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‘‘(2) In the case of a civil action brought under para-
graph (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 in-
curred.
‘‘(3) No action may be commenced under this sub-
section more than 3 years after the date on which the vio-
lation 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 sub-
ject, in addition to any other penalties that may be pre-
scribed 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 fre-
quency as to constitute a general business practice.
‘‘(2) Any willful violation committed contempora-
neously with respect to the social security numbers of 2
or more individuals by means of mail, telecommunication,
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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 sub-
sections (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 para-
graph, 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 individ-
ual’s social security number, or identifying portion thereof,
in a viewable manner on a web site that makes such infor-
mation available to the general public, or otherwise inten-
tionally 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.
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‘‘(2) Law enforcement.
‘‘(3) Public health.
‘‘(4) Federal or federally-funded research con-
ducted for the purposes of advancing knowledge.
‘‘(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 fol-
lowing new paragraphs:
‘‘(9) except as provided in section 1150A(d),
knowingly and willfully displays or sells to the gen-
eral public (as defined in section 1150A(g)) any in-
dividual’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 num-
ber, for purposes of locating or identifying an indi-
vidual with the intent to physically injure, harm, or
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•HR 5548 IH1S
use the identity of the individual for illegal pur-
poses;’’.
(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 enact-
ment 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 para-
graph (1). The report shall include a detailed description
of the activities and results of the study and such rec-
ommendations 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.
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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.
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 pub-
lic debt, the amount equal to the difference between
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$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 re-
quired, 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 sup-
plement, but not replace, existing funding available to the
States and territories from the sport fish restoration ac-
count and wildlife restoration account and shall be used
for the development, revision, and implementation of wild-
life conservation and restoration plans and programs,
$50,000,000, to remain available until expended: Pro-
vided, 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
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•HR 5548 IH1S
wildlife conservation strategy, including wildlife conserva-
tion, wildlife conservation education, and wildlife-associ-
ated recreation projects: Provided further, That the Sec-
retary, after deducting administrative expenses shall make
the following apportionment from the Wildlife Conserva-
tion and Restoration Account: (A) to the District of Co-
lumbia and to the Commonwealth of Puerto Rico, each
a sum equal to not more than one-half of 1 percent there-
of; (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: Provided further, That the Secretary shall appor-
tion 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 popu-
lation of such State bears to the total population of all
such States: Provided further, That the amounts appor-
tioned 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,
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•HR 5548 IH1S
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 Res-
toration 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 pri-
mary role of the States to conserve all wildlife;
(2) to assure sound conservation policies
through the development, revision, and implementa-
tion 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
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•HR 5548 IH1S
development and implementation of a wildlife con-
servation 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 man-
agement such as research, census, monitoring of
populations, acquisition, improvement and manage-
ment 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 popu-
lation if permitted by applicable State and Federal
law;
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‘‘(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 func-
tions ordinarily exercised by a State fish and game
department or State fish and wildlife department.
‘‘(4) the term ‘wildlife’ means any species of
wild, free-ranging fauna including fish, and also
fauna in captive breeding programs the object of
which is to reintroduce individuals of a depleted in-
digenous 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 ob-
servation and photography, such projects as con-
struction or restoration of wildlife viewing areas, ob-
servation towers, blinds, platforms, land and water
trails, water access, field trialing, trail heads, and
access for such projects;
‘‘(6) the term ‘wildlife conservation and restora-
tion program’ means a program developed by a
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•HR 5548 IH1S
State fish and wildlife department and approved by
the Secretary under section 304(d), the projects that
constitute such a program, which may be imple-
mented in whole or part through grants and con-
tracts by a State to other State, Federal, or local
agencies (including those that gather, evaluate, and
disseminate information on wildlife and their habi-
tats), wildlife conservation organizations, and out-
door recreation and conservation education entities
from funds apportioned under this title, and mainte-
nance 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’ in-
cludes the wildlife conservation and restoration pro-
gram and means the selection, restoration, rehabili-
tation, and improvement of areas of land or water
adaptable as feeding, resting, or breeding places for
wildlife, including acquisition of such areas or es-
tates 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 nec-
essary to make them available for such purposes and
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•HR 5548 IH1S
also including such research into problems of wildlife
management as may be necessary to efficient admin-
istration affecting wildlife resources, and such pre-
liminary 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 Res-
toration 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 Ac-
count’. There are authorized to be appropriated for
the purposes of the Wildlife Conservation and Res-
toration Account $50,000,000 in fiscal year 2001 for
apportionment in accordance with this Act to carry
out State wildlife conservation and restoration pro-
grams. 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 Con-
servation and Restoration Account shall supplement, but
not replace, existing funds available to the States from the
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•HR 5548 IH1S
sport fish restoration account and wildlife restoration ac-
count 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, in-
cluding 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 con-
servation and restoration program and wildlife conserva-
tion 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 Conserva-
tion 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 Wild-
life Conservation and Restoration Account, so much of
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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 Con-
servation 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 Vir-
gin 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
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Conservation and Restoration Account for each fis-
cal 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
‘‘(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 para-
graph 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 apportion-
ment 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 pro-
grams carried out with such amounts.
