[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5548 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5548

  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 2001, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2000

  Mr. Rogers introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
              September 30, 2001, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2001, and for 
other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $88,713,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $8,136,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 2000: Provided further, That not to exceed 41 
permanent positions and 48 full-time equivalent workyears and 
$4,811,000 shall be expended for the Offices of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices may utilize non-reimbursable details of career employees within 
the caps described in the aforementioned proviso: Provided further, 
That the Attorney General is authorized to transfer, under such terms 
and conditions as the Attorney General shall specify, forfeited real or 
personal property of limited or marginal value, as such value is 
determined by guidelines established by the Attorney General, to a 
State or local government agency, or its designated contractor or 
transferee, for use to support drug abuse treatment, drug and crime 
prevention and education, housing, job skills, and other community-
based public health and safety programs: Provided further, That any 
transfer under the preceding proviso shall not create or confer any 
private right of action in any person against the United States, and 
shall be treated as a reprogramming under section 605 of this Act.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System including automated capability to transmit 
fingerprint and image data, $15,915,000, to remain available until 
expended.

                       narrowband communications

    For the costs of conversion to narrowband communications, including 
the cost for operation and maintenance of Land Mobile Radio legacy 
systems, $205,000,000, to remain available until expended.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$5,000,000, to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility 
which has been damaged or destroyed as a result of any domestic or 
international terrorist incident; and (2) the costs of providing 
support to counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with these 
activities: Provided, That any Federal agency may be reimbursed for the 
costs of detaining in foreign countries individuals accused of acts of 
terrorism that violate the laws of the United States: Provided further, 
That funds provided under this paragraph shall be available only after 
the Attorney General notifies the Committees on Appropriations of the 
House of Representatives and the Senate in accordance with section 605 
of this Act.

               telecommunications carrier compliance fund

    For payments authorized by section 109 of the Communications 
Assistance for Law Enforcement Act (47 U.S.C. 1008), $201,420,000, to 
remain available until expended.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $161,062,000.

                           detention trustee

    For necessary expenses to establish a Federal Detention Trustee who 
shall exercise all power and functions authorized by law relating to 
the detention of Federal prisoners in non-Federal institutions or 
otherwise in the custody of the United States Marshals Service; and the 
detention of aliens in the custody of the Immigration and 
Naturalization Service, $1,000,000: Provided, That the Trustee shall be 
responsible for construction of detention facilities or for housing 
related to such detention; the management of funds appropriated to the 
Department for the exercise of any detention functions; and the 
direction of the United States Marshals Service and Immigration and 
Naturalization Service with respect to the exercise of detention policy 
setting and operations for the Department.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $41,575,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to the 
general purchase price limitation for the current fiscal year.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $8,855,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $535,771,000; of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the funds available in this appropriation, 
$18,877,000 shall remain available until expended only for office 
automation systems for the legal divisions covered by this 
appropriation, and for the United States Attorneys, the Antitrust 
Division, the United States Trustee Program, the Executive Office for 
Immigration Review, the Community Relations Service, and offices funded 
through ``Salaries and Expenses'', General Administration: Provided 
further, That of the total amount appropriated, not to exceed $1,000 
shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $95,838,000: Provided, That, notwithstanding section 3302(b) of 
title 31, United States Code, not to exceed $95,838,000 of offsetting 
collections derived from fees collected in fiscal year 2001 for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for 
necessary expenses in this appropriation, and shall remain available 
until expended: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2001, so as to result in a final fiscal 
year 2001 appropriation from the general fund estimated at not more 
than $0.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,250,382,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2002, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, That 
not to exceed $2,500,000 for the operation of the National Advocacy 
Center shall remain available until expended: Provided further, That 
the fourth proviso under the heading ``Salaries and Expenses, United 
States Attorneys'' in title I of H.R. 3421 of the 106th Congress, as 
enacted by section 1000(a)(1) of Public Law 106-113 shall apply to 
amounts made available under this heading for fiscal year 2001: 
Provided further, That, in addition to reimbursable full-time 
equivalent workyears available to the Offices of the United States 
Attorneys, not to exceed 9,439 positions and 9,557 full-time equivalent 
workyears shall be supported from the funds appropriated in this Act 
for the United States Attorneys.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized by 28 U.S.C. 589a(a), $125,997,000, to remain available 
until expended and to be derived from the United States Trustee System 
Fund: Provided, That, notwithstanding any other provision of law, 
deposits to the Fund shall be available in such amounts as may be 
necessary to pay refunds due depositors: Provided further, That, 
notwithstanding any other provision of law, $125,997,000 of offsetting 
collections pursuant to 28 U.S.C. 589a(b) shall be retained and used 
for necessary expenses in this appropriation and remain available until 
expended: Provided further, That the sum herein appropriated from the 
Fund shall be reduced as such offsetting collections are received 
during fiscal year 2001, so as to result in a final fiscal year 2001 
appropriation from the Fund estimated at $0.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,107,000.

         salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles, and the purchase of passenger motor vehicles for police-type 
use, without regard to the general purchase price limitation for the 
current fiscal year, $572,695,000; of which not to exceed $6,000 shall 
be available for official reception and representation expenses; and of 
which not to exceed $4,000,000 for development, implementation, 
maintenance and support, and training for an automated prisoner 
information system shall remain available until expended: Provided, 
That, in addition to reimbursable full-time equivalent workyears 
available to the United States Marshals Service, not to exceed 3,947 
positions and 3,895 full-time equivalent workyears shall be supported 
from the funds appropriated in this Act for the United States Marshals 
Service.

                              construction

    For planning, constructing, renovating, equipping, and maintaining 
United States Marshals Service prisoner-holding space in United States 
courthouses and Federal buildings, including the renovation and 
expansion of prisoner movement areas, elevators, and sallyports, 
$18,128,000, to remain available until expended.

 justice prisoner and alien transportation system fund, united states 
                            marshals service

    Beginning in fiscal year 2000 and thereafter, payment shall be made 
from the Justice Prisoner and Alien Transportation System Fund for 
necessary expenses related to the scheduling and transportation of 
United States prisoners and illegal and criminal aliens in the custody 
of the United States Marshals Service, as authorized in 18 U.S.C. 4013, 
including, without limitation, salaries and expenses, operations, and 
the acquisition, lease, and maintenance of aircraft and support 
facilities: Provided, That the Fund shall be reimbursed or credited 
with advance payments from amounts available to the Department of 
Justice, other Federal agencies, and other sources at rates that will 
recover the expenses of Fund operations, including, without limitation, 
accrual of annual leave and depreciation of plant and equipment of the 
Fund: Provided further, That proceeds from the disposal of Fund 
aircraft shall be credited to the Fund: Provided further, That amounts 
in the Fund shall be available without fiscal year limitation, and may 
be used for operating equipment lease agreements that do not exceed 10 
years.
    In addition, $13,500,000, to remain available until expended, shall 
be available only for the purchase of two Sabreliner-class aircraft.

                       federal prisoner detention

    For expenses, related to United States prisoners in the custody of 
the United States Marshals Service, but not including expenses 
otherwise provided for in appropriations available to the Attorney 
General, $597,402,000, to remain available until expended: Provided, 
That hereafter amounts appropriated for Federal Prisoner Detention 
shall be available to reimburse the Federal Bureau of Prisons for 
salaries and expenses of transporting, guarding and providing medical 
care outside of Federal penal and correctional institutions to 
prisoners awaiting trial or sentencing.

                     fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, 
for expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, and for per diems in lieu of 
subsistence, as authorized by law, including advances, $125,573,000, to 
remain available until expended; of which not to exceed $6,000,000 may 
be made available for planning, construction, renovations, maintenance, 
remodeling, and repair of buildings, and the purchase of equipment 
incident thereto, for protected witness safesites; of which not to 
exceed $1,000,000 may be made available for the purchase and 
maintenance of armored vehicles for transportation of protected 
witnesses; and of which not to exceed $5,000,000 may be made available 
for the purchase, installation, and maintenance of secure 
telecommunications equipment and a secure automated information network 
to store and retrieve the identities and locations of protected 
witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$8,475,000 and, in addition, up to $1,000,000 of funds made available 
to the Department of Justice in this Act may be transferred by the 
Attorney General to this account: Provided, That notwithstanding any 
other provision of law, upon a determination by the Attorney General 
that emergent circumstances require additional funding for conflict 
prevention and resolution activities of the Community Relations 
Service, the Attorney General may transfer such amounts to the 
Community Relations Service, from available appropriations for the 
current fiscal year for the Department of Justice, as may be necessary 
to respond to such circumstances: Provided further, That any transfer 
pursuant to the previous proviso shall be treated as a reprogramming 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), 
and (G), as amended, $23,000,000, to be derived from the Department of 
Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation

                        administrative expenses

    For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,000,000.

         payment to radiation exposure compensation trust fund

    For payments to the Radiation Exposure Compensation Trust Fund of 
claims covered by the Radiation Exposure Compensation Act as in effect 
on June 1, 2000, $10,800,000.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include inter-governmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized 
crime drug trafficking, $325,898,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures described in section 605 
of this Act.

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 1,236 
passenger motor vehicles, of which 1,142 will be for replacement only, 
without regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance, and operation of aircraft; and not to exceed $70,000 to 
meet unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General, $3,235,600,000; of which not to 
exceed $50,000,000 for automated data processing and telecommunications 
and technical investigative equipment and not to exceed $1,000,000 for 
undercover operations shall remain available until September 30, 2002; 
of which not less than $437,650,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $10,000,000 is 
authorized to be made available for making advances for expenses 
arising out of contractual or reimbursable agreements with State and 
local law enforcement agencies while engaged in cooperative activities 
related to violent crime, terrorism, organized crime, and drug 
investigations: Provided, That not to exceed $45,000 shall be available 
for official reception and representation expenses: Provided further, 
That, in addition to reimbursable full-time equivalent workyears 
available to the Federal Bureau of Investigation, not to exceed 25,569 
positions and 25,142 full-time equivalent workyears shall be supported 
from the funds appropriated in this Act for the Federal Bureau of 
Investigation: Provided further, That no funds in this Act may be used 
to provide ballistics imaging equipment to any State or local authority 
which has obtained similar equipment through a Federal grant or subsidy 
unless the State or local authority agrees to return that equipment or 
to repay that grant or subsidy to the Federal Government.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $16,687,000, to remain 
available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to 
be accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,358 passenger motor vehicles, of 
which 1,079 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft, 
$1,363,309,000; of which not to exceed $1,800,000 for research shall 
remain available until expended, and of which not to exceed $4,000,000 
for purchase of evidence and payments for information, not to exceed 
$10,000,000 for contracting for automated data processing and 
telecommunications equipment, and not to exceed $2,000,000 for 
laboratory equipment, $4,000,000 for technical equipment, and 
$2,000,000 for aircraft replacement retrofit and parts, shall remain 
available until September 30, 2002; of which not to exceed $50,000 
shall be available for official reception and representation expenses: 
Provided, That, in addition to reimbursable full-time equivalent 
workyears available to the Drug Enforcement Administration, not to 
exceed 7,520 positions and 7,412 full-time equivalent workyears shall 
be supported from the funds appropriated in this Act for the Drug 
Enforcement Administration.

