department of Motor Vehicles to hire additional ticket adjudicators, conduct additional hearings, and reduce the waiting time for hearings.

RECEIVERSHIP PROGRAMS

For all agencies of the District of Columbia government under

court ordered receivership, $389,528,000 (including $234,913,000

114 STAT. 2762A–16 PUBLIC LAW 106–553—APPENDIX A

from local funds, $135,555,000 from Federal funds, and $19,060,000

from other funds).

RESERVE

For replacement of funds expended, if any, during fiscal year

2000 from the Reserve established by section 202( j) of the District

of Columbia Financial Responsibility and Management Assistance

Act of 1995, Public Law 104–8, $150,000,000 from local funds:

Provided, That none of these funds shall be obligated or expended

under this heading until the emergency reserve fund established

under this Act has been fully funded for fiscal year 2001 pursuant

to section 450A of the District of Columbia Home Rule Act as

set forth herein.

EMERGENCY RESERVE FUND

For the emergency reserve fund established under section

450A(a) of the District of Columbia Home Rule Act, the amount

provided for fiscal year 2001 under such section, to be derived

from local funds.

REPAYMENT OF LOANS AND INTEREST

For payment of principal, interest and certain fees directly

resulting from borrowing by the District of Columbia to fund District

of Columbia capital projects as authorized by sections 462, 475,

and 490 of the District of Columbia Home Rule Act, approved

December 24, 1973, $243,238,000 from local funds: Provided, That

any funds set aside pursuant to section 148 of the District of

Columbia Appropriations Act, 2000 (Public Law 106–113; 113 Stat.

1523) that are not used in the reserve funds established herein

shall be used for Pay-As-You-Go Capital Funds: Provided further,

That for equipment leases, the Mayor may finance $19,232,000

of equipment cost, plus cost of issuance not to exceed 2 percent

of the par amount being financed on a lease purchase basis with

a maturity not to exceed 5 years: Provided further, That $2,000,000

is allocated to the Metropolitan Police Department, $4,300,000 for

the Fire and Emergency Medical Services Department, $1,622,000

for the Public Library, $2,010,000 for the Department of Parks

and Recreation, $7,500,000 for the Department of Public Works,

and $1,800,000 for the Public Benefit Corporation.

REPAYMENT OF GENERAL FUND RECOVERY DEBT

For the purpose of eliminating the $331,589,000 general fund

accumulated deficit as of September 30, 1990, $39,300,000 from

local funds, as authorized by section 461(a) of the District of Columbia Home Rule Act, (105 Stat. 540; D.C. Code, sec. 47–321(a)(1)).

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

For payment of interest on short-term borrowing, $1,140,000

from local funds.

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–17

PRESIDENTIAL INAUGURATION

For reimbursement for necessary expenses incurred in connection with Presidential inauguration activities as authorized by section 737(b) of the District of Columbia Home Rule Act, Public

Law 93–198, as amended, approved December 24, 1973 (87 Stat.

824; D.C. Code, sec. 1–1803), $5,961,000 from local funds, previously

appropriated in this Act as a Federal payment, which shall be

apportioned by the Chief Financial Officer within the various appropriation headings in this Act.

CERTIFICATES OF PARTICIPATION

For lease payments in accordance with the Certificates of

Participation involving the land site underlying the building located

at One Judiciary Square, $7,950,000 from local funds.

WILSON BUILDING

For expenses associated with the John A. Wilson Building,

$8,409,000 from local funds.

OPTICAL AND DENTAL INSURANCE PAYMENTS

For optical and dental insurance payments, $2,675,000 from

local funds.

MANAGEMENT SUPERVISORY SERVICE

For management supervisory service, $13,200,000 from local

funds, to be transferred by the Mayor of the District of Columbia

among the various appropriation headings in this Act for which

employees are properly payable.

TOBACCO SETTLEMENT TRUST FUND TRANSFER PAYMENT

Subject to the issuance of bonds to pay the purchase price

of the District of Columbia’s right, title and interest in and to

the Master Settlement Agreement, and consistent with the Tobacco

Settlement Financing and Trust Fund Amendment Act of 2000,

there is transferred the amount available pursuant thereto, but

not to exceed $61,406,000, to the Tobacco Settlement Trust Fund

established pursuant to section 2302 of the Tobacco Settlement

Trust Fund Establishment Act of 1999, effective October 20, 1999

(D.C. Law 13–38; to be codified at D.C. Code, sec. 6–135), to be

spent pursuant to local law.

OPERATIONAL IMPROVEMENTS SAVINGS (INCLUDING MANAGED

COMPETITION)

The Mayor and the Council, in consultation with the Chief

Financial Officer and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions of $10,000,000 for operational improvements savings in local

funds to one or more of the appropriation headings in this Act.

114 STAT. 2762A–18 PUBLIC LAW 106–553—APPENDIX A

MANAGEMENT REFORM SAVINGS

The Mayor and the Council, in consultation with the Chief

Financial Officer and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions of $37,000,000 for management reform savings in local funds

to one or more of the appropriation headings in this Act.

CAFETERIA PLAN SAVINGS

For the implementation of a Cafeteria Plan pursuant to Federal

law, a reduction of $5,000,000 in local funds.

ENTERPRISE AND OTHER FUNDS

WATER AND SEWER AUTHORITY AND THE WASHINGTON AQUEDUCT

For operation of the Water and Sewer Authority and the

Washington Aqueduct, $275,705,000 from other funds (including

$230,614,000 for the Water and Sewer Authority and $45,091,000

for the Washington Aqueduct) of which $41,503,000 shall be apportioned and payable to the District’s debt service fund for repayment

of loans and interest incurred for capital improvement projects.

For construction projects, $140,725,000, as authorized by the

Act entitled ‘‘An Act authorizing the laying of watermains and

service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes’’ (33 Stat. 244; Public Law

58–140; D.C. Code, sec. 43–1512 et seq.): Provided, That the requirements and restrictions that are applicable to general fund capital

improvements projects and set forth in this Act under the Capital

Outlay appropriation title shall apply to projects approved under

this appropriation title.

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act for the fiscal

year ending September 30, 1982 (95 Stat. 1174, 1175; Public Law

97–91), for the purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable

Purposes in the District of Columbia (D.C. Law 3–172; D.C. Code,

sec. 2–2501 et seq. and sec. 22–1516 et seq.), $223,200,000: Provided, That the District of Columbia shall identify the source of

funding for this appropriation title from the District’s own locally

generated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities

of the Lottery and Charitable Games Control Board.

SPORTS AND ENTERTAINMENT COMMISSION

For the Sports and Entertainment Commission, $10,968,000

from other funds: Provided, That the Mayor shall submit a budget

for the Armory Board for the forthcoming fiscal year as required

by section 442(b) of the District of Columbia Home Rule Act (87

Stat. 824; Public Law 93–198; D.C. Code, sec. 47–301(b)).

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–19

DISTRICT OF COLUMBIA HEALTH AND HOSPITALS PUBLIC BENEFIT

CORPORATION

(INCLUDING TRANSFER OF FUNDS)

For the District of Columbia Health and Hospitals Public Benefit Corporation, established by D.C. Law 11–212 (D.C. Code, sec.

32–262.2), $123,548,000, of which $45,313,000 shall be derived by

transfer from the general fund, and $78,235,000 from other funds:

Provided, That no appropriated amounts and no amounts from

or guaranteed by the District of Columbia government (including

the District of Columbia Financial Responsibility and Management

Assistance Authority) may be made available to the Corporation

(through reprogramming, transfers, loans, or any other mechanism)

which are not otherwise provided for under this heading until

a restructuring plan for D.C. General Hospital has been approved

by the Mayor of the District of Columbia, the Council of the District

of Columbia, the Authority, the Chief Financial Officer of the District of Columbia, and the Chair of the Board of Directors of the

Corporation: Provided further, That for each payment or group

of payments made by or on behalf of the Corporation, the Chief

Financial Officer of the District of Columbia shall sign an affidavit

certifying that the making of the payment does not constitute

a violation of any provision of subchapter III of chapter 13 of

title 31, United States Code, or of any provision of this Act: Provided

further, That more than one payment may be covered by the same

affidavit under the previous proviso, but a single affidavit may

not cover more than one week’s worth of payments: Provided further, That it shall be unlawful for any person to order any other

person to sign any affidavit required under this heading, or for

any person to provide any signature required under this heading

on such an affidavit by proxy or by machine, computer, or other

facsimile device.

DISTRICT OF COLUMBIA RETIREMENT BOARD

For the District of Columbia Retirement Board, established

by section 121 of the District of Columbia Retirement Reform Act

of 1979 (93 Stat. 866; D.C. Code, sec. 1–711), $11,414,000 from

the earnings of the applicable retirement funds to pay legal,

management, investment, and other fees and administrative

expenses of the District of Columbia Retirement Board: Provided,

That the District of Columbia Retirement Board shall provide to

the Congress and to the Council of the District of Columbia a

quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia

Retirement Board shall provide the Mayor, for transmittal to the

Council of the District of Columbia, an itemized accounting of

the planned use of appropriated funds in time for each annual

budget submission and the actual use of such funds in time for

each annual audited financial report.

CORRECTIONAL INDUSTRIES FUND

For the Correctional Industries Fund, established by the District of Columbia Correctional Industries Establishment Act (78

Stat. 1000; Public Law 88–622), $1,808,000 from other funds.

114 STAT. 2762A–20 PUBLIC LAW 106–553—APPENDIX A

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund, $52,726,000 from other funds.

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, an increase of $1,077,282,000 of which

$806,787,000 is from local funds, $66,446,000 is from highway trust

funds, and $204,049,000 is from Federal funds, and a rescission

of $55,208,000 from local funds appropriated under this heading

in prior fiscal years, for a net amount of $1,022,074,000 to remain

available until expended: Provided, That funds for use of each

capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established

under the Financial Management System: Provided further, That

all funds provided by this appropriation title shall be available

only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for

capital outlay projects, except those projects covered by the first

sentence of section 23(a) of the Federal Aid Highway Act of 1968

(82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134, note),

for which funds are provided by this appropriation title, shall expire

on September 30, 2002, except authorizations for projects as to

which funds have been obligated in whole or in part prior to

September 30, 2002: Provided further, That upon expiration of

any such project authorization, the funds provided herein for the

project shall lapse.

GENERAL PROVISIONS

SEC. 101. Whenever in this Act, an amount is specified within

an appropriation for particular purposes or objects of expenditure,

such amount, unless otherwise specified, shall be considered as

the maximum amount that may be expended for said purpose

or object rather than an amount set apart exclusively therefor.

SEC. 102. Appropriations in this Act shall be available for

expenses of travel and for the payment of dues of organizations

concerned with the work of the District of Columbia government,

when authorized by the Mayor: Provided, That in the case of the

Council of the District of Columbia, funds may be expended with

the authorization of the chair of the Council.

SEC. 103. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making refunds and for the payment of judgments that have been

entered against the District of Columbia government: Provided,

That nothing contained in this section shall be construed as modifying or affecting the provisions of section 11(c)(3) of title XII of

the District of Columbia Income and Franchise Tax Act of 1947

(70 Stat. 78; Public Law 84–460; D.C. Code, sec. 47–1812.11(c)(3)).

SEC. 104. (a) REQUIRING MAYOR TO MAINTAIN INDEX.—Effective

with respect to fiscal year 2001 and each succeeding fiscal year,

the Mayor of the District of Columbia shall maintain an index

of all employment personal services and consulting contracts in

effect on behalf of the District government, and shall include in

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–21

the index specific information on any severance clause in effect

under any such contract.

(b) PUBLIC INSPECTION.—The index maintained under subsection (a) shall be kept available for public inspection during

regular business hours.

(c) CONTRACTS EXEMPTED.—Subsection (a) shall not apply with

respect to any collective bargaining agreement or any contract

entered into pursuant to such a collective bargaining agreement.

(d) DISTRICT GOVERNMENT DEFINED.—In this section, the term ‘‘District government’’ means the government of the District of

Columbia, including— (1) any department, agency or instrumentality of the

government of the District of Columbia;

(2) any independent agency of the District of Columbia

established under part F of title IV of the District of Columbia

Home Rule Act or any other agency, board, or commission

established by the Mayor or the Council;

(3) the Council of the District of Columbia;

(4) any other agency, public authority, or public benefit

corporation which has the authority to receive monies directly

or indirectly from the District of Columbia (other than monies

received from the sale of goods, the provision of services, or

the loaning of funds to the District of Columbia); and

(5) the District of Columbia Financial Responsibility and

Management Assistance Authority.

(e) No payment shall be made pursuant to any such contract

subject to subsection (a), nor any severance payment made under

such contract, if a copy of the contract has not been filed in the

index. Interested parties may file copies of their contract or severance agreement in the index on their own behalf.

SEC. 105. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 106. No funds appropriated in this Act for the District

of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit

the availability of school buildings for the use of any community

or partisan political group during non-school hours.

SEC. 107. None of the funds appropriated in this Act shall

be made available to pay the salary of any employee of the District

of Columbia government whose name, title, grade, salary, past

work experience, and salary history are not available for inspection

by the House and Senate Committees on Appropriations, the House

Committee on Government Reform, the Senate Committee on

Governmental Affairs, and the Council of the District of Columbia,

or their duly authorized representative.

SEC. 108. There are appropriated from the applicable funds

of the District of Columbia such sums as may be necessary for

making payments authorized by the District of Columbia Revenue

Recovery Act of 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421

et seq.).

SEC. 109. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before

Congress or any State legislature.

114 STAT. 2762A–22 PUBLIC LAW 106–553—APPENDIX A

SEC. 110. At the start of the fiscal year, the Mayor shall

develop an annual plan, by quarter and by project, for capital

outlay borrowings: Provided, That within a reasonable time after

the close of each quarter, the Mayor shall report to the Council

of the District of Columbia and the Congress the actual borrowings

and spending progress compared with projections.

SEC. 111. (a) None of the funds provided under this Act to

the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure

in fiscal year 2001, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure for an agency through a reprogramming of funds

which: (1) creates new programs; (2) eliminates a program, project,

or responsibility center; (3) establishes or changes allocations

specifically denied, limited or increased by Congress in this Act;

(4) increases funds or personnel by any means for any program,

project, or responsibility center for which funds have been denied

or restricted; (5) reestablishes through reprogramming any program

or project previously deferred through reprogramming; (6) augments

existing programs, projects, or responsibility centers through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel

assigned to a specific program, project or responsibility center;

unless the Committees on Appropriations of both the Senate and

House of Representatives are notified in writing 30 days in advance

of any reprogramming as set forth in this section.

(b) None of the local funds contained in this Act may be available for obligation or expenditure for an agency through a reprogramming of funds which transfers any local funds from one

appropriation to another unless the Committees on Appropriations

of the Senate and House of Representatives are notified in writing

30 days in advance of the transfer, except that in no event may

the amount of any funds transferred exceed 2 percent of the local

funds in the appropriation.

SEC. 112. Consistent with the provisions of 31 U.S.C. 1301(a),

appropriations under this Act shall be applied only to the objects

for which the appropriations were made except as otherwise provided by law.

SEC. 113. Notwithstanding any other provisions of law, the

provisions of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Code, sec.

1–601.1 et seq.), enacted pursuant to section 422(3) of the District

of Columbia Home Rule Act (87 Stat. 790; Public Law 93–198;

D.C. Code, sec. 1–242(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay

purposes, employees of the District of Columbia government shall

not be subject to the provisions of title 5, United States Code.

SEC. 114. No later than 30 days after the end of the first

quarter of the fiscal year ending September 30, 2001, the Mayor

of the District of Columbia shall submit to the Council of the

District of Columbia the new fiscal year 2001 revenue estimates

as of the end of the first quarter of fiscal year 2001. These estimates

shall be used in the budget request for the fiscal year ending

September 30, 2002. The officially revised estimates at midyear

shall be used for the midyear report.

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–23

SEC. 115. No sole source contract with the District of Columbia

government or any agency thereof may be renewed or extended

without opening that contract to the competitive bidding process

as set forth in section 303 of the District of Columbia Procurement

Practices Act of 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3),

except that the District of Columbia government or any agency

thereof may renew or extend sole source contracts for which competition is not feasible or practical: Provided, That the determination as to whether to invoke the competitive bidding process has

been made in accordance with duly promulgated rules and procedures and said determination has been reviewed and approved

by the District of Columbia Financial Responsibility and Management Assistance Authority.

SEC. 116. For purposes of the Balanced Budget and Emergency

Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99–177),

the term ‘‘program, project, and activity’’ shall be synonymous with

and refer specifically to each account appropriating Federal funds

in this Act, and any sequestration order shall be applied to each

of the accounts rather than to the aggregate total of those accounts:

Provided, That sequestration orders shall not be applied to any

account that is specifically exempted from sequestration by the

Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 117. In the event a sequestration order is issued pursuant

to the Balanced Budget and Emergency Deficit Control Act of

1985 (99 Stat. 1037: Public Law 99–177), after the amounts appropriated to the District of Columbia for the fiscal year involved

have been paid to the District of Columbia, the Mayor of the

District of Columbia shall pay to the Secretary of the Treasury,

within 15 days after receipt of a request therefor from the Secretary

of the Treasury, such amounts as are sequestered by the order:

Provided, That the sequestration percentage specified in the order

shall be applied proportionately to each of the Federal appropriation

accounts in this Act that are not specifically exempted from sequestration by such Act.

SEC. 118. ACCEPTANCE AND USE OF GIFTS. (a) APPROVAL BY

MAYOR.—

(1) IN GENERAL.—An entity of the District of Columbia

government may accept and use a gift or donation during

fiscal year 2001 if—

(A) the Mayor approves the acceptance and use of

the gift or donation (except as provided in paragraph (2));

and

(B) the entity uses the gift or donation to carry out

its authorized functions or duties.

(2) EXCEPTION FOR COUNCIL AND COURTS.—The Council

of the District of Columbia and the District of Columbia courts

may accept and use gifts without prior approval by the Mayor.

(b) RECORDS AND PUBLIC INSPECTION.—Each entity of the District of Columbia government shall keep accurate and detailed

records of the acceptance and use of any gift or donation under

subsection (a), and shall make such records available for audit

and public inspection.

(c) INDEPENDENT AGENCIES INCLUDED.—For the purposes of

this section, the term ‘‘entity of the District of Columbia government’’ includes an independent agency of the District of Columbia.

(d) EXCEPTION FOR BOARD OF EDUCATION.—This section shall

not apply to the District of Columbia Board of Education, which

114 STAT. 2762A–24 PUBLIC LAW 106–553—APPENDIX A

may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the public schools without prior approval

by the Mayor.

SEC. 119. None of the Federal funds provided in this Act may

be used by the District of Columbia to provide for salaries, expenses,

or other costs associated with the offices of United States Senator

or United States Representative under section 4(d) of the District

of Columbia Statehood Constitutional Convention Initiatives of 1979

(D.C. Law 3–171; D.C. Code, sec. 1–113(d)).

SEC. 120. (a) MODIFICATION OF CONTRACTING REQUIREMENTS.— (1) CONTRACTS SUBJECT TO NOTICE REQUIREMENTS.—Section 2204(c)(1)(A) of the District of Columbia School Reform

Act (sec. 31–2853.14(c)(1)(A), D.C. Code) is amended to read

as follows: ‘‘(A) NOTICE REQUIREMENT FOR PROCUREMENT CON- TRACTS.—

‘‘(i) IN GENERAL.—Except in the case of an emergency (as determined by the eligible chartering authority of a public charter school), with respect to any

procurement contract proposed to be awarded by the

public charter school and having a value equal to or

exceeding $25,000, the school shall publish a notice

of a request for proposals in the District of Columbia

Register and newspapers of general circulation not less

than 7 days prior to the award of the contract.

‘‘(ii) EXCEPTION FOR CERTAIN CONTRACTS.—The

notice requirement of clause (i) shall not apply with

respect to any contract for the lease or purchase of

real property by a public charter school, any employment contract for a staff member of a public charter

school, or any management contract entered into by

a public charter school and the management company

designated in its charter or its petition for a revised

charter.’’.

(2) SUBMISSION OF CONTRACTS TO ELIGIBLE CHARTERING

AUTHORITY.—Section 2204(c)(1)(B) of such Act (sec. 31–

2853.14(c)(1)(B), D.C. Code) is amended—

(A) in the heading, by striking ‘‘AUTHORITY’’ and inserting ‘‘ELIGIBLE CHARTERING AUTHORITY’’;

(B) in clause (i), by striking ‘‘Authority’’ and inserting

‘‘eligible chartering authority’’; and

(C) by amending clause (ii) to read as follows:

‘‘(ii) EFFECTIVE DATE OF CONTRACT.—A contract

described in subparagraph (A) shall become effective

on the date that is 10 days after the date the school

makes the submission under clause (i) with respect

to the contract, or the effective date specified in the

contract, whichever is later.’’.

(b) CLARIFICATION OF APPLICATION OF SCHOOL REFORM ACT.—

(1) WAIVER OF DUPLICATE AND CONFLICTING PROVISIONS.—

Section 2210 of such Act (sec. 31–2853.20, D.C. Code) is amended by adding at the end the following new subsection:

‘‘(d) WAIVER OF APPLICATION OF DUPLICATE AND CONFLICTING

PROVISIONS.—Notwithstanding any other provision of law, and

except as otherwise provided in this title, no provision of any

law regarding the establishment, administration, or operation of

public charter schools in the District of Columbia shall apply with

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–25

respect to a public charter school or an eligible chartering authority

to the extent that the provision duplicates or is inconsistent with

any provision of this title.’’.

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect as if included in the enactment of

the District of Columbia School Reform Act of 1995.

(c) LICENSING REQUIREMENTS FOR PRESCHOOL OR PREKINDERGARTEN PROGRAMS.—

(1) IN GENERAL.—Section 2204(c) of such Act (sec. 31–

2853.14(c), D.C. Code) is amended by adding at the end the

following new paragraph:

‘‘(18) LICENSING AS CHILD DEVELOPMENT CENTER.—A public

charter school which offers a preschool or prekindergarten program shall be subject to the same child care licensing requirements (if any) which apply to a District of Columbia public

school which offers such a program.’’.

(2) CONFORMING AMENDMENTS.—(A) Section 2202 of such

Act (sec. 31–2853.12, D.C. Code) is amended by striking clause

(17).

(B) Section 2203(h)(2) of such Act (sec. 31–2853.13(h)(2),

D.C. Code) is amended by striking ‘‘(17),’’.

(d) Section 2403 of the District of Columbia School Reform

Act of 1995 (sec. 31–2853.43, D.C. Code) is amended by adding

at the end the following new subsection:

‘‘(c) ASSIGNMENT OF PAYMENTS.—A public charter school may

assign any payments made to the school under this section to

a financial institution for use as collateral to secure a loan or

for the repayment of a loan.’’.

(e) Section 2210 of the District of Columbia School Reform

Act of 1995 (sec. 31–2853.20, D.C. Code), as amended by subsection

(b), is further amended by adding at the end the following new

subsection:

‘‘(e) PARTICIPATION IN GSA PROGRAMS.—

‘‘(1) IN GENERAL.—Notwithstanding any provision of this

Act or any other provision of law, a public charter school

may acquire goods and services through the General Services

Administration and may participate in programs of the

Administration in the same manner and to the same extent

as any entity of the District of Columbia government.

‘‘(2) PARTICIPATION BY CERTAIN ORGANIZATIONS.—A public

charter school may delegate to a nonprofit, tax-exempt organization in the District of Columbia the public charter school’s

authority under paragraph (1).’’.

SEC. 121. REPORTING REQUIREMENTS FOR THE DISTRICT OF

COLUMBIA PUBLIC SCHOOLS AND THE UNIVERSITY OF THE DISTRICT

OF COLUMBIA. (a) The Superintendent of the District of Columbia

Public Schools (DCPS) and the University of the District of Columbia (UDC) shall each submit to the Committees on Appropriations

of the House of Representatives and Senate, the Committee on

Government Reform of the House of Representatives, and the

Committee on Governmental Affairs of the Senate no later than

15 calendar days after the end of each quarter a report that sets

forth—

(1) current quarter expenditures and obligations, year-todate expenditures and obligations, and total fiscal year expenditure projections versus budget broken out on the basis of control

114 STAT. 2762A–26 PUBLIC LAW 106–553—APPENDIX A

center, responsibility center, and object class, and for all funds,

non-appropriated funds, and capital financing;

(2) a list of each account for which spending is frozen

and the amount of funds frozen, broken out by control center,

responsibility center, detailed object, and for all funding

sources;

(3) a list of all active contracts in excess of $10,000

annually, which contains the name of each contractor; the

budget to which the contract is charged, broken out on the

basis of control center, responsibility center, and agency reporting code; and contract identifying codes used by DCPS and

UDC; payments made in the last quarter and year-to-date,

the total amount of the contract and total payments made

for the contract and any modifications, extensions, renewals;

and specific modifications made to each contract in the last

month;

(4) all reprogramming requests and reports that are

required to be, and have been, submitted to the Board of

Education;

(5) all reprogramming requests and reports that have been

made by UDC within the last quarter in compliance with

applicable law; and

(6) changes made in the last quarter to the organizational

structure of DCPS and UDC, displaying for each entity previous

and current control centers and responsibility centers, the

names of the organizational entities that have been changed,

the name of the staff member supervising each entity affected,

and the reasons for the structural change.

(b) The Superintendent of DCPS and UDC shall annually compile an accurate and verifiable report on the positions and employees

in the public school system and the university, respectively. The

annual report shall—

(1) set forth the number of validated schedule A positions

in the District of Columbia public schools and UDC for fiscal

year 2001, and thereafter on full-time equivalent basis, including a compilation of all positions by control center, responsibility

center, funding source, position type, position title, pay plan,

grade, and annual salary;

(2) set forth a compilation of all employees in the District

of Columbia public schools and UDC as of the preceding December 31, verified as to its accuracy in accordance with the functions that each employee actually performs, by control center,

responsibility center, agency reporting code, program (including

funding source), activity, location for accounting purposes, job

title, grade and classification, annual salary, and position control number; and

(3) be submitted to the Congress, the Mayor, the District

of Columbia Council, the Consensus Commission, and the

Authority, not later than February 15 of each year.

(c) No later than November 1, 2000, or within 30 calendar

days after the date of the enactment of this Act, whichever occurs

later, and each succeeding year, the Superintendent of DCPS and

UDC shall submit to the appropriate congressional committees,

the Mayor, the District of Columbia Council, the Consensus

Commission, and the District of Columbia Financial Responsibility

and Management Assistance Authority, a revised appropriated

funds operating budget for the public school system and UDC

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–27

for such fiscal year: (1) that is in the total amount of the approved

appropriation and that realigns budgeted data for personal services

and other-than-personal services, respectively, with anticipated

actual expenditures; and (2) that is in the format of the budget

that the Superintendent of DCPS and UDC submit to the Mayor

of the District of Columbia for inclusion in the Mayor’s budget

submission to the Council of the District of Columbia pursuant

to section 442 of the District of Columbia Home Rule Act (Public

Law 93–198; D.C. Code, sec. 47–301).

SEC. 122. (a) None of the funds contained in this Act may

be made available to pay the fees of an attorney who represents

a party who prevails in an action or any attorney who defends

any action, including an administrative proceeding, brought against

the District of Columbia Public Schools under the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.) if— (1) the hourly rate of compensation of the attorney exceeds

250 percent of the hourly rate of compensation under section

11–2604(a), District of Columbia Code; or

(2) the maximum amount of compensation of the attorney

exceeds 250 percent of the maximum amount of compensation

under section 11–2604(b)(1), District of Columbia Code, except

that compensation and reimbursement in excess of such maximum may be approved for extended or complex representation

in accordance with section 11–2604(c), District of Columbia

Code; and

(3) in no case may the compensation limits in paragraphs (1) and (2) exceed $2,500.

(b) Notwithstanding the preceding subsection, if the Mayor

and the Superintendent of the District of Columbia Public Schools

concur in a Memorandum of Understanding setting forth a new

rate and amount of compensation, then such new rates shall apply

in lieu of the rates set forth in the preceding subsection to both

the attorney who represents the prevailing party and the attorney

who defends the action.

SEC. 123. None of the funds appropriated under this Act shall

be expended for any abortion except where the life of the mother

would be endangered if the fetus were carried to term or where

the pregnancy is the result of an act of rape or incest.

SEC. 124. None of the funds made available in this Act may

be used to implement or enforce the Health Care Benefits Expansion

Act of 1992 (D.C. Law 9–114; D.C. Code, sec. 36–1401 et seq.)

or to otherwise implement or enforce any system of registration

of unmarried, cohabiting couples (whether homosexual, heterosexual, or lesbian), including but not limited to registration for

the purpose of extending employment, health, or governmental

benefits to such couples on the same basis that such benefits are

extended to legally married couples.

SEC. 125. The District of Columbia Financial Responsibility

and Management Assistance Authority, acting on behalf of the

District of Columbia Public Schools (DCPS) in formulating the

DCPS budget, the Board of Trustees of the University of the District

of Columbia, the Board of Library Trustees, and the Board of

Governors of the University of the District of Columbia School

of Law shall vote on and approve the respective annual or revised

budgets for such entities before submission to the Mayor of the

District of Columbia for inclusion in the Mayor’s budget submission

to the Council of the District of Columbia in accordance with section

114 STAT. 2762A–28 PUBLIC LAW 106–553—APPENDIX A

442 of the District of Columbia Home Rule Act (Public Law 93– 198; D.C. Code, sec. 47–301), or before submitting their respective

budgets directly to the Council.

SEC. 126. (a) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED

IN CEILING.— (1) IN GENERAL.—Notwithstanding any other provision of

this Act, the Mayor, in consultation with the Chief Financial

Officer, during a control year, as defined in section 305(4)

of the District of Columbia Financial Responsibility and

Management Assistance Act of 1995 (Public Law 104–8; 109

Stat. 152), may accept, obligate, and expend Federal, private,

and other grants received by the District government that

are not reflected in the amounts appropriated in this Act.

(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND

AUTHORITY APPROVAL.—No such Federal, private, or other grant

may be accepted, obligated, or expended pursuant to paragraph

(1) until—

(A) the Chief Financial Officer of the District of Columbia submits to the Authority a report setting forth detailed

information regarding such grant; and

(B) the Authority has reviewed and approved the

acceptance, obligation, and expenditure of such grant in

accordance with review and approval procedures consistent

with the provisions of the District of Columbia Financial

Responsibility and Management Assistance Act of 1995.

(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL

OR RECEIPT.—No amount may be obligated or expended from

the general fund or other funds of the District government

in anticipation of the approval or receipt of a grant under

paragraph (2)(B) of this subsection or in anticipation of the

approval or receipt of a Federal, private, or other grant not

subject to such paragraph.

(4) QUARTERLY REPORTS.—The Chief Financial Officer of

the District of Columbia shall prepare a quarterly report setting

forth detailed information regarding all Federal, private, and

other grants subject to this subsection. Each such report shall

be submitted to the Council of the District of Columbia, and

to the Committees on Appropriations of the House of Representatives and the Senate, not later than 15 days after the end

of the quarter covered by the report.

(b) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY

AND MANAGEMENT ASSISTANCE AUTHORITY.—Not later than 20 calendar days after the end of each fiscal quarter starting October

1, 2000, the Authority shall submit a report to the Committees

on Appropriations of the House of Representatives and the Senate,

the Committee on Government Reform of the House, and the

Committee on Governmental Affairs of the Senate providing an

itemized accounting of all non-appropriated funds obligated or

expended by the Authority for the quarter. The report shall include

information on the date, amount, purpose, and vendor name, and

a description of the services or goods provided with respect to

the expenditures of such funds.

SEC. 127. If a department or agency of the government of

the District of Columbia is under the administration of a courtappointed receiver or other court-appointed official during fiscal

year 2001 or any succeeding fiscal year, the receiver or official

shall prepare and submit to the Mayor, for inclusion in the annual

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–29

budget of the District of Columbia for the year, annual estimates

of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. All such estimates

shall be forwarded by the Mayor to the Council, for its action

pursuant to sections 446 and 603(c) of the District of Columbia

Home Rule Act, without revision but subject to the Mayor’s recommendations. Notwithstanding any provision of the District of

Columbia Home Rule Act (87 Stat. 774; Public Law 93–198), the

Council may comment or make recommendations concerning such

annual estimates but shall have no authority under such Act to

revise such estimates.

SEC. 128. (a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.— Except as otherwise provided in this section, none of the funds

made available by this Act or by any other Act may be used

to provide any officer or employee of the District of Columbia

with an official vehicle unless the officer or employee uses the

vehicle only in the performance of the officer’s or employee’s official

duties. For purposes of this paragraph, the term ‘‘official duties’’ does not include travel between the officer’s or employee’s residence

and workplace (except: (1) in the case of an officer or employee

of the Metropolitan Police Department who resides in the District

of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee

of the District of Columbia Fire and Emergency Medical Services

Department who resides in the District of Columbia and is on

call 24 hours a day; (3) the Mayor of the District of Columbia;

and (4) the Chairman of the Council of the District of Columbia).

(b) INVENTORY OF VEHICLES.—The Chief Financial Officer of

the District of Columbia shall submit, by November 15, 2000, an

inventory, as of September 30, 2000, of all vehicles owned, leased

or operated by the District of Columbia government. The inventory

shall include, but not be limited to, the department to which the

vehicle is assigned; the year and make of the vehicle; the acquisition

date and cost; the general condition of the vehicle; annual operating

and maintenance costs; current mileage; and whether the vehicle

is allowed to be taken home by a District officer or employee

and if so, the officer or employee’s title and resident location.

SEC. 129. (a) SOURCE OF PAYMENT FOR EMPLOYEES DETAILED

WITHIN GOVERNMENT.—For purposes of determining the amount

of funds expended by any entity within the District of Columbia

government during fiscal year 2001 and each succeeding fiscal

year, any expenditures of the District government attributable to

any officer or employee of the District government who provides

services which are within the authority and jurisdiction of the

entity (including any portion of the compensation paid to the officer

or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity’s budget,

without regard to whether the officer or employee is assigned to

the entity or otherwise treated as an officer or employee of the

entity.

(b) MODIFICATION OF REDUCTION IN FORCE PROCEDURES.—Section 2408 of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law

2–139; D.C. Code, sec. 1–625.7), is amended as follows:

(1) Subsection (a) is amended by striking ‘‘September 30,

2000’’ and inserting ‘‘September 30, 2000, and each subsequent

fiscal year’’.

114 STAT. 2762A–30 PUBLIC LAW 106–553—APPENDIX A

(2) Subsection (b) is amended by striking ‘‘Prior to February

1, 2000’’ and inserting ‘‘Prior to February 1 of each year’’.

(3) Subsection (i) is amended by striking ‘‘March 1, 2000’’

and inserting ‘‘March 1 of each year’’.

(4) Subsection (k) is amended by striking ‘‘September 1,

2000’’ and inserting ‘‘September 1 of each year’’.

(c) No officer or employee of the District of Columbia government (including any independent agency of the District but excluding the District of Columbia Financial Responsibility and Management Assistance Authority, the Metropolitan Police Department,

and the Office of the Chief Technology Officer) may enter into

an agreement in excess of $2,500 for the procurement of goods

or services on behalf of any entity of the District government

until the officer or employee has conducted an analysis of how

the procurement of the goods and services involved under the

applicable regulations and procedures of the District government

would differ from the procurement of the goods and services involved

under the Federal supply schedule and other applicable regulations

and procedures of the General Services Administration, including

an analysis of any differences in the costs to be incurred and

the time required to obtain the goods or services.

SEC. 130. Notwithstanding any other provision of law, not

later than 120 days after the date that a District of Columbia

Public Schools (DCPS) student is referred for evaluation or

assessment—

(1) the District of Columbia Board of Education, or its

successor, and DCPS shall assess or evaluate a student who

may have a disability and who may require special education

services; and

(2) if a student is classified as having a disability, as

defined in section 101(a)(1) of the Individuals with Disabilities

Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section

7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.

706(8)), the Board and DCPS shall place that student in an

appropriate program of special education services.

SEC. 131. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None

of the funds made available in this Act may be expended by an

entity unless the entity agrees that in expending the funds the

entity will comply with the Buy American Act (41 U.S.C. 10a–

10c).

(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING

NOTICE.—

(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may

be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense

of the Congress that entities receiving the assistance should,

in expending the assistance, purchase only American-made

equipment and products to the greatest extent practicable.

(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing

financial assistance using funds made available in this Act,

the head of each agency of the Federal or District of Columbia

government shall provide to each recipient of the assistance

a notice describing the statement made in paragraph (1) by

the Congress.

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–31

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL- ING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 132. None of the funds contained in this Act may be

used for purposes of the annual independent audit of the District

of Columbia government (including the District of Columbia Financial Responsibility and Management Assistance Authority) for fiscal

year 2001 unless— (1) the audit is conducted by the Inspector General of

the District of Columbia pursuant to section 208(a)(4) of the

District of Columbia Procurement Practices Act of 1985 (D.C.

Code, sec. 1–1182.8(a)(4)); and

(2) the audit includes a comparison of audited actual yearend results with the revenues submitted in the budget document for such year and the appropriations enacted into law

for such year.

SEC. 133. None of the funds contained in this Act may be

used by the District of Columbia Corporation Counsel or any other

officer or entity of the District government to provide assistance

for any petition drive or civil action which seeks to require Congress

to provide for voting representation in Congress for the District

of Columbia.

SEC. 134. None of the funds contained in this Act may be

used to transfer or confine inmates classified above the medium

security level, as defined by the Federal Bureau of Prisons classification instrument, to the Northeast Ohio Correctional Center located

in Youngstown, Ohio.

SEC. 135. Subsection 3(e) of Public Law 104–21 (D.C. Code

sec. 7–134.2(e)) is amended to read as follows:

‘‘(e) INSPECTOR GENERAL AUDIT.—Not later than February 1,

2001, and each February 1 thereafter, the Inspector General of

the District of Columbia shall audit the financial statements of

the District of Columbia Highway Trust Fund for the preceding

fiscal year and shall submit to Congress a report on the results

of such audit. Not later than May 31, 2001, and each May 31

thereafter, the Inspector General shall examine the statements

forecasting the conditions and operations of the Trust Fund for

the next 5 fiscal years commencing on the previous October 1

and shall submit to Congress a report on the results of such examination.’’.