‘‘(d) WILDLIFE CONSERVATION AND RESTORATION
PROGRAMS.—
‘‘(1) Any State, through its fish and wildlife de-
partment, may apply to the Secretary of the Interior
for approval of a wildlife conservation and restora-
tion program, or for funds from the Wildlife Con-
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•HR 5548 IH1S
servation and Restoration Account, to develop a pro-
gram. To apply, a State shall submit a comprehen-
sive plan that includes—
‘‘(A) provisions vesting in the fish and
wildlife department of the State overall respon-
sibility and accountability for the program;
‘‘(B) provisions for the development and
implementation of—
‘‘(i) wildlife conservation projects that
expand and support existing wildlife pro-
grams, giving appropriate consideration to
all wildlife;
‘‘(ii) 
wildlife-associated 
recreation
projects; and
‘‘(iii) wildlife conservation education
projects pursuant to programs under sec-
tion 8(a); and
‘‘(C) provisions to ensure public participa-
tion in the development, revision, and imple-
mentation of projects and programs required
under this paragraph.
‘‘(D) WILDLIFE
CONSERVATION
STRAT-
EGY.—Within five years of the date of the ini-
tial apportionment, develop and begin imple-
mentation of a wildlife conservation strategy
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based upon the best available and appropriate
scientific information and data that—
‘‘(i) uses such information on the dis-
tribution and abundance of species of wild-
life, including low population and declining
species as the State fish and wildlife de-
partment deems appropriate, that are in-
dicative of the diversity and health of wild-
life of the State;
‘‘(ii) identifies the extent and condi-
tion 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 res-
toration 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 im-
plementing such conservation actions;
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‘‘(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 conserva-
tion 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, im-
plementation, review, and revision of the
wildlife conservation strategy, with Fed-
eral, State, and local agencies and Indian
tribes that manage significant areas of
land or water within the State, or admin-
ister 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 com-
prehensive plan required under paragraph (1).
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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 pro-
visions 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 provi-
sions of 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, ex-
cept that no such funds may be used for education efforts,
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projects, or programs that promote or encourage opposi-
tion to the regulated taking of wildlife.’’.
(h) PROHIBITION AGAINST DIVERSION.—No des-
ignated 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 Con-
gress 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 Con-
servation 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 fol-
lowing:
‘‘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:
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‘‘(1) The term ‘coastal political subdivision’
means a county, parish, or any equivalent subdivi-
sion of a Producing Coastal State all or part of
which subdivision lies within the coastal zone (as de-
fined in section 304(1) of the Coastal Zone Manage-
ment 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 Bu-
reau, contained in whole or in part within the des-
ignated 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
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•HR 5548 IH1S
8 for the purpose of drilling for, developing, and pro-
ducing 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 a morato-
rium on new leasing was in effect as of January 1,
2000, unless the lease was issued prior to the estab-
lishment 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
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•HR 5548 IH1S
Continental Shelf where a moratorium on new leas-
ing 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 sec-
tion to Producing Coastal States with an approved Coastal
Impact Assistance Plan, and to coastal political subdivi-
sions as follows:
‘‘(1) ALLOCATIONS
TO
PRODUCING
COASTAL
STATES.—In each fiscal year, each Producing Coast-
al State’s allocable share shall be equal to the sum
of the following:
‘‘(A) 60 percent of the amounts appro-
priated shall be equally divided among all Pro-
ducing Coastal States;
‘‘(B) 40 percent of the amounts appro-
priated for the purposes of this section shall be
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•HR 5548 IH1S
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 Pro-
ducing Coastal State under paragraph (1)(B) shall
be calculated based on the ratio of qualified OCS
revenues generated off the coastline of the Pro-
ducing 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 Pro-
ducing Coastal State’s payment under paragraph
(1)(B) for such leased tract shall be inversely pro-
portional 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 Sec-
retary. 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 leas-
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ing 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.