                 Immigration and Naturalization Service

                         salaries and expenses

    For expenses necessary for the administration and enforcement of 
the laws relating to immigration, naturalization, and alien 
registration, as follows:

                     enforcement and border affairs

    For salaries and expenses for the Border Patrol program, the 
detention and deportation program, the intelligence program, the 
investigations program, and the inspections program, including not to 
exceed $50,000 to meet unforeseen emergencies of a confidential 
character, to be expended under the direction of, and to be accounted 
for solely under the certificate of, the Attorney General; purchase for 
police-type use (not to exceed 3,165 passenger motor vehicles, of which 
2,211 are for replacement only), without regard to the general purchase 
price limitation for the current fiscal year, and hire of passenger 
motor vehicles; acquisition, lease, maintenance and operation of 
aircraft; research related to immigration enforcement; for protecting 
and maintaining the integrity of the borders of the United States 
including, without limitation, equipping, maintaining, and making 
improvements to the infrastructure; and for the care and housing of 
Federal detainees held in the joint Immigration and Naturalization 
Service and United States Marshals Service's Buffalo Detention 
Facility, $2,547,057,000; of which not to exceed $10,000,000 shall be 
available for costs associated with the training program for basic 
officer training, and $5,000,000 is for payments or advances arising 
out of contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
immigration; of which not to exceed $5,000,000 is to fund or reimburse 
other Federal agencies for the costs associated with the care, 
maintenance, and repatriation of smuggled illegal aliens: Provided, 
That none of the funds available to the Immigration and Naturalization 
Service shall be available to pay any employee overtime pay in an 
amount in excess of $30,000 during the calendar year beginning January 
1, 2001: Provided further, That uniforms may be purchased without 
regard to the general purchase price limitation for the current fiscal 
year: Provided further, That, in addition to reimbursable full-time 
equivalent workyears available to the Immigration and Naturalization 
Service, not to exceed 19,783 positions and 19,191 full-time equivalent 
workyears shall be supported from the funds appropriated under this 
heading in this Act for the Immigration and Naturalization Service: 
Provided further, That none of the funds provided in this or any other 
Act shall be used for the continued operation of the San Clemente and 
Temecula checkpoints unless the checkpoints are open and traffic is 
being checked on a continuous 24-hour basis.

  citizenship and benefits, immigration support and program direction

    For all programs of the Immigration and Naturalization Service not 
included under the heading ``Enforcement and Border Affairs'', 
$578,819,000, of which not to exceed $400,000 for research shall remain 
available until expended: Provided, That not to exceed $5,000 shall be 
available for official reception and representation expenses: Provided 
further, That the Attorney General may transfer any funds appropriated 
under this heading and the heading ``Enforcement and Border Affairs'' 
between said appropriations notwithstanding any percentage transfer 
limitations imposed under this appropriation Act and may direct such 
fees as are collected by the Immigration and Naturalization Service to 
the activities funded under this heading and the heading ``Enforcement 
and Border Affairs'' for performance of the functions for which the 
fees legally may be expended: Provided further, That not to exceed 40 
permanent positions and 40 full-time equivalent workyears and 
$4,300,000 shall be expended for the Offices of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices shall not be augmented by personnel details, temporary 
transfers of personnel on either a reimbursable or non-reimbursable 
basis, or any other type of formal or informal transfer or 
reimbursement of personnel or funds on either a temporary or long-term 
basis: Provided further, That the number of positions filled through 
non-career appointment at the Immigration and Naturalization Service, 
for which funding is provided in this Act or is otherwise made 
available to the Immigration and Naturalization Service, shall not 
exceed four permanent positions and four full-time equivalent 
workyears: Provided further, That none of the funds available to the 
Immigration and Naturalization Service shall be used to pay any 
employee overtime pay in an amount in excess of $30,000 during the 
calendar year beginning January 1, 2001: Provided further, That funds 
may be used, without limitation, for equipping, maintaining, and making 
improvements to the infrastructure and the purchase of vehicles for 
police-type use within the limits of the Enforcement and Border Affairs 
appropriation: Provided further, That, in addition to reimbursable 
full-time equivalent workyears available to the Immigration and 
Naturalization Service, not to exceed 3,100 positions and 3,150 full-
time equivalent workyears shall be supported from the funds 
appropriated under this heading in this Act for the Immigration and 
Naturalization Service: Provided further, That, notwithstanding any 
other provision of law, during fiscal year 2001, the Attorney General 
is authorized and directed to impose disciplinary action, including 
termination of employment, pursuant to policies and procedures 
applicable to employees of the Federal Bureau of Investigation, for any 
employee of the Immigration and Naturalization Service who violates 
policies and procedures set forth by the Department of Justice relative 
to the granting of citizenship or who willfully deceives the Congress 
or department leadership on any matter.

                              construction

    For planning, construction, renovation, equipping, and maintenance 
of buildings and facilities necessary for the administration and 
enforcement of the laws relating to immigration, naturalization, and 
alien registration, not otherwise provided for, $133,302,000, to remain 
available until expended: Provided, That no funds shall be available 
for the site acquisition, design, or construction of any Border Patrol 
checkpoint in the Tucson sector.

                         Federal Prison System

                         salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 707, of which 600 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments, $3,476,889,000: Provided, That the 
Attorney General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct expenditures 
by that Administration for medical relief for inmates of Federal penal 
and correctional institutions: Provided further, That the Director of 
the Federal Prison System (FPS), where necessary, may enter into 
contracts with a fiscal agent/fiscal intermediary claims processor to 
determine the amounts payable to persons who, on behalf of FPS, furnish 
health services to individuals committed to the custody of FPS: 
Provided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $90,000,000 shall remain available for necessary 
operations until September 30, 2002: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, as amended, for the care and security in the United States of 
Cuban and Haitian entrants: Provided further, That the Director of the 
Federal Prison System may accept donated property and services relating 
to the operation of the prison card program from a not-for-profit 
entity which has operated such program in the past notwithstanding the 
fact that such not-for-profit entity furnishes services under contracts 
to the Federal Prison System relating to the operation of pre-release 
services, halfway houses or other custodial facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$835,660,000, to remain available until expended, of which not to 
exceed $14,000,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation: Provided further, 
That not to exceed 10 percent of the funds appropriated to ``Buildings 
and Facilities'' in this or any other Act may be transferred to 
``Salaries and Expenses'', Federal Prison System, upon notification by 
the Attorney General to the Committees on Appropriations of the House 
of Representatives and the Senate in compliance with provisions set 
forth in section 605 of this Act.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase of (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,429,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which the said accounting system 
requires to be capitalized or charged to cost of commodities acquired 
or produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other 
property belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended (``the 1968 Act''), and the Missing Children's 
Assistance Act, as amended, including salaries and expenses in 
connection therewith, and with the Victims of Crime Act of 1984, as 
amended, $197,239,000, to remain available until expended, as 
authorized by section 1001 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended by Public Law 102-534 (106 Stat. 
3524).
    In addition, for grants, cooperative agreements, and other 
assistance authorized by sections 821 and 822 of the Antiterrorism and 
Effective Death Penalty Act of 1996 and for other counterterrorism 
programs, $220,980,000, to remain available until expended.