SEC. 136. No later than November 1, 2000, or within 30 calendar days after the date of the enactment of this Act, whichever

occurs later, the Chief Financial Officer of the District of Columbia

shall submit to the appropriate committees of Congress, the Mayor,

and the District of Columbia Financial Responsibility and Management Assistance Authority a revised appropriated funds operating

budget in the format of the budget that the District of Columbia

government submitted pursuant to section 442 of the District of

Columbia Home Rule Act (Public Law 93–198; D.C. Code, sec.

47–301), for all agencies of the District of Columbia government

114 STAT. 2762A–32 PUBLIC LAW 106–553—APPENDIX A

for such fiscal year that is in the total amount of the approved

appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated

actual expenditures.

SEC. 137. (a) None of the funds contained in this Act may

be used for any program of distributing sterile needles or syringes

for the hypodermic injection of any illegal drug.

(b) Any individual or entity who receives any funds contained

in this Act and who carries out any program described in subsection

(a) shall account for all funds used for such program separately

from any funds contained in this Act.

SEC. 138. (a) RESTRICTIONS ON LEASES.—Upon the expiration

of the 60-day period that begins on the date of the enactment

of this Act, none of the funds contained in this Act may be used

to make rental payments under a lease for the use of real property

by the District of Columbia government (including any independent

agency of the District) unless the lease and an abstract of the

lease have been filed (by the District of Columbia or any other

party to the lease) with the central office of the Deputy Mayor

for Economic Development, in an indexed registry available for

public inspection.

(b) ADDITIONAL RESTRICTIONS ON CURRENT LEASES.—

(1) IN GENERAL.—Upon the expiration of the 60-day period

that begins on the date of the enactment of this Act, in the

case of a lease described in paragraph (3), none of the funds

contained in this Act may be used to make rental payments

under the lease unless the lease is included in periodic reports

submitted by the Mayor and Council of the District of Columbia

to the Committees on Appropriations of the House of Representatives and Senate describing for each such lease the following

information:

(A) The location of the property involved, the name

of the owners of record according to the land records of

the District of Columbia, the name of the lessors according

to the lease, the rate of payment under the lease, the

period of time covered by the lease, and the conditions

under which the lease may be terminated.

(B) The extent to which the property is or is not

occupied by the District of Columbia government as of

the end of the reporting period involved.

(C) If the property is not occupied and utilized by

the District government as of the end of the reporting

period involved, a plan for occupying and utilizing the

property (including construction or renovation work) or

a status statement regarding any efforts by the District

to terminate or renegotiate the lease.

(2) TIMING OF REPORTS.—The reports described in paragraph (1) shall be submitted for each calendar quarter (beginning with the quarter ending December 31, 2000) not later

than 20 days after the end of the quarter involved, plus an

initial report submitted not later than 60 days after the date

of the enactment of this Act, which shall provide information

as of the date of the enactment of this Act.

(3) LEASES DESCRIBED.—A lease described in this paragraph

is a lease in effect as of the date of the enactment of this

Act for the use of real property by the District of Columbia

government (including any independent agency of the District)

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–33

which is not being occupied by the District government (including any independent agency of the District) as of such date

or during the 60-day period which begins on the date of the

enactment of this Act.

SEC. 139. (a) MANAGEMENT OF EXISTING DISTRICT GOVERNMENT

PROPERTY.—Upon the expiration of the 60-day period that begins

on the date of the enactment of this Act, none of the funds contained

in this Act may be used to enter into a lease (or to make rental

payments under such a lease) for the use of real property by

the District of Columbia government (including any independent

agency of the District) or to purchase real property for the use

of the District of Columbia government (including any independent

agency of the District) or to manage real property for the use

of the District of Columbia (including any independent agency of

the District) unless the following conditions are met:

(1) The Mayor and Council of the District of Columbia

certify to the Committees on Appropriations of the House of

Representatives and Senate that existing real property available to the District (whether leased or owned by the District

government) is not suitable for the purposes intended.

(2) Notwithstanding any other provisions of law, there is

made available for sale or lease all real property of the District

of Columbia that the Mayor from time-to-time determines is

surplus to the needs of the District of Columbia, unless a

majority of the members of the Council override the Mayor’s

determination during the 30-day period which begins on the

date the determination is published.

(3) The Mayor and Council implement a program for the

periodic survey of all District property to determine if it is

surplus to the needs of the District.

(4) The Mayor and Council within 60 days of the date

of the enactment of this Act have filed with the Committees

on Appropriations of the House of Representatives and Senate,

the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of

the Senate a report which provides a comprehensive plan for

the management of District of Columbia real property assets,

and are proceeding with the implementation of the plan.

(b) TERMINATION OF PROVISIONS.—If the District of Columbia

enacts legislation to reform the practices and procedures governing

the entering into of leases for the use of real property by the

District of Columbia government and the disposition of surplus

real property of the District government, the provisions of subsection (a) shall cease to be effective upon the effective date of

the legislation.

SEC. 140. None of the funds contained in this Act may be

used after the expiration of the 60-day period that begins on the

date of the enactment of this Act to pay the salary of any chief

financial officer of any office of the District of Columbia government

(including the District of Columbia Financial Responsibility and

Management Assistance Authority and any independent agency

of the District) who has not filed a certification with the Mayor

and the Chief Financial Officer of the District of Columbia that

the officer understands the duties and restrictions applicable to

the officer and the officer’s agency as a result of this Act (and

the amendments made by this Act), including any duty to prepare

a report requested either in the Act or in any of the reports

114 STAT. 2762A–34 PUBLIC LAW 106–553—APPENDIX A

accompanying the Act and the deadline by which each report must

be submitted, and the District’s Chief Financial Officer shall provide

to the Committees on Appropriations of the Senate and the House

of Representatives by the tenth day after the end of each quarter

a summary list showing each report, the due date and the date

submitted to the Committees.

SEC. 141. The proposed budget of the government of the District

of Columbia for fiscal year 2002 that is submitted by the District

to Congress shall specify potential adjustments that might become

necessary in the event that the operational improvements savings,

including managed competition, and management reform savings

achieved by the District during the year do not meet the level

of management savings projected by the District under the proposed

budget.

SEC. 142. In submitting any document showing the budget

for an office of the District of Columbia government (including

an independent agency of the District) that contains a category

of activities labeled as ‘‘other’’, ‘‘miscellaneous’’, or a similar general,

nondescriptive term, the document shall include a description of

the types of activities covered in the category and a detailed breakdown of the amount allocated for each such activity.

SEC. 143. (a) None of the funds contained in this Act may

be used to enact or carry out any law, rule, or regulation to legalize

or otherwise reduce penalties associated with the possession, use,

or distribution of any schedule I substance under the Controlled

Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative.

(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors

of the District of Columbia on November 3, 1998, shall not take

effect.

SEC. 144. Notwithstanding any other provision of law, the

Mayor of the District of Columbia is hereby solely authorized to

allocate the District’s limitation amount of qualified zone academy

bonds (established pursuant to 26 U.S.C. 1397E) among qualified

zone academies within the District.

SEC. 145. (a) Section 11232 of the Balanced Budget Act of

1997 (sec. 24–1232, D.C. Code) is amended—

(1) by redesignating subsections (f ) through (i) as subsections (g) through ( j); and

(2) by inserting after subsection (e) the following new subsection:

‘‘(f ) TREATMENT AS FEDERAL EMPLOYEES.—

‘‘(1) IN GENERAL.—The Trustee and employees of the

Trustee who are not covered under subsection (e) shall be

treated as employees of the Federal Government solely for

purposes of the following provisions of title 5, United States

Code:

‘‘(A) Chapter 83 (relating to retirement).

‘‘(B) Chapter 84 (relating to the Federal Employees’

Retirement System). ‘‘(C) Chapter 87 (relating to life insurance).

‘‘(D) Chapter 89 (relating to health insurance).

‘‘(2) EFFECTIVE DATES OF COVERAGE.—The effective dates

of coverage of the provisions of paragraph (1) are as follows:

‘‘(A) In the case of the Trustee and employees of the

Office of the Trustee and the Office of Adult Probation,

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–35

August 5, 1997, or the date of appointment, whichever

is later. ‘‘(B) In the case of employees of the Office of Parole,

October 11, 1998, or the date of appointment, whichever

is later. ‘‘(C) In the case of employees of the Pretrial Services

Agency, January 3, 1999, or the date of appointment,

whichever is later.

‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee shall make contributions under the provisions referred to in paragraph (1)

at the same rates applicable to agencies of the Federal Government.‘‘(4) REGULATIONS.—The Office of Personnel Management

shall issue such regulations as are necessary to carry out this

subsection.’’. (b) The amendment made by subsection (a) shall take effect

as if included in the enactment of title XI of the Balanced Budget

Act of 1997.

SEC. 146. It is the sense of the Congress that the District

of Columbia Financial Responsibility and Management Assistance

Authority should quickly complete the sale of the Franklin School

property, a property which has been vacant for over 20 years.

SEC. 147. Nothing in this Act may be construed to prevent

the Council or Mayor of the District of Columbia from addressing

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation

enacted on such issue should include a ‘‘conscience clause’’ which

provides exceptions for religious beliefs and moral convictions.

SEC. 148. (a) Chapter 23 of title 11, District of Columbia,

is hereby repealed.

(b) The table of chapters for title 11, District of Columbia,

is amended by striking the item relating to chapter 23.

(c) The amendments made by this section shall take effect

on the date on which legislation enacted by the Council of the

District of Columbia to establish the Office of the Chief Medical

Examiner in the executive branch of the government of the District

of Columbia takes effect.

PROMPT PAYMENT OF APPOINTED COUNSEL

SEC. 149. (a) ASSESSMENT OF INTEREST FOR DELAYED PAY- MENTS.—If the Superior Court of the District of Columbia or the

District of Columbia Court of Appeals does not make a payment

described in subsection (b) prior to the expiration of the 45-day

period which begins on the date the Court receives a completed

voucher for a claim for the payment, interest shall be assessed

against the amount of the payment which would otherwise be

made to take into account the period which begins on the day

after the expiration of such 45-day period and which ends on the

day the Court makes the payment.

(b) PAYMENTS DESCRIBED.—A payment described in this subsection is—

(1) a payment authorized under section 11–2604 and section 11–2605, D.C. Code (relating to representation provided

under the District of Columbia Criminal Justice Act);

(2) a payment for counsel appointed in proceedings in the

Family Division of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Code; or

114 STAT. 2762A–36 PUBLIC LAW 106–553—APPENDIX A

(3) a payment for counsel authorized under section 21– 2060, D.C. Code (relating to representation provided under

the District of Columbia Guardianship, Protective Proceedings,

and Durable Power of Attorney Act of 1986).

(c) STANDARDS FOR SUBMISSION OF COMPLETED VOUCHERS.— The chief judges of the Superior Court of the District of Columbia

and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for

claims for payments described in subsection (b) are complete, and

shall publish and make such standards and criteria available to

attorneys who practice before such Courts.

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed to require the assessment of interest against any claim

(or portion of any claim) which is denied by the Court involved.

(e) EFFECTIVE DATE.—This section shall apply with respect

to claims received by the Superior Court of the District of Columbia

or the District of Columbia Court of Appeals after the expiration

of the 90-day period which begins on the date of the enactment

of this Act.

SEC. 150. (a) Effective 120 days after the date of the enactment

of this Act, it shall be unlawful for any person to distribute any

needle or syringe for the hypodermic injection of any illegal drug

in any area of the District of Columbia which is within 1,000

feet of a public or private elementary or secondary school (including

a public charter school). It is stipulated that based on a survey

by the Metropolitan Police Department of the District of Columbia

that sites at 4th Street Northeast and Rhode Island Avenue Northeast, Southern Avenue Southeast and Central Avenue Southeast,

1st Street Southeast and M Street Southeast, 21st Street Northeast

and H Street Northeast, Minnesota Avenue Northeast and Clay

Place Northeast, and 15th Street Southeast and Ives Street Southeast are outside the 1,000-foot perimeter. Sites at North Capitol

Street and New York Avenue Northeast, Division Avenue Northeast

and Foote Street Northeast, Georgia Avenue Northwest and New

Hampshire Avenue Northwest, and 15th Street Northeast and A

Street Northeast are found to be within the 1,000-foot perimeter.

(b) The Public Housing Police of the District of Columbia Housing Authority shall prepare a monthly report on activity involving

illegal drugs at or near any public housing site where a needle

exchange program is conducted, and shall submit such reports

to the Executive Director of the District of Columbia Housing

Authority, who shall submit them to the Committees on Appropriations of the House of Representatives and Senate. The Executive

Director shall ascertain any concerns of the residents of any public

housing site about any needle exchange program conducted on

or near the site, and this information shall be included in these

reports. The District of Columbia Government shall take appropriate action to require relocation of any such program if so recommended by the police or by a significant number of residents

of such site.

FEDERAL CONTRIBUTION FOR ENFORCEMENT OF LAW BANNING

POSSESSION OF TOBACCO PRODUCTS BY MINORS

SEC. 151. (a) CONTRIBUTION.—There is hereby appropriated a Federal contribution of $100,000 to the Metropolitan Police

Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which reads as follows:

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–37

‘‘SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS.

‘‘(a) IN GENERAL.—It shall be unlawful for any individual under

18 years of age to possess any cigarette or other tobacco product

in the District of Columbia.

‘‘(b) EXCEPTIONS.—

‘‘(1) POSSESSION IN COURSE OF EMPLOYMENT.—Subsection

(a) shall not apply with respect to an individual making a

delivery of cigarettes or tobacco products in pursuance of

employment.

‘‘(2) PARTICIPATION IN LAW ENFORCEMENT OPERATION.—Subsection (a) shall not apply with respect to an individual possessing products in the course of a valid, supervised law enforcement operation.

‘‘(c) PENALTIES.—Any individual who violates subsection (a)

shall be subject to the following penalties:

‘‘(1) For any violation, the individual may be required to

perform community service or attend a tobacco cessation program.

‘‘(2) Upon the first violation, the individual shall be subject

to a civil penalty not to exceed $50.

‘‘(3) Upon the second and each subsequent violation, the

individual shall be subject to a civil penalty not to exceed

$100.

‘‘(4) Upon the third and each subsequent violation, the

individual may have his or her driving privileges in the District

of Columbia suspended for a period of 90 consecutive days.’’.

(b) USE OF CONTRIBUTION.—The Metropolitan Police Department shall use the contribution made under subsection (a) to enforce

the law referred to in such subsection.

SEC. 152. Nothing in this Act bars the District of Columbia

Corporation Counsel from reviewing or commenting on briefs in

private lawsuits, or from consulting with officials of the District

government regarding such lawsuits.

SEC. 153. (a) Nothing in the Federal Grant and Cooperative

Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be construed

to prohibit the Administrator of the Environmental Protection

Agency from negotiating and entering into cooperative agreements

and grants authorized by law which affect real property of the

Federal Government in the District of Columbia if the principal

purpose of the cooperative agreement or grant is to provide comparable benefits for Federal and non-Federal properties in the District of Columbia.

(b) Subsection (a) shall apply with respect to fiscal year 2001

and each succeeding fiscal year.

SEC. 154. (a) IN GENERAL.—The District of Columbia Home

Rule Act, as amended by section 159(a) of this Act, is further

amended by inserting after section 450A the following new section:

‘‘COMPREHENSIVE FINANCIAL MANAGEMENT POLICY

‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL MANAGEMENT POL- ICY.—The District of Columbia shall conduct its financial management in accordance with a comprehensive financial management

policy.

‘‘(b) CONTENTS OF POLICY.—The comprehensive financial

management policy shall include, but not be limited to, the following:

114 STAT. 2762A–38 PUBLIC LAW 106–553—APPENDIX A

‘‘(1) A cash management policy.

‘‘(2) A debt management policy.

‘‘(3) A financial asset management policy.

‘‘(4) An emergency reserve management policy in accordance with section 450A(a). ‘‘(5) A contingency reserve management policy in accordance with section 450A(b). ‘‘(6) A policy for determining real property tax exemptions

for the District of Columbia.

‘‘(c) ANNUAL REVIEW.—The comprehensive financial management policy shall be reviewed at the end of each fiscal year by

the Chief Financial Officer who shall— ‘‘(1) not later than July 1 of each year, submit any proposed

changes in the policy to the Mayor and (in the case of a

fiscal year which is a control year, as defined in section 305(4)

of the District of Columbia Financial Responsibility and

Management Assistance Act of 1995) the District of Columbia

Financial Responsibility and Management Assistance Authority

(Authority) for review;

‘‘(2) not later than August 1 of each year, after consideration of any comments received under paragraph (1), submit

the changes to the Council of the District of Columbia (Council)

for approval; and

‘‘(3) not later than September 1 of each year, notify the

Committees on Appropriations of the Senate and House of

Representatives, the Committee on Government Reform of the

House of Representatives, and the Committee on Governmental

Affairs of the Senate of any changes enacted by the Council.

‘‘(d) PROCEDURE FOR DEVELOPMENT OF FIRST COMPREHENSIVE

FINANCIAL MANAGEMENT POLICY.—

‘‘(1) CHIEF FINANCIAL OFFICER.—Not later than April 1,

2001, the Chief Financial Officer shall submit to the Mayor

an initial proposed comprehensive financial management policy

for the District of Columbia pursuant to this section.

‘‘(2) COUNCIL.—Following review and comment by the

Mayor, not later than May 1, 2001, the Chief Financial Officer

shall submit the proposed financial management policy to the

Council for its prompt review and adoption. ‘‘(3) AUTHORITY.—Upon adoption of the financial management policy under paragraph (2), the Council shall immediately

submit the policy to the Authority for a review of not to exceed

30 days. ‘‘(4) CONGRESS.—Following review of the financial management policy by the Authority under paragraph (3), the Authority

shall submit the policy to the Committees on Appropriations

of the Senate and House of Representatives, the Committee

on Government Reform of the House of Representatives, and

the Committee on Governmental Affairs of the Senate for

review, and the policy shall take effect 30 days after the date

the policy is submitted under this paragraph.’’. (b) CLERICAL AMENDMENT.—The table of contents for the District of Columbia Home Rule Act is amended by inserting after

the item relating to section 450A the following new item:

‘‘Sec. 450B. Comprehensive financial management policy.’’.

(c) EFFECTIVE DATE.—This section and the amendments made

by this section shall take effect on October 1, 2000.

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–39

APPOINTMENT AND DUTIES OF CHIEF FINANCIAL OFFICER

SEC. 155. (a) APPOINTMENT AND DISMISSAL.—Section 424(b)

of the District of Columbia Home Rule Act (sec. 47–317.2, D.C.

Code) is amended—

(1) in paragraph (1)(B), by adding at the end the following:

‘‘Upon confirmation by the Council, the name of the Chief

Financial Officer shall be submitted to the Committees on

Appropriations of the Senate and House of Representatives,

the Committee on Governmental Affairs of the Senate, and

the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before

the appointment takes effect.’’; and

(2) in paragraph (2)(B), by striking the period at the end

and inserting the following: ‘‘upon dismissal by the Mayor

and approval of that dismissal by a 2⁄3 vote of the Council.

Upon approval of the dismissal by the Council, notice of the

dismissal shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee

on Government Reform of the House of Representatives for

a 30-day period of review and comment before the dismissal

takes effect.’’.

(b) FUNCTIONS.—

(1) IN GENERAL.—Section 424(c) of such Act (sec. 47–317.3,

D.C. Code) is amended—

(A) in the heading, by striking ‘‘DURING A CONTROL

YEAR’’;

(B) in the matter preceding paragraph (1), by striking

‘‘During a control year, the Chief Financial Officer’’ and

inserting ‘‘The Chief Financial Officer’’;

(C) in paragraph (1), by striking ‘‘Preparing’’ and

inserting ‘‘During a control year, preparing’’;

(D) in paragraph (3), by striking ‘‘Assuring’’ and inserting ‘‘During a control year, assuring’’;

(E) in paragraph (5), by striking ‘‘With the approval’’

and all that follows through ‘‘the Council—’’ and inserting

‘‘Preparing and submitting to the Mayor and the

Council, with the approval of the Authority during a control

year—’’;

(F) in paragraph (11), by striking ‘‘or the Authority’’

and inserting ‘‘(or by the Authority during a control year)’’;

and

(G) by adding at the end the following new paragraphs:

‘‘(18) Exercising responsibility for the administration and

supervision of the District of Columbia Treasurer (except that

the Chief Financial Officer may delegate any portion of such

responsibility as the Chief Financial Officer considers appropriate and consistent with efficiency).

‘‘(19) Administering all borrowing programs of the District

government for the issuance of long-term and short-term indebtedness.

‘‘(20) Administering the cash management program of the

District government, including the investment of surplus funds

in governmental and non-governmental interest-bearing securities and accounts.

114 STAT. 2762A–40 PUBLIC LAW 106–553—APPENDIX A

‘‘(21) Administering the centralized District government

payroll and retirement systems. ‘‘(22) Governing the accounting policies and systems

applicable to the District government.

‘‘(23) Preparing appropriate annual, quarterly, and monthly

financial reports of the accounting and financial operations

of the District government.

‘‘(24) Not later than 120 days after the end of each fiscal

year, preparing the complete financial statement and report

on the activities of the District government for such fiscal

year, for the use of the Mayor under section 448(a)(4).’’.

(2) CONFORMING AMENDMENTS.—Section 424 of such Act

(sec. 47–317.1 et seq., D.C. Code) is amended— (A) by striking subsection (d);

(B) in subsection (e)(2), by striking ‘‘or subsection (d)’’;

and

(C) by redesignating subsections (e) and (f ) as subsections (d) and (e), respectively.

SEC. 156. (a) Notwithstanding the provisions of the District

of Columbia Government Comprehensive Merit Personnel Act of

1978 (D.C. Law 2–139; D.C. Code 1–601.1 et seq.), or any other

District of Columbia law, statute, regulation, the provisions of the

District of Columbia Personnel Manual, or the provisions of any

collective bargaining agreement, employees of the District of Columbia government will only receive compensation for overtime work

in excess of 40 hours per week (or other applicable tour of duty)

of work actually performed, in accordance with the provisions of

the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

(b) Subsection (a) of this section shall be effective December

27, 1996. The Resolution and Order of the District of Columbia

Financial Responsibility and Management Assistance Authority,

dated December 27, 1996, is hereby ratified and approved and

shall be given full force and effect.

SEC. 157. (a) IN GENERAL.—Notwithstanding section 503 of

Public Law 100–71 and as provided in subsection (b), the Court

Services and Offender Supervision Agency for the District of Columbia (in this section referred to as the ‘‘agency’’) may implement

and administer the Drug Free Workplace Program of the agency,

dated July 28, 2000, for employment applicants of the agency.

(b) EFFECTIVE PERIOD.—The waiver provided by subsection (a)

shall—

(1) take effect on enactment; and

(2) terminate on the date the Department of Health and

Human Services approves the drug program of the agency

pursuant to section 503 of Public Law 100–71 or 12 months

after the date referred to in paragraph (1), whichever is later.

SEC. 158. Commencing October 1, 2000, the Mayor of the District of Columbia shall submit to the Senate and House Committees

on Appropriations, the Senate Governmental Affairs Committee,

and the House Government Reform Committee quarterly reports

addressing the following issues: (1) crime, including the homicide

rate, implementation of community policing, the number of police

officers on local beats, and the closing down of open-air drug markets; (2) access to drug abuse treatment, including the number

of treatment slots, the number of people served, the number of

people on waiting lists, and the effectiveness of treatment programs;

(3) management of parolees and pre-trial violent offenders, including

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–41

the number of halfway house escapes and steps taken to improve

monitoring and supervision of halfway house residents to reduce

the number of escapes to be provided in consultation with the

Court Services and Offender Supervision Agency; (4) education,

including access to special education services and student achievement to be provided in consultation with the District of Columbia

Public Schools; (5) improvement in basic District services, including

rat control and abatement; (6) application for and management

of Federal grants, including the number and type of grants for

which the District was eligible but failed to apply and the number

and type of grants awarded to the District but which the District

failed to spend the amounts received; and (7) indicators of child

well-being.

RESERVE FUNDS

SEC. 159. (a) ESTABLISHMENT OF RESERVE FUNDS.—

(1) IN GENERAL.—The District of Columbia Home Rule Act

is amended by inserting after section 450 the following new

section:

‘‘RESERVE FUNDS

‘‘SEC. 450A. (a) EMERGENCY RESERVE FUND.— ‘‘(1) IN GENERAL.—There is established an emergency cash

reserve fund (in this subsection referred to as the ‘emergency

reserve fund’) as an interest-bearing account (separate from

other accounts in the General Fund) into which the Mayor

shall deposit in cash not later than February 15 of each fiscal

year (or not later than October 1, 2000, in the case of fiscal

year 2001) such amount as may be required to maintain a

balance in the fund of at least 4 percent of the total budget

appropriated for operating expenditures for such fiscal year

which is derived from local funds (or, in the case of fiscal

years prior to fiscal year 2004, such amount as may be required

to maintain a balance in the fund of at least the minimum

emergency reserve balance for such fiscal year, as determined

under paragraph (2)).

‘‘(2) DETERMINATION OF MINIMUM EMERGENCY RESERVE BALANCE.—

‘‘(A) IN GENERAL.—The ‘minimum emergency reserve

balance’ with respect to a fiscal year is the amount equal

to the applicable percentage of the total budget appropriated for operating expenditures for such fiscal year

which is derived from local funds.

‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In subparagraph (A), the ‘applicable percentage’ with respect to a

fiscal year means the following:

‘‘(i) For fiscal year 2001, 1 percent.

‘‘(ii) For fiscal year 2002, 2 percent.

‘‘(iii) For fiscal year 2003, 3 percent. ‘‘(3) INTEREST.—Interest earned on the emergency reserve

fund shall remain in the account and shall only be withdrawn

in accordance with paragraph (4).

‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMERGENCY RESERVE

FUND.—The Chief Financial Officer, in consultation with the

Mayor, shall develop a policy to govern the emergency reserve

114 STAT. 2762A–42 PUBLIC LAW 106–553—APPENDIX A

fund which shall include (but which may not be limited to)

the following requirements: ‘‘(A) The emergency reserve fund may be used to provide for unanticipated and nonrecurring extraordinary

needs of an emergency nature, including a natural disaster

or calamity as defined by section 102 of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act

(Public Law 100–707) or unexpected obligations by Federal

law.

‘‘(B) The emergency reserve fund may also be used

in the event of a State of Emergency as declared by the

Mayor pursuant to section 5 of the District of Columbia

Public Emergency Act of 1980 (sec. 6–1504, D.C. Code).

‘‘(C) The emergency reserve fund may not be used

to fund—

‘‘(i) any department, agency, or office of the

Government of the District of Columbia which is

administered by a receiver or other official appointed

by a court;

‘‘(ii) shortfalls in any projected reductions which

are included in the budget proposed by the District

of Columbia for the fiscal year; or

‘‘(iii) settlements and judgments made by or

against the Government of the District of Columbia.

‘‘(5) ALLOCATION OF EMERGENCY CASH RESERVE FUNDS.—

Funds may be allocated from the emergency reserve fund only

after—

‘‘(A) an analysis has been prepared by the Chief Financial Officer of the availability of other sources of funding

to carry out the purposes of the allocation and the impact

of such allocation on the balance and integrity of the emergency reserve fund; and

‘‘(B) with respect to fiscal years beginning with fiscal

year 2005, the contingency reserve fund established by

subsection (b) has been projected by the Chief Financial

Officer to be exhausted at the time of the allocation.

‘‘(6) NOTICE.—The Mayor, the Council, and (in the case

of a fiscal year which is a control year, as defined in section

305(4) of the District of Columbia Financial Responsibility and

Management Assistance Act of 1995) the District of Columbia

Financial Responsibility and Management Assistance Authority

shall notify the Committees on Appropriations of the Senate

and House of Representatives in writing not more than 30

days after the expenditure of funds from the emergency reserve

fund.

‘‘(7) REPLENISHMENT.—The District of Columbia shall

appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the emergency

reserve fund during the preceding fiscal year by the following

fiscal year. Once the emergency reserve equals 4 percent of

total budget appropriated from local funds for operating

expenditures for the fiscal year, the District of Columbia shall

appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the emergency

reserve fund during the preceding year to maintain a balance

of at least 4 percent of total funds appropriated from local

funds for operating expenditures by the following fiscal year.

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–43

‘‘(b) CONTINGENCY RESERVE FUND.— ‘‘(1) IN GENERAL.—There is established a contingency cash

reserve fund (in this subsection referred to as the ‘contingency

reserve fund’) as an interest-bearing account (separate from

other accounts in the General Fund) into which the Mayor

shall deposit in cash not later than October 1 of each fiscal

year (beginning with fiscal year 2005) such amount as may

be required to maintain a balance in the fund of at least

3 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds

(or, in the case of fiscal years prior to fiscal year 2007, such

amount as may be required to maintain a balance in the

fund of at least the minimum contingency reserve balance

for such fiscal year, as determined under paragraph (2)).

‘‘(2) DETERMINATION OF MINIMUM CONTINGENCY RESERVE

BALANCE.—

‘‘(A) IN GENERAL.—The ‘minimum contingency reserve

balance’ with respect to a fiscal year is the amount equal

to the applicable percentage of the total budget appropriated from local funds for operating expenditures for

such fiscal year which is derived from local funds.

‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In subparagraph (A), the ‘applicable percentage’ with respect to a

fiscal year means the following:

‘‘(i) For fiscal year 2005, 1 percent.

‘‘(ii) For fiscal year 2006, 2 percent.

‘‘(3) INTEREST.—Interest earned on the contingency reserve

fund shall remain in the account and may only be withdrawn

in accordance with paragraph (4).

‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CONTINGENCY

RESERVE FUND.—The Chief Financial Officer, in consultation

with the Mayor, shall develop a policy governing the use of

the contingency reserve fund which shall include (but which

may not be limited to) the following requirements:

‘‘(A) The contingency reserve fund may only be used

to provide for nonrecurring or unforeseen needs that arise

during the fiscal year, including expenses associated with

unforeseen weather or other natural disasters, unexpected

obligations created by Federal law or new public safety

or health needs or requirements that have been identified

after the budget process has occurred, or opportunities

to achieve cost savings.

‘‘(B) The contingency reserve fund may be used, if

needed, to cover revenue shortfalls experienced by the District government for 3 consecutive months (based on a

2 month rolling average) that are 5 percent or more below

the budget forecast.

‘‘(C) The contingency reserve fund may not be used

to fund any shortfalls in any projected reductions which

are included in the budget proposed by the District of

Columbia for the fiscal year.

‘‘(5) ALLOCATION OF CONTINGENCY CASH RESERVE.—Funds

may be allocated from the contingency reserve fund only after

an analysis has been prepared by the Chief Financial Officer

of the availability of other sources of funding to carry out

the purposes of the allocation and the impact of such allocation

on the balance and integrity of the contingency reserve fund.

114 STAT. 2762A–44 PUBLIC LAW 106–553—APPENDIX A

‘‘(6) REPLENISHMENT.—The District of Columbia shall

appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the contingency

reserve fund during the preceding fiscal year by the following

fiscal year. Once the contingency reserve equals 3 percent of

total funds appropriated from local funds for operating expenditures, the District of Columbia shall appropriate sufficient funds

each fiscal year in the budget process to replenish any amounts

allocated from the contingency reserve fund during the preceding year to maintain a balance of at least 3 percent of total

funds appropriated from local funds for operating expenditures

by the following fiscal year.

‘‘(c) QUARTERLY REPORTS.—The Chief Financial Officer shall

submit a quarterly report to the Mayor, the Council, the District

of Columbia Financial Responsibility and Management Assistance

Authority (in the case of a fiscal year which is a control year,

as defined in section 305(4) of the District of Columbia Financial

Responsibility and Management Assistance Act of 1995), and the

Committees on Appropriations of the Senate and House of Representatives that includes a monthly statement on the balance

and activities of the contingency and emergency reserve funds.’’.

(2) CLERICAL AMENDMENT.—The table of contents for the

District of Columbia Home Rule Act is amended by inserting

after the item relating to section 450 the following new item:

‘‘Sec. 450A. Reserve funds.’’.

(b) CONFORMING AMENDMENTS.—

(1) CURRENT RESERVE FUND.—Section 202( j) of the District

of Columbia Financial Responsibility and Management Assistance Act of 1995 (sec. 47–392.2( j), D.C. Code) is amended—

(A) in paragraph (1), by striking ‘‘Beginning with fiscal

year 2000, the plan or budget submitted pursuant to this

Act’’ and inserting ‘‘For each of the fiscal years 2000

through 2004, the budget of the District government for

the fiscal year’’; and

(B) by adding at the end the following new paragraph:

‘‘(4) REPLENISHMENT.—Any amount of the reserve funds

which is expended in one fiscal year shall be replenished in

the reserve funds from the following fiscal year appropriations

to maintain the $150,000,000 balance.’’.

(2) POSITIVE FUND BALANCE.—Section 202(k) of such Act

(sec. 47–392.2(k), D.C. Code) is repealed.

(c) EFFECTIVE DATE.—This section and the amendments made

by this section shall take effect on October 1, 2000.

TREATMENT OF REVENUE BONDS SECURED BY TOBACCO SETTLEMENT

PAYMENTS

SEC. 160. (a) PERMITTING COUNCIL TO DELEGATE AUTHORITY

TO ISSUE BONDS.—

(1) IN GENERAL.—Section 490 of the District of Columbia

Home Rule Act (sec. 47–334, D.C. Code) is amended—

(A) by redesignating subsections (i) through (m) as

subsections ( j) through (n), respectively; and

(B) by inserting after subsection (h) the following new

subsection:

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–45

‘‘(i)(1) The Council may delegate to the District of Columbia

Tobacco Settlement Financing Corporation (hereafter in this subsection referred to as the ‘‘Corporation’’) established pursuant to

the Tobacco Settlement Financing Act of 2000 the authority of

the Council under subsection (a) to issue revenue bonds, notes,

and other obligations which are used to borrow money to finance

or assist in the financing or refinancing of capital projects and

other undertakings of the District of Columbia and which are payable solely from and secured by payments under the Master Tobacco

Settlement Agreement. The Corporation may exercise authority

delegated to it by the Council as described in the first sentence

of this paragraph (whether such delegation is made before or after

the date of the enactment of this subsection) only in accordance

with this subsection and the provisions of the Tobacco Settlement

Financing Act of 2000.

‘‘(2) Revenue bonds, notes, and other obligations issued by

the Corporation under a delegation of authority described in paragraph (1) shall be issued by resolution of the Corporation, and

any such resolution shall not be considered to be an act of the

Council.

‘‘(3) The fourth sentence of section 446 shall not apply to—

‘‘(A) any amount (including the amount of any accrued

interest or premium) obligated or expended from the proceeds

of the sale of any revenue bond, note, or other obligation issued

pursuant to this subsection;

‘‘(B) any amount obligated or expended for the payment

of the principal of, interest on, or any premium for any revenue

bond, note, or other obligation issued pursuant to this subsection;

‘‘(C) any amount obligated or expended to secure any revenue bond, note, or other obligation issued pursuant to this

subsection; or

‘‘(D) any amount obligated or expended for repair, maintenance, and capital improvements to facilities financed pursuant

to this subsection.

‘‘(4) In this subsection, the term ‘Master Tobacco Settlement

Agreement’ means the settlement agreement (and related documents), as may be amended from time to time, entered into on

November 23, 1998, by the District of Columbia and leading United

States tobacco product manufacturers.’’.

(2) CONFORMING AMENDMENT.—The fourth sentence of section 446 of such Act (sec. 47–304, D.C. Code) is amended

by striking ‘‘and (h)(3)’’ and inserting ‘‘(h)(3), and (i)(3)’’.

(b) WAIVER OF CONGRESSIONAL REVIEW PERIOD FOR TOBACCO

SETTLEMENT FINANCING ACT.—Notwithstanding section 602(c)(1) of

the District of Columbia Home Rule Act (sec. 1–233(c)(1), D.C.

Code), the Tobacco Settlement Financing Act of 2000 (title XXXVII

of D.C. Act 13–375, as amended by section 8(e) of D.C. Act 13–

387) shall take effect on the date of the enactment of such Act

or the date of the enactment of this Act, whichever is later.

SEC. 161. Section 603(e) of the Student Loan Marketing Association Reorganization Act of 1996 (Public Law 104–208; 110 Stat.

3009–293), as amended by section 153 of the District of Columbia

Appropriations Act, 2000, is amended—

(1) by amending the second sentence of paragraph (2)(B)

to read as follows: ‘‘Of such amounts and proceeds, $5,000,000

shall be set aside for a credit enhancement fund for public

114 STAT. 2762A–46 PUBLIC LAW 106–553—APPENDIX A

charter schools in the District of Columbia, to be administered

and disbursed in accordance with paragraph (3).’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) CREDIT ENHANCEMENT FUND FOR PUBLIC CHARTER

SCHOOLS.—

‘‘(A) DISTRIBUTION OF AMOUNTS.—Of the amounts in

the credit enhancement fund established under paragraph

(2)(B)— ‘‘(i) 50 percent shall be used to make grants under

subparagraph (B); and ‘‘(ii) 50 percent shall be used to make grants under

subparagraph (C).

‘‘(B) GRANTS TO ELIGIBLE NONPROFIT CORPORATIONS.— ‘‘(i) IN GENERAL.—Using the amounts described in

subparagraph (A)(i), not later than 1 year after the

date of the enactment of the District of Columbia

Appropriations Act, 2001, the Mayor of the District

of Columbia shall make and disburse grants to eligible

nonprofit corporations to carry out the purposes

described in subparagraph (E). ‘‘(ii) ADMINISTRATION.—The Mayor shall administer the program of grants under this subparagraph,

except that if the committee described in subparagraph

(C)(iii) is in operation and is fully functional prior

to the date the Mayor makes the grants, the Mayor

may delegate the administration of the program to

the committee.

‘‘(C) OTHER GRANTS.—

‘‘(i) IN GENERAL.—Using the amounts described in

subparagraph (A)(ii), the Mayor of the District of

Columbia shall make grants to entities to carry out

the purposes described in subparagraph (E).

‘‘(ii) PARTICIPATION OF SCHOOLS.—A public charter

school in the District of Columbia may receive a grant

under this subparagraph to carry out the purposes

described in subparagraph (E) in the same manner

as other entities receiving grants to carry out such

activities.