‘‘(3) PAYMENTS TO COASTAL POLITICAL SUB-
DIVISIONS.—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 sub-
division in the State of California that has a coastal
shoreline, that is not within 200 miles of the geo-
graphic 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 lo-
cated within a distance of 50 miles from the geo-
graphic center of the closest leased tract with quali-
fied Outer Continental Shelf revenues:
‘‘(A) Twenty-five percent shall be allocated
based on the ratio of such coastal political sub-
division’s coastal population to the coastal pop-
ulation of all coastal political subdivisions in the
Producing Coastal State.
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•HR 5548 IH1S
‘‘(B) Twenty-five percent shall be allocated
based on the ratio of such coastal political sub-
division’s coastline miles to the coastline miles
of all coastal political subdivisions in the Pro-
ducing Coastal State.
‘‘(C) Fifty percent shall be allocated based
on the relative distance of such coastal political
subdivision from any leased tract used to cal-
culate 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 deter-
mined by the Secretary. For purposes of the
calculations under this subparagraph, a leased
tract or portion of a leased tract shall be ex-
cluded 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 estab-
lishment of the moratorium and was in produc-
tion 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 be-
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•HR 5548 IH1S
cause of a failure to have an approved Coastal Im-
pact Assistance Plan under this section shall be allo-
cated equally by the Secretary among all other Pro-
ducing 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 sub-
mitted under this section. The Secretary may waive
the provisions of this paragraph and hold a Pro-
ducing 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 Sec-
retary, a Coastal Impact Assistance Plan. The Gov-
ernor 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 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.
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•HR 5548 IH1S
‘‘(2) APPROVAL.—The Secretary shall approve
a plan under paragraph (1) prior to disbursement of
amounts under this section. The Secretary shall ap-
prove the plan if the Secretary determines that the
plan is consistent with the uses set forth in sub-
section (f) and if the plan contains each of the fol-
lowing:
‘‘(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 pur-
poses of this section.
‘‘(B) A program for the implementation of
the plan which describes how the amounts pro-
vided under this section will be used.
‘‘(C) A contact for each political subdivi-
sion 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.
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•HR 5548 IH1S
‘‘(E) Measures for taking into account
other relevant Federal resources and programs.
‘‘(3) PROCEDURE.—The Secretary shall ap-
prove 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 re-
quirements 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 pro-
vided under this section, including any such amounts de-
posited in a State or coastal political subdivision adminis-
tered trust fund dedicated to uses consistent with this sub-
section, 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 Sen-
ate 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 nat-
ural resources, including such activities authorized
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•HR 5548 IH1S
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 sec-
tion;
‘‘(5) implementation of Federally approved ma-
rine, coastal, or comprehensive conservation manage-
ment plans; and
‘‘(6) mitigating impacts of Outer Continental
Shelf activities through funding of: (A) onshore in-
frastructure 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.
‘‘(g) COMPLIANCE WITH AUTHORIZED USES.—If the
Secretary determines that any expenditure made by a Pro-
ducing 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 po-
litical subdivision until the amounts used for the incon-
sistent expenditure have been repaid or obligated for au-
thorized uses.’’.
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TITLE X—LOCAL TV ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Launching Our Com-
munities’ 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 re-
ferred 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 Gov-
ernors 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.
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•HR 5548 IH1S
(2) REQUIREMENT AS TO DESIGNEES.—An in-
dividual 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 ap-
pointment 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 ac-
cordance with this subsection and section 4.