               state and local law enforcement assistance

    For assistance authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994 
Act''); the Omnibus Crime Control and Safe Streets Act of 1968, as 
amended (``the 1968 Act''); and the Victims of Child Abuse Act of 1990, 
as amended (``the 1990 Act''), $2,848,929,000 (including amounts for 
administrative costs, which shall be transferred to and merged with the 
``Justice Assistance'' account), to remain available until expended as 
follows:
            (1) $523,000,000 for Local Law Enforcement Block Grants, 
        pursuant to H.R. 728 as passed by the House of Representatives 
        on February 14, 1995, except that for purposes of this Act, 
        Guam shall be considered a ``State'', the Commonwealth of 
        Puerto Rico shall be considered a ``unit of local government'' 
        as well as a ``State'', for the purposes set forth in 
        paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of 
        H.R. 728 and for establishing crime prevention programs 
        involving cooperation between community residents and law 
        enforcement personnel in order to control, detect, or 
        investigate crime or the prosecution of criminals: Provided, 
        That no funds provided under this heading may be used as 
        matching funds for any other Federal grant program, of which:
                    (a) $60,000,000 shall be for Boys and Girls Clubs 
                in public housing facilities and other areas in 
                cooperation with State and local law enforcement: 
                Provided, That funds may also be used to defray the 
                costs of indemnification insurance for law enforcement 
                officers, and
                    (b) $20,000,000 shall be available to carry out 
                section 102(2) of H.R. 728;
            (2) $400,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 242(j) of the Immigration and 
        Nationality Act, as amended;
            (3) $686,500,000 for Violent Offender Incarceration and 
        Truth in Sentencing Incentive Grants pursuant to subtitle A of 
        title II of the 1994 Act, of which:
                    (a) $165,000,000 shall be available for payments to 
                States for incarceration of criminal aliens,
                    (b) $35,000,000 shall be available for the 
                Cooperative Agreement Program,
                    (c) $34,000,000 shall be reserved by the Attorney 
                General for fiscal year 2001 under section 20109(a) of 
                subtitle A of title II of the 1994 Act, and
                    (d) $2,000,000 shall be for the review of State 
                environmental impact statements;
            (4) $8,000,000 for the Tribal Courts Initiative;
            (5) $569,050,000 for programs authorized by part E of title 
        I of the 1968 Act, notwithstanding the provisions of section 
        511 of said Act, of which $69,050,000 shall be for 
        discretionary grants under the Edward Byrne Memorial State and 
        Local Law Enforcement Assistance Programs;
            (6) $11,500,000 for the Court Appointed Special Advocate 
        Program, as authorized by section 218 of the 1990 Act;
            (7) $2,000,000 for Child Abuse Training Programs for 
        Judicial Personnel and Practitioners, as authorized by section 
        224 of the 1990 Act;
            (8) $210,179,000 for Grants to Combat Violence Against 
        Women, to States, units of local government, and Indian tribal 
        governments, as authorized by section 1001(a)(18) of the 1968 
        Act, of which:
                    (a) $31,625,000 shall be used exclusively for the 
                purpose of strengthening civil legal assistance 
                programs for victims of domestic violence,
                    (b) $5,200,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women,
                    (c) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, to be administered as authorized by part C of 
                the Juvenile Justice and Delinquency Act of 1974, as 
                amended, and
                    (d) $11,000,000 shall be used exclusively for 
                violence on college campuses;
            (9) $34,000,000 for Grants to Encourage Arrest Policies to 
        States, units of local government, and Indian tribal 
        governments, as authorized by section 1001(a)(19) of the 1968 
        Act;
            (10) $25,000,000 for Rural Domestic Violence and Child 
        Abuse Enforcement Assistance Grants, as authorized by section 
        40295 of the 1994 Act;
            (11) $5,000,000 for training programs to assist probation 
        and parole officers who work with released sex offenders, as 
        authorized by section 40152(c) of the 1994 Act, and for local 
        demonstration projects;
            (12) $1,000,000 for grants for televised testimony, as 
        authorized by section 1001(a)(7) of the 1968 Act;
            (13) $63,000,000 for grants for residential substance abuse 
        treatment for State prisoners, as authorized by section 
        1001(a)(17) of the 1968 Act;
            (14) $5,000,000 for demonstration grants on alcohol and 
        crime in Indian Country;
            (15) $900,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (16) $50,000,000 for Drug Courts, as authorized by title V 
        of the 1994 Act;
            (17) $1,500,000 for Law Enforcement Family Support 
        Programs, as authorized by section 1001(a)(21) of the 1968 Act;
            (18) $2,000,000 for public awareness programs addressing 
        marketing scams aimed at senior citizens, as authorized by 
        section 250005(3) of the 1994 Act;
            (19) $250,000,000 for Juvenile Accountability Incentive 
        Block Grants (of which $500,000 shall be used to construct a 
        treatment and security facility for mid-risk youth in Southwest 
        Colorado) except that such funds shall be subject to the same 
        terms and conditions as set forth in the provisions under this 
        heading for this program in Public Law 105-119, but all 
        references in such provisions to 1998 shall be deemed to refer 
        instead to 2001, and Guam shall be considered a ``State'' for 
        the purposes of title III of H.R. 3, as passed by the House of 
        Representatives on May 8, 1997; and
            (20) $1,300,000 for Motor Vehicle Theft Prevention 
        Programs, as authorized by section 220002(h) of the 1994 Act:
Provided further, That funds made available in fiscal year 2001 under 
subpart 1 of part E of title I of the 1968 Act may be obligated for 
programs to assist States in the litigation processing of death penalty 
Federal habeas corpus petitions and for drug testing initiatives: 
Provided further, That, if a unit of local government uses any of the 
funds made available under this title to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service: Provided further, That 
balances for these programs may be transferred from the Violent Crime 
Reduction Programs, State and Local Law Enforcement Assistance account 
to this account.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $34,000,000, to remain available until expended, 
for inter-governmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement 
agencies, non-profit organizations, and agencies of local government, 
engaged in the investigation and prosecution of violent crimes and drug 
offenses in ``Weed and Seed'' designated communities, and for either 
reimbursements or transfers to appropriation accounts of the Department 
of Justice and other Federal agencies which shall be specified by the 
Attorney General to execute the ``Weed and Seed'' program strategy: 
Provided, That funds designated by Congress through language for other 
Department of Justice appropriation accounts for ``Weed and Seed'' 
program activities shall be managed and executed by the Attorney 
General through the Executive Office for Weed and Seed: Provided 
further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                  Community Oriented Policing Services

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'') 
(including administrative costs), $1,032,325,000, to remain available 
until expended; of which $130,000,000 shall be available to the Office 
of Justice Programs to carry out section 102 of the Crime 
Identification Technology Act of 1998 (42 U.S.C. 14601), of which 
$35,000,000 is for grants to upgrade criminal records, as authorized by 
section 106(b) of the Brady Handgun Violence Prevention Act of 1993, as 
amended, and section 4(b) of the National Child Protection Act of 1993, 
of which $17,500,000 is for the National Institute of Justice to 
develop school safety technologies, and of which $30,000,000 shall be 
for State and local DNA laboratories as authorized by section 
1001(a)(22) of the 1968 Act, as well as for improvements to the State 
and local forensic laboratory general forensic science capabilities to 
reduce States' DNA convicted offender sample backlog and for awards to 
State, local, and private laboratories; of which $566,825,000 is for 
Public Safety and Community Policing Grants pursuant to title I of the 
1994 Act, of which $180,000,000 shall be available for school resource 
officers, of which $35,000,000 shall be used to improve tribal law 
enforcement including equipment and training, of which $25,500,000 
shall be used for the Matching Grant Program for Law Enforcement Armor 
Vests pursuant to section 2501 of part Y of the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''), as amended, of which 
$29,500,000 shall be used for Police Corps education, training, and 
service as set forth in sections 200101-200113 of the 1994 Act, and of 
which $15,000,000 shall be used to combat violence in schools; of which 
$140,000,000 shall be used for a law enforcement technology program; of 
which $48,500,000 shall be used for policing initiatives to combat 
methamphetamine production and trafficking and to enhance policing 
initiatives in drug ``hot spots''; of which $75,000,000 shall be for 
grants to States and units of local government for a Community 
Prosecution Program in areas of high gun-related violent crime to 
address gun-related violence and violations of gun statutes in cases 
involving drug-trafficking or gang-related crime; of which $25,000,000 
shall be used for the Community Prosecutors program; of which 
$17,000,000 shall be for a police integrity program; and of which 
$30,000,000 shall be for an offender re-entry program: Provided, That 
of the amount provided for Public Safety and Community Policing Grants, 
not to exceed $31,825,000 shall be expended for program management and 
administration: Provided further, That of the unobligated balances 
available in this program, $5,000,000 shall be available to improve 
tribal law enforcement including equipment and training: Provided 
further, That no funds that become available as a result of 
deobligations from prior year balances, excluding those for program 
management and administration, may be obligated except in accordance 
with section 605 of this Act.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, (``the Act''), including salaries and expenses in 
connection therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $279,097,000, to remain 
available until expended, as authorized by section 299 of part I of 
title II and section 506 of title V of the Act, as amended by Public 
Law 102-586, of which: (1) notwithstanding any other provision of law, 
$6,847,000 shall be available for expenses authorized by part A of 
title II of the Act, $89,000,000 shall be available for expenses 
authorized by part B of title II of the Act, and $50,250,000 shall be 
available for expenses authorized by part C of title II of the Act: 
Provided, That $26,500,000 of the amounts provided for part B of title 
II of the Act, as amended, is for the purpose of providing additional 
formula grants under part B to States that provide assurances to the 
Administrator that the State has in effect (or will have in effect no 
later than 1 year after date of application) policies and programs, 
that ensure that juveniles are subject to accountability-based 
sanctions for every act for which they are adjudicated delinquent; (2) 
$12,000,000 shall be available for expenses authorized by sections 281 
and 282 of part D of title II of the Act for prevention and treatment 
programs relating to juvenile gangs; (3) $10,000,000 shall be available 
for expenses authorized by section 285 of part E of title II of the 
Act; (4) $16,000,000 shall be available for expenses authorized by part 
G of title II of the Act for juvenile mentoring programs; and (5) 
$95,000,000 shall be available for expenses authorized by title V of 
the Act for incentive grants for local delinquency prevention programs; 
of which $12,500,000 shall be for delinquency prevention, control, and 
system improvement programs for tribal youth; of which $25,000,000 
shall be available for grants of $360,000 to each State and $6,640,000 
shall be available for discretionary grants to States, for programs and 
activities to enforce State laws prohibiting the sale of alcoholic 
beverages to minors or the purchase or consumption of alcoholic 
beverages by minors, prevention and reduction of consumption of 
alcoholic beverages by minors, and for technical assistance and 
training; and of which $15,000,000 shall be available for the Safe 
Schools Initiative: Provided further, That upon the enactment of 
reauthorization legislation for Juvenile Justice Programs under the 
Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 
funding provisions in this Act shall from that date be subject to the 
provisions of that legislation and any provisions in this Act that are 
inconsistent with that legislation shall no longer have effect: 
Provided further, That of amounts made available under the Juvenile 
Justice Programs of the Office of Justice Programs to carry out part B 
(relating to Federal Assistance for State and Local Programs), subpart 
II of part C (relating to Special Emphasis Prevention and Treatment 
Programs), part D (relating to Gang-Free Schools and Communities and 
Community-Based Gang Intervention), part E (relating to State Challenge 
Activities), and part G (relating to Mentoring) of title II of the 
Juvenile Justice and Delinquency Prevention Act of 1974, and to carry 
out the At-Risk Children's Program under title V of that Act, not more 
than 10 percent of each such amount may be used for research, 
evaluation, and statistics activities designed to benefit the programs 
or activities authorized under the appropriate part or title, and not 
more than 2 percent of each such amount may be used for training and 
technical assistance activities designed to benefit the programs or 
activities authorized under that part or title.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance, $11,000,000 to remain available until expended, for 
developing, testing, and demonstrating programs designed to reduce drug 
use among juveniles.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $8,500,000, to remain available until expended, as 
authorized by section 214B of the Act.