‘‘(iii) ADMINISTRATION THROUGH COMMITTEE.—The

Mayor shall carry out this subparagraph through the

committee appointed by the Mayor under the second

sentence of paragraph (2)(B) (as in effect prior to the

enactment of the District of Columbia Appropriations

Act, 2001). The committee may enter into an agreement

with a third party to carry out its responsibilities under

this subparagraph.

‘‘(iv) CAP ON ADMINISTRATIVE COSTS.—Not more

than 10 percent of the funds available for grants under

this subparagraph may be used to cover the administrative costs of making grants under this subparagraph.

‘‘(D) SPECIAL RULE REGARDING ELIGIBILITY OF NONPROFIT CORPORATIONS.—In order to be eligible to receive

a grant under this paragraph, a nonprofit corporation must

provide appropriate certification to the Mayor or to the

committee described in subparagraph (C)(iii) (as the case

may be) that it is duly authorized by two or more public

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–47

charter schools in the District of Columbia to act on their

behalf in obtaining financing (or in assisting them in

obtaining financing) to cover the costs of activities described

in subparagraph (E)(i).

‘‘(E) PURPOSES OF GRANTS.—

‘‘(i) IN GENERAL.—The recipient of a grant under

this paragraph shall use the funds provided under

the grant to carry out activities to assist public charter

schools in the District of Columbia in—

‘‘(I) obtaining financing to acquire interests

in real property (including by purchase, lease, or

donation), including financing to cover planning,

development, and other incidental costs;

‘‘(II) obtaining financing for construction of

facilities or the renovation, repair, or alteration

of existing property or facilities (including the purchase or replacement of fixtures and equipment),

including financing to cover planning, development, and other incidental costs; and

‘‘(III) enhancing the availability of loans

(including mortgages) and bonds.

‘‘(ii) NO DIRECT FUNDING FOR SCHOOLS.—Funds

provided under a grant under this subparagraph may

not be used by a recipient to make direct loans or

grants to public charter schools.’’.

SEC. 162. (a) EXCLUSIVE AUTHORITY OF MAYOR.—Notwithstanding section 451 of the District of Columbia Home Rule Act or

any other provision of District of Columbia or Federal law to the

contrary, the Mayor of the District of Columbia shall have the

exclusive authority to approve and execute leases of the Washington

Marina and the Washington municipal fish wharf with the existing

lessees thereof for an initial term of 30 years, together with such

other terms and conditions (including renewal options) as the Mayor

deems appropriate.

(b) DEFINITIONS.—In this section—

(1) the term ‘‘Washington Marina’’ means the portions of

Federal property in the Southwest quadrant of the District

of Columbia within Lot 848 in Square 473, the unassessed

Federal real property adjacent to Lot 848 in Square 473, and

riparian rights appurtenant thereto; and

(2) the term ‘‘Washington municipal fish wharf’’ means

the water frontage on the Potomac River lying south of Water

Street between 11th and 12th Streets, including the buildings

and wharves thereon.

SEC. 163. Section 11201(g)(4)(A) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (D.C. Code,

sec. 24–1201(g)(4)(A)) is amended—

(1) by redesignating clauses (vi) through (ix) as clauses

(vii) through (x), respectively; and

(2) by inserting after clause (v) the following:

‘‘(vi) immediately upon completing the remediation

required under clause (ii) (but in no event later than

June 1, 2003), transfer any property located south

of Silverbrooke Road which is identified for use for

educational purposes in the Fairfax County reuse plan

to the County, without consideration, subject to the

114 STAT. 2762A–48 PUBLIC LAW 106–553—APPENDIX A

condition that the County use the property only for

educational purposes;’’.

SEC. 164. (a) Section 208(a) of the District of Columbia Procurement Practices Act of 1985 (sec. 1–1182.8(a), D.C. Code) is

amended—

(1) in paragraph (4)(A), by striking ‘‘the same auditor)’’

and inserting ‘‘the same auditor, except as may be provided

in paragraph (5)); and

(2) by adding at the end the following new paragraph:

‘‘(5) Notwithstanding paragraph (4)(A), an auditor who is a

subcontractor to the auditor who audited the financial statement

and report described in paragraph (3)(H) for a fiscal year may

audit the financial statement and report for any succeeding fiscal

year (as either the prime auditor or as a subcontractor to another

auditor) if—

‘‘(A) such subcontractor is not a signatory to the statement

and report for the previous fiscal year;

‘‘(B) the prime auditor reviewed and approved the work

of the subcontractor on the statement and report for the previous fiscal year; and

‘‘(C) the subcontractor is not an employee of the prime

contractor or of an entity owned, managed, or controlled by

the prime contractor.’’.

(b) The amendment made by subsection (a) shall apply with

respect to financial statements and reports for activities of the

District of Columbia Government for fiscal years beginning with

fiscal year 2001.

SEC. 165. Section 11201(g) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (D.C. Code,

sec. 24–1201(g)) is amended by adding at the end the following

new paragraph:

‘‘(6) MEADOWOOD FARM LAND EXCHANGE.—

‘‘(A) IN GENERAL.—If, not later than January 15, 2001,

Fairfax County, Virginia, agrees to convey fee simple title

to the property on Mason Neck in excess of 800 acres

depicted on the map dated June 2000, on file in the Office

of the Director of the Bureau of Land Management, Eastern

States (hereafter in this paragraph referred to as

‘Meadowood Farm’) to the Secretary of the Interior, then

the Administrator of General Services shall agree to convey

to Fairfax County, Virginia, fee simple title to the property

located at the Lorton Correctional Complex north of

Silverbrook Road, and consisting of more than 200 acres

identified in the Fairfax County Reuse Plan, dated July

26, 1999, as land available for residential development

in Land Units 1 and 2 (hereafter in this paragraph referred

to as the ‘Laurel Hill Residential Land’), the actual

exchange to occur no later than December 31, 2001.

‘‘(B) TERMS AND CONDITIONS.—(i) When Fairfax County

transfers fee simple title to Meadowood Farm to the Secretary of the Interior, the Administrator of General Services

shall simultaneously transfer to the County the Laurel

Hill Residential Land.

‘‘(ii) The transfer of property to Fairfax County, Virginia, under clause (i) shall be subject to such terms and

conditions that the Administrator of General Services

PUBLIC LAW 106–553—APPENDIX A 114 STAT. 2762A–49

considers to be appropriate to protect the interests of the

United States. ‘‘(iii) Any proceeds derived from the sale of the Laurel

Hill Residential Land by Fairfax County that exceed the

County’s cost of acquiring, financing (which shall be deemed

a County cost from the time of financing of the Meadowood

Farm acquisition to the receipt of proceeds of the sale

or sales of the Laurel Hill Residential Land until such

time as the proceeds of such sale or sales exceed the

acquisition and financing costs of Meadowood Farm to the

County), preparing, and conveying Meadowood Farm and

costs incurred for improving, preparing, and conveying the

Laurel Hill Residential Land shall be remitted to the

United States and deposited into the special fund established pursuant to paragraph (4)(A)(viii).

‘‘(C) MANAGEMENT OF PROPERTY.—The property transferred to the Secretary of the Interior under this section

shall be managed by the Bureau of Land Management

for public use and recreation purposes.’’. SEC. 166. Section 158(b) of the District of Columbia Appropriations Act, 2000 (Public Law 106–113; 113 Stat. 1527) is amended

to read as follows:

‘‘(b) SOURCE OF FUNDS; TRANSFER.—An amount not to exceed

$5,000,000 from the National Highway System funds apportioned

to the District of Columbia under section 104 of title 23, United

States Code, may be used for purposes of carrying out the project

under subsection (a).’’.

This Act may be cited as the ‘‘District of Columbia Appropriations Act, 2001’’.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–51

[This appendix was recertified as an authentic copy of the bill]

APPENDIX B—H.R. 5548

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2001, and for other purposes, namely:

TITLE I—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $88,713,000, of which not to exceed $3,317,000

is for the Facilities Program 2000, to remain available until

expended: Provided, That not to exceed 43 permanent positions

and 44 full-time equivalent workyears and $8,136,000 shall be

expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 2000: Provided

further, That not to exceed 41 permanent positions and 48 fulltime equivalent workyears and $4,811,000 shall be expended for

the Offices of Legislative Affairs and Public Affairs: Provided further, That the latter two aforementioned offices may utilize nonreimbursable details of career employees within the caps described

in the aforementioned proviso: Provided further, That the Attorney

General is authorized to transfer, under such terms and conditions

as the Attorney General shall specify, forfeited real or personal

property of limited or marginal value, as such value is determined

by guidelines established by the Attorney General, to a State or

local government agency, or its designated contractor or transferee,

for use to support drug abuse treatment, drug and crime prevention

and education, housing, job skills, and other community-based public health and safety programs: Provided further, That any transfer

under the preceding proviso shall not create or confer any private

right of action in any person against the United States, and shall

be treated as a reprogramming under section 605 of this Act.

JOINT AUTOMATED BOOKING SYSTEM

For expenses necessary for the nationwide deployment of a

Joint Automated Booking System including automated capability

to transmit fingerprint and image data, $15,915,000, to remain

available until expended.

114 STAT. 2762A–52 PUBLIC LAW 106–553—APPENDIX B

NARROWBAND COMMUNICATIONS

For the costs of conversion to narrowband communications,

including the cost for operation and maintenance of Land Mobile

Radio legacy systems, $205,000,000, to remain available until

expended.

COUNTERTERRORISM FUND

For necessary expenses, as determined by the Attorney General, $5,000,000, to remain available until expended, to reimburse any

Department of Justice organization for: (1) the costs incurred in

reestablishing the operational capability of an office or facility which

has been damaged or destroyed as a result of any domestic or

international terrorist incident; and (2) the costs of providing support to counter, investigate or prosecute domestic or international

terrorism, including payment of rewards in connection with these

activities: Provided, That any Federal agency may be reimbursed

for the costs of detaining in foreign countries individuals accused

of acts of terrorism that violate the laws of the United States:

Provided further, That funds provided under this paragraph shall

be available only after the Attorney General notifies the Committees

on Appropriations of the House of Representatives and the Senate

in accordance with section 605 of this Act.

TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

For payments authorized by section 109 of the Communications Assistance for Law Enforcement Act (47 U.S.C. 1008), $201,420,000,

to remain available until expended.

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and clemency petitions and immigration related activities, $161,062,000.

DETENTION TRUSTEE

For necessary expenses to establish a Federal Detention

Trustee who shall exercise all power and functions authorized by

law relating to the detention of Federal prisoners in non-Federal

institutions or otherwise in the custody of the United States Marshals Service; and the detention of aliens in the custody of the

Immigration and Naturalization Service, $1,000,000: Provided, That

the Trustee shall be responsible for construction of detention facilities or for housing related to such detention; the management

of funds appropriated to the Department for the exercise of any

detention functions; and the direction of the United States Marshals

Service and Immigration and Naturalization Service with respect

to the exercise of detention policy setting and operations for the

Department.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $41,575,000; including not to exceed $10,000 to meet

unforeseen emergencies of a confidential character, to be expended

under the direction of, and to be accounted for solely under the

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

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–53

maintenance, and operation of motor vehicles, without regard to

the general purchase price limitation for the current fiscal year.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission as authorized by law, $8,855,000.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed

$20,000 for expenses of collecting evidence, to be expended under

the direction of, and to be accounted for solely under the certificate

of, the Attorney General; and rent of private or Government-owned

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

exceed $10,000,000 for litigation support contracts shall remain

available until expended: Provided, That of the funds available

in this appropriation, $18,877,000 shall remain available until

expended only for office automation systems for the legal divisions

covered by this appropriation, and for the United States Attorneys,

the Antitrust Division, the United States Trustee Program, the

Executive Office for Immigration Review, the Community Relations

Service, and offices funded through ‘‘Salaries and Expenses’’, General Administration: Provided further, That of the total amount

appropriated, not to exceed $1,000 shall be available to the United

States National Central Bureau, INTERPOL, for official reception

and representation expenses.

In addition, for reimbursement of expenses of the Department

of Justice associated with processing cases under the National

Childhood Vaccine Injury Act of 1986, as amended, not to exceed

$4,028,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $95,838,000: Provided, That, notwithstanding section 3302(b) of title 31, United States Code, not to exceed $95,838,000

of offsetting collections derived from fees collected in fiscal year

2001 for premerger notification filings under the Hart-Scott-Rodino

Antitrust Improvements Act of 1976 (15 U.S.C. 18a) shall be

retained and used for necessary expenses in this appropriation,

and shall remain available until expended: Provided further, That

the sum herein appropriated from the general fund shall be reduced

as such offsetting collections are received during fiscal year 2001,

so as to result in a final fiscal year 2001 appropriation from the

general fund estimated at not more than $0.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States

Attorneys, including inter-governmental and cooperative agreements, $1,250,382,000; of which not to exceed $2,500,000 shall

be available until September 30, 2002, for: (1) training personnel

114 STAT. 2762A–54 PUBLIC LAW 106–553—APPENDIX B

in debt collection; (2) locating debtors and their property; (3) paying

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

the United States Government: Provided, That of the total amount

appropriated, not to exceed $8,000 shall be available for official

reception and representation expenses: Provided further, That not

to exceed $10,000,000 of those funds available for automated litigation support contracts shall remain available until expended: Provided further, That not to exceed $2,500,000 for the operation

of the National Advocacy Center shall remain available until

expended: Provided further, That the fourth proviso under the heading ‘‘Salaries and Expenses, United States Attorneys’’ in title I

of H.R. 3421 of the 106th Congress, as enacted by section 1000(a)(1)

of Public Law 106–113 shall apply to amounts made available

under this heading for fiscal year 2001: Provided further, That,

in addition to reimbursable full-time equivalent workyears available

to the Offices of the United States Attorneys, not to exceed 9,439

positions and 9,557 full-time equivalent workyears shall be supported from the funds appropriated in this Act for the United

States Attorneys.

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program,

as authorized by 28 U.S.C. 589a(a), $125,997,000, to remain available until expended and to be derived from the United States

Trustee System Fund: Provided, That, notwithstanding any other

provision of law, deposits to the Fund shall be available in such

amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law,

$125,997,000 of offsetting collections pursuant to 28 U.S.C. 589a(b)

shall be retained and used for necessary expenses in this appropriation and remain available until expended: Provided further, That

the sum herein appropriated from the Fund shall be reduced as

such offsetting collections are received during fiscal year 2001,

so as to result in a final fiscal year 2001 appropriation from the

Fund estimated at $0.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign

Claims Settlement Commission, including services as authorized

by 5 U.S.C. 3109, $1,107,000.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For necessary expenses of the United States Marshals Service;

including the acquisition, lease, maintenance, and operation of

vehicles, and the purchase of passenger motor vehicles for policetype use, without regard to the general purchase price limitation

for the current fiscal year, $572,695,000; of which not to exceed

$6,000 shall be available for official reception and representation

expenses; and of which not to exceed $4,000,000 for development,

implementation, maintenance and support, and training for an automated prisoner information system shall remain available until

expended: Provided, That, in addition to reimbursable full-time

equivalent workyears available to the United States Marshals Service, not to exceed 3,947 positions and 3,895 full-time equivalent

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–55

workyears shall be supported from the funds appropriated in this

Act for the United States Marshals Service.

CONSTRUCTION

For planning, constructing, renovating, equipping, and

maintaining United States Marshals Service prisoner-holding space

in United States courthouses and Federal buildings, including the

renovation and expansion of prisoner movement areas, elevators,

and sallyports, $18,128,000, to remain available until expended.

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND, UNITED STATES MARSHALS SERVICE

Beginning in fiscal year 2000 and thereafter, payment shall

be made from the Justice Prisoner and Alien Transportation System

Fund for necessary expenses related to the scheduling and transportation of United States prisoners and illegal and criminal aliens

in the custody of the United States Marshals Service, as authorized

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

expenses, operations, and the acquisition, lease, and maintenance

of aircraft and support facilities: Provided, That the Fund shall

be reimbursed or credited with advance payments from amounts

available to the Department of Justice, other Federal agencies,

and other sources at rates that will recover the expenses of Fund

operations, including, without limitation, accrual of annual leave

and depreciation of plant and equipment of the Fund: Provided

further, That proceeds from the disposal of Fund aircraft shall

be credited to the Fund: Provided further, That amounts in the

Fund shall be available without fiscal year limitation, and may

be used for operating equipment lease agreements that do not

exceed 10 years.

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

shall be available only for the purchase of two Sabreliner-class

aircraft.

FEDERAL PRISONER DETENTION

For expenses, related to United States prisoners in the custody

of the United States Marshals Service, but not including expenses

otherwise provided for in appropriations available to the Attorney

General, $597,402,000, to remain available until expended: Provided, That hereafter amounts appropriated for Federal Prisoner

Detention shall be available to reimburse the Federal Bureau of

Prisons for salaries and expenses of transporting, guarding and

providing medical care outside of Federal penal and correctional

institutions to prisoners awaiting trial or sentencing.

FEES AND EXPENSES OF WITNESSES

For expenses, mileage, compensation, and per diems of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, and for

per diems in lieu of subsistence, as authorized by law, including

advances, $125,573,000, to remain available until expended; of

which not to exceed $6,000,000 may be made available for planning,

construction, renovations, maintenance, remodeling, and repair of

buildings, and the purchase of equipment incident thereto, for protected witness safesites; of which not to exceed $1,000,000 may

114 STAT. 2762A–56 PUBLIC LAW 106–553—APPENDIX B

be made available for the purchase and maintenance of armored

vehicles for transportation of protected witnesses; and of which

not to exceed $5,000,000 may be made available for the purchase,

installation, and maintenance of secure telecommunications equipment and a secure automated information network to store and

retrieve the identities and locations of protected witnesses.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service,

$8,475,000 and, in addition, up to $1,000,000 of funds made available to the Department of Justice in this Act may be transferred

by the Attorney General to this account: Provided, That notwithstanding any other provision of law, upon a determination by the

Attorney General that emergent circumstances require additional

funding for conflict prevention and resolution activities of the

Community Relations Service, the Attorney General may transfer

such amounts to the Community Relations Service, from available

appropriations for the current fiscal year for the Department of

Justice, as may be necessary to respond to such circumstances:

Provided further, That any transfer pursuant to the previous proviso

shall be treated as a reprogramming under section 605 of this

Act and shall not be available for obligation or expenditure except

in compliance with the procedures set forth in that section.

ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and (G), as amended, $23,000,000, to be derived from the Department of Justice Assets Forfeiture Fund.

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses in accordance with the

Radiation Exposure Compensation Act, $2,000,000.

PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND

For payments to the Radiation Exposure Compensation Trust

Fund of claims covered by the Radiation Exposure Compensation

Act as in effect on June 1, 2000, $10,800,000.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the detection, investigation, and

prosecution of individuals involved in organized crime drug trafficking not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in

the investigation and prosecution of individuals involved in organized crime drug trafficking, $325,898,000, of which $50,000,000

shall remain available until expended: Provided, That any amounts

obligated from appropriations under this heading may be used

under authorities available to the organizations reimbursed from

this appropriation: Provided further, That any unobligated balances

remaining available at the end of the fiscal year shall revert to

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–57

the Attorney General for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures described in section 605 of this Act.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation

for detection, investigation, and prosecution of crimes against the

United States; including purchase for police-type use of not to

exceed 1,236 passenger motor vehicles, of which 1,142 will be for

replacement only, without regard to the general purchase price

limitation for the current fiscal year, and hire of passenger motor

vehicles; acquisition, lease, maintenance, and operation of aircraft;

and not to exceed $70,000 to meet unforeseen emergencies of a

confidential character, to be expended under the direction of, and

to be accounted for solely under the certificate of, the Attorney

General, $3,235,600,000; of which not to exceed $50,000,000 for

automated data processing and telecommunications and technical

investigative equipment and not to exceed $1,000,000 for undercover

operations shall remain available until September 30, 2002; of

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

investigations, foreign counterintelligence, and other activities

related to our national security; of which not to exceed $10,000,000

is authorized to be made available for making advances for expenses

arising out of contractual or reimbursable agreements with State

and local law enforcement agencies while engaged in cooperative

activities related to violent crime, terrorism, organized crime, and

drug investigations: Provided, That not to exceed $45,000 shall

be available for official reception and representation expenses: Provided further, That, in addition to reimbursable full-time equivalent

workyears available to the Federal Bureau of Investigation, not

to exceed 25,569 positions and 25,142 full-time equivalent

workyears shall be supported from the funds appropriated in this

Act for the Federal Bureau of Investigation: Provided further, That

no funds in this Act may be used to provide ballistics imaging

equipment to any State or local authority which has obtained similar equipment through a Federal grant or subsidy unless the State

or local authority agrees to return that equipment or to repay

that grant or subsidy to the Federal Government.

CONSTRUCTION

For necessary expenses to construct or acquire buildings and

sites by purchase, or as otherwise authorized by law (including

equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects;

$16,687,000, to remain available until expended.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of,

the Attorney General; expenses for conducting drug education and

114 STAT. 2762A–58 PUBLIC LAW 106–553—APPENDIX B

training programs, including travel and related expenses for participants in such programs and the distribution of items of token

value that promote the goals of such programs; purchase of not

to exceed 1,358 passenger motor vehicles, of which 1,079 will be

for replacement only, for police-type use without regard to the

general purchase price limitation for the current fiscal year; and

acquisition, lease, maintenance, and operation of aircraft,

$1,363,309,000; of which not to exceed $1,800,000 for research shall

remain available until expended, and of which not to exceed

$4,000,000 for purchase of evidence and payments for information,

not to exceed $10,000,000 for contracting for automated data

processing and telecommunications equipment, and not to exceed

$2,000,000 for laboratory equipment, $4,000,000 for technical equipment, and $2,000,000 for aircraft replacement retrofit and parts,

shall remain available until September 30, 2002; of which not

to exceed $50,000 shall be available for official reception and representation expenses: Provided, That, in addition to reimbursable

full-time equivalent workyears available to the Drug Enforcement

Administration, not to exceed 7,520 positions and 7,412 full-time

equivalent workyears shall be supported from the funds appropriated in this Act for the Drug Enforcement Administration.

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the administration and enforcement

of the laws relating to immigration, naturalization, and alien registration, as follows:

ENFORCEMENT AND BORDER AFFAIRS

For salaries and expenses for the Border Patrol program, the

detention and deportation program, the intelligence program, the

investigations program, and the inspections program, including not

to exceed $50,000 to meet unforeseen emergencies of a confidential

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

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

for police-type use (not to exceed 3,165 passenger motor vehicles,

of which 2,211 are for replacement only), without regard to the

general purchase price limitation for the current fiscal year, and

hire of passenger motor vehicles; acquisition, lease, maintenance

and operation of aircraft; research related to immigration enforcement; for protecting and maintaining the integrity of the borders

of the United States including, without limitation, equipping,

maintaining, and making improvements to the infrastructure; and

for the care and housing of Federal detainees held in the joint

Immigration and Naturalization Service and United States Marshals Service’s Buffalo Detention Facility, $2,547,057,000; of which

not to exceed $10,000,000 shall be available for costs associated

with the training program for basic officer training, and $5,000,000

is for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies

while engaged in cooperative activities related to immigration; of

which not to exceed $5,000,000 is to fund or reimburse other Federal

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

repatriation of smuggled illegal aliens: Provided, That none of the

funds available to the Immigration and Naturalization Service shall

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–59

be available to pay any employee overtime pay in an amount

in excess of $30,000 during the calendar year beginning January

1, 2001: Provided further, That uniforms may be purchased without

regard to the general purchase price limitation for the current

fiscal year: Provided further, That, in addition to reimbursable

full-time equivalent workyears available to the Immigration and

Naturalization Service, not to exceed 19,783 positions and 19,191

full-time equivalent workyears shall be supported from the funds

appropriated under this heading in this Act for the Immigration

and Naturalization Service: Provided further, That none of the

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

continued operation of the San Clemente and Temecula checkpoints

unless the checkpoints are open and traffic is being checked on

a continuous 24-hour basis.

CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND PROGRAM

DIRECTION

For all programs of the Immigration and Naturalization Service

not included under the heading ‘‘Enforcement and Border Affairs’’, $578,819,000, of which not to exceed $400,000 for research shall

remain available until expended: Provided, That not to exceed

$5,000 shall be available for official reception and representation

expenses: Provided further, That the Attorney General may transfer

any funds appropriated under this heading and the heading

‘‘Enforcement and Border Affairs’’ between said appropriations notwithstanding any percentage transfer limitations imposed under

this appropriation Act and may direct such fees as are collected

by the Immigration and Naturalization Service to the activities

funded under this heading and the heading ‘‘Enforcement and Border Affairs’’ for performance of the functions for which the fees

legally may be expended: Provided further, That not to exceed

40 permanent positions and 40 full-time equivalent workyears and

$4,300,000 shall be expended for the Offices of Legislative Affairs

and Public Affairs: Provided further, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or nonreimbursable basis, or any other type of formal or informal transfer

or reimbursement of personnel or funds on either a temporary

or long-term basis: Provided further, That the number of positions

filled through non-career appointment at the Immigration and

Naturalization Service, for which funding is provided in this Act

or is otherwise made available to the Immigration and Naturalization Service, shall not exceed four permanent positions and four

full-time equivalent workyears: Provided further, That none of the

funds available to the Immigration and Naturalization Service shall

be used to pay any employee overtime pay in an amount in excess

of $30,000 during the calendar year beginning January 1, 2001:

Provided further, That funds may be used, without limitation, for

equipping, maintaining, and making improvements to the infrastructure and the purchase of vehicles for police-type use within

the limits of the Enforcement and Border Affairs appropriation:

Provided further, That, in addition to reimbursable full-time equivalent workyears available to the Immigration and Naturalization

Service, not to exceed 3,100 positions and 3,150 full-time equivalent

workyears shall be supported from the funds appropriated under

this heading in this Act for the Immigration and Naturalization

Service: Provided further, That, notwithstanding any other provision

114 STAT. 2762A–60 PUBLIC LAW 106–553—APPENDIX B

of law, during fiscal year 2001, the Attorney General is authorized

and directed to impose disciplinary action, including termination

of employment, pursuant to policies and procedures applicable to

employees of the Federal Bureau of Investigation, for any employee

of the Immigration and Naturalization Service who violates policies

and procedures set forth by the Department of Justice relative

to the granting of citizenship or who willfully deceives the Congress

or department leadership on any matter.

CONSTRUCTION

For planning, construction, renovation, equipping, and maintenance of buildings and facilities necessary for the administration

and enforcement of the laws relating to immigration, naturalization,

and alien registration, not otherwise provided for, $133,302,000,

to remain available until expended: Provided, That no funds shall

be available for the site acquisition, design, or construction of any

Border Patrol checkpoint in the Tucson sector.

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and

maintenance of Federal penal and correctional institutions, including purchase (not to exceed 707, of which 600 are for replacement

only) and hire of law enforcement and passenger motor vehicles,

and for the provision of technical assistance and advice on corrections related issues to foreign governments, $3,476,889,000: Provided, That the Attorney General may transfer to the Health

Resources and Services Administration such amounts as may be

necessary for direct expenditures by that Administration for medical

relief for inmates of Federal penal and correctional institutions:

Provided further, That the Director of the Federal Prison System

(FPS), where necessary, may enter into contracts with a fiscal

agent/fiscal intermediary claims processor to determine the amounts

payable to persons who, on behalf of FPS, furnish health services

to individuals committed to the custody of FPS: Provided further,

That not to exceed $6,000 shall be available for official reception

and representation expenses: Provided further, That not to exceed

$90,000,000 shall remain available for necessary operations until

September 30, 2002: Provided further, That, of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall

remain available until expended to make payments in advance

for grants, contracts and reimbursable agreements, and other

expenses authorized by section 501(c) of the Refugee Education

Assistance Act of 1980, as amended, for the care and security

in the United States of Cuban and Haitian entrants: Provided

further, That the Director of the Federal Prison System may accept

donated property and services relating to the operation of the prison

card program from a not-for-profit entity which has operated such

program in the past notwithstanding the fact that such not-forprofit entity furnishes services under contracts to the Federal Prison

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

houses or other custodial facilities.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–61

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and

equipping of such facilities for penal and correctional use, including

all necessary expenses incident thereto, by contract or force account;

and constructing, remodeling, and equipping necessary buildings

and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force

account, $835,660,000, to remain available until expended, of which

not to exceed $14,000,000 shall be available to construct areas

for inmate work programs: Provided, That labor of United States

prisoners may be used for work performed under this appropriation:

Provided further, That not to exceed 10 percent of the funds appropriated to ‘‘Buildings and Facilities’’ in this or any other Act may

be transferred to ‘‘Salaries and Expenses’’, Federal Prison System,

upon notification by the Attorney General to the Committees on

Appropriations of the House of Representatives and the Senate

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

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and

borrowing authority available, and in accord with the law, and

to make such contracts and commitments, without regard to fiscal

year limitations as provided by section 9104 of title 31, United

States Code, as may be necessary in carrying out the program

set forth in the budget for the current fiscal year for such corporation, including purchase of (not to exceed five for replacement

only) and hire of passenger motor vehicles.

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $3,429,000 of the funds of the corporation shall

be available for its administrative expenses, and for services as

authorized by 5 U.S.C. 3109, to be computed on an accrual basis

to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive

of depreciation, payment of claims, and expenditures which the

said accounting system requires to be capitalized or charged to

cost of commodities acquired or produced, including selling and

shipping expenses, and expenses in connection with acquisition,

construction, operation, maintenance, improvement, protection, or

disposition of facilities and other property belonging to the corporation or in which it has an interest.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe

Streets Act of 1968, as amended (‘‘the 1968 Act’’), and the Missing

Children’s Assistance Act, as amended, including salaries and

expenses in connection therewith, and with the Victims of Crime

Act of 1984, as amended, $197,239,000, to remain available until

expended, as authorized by section 1001 of title I of the Omnibus

114 STAT. 2762A–62 PUBLIC LAW 106–553—APPENDIX B

Crime Control and Safe Streets Act of 1968, as amended by Public

Law 102–534 (106 Stat. 3524).

In addition, for grants, cooperative agreements, and other

assistance authorized by sections 821 and 822 of the Antiterrorism

and Effective Death Penalty Act of 1996 and for other

counterterrorism programs, $220,980,000, to remain available until

expended.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For assistance authorized by the Violent Crime Control and

Law Enforcement Act of 1994 (Public Law 103–322), as amended

(‘‘the 1994 Act’’); the Omnibus Crime Control and Safe Streets

Act of 1968, as amended (‘‘the 1968 Act’’); and the Victims of

Child Abuse Act of 1990, as amended (‘‘the 1990 Act’’),

$2,848,929,000 (including amounts for administrative costs, which

shall be transferred to and merged with the ‘‘Justice Assistance’’

account), to remain available until expended as follows:

(1) $523,000,000 for Local Law Enforcement Block Grants,

pursuant to H.R. 728 as passed by the House of Representatives

on February 14, 1995, except that for purposes of this Act,

Guam shall be considered a ‘‘State’’, the Commonwealth of

Puerto Rico shall be considered a ‘‘unit of local government’’

as well as a ‘‘State’’, for the purposes set forth in paragraphs

(A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 and

for establishing crime prevention programs involving cooperation between community residents and law enforcement personnel in order to control, detect, or investigate crime or the

prosecution of criminals: Provided, That no funds provided

under this heading may be used as matching funds for any

other Federal grant program, of which:

(a) $60,000,000 shall be for Boys and Girls Clubs in

public housing facilities and other areas in cooperation

with State and local law enforcement: Provided, That funds

may also be used to defray the costs of indemnification

insurance for law enforcement officers, and

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

102(2) of H.R. 728;

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

Program, as authorized by section 242(j) of the Immigration

and Nationality Act, as amended;

(3) $686,500,000 for Violent Offender Incarceration and

Truth in Sentencing Incentive Grants pursuant to subtitle A

of title II of the 1994 Act, of which:

(a) $165,000,000 shall be available for payments to

States for incarceration of criminal aliens,

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

Agreement Program,

(c) $34,000,000 shall be reserved by the Attorney General for fiscal year 2001 under section 20109(a) of subtitle

A of title II of the 1994 Act, and

(d) $2,000,000 shall be for the review of State environmental impact statements;

(4) $8,000,000 for the Tribal Courts Initiative;

(5) $569,050,000 for programs authorized by part E of

title I of the 1968 Act, notwithstanding the provisions of section

511 of said Act, of which $69,050,000 shall be for discretionary

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–63

grants under the Edward Byrne Memorial State and Local

Law Enforcement Assistance Programs; (6) $11,500,000 for the Court Appointed Special Advocate

Program, as authorized by section 218 of the 1990 Act;

(7) $2,000,000 for Child Abuse Training Programs for

Judicial Personnel and Practitioners, as authorized by section

224 of the 1990 Act;

(8) $210,179,000 for Grants to Combat Violence Against

Women, to States, units of local government, and Indian tribal

governments, as authorized by section 1001(a)(18) of the 1968

Act, of which:

(a) $31,625,000 shall be used exclusively for the purpose of strengthening civil legal assistance programs for

victims of domestic violence,

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

Justice for research and evaluation of violence against

women,

(c) $10,000,000 shall be for the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, to be administered as authorized by part C of the

Juvenile Justice and Delinquency Act of 1974, as amended,

and

(d) $11,000,000 shall be used exclusively for violence

on college campuses;

(9) $34,000,000 for Grants to Encourage Arrest Policies

to States, units of local government, and Indian tribal governments, as authorized by section 1001(a)(19) of the 1968 Act;

(10) $25,000,000 for Rural Domestic Violence and Child

Abuse Enforcement Assistance Grants, as authorized by section

40295 of the 1994 Act;

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

and parole officers who work with released sex offenders, as

authorized by section 40152(c) of the 1994 Act, and for local

demonstration projects;

(12) $1,000,000 for grants for televised testimony, as

authorized by section 1001(a)(7) of the 1968 Act;

(13) $63,000,000 for grants for residential substance abuse

treatment for State prisoners, as authorized by section

1001(a)(17) of the 1968 Act;

(14) $5,000,000 for demonstration grants on alcohol and

crime in Indian Country;

(15) $900,000 for the Missing Alzheimer’s Disease Patient

Alert Program, as authorized by section 240001(c) of the 1994

Act;

(16) $50,000,000 for Drug Courts, as authorized by title

V of the 1994 Act;

(17) $1,500,000 for Law Enforcement Family Support Programs, as authorized by section 1001(a)(21) of the 1968 Act;

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

marketing scams aimed at senior citizens, as authorized by

section 250005(3) of the 1994 Act;

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

Block Grants (of which $500,000 shall be used to construct

a treatment and security facility for mid-risk youth in Southwest Colorado) except that such funds shall be subject to the

same terms and conditions as set forth in the provisions under

this heading for this program in Public Law 105–119, but

114 STAT. 2762A–64 PUBLIC LAW 106–553—APPENDIX B

all references in such provisions to 1998 shall be deemed to

refer instead to 2001, and Guam shall be considered a ‘‘State’’ for the purposes of title III of H.R. 3, as passed by the House

of Representatives on May 8, 1997; and (20) $1,300,000 for Motor Vehicle Theft Prevention Programs, as authorized by section 220002(h) of the 1994 Act:

Provided further, That funds made available in fiscal year 2001

under subpart 1 of part E of title I of the 1968 Act may be

obligated for programs to assist States in the litigation processing

of death penalty Federal habeas corpus petitions and for drug

testing initiatives: Provided further, That, if a unit of local government uses any of the funds made available under this title to

increase the number of law enforcement officers, the unit of local

government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service:

Provided further, That balances for these programs may be transferred from the Violent Crime Reduction Programs, State and Local

Law Enforcement Assistance account to this account.

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses

of the Executive Office for Weed and Seed, to implement ‘‘Weed

and Seed’’ program activities, $34,000,000, to remain available until

expended, for inter-governmental agreements, including grants,

cooperative agreements, and contracts, with State and local law

enforcement agencies, non-profit organizations, and agencies of local

government, engaged in the investigation and prosecution of violent

crimes and drug offenses in ‘‘Weed and Seed’’ designated communities, and for either reimbursements or transfers to appropriation

accounts of the Department of Justice and other Federal agencies

which shall be specified by the Attorney General to execute the

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

by Congress through language for other Department of Justice

appropriation accounts for ‘‘Weed and Seed’’ program activities shall

be managed and executed by the Attorney General through the

Executive Office for Weed and Seed: Provided further, That the

Attorney General may direct the use of other Department of Justice

funds and personnel in support of ‘‘Weed and Seed’’ program activities only after the Attorney General notifies the Committees on

Appropriations of the House of Representatives and the Senate

in accordance with section 605 of this Act.

COMMUNITY ORIENTED POLICING SERVICES

For activities authorized by the Violent Crime Control and

Law Enforcement Act of 1994, Public Law 103–322 (‘‘the 1994

Act’’) (including administrative costs), $1,032,325,000, to remain

available until expended; of which $130,000,000 shall be available

to the Office of Justice Programs to carry out section 102 of the

Crime Identification Technology Act of 1998 (42 U.S.C. 14601),

of which $35,000,000 is for grants to upgrade criminal records,

as authorized by section 106(b) of the Brady Handgun Violence

Prevention Act of 1993, as amended, and section 4(b) of the National

Child Protection Act of 1993, of which $17,500,000 is for the

National Institute of Justice to develop school safety technologies,

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

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–65

well as for improvements to the State and local forensic laboratory

general forensic science capabilities to reduce States’ DNA convicted

offender sample backlog and for awards to State, local, and private

laboratories; of which $566,825,000 is for Public Safety and Community Policing Grants pursuant to title I of the 1994 Act, of which

$180,000,000 shall be available for school resource officers, of which

$35,000,000 shall be used to improve tribal law enforcement including equipment and training, of which $25,500,000 shall be used

for the Matching Grant Program for Law Enforcement Armor Vests

pursuant to section 2501 of part Y of the Omnibus Crime Control

and Safe Streets Act of 1968 (‘‘the 1968 Act’’), as amended, of

which $29,500,000 shall be used for Police Corps education, training,

and service as set forth in sections 200101–200113 of the 1994

Act, and of which $15,000,000 shall be used to combat violence

in schools; of which $140,000,000 shall be used for a law enforcement technology program; of which $48,500,000 shall be used for

policing initiatives to combat methamphetamine production and

trafficking and to enhance policing initiatives in drug ‘‘hot spots’’; of which $75,000,000 shall be for grants to States and units of

local government for a Community Prosecution Program in areas

of high gun-related violent crime to address gun-related violence

and violations of gun statutes in cases involving drug-trafficking

or gang-related crime; of which $25,000,000 shall be used for the

Community Prosecutors program; of which $17,000,000 shall be

for a police integrity program; and of which $30,000,000 shall

be for an offender re-entry program: Provided, That of the amount

provided for Public Safety and Community Policing Grants, not

to exceed $31,825,000 shall be expended for program management

and administration: Provided further, That of the unobligated bal- ances available in this program, $5,000,000 shall be available to

improve tribal law enforcement including equipment and training:

Provided further, That no funds that become available as a result

of deobligations from prior year balances, excluding those for program management and administration, may be obligated except

in accordance with section 605 of this Act.