(2) CONSULTATION AUTHORIZED.—
(A) IN
GENERAL.—In carrying out its
functions under this Act, the Board shall con-
sult with such departments and agencies of the
Federal Government as the Board considers ap-
propriate, including the Department of Com-
merce, the Department of Agriculture, the De-
partment of the Treasury, the Department of
Justice, the Department of the Interior, the
Board of Governors of the Federal Reserve Sys-
tem, the Federal Communications Commission,
the Federal Trade Commission, and the Na-
tional Aeronautics and Space Administration.
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•HR 5548 IH1S
(B) RESPONSE.—A department or agency
consulted by the Board under subparagraph (A)
shall provide the Board such expertise and as-
sistance as the Board requires to carry out its
functions under this Act.
(3) APPROVAL BY MAJORITY VOTE.—The deter-
mination 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 appro-
priated in a bill signed into law.
(2) ELEMENTS.—The regulations prescribed
under paragraph (1) shall—
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•HR 5548 IH1S
(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 administra-
tion of the provisions of this Act; and
(F) include such other provisions con-
sistent 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 requir-
ing, to the extent and under circumstances consid-
ered appropriate by the Board, that affiliates of an
applicant be subject to certain obligations of the ap-
192
•HR 5548 IH1S
plicant as a condition to the approval or mainte-
nance of a loan guarantee under this Act.
(B) If any provision of this Act or the applica-
tion of such provision to any person or entity or cir-
cumstance is held to be invalid by a court of com-
petent 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 ap-
propriations 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 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 de-
partments and agencies with which the Board
consults under section 3, to determine which loans
may be eligible for a loan guarantee under this Act.
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•HR 5548 IH1S
(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 acqui-
sition, improvement, enhancement, construction,
deployment, launch, or rehabilitation of the
means by which local television broadcast sig-
nals will be delivered to a nonserved area or un-
derserved 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 Adminis-
tration, is not likely to have a substantial ad-
verse 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—
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•HR 5548 IH1S
(I) is provided by any entity engaged
in the business of commercial lending—
(aa) if the loan is made in ac-
cordance 
with 
loan-to-one-borrower
and affiliate transaction restrictions to
which the entity is subject under ap-
plicable 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 enti-
ty to that borrower and any of its af-
filiates does not exceed 10 percent of
the net equity of the entity; or
(II) is provided by a nonprofit cor-
poration, 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 out-
standing long-term debt that is rated with-
in the highest 3 rating categories of a na-
tionally recognized statistical rating orga-
nization;
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•HR 5548 IH1S
(ii) if the loan is provided by a lender de-
scribed in clause (i)(II) and the Board deter-
mines that the making of the loan by such lend-
er will cause a decline in such lender’s debt rat-
ing 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 Federal Agricultural Mort-
gage 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 judg-
ment of the Board, that are consistent in mate-
rial respects with the terms of similar obliga-
tions 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;
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•HR 5548 IH1S
(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 exe-
cution of the loan; or
(ii) the economically useful life, as de-
termined by the Board or in consultation
with persons or entities deemed appro-
priate 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
FINAN-
CIAL INTERESTS.—The Board may not approve the
guarantee of a loan under this Act unless—
(A) the Board has been given documenta-
tion, 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 equip-
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•HR 5548 IH1S
ment 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 in-
terests of the United States and are rea-
sonable;
(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 pur-
poses 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 regu-
latory and other approvals, spectrum li-
censes, 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
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•HR 5548 IH1S
(vi) repayment of the loan can reason-
ably 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 consid-
ering such projects, the Board shall bal-
ance projects that will serve the largest
number of households with projects that
will serve remote, isolated communities (in-
cluding noncontiguous States) in areas
that are unlikely to be served through mar-
ket mechanisms.
(ii) Second, to projects that will serve
households in underserved areas. In con-
sidering such projects, the Board shall bal-
ance projects that will serve the largest
number of households with projects that
will serve remote, isolated communities (in-
cluding noncontiguous States) in areas
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•HR 5548 IH1S
that are unlikely to be served through mar-
ket 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—
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•HR 5548 IH1S
(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 con-
sumers 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 
imple-
menting this Act, the Board shall support the use of
loan guarantees for projects that would serve house-
holds 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 ex-
ceed $1,250,000,000.
(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
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•HR 5548 IH1S
subsection, the Board shall determine that percent-
age of the loan meeting such requirements (the ‘‘ap-
plicable portion’’) and may issue a loan guarantee in
an amount not exceeding 80 percent of the applica-
ble 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 Manage-
ment and Budget and an independent public accounting
firm, develop underwriting criteria relating to the guar-
antee 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 mat-
ters as the Board considers appropriate.