                    public safety officers benefits

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$2,400,000, to remain available until expended for payments as 
authorized by section 1201(b) of said Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $45,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attorney 
General.
    Sec. 102. Hereafter, authorities contained in the Department of 
Justice Appropriation Authorization Act, Fiscal Year 1980 (Public Law 
96-132; 93 Stat. 1040 (1979)), as amended, shall remain in effect until 
the effective date of a subsequent Department of Justice Appropriation 
Authorization Act.
    Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 106. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up 
to a maximum of $2,000,000, may not be made without the personal 
approval of the President or the Attorney General and such approval may 
not be delegated.
    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction 
Trust Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 108. Section 108(a) of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 2000 
(as enacted into law by section 1000(a)(1) of Public Law 106-113) shall 
apply for fiscal year 2001 and thereafter.
    Sec. 109. Section 3024 of the Emergency Supplemental Appropriations 
Act, 1999 (Public Law 106-31) shall apply for fiscal year 2001.
    4Sec. 110. Section 641(e)(4)(A) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division C of Public Law 104-
208) is amended by inserting before the period at the end of the second 
sentence the following: ``, except that, in the case of an alien 
admitted under section 101(a)(15)(J) of the Immigration and Nationality 
Act as an au pair, camp counselor, or participant in a summer work 
travel program, the fee shall not exceed $35''.
    Sec. 111. Section 115 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as 
enacted into law by section 1000(a)(1) of Public Law 106-113) shall 
apply hereafter.
    Sec. 112. Section 286 of the Immigration and Nationality Act (8 
U.S.C. 1356) is amended by adding at the end the following new 
subsections:
    ``(t) Genealogy Fee.--(1) There is hereby established the Genealogy 
Fee for providing genealogy research and information services. This fee 
shall be deposited as offsetting collections into the Examinations Fee 
Account. Fees for such research and information services may be set at 
a level that will ensure the recovery of the full costs of providing 
all such services.
    ``(2) The Attorney General will prepare and submit annually to 
Congress statements of the financial condition of the Genealogy Fee.
    ``(3) Any officer or employee of the Immigration and Naturalization 
Service shall collect fees prescribed under regulation before 
disseminating any requested genealogical information.
    ``(u) Premium Fee for Employment-Based Petitions and 
Applications.--The Attorney General is authorized to establish and 
collect a premium fee for employment-based petitions and applications. 
This fee shall be used to provide certain premium-processing services 
to business customers, and to make infrastructure improvements in the 
adjudications and customer-service processes. For approval of the 
benefit applied for, the petitioner/applicant must meet the legal 
criteria for such benefit. This fee shall be set at $1,000, shall be 
paid in addition to any normal petition/application fee that may be 
applicable, and shall be deposited as offsetting collections in the 
Immigration Examinations Fee Account. The Attorney General may adjust 
this fee according to the Consumer Price Index.''.
    Sec. 114. Section 1402(d)(3) of Public Law 98-473 is amended by 
inserting ``and the Federal Bureau of Investigation'' after ``United 
States Attorneys Offices''.
    Sec. 115. Beginning in fiscal year 2001 and thereafter, funds 
appropriated to the Federal Prison System may be used to place in 
privately operated prisons only such persons sentenced to incarceration 
under the District of Columbia Code as the Director, Bureau of Prisons, 
may determine to be appropriate for such placement consistent with 
Federal classification standards, after consideration of all relevant 
factors, including the threat of danger to public safety.
    Sec. 116. Notwithstanding any other provision of law, $1,000,000 
shall be available for technical assistance from the funds appropriated 
for part G of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974, as amended.
    Sec. 117. Of the discretionary funds appropriated to the Edward 
Byrne Memorial State and Local Law Enforcement Assistance Program in 
fiscal year 2000, $2,000,000 shall be transferred to the Violent 
Offender Incarceration and Truth In Sentencing Incentive Grants Program 
to be used for the construction costs of the Hoonah Spirit Camp, as 
authorized under section 20109(a) of subtitle A of title II of the 1994 
Act.
    Sec. 118. Notwithstanding any other provision of law, for fiscal 
2001 and hereafter, with respect to any grant program for which amounts 
are made available under this title, no grant funds may be made 
available to any local jail that runs ``pay-to-stay programs.''.
    Sec. 119. Notwithstanding any other provision of law, including 
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), 
the Attorney General hereafter may enter into contracts and other 
agreements, of any reasonable duration, for detention or incarceration 
space or facilities, including related services, on any reasonable 
basis.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2001''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$29,517,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $98,000 shall be available for official 
reception and representation expenses.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $48,100,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 1517; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $30,000 per vehicle; obtaining insurance on official 
motor vehicles; and rental of tie lines and teletype equipment, 
$337,444,000, to remain available until expended, of which $3,000,000 
is to be derived from fees to be retained and used by the International 
Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That 
$64,747,000 shall be for Trade Development, $25,555,000 shall be for 
Market Access and Compliance, $40,645,000 shall be for the Import 
Administration, $194,638,000 shall be for the United States and Foreign 
Commercial Service, and $11,859,000 shall be for Executive Direction 
and Administration: Provided further, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act 
shall include payment for assessments for services provided as part of 
these activities.

                         Export Administration

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $64,854,000, to remain available until expended, of 
which $7,250,000 shall be for inspections and other activities related 
to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, and for 
trade adjustment assistance, $411,879,000, to remain available until 
expended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $28,000,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, as amended, title II of 
the Trade Act of 1974, as amended, and the Community Emergency Drought 
Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $27,314,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$53,745,000, to remain available until September 30, 2002.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$157,227,000.

                     periodic censuses and programs

    For necessary expenses to conduct the decennial census, 
$130,898,000 to remain available until expended: Provided, That, of the 
total amount available for the decennial census ($130,898,000 in new 
appropriations and $260,000,000 in unobligated balances from prior 
years), $24,055,000 is for Program Development and Management; 
$55,096,000 is for Data Content and Products; $122,000,000 is for Field 
Data Collection and Support Systems; $1,500,000 is for Address List 
Development; $115,038,000 is for Automated Data Processing and 
Telecommunications Support; $55,000,000 is for Testing and Evaluation; 
$5,512,000 is for activities related to Puerto Rico, the Virgin Islands 
and Pacific Areas; $9,197,000 is for Marketing, Communications and 
Partnership activities; and $3,500,000 is for the Census Monitoring 
Board, as authorized by section 210 of Public Law 105-119.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $145,508,000, 
to remain available until expended: Provided, That regarding 
engineering and design of a facility at the Suitland Federal Center, 
quarterly reports regarding the expenditure of funds and project 
planning, design and cost decisions shall be provided by the Bureau, in 
cooperation with the General Services Administration, to the Committees 
on Appropriations of the Senate and the House of Representatives: 
Provided further, That none of the funds provided in this Act or any 
other Act under the heading ``Bureau of the Census, Periodic Censuses 
and Programs'' shall be used to fund the construction and tenant build-
out costs of a facility at the Suitland Federal Center.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $11,437,000, 
to remain available until expended: Provided, That, notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies 
for costs incurred in spectrum management, analysis, and operations, 
and related services and such fees shall be retained and used as 
offsetting collections for costs of such spectrum services, to remain 
available until expended: Provided further, That hereafter, 
notwithstanding any other provision of law, NTIA shall not authorize 
spectrum use or provide any spectrum functions pursuant to the National 
Telecommunications and Information Administration Organization Act, 47 
U.S.C. 902-903, to any Federal entity without reimbursement as required 
by NTIA for such spectrum management costs, and Federal entities 
withholding payment of such cost shall not use spectrum: Provided 
further, That the Secretary of Commerce is authorized to retain and use 
as offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs incurred in 
telecommunications research, engineering, and related activities by the 
Institute for Telecommunication Sciences of NTIA, in furtherance of its 
assigned functions under this paragraph, and such funds received from 
other Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $43,500,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $1,800,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $45,500,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $3,000,000 shall be available for program administration and 
other support activities as authorized by section 391: Provided 
further, That, of the funds appropriated herein, not to exceed 5 
percent may be available for telecommunications research activities for 
projects related directly to the development of a national information 
infrastructure: Provided further, That, notwithstanding the 
requirements of sections 392(a) and 392(c) of the Act, these funds may 
be used for the planning and construction of telecommunications 
networks for the provision of educational, cultural, health care, 
public information, public safety, or other social services: Provided 
further, That notwithstanding any other provision of law, no entity 
that receives telecommunications services at preferential rates under 
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance 
under the regional information sharing systems grant program of the 
Department of Justice under part M of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds 
under a grant under this heading to cover any costs of the entity that 
would otherwise be covered by such preferential rates or such 
assistance, as the case may be: Provided further, That the 
Administrator shall, after consultation with other federal departments 
and agencies responsible for regulating the core operations of entities 
engaged in the provision of energy, water and railroad services, 
complete and submit to Congress, not later than twelve months after 
date of enactment of this subsection, a study of the current and future 
use of spectrum by these entities to protect and maintain the nation's 
critical infrastructure: Provided further, That within six months after 
the release of this study, the Chairman of the Federal Communications 
Commission shall submit a report to Congress on the actions that could 
be taken by the Commission to address any needs identified in the 
Administrator's study.

                      Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the Patent and Trademark Office provided 
for by law, including defense of suits instituted against the 
Commissioner of Patents and Trademarks, $783,843,000, to remain 
available until expended: Provided, That of this amount, $783,843,000 
shall be derived from offsetting collections assessed and collected 
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be 
retained and used for necessary expenses in this appropriation: 
Provided further, That the sum herein appropriated from the general 
fund shall be reduced as such offsetting collections are received 
during fiscal year 2001, so as to result in a final fiscal year 2001 
appropriation from the general fund estimated at $0: Provided further, 
That during fiscal year 2001, should the total amount of offsetting fee 
collections be less than $783,843,000, the total amounts available to 
the Patent and Trademark Office shall be reduced accordingly: Provided 
further, That any amount received in excess of $783,843,000 in fiscal 
year 2001 shall not be available for obligation: Provided further, That 
not to exceed $254,889,000 from fees collected in fiscal years 1999 and 
2000 shall be made available for obligation in fiscal year 2001.