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention

Act of 1974, as amended, (‘‘the Act’’), including salaries and expenses

in connection therewith to be transferred to and merged with the

appropriations for Justice Assistance, $279,097,000, to remain available until expended, as authorized by section 299 of part I of

title II and section 506 of title V of the Act, as amended by

Public Law 102–586, of which: (1) notwithstanding any other provi- sion of law, $6,847,000 shall be available for expenses authorized

by part A of title II of the Act, $89,000,000 shall be available

for expenses authorized by part B of title II of the Act, and

$50,250,000 shall be available for expenses authorized by part

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

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

the purpose of providing additional formula grants under part B

to States that provide assurances to the Administrator that the

State has in effect (or will have in effect no later than 1 year

after date of application) policies and programs, that ensure that

juveniles are subject to accountability-based sanctions for every

act for which they are adjudicated delinquent; (2) $12,000,000 shall

114 STAT. 2762A–66 PUBLIC LAW 106–553—APPENDIX B

be available for expenses authorized by sections 281 and 282 of

part D of title II of the Act for prevention and treatment programs

relating to juvenile gangs; (3) $10,000,000 shall be available for

expenses authorized by section 285 of part E of title II of the

Act; (4) $16,000,000 shall be available for expenses authorized

by part G of title II of the Act for juvenile mentoring programs;

and (5) $95,000,000 shall be available for expenses authorized by

title V of the Act for incentive grants for local delinquency prevention programs; of which $12,500,000 shall be for delinquency prevention, control, and system improvement programs for tribal youth;

of which $25,000,000 shall be available for grants of $360,000

to each State and $6,640,000 shall be available for discretionary

grants to States, for programs and activities to enforce State laws

prohibiting the sale of alcoholic beverages to minors or the purchase

or consumption of alcoholic beverages by minors, prevention and

reduction of consumption of alcoholic beverages by minors, and

for technical assistance and training; and of which $15,000,000

shall be available for the Safe Schools Initiative: Provided further, That upon the enactment of reauthorization legislation for Juvenile

Justice Programs under the Juvenile Justice and Delinquency

Prevention Act of 1974, as amended, funding provisions in this

Act shall from that date be subject to the provisions of that legislation and any provisions in this Act that are inconsistent with

that legislation shall no longer have effect: Provided further, That

of amounts made available under the Juvenile Justice Programs

of the Office of Justice Programs to carry out part B (relating

to Federal Assistance for State and Local Programs), subpart II

of part C (relating to Special Emphasis Prevention and Treatment

Programs), part D (relating to Gang-Free Schools and Communities

and Community-Based Gang Intervention), part E (relating to State

Challenge Activities), and part G (relating to Mentoring) of title

II of the Juvenile Justice and Delinquency Prevention Act of 1974,

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

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

be used for research, evaluation, and statistics activities designed

to benefit the programs or activities authorized under the appropriate part or title, and not more than 2 percent of each such

amount may be used for training and technical assistance activities

designed to benefit the programs or activities authorized under

that part or title.

In addition, for grants, contracts, cooperative agreements, and other assistance, $11,000,000 to remain available until expended,

for developing, testing, and demonstrating programs designed to

reduce drug use among juveniles.

In addition, for grants, contracts, cooperative agreements, and

other assistance authorized by the Victims of Child Abuse Act

of 1990, as amended, $8,500,000, to remain available until

expended, as authorized by section 214B of the Act.

PUBLIC SAFETY OFFICERS BENEFITS

To remain available until expended, for payments authorized

by part L of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796), as amended, such sums as are necessary, as authorized by section 6093 of Public Law 100–690 (102

Stat. 4339–4340); and $2,400,000, to remain available until

expended for payments as authorized by section 1201(b) of said

Act.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–67

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 101. In addition to amounts otherwise made available

in this title for official reception and representation expenses, a

total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney

General for official reception and representation expenses in accordance with distributions, procedures, and regulations established

by the Attorney General.

SEC. 102. Hereafter, authorities contained in the Department

of Justice Appropriation Authorization Act, Fiscal Year 1980 (Public

Law 96–132; 93 Stat. 1040 (1979)), as amended, shall remain in

effect until the effective date of a subsequent Department of Justice

Appropriation Authorization Act.

SEC. 103. None of the funds appropriated by this title shall

be available to pay for an abortion, except where the life of the

mother would be endangered if the fetus were carried to term,

or in the case of rape: Provided, That should this prohibition be

declared unconstitutional by a court of competent jurisdiction, this

section shall be null and void.

SEC. 104. None of the funds appropriated under this title shall

be used to require any person to perform, or facilitate in any

way the performance of, any abortion.

SEC. 105. Nothing in the preceding section shall remove the

obligation of the Director of the Bureau of Prisons to provide escort

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section

in any way diminishes the effect of section 104 intended to address

the philosophical beliefs of individual employees of the Bureau

of Prisons.

SEC. 106. Notwithstanding any other provision of law, not

to exceed $10,000,000 of the funds made available in this Act

may be used to establish and publicize a program under which

publicly advertised, extraordinary rewards may be paid, which shall

not be subject to spending limitations contained in sections 3059

and 3072 of title 18, United States Code: Provided, That any reward

of $100,000 or more, up to a maximum of $2,000,000, may not

be made without the personal approval of the President or the

Attorney General and such approval may not be delegated.

SEC. 107. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of Justice

in this Act, including those derived from the Violent Crime Reduction Trust Fund, may be transferred between such appropriations,

but no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That any transfer pursuant to this section shall be treated

as a reprogramming of funds under section 605 of this Act and

shall not be available for obligation except in compliance with

the procedures set forth in that section.

SEC. 108. Section 108(a) of the Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as enacted into law by section 1000(a)(1) of Public

Law 106–113) shall apply for fiscal year 2001 and thereafter.

SEC. 109. Section 3024 of the Emergency Supplemental Appropriations Act, 1999 (Public Law 106–31) shall apply for fiscal year

2001.

114 STAT. 2762A–68 PUBLIC LAW 106–553—APPENDIX B

SEC. 110. Section 641(e)(4)(A) of the Illegal Immigration Reform

and Immigrant Responsibility Act of 1996 (division C of Public

Law 104–208) is amended by inserting before the period at the

end of the second sentence the following: ‘‘, except that, in the

case of an alien admitted under section 101(a)(15)(J) of the Immigration and Nationality Act as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed

$35’’.

SEC. 111. Section 115 of the Departments of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations Act,

2000 (as enacted into law by section 1000(a)(1) of Public Law

106–113) shall apply hereafter.

SEC. 112. Section 286 of the Immigration and Nationality Act

(8 U.S.C. 1356) is amended by adding at the end the following

new subsections:

‘‘(t) GENEALOGY FEE.—(1) There is hereby established the

Genealogy Fee for providing genealogy research and information

services. This fee shall be deposited as offsetting collections into

the Examinations Fee Account. Fees for such research and information services may be set at a level that will ensure the recovery

of the full costs of providing all such services.

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

to Congress statements of the financial condition of the Genealogy

Fee.

‘‘(3) Any officer or employee of the Immigration and Naturalization Service shall collect fees prescribed under regulation before

disseminating any requested genealogical information.

‘‘(u) PREMIUM FEE FOR EMPLOYMENT-BASED PETITIONS AND

APPLICATIONS.—The Attorney General is authorized to establish

and collect a premium fee for employment-based petitions and

applications. This fee shall be used to provide certain premiumprocessing services to business customers, and to make infrastructure improvements in the adjudications and customer-service processes. For approval of the benefit applied for, the petitioner/

applicant must meet the legal criteria for such benefit. This fee

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

petition/application fee that may be applicable, and shall be deposited as offsetting collections in the Immigration Examinations Fee

Account. The Attorney General may adjust this fee according to

the Consumer Price Index.’’.

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

by inserting ‘‘and the Federal Bureau of Investigation’’ after ‘‘United

States Attorneys Offices’’.

SEC. 115. Beginning in fiscal year 2001 and thereafter, funds

appropriated to the Federal Prison System may be used to place

in privately operated prisons only such persons sentenced to incarceration under the District of Columbia Code as the Director,

Bureau of Prisons, may determine to be appropriate for such placement consistent with Federal classification standards, after consideration of all relevant factors, including the threat of danger to

public safety.

SEC. 116. Notwithstanding any other provision of law,

$1,000,000 shall be available for technical assistance from the funds

appropriated for part G of title II of the Juvenile Justice and

Delinquency Prevention Act of 1974, as amended.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–69

SEC. 117. Of the discretionary funds appropriated to the

Edward Byrne Memorial State and Local Law Enforcement Assistance Program in fiscal year 2000, $2,000,000 shall be transferred

to the Violent Offender Incarceration and Truth In Sentencing

Incentive Grants Program to be used for the construction costs

of the Hoonah Spirit Camp, as authorized under section 20109(a)

of subtitle A of title II of the 1994 Act.

SEC. 118. Notwithstanding any other provision of law, for fiscal

2001 and hereafter, with respect to any grant program for which

amounts are made available under this title, no grant funds may

be made available to any local jail that runs ‘‘pay-to-stay programs.’’. SEC. 119. Notwithstanding any other provision of law, including

section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)),

the Attorney General hereafter may enter into contracts and other

agreements, of any reasonable duration, for detention or incarceration space or facilities, including related services, on any reasonable basis.

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2001’’.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade

Representative, including the hire of passenger motor vehicles and

the employment of experts and consultants as authorized by 5

U.S.C. 3109, $29,517,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $98,000 shall

be available for official reception and representation expenses.

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission,

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception

and representation expenses, $48,100,000, to remain available until

expended.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of

the Department of Commerce provided for by law, and engaging

in trade promotional activities abroad, including expenses of grants

and cooperative agreements for the purpose of promoting exports

of United States firms, without regard to 44 U.S.C. 3702 and

114 STAT. 2762A–70 PUBLIC LAW 106–553—APPENDIX B

3703; full medical coverage for dependent members of immediate

families of employees stationed overseas and employees temporarily

posted overseas; travel and transportation of employees of the

United States and Foreign Commercial Service between two points

abroad, without regard to 49 U.S.C. 1517; employment of Americans

and aliens by contract for services; rental of space abroad for

periods not exceeding 10 years, and expenses of alteration, repair,

or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims,

in the manner authorized in the first paragraph of 28 U.S.C. 2672

when such claims arise in foreign countries; not to exceed $327,000

for official representation expenses abroad; purchase of passenger

motor vehicles for official use abroad, not to exceed $30,000 per

vehicle; obtaining insurance on official motor vehicles; and rental

of tie lines and teletype equipment, $337,444,000, to remain available until expended, of which $3,000,000 is to be derived from

fees to be retained and used by the International Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That $64,747,000

shall be for Trade Development, $25,555,000 shall be for Market

Access and Compliance, $40,645,000 shall be for the Import

Administration, $194,638,000 shall be for the United States and

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

Direction and Administration: Provided further, That the provisions

of the first sentence of section 105(f) and all of section 108(c)

of the Mutual Educational and Cultural Exchange Act of 1961

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

activities without regard to section 5412 of the Omnibus Trade

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

the purpose of this Act, contributions under the provisions of the

Mutual Educational and Cultural Exchange Act shall include payment for assessments for services provided as part of these activities.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national

security activities of the Department of Commerce, including costs

associated with the performance of export administration field

activities both domestically and abroad; full medical coverage for

dependent members of immediate families of employees stationed

overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized

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

in foreign countries; not to exceed $15,000 for official representation

expenses abroad; awards of compensation to informers under the

Export Administration Act of 1979, and as authorized by 22 U.S.C.

401(b); purchase of passenger motor vehicles for official use and

motor vehicles for law enforcement use with special requirement

vehicles eligible for purchase without regard to any price limitation

otherwise established by law, $64,854,000, to remain available until

expended, of which $7,250,000 shall be for inspections and other

activities related to national security: Provided, That the provisions

of the first sentence of section 105(f) and all of section 108(c)

of the Mutual Educational and Cultural Exchange Act of 1961

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

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–71

activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of

such activities may be retained for use in covering the cost of

such activities, and for providing information to the public with

respect to the export administration and national security activities

of the Department of Commerce and other export control programs

of the United States and other governments.

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided

by the Public Works and Economic Development Act of 1965, as

amended, and for trade adjustment assistance, $411,879,000, to

remain available until expended.

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $28,000,000:

Provided, That these funds may be used to monitor projects

approved pursuant to title I of the Public Works Employment

Act of 1976, as amended, title II of the Trade Act of 1974, as

amended, and the Community Emergency Drought Relief Act of

1977.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in

fostering, promoting, and developing minority business enterprise,

including expenses of grants, contracts, and other agreements with

public or private organizations, $27,314,000.

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic

and statistical analysis programs of the Department of Commerce,

$53,745,000, to remain available until September 30, 2002.

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing,

preparing, and publishing statistics, provided for by law,

$157,227,000.

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses to conduct the decennial census,

$130,898,000 to remain available until expended: Provided, That,

of the total amount available for the decennial census ($130,898,000

in new appropriations and $260,000,000 in unobligated balances

114 STAT. 2762A–72 PUBLIC LAW 106–553—APPENDIX B

from prior years), $24,055,000 is for Program Development and

Management; $55,096,000 is for Data Content and Products;

$122,000,000 is for Field Data Collection and Support Systems;

$1,500,000 is for Address List Development; $115,038,000 is for

Automated Data Processing and Telecommunications Support;

$55,000,000 is for Testing and Evaluation; $5,512,000 is for activities related to Puerto Rico, the Virgin Islands and Pacific Areas;

$9,197,000 is for Marketing, Communications and Partnership

activities; and $3,500,000 is for the Census Monitoring Board, as

authorized by section 210 of Public Law 105–119.

In addition, for expenses to collect and publish statistics for

other periodic censuses and programs provided for by law,

$145,508,000, to remain available until expended: Provided, That

regarding engineering and design of a facility at the Suitland Federal Center, quarterly reports regarding the expenditure of funds

and project planning, design and cost decisions shall be provided

by the Bureau, in cooperation with the General Services Administration, to the Committees on Appropriations of the Senate and the

House of Representatives: Provided further, That none of the funds

provided in this Act or any other Act under the heading ‘‘Bureau

of the Census, Periodic Censuses and Programs’’ shall be used

to fund the construction and tenant build-out costs of a facility

at the Suitland Federal Center.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National

Telecommunications and Information Administration (NTIA),

$11,437,000, to remain available until expended: Provided, That,

notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall

charge Federal agencies for costs incurred in spectrum management,

analysis, and operations, and related services and such fees shall

be retained and used as offsetting collections for costs of such

spectrum services, to remain available until expended: Provided

further, That hereafter, notwithstanding any other provision of law,

NTIA shall not authorize spectrum use or provide any spectrum

functions pursuant to the National Telecommunications and

Information Administration Organization Act, 47 U.S.C. 902–903,

to any Federal entity without reimbursement as required by NTIA

for such spectrum management costs, and Federal entities withholding payment of such cost shall not use spectrum: Provided further,

That the Secretary of Commerce is authorized to retain and use

as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in

telecommunications research, engineering, and related activities by

the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such

funds received from other Government agencies shall remain available until expended.

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For grants authorized by section 392 of the Communications Act of 1934, as amended, $43,500,000, to remain available until

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–73

expended as authorized by section 391 of the Act, as amended:

Provided, That not to exceed $1,800,000 shall be available for

program administration as authorized by section 391 of the Act:

Provided further, That notwithstanding the provisions of section

391 of the Act, the prior year unobligated balances may be made

available for grants for projects for which applications have been

submitted and approved during any fiscal year.

INFORMATION INFRASTRUCTURE GRANTS

For grants authorized by section 392 of the Communications

Act of 1934, as amended, $45,500,000, to remain available until

expended as authorized by section 391 of the Act, as amended:

Provided, That not to exceed $3,000,000 shall be available for

program administration and other support activities as authorized

by section 391: Provided further, That, of the funds appropriated

herein, not to exceed 5 percent may be available for telecommunications research activities for projects related directly to the

development of a national information infrastructure: Provided further, That, notwithstanding the requirements of sections 392(a)

and 392(c) of the Act, these funds may be used for the planning

and construction of telecommunications networks for the provision

of educational, cultural, health care, public information, public

safety, or other social services: Provided further, That notwithstanding any other provision of law, no entity that receives telecommunications services at preferential rates under section 254(h) of the

Act (47 U.S.C. 254(h)) or receives assistance under the regional

information sharing systems grant program of the Department of

Justice under part M of title I of the Omnibus Crime Control

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

under a grant under this heading to cover any costs of the entity

that would otherwise be covered by such preferential rates or such

assistance, as the case may be: Provided further, That the Administrator shall, after consultation with other federal departments and

agencies responsible for regulating the core operations of entities

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

complete and submit to Congress, not later than twelve months

after date of enactment of this subsection, a study of the current

and future use of spectrum by these entities to protect and maintain

the nation’s critical infrastructure: Provided further, That within

six months after the release of this study, the Chairman of the

Federal Communications Commission shall submit a report to Congress on the actions that could be taken by the Commission to

address any needs identified in the Administrator’s study.

PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Patent and Trademark Office

provided for by law, including defense of suits instituted against

the Commissioner of Patents and Trademarks, $783,843,000, to

remain available until expended: Provided, That of this amount,

$783,843,000 shall be derived from offsetting collections assessed

and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and

376, and shall be retained and used for necessary expenses in

this appropriation: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting

114 STAT. 2762A–74 PUBLIC LAW 106–553—APPENDIX B

collections are received during fiscal year 2001, so as to result

in a final fiscal year 2001 appropriation from the general fund

estimated at $0: Provided further, That during fiscal year 2001,

should the total amount of offsetting fee collections be less than

$783,843,000, the total amounts available to the Patent and Trademark Office shall be reduced accordingly: Provided further, That

any amount received in excess of $783,843,000 in fiscal year 2001

shall not be available for obligation: Provided further, That not

to exceed $254,889,000 from fees collected in fiscal years 1999

and 2000 shall be made available for obligation in fiscal year

2001.

SCIENCE AND TECHNOLOGY

TECHNOLOGY ADMINISTRATION

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology/

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

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards

and Technology, $312,617,000, to remain available until expended,

of which not to exceed $282,000 may be transferred to the ‘‘Working

Capital Fund’’.

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology,

$105,137,000, to remain available until expended.

In addition, for necessary expenses of the Advanced Technology

Program of the National Institute of Standards and Technology,

$145,700,000, to remain available until expended, of which not

to exceed $60,700,000 shall be available for the award of new

grants.

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation of existing facilities, not otherwise provided for the National Institute of Standards

and Technology, as authorized by 15 U.S.C. 278c–278e, $34,879,000,

to remain available until expended.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of activities authorized by law for the

National Oceanic and Atmospheric Administration, including

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–75

maintenance, operation, and hire of aircraft; grants, contracts, or

other payments to nonprofit organizations for the purposes of

conducting activities pursuant to cooperative agreements; and

relocation of facilities as authorized by 33 U.S.C. 883i,

$1,869,170,000, to remain available until expended: Provided, That

fees and donations received by the National Ocean Service for

the management of the national marine sanctuaries may be retained

and used for the salaries and expenses associated with those activities, notwithstanding 31 U.S.C. 3302: Provided further, That in

addition, $68,000,000 shall be derived by transfer from the fund

entitled ‘‘Promote and Develop Fishery Products and Research

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

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

Management Act of 1972, as amended, shall not exceed $2,000,000:

Provided further, That not to exceed $31,439,000 shall be expended

for Executive Direction and Administration, which consists of the

Offices of the Undersecretary, the Executive Secretariat, Policy

and Strategic Planning, International Affairs, Legislative Affairs,

Public Affairs, Sustainable Development, the Chief Scientist, and

the General Counsel: Provided further, That the aforementioned

offices, excluding the Office of the General Counsel, shall not be

augmented by personnel details, temporary transfers of personnel

on either a reimbursable or nonreimbursable basis or any other

type of formal or informal transfer or reimbursement of personnel

or funds on either a temporary or long-term basis above the level

of 42 personnel: Provided further, That no general administrative

charge shall be applied against an assigned activity included in

this Act and, further, that any direct administrative expenses

applied against an assigned activity shall be limited to 5 percent

of the funds provided for that assigned activity: Provided further,

That any use of deobligated balances of funds provided under this

heading in previous years shall be subject to the procedures set

forth in section 605 of this Act.

In addition, for necessary retired pay expenses under the

Retired Serviceman’s Family Protection and Survivor Benefits Plan,

and for payments for medical care of retired personnel and their

dependents under the Dependents Medical Care Act (10 U.S.C.

ch. 55), such sums as may be necessary.

PROCUREMENT, ACQUISITION AND CONSTRUCTION (INCLUDING

TRANSFERS OF FUNDS)

For procurement, acquisition and construction of capital assets,

including alteration and modification costs, of the National Oceanic

and Atmospheric Administration, $682,899,000, to remain available

until expended: Provided, That unexpended balances of amounts

previously made available in the ‘‘Operations, Research, and Facilities’’ account for activities funded under this heading may be transferred to and merged with this account, to remain available until

expended for the purposes for which the funds were originally

appropriated: Provided further, That none of the funds provided

in this Act or any other Act under the heading ‘‘National Oceanic

and Atmospheric Administration, Procurement, Acquisition and

Construction’’ shall be used to fund the construction and tenant

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

114 STAT. 2762A–76 PUBLIC LAW 106–553—APPENDIX B

COASTAL AND OCEAN ACTIVITIES

In addition, for coastal and ocean activities, $420,000,000, to

remain available until expended, of which $135,000,000 is for ocean,

coastal and waterway conservation programs; of which $135,000,000

is for National Oceanic and Atmospheric Administration programs;

and of which $150,000,000 is for coastal impact assistance as

authorized by section 31 of the Outer Continental Shelf Lands

Act as authorized by section 903 of this Act: Provided, That of

the funds provided under this heading for ocean and coastal conservation programs, $10,000,000 is available for implementation

of State nonpoint pollution control plans established pursuant to

section 6217 of the Coastal Zone Management Act of 1972, as

amended by Public Law 101–508, other than in non-contiguous

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

community-based coastal restoration activities in the Great Lakes

region; $14,000,000 is for the University of New Hampshire, Building and Pier; $1,000,000 is for the Sea Coast Science Center;

$3,000,000 is for the Great Bay Partnership; $1,000,000 is for

the New Hampshire Department of Environmental Services Marsh

Restoration initiative; $1,000,000 is for the Mississippi Laboratories

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

Center construction; $4,000,000 is for Kachamek Bay NERRS

research center construction; $1,000,000 is for the Raritan, New

Jersey, NERRS land acquisition; $2,500,000 is for Winyah Bay

land acquisition; $2,000,000 is for ACE Basin Land Acquisition;

$10,000,000 is for a direct payment to the SeaLife Center;

$10,000,000 is for Dupage River restoration; $1,000,000 is for

Detroit River restoration; $500,000 is for lower Rouge River restoration; $8,500,000 is for Bronx River restoration and land acquisition;

$16,000,000 is for a grant for Eastern Kentucky Pride, Inc., of

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

water protection and related environmental infrastructure;

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

Resources for brown marsh research/mitigation and nutria control;

$2,000,000 is for land acquisition in southern Orange County,

California for conservation of coastal sage scrup; $3,000,000 is for

planning, renovation and construction of facilities for a new national

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

is for a grant to the National Fish and Wildlife Foundation for

species management and estuarine habitat conservation; and

$1,500,000 is for a grant to the Pinellas County Environmental

Foundation for the Tampa Bay watershed for lower Rouge River

restoration: Provided further, That of the funds provided for the

National Oceanic and Atmospheric Administration programs,

$5,000,000 is for National Estuarine Research Reserves operations;

$12,000,000 is for Marine Sanctuaries operations; $8,500,000 is

for Coastal Zone Management Act grants; $1,500,000 is for Program

Administration; $4,000,000 is for marine mammal strandings;

$25,000,000 is for protection of Coral Reefs; $36,000,000 is for

Pacific Coastal Salmon Recovery grants to States and tribes;

$6,000,000 is for fisheries habitat restoration; $15,000,000 is for

NOAA Cooperative Enforcement initiative; $3,000,000 is for Atlantic

Coast observers; $3,000,000 is for Cooperative Research; $3,000,000

is for Red Snapper research; $3,000,000 is for Aquaculture;

$5,000,000 is for Harmful Algal Blooms research; $2,000,000 is

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–77

for Ocean exploration initiative; and $3,000,000 is for Marine Sanctuaries construction.

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of

Pacific salmon populations and the implementation of the 1999

Pacific Salmon Treaty Agreement between the United States and

Canada, $54,000,000, subject to express authorization.

In addition, for implementation of the 1999 Pacific Salmon

Treaty Agreement, $20,000,000, of which $10,000,000 shall be

deposited in the Northern Boundary and Transboundary Rivers

Restoration and Enhancement Fund and of which $10,000,000 shall

be deposited in the Southern Boundary Restoration and Enhancement Fund.

COASTAL ZONE MANAGEMENT FUND

Of amounts collected pursuant to section 308 of the Coastal

Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed

$3,200,000, for purposes set forth in sections 308(b)(2)(A),

308(b)(2)(B)(v), and 315(e) of such Act.

FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95–

372, not to exceed $952,000, to be derived from receipts collected

pursuant to that Act, to remain available until expended.

FOREIGN FISHING OBSERVER FUND

For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96–

339), the Magnuson-Stevens Fishery Conservation and Management

Act of 1976, as amended (Public Law 100–627), and the American

Fisheries Promotion Act (Public Law 96–561), to be derived from

the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $191,000, to remain available

until expended.

FISHERIES FINANCE PROGRAM ACCOUNT

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

Merchant Marine Act of 1936, as amended: Provided, That such

costs, including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974: Provided

further, That none of the funds made available under this heading

may be used for direct loans for any new fishing vessel that will

increase the harvesting capacity in any United States fishery.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of

the Department of Commerce provided for by law, including not

to exceed $3,000 for official entertainment, $35,920,000.

114 STAT. 2762A–78 PUBLIC LAW 106–553—APPENDIX B

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended (5 U.S.C. App. 1–11, as amended by Public Law 100–

504), $20,000,000.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce

by this Act shall be available for the activities specified in the

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in

the manner prescribed by the Act, and, notwithstanding 31 U.S.C.

3324, may be used for advanced payments not otherwise authorized

only upon the certification of officials designated by the Secretary

of Commerce that such payments are in the public interest.

SEC. 202. During the current fiscal year, appropriations made

available to the Department of Commerce by this Act for salaries

and expenses shall be available for hire of passenger motor vehicles

as authorized by 31 U.S.C. 1343 and 1344; services as authorized

by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902).

SEC. 203. None of the funds made available by this Act may

be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force

or the United States Air Force Reserve.

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

Act, or hereinafter made available to the Department of Commerce,

shall be available to reimburse the Unemployment Trust Fund

or any other fund or account of the Treasury to pay for any expenses

authorized by section 8501 of title 5, United States Code, for services

performed by individuals appointed to temporary positions within

the Bureau of the Census for purposes relating to the decennial

censuses of population.

SEC. 205. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of Commerce

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this section shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

SEC. 206. Any costs incurred by a department or agency funded

under this title resulting from personnel actions taken in response

to funding reductions included in this title or from actions taken

for the care and protection of loan collateral or grant property

shall be absorbed within the total budgetary resources available

to such department or agency: Provided, That the authority to

transfer funds between appropriations accounts as may be necessary

to carry out this section is provided in addition to authorities

included elsewhere in this Act: Provided further, That use of funds

to carry out this section shall be treated as a reprogramming

of funds under section 605 of this Act and shall not be available

for obligation or expenditure except in compliance with the procedures set forth in that section.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–79

SEC. 207. The Secretary of Commerce may award contracts

for hydrographic, geodetic, and photogrammetric surveying and

mapping services in accordance with title IX of the Federal Property

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

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

franchise fund for expenses and equipment necessary for the

maintenance and operation of such administrative services as the

Secretary determines may be performed more advantageously as

central services, pursuant to section 403 of Public Law 103–356:

Provided, That any inventories, equipment, and other assets

pertaining to the services to be provided by such fund, either

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

and any appropriations made for the purpose of providing capital

shall be used to capitalize such fund: Provided further, That such

fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services

are performed, at rates which will return in full all expenses of

operation, including accrued leave, depreciation of fund plant and

equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount

necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall

provide services on a competitive basis: Provided further, That

an amount not to exceed 4 percent of the total annual income

to such fund may be retained in the fund for fiscal year 2001

and each fiscal year thereafter, to remain available until expended,

to be used for the acquisition of capital equipment, and for the

improvement and implementation of department financial management, ADP, and other support systems: Provided further, That

such amounts retained in the fund for fiscal year 2001 and each

fiscal year thereafter shall be available for obligation and expenditure only in accordance with section 605 of this Act: Provided

further, That no later than 30 days after the end of each fiscal

year, amounts in excess of this reserve limitation shall be deposited

as miscellaneous receipts in the Treasury: Provided further, That

such franchise fund pilot program shall terminate pursuant to

section 403(f) of Public Law 103–356.

SEC. 209. Notwithstanding any other provision of law, of the

amounts made available elsewhere in this title to the ‘‘National

Institute of Standards and Technology, Construction of Research

Facilities’’, $4,000,000 is appropriated to the Institute at Saint

Anselm College, $4,000,000 is appropriated to fund a cooperative

agreement with the Medical University of South Carolina,

$3,000,000 is appropriated to the Thayer School of Engineering

for the biocommodity and biomass research initiative, and

$3,000,000 is appropriated to establish the Institute for Information

Infrastructure Protection at the Institute for Security Technology

Studies.

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

Atmospheric Administration, Procurement, Acquisition, and

Construction’’, $5,000,000 shall be for a grant for Eastern Kentucky

Pride, Inc., for design and construction of facilities for water protection and related environmental infrastructure.

SEC. 210. (a) The Secretary of Commerce shall establish and

administer through the National Ocean Service the Dr. Nancy

Foster Scholarship Program. Under the program, the Secretary

shall award graduate education scholarships in marine biology,

114 STAT. 2762A–80 PUBLIC LAW 106–553—APPENDIX B

oceanography, or maritime archaeology, including the curation,

preservation, and display of maritime artifacts, to be known as

‘‘Dr. Nancy Foster Scholarships’’.

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

is to recognize outstanding scholarship in marine biology, oceanography, or maritime archaeology, particularly by women and members of minority groups, and encourage independent graduate level

research in such fields of study.

(c) Each Dr. Nancy Foster Scholarship award—

(1) shall be used to support a candidate’s graduate studies

in marine biology, oceanography, or maritime archaeology at

a sponsoring institution; and

(2) shall be made available to individual candidates in

accordance with guidelines issued by the Secretary.

(d) The amount of each Dr. Nancy Foster Scholarship shall

be provided directly to each recipient selected by the Secretary

upon receipt of certification that the recipient will adhere to a

specific and detailed plan of study and research approved by the

sponsoring institution.

(e) The Secretary shall make 1 percent of the amount appropriated each fiscal year to carry out the National Marine Sanctuaries Act (46 U.S.C. 1431 et seq.) available for Dr. Nancy Foster

Scholarships.

(f) Repayment of the award shall be made to the Secretary

in the case of fraud or noncompliance.

This title may be cited as the ‘‘Department of Commerce and

Related Agencies Appropriations Act, 2001’’.

TITLE III—THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,

as required by law, excluding care of the building and grounds,

including purchase or hire, driving, maintenance, and operation

of an automobile for the Chief Justice, not to exceed $10,000 for

the purpose of transporting Associate Justices, and hire of passenger

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

to exceed $10,000 for official reception and representation expenses;

and for miscellaneous expenses, to be expended as the Chief Justice

may approve, $37,591,000.

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the

Architect of the Capitol to carry out the duties imposed upon

the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a–

13b), $7,530,000, of which $4,460,000 shall remain available until

expended.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–81

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and

employees, and for necessary expenses of the court, as authorized

by law, $17,930,000.

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of

the officers and employees of the court, services as authorized

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

by law, $12,456,000.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges

of the territorial courts of the United States), justices and judges

retired from office or from regular active service, judges of the

United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal

Judiciary not otherwise specifically provided for, and necessary

expenses of the courts, as authorized by law, $3,359,725,000 (including the purchase of firearms and ammunition); of which not to

exceed $17,817,000 shall remain available until expended for space

alteration projects; and of which not to exceed $10,000,000 shall

remain available until expended for furniture and furnishings

related to new space alteration and construction projects.

In addition, for expenses of the United States Court of Federal

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $2,602,000, to be

appropriated from the Vaccine Injury Compensation Trust Fund.

DEFENDER SERVICES

For the operation of Federal Public Defender and Community

Defender organizations; the compensation and reimbursement of

expenses of attorneys appointed to represent persons under the

Criminal Justice Act of 1964, as amended; the compensation and

reimbursement of expenses of persons furnishing investigative,

expert and other services under the Criminal Justice Act of 1964

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

Justice Act maximums) and reimbursement of expenses of attorneys

appointed to assist the court in criminal cases where the defendant

has waived representation by counsel; the compensation and

reimbursement of travel expenses of guardians ad litem acting

on behalf of financially eligible minor or incompetent offenders

in connection with transfers from the United States to foreign

countries with which the United States has a treaty for the execution of penal sentences; and the compensation of attorneys

appointed to represent jurors in civil actions for the protection

of their employment, as authorized by 28 U.S.C. 1875(d),

114 STAT. 2762A–82 PUBLIC LAW 106–553—APPENDIX B

$435,000,000, to remain available until expended as authorized

by 18 U.S.C. 3006A(i).

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C.

1871 and 1876; compensation of jury commissioners as authorized

by 28 U.S.C. 1863; and compensation of commissioners appointed

in condemnation cases pursuant to rule 71A(h) of the Federal

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),

$59,567,000, to remain available until expended: Provided, That

the compensation of land commissioners shall not exceed the daily

equivalent of the highest rate payable under section 5332 of title

5, United States Code.

COURT SECURITY

For necessary expenses, not otherwise provided for, incident

to the procurement, installation, and maintenance of security equipment and protective services for the United States Courts in courtrooms and adjacent areas, including building ingress-egress control,

inspection of packages, directed security patrols, and other similar

activities as authorized by section 1010 of the Judicial Improvement

and Access to Justice Act (Public Law 100–702), $199,575,000,

of which not to exceed $10,000,000 shall remain available until

expended for security systems, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering elements of the Judicial Security Program

consistent with standards or guidelines agreed to by the Director

of the Administrative Office of the United States Courts and the

Attorney General.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the

United States Courts as authorized by law, including travel as

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle

as authorized by 31 U.S.C. 1343(b), advertising and rent in the

District of Columbia and elsewhere, $58,340,000, of which not to

exceed $8,500 is authorized for official reception and representation

expenses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as

authorized by Public Law 90–219, $18,777,000; of which $1,800,000

shall remain available through September 30, 2002, to provide

education and training to Federal court personnel; and of which

not to exceed $1,000 is authorized for official reception and representation expenses.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–83

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as

authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c),

$8,100,000; and to the United States Court of Federal Claims

Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l),

$1,900,000.

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $9,931,000,

of which not to exceed $1,000 is authorized for official reception

and representation expenses.

GENERAL PROVISIONS—THE JUDICIARY

SEC. 301. Appropriations and authorizations made in this title

which are available for salaries and expenses shall be available

for services as authorized by 5 U.S.C. 3109.

SEC. 302. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Judiciary in this Act

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and

Commissioners’’, shall be increased by more than 10 percent by

any such transfers: Provided, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 303. Notwithstanding any other provision of law, the

salaries and expenses appropriation for district courts, courts of

appeals, and other judicial services shall be available for official

reception and representation expenses of the Judicial Conference

of the United States: Provided, That such available funds shall

not exceed $11,000 and shall be administered by the Director of

the Administrative Office of the United States Courts in the capacity

as Secretary of the Judicial Conference.

SEC. 304. (a) The Director of the Administrative Office of the

United States Courts (the Director) may designate in writing officers

and employees of the judicial branch of the United States Government, including the courts as defined in section 610 of title 28,

United States Code, but excluding the Supreme Court, to be disbursing officers in such numbers and locations as the Director considers

necessary. These disbursing officers will: (1) disburse moneys appropriated to the judicial branch and other funds only in strict accordance with payment requests certified by the Director or in accordance with subsection (b) of this section; (2) examine payment

requests as necessary to ascertain whether they are in proper

114 STAT. 2762A–84 PUBLIC LAW 106–553—APPENDIX B

form, certified, and approved; and (3) be held accountable as provided by law. However, a disbursing officer will not be held accountable or responsible for any illegal, improper, or incorrect payment

resulting from any false, inaccurate, or misleading certificate for

which a certifying officer is responsible under subsection (b) of

this section.

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

employees of the judicial branch of the United States Government,

including the courts as defined in section 610 of title 28, United

States Code, but excluding the Supreme Court, to certify payment

requests payable from appropriations and funds. These certifying

officers will be responsible and accountable for: (A) the existence

and correctness of the facts recited in the certificate or other request

for payment or its supporting papers; (B) the legality of the proposed

payment under the appropriation or fund involved; and (C) the

correctness of the computations of certified payment requests.

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

same manner and to the same extent as provided by law with

respect to the enforcement of the liability of disbursing and other

accountable officers. A certifying officer shall be required to make

restitution to the United States for the amount of any illegal,

improper, or incorrect payment resulting from any false, inaccurate,

or misleading certificates made by the certifying officer, as well

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

a legal obligation under the appropriation or fund involved.

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

for and obtain a decision by the Comptroller General on any question of law involved in a payment request presented for certification;

and (2) is entitled to relief from liability arising under this section

as provided by law.