(h) CREDIT RISK PREMIUMS.—
(1) ESTABLISHMENT AND ACCEPTANCE.—
(A) IN GENERAL.—The Board may estab-
lish and approve the acceptance of credit risk
premiums with respect to a loan guarantee
under this Act in order to cover the cost, as de-
fined in section 502(5) of the Federal Credit
Reform Act of 1990, of the loan guarantee. To
the extent that appropriations of budget author-
ity are insufficient to cover the cost, as so de-
termined, of a loan guarantee under this Act,
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•HR 5548 IH1S
credit risk premiums shall be accepted from a
non-Federal source under this subsection on be-
half of the applicant for the loan guarantee.
(B) AUTHORITY LIMITED BY APPROPRIA-
TIONS 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 deter-
mine 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 cir-
cumstances of the applicant for the loan
guarantee, including the amount of collat-
eral offered;
(ii) the proposed schedule of loan dis-
bursements;
(iii) the business plans of the appli-
cant 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.
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•HR 5548 IH1S
(B) PROPORTIONALITY.—To the extent
that appropriations of budget authority are suf-
ficient 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 accrue interest and
such interest shall be retained by the account,
subject to subparagraph (D).
(D) DEDUCTIONS
FROM
ESCROW
AC-
COUNT.—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 sub-
sections (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
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•HR 5548 IH1S
guarantee amount paid pursuant to this Act
shall be deducted from funds in the Escrow Ac-
count and credited to the Administrator for
payment of such shortfall. At such time as de-
termined under subsection (d)(2)(E) of this sec-
tion when all loans guaranteed under this Act
have been repaid or otherwise satisfied in ac-
cordance with this Act and the regulations pro-
mulgated 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 provi-
sion of this Act, no loan guarantee under this Act may
be granted or used to provide funds for a project that ex-
tends, 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.
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•HR 5548 IH1S
(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 ‘‘Adminis-
trator’’) shall issue and otherwise administer loan guaran-
tees 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 sat-
isfactory, 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, fa-
cilities, and operations on a continuing basis;
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•HR 5548 IH1S
(B) shall not make any discretionary divi-
dend payments that impair its ability to repay
obligations guaranteed under this Act;
(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
COLLAT-
ERAL.—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 collat-
eral secures a loan guaranteed under this Act.
(B) FORM OF COLLATERAL.—Collateral re-
quired by subparagraph (A) shall consist solely
of assets of the applicant, any affiliate of the
applicant, or both (whichever the Board con-
siders 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
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•HR 5548 IH1S
adjusted downward by the Board if the Board
reasonably believes such adjustment is appro-
priate.
(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 bal-
ance of the loan amount covered by the loan guar-
antee, 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 Ad-
ministrator and the lender shall have a perfected se-
curity 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.
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•HR 5548 IH1S
(c) ASSIGNMENT OF LOAN GUARANTEES.—The hold-
er 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 STRIP-
PING.—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 trans-
ferred separate and apart from the unguaranteed portion
of the loan.
(e) ADJUSTMENT.—The Board may approve the ad-
justment 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 secu-
rity requirements only if—
(1) the adjustment is consistent with the finan-
cial interests of the United States;
(2) consent has been obtained from the parties
to the loan agreement;
(3) the adjustment is consistent with the under-
writing criteria developed under section 4(g);
(4) the adjustment does not adversely affect the
interest of the Federal Government in the assets or
collateral of the applicant;
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•HR 5548 IH1S
(5) the adjustment does not adversely affect the
ability of the applicant to repay the loan; and
(6) the National Telecommunications and Infor-
mation 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 stip-
ulated performance schedule under that paragraph.
(g) COMPLIANCE.—The Administrator, in coopera-
tion 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 as-
sistance 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
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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 be-
half 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 respec-
tive 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 regula-
tions governing defaults on loans guaranteed under this
Act, including the administration of the payment of guar-
anteed 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 pay-
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ment made to the holder of the guarantee with re-
spect 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 Adminis-
trator 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.
(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 inter-
ests under subparagraph (A).