                         Science and Technology

                       Technology Administration

       under secretary for technology/office of technology policy

                         salaries and expenses

    For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $8,080,000.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $312,617,000, to remain available until expended, of which 
not to exceed $282,000 may be transferred to the ``Working Capital 
Fund''.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology, $105,137,000, to 
remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$145,700,000, to remain available until expended, of which not to 
exceed $60,700,000 shall be available for the award of new grants.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$34,879,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments 
to nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized by 33 U.S.C. 883i, $1,869,170,000, to remain available until 
expended: Provided, That fees and donations received by the National 
Ocean Service for the management of the national marine sanctuaries may 
be retained and used for the salaries and expenses associated with 
those activities, notwithstanding 31 U.S.C. 3302: Provided further, 
That in addition, $68,000,000 shall be derived by transfer from the 
fund entitled ``Promote and Develop Fishery Products and Research 
Pertaining to American Fisheries'': Provided further, That grants to 
States pursuant to sections 306 and 306A of the Coastal Zone Management 
Act of 1972, as amended, shall not exceed $2,000,000: Provided further, 
That not to exceed $31,439,000 shall be expended for Executive 
Direction and Administration, which consists of the Offices of the 
Undersecretary, the Executive Secretariat, Policy and Strategic 
Planning, International Affairs, Legislative Affairs, Public Affairs, 
Sustainable Development, the Chief Scientist, and the General Counsel: 
Provided further, That the aforementioned offices, excluding the Office 
of the General Counsel, shall not be augmented by personnel details, 
temporary transfers of personnel on either a reimbursable or 
nonreimbursable basis or any other type of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary or long-
term basis above the level of 42 personnel: Provided further, That no 
general administrative charge shall be applied against an assigned 
activity included in this Act and, further, that any direct 
administrative expenses applied against an assigned activity shall be 
limited to 5 percent of the funds provided for that assigned activity: 
Provided further, That any use of deobligated balances of funds 
provided under this heading in previous years shall be subject to the 
procedures set forth in section 605 of this Act.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

   procurement, acquisition and construction (including transfers of 
                                 funds)

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $682,899,000, to remain available until 
expended: Provided, That unexpended balances of amounts previously made 
available in the ``Operations, Research, and Facilities'' account for 
activities funded under this heading may be transferred to and merged 
with this account, to remain available until expended for the purposes 
for which the funds were originally appropriated: Provided further, 
That none of the funds provided in this Act or any other Act under the 
heading ``National Oceanic and Atmospheric Administration, Procurement, 
Acquisition and Construction'' shall be used to fund the construction 
and tenant build-out costs of a facility at the Suitland Federal 
Center.

                      coastal and ocean activities

    In addition, for coastal and ocean activities, $420,000,000, to 
remain available until expended, of which $135,000,000 is for ocean, 
coastal and waterway conservation programs; of which $135,000,000 is 
for National Oceanic and Atmospheric Administration programs; and of 
which $150,000,000 is for coastal impact assistance as authorized by 
section 31 of the Outer Continental Shelf Lands Act as authorized by 
section 903 of this Act: Provided, That of the funds provided under 
this heading for ocean and coastal conservation programs, $10,000,000 
is available for implementation of State nonpoint pollution control 
plans established pursuant to section 6217 of the Coastal Zone 
Management Act of 1972, as amended by Public Law 101-508, other than in 
non-contiguous States except Hawaii; $30,000,000 is for competitive 
grants for community-based coastal restoration activities in the Great 
Lakes region; $14,000,000 is for the University of New Hampshire, 
Building and Pier; $1,000,000 is for the Sea Coast Science Center; 
$3,000,000 is for the Great Bay Partnership; $1,000,000 is for the New 
Hampshire Department of Environmental Services Marsh Restoration 
initiative; $1,000,000 is for the Mississippi Laboratories at 
Pascagoula; $8,000,000 is for the ACE Basin NERRS Research Center 
construction; $4,000,000 is for Kachamek Bay NERRS research center 
construction; $1,000,000 is for the Raritan, New Jersey, NERRS land 
acquisition; $2,500,000 is for Winyah Bay land acquisition; $2,000,000 
is for ACE Basin Land Acquisition; $10,000,000 is for a direct payment 
to the SeaLife Center; $10,000,000 is for Dupage River restoration; 
$1,000,000 is for Detroit River restoration; $500,000 is for lower 
Rouge River restoration; $8,500,000 is for Bronx River restoration and 
land acquisition; $16,000,000 is for a grant for Eastern Kentucky 
Pride, Inc., of which $11,000,000 is for design and construction of 
facilities for water protection and related environmental 
infrastructure; $3,000,000 is for a grant to the Louisiana Department 
of Natural Resources for brown marsh research/mitigation and nutria 
control; $2,000,000 is for land acquisition in southern Orange County, 
California for conservation of coastal sage scrup; $3,000,000 is for 
planning, renovation and construction of facilities for a new national 
estuarine research reserve in San Francisco, California; $2,000,000 is 
for a grant to the National Fish and Wildlife Foundation for species 
management and estuarine habitat conservation; and $1,500,000 is for a 
grant to the Pinellas County Environmental Foundation for the Tampa Bay 
watershed for lower Rouge River restoration: Provided further, That of 
the funds provided for the National Oceanic and Atmospheric 
Administration programs, $5,000,000 is for National Estuarine Research 
Reserves operations; $12,000,000 is for Marine Sanctuaries operations; 
$8,500,000 is for Coastal Zone Management Act grants; $1,500,000 is for 
Program Administration; $4,000,000 is for marine mammal strandings; 
$25,000,000 is for protection of Coral Reefs; $36,000,000 is for 
Pacific Coastal Salmon Recovery grants to States and tribes; $6,000,000 
is for fisheries habitat restoration; $15,000,000 is for NOAA 
Cooperative Enforcement initiative; $3,000,000 is for Atlantic Coast 
observers; $3,000,000 is for Cooperative Research; $3,000,000 is for 
Red Snapper research; $3,000,000 is for Aquaculture; $5,000,000 is for 
Harmful Algal Blooms research; $2,000,000 is for Ocean exploration 
initiative; and $3,000,000 is for Marine Sanctuaries construction.

                    pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations and the implementation of the 1999 Pacific Salmon 
Treaty Agreement between the United States and Canada, $54,000,000, 
subject to express authorization.
    In addition, for implementation of the 1999 Pacific Salmon Treaty 
Agreement, $20,000,000, of which $10,000,000 shall be deposited in the 
Northern Boundary and Transboundary Rivers Restoration and Enhancement 
Fund and of which $10,000,000 shall be deposited in the Southern 
Boundary Restoration and Enhancement Fund.

                      coastal zone management fund

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,200,000, for 
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 
315(e) of such Act.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $952,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                     foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), and the American Fisheries Promotion Act 
(Public Law 96-561), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $191,000, to remain available until expended.

                   fisheries finance program account

    For the cost of direct loans, $288,000, as authorized by the 
Merchant Marine Act of 1936, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That none of the funds made available under this heading may be used 
for direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$3,000 for official entertainment, $35,920,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504), 
$20,000,000.

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that 
are under the control of the United States Air Force or the United 
States Air Force Reserve.
    Sec. 204. None of the funds provided in this or any previous Act, 
or hereinafter made available to the Department of Commerce, shall be 
available to reimburse the Unemployment Trust Fund or any other fund or 
account of the Treasury to pay for any expenses authorized by section 
8501 of title 5, United States Code, for services performed by 
individuals appointed to temporary positions within the Bureau of the 
Census for purposes relating to the decennial censuses of population.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 207. The Secretary of Commerce may award contracts for 
hydrographic, geodetic, and photogrammetric surveying and mapping 
services in accordance with title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
    Sec. 208. The Secretary of Commerce may use the Commerce franchise 
fund for expenses and equipment necessary for the maintenance and 
operation of such administrative services as the Secretary determines 
may be performed more advantageously as central services, pursuant to 
section 403 of Public Law 103-356: Provided, That any inventories, 
equipment, and other assets pertaining to the services to be provided 
by such fund, either on hand or on order, less the related liabilities 
or unpaid obligations, and any appropriations made for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available 
to the Department and other Federal agencies for which such centralized 
services are performed, at rates which will return in full all expenses 
of operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the 
Secretary: Provided further, That such fund shall provide services on a 
competitive basis: Provided further, That an amount not to exceed 4 
percent of the total annual income to such fund may be retained in the 
fund for fiscal year 2001 and each fiscal year thereafter, to remain 
available until expended, to be used for the acquisition of capital 
equipment, and for the improvement and implementation of department 
financial management, ADP, and other support systems: Provided further, 
That such amounts retained in the fund for fiscal year 2001 and each 
fiscal year thereafter shall be available for obligation and 
expenditure only in accordance with section 605 of this Act: Provided 
further, That no later than 30 days after the end of each fiscal year, 
amounts in excess of this reserve limitation shall be deposited as 
miscellaneous receipts in the Treasury: Provided further, That such 
franchise fund pilot program shall terminate pursuant to section 403(f) 
of Public Law 103-356.
    Sec. 209. Notwithstanding any other provision of law, of the 
amounts made available elsewhere in this title to the ``National 
Institute of Standards and Technology, Construction of Research 
Facilities'', $4,000,000 is appropriated to the Institute at Saint 
Anselm College, $4,000,000 is appropriated to fund a cooperative 
agreement with the Medical University of South Carolina, $3,000,000 is 
appropriated to the Thayer School of Engineering for the biocommodity 
and biomass research initiative, and $3,000,000 is appropriated to 
establish the Institute for Information Infrastructure Protection at 
the Institute for Security Technology Studies.
    In addition, of the amounts for ``National Oceanic and Atmospheric 
Administration, Procurement, Acquisition, and Construction'', 
$5,000,000 shall be for a grant for Eastern Kentucky Pride, Inc., for 
design and construction of facilities for water protection and related 
environmental infrastructure.
    Sec. 210. (a) The Secretary of Commerce shall establish and 
administer through the National Ocean Service the Dr. Nancy Foster 
Scholarship Program. Under the program, the Secretary shall award 
graduate education scholarships in marine biology, oceanography, or 
maritime archaeology, including the curation, preservation, and display 
of maritime artifacts, to be known as ``Dr. Nancy Foster 
Scholarships''.
    (b) The purpose of the Dr. Nancy Foster Scholarship Program is to 
recognize outstanding scholarship in marine biology, oceanography, or 
maritime archaeology, particularly by women and members of minority 
groups, and encourage independent graduate level research in such 
fields of study.
    (c) Each Dr. Nancy Foster Scholarship award--
            (1) shall be used to support a candidate's graduate studies 
        in marine biology, oceanography, or maritime archaeology at a 
        sponsoring institution; and
            (2) shall be made available to individual candidates in 
        accordance with guidelines issued by the Secretary.
    (d) The amount of each Dr. Nancy Foster Scholarship shall be 
provided directly to each recipient selected by the Secretary upon 
receipt of certification that the recipient will adhere to a specific 
and detailed plan of study and research approved by the sponsoring 
institution.
    (e) The Secretary shall make 1 percent of the amount appropriated 
each fiscal year to carry out the National Marine Sanctuaries Act (46 
U.S.C. 1431 et seq.) available for Dr. Nancy Foster Scholarships.
    (f) Repayment of the award shall be made to the Secretary in the 
case of fraud or noncompliance.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2001''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $37,591,000.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon the Architect by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $7,530,000, of which 
$4,460,000 shall remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $17,930,000.