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

designated pursuant to this section, appropriations and other funds

for the maintenance and operation of the courts.

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

to receive or disburse moneys in accordance with chapter 129 of

title 28, United States Code.

(f) This section shall be effective for fiscal year 2001 and hereafter.

SEC. 305. DISTRICT JUDGES FOR THE DISTRICT COURTS. (a) IN

GENERAL.—The President shall appoint, by and with the advice

and consent of the Senate—

(1) 1 additional district judge for the district of Arizona;

(2) 1 additional district judge for the southern district

of Florida;

(3) 1 additional district judge for the eastern district of

Kentucky;

(4) 1 additional district judge for the district of Nevada;

(5) 1 additional district judge for the district of New Mexico;

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

Carolina;

(7) 1 additional district judge for the southern district

of Texas;

(8) 1 additional district judge for the western district of

Texas;

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

Virginia; and

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–85

(10) 1 additional district judge for the eastern district of

Wisconsin.

(b) TABLE.—In order that the table contained in section 133

of title 28, United States Code, will, with respect to each judicial

district, reflect the changes in the total number of permanent district judges authorized under subsection (a), such table is

amended—

(1) in the item relating to the district of Arizona, by striking

‘‘11’’’ and inserting ‘‘12’’;

(2) in the item relating to the southern district of Florida,

by striking ‘‘16’’ and inserting ‘‘17’’;

(3) in the item relating to the eastern district of Kentucky,

by striking ‘‘4’’ and inserting ‘‘5’’;

(4) in the item relating to the district of Nevada, by striking

‘‘6’’ and inserting ‘‘7’’;

(5) in the item relating to the district of New Mexico,

by striking ‘‘5’’ and inserting ‘‘6’’;

(6) in the item relating to the district of South Carolina,

by striking ‘‘9’’ and inserting ‘‘10’’;

(7) in the item relating to the southern district of Texas,

by striking ‘‘18’’ and inserting ‘‘19’’;

(8) in the item relating to the western district of Texas,

by striking ‘‘10’’ and inserting ‘‘11’’;

(9) in the item relating to the eastern district of Virginia,

by striking ‘‘9’’ and inserting ‘‘10’’; and

(10) in the item relating to the eastern district of Wisconsin,

by striking ‘‘4’’ and inserting ‘‘5’’.

(c) DESIGNATION OF JUDGE TO HOLD COURT.—The chief judge

of the eastern district of Wisconsin shall designate 1 judge who

shall hold court for such district in Green Bay, Wisconsin.

SEC. 306. Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection:

‘‘(h)(1) The United States Court of Appeals for the Federal

Circuit may appoint a circuit executive, who shall serve at the

pleasure of the court. In appointing a circuit executive, the court

shall take into account experience in administrative and executive

positions, familiarity with court procedures, and special training.

The circuit executive shall exercise such administrative powers

and perform such duties as may be delegated by the court. The

duties delegated to the circuit executive may include but need

not be limited to the duties specified in subsection (e) of this

section, insofar as they are applicable to the Court of Appeals

for the Federal Circuit.

‘‘(2) The circuit executive shall be paid the salary for circuit

executives established under subsection (f) of this section.

‘‘(3) The circuit executive may appoint, with the approval of

the court, necessary employees in such number as may be approved

by the Director of the Administrative Office of the United States

Courts.

‘‘(4) The circuit executive and staff shall be deemed to be

officers and employees of the United States within the meaning

of the statutes specified in subsection (f)(4).

‘‘(5) The court may appoint either a circuit executive under

this subsection or a clerk under section 711 of this title, but not

both, or may appoint a combined circuit executive/clerk who shall

be paid the salary of a circuit executive.’’.

114 STAT. 2762A–86 PUBLIC LAW 106–553—APPENDIX B

SEC. 307. Section 3102(a)(1) of title 5, United States Code,

is amended— (1) in subparagraph (A) by striking ‘‘and’’;

(2) in subparagraph (B) by adding ‘‘and’’ after the semicolon; and

(3) by adding at the end the following:

‘‘(C) an office, agency, or other establishment in the

judicial branch;’’.

SEC. 308. (a) SUPREME COURT POLICE RETIREMENT.— (1) SERVICE DEEMED TO BE SERVICE AS LAW ENFORCEMENT

OFFICER.—Any period of service performed before the effective

date of this section by an individual as a member of the

Supreme Court Police, who is such a member on such date,

shall be deemed to be service performed as a law enforcement

officer for purposes of chapters 83 and 84 of title 5, United

States Code. Notwithstanding any amendment made by this

section, any period of service performed before the effective

date of this section by an individual as a member of the

Supreme Court Police, who is not such a member on such

date, shall be employee service for purposes of chapters 83

and 84 of title 5, United States Code.

(2) CONTRIBUTIONS.—The Marshal of the Supreme Court

of the United States shall pay an amount determined by the

Office of Personnel Management equal to—

(A)(i) the difference between—

(I) the amount that was deducted and withheld

from basic pay under chapters 83 and 84 of title 5,

United States Code, for the period of service described

in the first sentence of paragraph (1); and

(II) the amount that should have been deducted

and withheld for such period of service, if it had instead

been performed as a law enforcement officer; and

(ii) interest as prescribed under section 8334(e) of title

5, United States Code, based on the amount determined

under clause (i); and

(B) with respect to the period of service described in

subparagraph (A), the difference between the Government

contributions that were in fact made to the Civil Service

Retirement and Disability Fund for such service, and the

amount that would have been required if such service

had instead been performed as a law enforcement officer,

subject to subsection (f).

(3) DEPOSIT OF PAYMENTS.—Payments under paragraph (2)

shall be paid from the salaries and expenses account from

appropriations to the Supreme Court of the United States,

including any prior year unobligated balances, and deposited

in the Civil Service Retirement and Disability Fund.

(b) AMENDMENTS TO CHAPTER 83.—

(1) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—Section

8334 of title 5, United States Code, is amended—

(A) in subsection (a)(1) by inserting ‘‘member of the

Supreme Court Police,’’ after ‘‘member of the Capitol

Police,’’; and

(B) in subsection (c) in the item relating to law enforcement officers by inserting ‘‘, member of the Supreme Court

Police for Supreme Court Police service,’’ after ‘‘law enforcement service’’.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–87

(2) MANDATORY SEPARATION.—(A) Section 8335 of title 5,

United States Code, is amended by redesignating subsection

(e) as subsection (f) and inserting after subsection (d) the following:

‘‘(e) A member of the Supreme Court Police who is otherwise

eligible for immediate retirement under section 8336(n) shall be

separated from the service on the last day of the month in which

such member becomes 57 years of age or completes 20 years of

service if then over that age. The Marshal of the Supreme Court

of the United States, when in his judgment the public interest

so requires, may exempt such a member from automatic separation

under this subsection until that member becomes 60 years of age.

The Marshal shall notify the member in writing of the date of

separation at least 60 days in advance thereof. Action to separate

the member is not effective, without the consent of the member,

until the last day of the month in which the 60-day notice expires.’’.

(B) Section 8335(f) of title 5, United States Code, as redesignated by subparagraph (A), is amended by striking ‘‘Police)’’

and inserting ‘‘Police or the Supreme Court Police)’’.

(3) IMMEDIATE RETIREMENT.—Section 8336 of title 5, United

States Code, is amended by redesignating subsection (n) as

subsection (o) and inserting after subsection (m) the following:

‘‘(n) A member of the Supreme Court Police who is separated

from the service after becoming 50 years of age and completing

20 years of service as a member of the Supreme Court Police

or as a law enforcement officer, or any combination of such service

totaling at least 20 years, is entitled to an annuity.’’.

(4) COMPUTATION.—Section 8339 of title 5, United States

Code, is amended by redesignating subsection (r) as subsection

(s) and inserting after subsection (q) the following:

‘‘(r) The annuity of a member of the Supreme Court Police,

or former member of the Supreme Court Police, retiring under

this subchapter is computed in accordance with subsection (d).’’.

(c) AMENDMENTS TO CHAPTER 84.—

(1) IMMEDIATE RETIREMENT.—Section 8412(d) of title 5,

United States Code, is amended by inserting ‘‘or Supreme Court

Police’’ after ‘‘Capitol Police’’ each place it appears.

(2) COMPUTATION OF BASIC ANNUITY.—Section 8415(g) of

title 5, United States Code, is amended by inserting ‘‘member

of the Supreme Court Police,’’ after ‘‘law enforcement officer,’’.

(3) DEDUCTIONS FROM PAY.—Section 8422(a)(3) of title 5,

United States Code, is amended in the item relating to law

enforcement officers by inserting ‘‘member of the Supreme

Court Police,’’ after ‘‘member of the Capitol Police,’’.

(4) GOVERNMENT CONTRIBUTIONS.—Section 8423(a) of title

5, United States Code, is amended by inserting ‘‘members of

the Supreme Court Police,’’ after ‘‘law enforcement officers,’’

each place it appears.

(5) MANDATORY SEPARATION.—(A) Section 8425 of title 5,

United States Code, is amended by redesignating subsection

(d) as subsection (e) and inserting after subsection (c) the

following:

‘‘(d) A member of the Supreme Court Police who is otherwise

eligible for immediate retirement under section 8412(d) shall be

separated from the service on the last day of the month in which

such member becomes 57 years of age or completes 20 years of

service if then over that age. The Marshal of the Supreme Court

114 STAT. 2762A–88 PUBLIC LAW 106–553—APPENDIX B

of the United States, when in his judgment the public interest

so requires, may exempt such a member from automatic separation

under this subsection until that member becomes 60 years of age.

The Marshal shall notify the member in writing of the date of

separation at least 60 days before the date. Action to separate

the member is not effective, without the consent of the member,

until the last day of the month in which the 60-day notice expires.’’.

(B) Section 8425(e) of title 5, United States Code, as so

redesignated, is amended by striking ‘‘Police)’’ and inserting

‘‘Police or Supreme Court Police)’’.

(d) PAYMENTS FOR OTHER LIABILITY.—

(1) IN GENERAL.—The Marshal of the Supreme Court of

the United States shall pay into the Civil Service Retirement

and Disability Fund an amount determined by the Director

of the Office of Personnel Management to be necessary to

reimburse the Fund for any estimated increase in the unfunded

liability of the Fund resulting from the amendments related

to the Civil Service Retirement System under this section,

and for any estimated increase in the supplemental liability

of the Fund resulting from the amendments related to the

Federal Employees’ Retirement System under this section.

(2) INSTALLMENTS.—The amount determined under paragraph (1) shall be paid in 5 equal annual installments with

interest computed at the rates used in the most recent valuation

of the Federal Employees’ Retirement System.

(3) SOURCE OF FUNDS.—Payments under this subsection

shall be made from amounts available from the salaries and

expenses account from appropriations to the Supreme Court

of the United States, including any prior year unobligated

balances.

(e) NO MANDATORY SEPARATION FOR A 2-YEAR PERIOD.—Nothing in section 8335(e) or 8425(d) of title 5, United States Code,

as added by this section, shall require the automatic separation

of any member of the Supreme Court Police before the end of

the 2-year period beginning on the effective date of this section.

(f) NONREDUCTION IN GOVERNMENT CONTRIBUTIONS.—Notwithstanding any other provision of this section, Government contributions to the Civil Service Retirement and Disability Fund on behalf

of a member of the Supreme Court Police shall, with respect to

any service performed during the period beginning on January

1, 1999, and ending on December 31, 2002, while subject to the

Federal Employees’ Retirement System, be determined in the same

way as if this section had never been enacted.

(g) SAVINGS PROVISION.—Nothing in this section or in any

amendment made by this section shall, with respect to any service

performed before the effective date of such amendment, have the

effect of reducing the percentage applicable in computing any portion of an annuity based on service as a member of the Supreme

Court Police below the percentage which would otherwise apply

if this section had not been enacted.

(h) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) Section 8337(a) of title 5, United States Code, is amended in the last sentence by striking ‘‘8339(a)–(e), (n), (q), or

(r)’’ and inserting ‘‘8339(a) through (e), (n), (q), (r), or (s)’’.

(2) Subsections (f) and (m) of section 8339 of title 5, United

States Code, are each amended by striking ‘‘subsections (a)–

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–89

(e), (n), (q), and (r)’’ and inserting ‘‘subsections (a) through

(e), (n), (q), (r), and (s)’’.

(3) Section 8339(g) of title 5, United States Code, is

amended—

(A) in paragraph (2), by striking ‘‘subsections (a)–(c),

(n), (q), or (r)’’ and inserting ‘‘subsections (a) through (c),

(n), (q), (r), or (s)’’; and

(B) in the matter following paragraph (2), by striking

‘‘(q), or (r)’’ each place it appears and inserting ‘‘(q), (r),

or (s)’’.

(4) Section 8339(i) of title 5, United States Code, is amended by striking ‘‘(a)–(h), (n), (q), and (r)’’ and inserting ‘‘(a)–

(h), (n), (q), (r), or (s)’’.

(5) Sections 8339(j), 8339(k)(1), and 8343a of title 5, United

States Code, are each amended by striking ‘‘(a)–(i), (n), (q),

and (r)’’ each place it appears and inserting ‘‘(a)–(i), (n), (q),

(r), and (s)’’.

(6) Section 8339(l) of title 5, United States Code, is amended by striking ‘‘(a)–(k), (n), (q), and (r)’’ and inserting ‘‘(a)–

(k), (n), (q), (r), and (s)’’.

(7) Subsections (b)(1) and (d) of section 8341 of title 5,

United States Code, are each amended by striking ‘‘(q), and

(r)’’ and inserting ‘‘(q), (r), and (s)’’.

(8) Section 8344(a)(A) of title 5, United States Code, is

amended by striking ‘‘(q), and (r)’’ and inserting ‘‘(q), (r), and

(s)’’.

(i) APPLICABILITY.—This section and the amendments made

by this section shall apply only to an individual who is employed

as a member of the Supreme Court Police after the later of October

1, 2000, or the date of enactment of this Act.

(j) EFFECTIVE DATE.—Except as otherwise provided in this section, this section and the amendments made by this section shall

take effect on the first day of the first applicable pay period that

begins on the later of October 1, 2000, or the date of enactment

of this Act.

SEC. 309. Pursuant to section 140 of Public Law 97–92, Justices

and judges of the United States are authorized during fiscal year

2001, to receive a salary adjustment in accordance with 28 U.S.C.

461, only if for the purposes of each provision of law amended

by section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.

5318 note), adjustments under section 5303 of title 5, United States

Code, shall take effect in fiscal year 2001: Provided, That, if such

adjustments take effect pursuant to this section, $8,801,000 is

appropriated for such adjustments pursuant to this section and

such funds shall be transferred to and merged with appropriations

in title III of this Act.

This title may be cited as this ‘‘Judiciary Appropriations Act,

2001’’.

114 STAT. 2762A–90 PUBLIC LAW 106–553—APPENDIX B

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the

Foreign Service not otherwise provided for, including employment,

without regard to civil service and classification laws, of persons

on a temporary basis (not to exceed $700,000 of this appropriation),

as authorized; representation to certain international organizations

in which the United States participates pursuant to treaties, ratified

pursuant to the advice and consent of the Senate, or specific Acts

of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition by exchange or purchase of passenger

motor vehicles as authorized by law; and for expenses of general

administration, $2,758,725,000: Provided, That, of the amount made

available under this heading, not to exceed $4,000,000 may be

transferred to, and merged with, funds in the ‘‘Emergencies in

the Diplomatic and Consular Service’’ appropriations account, to

be available only for emergency evacuations and terrorism rewards:

Provided further, That, in fiscal year 2001, all receipts collected

from individuals for assistance in the preparation and filing of

an affidavit of support pursuant to section 213A of the Immigration

and Nationality Act shall be deposited into this account as an

offsetting collection and shall remain available until expended: Provided further, That, of the amount made available under this heading, $246,644,000 shall be available only for public diplomacy international information programs: Provided further, That of the

amount made available under this heading, $5,000,000 shall be

available only for overseas continuing language education: Provided

further, That of the amount made available under this heading, not to exceed $1,400,000 shall be available for transfer to the

Presidential Advisory Commission on Holocaust Assets in the

United States: Provided further, That notwithstanding section

140(a)(5), and the second sentence of section 140(a)(3), of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, fees

may be collected during fiscal years 2001 and 2002, under the

authority of section 140(a)(1) of that Act: Provided further, That

all fees collected under the preceding proviso shall be deposited

in fiscal years 2001 and 2002 as an offsetting collection to appropriations made under this heading to recover costs as set forth under

section 140(a)(2) of that Act and shall remain available until

expended: Provided further, That advances for services authorized

by 22 U.S.C. 3620(c) may be credited to this account, to remain

available until expended for such services: Provided further, That

in fiscal year 2001 and thereafter reimbursements for services

provided to the press in connection with the travel of senior-level

officials may be collected and credited to this appropriation and

shall remain available until expended: Provided further, That no

funds may be obligated or expended for processing licenses for

the export of satellites of United States origin (including commercial

satellites and satellite components) to the People’s Republic of

China, unless, at least 15 days in advance, the Committees on

Appropriations of the House of Representatives and the Senate

are notified of such proposed action: Provided further, That of

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–91

the amount made available under this heading, $40,000,000 shall

only be available to implement the 1999 Pacific Salmon Treaty

Agreement, of which $10,000,000 shall be deposited in the Northern

Boundary and Transboundary Rivers Restoration and Enhancement

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

Boundary Restoration and Enhancement Fund, and of which

$20,000,000 shall be for a direct payment to the State of Washington

for obligations under the 1999 Pacific Salmon Treaty Agreement.

In addition, not to exceed $1,252,000 shall be derived from

fees collected from other executive agencies for lease or use of

facilities located at the International Center in accordance with

section 4 of the International Center Act, as amended; in addition,

as authorized by section 5 of such Act, $490,000, to be derived

from the reserve authorized by that section, to be used for the

purposes set out in that section; in addition, as authorized by

section 810 of the United States Information and Educational

Exchange Act, not to exceed $6,000,000, to remain available until

expended, may be credited to this appropriation from fees or other

payments received from English teaching, library, motion pictures,

and publication programs, and from fees from educational advising

and counseling, and exchange visitor programs; and, in addition,

not to exceed $15,000, which shall be derived from reimbursements,

surcharges, and fees for use of Blair House facilities.

In addition, for the costs of worldwide security upgrades,

$410,000,000, to remain available until expended.

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund,

$97,000,000, to remain available until expended, as authorized:

Provided, That section 135(e) of Public Law 103–236 shall not

apply to funds available under this heading.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,

$28,490,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980, as amended (Public Law 96–465), as it relates

to post inspections.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,

as authorized, $231,587,000, to remain available until expended:

Provided, That not to exceed $800,000, to remain available until

expended, may be credited to this appropriation from fees or other

payments received from or in connection with English teaching

and educational advising and counseling programs as authorized.

REPRESENTATION ALLOWANCES

For representation allowances as authorized, $6,499,000.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary

of State to provide for extraordinary protective services, as authorized, $15,467,000, to remain available until September 30, 2002:

Provided, That, notwithstanding the limitations of 3 U.S.C. 202(10)

114 STAT. 2762A–92 PUBLIC LAW 106–553—APPENDIX B

concerning 20 or more consulates, of the amount made available

under this heading, $5,000,000 shall be available only for the

reimbursement of costs incurred by the City of Seattle, Washington.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service

Buildings Act of 1926, as amended (22 U.S.C. 292–300), preserving,

maintaining, repairing, and planning for, buildings that are owned

or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Main State Building, and

carrying out the Diplomatic Security Construction Program as

authorized, $416,976,000, to remain available until expended as

authorized, of which not to exceed $25,000 may be used for domestic

and overseas representation as authorized: Provided, That none

of the funds appropriated in this paragraph shall be available

for acquisition of furniture and furnishings and generators for other

departments and agencies.

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $663,000,000, to remain

available until expended.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $5,477,000, to remain available until expended as

authorized, of which not to exceed $1,000,000 may be transferred

to and merged with the Repatriation Loans Program Account, subject to the same terms and conditions.

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $591,000, as authorized: Provided,

That such costs, including the cost of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974. In addition, for administrative expenses necessary to carry

out the direct loan program, $604,000, which may be transferred

to and merged with the Diplomatic and Consular Programs account

under Administration of Foreign Affairs.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act,

Public Law 96–8, $16,345,000.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $131,224,000.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet

annual obligations of membership in international multilateral

organizations, pursuant to treaties ratified pursuant to the advice

and consent of the Senate, conventions or specific Acts of Congress,

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–93

$870,833,000: Provided, That any payment of arrearages under

this title shall be directed toward special activities that are mutually

agreed upon by the United States and the respective international

organization: Provided further, That none of the funds appropriated

in this paragraph shall be available for a United States contribution

to an international organization for the United States share of

interest costs made known to the United States Government by

such organization for loans incurred on or after October 1, 1984,

through external borrowings: Provided further, That of the funds

appropriated in this paragraph, $100,000,000 may be made available only pursuant to a certification by the Secretary of State

that the United Nations has taken no action in calendar year

2000 prior to the date of enactment of this Act to increase funding

for any United Nations program without identifying an offsetting

decrease elsewhere in the United Nations budget and cause the

United Nations to exceed the budget for the biennium 2000–2001

of $2,535,700,000: Provided further, That if the Secretary of State

is unable to make the aforementioned certification, the $100,000,000

is to be applied to paying the current year assessment for other

international organizations for which the assessment has not been

paid in full or to paying the assessment due in the next fiscal

year for such organizations, subject to the reprogramming procedures contained in Section 605 of this Act: Provided further, That

funds appropriated under this paragraph may be obligated and

expended to pay the full United States assessment to the civil

budget of the North Atlantic Treaty Organization.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses

of international peacekeeping activities directed to the maintenance

or restoration of international peace and security, $846,000,000,

of which 15 percent shall remain available until September 30,

2002: Provided, That none of the funds made available under this

Act shall be obligated or expended for any new or expanded United

Nations peacekeeping mission unless, at least 15 days in advance

of voting for the new or expanded mission in the United Nations

Security Council (or in an emergency, as far in advance as is

practicable): (1) the Committees on Appropriations of the House

of Representatives and the Senate and other appropriate committees

of the Congress are notified of the estimated cost and length of

the mission, the vital national interest that will be served, and

the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures

therein followed, setting forth the source of funds that will be

used to pay for the cost of the new or expanded mission: Provided

further, That funds shall be available for peacekeeping expenses

only upon a certification by the Secretary of State to the appropriate

committees of the Congress that American manufacturers and

suppliers are being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal

to those being given to foreign manufacturers and suppliers: Provided further, That none of the funds made available under this

heading are available to pay the United States share of the cost

of court monitoring that is part of any United Nations peacekeeping

mission.

114 STAT. 2762A–94 PUBLIC LAW 106–553—APPENDIX B

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet

obligations of the United States arising under treaties, or specific

Acts of Congress, as follows:

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the

International Boundary and Water Commission, United States and

Mexico, and to comply with laws applicable to the United States

Section, including not to exceed $6,000 for representation; as follows:

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, $7,142,000.

CONSTRUCTION

For detailed plan preparation and construction of authorized

projects, $22,950,000, to remain available until expended, as authorized.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for the International Joint Commission and the International Boundary

Commission, United States and Canada, as authorized by treaties

between the United States and Canada or Great Britain, and for

the Border Environment Cooperation Commission as authorized

by Public Law 103–182, $6,741,000, of which not to exceed $9,000

shall be available for representation expenses incurred by the International Joint Commission.

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions,

not otherwise provided for, as authorized by law, $19,392,000: Provided, That the United States’ share of such expenses may be

advanced to the respective commissions, pursuant to 31 U.S.C.

3324.

OTHER

PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by section

501 of Public Law 101–246, $9,250,000, to remain available until

expended, as authorized.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

For necessary expenses of Eisenhower Exchange Fellowships,

Incorporated, as authorized by sections 4 and 5 of the Eisenhower

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2001, to remain

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–95

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes

which are not in accordance with OMB Circulars A–110 (Uniform

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation

for personal services.

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program

as authorized by section 214 of the Foreign Relations Authorization

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest

and earnings accruing to the Israeli Arab Scholarship Fund on

or before September 30, 2001, to remain available until expended.

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out

the provisions of the Center for Cultural and Technical Interchange

Between East and West Act of 1960, by grant to the Center for

Cultural and Technical Interchange Between East and West in

the State of Hawaii, $13,500,000: Provided, That none of the funds

appropriated herein shall be used to pay any salary, or enter

into any contract providing for the payment thereof, in excess

of the rate authorized by 5 U.S.C. 5376.

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National

Endowment for Democracy as authorized by the National Endowment for Democracy Act, $30,999,000, to remain available until

expended.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of

Governors, as authorized, to carry out international communication

activities, $398,971,000, of which not to exceed $16,000 may be

used for official receptions within the United States as authorized,

not to exceed $35,000 may be used for representation abroad as

authorized, and not to exceed $39,000 may be used for official

reception and representation expenses of Radio Free Europe/Radio

Liberty; and in addition, notwithstanding any other provision of

law, not to exceed $2,000,000 in receipts from advertising and

revenue from business ventures, not to exceed $500,000 in receipts

from cooperating international organizations, and not to exceed

$1,000,000 in receipts from privatization efforts of the Voice of

America and the International Broadcasting Bureau, to remain

available until expended for carrying out authorized purposes.

114 STAT. 2762A–96 PUBLIC LAW 106–553—APPENDIX B

BROADCASTING TO CUBA

For necessary expenses to enable the Broadcasting Board of

Governors to carry out broadcasting to Cuba, including the purchase, rent, construction, and improvement of facilities for radio

and television transmission and reception, and purchase and

installation of necessary equipment for radio and television transmission and reception, $22,095,000, to remain available until

expended.

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio transmission and reception, and purchase and installation of necessary equipment for radio and television transmission

and reception as authorized, $20,358,000, to remain available until

expended, as authorized.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

SEC. 401. Funds appropriated under this title shall be available,

except as otherwise provided, for allowances and differentials as

authorized by subchapter 59 of title 5, United States Code; for

services as authorized by 5 U.S.C. 3109; and hire of passenger

transportation pursuant to 31 U.S.C. 1343(b).

SEC. 402. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of State

in this Act may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Broadcasting Board

of Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically

provided, shall be increased by more than 10 percent by any such

transfers: Provided further, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 403. None of the funds made available in this Act may

be used by the Department of State or the Broadcasting Board

of Governors to provide equipment, technical support, consulting

services, or any other form of assistance to the Palestinian Broadcasting Corporation.

SEC. 404. (a) Section 1(a)(2) of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2651a(a)(2)) is amended by

striking ‘‘and the Deputy Secretary of State’’ and inserting ‘‘, the

Deputy Secretary of State, and the Deputy Secretary of State for

Management and Resources’’.

(b) Section 5313 of title 5, United States Code, is amended

by inserting ‘‘Deputy Secretary of State for Management and

Resources.’’ after the item relating to the ‘‘Deputy Secretary of

State’’.

SEC. 405. None of the funds appropriated or otherwise made

available in this Act for the United Nations may be used by the

United Nations for the promulgation or enforcement of any treaty,

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–97

resolution, or regulation authorizing the United Nations, or any

of its specialized agencies or affiliated organizations, to tax any

aspect of the Internet.

SEC. 406. Notwithstanding any other provision of law, none

of the funds appropriated or otherwise made available by this

or any other Act may be used to allow for the entry into, or

withdrawal from warehouse for consumption in the United States

of diamonds if the country of origin in which such diamonds were

mined (as evidenced by a legible certificate of origin) is the Republic

of Sierra Leone, the Republic of Liberia, the Republic of Cote

d’Ivoire, Burkina Faso, the Democratic Republic of the Congo, or

the Republic of Angola with the exception of diamonds certified

by the lawful governments of the Republic of Sierra Leone, the

Democratic Republic of the Congo, or the Republic of Angola.

SEC. 407. Section 37(a)(3) of the State Department Basic

Authorities Act, as amended, (22 U.S.C. 2709) is amended by— (1) striking ‘‘and’’ at the end of subsection (a)(3)(C); and

(2) by inserting at the end the following new subsections: ‘‘(E) a departing Secretary of State for a period of

up to 180 days after the date of termination of that individual’s incumbency as Secretary of State, on the basis of

a threat assessment; and ‘‘(F) an individual who has been designated by the

President to serve as Secretary of State, prior to that

individual’s appointment.’’. SEC. 408. Funds appropriated by this Act for the Broadcasting

Board of Governors and the Department of State, and for the

American Section of the International Joint Commission in Public

Law 106–246, may be obligated and expended notwithstanding

section 313 of the Foreign Relations Authorization Act, Fiscal Years

1994 and 1995, and section 15 of the State Department Basic

Authorities Act of 1956, as amended.

This title may be cited as the ‘‘Department of State and Related

Agency Appropriations Act, 2001’’.

TITLE V—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag

merchant fleet to serve the national security needs of the United

States, $98,700,000, to remain available until expended.

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities

authorized by law, $86,910,000.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by the Merchant Marine Act, 1936, $30,000,000, to remain available until expended:

Provided, That such costs, including the cost of modifying such

114 STAT. 2762A–98 PUBLIC LAW 106–553—APPENDIX B

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended.

In addition, for administrative expenses to carry out the

guaranteed loan program, not to exceed $3,987,000, which shall

be transferred to and merged with the appropriation for Operations

and Training.

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

Notwithstanding any other provision of this Act, the Maritime

Administration is authorized to furnish utilities and services and

make necessary repairs in connection with any lease, contract,

or occupancy involving Government property under control of the

Maritime Administration, and payments received therefore shall

be credited to the appropriation charged with the cost thereof:

Provided, That rental payments under any such lease, contract,

or occupancy for items other than such utilities, services, or repairs

shall be covered into the Treasury as miscellaneous receipts.

No obligations shall be incurred during the current fiscal year

from the construction fund established by the Merchant Marine

Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of America’s Heritage Abroad, $490,000, as authorized by section 1303 of

Public Law 99–83.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights,

including hire of passenger motor vehicles, $8,900,000: Provided,

That not to exceed $50,000 may be used to employ consultants:

Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals

under Schedule C of the Excepted Service exclusive of one special

assistant for each Commissioner: Provided further, That none of

the funds appropriated in this paragraph shall be used to reimburse

Commissioners for more than 75 billable days, with the exception

of the chairperson, who is permitted 125 billable days.

COMMISSION ON OCEAN POLICY

SALARIES AND EXPENSES

For the necessary expenses of the Commission on Ocean Policy,

pursuant to S. 2327 as passed the Senate, $1,000,000, to remain

available until expended: Provided, That the Commission shall

present to the Congress within 18 months of appointment its recommendations for a national ocean policy.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–99

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and

Cooperation in Europe, as authorized by Public Law 94–304,

$1,370,000, to remain available until expended as authorized by

section 3 of Public Law 99–7.

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $500,000,

to remain available until expended.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity

Commission as authorized by title VII of the Civil Rights Act

of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans

with Disabilities Act of 1990, and the Civil Rights Act of 1991,

including services as authorized by 5 U.S.C. 3109; hire of passenger

motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary

awards to private citizens; and not to exceed $30,000,000 for payments to State and local enforcement agencies for services to the

Commission pursuant to title VII of the Civil Rights Act of 1964,

as amended, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the

Civil Rights Act of 1991, $303,864,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,500 from available funds.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed

$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed

$4,000 for official reception and representation expenses; purchase

(not to exceed 16) and hire of motor vehicles; special counsel fees;

and services as authorized by 5 U.S.C. 3109, $230,000,000, of which

not to exceed $300,000 shall remain available until September

30, 2002, for research and policy studies: Provided, That

$200,146,000 of offsetting collections shall be assessed and collected

pursuant to section 9 of title I of the Communications Act of

1934, as amended, and shall be retained and used for necessary

expenses in this appropriation, and shall remain available until

expended: Provided further, That the sum herein appropriated shall

be reduced as such offsetting collections are received during fiscal

year 2001 so as to result in a final fiscal year 2001 appropriation

estimated at $29,854,000: Provided further, That any offsetting

114 STAT. 2762A–100 PUBLIC LAW 106–553—APPENDIX B

collections received in excess of $200,146,000 in fiscal year 2001

shall remain available until expended, but shall not be available

for obligation until October 1, 2001.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission

as authorized by section 201(d) of the Merchant Marine Act, 1936,

as amended (46 U.S.C. App. 1111), including services as authorized

by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized

by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as

authorized by 5 U.S.C. 5901–5902, $15,500,000: Provided, That

not to exceed $2,000 shall be available for official reception and

representation expenses.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,

including uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $2,000 for official reception

and representation expenses, $145,254,000: Provided, That not to

exceed $300,000 shall be available for use to contract with a person

or persons for collection services in accordance with the terms

of 31 U.S.C. 3718, as amended: Provided further, That, notwithstanding section 3302(b) of title 31, United States Code, not to

exceed $145,254,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino

Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be

retained and used for necessary expenses in this appropriation,

and shall remain available until expended: Provided further, That

the sum herein appropriated from the general fund shall be reduced

as such offsetting collections are received during fiscal year 2001,

so as to result in a final fiscal year 2001 appropriation from the

general fund estimated at not more than $0, to remain available

until expended: Provided further, That none of the funds made

available to the Federal Trade Commission shall be available for

obligation for expenses authorized by section 151 of the Federal

Deposit Insurance Corporation Improvement Act of 1991 (Public

Law 102–242; 105 Stat. 2282–2285).

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out

the purposes of the Legal Services Corporation Act of 1974, as

amended, $330,000,000, of which $310,000,000 is for basic field

programs and required independent audits; $2,200,000 is for the

Office of Inspector General, of which such amounts as may be

necessary may be used to conduct additional audits of recipients;

$10,800,000 is for management and administration; and $7,000,000

is for client self-help and information technology.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–101

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services

Corporation shall be expended for any purpose prohibited or limited

by, or contrary to any of the provisions of, sections 501, 502,

503, 504, 505, and 506 of Public Law 105–119, and all funds

appropriated in this Act to the Legal Services Corporation shall

be subject to the same terms and conditions set forth in such

sections, except that all references in sections 502 and 503 to

1997 and 1998 shall be deemed to refer instead to 2000 and 2001,

respectively.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission

as authorized by title II of Public Law 92–522, as amended,

$1,700,000.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange

Commission, including services as authorized by 5 U.S.C. 3109,

the rental of space (to include multiple year leases) in the District

of Columbia and elsewhere, and not to exceed $3,000 for official

reception and representation expenses, $127,800,000 from fees collected in fiscal year 2001 to remain available until expended, and

from fees collected in fiscal year 1999, $295,000,000, to remain

available until expended; of which not to exceed $10,000 may be

used toward funding a permanent secretariat for the International

Organization of Securities Commissions; and of which not to exceed

$100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and

other regulatory officials, members of their delegations, appropriate

representatives and staff to exchange views concerning developments relating to securities matters, development and implementation of cooperation agreements concerning securities matters and

provision of technical assistance for the development of foreign

securities markets, such expenses to include necessary logistic and

administrative expenses and the expenses of Commission staff and

foreign invitees in attendance at such consultations and meetings

including: (1) such incidental expenses as meals taken in the course

of such attendance; (2) any travel and transportation to or from

such meetings; and (3) any other related lodging or subsistence:

Provided, That fees and charges authorized by sections 6(b)(4) of

the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the

Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be credited

to this account as offsetting collections.

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small

Business Administration as authorized by Public Law 105–135,

including hire of passenger motor vehicles as authorized by 31

114 STAT. 2762A–102 PUBLIC LAW 106–553—APPENDIX B

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception

and representation expenses, $331,635,000: Provided, That the

Administrator is authorized to charge fees to cover the cost of

publications developed by the Small Business Administration, and

certain loan servicing activities: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities

shall be credited to this account, to be available for carrying out

these purposes without further appropriations: Provided further,

That $88,000,000 shall be available to fund grants for performance

in fiscal year 2001 or fiscal year 2002 as authorized by section

21 of the Small Business Act, as amended: Provided further, That,

of the funds made available under this heading, $4,000,000 shall

be for the National Veterans Business Development Corporation

established under section 33(a) of the Small Business Act (15 U.S.C.

657c).

In addition, for the costs of programs related to the New Markets Venture Capital Program, $37,000,000, of which $7,000,000

shall be for BusinessLINC, and of which $30,000,000 shall be for

technical assistance: Provided, That the funds appropriated under

this paragraph shall not be available for obligation until the New

Markets Venture Capital Program is authorized by subsequent

legislation.

In addition, to reimburse the Small Business Administration

for qualified expenses of delinquent non-tax debt collection, to be

derived from increased agency collections of delinquent debt, 5

percent of such collections but not to exceed $3,000,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended (5 U.S.C. App.), $11,953,000.

BUSINESS LOANS PROGRAM ACCOUNT

For the cost of direct loans, $2,250,000, to be available until

expended; and for the cost of guaranteed loans, $163,160,000, as

authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain

available until September 30, 2002: Provided, That of the total

provided, $22,000,000 shall be available only for the costs of guaranteed loans under the New Markets Venture Capital program and

shall become available for obligation only upon authorization of

such program by the enactment of subsequent legislation in fiscal

year 2001: Provided further, That such costs, including the cost

of modifying such loans, shall be as defined in section 502 of

the Congressional Budget Act of 1974, as amended: Provided further, That during fiscal year 2001, commitments to guarantee loans

under section 503 of the Small Business Investment Act of 1958,

as amended, shall not exceed $3,750,000,000: Provided further,

That during fiscal year 2001, commitments for general business

loans authorized under section 7(a) of the Small Business Act,

as amended, shall not exceed $10,000,000,000 without prior notification of the Committees on Appropriations of the House of Representatives and Senate in accordance with section 605 of this Act: Provided further, That during fiscal year 2001, commitments to guarantee loans under section 303(b) of the Small Business Investment

Act of 1958, as amended, shall not exceed $500,000,000.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–103

In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $129,000,000, which may be transferred to and merged with the appropriations for Salaries and

Expenses.

DISASTER LOANS PROGRAM ACCOUNT

For the cost of direct loans authorized by section 7(b) of the Small Business Act, as amended, $76,140,000, to remain available

until expended: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974, as amended.