(k) ACTION AGAINST OBLIGOR.—
(1) AUTHORITY TO BRING CIVIL ACTION.—The
Administrator may bring a civil action in an appro-
priate district court of the United States in the
name of the United States or of the holder of the
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obligation in the event of a default on a loan guar-
anteed under this Act. The holder of a loan guar-
antee 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 ac-
cept 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
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•HR 5548 IH1S
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 guar-
antee under this Act a fee to cover the cost of the
Board in making necessary determinations and find-
ings with respect to the loan guarantee application
under this Act. The amount of the fee shall be rea-
sonable.
(2) LOAN GUARANTEE ORIGINATION FEE.—The
Board shall charge, and the Administrator may col-
lect, 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 sub-
paragraph (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.
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(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—
(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.
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(2) LIMITATION ON TRANSFER OF LOAN PRO-
CEEDS.—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 en-
tity from an obligation to the United States in con-
nection 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
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•HR 5548 IH1S
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 Af-
fairs of the Senate and the Committee on Banking and
Financial Services of the House of Representatives a re-
port 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 Commis-
sion shall—
(A) reinstate each applicant as a tentative
selectee under the covered rural service area li-
censing proceeding; and
(B) permit each applicant to amend its ap-
plication, to the extent necessary to update fac-
tual information and to comply with the rules
of the Commission, at any time before the Com-
mission’s final licensing action in the covered
rural service area licensing proceeding.
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(2) EXEMPTION FROM PETITIONS TO DENY.—
For purposes of the amended applications filed pur-
suant 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.
(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
ASSESSMENT.—
(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 Commis-
sion shall provide that, as a condition of an appli-
cant receiving a license pursuant to the covered
rural service area licensing proceeding, the applicant
shall provide cellular radiotelephone service to sub-
scribers 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
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•HR 5548 IH1S
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 Com-
mission’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
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•HR 5548 IH1S
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 grant-
ed a license, each applicant shall pay to the Commis-
sion the fee established pursuant to paragraph (3)
for the license granted to the applicant under para-
graph (1).
(5) AUCTION AUTHORITY.—If, after the amend-
ment 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 to subsection (a), the Commission
may not authorize the transfer or assignment of that li-
cense under section 310 of the Communications Act of
1934 (47 U.S.C. 310). Nothing in this Act may be con-
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•HR 5548 IH1S
strued to prohibit any applicant granted a license pursu-
ant 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 Tele-
phone 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
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•HR 5548 IH1S
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 ‘‘ten-
tative 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 deter-
mined whether the party is qualified under the Com-
mission’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 dis-
tributor’s relationship with the subscriber includes
billing, collection, service activation, and service de-
activation.’’.
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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 con-
trols, or is controlled by, or is under common
control with, another person or entity; and
(B) may include any individual who is a di-
rector or senior management officer of an affil-
iate, a shareholder controlling more than 25
percent of the voting securities of an affiliate,
or more than 25 percent of the ownership inter-
est 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 de-
termined using standards employed by the Fed-
eral 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.
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(3) UNDERSERVED AREA.—The term ‘‘under-
served area’’ means any area that—
(A) is outside the grade A contour (as de-
termined using standards employed by the Fed-
eral 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 au-
thorized to be appropriated such sums as may be nec-
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•HR 5548 IH1S
essary to carry out the provisions of this Act, other than
to cover costs under subsection (a).
(c) AVAILABILITY.—Any amounts appropriated pur-
suant to the authorizations of appropriations in sub-
sections (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 sat-
isfy the requirement of subsection (a) for any pending ap-
plication, 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 simi-
lar independent professional organization, to perform the
technical demonstration or analysis. The demonstration
shall be concluded within 60 days after the date of enact-
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•HR 5548 IH1S
ment 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
FRE-
QUENCY
BAND.—The term ‘‘direct broadcast sat-
ellite 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 IMMI-
GRANT FAMILY REUNIFICA-
TION
SEC. 1101. SHORT TITLE.
This title may be cited as—
(1) the ‘‘Legal Immigration Family Equity
Act’’; or
(2) the ‘‘LIFE Act’’.