               United States Court of International Trade

                         salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services as authorized by 5 U.S.C. 
3109, and necessary expenses of the court, as authorized by law, 
$12,456,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $3,359,725,000 (including the purchase of 
firearms and ammunition); of which not to exceed $17,817,000 shall 
remain available until expended for space alteration projects; and of 
which not to exceed $10,000,000 shall remain available until expended 
for furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $2,602,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                           defender services

    For the operation of Federal Public Defender and Community Defender 
organizations; the compensation and reimbursement of expenses of 
attorneys appointed to represent persons under the Criminal Justice Act 
of 1964, as amended; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services under the 
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execution 
of penal sentences; and the compensation of attorneys appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d), $435,000,000, to remain 
available until expended as authorized by 18 U.S.C. 3006A(i).

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $59,567,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.

                             court security

    For necessary expenses, not otherwise provided for, incident to the 
procurement, installation, and maintenance of security equipment and 
protective services for the United States Courts in courtrooms and 
adjacent areas, including building ingress-egress control, inspection 
of packages, directed security patrols, and other similar activities as 
authorized by section 1010 of the Judicial Improvement and Access to 
Justice Act (Public Law 100-702), $199,575,000, of which not to exceed 
$10,000,000 shall remain available until expended for security systems, 
to be expended directly or transferred to the United States Marshals 
Service, which shall be responsible for administering elements of the 
Judicial Security Program consistent with standards or guidelines 
agreed to by the Director of the Administrative Office of the United 
States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $58,340,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $18,777,000; of which $1,800,000 shall 
remain available through September 30, 2002, to provide education and 
training to Federal court personnel; and of which not to exceed $1,000 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $8,100,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $1,900,000.

                  United States Sentencing Commission

                         salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $9,931,000, of which not 
to exceed $1,000 is authorized for official reception and 
representation expenses.