In addition, for administrative expenses to carry out the direct loan program, $108,354,000, which may be transferred to and

merged with appropriations for Salaries and Expenses, of which

$500,000 is for the Office of Inspector General of the Small Business

Administration for audits and reviews of disaster loans and the

disaster loan program and shall be transferred to and merged

with appropriations for the Office of Inspector General; of which

$98,000,000 is for direct administrative expenses of loan making

and servicing to carry out the direct loan program; and of which

$9,854,000 is for indirect administrative expenses: Provided, That

any amount in excess of $9,854,000 to be transferred to and merged

with appropriations for Salaries and Expenses for indirect administrative expenses shall be treated as a reprogramming of funds

under section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

Not to exceed 5 percent of any appropriation made available

for the current fiscal year for the Small Business Administration

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this paragraph shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public

Law 102–572; 106 Stat. 4515–4516), $6,850,000, to remain available

until expended: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.

TITLE VI—GENERAL PROVISIONS

SEC. 601. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes not authorized

by the Congress.

SEC. 602. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

114 STAT. 2762A–104 PUBLIC LAW 106–553—APPENDIX B

SEC. 603. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 604. If any provision of this Act or the application of

such provision to any person or circumstances shall be held invalid,

the remainder of the Act and the application of each provision

to persons or circumstances other than those as to which it is

held invalid shall not be affected thereby.

SEC. 605. (a) None of the funds provided under this Act, or

provided under previous appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 2001, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds which: (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions, or activities

presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified 15 days

in advance of such reprogramming of funds.

(b) None of the funds provided under this Act, or provided

under previous appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2001, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or (3) results from any general savings

from a reduction in personnel which would result in a change

in existing programs, activities, or projects as approved by Congress;

unless the Appropriations Committees of both Houses of Congress

are notified 15 days in advance of such reprogramming of funds.

SEC. 606. None of the funds made available in this Act may

be used for the construction, repair (other than emergency repair),

overhaul, conversion, or modernization of vessels for the National

Oceanic and Atmospheric Administration in shipyards located outside of the United States.

SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–105

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL- ING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

affixed a label bearing a ‘‘Made in America’’ inscription, or any

inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the

person shall be ineligible to receive any contract or subcontract

made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations.

SEC. 608. None of the funds made available in this Act may

be used to implement, administer, or enforce any guidelines of

the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal

entity or official to which such funds are made available that

such guidelines do not differ in any respect from the proposed

guidelines published by the Commission on October 1, 1993 (58

Fed. Reg. 51266).

SEC. 609. None of the funds made available by this Act may

be used for any United Nations undertaking when it is made

known to the Federal official having authority to obligate or expend

such funds: (1) that the United Nations undertaking is a peacekeeping mission; (2) that such undertaking will involve United States

Armed Forces under the command or operational control of a foreign

national; and (3) that the President’s military advisors have not

submitted to the President a recommendation that such involvement

is in the national security interests of the United States and the

President has not submitted to the Congress such a recommendation.

SEC. 610. (a) None of the funds appropriated or otherwise

made available by this Act shall be expended for any purpose

for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999.

(b) The requirements in subparagraphs (A) and (B) of section

609 of that Act shall continue to apply during fiscal year 2001.

SEC. 611. None of the funds made available in this Act shall

be used to provide the following amenities or personal comforts

in the Federal prison system—

(1) in-cell television viewing except for prisoners who are

segregated from the general prison population for their own

safety;

(2) the viewing of R, X, and NC–17 rated movies, through

whatever medium presented;

(3) any instruction (live or through broadcasts) or training

equipment for boxing, wrestling, judo, karate, or other martial

art, or any bodybuilding or weightlifting equipment of any

sort;

(4) possession of in-cell coffee pots, hot plates or heating

elements; or

(5) the use or possession of any electric or electronic musical

instrument.

SEC. 612. None of the funds made available in title II for

the National Oceanic and Atmospheric Administration (NOAA)

under the headings ‘‘Operations, Research, and Facilities’’ and

‘‘Procurement, Acquisition and Construction’’ may be used to implement sections 603, 604, and 605 of Public Law 102–567: Provided,

114 STAT. 2762A–106 PUBLIC LAW 106–553—APPENDIX B

That NOAA may develop a modernization plan for its fisheries

research vessels that takes fully into account opportunities for

contracting for fisheries surveys.

SEC. 613. Any costs incurred by a department or agency funded

under this Act resulting from personnel actions taken in response

to funding reductions included in this Act shall be absorbed within

the total budgetary resources available to such department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

section is provided in addition to authorities included elsewhere

in this Act: Provided further, That use of funds to carry out this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 614. Hereafter, none of the funds made available in this

Act to the Federal Bureau of Prisons may be used to distribute

or make available any commercially published information or material to a prisoner when it is made known to the Federal official

having authority to obligate or expend such funds that such

information or material is sexually explicit or features nudity.

SEC. 615. Of the funds appropriated in this Act under the

heading ‘‘Office of Justice Programs—State and Local Law Enforcement Assistance’’, not more than 90 percent of the amount to

be awarded to an entity under the Local Law Enforcement Block

Grant shall be made available to such an entity when it is made

known to the Federal official having authority to obligate or expend

such funds that the entity that employs a public safety officer

(as such term is defined in section 1204 of title I of the Omnibus

Crime Control and Safe Streets Act of 1968) does not provide

such a public safety officer who retires or is separated from service

due to injury suffered as the direct and proximate result of a

personal injury sustained in the line of duty while responding

to an emergency situation or a hot pursuit (as such terms are

defined by State law) with the same or better level of health

insurance benefits at the time of retirement or separation as they

received while on duty.

SEC. 616. None of the funds provided by this Act shall be

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country

of restrictions on the marketing of tobacco or tobacco products,

except for restrictions which are not applied equally to all tobacco

or tobacco products of the same type.

SEC. 617. (a) None of the funds appropriated or otherwise

made available by this Act shall be expended for any purpose

for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999, as amended.

(b) Subsection (a)(1) of section 616 of that Act, as amended,

is further amended—

(1) by striking ‘‘and’’ after ‘‘Toussaint,’’; and

(2) by inserting before the semicolon at the end of the

subsection, ‘‘, Jean Leopold Dominique, Jean-Claude Louissaint,

Legitime Athis and his wife, Christa Joseph Athis, Jean-Michel

Olophene, Claudy Myrthil, Merilus Deus, and Ferdinand

Dorvil’’.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–107

(c) The requirements in subsections (b) and (c) of section 616

of that Act shall continue to apply during fiscal year 2001.

SEC. 618. None of the funds appropriated pursuant to this

Act or any other provision of law may be used for: (1) the

implementation of any tax or fee in connection with the implementation of 18 U.S.C. 922(t); and (2) any system to implement 18

U.S.C. 922(t) that does not require and result in the destruction

of any identifying information submitted by or on behalf of any

person who has been determined not to be prohibited from owning

a firearm.

SEC. 619. Notwithstanding any other provision of law, amounts

deposited or available in the Fund established under 42 U.S.C.

10601 in any fiscal year in excess of $537,500,000 shall not be

available for obligation until the following fiscal year.

SEC. 620. None of the funds made available to the Department

of Justice in this Act may be used to discriminate against or

denigrate the religious or moral beliefs of students who participate

in programs for which financial assistance is provided from those

funds, or of the parents or legal guardians of such students.

SEC. 621. None of the funds appropriated in this Act shall

be available for the purpose of granting either immigrant or nonimmigrant visas, or both, consistent with the Secretary’s determination under section 243(d) of the Immigration and Nationality Act,

to citizens, subjects, nationals, or residents of countries that the

Attorney General has determined deny or unreasonably delay

accepting the return of citizens, subjects, nationals, or residents

under that section.

SEC. 622. None of the funds made available to the Department

of Justice in this Act may be used for the purpose of transporting

an individual who is a prisoner pursuant to conviction for crime

under State or Federal law and is classified as a maximum or

high security prisoner, other than to a prison or other facility

certified by the Federal Bureau of Prisons as appropriately secure

for housing such a prisoner.

SEC. 623. None of the funds appropriated by this Act shall

be used to propose or issue rules, regulations, decrees, or orders

for the purpose of implementation, or in preparation for

implementation, of the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan, at the Third Conference of the

Parties to the United Nations Framework Convention on Climate

Change, which has not been submitted to the Senate for advice

and consent to ratification pursuant to article II, section 2, clause

2, of the United States Constitution, and which has not entered

into force pursuant to article 25 of the Protocol.

SEC. 624. Beginning 60 days from the date of the enactment

of this Act, none of the funds appropriated or otherwise made

available by this Act may be made available for the participation

by delegates of the United States to the Standing Consultative

Commission unless the President certifies and so reports to the

Committees on Appropriations that the United States Government

is not implementing the Memorandum of Understanding Relating

to the Treaty Between the United States of America and the Union

of Soviet Socialist Republics on the limitation of Anti-Ballistic Missile Systems of May 26, 1972, entered into in New York on September 26, 1997, by the United States, Russia, Kazakhstan, Belarus,

and Ukraine, or until the Senate provides its advice and consent

to the Memorandum of Understanding.

114 STAT. 2762A–108 PUBLIC LAW 106–553—APPENDIX B

SEC. 625. None of the funds appropriated in this Act may

be available to the Department of State to approve the purchase

of property in Arlington, Virginia by the Xinhua News Agency.

SEC. 626. Title 18, section 4006(b)(1) is amended by inserting,

‘‘, the Federal Bureau of Investigation’’ after ‘‘United States Marshals Service’’.

SEC. 627. Section 3022 of the 1999 Emergency Supplemental

Appropriations Act (113 Stat. 100) is amended by striking ‘‘between

the date of enactment of this Act and October 1, 2000,’’.

SEC. 628. Section 623 of H.R. 3421 (the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 2000 (16 U.S.C. 3645)), as enacted into law

by section 1000(a)(1) of Public Law 106–113 (113 Stat. 1535), is

amended—

(a) in subsection (a)(1) by striking ‘‘The Northern Fund

and Southern Fund shall each receive $10,000,000 of the

amounts authorized by this section.’’;

(b) by striking subsection (d) and inserting in lieu thereof

the following new subsection:

‘‘(d)(1) PACIFIC SALMON TREATY.—

‘‘(A) For capitalizing the Northern Fund there is authorized

to be appropriated in fiscal years 2000, 2001, 2002, and 2003

a total of $75,000,000.

‘‘(B) For capitalizing the Southern Fund there is authorized

to be appropriated in fiscal years 2000, 2001, 2002, and 2003

a total of $65,000,000.

‘‘(C) To provide economic adjustment assistance to fishermen pursuant to the 1999 Pacific Salmon Treaty Agreement,

there is authorized to be appropriated in fiscal years 2000,

2001, and 2002 a total of $30,000,000.

‘‘(2) PACIFIC COASTAL SALMON RECOVERY.—

‘‘(A) For salmon habitat restoration, salmon stock enhancement, and salmon research, including the construction of

salmon research and related facilities, there is authorized to

be appropriated for each of fiscal years 2000, 2001, 2002, and

2003, $90,000,000 to the States of Alaska, Washington, Oregon,

and California. Amounts appropriated pursuant to this

subparagraph shall be made available as direct payments. The

State of Alaska may allocate a portion of any funds it receives

under this subsection to eligible activities outside Alaska.

‘‘(B) For salmon habitat restoration, salmon stock enhancement, salmon research, and supplementation activities, there

is authorized to be appropriated in each of fiscal years 2000,

2001, 2002, and 2003, $10,000,000 to be divided between the

Pacific Coastal tribes (as defined by the Secretary of Commerce)

and the Columbia River tribes (as defined by the Secretary

of Commerce).’’.

SEC. 629. Section 3(3) of the Interstate Horseracing Act of

1978 (15 U.S.C. 3002(3)) is amended by inserting ‘‘and includes

pari-mutuel wagers, where lawful in each State involved, placed

or transmitted by an individual in one State via telephone or

other electronic media and accepted by an off-track betting system

in the same or another State, as well as the combination of any

pari-mutuel wagering pools’’ after ‘‘another State’’.

SEC. 630. (a) Section 7A(a) of the Clayton Act (15 U.S.C. 18a(a))

is amended to read as follows:

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–109

‘‘(a) Except as exempted pursuant to subsection (c), no person

shall acquire, directly or indirectly, any voting securities or assets

of any other person, unless both persons (or in the case of a

tender offer, the acquiring person) file notification pursuant to

rules under subsection (d)(1) and the waiting period described in

subsection (b)(1) has expired, if—

‘‘(1) the acquiring person, or the person whose voting securities or assets are being acquired, is engaged in commerce

or in any activity affecting commerce; and

‘‘(2) as a result of such acquisition, the acquiring person

would hold an aggregate total amount of the voting securities

and assets of the acquired person—

‘‘(A) in excess of $200,000,000 (as adjusted and published for each fiscal year beginning after September 30,

2004, in the same manner as provided in section 8(a)(5)

to reflect the percentage change in the gross national product for such fiscal year compared to the gross national

product for the year ending September 30, 2003); or

‘‘(B)(i) in excess of $50,000,000 (as so adjusted and

published) but not in excess of $200,000,000 (as so adjusted

and published); and

‘‘(ii)(I) any voting securities or assets of a person

engaged in manufacturing which has annual net sales or

total assets of $10,000,000 (as so adjusted and published)

or more are being acquired by any person which has total

assets or annual net sales of $100,000,000 (as so adjusted

and published) or more;

‘‘(II) any voting securities or assets of a person not

engaged in manufacturing which has total assets of

$10,000,000 (as so adjusted and published) or more are

being acquired by any person which has total assets or

annual net sales of $100,000,000 (as so adjusted and published) or more; or

‘‘(III) any voting securities or assets of a person with

annual net sales or total assets of $100,000,000 (as so

adjusted and published) or more are being acquired by

any person with total assets or annual net sales of

$10,000,000 (as so adjusted and published) or more.

In the case of a tender offer, the person whose voting securities

are sought to be acquired by a person required to file notification

under this subsection shall file notification pursuant to rules under

subsection (d).’’.

(b) Section 605 of title VI of Public Law 101–162 (15 U.S.C.

18a note) is amended—

(1) by inserting ‘‘(a)’’ after ‘‘SEC. 605.’’,

(2) in the 1st sentence—

(A) by striking ‘‘at $45,000’’ and inserting ‘‘in subsection (b)’’, and

(B) by striking ‘‘Hart-Scott-Rodino Antitrust Improvements Act of 1976’’ and inserting ‘‘section 7A of the Clayton

Act’’, and

(3) by adding at the end the following:

‘‘(b) The filing fees referred to in subsection (a) are—

‘‘(1) $45,000 if the aggregate total amount determined

under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))

is less than $100,000,000 (as adjusted and published for each

fiscal year beginning after September 30, 2004, in the same

114 STAT. 2762A–110 PUBLIC LAW 106–553—APPENDIX B

manner as provided in section 8(a)(5) of the Clayton Act (15

U.S.C. 19(a)(5)) to reflect the percentage change in the gross

national product for such fiscal year compared to the gross

national product for the year ending September 30, 2003);

‘‘(2) $125,000 if the aggregate total amount determined

under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))

is not less than $100,000,000 (as so adjusted and published)

but less than $500,000,000 (as so adjusted and published);

and

‘‘(3) $280,000 if the aggregate total amount determined

under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))

is not less than $500,000,000 (as so adjusted and published).’’,

(4) by striking ‘‘States.’’ and inserting ‘‘States’’, and

(5) by adding a period at the end.

(c) Section 7A(e)(1) of the Clayton Act (15 U.S.C. 18a(e)(1))

is amended)—

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’, and

(2) by inserting at the end the following:

‘‘(B)(i) The Assistant Attorney General and the Federal Trade

Commission shall each designate a senior official who does not

have direct responsibility for the review of any enforcement recommendation under this section concerning the transaction at issue,

to hear any petition filed by such person to determine—

‘‘(I) whether the request for additional information or documentary material is unreasonably cumulative, unduly burdensome, or duplicative; or

‘‘(II) whether the request for additional information or documentary material has been substantially complied with by the

petitioning person.

‘‘(ii) Internal review procedures for petitions filed pursuant

to clause (i) shall include reasonable deadlines for expedited review

of such petitions, after reasonable negotiations with investigative

staff, in order to avoid undue delay of the merger review process.

‘‘(iii) Not later than 90 days after the date of the enactment

of this Act, the Assistant Attorney General and the Federal Trade

Commission shall conduct an internal review and implement

reforms of the merger review process in order to eliminate unnecessary burden, remove costly duplication, and eliminate undue delay,

in order to achieve a more effective and more efficient merger

review process.

‘‘(iv) Not later than 120 days after the date of enactment

of this Act, the Assistant Attorney General and the Federal Trade

Commission shall issue or amend their respective industry guidance, regulations, operating manuals and relevant policy documents,

to the extent appropriate, to implement each reform in this subparagraph.

‘‘(v) Not later than 180 days after the date the of enactment

of this Act, the Assistant Attorney General and the Federal Trade

Commission shall each report to Congress—

‘‘(I) which reforms each agency has adopted under this

subparagraph;

‘‘(II) which steps each has taken to implement such internal

reforms; and

‘‘(III) the effects of such reforms.’’.

(d) Section 7A of the Clayton Act (15 U.S.C. 18a) is amended—

(1) in subsection (e)(2), by striking ‘‘20 days’’ and inserting

‘‘30 days’’, and

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–111

(2) by adding at the end the following:

‘‘(k) If the end of any period of time provided in this section

falls on a Saturday, Sunday, or legal public holiday (as defined

in section 6103(a) of title 5 of the United States Code), then such

period shall be extended to the end of the next day that is not

a Saturday, Sunday, or legal public holiday.’’.

(e) This section and the amendments made by this section

shall take effect on the 1st day of the 1st month that begins

more than 30 days after the date of the enactment of this Act.

SEC. 631. (a) The Secretary of the Army is authorized to take

all necessary measures to further stabilize and renovate Lock and

Dam 10 at Boonesborough, Kentucky, with the purpose of extending

the design life of the structure by an additional 50 years, at a

total cost of $24,000,000, with an estimated Federal cost of

$19,200,000 and an estimated non-Federal cost of $4,800,000.

(b) For purposes of this section only, ‘‘stabilize and renovate’’

shall include, but shall not be limited to, the following activities:

stabilization of the main dam, auxiliary dam and lock; renovation

of all operational aspects of the lock; and elevation of the main

and auxiliary dams.

SEC. 632. (a)(1) The Federal Communications Commission shall

modify the rules authorizing the operation of low-power FM radio

stations, as proposed in MM Docket No. 99–25, to—

(A) prescribe minimum distance separations for third-adjacent channels (as well as for co-channels and first- and secondadjacent channels); and

(B) prohibit any applicant from obtaining a low-power FM

license if the applicant has engaged in any manner in the

unlicensed operation of any station in violation of section 301

of the Communications Act of 1934 (47 U.S.C. 301).

(2) The Federal Communications Commission may not—

(A) eliminate or reduce the minimum distance separations

for third-adjacent channels required by paragraph (1)(A); or

(B) extend the eligibility for application for low-power FM

stations beyond the organizations and entities as proposed in

MM Docket No. 99–25 (47 CFR 73.853),

except as expressly authorized by an Act of Congress enacted after

the date of the enactment of this Act.

(3) Any license that was issued by the Commission to a lowpower FM station prior to the date on which the Commission

modifies its rules as required by paragraph (1) and that does

not comply with such modifications shall be invalid.

(b)(1) The Federal Communications Commission shall conduct

an experimental program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance

separations for third-adjacent channels required by subsection (a).

The Commission shall conduct such test in no more than nine

FM radio markets, including urban, suburban, and rural markets,

by waiving the minimum distance separations for third-adjacent

channels for the stations that are the subject of the experimental

program. At least one of the stations shall be selected for the

purpose of evaluating whether minimum distance separations for

third-adjacent channels are needed for FM translator stations. The

Commission may, consistent with the public interest, continue after

the conclusion of the experimental program to waive the minimum

114 STAT. 2762A–112 PUBLIC LAW 106–553—APPENDIX B

distance separations for third-adjacent channels for the stations

that are the subject of the experimental program.

(2) The Commission shall select an independent testing entity

to conduct field tests in the markets of the stations in the experimental program under paragraph (1). Such field tests shall

include—

(A) an opportunity for the public to comment on interference; and

(B) independent audience listening tests to determine what

is objectionable and harmful interference to the average radio

listener.

(3) The Commission shall publish the results of the experimental program and field tests and afford an opportunity for the

public to comment on such results. The Federal Communications

Commission shall submit a report on the experimental program

and field tests to the Committee on Commerce of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate not later than February 1, 2001.

Such report shall include—

(A) an analysis of the experimental program and field

tests and of the public comment received by the Commission;

(B) an evaluation of the impact of the modification or

elimination of minimum distance separations for third-adjacent

channels on—

(i) listening audiences;

(ii) incumbent FM radio broadcasters in general, and

on minority and small market broadcasters in particular,

including an analysis of the economic impact on such broadcasters;

(iii) the transition to digital radio for terrestrial radio

broadcasters;

(iv) stations that provide a reading service for the

blind to the public; and

(v) FM radio translator stations;

(C) the Commission’s recommendations to the Congress

to reduce or eliminate the minimum distance separations for

third-adjacent channels required by subsection (a); and

(D) such other information and recommendations as the

Commission considers appropriate.

SEC. 633. For an additional amount for ‘‘Small Business

Administration, Salaries and Expenses’’, $40,000,000, of which

$2,500,000 shall be available for a grant to the NTTC at Wheeling

Jesuit University to continue the outreach program to assist small

business development; $600,000 shall be available for a grant for

Western Carolina University to develop a tourism and hospitality

curriculum; $2,500,000 shall be available for a grant to the Bronx

Museum of the Arts, New York, to develop facilities, including

the Museum’s participation in the Point Residency and the Community Gallery projects; $1,000,000 shall be available for a grant

to Soundview Community in Action in the Bronx, New York, for

a technology access and business improvement project; $5,000,000

shall be available for the Center for Rural Development, Somerset,

Kentucky, for a regional program of technology workforce development; $1,500,000 shall be available for a grant to the State University of New York to develop a facility and operate the Institute

of Entrepreneurship for small business and workforce development;

$500,000 shall be available for a grant for Pike County, Kentucky,

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–113

for an interpretive development initiative; $1,000,000 shall be available for a grant to the East Los Angeles Community Union to

develop a facility; $5,000,000 shall be available for a grant to

the Southern Kentucky Tourism Development Association for a

regional tourism promotion initiative; $1,500,000 shall be available

for a grant for Union College, Barbourville, Kentucky, for a technology and media center; $500,000 shall be available for a grant

to the National Corrections and Law Enforcement Training and

Technology Center, Inc., to work in conjunction with the Office

of Law Enforcement Technology Commercialization and the

Moundsville Economic Development Council for continued operations of the National Corrections and Law Enforcement Training

and Technology Center, and for infrastructure improvements associated with this initiative; $2,000,000 shall be available for a grant

for the City of Paintsville, Kentucky, for a regional arts and tourism

center; $200,000 shall be available for a grant for the Vandalia

Heritage Foundation to fulfill its charter purposes; $800,000 shall

be available for a grant for the Museum of Science and Industry

to develop a Manufacturing Learning Center; $200,000 shall be

available for a grant to Rural Enterprises, Inc., in Durant, Oklahoma, to continue support for a resource center for rural businesses;

$1,000,000 shall be available for a grant for Greenpoint Manufacturing and Design Center to acquire certain properties to develop

a small business incubator facility; $1,000,000 shall be available

for a grant to the Long Island Bay Shore Aquarium to develop

a facility; $200,000 shall be available for a grant for Old Sturbridge

Village’s Threshold Project to develop an arts and tourism facility;

$1,300,000 shall be available for a grant to Pulaski County, Kentucky, for an emergency training center; $2,000,000 shall be available for a grant for Promesa Enterprises in the Bronx, New York,

to assist community-based businesses; $1,000,000 shall be available

for a grant to the City of Oak Ridge, Tennessee, to develop a

center to support technology and economic development initiatives;

$1,000,000 shall be available for a grant for the Safer Foundation

to develop a facility; $250,000 shall be available for a grant for

the Johnstown Area Regional Industries Center for a Workforce

Development initiative; $600,000 shall be available for a grant

for the Buckhorn Children’s Foundation for a community-based

youth development facility; $250,000 shall be available for a grant

for the Johnstown Area Regional Industries Center to continue

support for the Entrepreneur Challenge 2000 small business incubator initiative; $250,000 shall be available for a grant to the Business

Development Assistance Group to establish an Entrepreneurship

Center for New Americans in Northern Virginia; $1,000,000 shall

be available for a grant for the Brotherhood Business Development

and Capital Fund for a small business technical assistance and

loan program; $900,000 shall be available for a grant for the Arizona

Department of Public Safety for planning and design for infrastructure improvements; $250,000 shall be available for a grant for

Gadsden State Community College to develop a Center for Economic

Development; $2,000,000 shall be available for a grant to Morehead

State University for a science research and technology center;

$350,000 shall be available for a grant for the Nicholas County,

Kentucky, Industrial Authority to acquire certain properties in Carlisle, Kentucky, to develop a small business initiative; $350,000

shall be available for a grant for Montgomery County, Kentucky,

to develop an education and training facility; $500,000 shall be

114 STAT. 2762A–114 PUBLIC LAW 106–553—APPENDIX B

available for a grant to the New York City Department of Parks

and Recreation, Bronx County, to develop a river house facility;

$500,000 shall be available for a grant to the New York Public

Library Mott Haven Branch in the Bronx, New York, to develop

a facility; and $500,000 shall be available for a grant to the Oklahoma Department of Career and Technology Education for a technology-based pilot program for vocational training for economic

and job development.

SEC. 634. None of the funds provided in this or any previous

Act, or hereinafter made available to the Department of Commerce

shall be available to issue or renew, for any fishing vessel, any

general or harpoon category fishing permit for Atlantic bluefin

tuna that would allow the vessel—

(1) to use an aircraft to locate, or otherwise assist in

fishing for, catching, or possessing Atlantic bluefin tuna; or

(2) to fish for, catch, or possessing Atlantic bluefin tuna

located by the use of an aircraft.

SEC. 635. (a) This section may be cited as ‘‘Amy Boyer’s Law’’.

(b) Congress makes the following findings:

(1) The inappropriate display, sale, or use of social security

numbers is a significant factor in a growing range of illegal

activities, including fraud, identity theft, and, in some cases,

stalking and other violent crimes.

(2) Because social security numbers are used to track financial, health care, and other sensitive information about individuals, the inappropriate sale or display of those numbers to

the general public can result in serious invasions of individual

privacy and facilitate the commission of criminal activity.

(3) The Federal Government requires virtually every

individual in the United States to obtain and maintain a social

security number in order to pay taxes, to qualify for social

security benefits, or to seek employment. An unintended consequence of these requirements is that social security numbers

have become tools that can be used to facilitate crime, fraud,

and invasions of the privacy of the individuals to whom the

numbers are assigned. Because the Federal Government created and maintains the social security number system, and

because the Federal Government does not permit persons to

exempt themselves from the requirements of that system, it

is appropriate for the Federal Government to take steps to

stem abuse of the system.

(4) A social security number is simply a sequence of numbers. In no meaningful sense can the number itself impart

knowledge or ideas. Persons do not sell or transfer such numbers in order to convey any particularized message, nor to

express to the purchaser any ideas, knowledge, or thoughts.

(5) No one should seek to profit from the display or sale

to the general public of social security numbers in circumstances that create a substantial risk of physical, emotional,

or financial harm to the individuals to whom those numbers

are assigned.

(6) Various entities may display, sell, or use social security

numbers, including the private sector, the Federal Government

and State governments, and Federal and State courts. Whatever

the source, the inappropriate display or sale to the general

public of social security numbers should be prevented.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–115

(7) Congress should enact legislation that will offer an

individual assigned a social security number necessary protection from the display, sale, or purchase of the number in

circumstances that might facilitate unlawful conduct or that

might otherwise likely result in unfair and deceptive practices.

(c)(1) Part A of title XI of the Social Security Act (42 U.S.C.

1301 et seq.) is amended by adding at the end the following new

section:

‘‘PROHIBITION OF CERTAIN MISUSES OF THE SOCIAL SECURITY NUMBER

‘‘SEC. 1150A. (a) Except as otherwise provided in this section,

no person may display or sell to the general public any individual’s

social security number, or any identifiable derivative of such number, without the affirmatively expressed consent, electronically or

in writing, of the individual. ‘‘(b) No person may obtain any individual’s social security number, or any identifiable derivative of such number, for purposes

of locating or identifying an individual with the intent to physically

injure, harm, or use the identity of the individual for illegal purposes. ‘‘(c) In order for consent to exist under subsection (a), the

person displaying, or seeking to display, or selling or attempting

to sell, an individual’s social security number, or any identifiable

derivative of such number, shall— ‘‘(1) inform the individual of the general purposes for which

the number will be utilized and the types of persons to whom

the number may be available; and ‘‘(2) obtain affirmatively expressed consent electronically

or in writing.

‘‘(d) Except as set forth in subsection (b), nothing in this section

shall be construed to prohibit or limit the display, sale, or use

of a social security number— ‘‘(1)(A) permitted, required, or excepted, expressly or by

implication, under section 205(c)(2), section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), section

6109(d) of the Internal Revenue Code of 1986, the Fair Credit

Reporting Act (15 U.S.C. 1681 et seq.), title V of the GrammLeach-Bliley Act (15 U.S.C. 6801 et seq.), or the Health Insurance Portability and Accountability Act of 1996 (Public Law

104–191; 110 Stat. 1936) or the amendments made by that

Act, or (B) in connection with an activity authorized under

or pursuant to section 4(k) of the Bank Holding Company

Act of 1956 (12 U.S.C. 1843(k)), whether or not such activity

is conducted by or subject to any limitations or requirements

applicable to a financial holding company; ‘‘(2) by a professional or commercial user who appropriately

uses the information in the normal course and scope of their

businesses for purposes of retrieval of other information, except

that the professional or commercial user may not display or

sell the number (or any identifiable derivative of the number)

to the general public; ‘‘(3) for purposes of law enforcement, including investigation

of fraud or as required under subchapter II of chapter 53

of title 31, United States Code, and chapter 2 of title I of

Public Law 91–508 (12 U.S.C. 1951-1959); or

‘‘(4) that may appear in a public record including, but

not limited to, proceedings or records of Federal or State courts.

114 STAT. 2762A–116 PUBLIC LAW 106–553—APPENDIX B

‘‘(e)(1) Any individual aggrieved by any act of any person in

violation of this section may bring a civil action in a United States

district court to recover—

‘‘(A) such preliminary and equitable relief as the court

determines to be appropriate; and

‘‘(B) the greater of—

‘‘(i) actual damages;

‘‘(ii) liquidated damages of $2,500; or

‘‘(iii) in the case of a violation that was willful and

resulted in profit or monetary gain, liquidated damages

of $10,000.

‘‘(2) In the case of a civil action brought under paragraph

(1)(B)(iii) in which the aggrieved individual has substantially prevailed, the court may assess against the respondent a reasonable

attorney’s fee and other litigation costs and expenses (including

expert fees) reasonably incurred.

‘‘(3) No action may be commenced under this subsection more

than 3 years after the date on which the violation was or should

reasonably have been discovered by the aggrieved individual.

‘‘(4) The remedy provided under this subsection shall be in

addition to any other lawful remedy available to the individual.

‘‘(f)(1) Any person who the Commissioner of Social Security

determines has violated this section shall be subject, in addition

to any other penalties that may be prescribed by law, to—

‘‘(A) a civil money penalty of not more than $5,000 for

each such violation; and

‘‘(B) a civil money penalty of not more than $50,000, if

violations have occurred with such frequency as to constitute

a general business practice.

‘‘(2) Any willful violation committed contemporaneously with

respect to the social security numbers of 2 or more individuals

by means of mail, telecommunication, or otherwise shall be treated

as a separate violation with respect to each such individual.

‘‘(3) The provisions of section 1128A (other than subsections

(a), (b), (f), (h), (i), (j), and (m), and the first sentence of subsection

(c)) and the provisions of subsections (d) and (e) of section 205

shall apply to civil money penalties under this subsection in the

same manner as such provisions apply to a penalty or proceeding

under section 1128A(a), except that, for purposes of this paragraph,

any reference in section 1128A to the Secretary shall be deemed

a reference to the Commissioner of Social Security.

‘‘(g) In this section, the term ‘display or sell to the general

public’ means the intentional placing of an individual’s social security number, or identifying portion thereof, in a viewable manner

on a web site that makes such information available to the general

public, or otherwise intentionally communicating an individual’s

social security number, or an identifying portion thereof, to the

general public.

‘‘(h) Nothing in this section shall be construed to limit the

use of social security numbers by the Federal Government for

governmental purposes, including any of the following purposes:

‘‘(1) National security.

‘‘(2) Law enforcement.

‘‘(3) Public health.

‘‘(4) Federal or federally-funded research conducted for the

purposes of advancing knowledge.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–117

‘‘(5) When such numbers are required to be submitted

as part of the process for applying for any type of government

benefit or program.’’.

(2) Section 208(a) of the Social Security Act (42 U.S.C. 408(a))

is amended—

(1) in paragraph (8), by inserting ‘‘or’’ after the semicolon;

and

(2) by inserting after paragraph (8), the following new

paragraphs:

‘‘(9) except as provided in section 1150A(d), knowingly and

willfully displays or sells to the general public (as defined

in section 1150A(g)) any individual’s social security number,

or any identifiable derivative of such number, without the

affirmatively expressed consent (as defined in section 1150A(c)),

electronically or in writing, of such individual; or

‘‘(10) obtains any individual’s social security number, or

any identifiable derivative of such number, for purposes of

locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for

illegal purposes;’’.

(3) The amendments made by this subsection apply with

respect to violations occurring on and after the date that is

2 years after the date of enactment of this Act.

(d)(1) The Comptroller General of the United States shall conduct a study of the feasibility and advisability of imposing additional

limitations or prohibitions on the use of social security numbers

in public records.

(2) Not later than 1 year after the date of enactment of this

section, the Comptroller General shall submit to Congress a report

on the study conducted under paragraph (1). The report shall

include a detailed description of the activities and results of the

study and such recommendations for legislative action as the

Comptroller General considers appropriate.

SEC. 636. The Cuyahoga Valley National Park shall not be

redesignated as a Class I area under title I, Part C of the Clean

Air Act, 42 U.S.C. sections 7470–7479.

TITLE VII—RESCISSIONS

DEPARTMENT OF JUSTICE

DRUG ENFORCEMENT ADMINISTRATION

DRUG DIVERSION CONTROL FEE ACCOUNT

(RESCISSION)

Amounts otherwise available for obligation in fiscal year 2001

for the Drug Diversion Control Fee Account are reduced by

$8,000,000.

114 STAT. 2762A–118 PUBLIC LAW 106–553—APPENDIX B

RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(RESCISSION)

Of the funds provided under this heading in Public Law 104– 208, $7,644,000 are rescinded.

TITLE VIII—DEBT REDUCTION AND OTHER MATTER

DEPARTMENT OF THE TREASURY

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

For deposit on November 1, 2000, of an additional amount

into the account established under section 3113(d) of title 31, United

States Code, to reduce the public debt, the amount equal to the

difference between $240,088,000,000 and the aggregate amount

deposited into this account in other appropriation Acts for fiscal

year 2001 enacted before such date.

GENERAL PROVISION

SEC. 801. Beginning on the first day of the 107th Congress,

the Presiding officer of the Senate shall apply all of the precedents

of the Senate under Rule XXVIII in effect at the conclusion of

the 103rd Congress. Further that there is now in effect a Standing

order of the Senate that the reading of conference reports, are

no longer required, if the said conference report is available in

the Senate.

TITLE IX—WILDLIFE, OCEAN AND COASTAL

CONSERVATION

SEC. 901. WILDLIFE CONSERVATION AND RESTORATION PLANNING.

For expenses necessary to support activities that supplement,

but not replace, existing funding available to the States and territories from the sport fish restoration account and wildlife restoration

account and shall be used for the development, revision, and

implementation of wildlife conservation and restoration plans and

programs, $50,000,000, to remain available until expended: Provided, That these funds may be used by a State, territory or

an Indian Tribe for the planning and implementation of its wildlife

conservation and restoration program and wildlife conservation

strategy, including wildlife conservation, wildlife conservation education, and wildlife-associated recreation projects: Provided further,

That the Secretary, after deducting administrative expenses shall

make the following apportionment from the Wildlife Conservation

and Restoration Account: (A) to the District of Columbia and to

the Commonwealth of Puerto Rico, each a sum equal to not more

than one-half of 1 percent thereof; (B) to Guam, American Samoa,

the Virgin Islands, and the Commonwealth of the Northern Mariana

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–119

Islands, each a sum equal to not more than one-fourth of 1 percent

thereof: Provided further, That the Secretary shall apportion the

remaining amount in the Wildlife Conservation and Restoration

Account for each year among the States in the following manner:

(A) one-third of which is based on the ratio to which the land

area of such State bears to the total land area of all such States;

and, (B) two-thirds of which is based on the ratio to which the

population of such State bears to the total population of all such

States: Provided further, That the amounts apportioned under this

paragraph shall be adjusted equitably so that no State shall be

apportioned a sum which is less than 1 percent of the amount

available for apportionment under this paragraph for any fiscal

year or more than 5 percent of such amount: Provided further,

That no State, territory or other jurisdiction shall receive a grant

unless it has certified to the Service that it has in place, or has

agreed to develop by a mutually agreed date certain, a wildlife

conservation strategy and plan.

SEC. 902. WILDLIFE CONSERVATION AND RESTORATION.

(a) PURPOSES.—The purposes of this section are—

(1) to extend financial and technical assistance to the States

under the Federal Aid to Wildlife Restoration Act for the benefit

of a diverse array of wildlife and associated habitats, including

species that are not hunted or fished, to fulfill unmet needs

of wildlife within the States in recognition of the primary

role of the States to conserve all wildlife;

(2) to assure sound conservation policies through the

development, revision, and implementation of a comprehensive

wildlife conservation and restoration plan;

(3) to encourage State fish and wildlife agencies to participate with the Federal Government, other State agencies, wildlife conservation organizations and outdoor recreation and conservation interests through cooperative planning and

implementation of this title; and

(4) to encourage State fish and wildlife agencies to provide

for public involvement in the process of development and

implementation of a wildlife conservation and restoration program.