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SEC. 1102. NONIMMIGRANT STATUS FOR SPOUSES AND
CHILDREN 
OF 
PERMANENT 
RESIDENTS
AWAITING THE AVAILABILITY OF AN IMMI-
GRANT VISA; PROVISIONS AFFECTING SUBSE-
QUENT ADJUSTMENT OF STATUS FOR SUCH
NONIMMIGRANTS.
(a) IN GENERAL.—Section 101(a)(15) of the Immi-
gration 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 sec-
tion 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 Eq-
uity Act, if—
‘‘(i) such petition has been pending for 3
years or more; or
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•HR 5548 IH1S
‘‘(ii) such petition has been approved, 3
years or more have elapsed since such filing
date, and—
‘‘(I) an immigrant visa is not imme-
diately 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 im-
migrant 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 STA-
TUS.—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 ‘employment authorized’
endorsement or other appropriate document signi-
fying authorization of employment; and
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•HR 5548 IH1S
‘‘(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 re-
ceive 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 immi-
grant visa pursuant to the approval of such pe-
tition.
‘‘(iii) The alien’s application for adjust-
ment 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
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•HR 5548 IH1S
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 Nation-
ality 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 deter-
mines 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 Attor-
ney General, in the discretion of the Attorney General and
under such regulations as the Attorney General may pre-
scribe, to that of an alien lawfully admitted for permanent
residence, if—
‘‘(A) the alien makes an application for such
adjustment;
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‘‘(B) the alien is eligible to receive an immi-
grant visa and is admissible to the United States for
permanent residence, except in determining such ad-
missibility, 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 adjust-
ment made under paragraph (1), the Attorney General
shall record the alien’s lawful admission for permanent
residence as of the date the order 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
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•HR 5548 IH1S
remits with such application a sum equalling $1,000, ex-
cept 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 re-
quired 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 Immi-
gration Examination Fee Account established under sec-
tion 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 sec-
tion 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 ad-
justment under such subsection. In the case of such an
application, the alien shall be required to remit only the
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•HR 5548 IH1S
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 ‘‘sub-
section (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 bene-
ficiary 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.
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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 Im-
migration 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 sec-
tion 214, an alien who—
‘‘(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 mar-
riage with the petitioner within ninety days
after admission;
‘‘(ii) has concluded a valid marriage with a
citizen of the United States who is the peti-
tioner, 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 de-
scribed in clause (i) or (ii) and is accom-
panying, or following to join, the alien;’’.
(b) PROVISIONS AFFECTING NONIMMIGRANT STA-
TUS.—Section 214 of the Immigration and Nationality
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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 provi-
sions 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 regula-
tion, 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 sec-
tion 101(a)(15)(K)(ii), and any child of such a non-
immigrant who was admitted as accompanying, or fol-
lowing to join, such a nonimmigrant, the period of author-
ized admission shall terminate 30 days after the date on
which any of the following is denied:
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‘‘(A) The petition filed under section 204 to ac-
cord 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 pe-
tition.
‘‘(C) The principal alien’s application for ad-
justment 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 STA-
TUS.—Section 216 of the Immigration and Nation-
ality 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 sec-
tion 214’’.
(3) ADJUSTMENT OF STATUS.—Section 245 of
the Immigration and Nationality Act (8 U.S.C.
1255) is amended—
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•HR 5548 IH1S
(A) in subsection (d), by striking ‘‘(relat-
ing to an alien fiancee or fiance or the minor
child of such alien)’’; and
(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 bene-
ficiary 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 AC-
TION PARTICIPANTS WHO ENTERED BEFORE
JANUARY 1, 1982, TO THAT OF PERSON AD-
MITTED FOR LAWFUL RESIDENCE.
(a) IN GENERAL.—In the case of an eligible alien de-
scribed 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 writ-
ten claim for class membership, with or without a filing
fee, pursuant to a court order issued in the case of—
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•HR 5548 IH1S
(1) Catholic Social Services, Inc. v. Meese, va-
cated 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 AD-
JUSTMENT
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 sec-
tion are the following:
(1) 
TEMPORARY
RESIDENT
STATUS.—Sub-
section (a) of such section 245A shall not apply.