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304. (a) The Director of the Administrative Office of the 
United States Courts (the Director) may designate in writing officers 
and employees of the judicial branch of the United States Government, 
including the courts as defined in section 610 of title 28, United 
States Code, but excluding the Supreme Court, to be disbursing officers 
in such numbers and locations as the Director considers necessary. 
These disbursing officers will: (1) disburse moneys appropriated to the 
judicial branch and other funds only in strict accordance with payment 
requests certified by the Director or in accordance with subsection (b) 
of this section; (2) examine payment requests as necessary to ascertain 
whether they are in proper form, certified, and approved; and (3) be 
held accountable as provided by law. However, a disbursing officer will 
not be held accountable or responsible for any illegal, improper, or 
incorrect payment resulting from any false, inaccurate, or misleading 
certificate for which a certifying officer is responsible under 
subsection (b) of this section.
    (b)(1) The Director may designate in writing officers and employees 
of the judicial branch of the United States Government, including the 
courts as defined in section 610 of title 28, United States Code, but 
excluding the Supreme Court, to certify payment requests payable from 
appropriations and funds. These certifying officers will be responsible 
and accountable for: (A) the existence and correctness of the facts 
recited in the certificate or other request for payment or its 
supporting papers; (B) the legality of the proposed payment under the 
appropriation or fund involved; and (C) the correctness of the 
computations of certified payment requests.
    (2) The liability of a certifying officer will be enforced in the 
same manner and to the same extent as provided by law with respect to 
the enforcement of the liability of disbursing and other accountable 
officers. A certifying officer shall be required to make restitution to 
the United States for the amount of any illegal, improper, or incorrect 
payment resulting from any false, inaccurate, or misleading 
certificates made by the certifying officer, as well as for any payment 
prohibited by law or which did not represent a legal obligation under 
the appropriation or fund involved.
    (c) A certifying or disbursing officer: (1) has the right to apply 
for and obtain a decision by the Comptroller General on any question of 
law involved in a payment request presented for certification; and (2) 
is entitled to relief from liability arising under this section as 
provided by law.
    (d) The Director shall disburse, directly or through officials 
designated pursuant to this section, appropriations and other funds for 
the maintenance and operation of the courts.
    (e) Nothing in this section affects the authority of the courts to 
receive or disburse moneys in accordance with chapter 129 of title 28, 
United States Code.
    (f) This section shall be effective for fiscal year 2001 and 
hereafter.
    Sec. 305. District Judges for the District Courts. (a) In 
General.--The President shall appoint, by and with the advice and 
consent of the Senate--
            (1) 1 additional district judge for the district of 
        Arizona;
            (2) 1 additional district judge for the southern district 
        of Florida;
            (3) 1 additional district judge for the eastern district of 
        Kentucky;
            (4) 1 additional district judge for the district of Nevada;
            (5) 1 additional district judge for the district of New 
        Mexico;
            (6) 1 additional district judge for the district of South 
        Carolina;
            (7) 1 additional district judge for the southern district 
        of Texas;
            (8) 1 additional district judge for the western district of 
        Texas;
            (9) 1 additional district judge for the eastern district of 
        Virginia; and
            (10) 1 additional district judge for the eastern district 
        of Wisconsin.
    (b) Table.--In order that the table contained in section 133 of 
title 28, United States Code, will, with respect to each judicial 
district, reflect the changes in the total number of permanent district 
judges authorized under subsection (a), such table is amended--
            (1) in the item relating to the district of Arizona, by 
        striking ``11''' and inserting ``12'';
            (2) in the item relating to the southern district of 
        Florida, by striking ``16'' and inserting ``17'';
            (3) in the item relating to the eastern district of 
        Kentucky, by striking ``4'' and inserting ``5'';
            (4) in the item relating to the district of Nevada, by 
        striking ``6'' and inserting ``7'';
            (5) in the item relating to the district of New Mexico, by 
        striking ``5'' and inserting ``6'';
            (6) in the item relating to the district of South Carolina, 
        by striking ``9'' and inserting ``10'';
            (7) in the item relating to the southern district of Texas, 
        by striking ``18'' and inserting ``19'';
            (8) in the item relating to the western district of Texas, 
        by striking ``10'' and inserting ``11'';
            (9) in the item relating to the eastern district of 
        Virginia, by striking ``9'' and inserting ``10''; and
            (10) in the item relating to the eastern district of 
        Wisconsin, by striking ``4'' and inserting ``5''.
    (c) Designation of Judge to Hold Court.--The chief judge of the 
eastern district of Wisconsin shall designate 1 judge who shall hold 
court for such district in Green Bay, Wisconsin.
    Sec. 306. Section 332 of title 28, United States Code, is amended 
by adding at the end the following new subsection:
    ``(h)(1) The United States Court of Appeals for the Federal Circuit 
may appoint a circuit executive, who shall serve at the pleasure of the 
court. In appointing a circuit executive, the court shall take into 
account experience in administrative and executive positions, 
familiarity with court procedures, and special training. The circuit 
executive shall exercise such administrative powers and perform such 
duties as may be delegated by the court. The duties delegated to the 
circuit executive may include but need not be limited to the duties 
specified in subsection (e) of this section, insofar as they are 
applicable to the Court of Appeals for the Federal Circuit.
    ``(2) The circuit executive shall be paid the salary for circuit 
executives established under subsection (f) of this section.
    ``(3) The circuit executive may appoint, with the approval of the 
court, necessary employees in such number as may be approved by the 
Director of the Administrative Office of the United States Courts.
    ``(4) The circuit executive and staff shall be deemed to be 
officers and employees of the United States within the meaning of the 
statutes specified in subsection (f)(4).
    ``(5) The court may appoint either a circuit executive under this 
subsection or a clerk under section 711 of this title, but not both, or 
may appoint a combined circuit executive/clerk who shall be paid the 
salary of a circuit executive.''.
    Sec. 307. Section 3102(a)(1) of title 5, United States Code, is 
amended--
            (1) in subparagraph (A) by striking ``and'';
            (2) in subparagraph (B) by adding ``and'' after the 
        semicolon; and
            (3) by adding at the end the following:
                    ``(C) an office, agency, or other establishment in 
                the judicial branch;''.
    Sec. 308. (a) Supreme Court Police Retirement.--
            (1) Service deemed to be service as law enforcement 
        officer.--Any period of service performed before the effective 
        date of this section by an individual as a member of the 
        Supreme Court Police, who is such a member on such date, shall 
        be deemed to be service performed as a law enforcement officer 
        for purposes of chapters 83 and 84 of title 5, United States 
        Code. Notwithstanding any amendment made by this section, any 
        period of service performed before the effective date of this 
        section by an individual as a member of the Supreme Court 
        Police, who is not such a member on such date, shall be 
        employee service for purposes of chapters 83 and 84 of title 5, 
        United States Code.
            (2) Contributions.--The Marshal of the Supreme Court of the 
        United States shall pay an amount determined by the Office of 
        Personnel Management equal to--
                    (A)(i) the difference between--
                            (I) the amount that was deducted and 
                        withheld from basic pay under chapters 83 and 
                        84 of title 5, United States Code, for the 
                        period of service described in the first 
                        sentence of paragraph (1); and
                            (II) the amount that should have been 
                        deducted and withheld for such period of 
                        service, if it had instead been performed as a 
                        law enforcement officer; and
                    (ii) interest as prescribed under section 8334(e) 
                of title 5, United States Code, based on the amount 
                determined under clause (i); and
                    (B) with respect to the period of service described 
                in subparagraph (A), the difference between the 
                Government contributions that were in fact made to the 
                Civil Service Retirement and Disability Fund for such 
                service, and the amount that would have been required 
                if such service had instead been performed as a law 
                enforcement officer, subject to subsection (f).
            (3) Deposit of payments.--Payments under paragraph (2) 
        shall be paid from the salaries and expenses account from 
        appropriations to the Supreme Court of the United States, 
        including any prior year unobligated balances, and deposited in 
        the Civil Service Retirement and Disability Fund.
    (b) Amendments to Chapter 83.--
            (1) Deductions, contributions, and deposits.--Section 8334 
        of title 5, United States Code, is amended--
                    (A) in subsection (a)(1) by inserting ``member of 
                the Supreme Court Police,'' after ``member of the 
                Capitol Police,''; and
                    (B) in subsection (c) in the item relating to law 
                enforcement officers by inserting ``, member of the 
                Supreme Court Police for Supreme Court Police 
                service,'' after ``law enforcement service''.
            (2) Mandatory separation.--(A) Section 8335 of title 5, 
        United States Code, is amended by redesignating subsection (e) 
        as subsection (f) and inserting after subsection (d) the 
        following:
    ``(e) A member of the Supreme Court Police who is otherwise 
eligible for immediate retirement under section 8336(n) shall be 
separated from the service on the last day of the month in which such 
member becomes 57 years of age or completes 20 years of service if then 
over that age. The Marshal of the Supreme Court of the United States, 
when in his judgment the public interest so requires, may exempt such a 
member from automatic separation under this subsection until that 
member becomes 60 years of age. The Marshal shall notify the member in 
writing of the date of separation at least 60 days in advance thereof. 
Action to separate the member is not effective, without the consent of 
the member, until the last day of the month in which the 60-day notice 
expires.''.
            (B) Section 8335(f) of title 5, United States Code, as 
        redesignated by subparagraph (A), is amended by striking 
        ``Police)'' and inserting ``Police or the Supreme Court 
        Police)''.
            (3) Immediate retirement.--Section 8336 of title 5, United 
        States Code, is amended by redesignating subsection (n) as 
        subsection (o) and inserting after subsection (m) the 
        following:
    ``(n) A member of the Supreme Court Police who is separated from 
the service after becoming 50 years of age and completing 20 years of 
service as a member of the Supreme Court Police or as a law enforcement 
officer, or any combination of such service totaling at least 20 years, 
is entitled to an annuity.''.
            (4) Computation.--Section 8339 of title 5, United States 
        Code, is amended by redesignating subsection (r) as subsection 
        (s) and inserting after subsection (q) the following:
    ``(r) The annuity of a member of the Supreme Court Police, or 
former member of the Supreme Court Police, retiring under this 
subchapter is computed in accordance with subsection (d).''.
    (c) Amendments to Chapter 84.--
            (1) Immediate retirement.--Section 8412(d) of title 5, 
        United States Code, is amended by inserting ``or Supreme Court 
        Police'' after ``Capitol Police'' each place it appears.
            (2) Computation of basic annuity.--Section 8415(g) of title 
        5, United States Code, is amended by inserting ``member of the 
        Supreme Court Police,'' after ``law enforcement officer,''.
            (3) Deductions from pay.--Section 8422(a)(3) of title 5, 
        United States Code, is amended in the item relating to law 
        enforcement officers by inserting ``member of the Supreme Court 
        Police,'' after ``member of the Capitol Police,''.
            (4) Government contributions.--Section 8423(a) of title 5, 
        United States Code, is amended by inserting ``members of the 
        Supreme Court Police,'' after ``law enforcement officers,'' 
        each place it appears.
            (5) Mandatory separation.--(A) Section 8425 of title 5, 
        United States Code, is amended by redesignating subsection (d) 
        as subsection (e) and inserting after subsection (c) the 
        following:
    ``(d) A member of the Supreme Court Police who is otherwise 
eligible for immediate retirement under section 8412(d) shall be 
separated from the service on the last day of the month in which such 
member becomes 57 years of age or completes 20 years of service if then 
over that age. The Marshal of the Supreme Court of the United States, 
when in his judgment the public interest so requires, may exempt such a 
member from automatic separation under this subsection until that 
member becomes 60 years of age. The Marshal shall notify the member in 
writing of the date of separation at least 60 days before the date. 
Action to separate the member is not effective, without the consent of 
the member, until the last day of the month in which the 60-day notice 
expires.''.
            (B) Section 8425(e) of title 5, United States Code, as so 
        redesignated, is amended by striking ``Police)'' and inserting 
        ``Police or Supreme Court Police)''.
    (d) Payments for Other Liability.--
            (1) In general.--The Marshal of the Supreme Court of the 
        United States shall pay into the Civil Service Retirement and 
        Disability Fund an amount determined by the Director of the 
        Office of Personnel Management to be necessary to reimburse the 
        Fund for any estimated increase in the unfunded liability of 
        the Fund resulting from the amendments related to the Civil 
        Service Retirement System under this section, and for any 
        estimated increase in the supplemental liability of the Fund 
        resulting from the amendments related to the Federal Employees' 
        Retirement System under this section.
            (2) Installments.--The amount determined under paragraph 
        (1) shall be paid in 5 equal annual installments with interest 
        computed at the rates used in the most recent valuation of the 
        Federal Employees' Retirement System.
            (3) Source of funds.--Payments under this subsection shall 
        be made from amounts available from the salaries and expenses 
        account from appropriations to the Supreme Court of the United 
        States, including any prior year unobligated balances.
    (e) No Mandatory Separation for a 2-Year Period.--Nothing in 
section 8335(e) or 8425(d) of title 5, United States Code, as added by 
this section, shall require the automatic separation of any member of 
the Supreme Court Police before the end of the 2-year period beginning 
on the effective date of this section.
    (f) Nonreduction in Government Contributions.--Notwithstanding any 
other provision of this section, Government contributions to the Civil 
Service Retirement and Disability Fund on behalf of a member of the 
Supreme Court Police shall, with respect to any service performed 
during the period beginning on January 1, 1999, and ending on December 
31, 2002, while subject to the Federal Employees' Retirement System, be 
determined in the same way as if this section had never been enacted.
    (g) Savings Provision.--Nothing in this section or in any amendment 
made by this section shall, with respect to any service performed 
before the effective date of such amendment, have the effect of 
reducing the percentage applicable in computing any portion of an 
annuity based on service as a member of the Supreme Court Police below 
the percentage which would otherwise apply if this section had not been 
enacted.
    (h) Technical and Conforming Amendments.--
            (1) Section 8337(a) of title 5, United States Code, is 
        amended in the last sentence by striking ``8339(a)-(e), (n), 
        (q), or (r)'' and inserting ``8339(a) through (e), (n), (q), 
        (r), or (s)''.
            (2) Subsections (f) and (m) of section 8339 of title 5, 
        United States Code, are each amended by striking ``subsections 
        (a)-(e), (n), (q), and (r)'' and inserting ``subsections (a) 
        through (e), (n), (q), (r), and (s)''.
            (3) Section 8339(g) of title 5, United States Code, is 
        amended--
                    (A) in paragraph (2), by striking ``subsections 
                (a)-(c), (n), (q), or (r)'' and inserting  
                ``subsections (a) through (c), (n), (q), (r), or (s)''; 
                and
                    (B) in the matter following paragraph (2), by 
                striking ``(q), or (r)'' each place it appears and 
                inserting ``(q), (r), or (s)''.
            (4) Section 8339(i) of title 5, United States Code, is 
        amended by striking ``(a)-(h), (n), (q), and (r)'' and 
        inserting ``(a)-(h), (n), (q), (r), or (s)''.
            (5) Sections 8339(j), 8339(k)(1), and 8343a of title 5, 
        United States Code, are each amended by striking ``(a)-(i), 
        (n), (q), and (r)'' each place it appears and inserting ``(a)-
        (i), (n), (q), (r), and (s)''.
            (6) Section 8339(l) of title 5, United States Code, is 
        amended by striking ``(a)-(k), (n), (q), and (r)'' and 
        inserting ``(a)-(k), (n), (q), (r), and (s)''.
            (7) Subsections (b)(1) and (d) of section 8341 of title 5, 
        United States Code, are each amended by striking ``(q), and 
        (r)'' and inserting ``(q), (r), and (s)''.
            (8) Section 8344(a)(A) of title 5, United States Code, is 
        amended by striking ``(q), and (r)'' and inserting ``(q), (r), 
        and (s)''.
    (i) Applicability.--This section and the amendments made by this 
section shall apply only to an individual who is employed as a member 
of the Supreme Court Police after the later of October 1, 2000, or the 
date of enactment of this Act.
    (j) Effective Date.--Except as otherwise provided in this section, 
this section and the amendments made by this section shall take effect 
on the first day of the first applicable pay period that begins on the 
later of October 1, 2000, or the date of enactment of this Act.
    Sec. 309. Pursuant to section 140 of Public Law 97-92, Justices and 
judges of the United States are authorized during fiscal year 2001, to 
receive a salary adjustment in accordance with 28 U.S.C. 461, only if 
for the purposes of each provision of law amended by section 704(a)(2) 
of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), adjustments 
under section 5303 of title 5, United States Code, shall take effect in 
fiscal year 2001: Provided, That, if such adjustments take effect 
pursuant to this section, $8,801,000 is appropriated for such 
adjustments pursuant to this section and such funds shall be 
transferred to and merged with appropriations in title III of this Act.
    This title may be cited as this ``Judiciary Appropriations Act, 
2001''.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized; representation to certain international organizations in 
which the United States participates pursuant to treaties, ratified 
pursuant to the advice and consent of the Senate, or specific Acts of 
Congress; arms control, nonproliferation and disarmament activities as 
authorized; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by law; and for expenses of general 
administration, $2,758,725,000: Provided, That, of the amount made 
available under this heading, not to exceed $4,000,000 may be 
transferred to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: 
Provided further, That, in fiscal year 2001, all receipts collected 
from individuals for assistance in the preparation and filing of an 
affidavit of support pursuant to section 213A of the Immigration and 
Nationality Act shall be deposited into this account as an offsetting 
collection and shall remain available until expended: Provided further, 
That, of the amount made available under this heading, $246,644,000 
shall be available only for public diplomacy international information 
programs: Provided further, That of the amount made available under 
this heading, $5,000,000 shall be available only for overseas 
continuing language education: Provided further, That of the amount 
made available under this heading, not to exceed $1,400,000 shall be 
available for transfer to the Presidential Advisory Commission on 
Holocaust Assets in the United States: Provided further, That 
notwithstanding section 140(a)(5), and the second sentence of section 
140(a)(3), of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995, fees may be collected during fiscal years 2001 and 2002, 
under the authority of section 140(a)(1) of that Act: Provided further, 
That all fees collected under the preceding proviso shall be deposited 
in fiscal years 2001 and 2002 as an offsetting collection to 
appropriations made under this heading to recover costs as set forth 
under section 140(a)(2) of that Act and shall remain available until 
expended: Provided further, That advances for services authorized by 22 
U.S.C. 3620(c) may be credited to this account, to remain available 
until expended for such services: Provided further, That in fiscal year 
2001 and thereafter reimbursements for services provided to the press 
in connection with the travel of senior-level officials may be 
collected and credited to this appropriation and shall remain available 
until expended: Provided further, That no funds may be obligated or 
expended for processing licenses for the export of satellites of United 
States origin (including commercial satellites and satellite 
components) to the People's Republic of China, unless, at least 15 days 
in advance, the Committees on Appropriations of the House of 
Representatives and the Senate are notified of such proposed action: 
Provided further, That of the amount made available under this heading, 
$40,000,000 shall only be available to implement the 1999 Pacific 
Salmon Treaty Agreement, of which $10,000,000 shall be deposited in the 
Northern Boundary and Transboundary Rivers Restoration and Enhancement 
Fund, of which $10,000,000 shall be deposited in the Southern Boundary 
Restoration and Enhancement Fund, and of which $20,000,000 shall be for 
a direct payment to the State of Washington for obligations under the 
1999 Pacific Salmon Treaty Agreement.
    In addition, not to exceed $1,252,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act, as amended; in addition, as authorized by 
section 5 of such Act, $490,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; in addition, as authorized by section 810 of the United States 
Information and Educational Exchange Act, not to exceed $6,000,000, to 
remain available until expended, may be credited to this appropriation 
from fees or other payments received from English teaching, library, 
motion pictures, and publication programs, and from fees from 
educational advising and counseling, and exchange visitor programs; 
and, in addition, not to exceed $15,000, which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$410,000,000, to remain available until expended.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, $97,000,000, 
to remain available until expended, as authorized: Provided, That 
section 135(e) of Public Law 103-236 shall not apply to funds available 
under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$28,490,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980, as amended (Public Law 96-465), as it relates to post 
inspections.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $231,587,000, to remain available until expended: Provided, 
That not to exceed $800,000, to remain available until expended, may be 
credited to this appropriation from fees or other payments received 
from or in connection with English teaching and educational advising 
and counseling programs as authorized.