(b) REFERENCE TO LAW.—In this section, the term ‘‘Federal

Aid in Wildlife Restoration Act’’ means the Act of September 2,

1937 (16 U.S.C. 669 et seq.), commonly referred to as the Federal

Aid in Wildlife Restoration Act or the Pittman-Robertson Act.

(c) DEFINITIONS.—Section 2 of the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669a) is amended to read as follows:

‘‘SEC. 2. DEFINITIONS.

‘‘As used in this Act—

‘‘(1) the term ‘conservation’ means the use of methods and

procedures necessary or desirable to sustain healthy populations of wildlife, including all activities associated with scientific resources management such as research, census, monitoring of populations, acquisition, improvement and management of habitat, live trapping and transplantation, wildlife

damage management, and periodic or total protection of a species or population, as well as the taking of individuals within

wildlife stock or population if permitted by applicable State

and Federal law;

114 STAT. 2762A–120 PUBLIC LAW 106–553—APPENDIX B

‘‘(2) the term ‘Secretary’ means the Secretary of the

Interior; ‘‘(3) the term ‘State fish and game department’ or ‘State

fish and wildlife department’ means any department or division

of department of another name, or commission, or official or

officials, of a State empowered under its laws to exercise the

functions ordinarily exercised by a State fish and game department or State fish and wildlife department.

‘‘(4) the term ‘wildlife’ means any species of wild, freeranging fauna including fish, and also fauna in captive breeding

programs the object of which is to reintroduce individuals of

a depleted indigenous species into previously occupied range;

‘‘(5) the term ‘wildlife-associated recreation’ means projects

intended to meet the demand for outdoor activities associated

with wildlife including, but not limited to, hunting and fishing,

wildlife observation and photography, such projects as construction or restoration of wildlife viewing areas, observation towers,

blinds, platforms, land and water trails, water access, field

trialing, trail heads, and access for such projects;

‘‘(6) the term ‘wildlife conservation and restoration program’

means a program developed by a State fish and wildlife department and approved by the Secretary under section 304(d),

the projects that constitute such a program, which may be

implemented in whole or part through grants and contracts

by a State to other State, Federal, or local agencies (including

those that gather, evaluate, and disseminate information on

wildlife and their habitats), wildlife conservation organizations,

and outdoor recreation and conservation education entities from

funds apportioned under this title, and maintenance of such

projects;

‘‘(7) the term ‘wildlife conservation education’ means

projects, including public outreach, intended to foster responsible natural resource stewardship; and

‘‘(8) the term ‘wildlife-restoration project’ includes the wildlife conservation and restoration program and means the selection, restoration, rehabilitation, and improvement of areas of

land or water adaptable as feeding, resting, or breeding places

for wildlife, including acquisition of such areas or estates or

interests therein as are suitable or capable of being made

suitable therefor, and the construction thereon or therein of

such works as may be necessary to make them available for

such purposes and also including such research into problems

of wildlife management as may be necessary to efficient

administration affecting wildlife resources, and such preliminary or incidental costs and expenses as may be incurred

in and about such projects.’’.

(d) WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.—Section 3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C.

669b) is amended—

(1) in subsection (a) by inserting ‘‘(1)’’ after ‘‘(a)’’, and by

adding at the end the following: ‘‘(2) There is established in the Federal aid to wildlife

restoration fund a subaccount to be known as the ‘Wildlife

Conservation and Restoration Account’. There are authorized

to be appropriated for the purposes of the Wildlife Conservation

and Restoration Account $50,000,000 in fiscal year 2001 for

apportionment in accordance with this Act to carry out State

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–121

wildlife conservation and restoration programs. Further,

interest on amounts transferred shall be treated in a manner

consistent with 16 U.S.C. 669(b)(1)).’’; and

(2) by adding at the end the following:

‘‘(c)(1) Amounts transferred to the Wildlife Conservation and

Restoration Account shall supplement, but not replace, existing

funds available to the States from the sport fish restoration account

and wildlife restoration account and shall be used for the development, revision, and implementation of wildlife conservation and

restoration programs and should be used to address the unmet

needs for a diverse array of wildlife and associated habitats, including species that are not hunted or fished, for wildlife conservation,

wildlife conservation education, and wildlife-associated recreation

projects. Such funds may be used for new programs and projects

as well as to enhance existing programs and projects.

‘‘(2) Funds may be used by a State or an Indian tribe for

the planning and implementation of its wildlife conservation and

restoration program and wildlife conservation strategy, as provided

in sections 4(d) and (e) of this Act, including wildlife conservation,

wildlife conservation education, and wildlife-associated recreation

projects. Such funds may be used for new programs and projects

as well as to enhance existing programs and projects.

‘‘(3) Priority for funding from the Wildlife Conservation and

Restoration Account shall be for those species with the greatest

conservation need as defined by the State wildlife conservation

and restoration program.

‘‘(d) Notwithstanding subsections (a) and (b) of this section,

with respect to amounts transferred to the Wildlife Conservation

and Restoration Account, so much of such amounts apportioned

to any State for any fiscal year as remains unexpended at the

close thereof shall remain available for obligation in that State

until the close of the second succeeding fiscal year.’’.

(e) APPORTIONMENTS OF AMOUNTS.—Section 4 of the Federal

Aid in Wildlife Restoration Act (16 U.S.C. 669c) is amended by

adding at the end the following new subsection:

‘‘(c) APPORTIONMENT OF WILDLIFE CONSERVATION AND RESTORATION ACCOUNT.—

‘‘(1) The Secretary of the Interior shall make the following

apportionment from the Wildlife Conservation and Restoration

Account:

‘‘(A) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more

than one-half of 1 percent thereof.

‘‘(B) to Guam, American Samoa, the Virgin Islands,

and the Commonwealth of the Northern Mariana Islands,

each a sum equal to not more than one-fourth of 1 percent

thereof.

‘‘(2)(A) The Secretary of the Interior, after making the

apportionment under paragraph (1), shall apportion the remaining amount in the Wildlife Conservation and Restoration

Account for each fiscal year among the States in the following

manner:

‘‘(i) one-third of which is based on the ratio to which

the land area of such State bears to the total land area

of all such States; and

114 STAT. 2762A–122 PUBLIC LAW 106–553—APPENDIX B

‘‘(ii) two-thirds of which is based on the ratio to which

the population of such State bears to the total population

of all such States.

‘‘(B) The amounts apportioned under this paragraph shall

be adjusted equitably so that no such State shall be apportioned

a sum which is less than one percent of the amount available

for apportionment under this paragraph for any fiscal year

or more than five percent of such amount.

‘‘(3) Of the amounts transferred to the Wildlife Conservation and Restoration Account, not to exceed 3 percent shall

be available for any Federal expenses incurred in the administration and execution of programs carried out with such

amounts.

‘‘(d) WILDLIFE CONSERVATION AND RESTORATION PROGRAMS.— ‘‘(1) Any State, through its fish and wildlife department,

may apply to the Secretary of the Interior for approval of

a wildlife conservation and restoration program, or for funds

from the Wildlife Conservation and Restoration Account, to

develop a program. To apply, a State shall submit a comprehensive plan that includes— ‘‘(A) provisions vesting in the fish and wildlife department of the State overall responsibility and accountability

for the program; ‘‘(B) provisions for the development and implementation of—‘‘(i) wildlife conservation projects that expand and

support existing wildlife programs, giving appropriate

consideration to all wildlife;

‘‘(ii) wildlife-associated recreation projects; and

‘‘(iii) wildlife conservation education projects

pursuant to programs under section 8(a); and

‘‘(C) provisions to ensure public participation in the

development, revision, and implementation of projects and

programs required under this paragraph.

‘‘(D) WILDLIFE CONSERVATION STRATEGY.—Within five

years of the date of the initial apportionment, develop

and begin implementation of a wildlife conservation strategy based upon the best available and appropriate scientific

information and data that—

‘‘(i) uses such information on the distribution and

abundance of species of wildlife, including low population and declining species as the State fish and wildlife department deems appropriate, that are indicative

of the diversity and health of wildlife of the State;

‘‘(ii) identifies the extent and condition of wildlife

habitats and community types essential to conservation

of species identified under paragraph (1);

‘‘(iii) identifies the problems which may adversely

affect the species identified under paragraph (1) or

their habitats, and provides for priority research and

surveys to identify factors which may assist in restoration and more effective conservation of such species

and their habitats;

‘‘(iv) determines those actions which should be

taken to conserve the species identified under paragraph (1) and their habitats and establishes priorities

for implementing such conservation actions;

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–123

‘‘(v) provides for periodic monitoring of species

identified under paragraph (1) and their habitats and

the effectiveness of the conservation actions determined under paragraph (4), and for adapting conservation actions as appropriate to respond to new information or changing conditions;

‘‘(vi) provides for the review of the State wildlife

conservation strategy and, if appropriate, revision at

intervals of not more than ten years;

‘‘(vii) provides for coordination to the extent feasible the State fish and wildlife department, during

the development, implementation, review, and revision

of the wildlife conservation strategy, with Federal,

State, and local agencies and Indian tribes that manage significant areas of land or water within the State,

or administer programs that significantly affect the

conservation of species identified under paragraph (1)

or their habitats.

‘‘(2) A State shall provide an opportunity for public participation in the development of the comprehensive plan required

under paragraph (1).

‘‘(3) If the Secretary finds that the comprehensive plan

submitted by a State complies with paragraph (1), the Secretary

shall approve the wildlife conservation and restoration program

of the State and set aside from the apportionment to the

State made pursuant to subsection (c) an amount that shall

not exceed 75 percent of the estimated cost of developing and

implementing the program.

‘‘(4)(A) Except as provided in subparagraph (B), after the

Secretary approves a State’s wildlife conservation and restoration program, the Secretary may make payments on a project

that is a segment of the State’s wildlife conservation and restoration program as the project progresses. Such payments,

including previous payments on the project, if any, shall not

be more than the United States pro rata share of such project.

The Secretary, under such regulations as he may prescribe,

may advance funds representing the United States pro rata

share of a project that is a segment of a wildlife conservation

and restoration program, including funds to develop such program.

‘‘(B) Not more than 10 percent of the amounts apportioned

to each State under this section for a State’s wildlife conservation and restoration program may be used for wildlife-associated

recreation.

‘‘(5) For purposes of this subsection, the term ‘State’ shall

include the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.’’.

(f) FACA.—Coordination with State fish and wildlife agency

personnel or with personnel of other State agencies pursuant to

the Federal Aid in Wildlife Restoration Act or the Federal Aid

in Sport Fish Restoration Act shall not be subject to the Federal

Advisory Committee Act (5 U.S.C. App.). Except for the preceding

sentence, the provisions of this title relate solely to wildlife conservation and restoration programs and shall not be construed

to affect the provisions of the Federal Aid in Wildlife Restoration

Act relating to wildlife restoration projects or the provisions of

114 STAT. 2762A–124 PUBLIC LAW 106–553—APPENDIX B

the Federal Aid in Sport Fish Restoration Act relating to fish

restoration and management projects.

(g) EDUCATION.—Section 8(a) of the Federal Aid in Wildlife

Restoration Act (16 U.S.C. 669g(a)) is amended by adding the

following at the end thereof: ‘‘Funds from the Wildlife Conservation

and Restoration Account may be used for a wildlife conservation

education program, except that no such funds may be used for

education efforts, projects, or programs that promote or encourage

opposition to the regulated taking of wildlife.’’. (h) PROHIBITION AGAINST DIVERSION.—No designated State

agency shall be eligible to receive matching funds under this title

if sources of revenue available to it after January 1, 2000, for

conservation of wildlife are diverted for any purpose other than

the administration of the designated State agency, it being the

intention of Congress that funds available to States under this

title be added to revenues from existing State sources and not

serve as a substitute for revenues from such sources. Such revenues

shall include interest, dividends, or other income earned on the

foregoing.

(i) NORTH AMERICAN WETLANDS CONSERVATION ACT.—Section

7(c) of the North American Wetlands Conservation Act (16 U.S.C.

4406(c)) is amended by striking ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’.

SEC. 903. COASTAL IMPACT ASSISTANCE.

The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et

seq.) is amended by adding at the end the following:

‘‘SEC. 31. COASTAL IMPACT ASSISTANCE.

‘‘(a) IN GENERAL.—Nothing in this section shall be construed

as a permanent authorization. ‘‘(b) DEFINITIONS.—When used in this section: ‘‘(1) The term ‘coastal political subdivision’ means a county,

parish, or any equivalent subdivision of a Producing Coastal

State all or part of which subdivision lies within the coastal

zone (as defined in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1)). ‘‘(2) The term ‘coastal population’ means the population

of all political subdivisions, as determined by the most recent

official data of the Census Bureau, contained in whole or in

part within the designated coastal boundary of a State as

defined in a State’s coastal zone management program under

the Coastal Zone Management Act (16 U.S.C. 1451 et seq.). ‘‘(3) The term ‘Coastal State’ has the same meaning as

provided by subsection 304(4) of the Coastal Zone Management

Act (16 U.S.C. 1453(4)). ‘‘(4) The term ‘coastline’ has the same meaning as the

term ‘coast line’ as defined in subsection 2(c) of the Submerged

Lands Act (43 U.S.C. 1301(c)).

‘‘(5) The term ‘distance’ means minimum great circle distance, measured in statute miles.

‘‘(6) The term ‘leased tract’ means a tract maintained under

section 6 or leased under section 8 for the purpose of drilling

for, developing, and producing oil and natural gas resources.

‘‘(7) The term ‘Producing Coastal State’ means a Coastal

State with a coastal seaward boundary within 200 miles from

the geographic center of a leased tract other than a leased

tract within any area of the Outer Continental Shelf where

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–125

a moratorium on new leasing was in effect as of January

1, 2000, unless the lease was issued prior to the establishment

of the moratorium and was in production on January 1, 2000. ‘‘(8) The term ‘qualified Outer Continental Shelf revenues’

means all amounts received by the United States from each

leased tract or portion of a leased tract lying seaward of the

zone defined and governed by section 8(g) of this Act, or lying

within such zone but to which section 8(g) does not apply,

the geographic center of which lies within a distance of 200

miles from any part of the coastline of any Coastal State,

including bonus bids, rents, royalties (including payments for

royalties taken in kind and sold), net profit share payments,

and related late payment interest. Such term does not include

any revenues from a leased tract or portion of a leased tract

that is included within any area of the Outer Continental

Shelf where a moratorium on new leasing was in effect as

of January 1, 2000, unless the lease was issued prior to the

establishment of the moratorium and was in production on

January 1, 2000.

‘‘(9) The term ‘Secretary’ means the Secretary of Commerce.

‘‘(c) AUTHORIZATION.—For fiscal year 2001, $150,000,000 is

authorized to be appropriated for the purposes of this section.

‘‘(d) IMPACT ASSISTANCE PAYMENTS TO STATES AND POLITICAL

SUBDIVISIONS.—The Secretary shall make payments from the

amounts available under this section to Producing Coastal States

with an approved Coastal Impact Assistance Plan, and to coastal

political subdivisions as follows:

‘‘(1) ALLOCATIONS TO PRODUCING COASTAL STATES.—In each

fiscal year, each Producing Coastal State’s allocable share shall

be equal to the sum of the following:

‘‘(A) 60 percent of the amounts appropriated shall be

equally divided among all Producing Coastal States;

‘‘(B) 40 percent of the amounts appropriated for the

purposes of this section shall be divided among Producing

Coastal States based on Outer Continental Shelf production, except that of such amounts no Producing Coastal

State may receive more than 25 percent in any fiscal year.

‘‘(2) CALCULATION.—The amount for each Producing Coastal

State under paragraph (1)(B) shall be calculated based on the

ratio of qualified OCS revenues generated off the coastline

of the Producing Coastal State to the qualified OCS revenues

generated off the coastlines of all Producing Coastal States

for the period beginning on January 1, 1995 and ending on

December 31, 2000. Where there is more than one Producing

Coastal State within 200 miles of a leased tract, the amount

of each Producing Coastal State’s payment under paragraph

(1)(B) for such leased tract shall be inversely proportional to

the distance between the nearest point on the coastline of

such State and the geographic center of each leased tract or

portion of the leased tract (to the nearest whole mile) that

is within 200 miles of that coastline, as determined by the

Secretary. A leased tract or portion of a leased tract shall

be excluded if the tract or portion is located in a geographic

area where a moratorium on new leasing was in effect on

January 1, 2000, unless the lease was issued prior to the

establishment of the moratorium and was in production on

January 1, 2000.

114 STAT. 2762A–126 PUBLIC LAW 106–553—APPENDIX B

‘‘(3) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS.—

Thirty-five percent of each Producing Coastal State’s allocable

share as determined under paragraph (1) shall be paid directly

to the coastal political subdivisions by the Secretary based

on the following formula, except that a coastal political subdivision in the State of California that has a coastal shoreline,

that is not within 200 miles of the geographic center of a

leased tract or portion of a leased tract, and in which there

is located one or more oil refineries shall be eligible for that

portion of the allocation described in paragraph (C) in the

same manner as if that political subdivision were located within

a distance of 50 miles from the geographic center of the closest

leased tract with qualified Outer Continental Shelf revenues:

‘‘(A) Twenty-five percent shall be allocated based on

the ratio of such coastal political subdivision’s coastal population to the coastal population of all coastal political subdivisions in the Producing Coastal State.

‘‘(B) Twenty-five percent shall be allocated based on

the ratio of such coastal political subdivision’s coastline

miles to the coastline miles of all coastal political subdivisions in the Producing Coastal State.

‘‘(C) Fifty percent shall be allocated based on the relative distance of such coastal political subdivision from

any leased tract used to calculate that Producing Coastal

State’s allocation using ratios that are inversely proportional to the distance between the point in the coastal

political subdivision closest to the geographic center of

each leased tract or portion, as determined by the Secretary. For purposes of the calculations under this subparagraph, a leased tract or portion of a leased tract shall

be excluded if the leased tract or portion is located in

a geographic area where a moratorium on new leasing

was in effect on January 1, 2000, unless the lease was

issued prior to the establishment of the moratorium and

was in production on January 1, 2000.

‘‘(4) FAILURE TO HAVE PLAN APPROVED.—Any amount allocated to a Producing Coastal State or coastal political subdivision but not disbursed because of a failure to have an approved

Coastal Impact Assistance Plan under this section shall be

allocated equally by the Secretary among all other Producing

Coastal States in a manner consistent with this subsection

except that the Secretary shall hold in escrow such amount

until the final resolution of any appeal regarding the disapproval of a plan submitted under this section. The Secretary

may waive the provisions of this paragraph and hold a Producing Coastal State’s allocable share in escrow if the Secretary

determines that such State is making a good faith effort to

develop and submit, or update, a Coastal Impact Assistance

Plan.

‘‘(e) COASTAL IMPACT ASSISTANCE PLAN.—

‘‘(1) DEVELOPMENT AND SUBMISSION OF STATE PLANS.—The

Governor of each Producing Coastal State shall prepare, and

submit to the Secretary, a Coastal Impact Assistance Plan.

The Governor shall solicit local input and shall provide for

public participation in the development of the plan. The plan

shall be submitted to the Secretary by July 1, 2001. Amounts

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–127

received by Producing Coastal States and coastal political subdivisions may be used only for the purposes specified in the

Producing Coastal State’s Coastal Impact Assistance Plan. ‘‘(2) APPROVAL.—The Secretary shall approve a plan under

paragraph (1) prior to disbursement of amounts under this

section. The Secretary shall approve the plan if the Secretary

determines that the plan is consistent with the uses set forth

in subsection (f) and if the plan contains each of the following: ‘‘(A) The name of the State agency that will have

the authority to represent and act for the State in dealing

with the Secretary for purposes of this section. ‘‘(B) A program for the implementation of the plan

which describes how the amounts provided under this section will be used. ‘‘(C) A contact for each political subdivision and description of how coastal political subdivisions will use amounts

provided under this section, including a certification by

the Governor that such uses are consistent with the

requirements of this section. ‘‘(D) Certification by the Governor that ample opportunity has been accorded for public participation in the

development and revision of the plan. ‘‘(E) Measures for taking into account other relevant

Federal resources and programs.

‘‘(3) PROCEDURE.—The Secretary shall approve or disapprove each plan or amendment within 90 days of its submission.

‘‘(4) AMENDMENT.—Any amendment to the plan shall be

prepared in accordance with the requirements of this subsection

and shall be submitted to the Secretary for approval or disapproval.

‘‘(f) AUTHORIZED USES.—Producing Coastal States and coastal

political subdivisions shall use amounts provided under this section,

including any such amounts deposited in a State or coastal political

subdivision administered trust fund dedicated to uses consistent

with this subsection, in compliance with Federal and State law

and only for one or more of the following purposes:

‘‘(1) uses set forth in new section 32(c)(4) of the Outer

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) proposed

by the amendment to H.R. 701 of the 106th Congress as

reported by the Senate Committee on Energy and Natural

Resources;

‘‘(2) projects and activities for the conservation, protection

or restoration of wetlands;

‘‘(3) mitigating damage to fish, wildlife or natural resources,

including such activities authorized under subtitle B of title

IV of the Oil Pollution Act of 1990 (33 U.S.C. 1321(c), (d));

‘‘(4) planning assistance and administrative costs of complying with the provisions of this section;

‘‘(5) implementation of Federally approved marine, coastal,

or comprehensive conservation management plans; and

‘‘(6) mitigating impacts of Outer Continental Shelf activities

through funding of: (A) onshore infrastructure projects; and

(B) other public service needs intended to mitigate the environmental effects of Outer Continental Shelf activities: Provided,

That funds made available under this paragraph shall not

exceed 23 percent of the funds provided under this section.

114 STAT. 2762A–128 PUBLIC LAW 106–553—APPENDIX B

‘‘(g) COMPLIANCE WITH AUTHORIZED USES.—If the Secretary

determines that any expenditure made by a Producing Coastal

State or coastal political subdivision is not consistent with the

uses authorized in subsection (f), the Secretary shall not disburse

any further amounts under this section to that Producing Coastal

State or coastal political subdivision until the amounts used for

the inconsistent expenditure have been repaid or obligated for

authorized uses.’’.

TITLE X—LOCAL TV ACT

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Launching Our Communities’ Access to Local Television Act of 2000’’.

SEC. 1002. PURPOSE.

The purpose of this Act is to facilitate access, on a technologically neutral basis and by December 31, 2006, to signals of

local television stations for households located in nonserved areas

and underserved areas.

SEC. 1003. LOCAL TELEVISION LOAN GUARANTEE BOARD.

(a) ESTABLISHMENT.—There is established the LOCAL Television Loan Guarantee Board (in this Act referred to as the ‘‘Board’’).

(b) MEMBERS.—

(1) IN GENERAL.—Subject to paragraph (2), the Board shall

consist of the following members:

(A) The Secretary of the Treasury, or the designee

of the Secretary.

(B) The Chairman of the Board of Governors of the

Federal Reserve System, or the designee of the Chairman.

(C) The Secretary of Agriculture, or the designee of

the Secretary.

(D) The Secretary of Commerce, or the designee of

the Secretary.

(2) REQUIREMENT AS TO DESIGNEES.—An individual may

not be designated a member of the Board under paragraph

(1) unless the individual is an officer of the United States

pursuant to an appointment by the President, by and with

the advice and consent of the Senate.

(c) FUNCTIONS OF THE BOARD.—

(1) IN GENERAL.—The Board shall determine whether or

not to approve loan guarantees under this Act. The Board

shall make such determinations consistent with the purpose

of this Act and in accordance with this subsection and section

4.

(2) CONSULTATION AUTHORIZED.—

(A) IN GENERAL.—In carrying out its functions under

this Act, the Board shall consult with such departments

and agencies of the Federal Government as the Board

considers appropriate, including the Department of Commerce, the Department of Agriculture, the Department of

the Treasury, the Department of Justice, the Department

of the Interior, the Board of Governors of the Federal

Reserve System, the Federal Communications Commission,

the Federal Trade Commission, and the National Aeronautics and Space Administration.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–129

(B) RESPONSE.—A department or agency consulted by

the Board under subparagraph (A) shall provide the Board

such expertise and assistance as the Board requires to

carry out its functions under this Act.

(3) APPROVAL BY MAJORITY VOTE.—The determination of

the Board to approve a loan guarantee under this Act shall

be by an affirmative vote of not less than 3 members of the

Board.

SEC. 1004. APPROVAL OF LOAN GUARANTEES.

(a) AUTHORITY TO APPROVE LOAN GUARANTEES.—Subject to

the provisions of this section and consistent with the purpose of

this Act, the Board may approve loan guarantees under this Act.

(b) REGULATIONS.—

(1) REQUIREMENTS.—The Administrator (as defined in section 5), under the direction of and for approval by the Board,

shall prescribe regulations to implement the provisions of this

Act and shall do so not later than 120 days after funds authorized to be appropriated under section 11 have been appropriated

in a bill signed into law.

(2) ELEMENTS.—The regulations prescribed under paragraph (1) shall—

(A) set forth the form of any application to be submitted

to the Board under this Act;

(B) set forth time periods for the review and consideration by the Board of applications to be submitted to the

Board under this Act, and for any other action to be taken

by the Board with respect to such applications;

(C) provide appropriate safeguards against the evasion

of the provisions of this Act;

(D) set forth the circumstances in which an applicant,

together with any affiliate of an applicant, shall be treated

as an applicant for a loan guarantee under this Act;

(E) include requirements that appropriate parties submit to the Board any documents and assurances that are

required for the administration of the provisions of this

Act; and

(F) include such other provisions consistent with the

purpose of this Act as the Board considers appropriate.

(3) CONSTRUCTION.—(A) Nothing in this Act shall be construed to prohibit the Board from requiring, to the extent

and under circumstances considered appropriate by the Board,

that affiliates of an applicant be subject to certain obligations

of the applicant as a condition to the approval or maintenance

of a loan guarantee under this Act.

(B) If any provision of this Act or the application of such

provision to any person or entity or circumstance is held to

be invalid by a court of competent jurisdiction, the remainder

of this Act, or the application of such provision to such person

or entity or circumstance other than those as to which it is

held invalid, shall not be affected thereby.

(c) AUTHORITY LIMITED BY APPROPRIATIONS ACTS.—The Board

may approve loan guarantees under this Act only to the extent

provided for in advance in appropriations Acts, and the Board

may accept credit risk premiums from a non-Federal source in

order to cover the cost of a loan guarantee under this Act, to

114 STAT. 2762A–130 PUBLIC LAW 106–553—APPENDIX B

the extent that appropriations of budget authority are insufficient

to cover such costs.

(d) REQUIREMENTS AND CRITERIA APPLICABLE TO APPROVAL.—

(1) IN GENERAL.—The Board shall utilize the underwriting

criteria developed under subsection (g), and any relevant

information provided by the departments and agencies with

which the Board consults under section 3, to determine which

loans may be eligible for a loan guarantee under this Act.

(2) PREREQUISITES.—In addition to meeting the underwriting criteria under paragraph (1), a loan may not be guaranteed

under this Act unless— (A) the loan is made to finance the acquisition,

improvement, enhancement, construction, deployment,

launch, or rehabilitation of the means by which local television broadcast signals will be delivered to a nonserved

area or underserved area;

(B) the proceeds of the loan will not be used for operating, advertising, or promotion expenses, or for the acquisition of licenses for the use of spectrum in any competitive

bidding under section 309(j) of the Communications Act

of 1934 (47 U.S.C. 309(j));

(C) the proposed project, as determined by the Board

in consultation with the National Telecommunications and

Information Administration, is not likely to have a substantial adverse impact on competition that outweighs the benefits of improving access to the signals of a local television

station in a nonserved area or underserved area and is

commercially viable;

(D)(i) the loan—

(I) is provided by any entity engaged in the business of commercial lending—

(aa) if the loan is made in accordance with

loan-to-one-borrower and affiliate transaction

restrictions to which the entity is subject under

applicable law; or

(bb) if item (aa) does not apply, the loan is

made only to a borrower that is not an affiliate

of the entity and only if the amount of the loan

and all outstanding loans by that entity to that

borrower and any of its affiliates does not exceed

10 percent of the net equity of the entity; or

(II) is provided by a nonprofit corporation, including the National Rural Utilities Cooperative Finance

Corporation, engaged primarily in commercial lending,

if the Board determines that such nonprofit corporation

has one or more issues of outstanding long-term debt

that is rated within the highest 3 rating categories

of a nationally recognized statistical rating organization;

(ii) if the loan is provided by a lender described in

clause (i)(II) and the Board determines that the making

of the loan by such lender will cause a decline in such

lender’s debt rating as described in that clause, the Board

at its discretion may disapprove the loan guarantee on

this basis;

(iii) no loan may be made for purposes of this Act

by a governmental entity or affiliate thereof, or by the

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–131

Federal Agricultural Mortgage Corporation, or any institution supervised by the Office of Federal Housing Enterprise

Oversight, the Federal Housing Finance Board, or any

affiliate of such entities;

(iv) any loan must have terms, in the judgment of

the Board, that are consistent in material respects with

the terms of similar obligations in the private capital market;

(v) for purposes of clause (i)(I)(bb), the term ‘‘net

equity’’ means the value of the total assets of the entity,

less the total liabilities of the entity, as recorded under

generally accepted accounting principles for the fiscal quarter ended immediately prior to the date on which the

subject loan is approved;

(E) repayment of the loan is required to be made

within a term of the lesser of—

(i) 25 years from the date of the execution of the

loan; or

(ii) the economically useful life, as determined by

the Board or in consultation with persons or entities

deemed appropriate by the Board, of the primary assets

to be used in the delivery of the signals concerned;

and

(F) the loan meets any additional criteria developed

under subsection (g).

(3) PROTECTION OF UNITED STATES FINANCIAL INTERESTS.—

The Board may not approve the guarantee of a loan under

this Act unless—

(A) the Board has been given documentation, assurances, and access to information, persons, and entities necessary, as determined by the Board, to address issues relevant to the review of the loan by the Board for purposes

of this Act; and

(B) the Board makes a determination in writing that—

(i) to the best of its knowledge upon due inquiry,

the assets, facilities, or equipment covered by the loan

will be utilized economically and efficiently;

(ii) the terms, conditions, security, and schedule

and amount of repayments of principal and the payment of interest with respect to the loan protect the

financial interests of the United States and are reasonable;

(iii) the value of collateral provided by an applicant

is at least equal to the unpaid balance of the loan

amount covered by the loan guarantee (the ‘‘Amount’’

for purposes of this clause); and if the value of collateral provided by an applicant is less than the Amount,

the additional required collateral is provided by any

affiliate of the applicant;

(iv) all necessary and required regulatory and

other approvals, spectrum licenses, and delivery

permissions have been received for the loan and the

project under the loan;

(v) the loan would not be available on reasonable

terms and conditions without a loan guarantee under

this Act; and

114 STAT. 2762A–132 PUBLIC LAW 106–553—APPENDIX B

(vi) repayment of the loan can reasonably be

expected.

(e) CONSIDERATIONS.—

(1) TYPE OF MARKET.— (A) PRIORITY CONSIDERATIONS.—To the maximum

extent practicable, the Board shall give priority in the

approval of loan guarantees under this Act in the following

order:

(i) First, to projects that will serve households

in nonserved areas. In considering such projects, the

Board shall balance projects that will serve the largest

number of households with projects that will serve

remote, isolated communities (including noncontiguous

States) in areas that are unlikely to be served through

market mechanisms.

(ii) Second, to projects that will serve households

in underserved areas. In considering such projects, the

Board shall balance projects that will serve the largest

number of households with projects that will serve

remote, isolated communities (including noncontiguous

States) in areas that are unlikely to be served through

market mechanisms.

Within each category, the Board shall consider the project’s

estimated cost per household and shall give priority to

those projects that provide the highest quality service at

the lowest cost per household.

(B) ADDITIONAL CONSIDERATION.—The Board should

give additional consideration to projects that also provide

high-speed Internet service.

(C) PROHIBITIONS.—The Board may not approve a loan

guarantee under this Act for a project that—

(i) is designed primarily to serve 1 or more of

the top 40 designated market areas (as that term is

defined in section 122(j) of title 17, United States

Code); or

(ii) would alter or remove National Weather Service warnings from local broadcast signals.

(2) OTHER CONSIDERATIONS.—The Board shall consider

other factors, which shall include projects that would—

(A) offer a separate tier of local broadcast signals,

but for applicable Federal, State, or local laws or regulations;

(B) provide lower projected costs to consumers of such

separate tier; and

(C) enable the delivery of local broadcast signals

consistent with the purpose of this Act by a means reasonably compatible with existing systems or devices predominantly in use.

(3) FURTHER CONSIDERATION.—In implementing this Act,

the Board shall support the use of loan guarantees for projects

that would serve households not likely to be served in the

absence of loan guarantees under this Act.

(f) GUARANTEE LIMITS.—

(1) LIMITATION ON AGGREGATE VALUE OF LOANS.—The

aggregate value of all loans for which loan guarantees are

issued under this Act (including the unguaranteed portion of

such loans) may not exceed $1,250,000,000.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–133

(2) GUARANTEE LEVEL.—A loan guarantee issued under

this Act may not exceed an amount equal to 80 percent of

a loan meeting in its entirety the requirements of subsection

(d)(2)(A). If only a portion of a loan meets the requirements

of that subsection, the Board shall determine that percentage

of the loan meeting such requirements (the ‘‘applicable portion’’)

and may issue a loan guarantee in an amount not exceeding

80 percent of the applicable portion.

(g) UNDERWRITING CRITERIA.—Within the period provided for

under subsection (b)(1), the Board shall, in consultation with the

Director of the Office of Management and Budget and an independent public accounting firm, develop underwriting criteria relating

to the guarantee of loans that are consistent with the purpose

of this Act, including appropriate collateral and cash flow levels

for loans guaranteed under this Act, and such other matters as

the Board considers appropriate.

(h) CREDIT RISK PREMIUMS.—

(1) ESTABLISHMENT AND ACCEPTANCE.—

(A) IN GENERAL.—The Board may establish and

approve the acceptance of credit risk premiums with respect

to a loan guarantee under this Act in order to cover the

cost, as defined in section 502(5) of the Federal Credit

Reform Act of 1990, of the loan guarantee. To the extent

that appropriations of budget authority are insufficient

to cover the cost, as so determined, of a loan guarantee

under this Act, credit risk premiums shall be accepted

from a non-Federal source under this subsection on behalf

of the applicant for the loan guarantee.

(B) AUTHORITY LIMITED BY APPROPRIATIONS ACTS.—

Credit risk premiums under this subsection shall be

imposed only to the extent provided for in advance in

appropriations Acts.

(2) CREDIT RISK PREMIUM AMOUNT.—

(A) IN GENERAL.—The Board shall determine the

amount of any credit risk premium to be accepted with

respect to a loan guarantee under this Act on the basis

of—

(i) the financial and economic circumstances of

the applicant for the loan guarantee, including the

amount of collateral offered;

(ii) the proposed schedule of loan disbursements;

(iii) the business plans of the applicant for providing service;

(iv) any financial commitment from a broadcast

signal provider; and

(v) the concurrence of the Director of the Office

of Management and Budget as to the amount of the

credit risk premium.

(B) PROPORTIONALITY.—To the extent that appropriations of budget authority are sufficient to cover the cost,

as determined under section 502(5) of the Federal Credit

Reform Act of 1990, of loan guarantees under this Act,

the credit risk premium with respect to each loan guarantee

shall be reduced proportionately.

(C) PAYMENT OF PREMIUMS.—Credit risk premiums

under this subsection shall be paid to an account (the

‘‘Escrow Account’’) established in the Treasury which shall

114 STAT. 2762A–134 PUBLIC LAW 106–553—APPENDIX B

accrue interest and such interest shall be retained by the

account, subject to subparagraph (D).

(D) DEDUCTIONS FROM ESCROW ACCOUNT.—If a default

occurs with respect to any loan guaranteed under this

Act and the default is not cured in accordance with the

terms of the underlying loan or loan guarantee agreement,

the Administrator, in accordance with subsections (i) and

(j) of section 5, shall liquidate, or shall cause to be liquidated, all assets collateralizing such loan as to which

it has a lien or security interest. Any shortfall between

the proceeds of the liquidation net of costs and expenses

relating to the liquidation, and the guarantee amount paid

pursuant to this Act shall be deducted from funds in the

Escrow Account and credited to the Administrator for payment of such shortfall. At such time as determined under

subsection (d)(2)(E) of this section when all loans guaranteed under this Act have been repaid or otherwise satisfied

in accordance with this Act and the regulations promulgated hereunder, remaining funds in the Escrow Account,

if any, shall be refunded, on a pro rata basis, to applicants

whose loans guaranteed under this Act were not in default,

or where any default was cured in accordance with the

terms of the underlying loan or loan guarantee agreement.

(i) LIMITATIONS ON GUARANTEES FOR CERTAIN CABLE OPERATORS.—Notwithstanding any other provision of this Act, no loan

guarantee under this Act may be granted or used to provide funds

for a project that extends, upgrades, or enhances the services provided over any cable system to an area that, as of the date of

the enactment of this Act, is covered by a cable franchise agreement

that expressly obligates a cable system operator to serve such

area.

(j) JUDICIAL REVIEW.—The decision of the Board to approve

or disapprove the making of a loan guarantee under this Act shall

not be subject to judicial review.

(k) APPLICABILITY OF APA.—Except as otherwise provided in

subsection (j), the provisions of subchapter II of chapter 5 and

chapter 7 of title 5, United States Code (commonly referred to

as the Administrative Procedure Act), shall apply to actions taken

under this Act.

SEC. 1005. ADMINISTRATION OF LOAN GUARANTEES.

(a) IN GENERAL.—The Administrator of the Rural Utilities Service (in this Act referred to as the ‘‘Administrator’’) shall issue

and otherwise administer loan guarantees that have been approved

by the Board in accordance with sections 3 and 4.

(b) SECURITY FOR PROTECTION OF UNITED STATES FINANCIAL

INTERESTS.—

(1) TERMS AND CONDITIONS.—An applicant shall agree to

such terms and conditions as are satisfactory, in the judgment

of the Board, to ensure that, as long as any principal or interest

is due and payable on a loan guaranteed under this Act, the

applicant—

(A) shall maintain assets, equipment, facilities, and

operations on a continuing basis;

(B) shall not make any discretionary dividend payments that impair its ability to repay obligations guaranteed under this Act;

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–135

(C) shall remain sufficiently capitalized; and

(D) shall submit to, and cooperate fully with, any audit

of the applicant under section 6(a)(2).