(2) ADJUSTMENT
TO
PERMANENT
RESIDENT
STATUS.—In lieu of paragraphs (1) and (2) of sub-
section (b) of such section 245A, the Attorney Gen-
eral shall be required to adjust the status of an eligi-
ble alien described in subsection (b) of this section
to that of an alien lawfully admitted for permanent
residence if the alien meets the following require-
ments:
(A) APPLICATION
PERIOD.—The alien
must file with the Attorney General an applica-
tion for such adjustment during the 12-month
period beginning on the date on which the At-
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•HR 5548 IH1S
torney General issues final regulations to imple-
ment this section.
(B) 
CONTINUOUS
UNLAWFUL
RESI-
DENCE.—
(i) IN GENERAL.—The alien must es-
tablish 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 subpara-
graph, 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.
(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 pe-
riod of authorized stay as a nonimmigrant
expired before such date through the pas-
sage of time or the alien’s unlawful status
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•HR 5548 IH1S
was known to the Government as of such
date.
(iii) EXCHANGE
VISITORS.—If the
alien was at any time a nonimmigrant ex-
change 
alien 
(as 
defined 
in 
section
101(a)(15)(J) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(J)),
the alien must establish that the alien was
not subject to the two-year foreign resi-
dence requirement of section 212(e) of
such Act or has fulfilled that requirement
or received a waiver thereof.
(iv) 
CUBAN
AND
HAITIAN
EN-
TRANTS.—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 es-
tablish that the alien was continuously
physically present in the United States
during the period beginning on November
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•HR 5548 IH1S
6, 1986, and ending on May 4, 1988, ex-
cept that—
(I) an alien shall not be consid-
ered to have failed to maintain contin-
uous physical presence in the United
States for purposes of this subpara-
graph 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 ad-
vance 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 pro-
241
•HR 5548 IH1S
vided under section 245A(d)(2) of the Im-
migration and Nationality Act;
(ii) has not been convicted of any fel-
ony or of three or more misdemeanors
committed in the United States;
(iii) has not assisted in the persecu-
tion 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.—
(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 gov-
ernment of the United States); or
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•HR 5548 IH1S
(II) is satisfactorily pursuing a
course of study (recognized by the At-
torney 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 DE-
VELOPMENTALLY
DISABLED
INDIVID-
UALS.—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 dis-
abled.
(iii) RELATION
TO
NATURALIZATION
EXAMINATION.—In accordance with regu-
lations 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 Na-
tionality Act may be considered to have
satisfied the requirements of that section
for purposes of becoming naturalized as a
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•HR 5548 IH1S
citizen of the United States under title III
of such Act.
(3) TEMPORARY STAY OF REMOVAL, AUTHOR-
IZED
TRAVEL, AND
EMPLOYMENT
DURING
PEND-
ENCY
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 per-
manent 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 re-
moved from the United States;
(B) the Attorney General shall, in accord-
ance with regulations, permit the alien to re-
turn 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 perma-
nent resident status and after brief temporary
trips abroad occasioned by a family obligation
involving an occurrence such as the illness or
244
•HR 5548 IH1S
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.—Sub-
section (c)(5) of such section 245A shall apply to in-
formation furnished by an eligible alien described in
subsection (b) pursuant to any application filed
under such section 245A or this section, except that
the Attorney General (and other officials and em-
ployees of the Department of Justice and any bu-
reau 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
EMPLOYMENT
PRACTICES.—Notwith-
standing subsection (c)(7)(C) of such section 245A,
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•HR 5548 IH1S
no application fee paid to the Attorney General pur-
suant 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 de-
scribed in paragraph (2)(A) and who can establish
a prima facie case of eligibility to have his status ad-
justed under such section 245A pursuant to this sec-
tion (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 en-
gage in employment in the United States and
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•HR 5548 IH1S
be provided an ‘‘employment authorized’’ en-
dorsement or other appropriate work permit.
(8) JURISDICTION OF COURTS.—Effective as of
November 6, 1986, subsection (f)(4)(C) of such sec-
tion 245A shall not apply to an eligible alien de-
scribed 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 judi-
cial review of a determination under this section or of a
determination respecting an application for adjustment of
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•HR 5548 IH1S
status under section 245A of the Immigration and Nation-
ality Act filed pursuant to this section.
(g) DEFINITION.—For purposes of this section, the
term ‘‘such section 245A’’ means section 245A of the Im-
migration 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 Judi-
ciary, and Related Agencies Appropriations Act, 2001’’.
Æ