(2) COLLATERAL.— (A) EXISTENCE OF ADEQUATE COLLATERAL.—An

applicant shall provide the Board such documentation as

is necessary, in the judgment of the Board, to provide

satisfactory evidence that appropriate and adequate collateral secures a loan guaranteed under this Act.

(B) FORM OF COLLATERAL.—Collateral required by

subparagraph (A) shall consist solely of assets of the

applicant, any affiliate of the applicant, or both (whichever

the Board considers appropriate), including primary assets

to be used in the delivery of signals for which the loan

is guaranteed.

(C) REVIEW OF VALUATION.—The value of collateral

securing a loan guaranteed under this Act may be reviewed

by the Board, and may be adjusted downward by the Board

if the Board reasonably believes such adjustment is appropriate.

(3) LIEN ON INTERESTS IN ASSETS.—Upon the Board’s

approval of a loan guarantee under this Act, the Administrator

shall have liens on assets securing the loan, which shall be

superior to all other liens on such assets, and the value of

the assets (based on a determination satisfactory to the Board)

subject to the liens shall be at least equal to the unpaid balance

of the loan amount covered by the loan guarantee, or that

value approved by the Board under section 4(d)(3)(B)(iii).

(4) PERFECTED SECURITY INTEREST.—With respect to a loan

guaranteed under this Act, the Administrator and the lender

shall have a perfected security interest in assets securing the

loan that are fully sufficient to protect the financial interests

of the United States and the lender.

(5) INSURANCE.—In accordance with practices in the private

capital market, as determined by the Board, the applicant

for a loan guarantee under this Act shall obtain, at its expense,

insurance sufficient to protect the financial interests of the

United States, as determined by the Board.

(c) ASSIGNMENT OF LOAN GUARANTEES.—The holder of a loan

guarantee under this Act may assign the loan guaranteed under

this Act in whole or in part, subject to such requirements as

the Board may prescribe.

(d) EXPIRATION OF LOAN GUARANTEE UPON STRIPPING.—Notwithstanding subsections (c), (e), and (h), a loan guarantee under

this Act shall have no force or effect if any part of the guaranteed

portion of the loan is transferred separate and apart from the

unguaranteed portion of the loan.

(e) ADJUSTMENT.—The Board may approve the adjustment of

any term or condition of a loan guarantee or a loan guaranteed

under this Act, including the rate of interest, time of payment

of principal or interest, or security requirements only if— (1) the adjustment is consistent with the financial interests

of the United States;

(2) consent has been obtained from the parties to the loan

agreement;

(3) the adjustment is consistent with the underwriting

criteria developed under section 4(g);

114 STAT. 2762A–136 PUBLIC LAW 106–553—APPENDIX B

(4) the adjustment does not adversely affect the interest

of the Federal Government in the assets or collateral of the

applicant;

(5) the adjustment does not adversely affect the ability

of the applicant to repay the loan; and

(6) the National Telecommunications and Information

Administration has been consulted by the Board regarding

the adjustment.

(f) PERFORMANCE SCHEDULES.— (1) PERFORMANCE SCHEDULES.—An applicant for a loan

guarantee under this Act for a project covered by section 4(e)(1)

shall enter into stipulated performance schedules with the

Administrator with respect to the signals to be provided through

the project.

(2) PENALTY.—The Administrator may assess against and

collect from an applicant described in paragraph (1) a penalty

not to exceed 3 times the interest due on the guaranteed

loan of the applicant under this Act if the applicant fails to

meet its stipulated performance schedule under that paragraph.

(g) COMPLIANCE.—The Administrator, in cooperation with the

Board and as the regulations of the Board may provide, shall

enforce compliance by an applicant, and any other party to a loan

guarantee for whose benefit assistance under this Act is intended,

with the provisions of this Act, any regulations under this Act,

and the terms and conditions of the loan guarantee, including

through the submittal of such reports and documents as the Board

may require in regulations prescribed by the Board and through

regular periodic inspections and audits.

(h) COMMERCIAL VALIDITY.—A loan guarantee under this Act

shall be incontestable—

(1) in the hands of an applicant on whose behalf the loan

guarantee is made, unless the applicant engaged in fraud or

misrepresentation in securing the loan guarantee; and

(2) as to any person or entity (or their respective successor

in interest) who makes or contracts to make a loan to the

applicant for the loan guarantee in reliance thereon, unless

such person or entity (or respective successor in interest)

engaged in fraud or misrepresentation in making or contracting

to make such loan.

(i) DEFAULTS.—The Board shall prescribe regulations governing

defaults on loans guaranteed under this Act, including the administration of the payment of guaranteed amounts upon default.

(j) RECOVERY OF PAYMENTS.—

(1) IN GENERAL.—The Administrator shall be entitled to

recover from an applicant for a loan guarantee under this

Act the amount of any payment made to the holder of the

guarantee with respect to the loan.

(2) SUBROGATION.—Upon making a payment described in

paragraph (1), the Administrator shall be subrogated to all

rights of the party to whom the payment is made with respect

to the guarantee which was the basis for the payment.

(3) DISPOSITION OF PROPERTY.—

(A) SALE OR DISPOSAL.—The Administrator shall, in

an orderly and efficient manner, sell or otherwise dispose

of any property or other interests obtained under this Act

in a manner that maximizes taxpayer return and is consistent with the financial interests of the United States.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–137

(B) MAINTENANCE.—The Administrator shall maintain

in a cost-effective and reasonable manner any property

or other interests pending sale or disposal of such property

or other interests under subparagraph (A).

(k) ACTION AGAINST OBLIGOR.— (1) AUTHORITY TO BRING CIVIL ACTION.—The Administrator

may bring a civil action in an appropriate district court of

the United States in the name of the United States or of

the holder of the obligation in the event of a default on a

loan guaranteed under this Act. The holder of a loan guarantee

shall make available to the Administrator all records and evidence necessary to prosecute the civil action.

(2) FULLY SATISFYING OBLIGATIONS OWED THE UNITED

STATES.—The Administrator may accept property in satisfaction

of any sums owed the United States as a result of a default

on a loan guaranteed under this Act, but only to the extent

that any cash accepted by the Administrator is not sufficient

to satisfy fully the sums owed as a result of the default.

(l) BREACH OF CONDITIONS.—The Administrator shall commence

a civil action in a court of appropriate jurisdiction to enjoin any

activity which the Board finds is in violation of this Act, the regulations under this Act, or any conditions which were duly agreed

to, and to secure any other appropriate relief, including relief

against any affiliate of the applicant.

(m) ATTACHMENT.—No attachment or execution may be issued

against the Administrator or any property in the control of the

Administrator pursuant to this Act before the entry of a final

judgment (as to which all rights of appeal have expired) by a

Federal, State, or other court of competent jurisdiction against

the Administrator in a proceeding for such action.

(n) FEES.—

(1) APPLICATION FEE.—The Board shall charge and collect

from an applicant for a loan guarantee under this Act a fee

to cover the cost of the Board in making necessary determinations and findings with respect to the loan guarantee application under this Act. The amount of the fee shall be reasonable.

(2) LOAN GUARANTEE ORIGINATION FEE.—The Board shall

charge, and the Administrator may collect, a loan guarantee

origination fee with respect to the issuance of a loan guarantee

under this Act.

(3) USE OF FEES COLLECTED.—

(A) IN GENERAL.—Any fee collected under this subsection shall be used, subject to subparagraph (B), to offset

administrative costs under this Act, including costs of the

Board and of the Administrator.

(B) SUBJECT TO APPROPRIATIONS.—The authority provided by this subsection shall be effective only to such

extent or in such amounts as are provided in advance

in appropriations Acts.

(C) LIMITATION ON FEES.—The aggregate amount of

fees imposed by this subsection shall not exceed the actual

amount of administrative costs under this Act.

(o) REQUIREMENTS RELATING TO AFFILIATES.—

(1) INDEMNIFICATION.—The United States shall be indemnified by any affiliate (acceptable to the Board) of an applicant

for a loan guarantee under this Act for any losses that the

United States incurs as a result of—

114 STAT. 2762A–138 PUBLIC LAW 106–553—APPENDIX B

(A) a judgment against the applicant or any of its

affiliates;

(B) any breach by the applicant or any of its affiliates

of their obligations under the loan guarantee agreement;

(C) any violation of the provisions of this Act, and

the regulations prescribed under this Act, by the applicant

or any of its affiliates;

(D) any penalties incurred by the applicant or any

of its affiliates for any reason, including violation of a

stipulated performance schedule under subsection (f); and

(E) any other circumstances that the Board considers

appropriate.

(2) LIMITATION ON TRANSFER OF LOAN PROCEEDS.—An

applicant for a loan guarantee under this Act may not transfer

any part of the proceeds of the loan to an affiliate.

(p) EFFECT OF BANKRUPTCY.— (1) Notwithstanding any other provision of law, whenever

any person or entity is indebted to the United States as a

result of any loan guarantee issued under this Act and such

person or entity is insolvent or is a debtor in a case under

title 11, United States Code, the debts due to the United

States shall be satisfied first.

(2) A discharge in bankruptcy under title 11, United States

Code, shall not release a person or entity from an obligation

to the United States in connection with a loan guarantee under

this Act.

SEC. 1006. ANNUAL AUDIT.

(a) REQUIREMENT.—The Comptroller General of the United

States shall conduct on an annual basis an audit of—

(1) the administration of the provisions of this Act; and

(2) the financial position of each applicant who receives

a loan guarantee under this Act, including the nature, amount,

and purpose of investments made by the applicant.

(b) REPORT.—The Comptroller General shall submit to the

Committee on Banking, Housing, and Urban Affairs of the Senate

and the Committee on Banking and Financial Services of the House

of Representatives a report on each audit conducted under subsection (a).

SEC. 1007. IMPROVED CELLULAR SERVICE IN RURAL AREAS.

(a) REINSTATEMENT OF APPLICANTS AS TENTATIVE SELECTEES.—

(1) IN GENERAL.—Notwithstanding the order of the Federal

Communications Commission in the proceeding described in

paragraph (3), the Commission shall—

(A) reinstate each applicant as a tentative selectee

under the covered rural service area licensing proceeding;

and

(B) permit each applicant to amend its application,

to the extent necessary to update factual information and

to comply with the rules of the Commission, at any time

before the Commission’s final licensing action in the covered rural service area licensing proceeding.

(2) EXEMPTION FROM PETITIONS TO DENY.—For purposes

of the amended applications filed pursuant to paragraph (1)(B),

the provisions of section 309(d)(1) of the Communications Act

of 1934 (47 U.S.C. 309(d)(1)) shall not apply.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–139

(3) PROCEEDING.—The proceeding described in this paragraph is the proceeding of the Commission In re Applications

of Cellwave Telephone Services L.P., Futurewave General Partners L.P., and Great Western Cellular Partners, 7 FCC Rcd

No. 19 (1992).

(b) CONTINUATION OF LICENSE PROCEEDING; FEE ASSESS- MENT.— (1) AWARD OF LICENSES.—The Commission shall award

licenses under the covered rural service area licensing proceeding within 90 days after the date of the enactment of this

Act.

(2) SERVICE REQUIREMENTS.—The Commission shall provide

that, as a condition of an applicant receiving a license pursuant

to the covered rural service area licensing proceeding, the

applicant shall provide cellular radiotelephone service to

subscribers in accordance with sections 22.946 and 22.947 of

the Commission’s rules (47 CFR 22.946, 22.947); except that

the time period applicable under section 22.947 of the Commission’s rules (or any successor rule) to the applicants identified

in subparagraphs (A) and (B) of subsection (d)(1) shall be 3

years rather than 5 years and the waiver authority of the

Commission shall apply to such 3-year period.

(3) CALCULATION OF LICENSE FEE.—

(A) FEE REQUIRED.—The Commission shall establish

a fee for each of the licenses under the covered rural

service area licensing proceeding. In determining the

amount of the fee, the Commission shall consider—

(i) the average price paid per person served in

the Commission’s Cellular Unserved Auction (Auction

No. 12); and

(ii) the settlement payments required to be paid

by the permittees pursuant to the consent decree set

forth in the Commission’s order, In re the Tellesis

Partners (7 FCC Rcd 3168 (1992)), multiplying such

payments by two.

(B) NOTICE OF FEE.—Within 30 days after the date

an applicant files the amended application permitted by

subsection (a)(1)(B), the Commission shall notify each

applicant of the fee established for the license associated

with its application.

(4) PAYMENT FOR LICENSES.—No later than 18 months after

the date that an applicant is granted a license, each applicant

shall pay to the Commission the fee established pursuant to

paragraph (3) for the license granted to the applicant under

paragraph (1).

(5) AUCTION AUTHORITY.—If, after the amendment of an

application pursuant to subsection (a)(1)(B), the Commission

finds that the applicant is ineligible for grant of a license

to provide cellular radiotelephone services for a rural service

area or the applicant does not meet the requirements under

paragraph (2) of this subsection, the Commission shall grant

the license for which the applicant is the tentative selectee

(pursuant to subsection (a)(1)(B) by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47

U.S.C. 309(j)).

(c) PROHIBITION OF TRANSFER.—During the 5-year period that

begins on the date that an applicant is granted any license pursuant

114 STAT. 2762A–140 PUBLIC LAW 106–553—APPENDIX B

to subsection (a), the Commission may not authorize the transfer

or assignment of that license under section 310 of the Communications Act of 1934 (47 U.S.C. 310). Nothing in this Act may be

construed to prohibit any applicant granted a license pursuant

to subsection (a) from contracting with other licensees to improve

cellular telephone service.

(d) DEFINITIONS.—For the purposes of this section, the following

definitions shall apply:

(1) APPLICANT.—The term ‘‘applicant’’ means— (A) Great Western Cellular Partners, a California general partnership chosen by the Commission as tentative

selectee for RSA #492 on May 4, 1989;

(B) Monroe Telephone Services L.P., a Delaware limited partnership chosen by the Commission as tentative

selectee for RSA #370 on August 24, 1989 (formerly

Cellwave Telephone Services L.P.); and

(C) FutureWave General Partners L.P., a Delaware

limited partnership chosen by the Commission as tentative

selectee for RSA #615 on May 25, 1990.

(2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.

(3) COVERED RURAL SERVICE AREA LICENSING PROCEEDING.—The term ‘‘covered rural service area licensing proceeding’’ means the proceeding of the Commission for the grant

of cellular radiotelephone licenses for rural service areas #492

(Minnesota 11), #370 (Florida 11), and #615 (Pennsylvania 4).

(4) TENTATIVE SELECTEE.—The term ‘‘tentative selectee’’

means a party that has been selected by the Commission under

a licensing proceeding for grant of a license, but has not yet

been granted the license because the Commission has not yet

determined whether the party is qualified under the Commission’s rules for grant of the license.

SEC. 1008. TECHNICAL AMENDMENT.

Section 339(c) of the Communications Act of 1934 (47 U.S.C.

339(c)) is amended by adding at the end the following new paragraph:

‘‘(5) DEFINITION.—Notwithstanding subsection (d)(4), for

purposes of paragraphs (2) and (4) of this subsection, the term

‘satellite carrier’ includes a distributor (as defined in section

119(d)(1) of title 17, United States Code), but only if the satellite

distributor’s relationship with the subscriber includes billing,

collection, service activation, and service deactivation.’’.

SEC. 1009. SUNSET.

No loan guarantee may be approved under this Act after December 31, 2006.

SEC. 1010. DEFINITIONS.

In this Act:

(1) AFFILIATE.—The term ‘‘affiliate’’—

(A) means any person or entity that controls, or is

controlled by, or is under common control with, another

person or entity; and

(B) may include any individual who is a director or

senior management officer of an affiliate, a shareholder

controlling more than 25 percent of the voting securities

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–141

of an affiliate, or more than 25 percent of the ownership

interest in an affiliate not organized in stock form.

(2) NONSERVED AREA.—The term ‘‘nonserved area’’ means

any area that— (A) is outside the grade B contour (as determined using

standards employed by the Federal Communications

Commission) of the local television broadcast signals serving a particular designated market area; and

(B) does not have access to such signals by any

commercial, for profit, multichannel video provider.

(3) UNDERSERVED AREA.—The term ‘‘underserved area’’ means any area that— (A) is outside the grade A contour (as determined using

standards employed by the Federal Communications

Commission) of the local television broadcast signals serving a particular designated market area; and

(B) has access to local television broadcast signals from

not more than one commercial, for-profit multichannel

video provider.

(4) COMMON TERMS.—Except as provided in paragraphs

(1) through (3), any term used in this Act that is defined

in the Communications Act of 1934 (47 U.S.C. 151 et seq.)

has the meaning given that term in the Communications Act

of 1934.

SEC. 1011. AUTHORIZATIONS OF APPROPRIATIONS.

(a) COST OF LOAN GUARANTEES.—For the cost of the loans

guaranteed under this Act, including the cost of modifying the

loans, as defined in section 502 of the Congressional Budget Act

of 1974 (2 U.S.C. 661(a)), there are authorized to be appropriated

for fiscal years 2001 through 2006, such amounts as may be necessary.

(b) COST OF ADMINISTRATION.—There is hereby authorized to

be appropriated such sums as may be necessary to carry out the

provisions of this Act, other than to cover costs under subsection

(a).

(c) AVAILABILITY.—Any amounts appropriated pursuant to the

authorizations of appropriations in subsections (a) and (b) shall

remain available until expended.

SEC. 1012. PREVENTION OF INTERFERENCE TO DIRECT BROADCAST

SATELLITE SERVICES.

(a) TESTING FOR HARMFUL INTERFERENCE.—The Federal

Communications Commission shall provide for an independent technical demonstration of any terrestrial service technology proposed

by any entity that has filed an application to provide terrestrial

service in the direct broadcast satellite frequency band to determine

whether the terrestrial service technology proposed to be provided

by that entity will cause harmful interference to any direct broadcast satellite service.

(b) TECHNICAL DEMONSTRATION.—In order to satisfy the

requirement of subsection (a) for any pending application, the

Commission shall select an engineering firm or other qualified

entity independent of any interested party based on a recommendation made by the Institute of Electrical and Electronics Engineers

(IEEE), or a similar independent professional organization, to perform the technical demonstration or analysis. The demonstration

shall be concluded within 60 days after the date of enactment

114 STAT. 2762A–142 PUBLIC LAW 106–553—APPENDIX B

of this Act and shall be subject to public notice and comment

for not more than 30 days thereafter.

(c) DEFINITIONS.—As used in this section:

(1) DIRECT BROADCAST SATELLITE FREQUENCY BAND.—The

term ‘‘direct broadcast satellite frequency band’’ means the

band of frequencies at 12.2 to 12.7 gigahertz.

(2) DIRECT BROADCAST SATELLITE SERVICE.—The term ‘‘direct broadcast satellite service’’ means any direct broadcast

satellite system operating in the direct broadcast satellite frequency band.

TITLE XI—ENCOURAGING IMMIGRANT

FAMILY REUNIFICATION

SEC. 1101. SHORT TITLE.

This title may be cited as—

(1) the ‘‘Legal Immigration Family Equity Act’’; or

(2) the ‘‘LIFE Act’’.

SEC. 1102. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF

PERMANENT RESIDENTS AWAITING THE AVAILABILITY

OF AN IMMIGRANT VISA; PROVISIONS AFFECTING SUBSEQUENT ADJUSTMENT OF STATUS FOR SUCH NONIMMIGRANTS.

(a) IN GENERAL.—Section 101(a)(15) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(15)) is amended—

(1) in subparagraph (T), by striking ‘‘or’’ at the end;

(2) in subparagraph (U), by striking the period at the

end and inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(V) subject to section 214(o), an alien who is the beneficiary

(including a child of the principal alien, if eligible to receive

a visa under section 203(d)) of a petition to accord a status

under section 203(a)(2)(A) that was filed with the Attorney

General under section 204 on or before the date of the enactment of the Legal Immigration Family Equity Act, if—

‘‘(i) such petition has been pending for 3 years or

more; or

‘‘(ii) such petition has been approved, 3 years or more

have elapsed since such filing date, and—

‘‘(I) an immigrant visa is not immediately available

to the alien because of a waiting list of applicants

for visas under section 203(a)(2)(A); or

‘‘(II) the alien’s application for an immigrant visa,

or the alien’s application for adjustment of status under

section 245, pursuant to the approval of such petition,

remains pending.

(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS.—Section

214 of the Immigration and Nationality Act (8 U.S.C. 1184) is

amended by adding at the end the following:

‘‘(o)(1) In the case of a nonimmigrant described in section

101(a)(15)(V)—

‘‘(A) the Attorney General shall authorize the alien to

engage in employment in the United States during the period

of authorized admission and shall provide the alien with an

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–143

‘employment authorized’ endorsement or other appropriate

document signifying authorization of employment; and

‘‘(B) the period of authorized admission as such a nonimmigrant shall terminate 30 days after the date on which

any of the following is denied:

‘‘(i) The petition filed under section 204 to accord the

alien a status under section 203(a)(2)(A) (or, in the case

of a child granted nonimmigrant status based on eligibility

to receive a visa under section 203(d), the petition filed

to accord the child’s parent a status under section

203(a)(2)(A)).

‘‘(ii) The alien’s application for an immigrant visa

pursuant to the approval of such petition.

‘‘(iii) The alien’s application for adjustment of status

under section 245 pursuant to the approval of such petition.

‘‘(2) In determining whether an alien is eligible to be admitted

to the United States as a nonimmigrant under section 101(a)(15)(V),

the grounds for inadmissibility specified in section 212(a)(9)(B) shall

not apply.

‘‘(3) The status of an alien physically present in the United

States may be adjusted by the Attorney General, in the discretion

of the Attorney General and under such regulations as the Attorney

General may prescribe, to that of a nonimmigrant under section

101(a)(15)(V), if the alien—

‘‘(A) applies for such adjustment;

‘‘(B) satisfies the requirements of such section; and

‘‘(C) is eligible to be admitted to the United States, except

in determining such admissibility, the grounds for inadmissibility specified in paragraphs (6)(A), (7), and (9)(B) of section

212(a) shall not apply.’’.

(c) PROVISIONS AFFECTING PERMANENT RESIDENT STATUS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)

is amended by adding at the end the following:

‘‘(m)(1) The status of a nonimmigrant described in section

101(a)(15)(V) who the Attorney General determines was physically

present in the United States at any time during the period beginning on July 1, 2000, and ending on October 1, 2000, may be

adjusted by the Attorney General, in the discretion of the Attorney

General and under such regulations as the Attorney General may

prescribe, to that of an alien lawfully admitted for permanent

residence, if—

‘‘(A) the alien makes an application for such adjustment;

‘‘(B) the alien is eligible to receive an immigrant visa and

is admissible to the United States for permanent residence,

except in determining such admissibility, the grounds for

inadmissibility specified in paragraphs (6)(A), (7), and (9)(B)

of section 212(a) shall not apply; and

‘‘(C) an immigrant visa is immediately available to the

alien at the time the alien’s application is filed.

‘‘(2) Paragraph (1) shall not apply to an alien who has failed

(other than through no fault of the alien or for technical reasons)

to maintain continuously a lawful status since obtaining the status

of a nonimmigrant described in section 101(a)(15)(V).

‘‘(3) Upon the approval of an application for adjustment made

under paragraph (1), the Attorney General shall record the alien’s

lawful admission for permanent residence as of the date the order

114 STAT. 2762A–144 PUBLIC LAW 106–553—APPENDIX B

of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce

by one the number of the preference visas authorized to be issued

under sections 202 and 203 within the class to which the alien

is chargeable for the fiscal year then current.

‘‘(4) The Attorney General may accept an application for adjustment made under paragraph (1) only if the alien remits with

such application a sum equalling $1,000, except that such sum

shall not be required from an alien if it would not be required

from the alien if the alien were applying under subsection (i).

‘‘(5) The sum specified in paragraph (4) shall be in addition

to the fee normally required for the processing of an application

under this section.

‘‘(6)(A) The portion of each application fee (not to exceed $200)

that the Attorney General determines is required to process an

application under this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section

286.

‘‘(B) One-half of any remaining portion of such fee shall be

deposited by the Attorney General into the Immigration Examination Fee Account established under section 286(m), and one-half

of any remaining portion of such fees shall be deposited by the

Attorney General into the Breached Bond/Detention Fund established under section 286(r).

‘‘(7) Nothing in this subsection shall be construed as precluding

a nonimmigrant described in section 101(a)(15)(V) who is eligible

for adjustment of status under subsection (a) from applying for

and obtaining adjustment under such subsection. In the case of

such an application, the alien shall be required to remit only the

fee normally required for the processing of an application under

subsection (a).’’.

(d) CONFORMING AMENDMENTS.—

(1) ADMISSION OF NONIMMIGRANTS.—Section 214 of the

Immigration and Nationality Act (8 U.S.C. 1184) is amended,

in each of subsections (b) and (h), by striking ‘‘(H)(i) or (L)’’ and inserting ‘‘(H)(i), (L), or (V)’’.

(2) ADJUSTMENT OF STATUS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended—

(A) in each of subsections (d) and (f), by striking ‘‘under

subsection (a),’’ each place such term appears and inserting

‘‘under subsection (a) or (m),’’; and

(B) in subsection (e)(1), by striking ‘‘subsection (a).’’

and inserting ‘‘subsection (a) or (m).’’.

(e) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act and

shall apply to an alien who is the beneficiary of a classification

petition filed under section 204 of the Immigration and Nationality

Act on or before the date of the enactment of this Act.

SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF

CITIZENS AWAITING THE AVAILABILITY OF AN

IMMIGRANT VISA.

(a) IN GENERAL.—Section 101(a)(15)(K) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended to read as

follows:

‘‘(K) subject to subsections (d) and (p) of section 214, an

alien who—

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–145

‘‘(i) is the fiance ́e or fiance ́ of a citizen of the United

States and who seeks to enter the United States solely

to conclude a valid marriage with the petitioner within

ninety days after admission;

‘‘(ii) has concluded a valid marriage with a citizen

of the United States who is the petitioner, is the beneficiary

of a petition to accord a status under section 201(b)(2)(A)(i)

that was filed under section 204 by the petitioner, and

seeks to enter the United States to await the approval

of such petition and the availability to the alien of an

immigrant visa; or

‘‘(iii) is the minor child of an alien described in clause

(i) or (ii) and is accompanying, or following to join, the

alien;’’.

(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS.—Section

214 of the Immigration and Nationality Act (8 U.S.C. 1184), as

amended by section 2 of this Act, is further amended by adding

at the end the following:

‘‘(p)(1) A visa shall not be issued under the provisions of section

101(a)(15)(K)(ii) until the consular officer has received a petition

filed in the United States by the spouse of the applying alien

and approved by the Attorney General. The petition shall be in

such form and contain such information as the Attorney General

shall, by regulation, prescribe.

‘‘(2) In the case of an alien seeking admission under section

101(a)(15)(K)(ii) who concluded a marriage with a citizen of the

United States outside the United States, the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien is not

at the time of application for admission in possession of a valid

nonimmigrant visa issued by a consular officer in the foreign state

in which the marriage was concluded.

‘‘(3) In the case of a nonimmigrant described in section

101(a)(15)(K)(ii), and any child of such a nonimmigrant who was

admitted as accompanying, or following to join, such a nonimmigrant, the period of authorized admission shall terminate 30

days after the date on which any of the following is denied:

‘‘(A) The petition filed under section 204 to accord the

principal alien status under section 201(b)(2)(A)(i).

‘‘(B) The principal alien’s application for an immigrant

visa pursuant to the approval of such petition.

‘‘(C) The principal alien’s application for adjustment of

status under section 245 pursuant to the approval of such

petition.’’.

(c) CONFORMING AMENDMENTS.—

(1) ADMISSION OF NONIMMIGRANTS.—Section 214(d) of the

Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended

by striking ‘‘101(a)(15)(K)’’ and inserting ‘‘101(a)(15)(K)(i)’’.

(2) CONDITIONAL PERMANENT RESIDENT STATUS.—Section

216 of the Immigration and Nationality Act (8 U.S.C. 1186a)

is amended, in each of subsections (b)(1)(B) and (d)(1)(A)(ii),

by striking ‘‘214(d)’’ and inserting ‘‘subsection (d) or (p) of

section 214’’.

(3) ADJUSTMENT OF STATUS.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended—

(A) in subsection (d), by striking ‘‘(relating to an alien

fiancee or fiance or the minor child of such alien)’’; and

114 STAT. 2762A–146 PUBLIC LAW 106–553—APPENDIX B

(B) in subsection (e)(3), by striking ‘‘214(d)’’ and inserting ‘‘subsection (d) or (p) of section 214’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act and

shall apply to an alien who is the beneficiary of a classification

petition filed under section 204 of the Immigration and Nationality

Act before, on, or after the date of the enactment of this Act.

SEC. 1104. ADJUSTMENT OF STATUS OF CERTAIN CLASS ACTION

PARTICIPANTS WHO ENTERED BEFORE JANUARY 1, 1982,

TO THAT OF PERSON ADMITTED FOR LAWFUL RESIDENCE.

(a) IN GENERAL.—In the case of an eligible alien described

in subsection (b), the provisions of section 245A of the Immigration

and Nationality Act (8 U.S.C. 1255a), as modified by subsection

(c), shall apply to the alien.

(b) ELIGIBLE ALIENS DESCRIBED.—An alien is an eligible alien

described in this subsection if, before October 1, 2000, the alien

filed with the Attorney General a written claim for class membership, with or without a filing fee, pursuant to a court order issued

in the case of—

(1) Catholic Social Services, Inc. v. Meese, vacated sub

nom. Reno v. Catholic Social Services, Inc., 509 U.S. 43 (1993);

or

(2) League of United Latin American Citizens v. INS,

vacated sub nom. Reno v. Catholic Social Services, Inc., 509

U.S. 43 (1993).

(c) MODIFICATIONS TO PROVISIONS GOVERNING ADJUSTMENT OF

STATUS.—The modifications to section 245A of the Immigration

and Nationality Act that apply to an eligible alien described in

subsection (b) of this section are the following:

(1) TEMPORARY RESIDENT STATUS.—Subsection (a) of such

section 245A shall not apply.

(2) ADJUSTMENT TO PERMANENT RESIDENT STATUS.—In lieu

of paragraphs (1) and (2) of subsection (b) of such section

245A, the Attorney General shall be required to adjust the

status of an eligible alien described in subsection (b) of this

section to that of an alien lawfully admitted for permanent

residence if the alien meets the following requirements:

(A) APPLICATION PERIOD.—The alien must file with

the Attorney General an application for such adjustment

during the 12-month period beginning on the date on which

the Attorney General issues final regulations to implement

this section.

(B) CONTINUOUS UNLAWFUL RESIDENCE.—

(i) IN GENERAL.—The alien must establish that

the alien entered the United States before January

1, 1982, and that he or she has resided continuously

in the United States in an unlawful status since such

date and through May 4, 1988. In determining whether

an alien maintained continuous unlawful residence in

the United States for purposes of this subparagraph,

the regulations prescribed by the Attorney General

under section 245A(g) of the Immigration and Nationality Act that were most recently in effect before the

date of the enactment of this Act shall apply.

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–147

(ii) NONIMMIGRANTS.—In the case of an alien who

entered the United States as a nonimmigrant before

January 1, 1982, the alien must establish that the

alien’s period of authorized stay as a nonimmigrant

expired before such date through the passage of time

or the alien’s unlawful status was known to the

Government as of such date.

(iii) EXCHANGE VISITORS.—If the alien was at any

time a nonimmigrant exchange alien (as defined in

section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), the alien must establish that the alien was not subject to the two-year

foreign residence requirement of section 212(e) of such

Act or has fulfilled that requirement or received a

waiver thereof.

(iv) CUBAN AND HAITIAN ENTRANTS.—For purposes

of this section, an alien in the status of a Cuban

and Haitian entrant described in paragraph (1) or

(2)(A) of section 501(e) of Public Law 96–422 shall

be considered to have entered the United States and

to be in an unlawful status in the United States.

(C) CONTINUOUS PHYSICAL PRESENCE.—

(i) IN GENERAL.—The alien must establish that

the alien was continuously physically present in the

United States during the period beginning on November 6, 1986, and ending on May 4, 1988, except that—

(I) an alien shall not be considered to have

failed to maintain continuous physical presence

in the United States for purposes of this subparagraph by virtue of brief, casual, and innocent

absences from the United States; and

(II) brief, casual, and innocent absences from

the United States shall not be limited to absences

with advance parole.

(ii) ADMISSIONS.—Nothing in this section shall be

construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in

order to apply for adjustment of status under this

section or section 245A of the Immigration and

Nationality Act.

(D) ADMISSIBLE AS IMMIGRANT.—The alien must establish that the alien—

(i) is admissible to the United States as an

immigrant, except as otherwise provided under section

245A(d)(2) of the Immigration and Nationality Act;

(ii) has not been convicted of any felony or of

three or more misdemeanors committed in the United

States;

(iii) has not assisted in the persecution of any

person or persons on account of race, religion, nationality, membership in a particular social group, or political

opinion; and

(iv) is registered or registering under the Military

Selective Service Act, if the alien is required to be

so registered under that Act.

(E) BASIC CITIZENSHIP SKILLS.—

114 STAT. 2762A–148 PUBLIC LAW 106–553—APPENDIX B

(i) IN GENERAL.—The alien must demonstrate that

the alien either— (I) meets the requirements of section 312(a)

of the Immigration and Nationality Act (8 U.S.C.

1423(a)) (relating to minimal understanding of

ordinary English and a knowledge and understanding of the history and government of the

United States); or

(II) is satisfactorily pursuing a course of study

(recognized by the Attorney General) to achieve

such an understanding of English and such a

knowledge and understanding of the history and

government of the United States.

(ii) EXCEPTION FOR ELDERLY OR DEVELOPMENTALLY

DISABLED INDIVIDUALS.—The Attorney General may,

in the discretion of the Attorney General, waive all

or part of the requirements of clause (i) in the case

of an alien who is 65 years of age or older or who

is developmentally disabled.

(iii) RELATION TO NATURALIZATION EXAMINATION.—

In accordance with regulations of the Attorney General,

an alien who has demonstrated under clause (i)(I) that

the alien meets the requirements of section 312(a)

of the Immigration and Nationality Act may be considered to have satisfied the requirements of that section

for purposes of becoming naturalized as a citizen of

the United States under title III of such Act.

(3) TEMPORARY STAY OF REMOVAL, AUTHORIZED TRAVEL, AND

EMPLOYMENT DURING PENDENCY OF APPLICATION.—In lieu of

subsections (b)(3) and (e)(2) of such section 245A, the Attorney

General shall provide that, in the case of an eligible alien

described in subsection (b) of this section who presents a prima

facie application for adjustment of status to that of an alien

lawfully admitted for permanent residence under such section

245A during the application period described in paragraph

(2)(A), until a final determination on the application has been

made—

(A) the alien may not be deported or removed from

the United States;

(B) the Attorney General shall, in accordance with

regulations, permit the alien to return to the United States

after such brief and casual trips abroad as reflect an

intention on the part of the alien to adjust to lawful permanent resident status and after brief temporary trips abroad

occasioned by a family obligation involving an occurrence

such as the illness or death of a close relative or other

family need; and

(C) the Attorney General shall grant the alien

authorization to engage in employment in the United States

and provide to that alien an ‘‘employment authorized’’

endorsement or other appropriate work permit.

(4) APPLICATIONS.—Paragraphs (1) through (4) of subsection (c) of such section 245A shall not apply.

(5) CONFIDENTIALITY OF INFORMATION.—Subsection (c)(5)

of such section 245A shall apply to information furnished by

an eligible alien described in subsection (b) pursuant to any

application filed under such section 245A or this section, except

PUBLIC LAW 106–553—APPENDIX B 114 STAT. 2762A–149

that the Attorney General (and other officials and employees

of the Department of Justice and any bureau or agency thereof)

may use such information for purposes of rescinding, pursuant

to section 246(a) of the Immigration and Nationality Act (8

U.S.C. 1256(a)), any adjustment of status obtained by the alien.

(6) USE OF FEES FOR IMMIGRATION-RELATED UNFAIR EMPLOY- MENT PRACTICES.—Notwithstanding subsection (c)(7)(C) of such

section 245A, no application fee paid to the Attorney General

pursuant to this section by an eligible alien described in subsection (b) of this section shall be available in any fiscal year

for the purpose described in such subsection (c)(7)(C).

(7) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION

FOR CERTAIN APPLICANTS BEFORE APPLICATION PERIOD.—In lieu

of subsection (e)(1) of such section 245A, the Attorney General

shall provide that in the case of an eligible alien described

in subsection (b) of this section who is apprehended before

the beginning of the application period described in paragraph

(2)(A) and who can establish a prima facie case of eligibility

to have his status adjusted under such section 245A pursuant

to this section (but for the fact that he may not apply for

such adjustment until the beginning of such period), until the

alien has had the opportunity during the first 30 days of

the application period to complete the filing of an application

for adjustment, the alien— (A) may not be deported or removed from the United

States; and

(B) shall be granted authorization to engage in employment in the United States and be provided an ‘‘employment

authorized’’ endorsement or other appropriate work permit.

(8) JURISDICTION OF COURTS.—Effective as of November

6, 1986, subsection (f)(4)(C) of such section 245A shall not

apply to an eligible alien described in subsection (b) of this

section.

(9) PUBLIC WELFARE ASSISTANCE.—Subsection (h) of such

section 245A shall not apply.

(d) APPLICATIONS FROM ABROAD.—The Attorney General shall

establish a process under which an alien who has become eligible

to apply for adjustment of status to that of an alien lawfully

admitted for permanent residence as a result of the enactment

of this section and who is not physically present in the United

States may apply for such adjustment from abroad.

(e) DEADLINE FOR REGULATIONS.—The Attorney General shall

issue regulations to implement this section not later than 120

days after the date of the enactment of this Act.

(f) ADMINISTRATIVE AND JUDICIAL REVIEW.—The provisions of

subparagraphs (A) and (B) of section 245A(f)(4) of the Immigration

and Nationality Act (8 U.S.C. 1255a(f)(4)) shall apply to administrative or judicial review of a determination under this section or

of a determination respecting an application for adjustment of status

under section 245A of the Immigration and Nationality Act filed

pursuant to this section.

(g) DEFINITION.—For purposes of this section, the term ‘‘such

section 245A’’ means section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a).

Titles I through VII of this Act may be cited as the ‘‘Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 2001’’.