                       representation allowances

    For representation allowances as authorized, $6,499,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$15,467,000, to remain available until September 30, 2002: Provided, 
That, notwithstanding the limitations of 3 U.S.C. 202(10) concerning 20 
or more consulates, of the amount made available under this heading, 
$5,000,000 shall be available only for the reimbursement of costs 
incurred by the City of Seattle, Washington.

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, 
maintaining, repairing, and planning for, buildings that are owned or 
directly leased by the Department of State, renovating, in addition to 
funds otherwise available, the Main State Building, and carrying out 
the Diplomatic Security Construction Program as authorized, 
$416,976,000, to remain available until expended as authorized, of 
which not to exceed $25,000 may be used for domestic and overseas 
representation as authorized: Provided, That none of the funds 
appropriated in this paragraph shall be available for acquisition of 
furniture and furnishings and generators for other departments and 
agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $663,000,000, to remain 
available until expended.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$5,477,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.

                   repatriation loans program account

    For the cost of direct loans, $591,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974. In 
addition, for administrative expenses necessary to carry out the direct 
loan program, $604,000, which may be transferred to and merged with the 
Diplomatic and Consular Programs account under Administration of 
Foreign Affairs.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8, $16,345,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $131,224,000.

              International Organizations and Conferences

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $870,833,000: 
Provided, That any payment of arrearages under this title shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings: Provided 
further, That of the funds appropriated in this paragraph, $100,000,000 
may be made available only pursuant to a certification by the Secretary 
of State that the United Nations has taken no action in calendar year 
2000 prior to the date of enactment of this Act to increase funding for 
any United Nations program without identifying an offsetting decrease 
elsewhere in the United Nations budget and cause the United Nations to 
exceed the budget for the biennium 2000-2001 of $2,535,700,000: 
Provided further, That if the Secretary of State is unable to make the 
aforementioned certification, the $100,000,000 is to be applied to 
paying the current year assessment for other international 
organizations for which the assessment has not been paid in full or to 
paying the assessment due in the next fiscal year for such 
organizations, subject to the reprogramming procedures contained in 
Section 605 of this Act: Provided further, That funds appropriated 
under this paragraph may be obligated and expended to pay the full 
United States assessment to the civil budget of the North Atlantic 
Treaty Organization.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $846,000,000, of which 
15 percent shall remain available until September 30, 2002: Provided, 
That none of the funds made available under this Act shall be obligated 
or expended for any new or expanded United Nations peacekeeping mission 
unless, at least 15 days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an emergency, as 
far in advance as is practicable): (1) the Committees on Appropriations 
of the House of Representatives and the Senate and other appropriate 
committees of the Congress are notified of the estimated cost and 
length of the mission, the vital national interest that will be served, 
and the planned exit strategy; and (2) a reprogramming of funds 
pursuant to section 605 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided further, 
That funds shall be available for peacekeeping expenses only upon a 
certification by the Secretary of State to the appropriate committees 
of the Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services, and material for 
United Nations peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers: Provided further, That none of the 
funds made available under this heading are available to pay the United 
States share of the cost of court monitoring that is part of any United 
Nations peacekeeping mission.

                       international commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $7,142,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $22,950,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$6,741,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $19,392,000: Provided, 
That the United States' share of such expenses may be advanced to the 
respective commissions, pursuant to 31 U.S.C. 3324.

                                 Other

                     payment to the asia foundation

    For a grant to the Asia Foundation, as authorized by section 501 of 
Public Law 101-246, $9,250,000, to remain available until expended, as 
authorized.

           eisenhower exchange fellowship program trust fund

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2001, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 2001, to remain available until expended.

                            east-west center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$13,500,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    national endowment for democracy

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment for 
Democracy Act, $30,999,000, to remain available until expended.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, $398,971,000, of which not to exceed $16,000 may be used 
for official receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as authorized, and 
not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and in 
addition, notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from business 
ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain available until expended 
for carrying out authorized purposes.

                          broadcasting to cuba

    For necessary expenses to enable the Broadcasting Board of 
Governors to carry out broadcasting to Cuba, including the purchase, 
rent, construction, and improvement of facilities for radio and 
television transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and 
reception, $22,095,000, to remain available until expended.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission and reception 
as authorized, $20,358,000, to remain available until expended, as 
authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for 
services as authorized by 5 U.S.C. 3109; and hire of passenger 
transportation pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 404. (a) Section 1(a)(2) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a(a)(2)) is amended by striking 
``and the Deputy Secretary of State'' and inserting ``, the Deputy 
Secretary of State, and the Deputy Secretary of State for Management 
and Resources''.
    (b) Section 5313 of title 5, United States Code, is amended by 
inserting ``Deputy Secretary of State for Management and Resources.'' 
after the item relating to the ``Deputy Secretary of State''.
    Sec. 405. None of the funds appropriated or otherwise made 
available in this Act for the United Nations may be used by the United 
Nations for the promulgation or enforcement of any treaty, resolution, 
or regulation authorizing the United Nations, or any of its specialized 
agencies or affiliated organizations, to tax any aspect of the 
Internet.
    Sec. 406. Notwithstanding any other provision of law, none of the 
funds appropriated or otherwise made available by this or any other Act 
may be used to allow for the entry into, or withdrawal from warehouse 
for consumption in the United States of diamonds if the country of 
origin in which such diamonds were mined (as evidenced by a legible 
certificate of origin) is the Republic of Sierra Leone, the Republic of 
Liberia, the Republic of Cote d'Ivoire, Burkina Faso, the Democratic 
Republic of the Congo, or the Republic of Angola with the exception of 
diamonds certified by the lawful governments of the Republic of Sierra 
Leone, the Democratic Republic of the Congo, or the Republic of Angola.
    Sec. 407. Section 37(a)(3) of the State Department Basic 
Authorities Act, as amended, (22 U.S.C. 2709) is amended by--
            (1) striking ``and'' at the end of subsection (a)(3)(C); 
        and
            (2) by inserting at the end the following new subsections:
                    ``(E) a departing Secretary of State for a period 
                of up to 180 days after the date of termination of that 
                individual's incumbency as Secretary of State, on the 
                basis of a threat assessment; and
                    ``(F) an individual who has been designated by the 
                President to serve as Secretary of State, prior to that 
                individual's appointment.''.
    Sec. 408. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State, and for the American Section 
of the International Joint Commission in Public Law 106-246, may be 
obligated and expended notwithstanding section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15 
of the State Department Basic Authorities Act of 1956, as amended.
    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2001''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                       maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $98,700,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $86,910,000.

          maritime guaranteed loan (title xi) program account

    For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $30,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,987,000, which shall be 
transferred to and merged with the appropriation for Operations and 
Training.

           administrative provisions--maritime administration

    Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefore shall be credited to 
the appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine Act, 
1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriation Act.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $490,000, as authorized by section 1303 of Public Law 
99-83.

                       Commission on Civil Rights

                         salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $8,900,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, 
That none of the funds appropriated in this paragraph shall be used to 
employ in excess of four full-time individuals under Schedule C of the 
Excepted Service exclusive of one special assistant for each 
Commissioner: Provided further, That none of the funds appropriated in 
this paragraph shall be used to reimburse Commissioners for more than 
75 billable days, with the exception of the chairperson, who is 
permitted 125 billable days.

                       Commission on Ocean Policy

                         salaries and expenses

    For the necessary expenses of the Commission on Ocean Policy, 
pursuant to S. 2327 as passed the Senate, $1,000,000, to remain 
available until expended: Provided, That the Commission shall present 
to the Congress within 18 months of appointment its recommendations for 
a national ocean policy.

            Commission on Security and Cooperation In Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $1,370,000, 
to remain available until expended as authorized by section 3 of Public 
Law 99-7.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $500,000, to remain 
available until expended.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
as amended (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, including 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 
private citizens; and not to exceed $30,000,000 for payments to State 
and local enforcement agencies for services to the Commission pursuant 
to title VII of the Civil Rights Act of 1964, as amended, sections 6 
and 14 of the Age Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, 
$303,864,000: Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from available funds.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception 
and representation expenses; purchase (not to exceed 16) and hire of 
motor vehicles; special counsel fees; and services as authorized by 5 
U.S.C. 3109, $230,000,000, of which not to exceed $300,000 shall remain 
available until September 30, 2002, for research and policy studies: 
Provided, That $200,146,000 of offsetting collections shall be assessed 
and collected pursuant to section 9 of title I of the Communications 
Act of 1934, as amended, and shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced as such offsetting collections are received during fiscal year 
2001 so as to result in a final fiscal year 2001 appropriation 
estimated at $29,854,000: Provided further, That any offsetting 
collections received in excess of $200,146,000 in fiscal year 2001 
shall remain available until expended, but shall not be available for 
obligation until October 1, 2001.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, $15,500,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; not to exceed $2,000 for official reception and 
representation expenses, $145,254,000: Provided, That not to exceed 
$300,000 shall be available for use to contract with a person or 
persons for collection services in accordance with the terms of 31 
U.S.C. 3718, as amended: Provided further, That, notwithstanding 
section 3302(b) of title 31, United States Code, not to exceed 
$145,254,000 of offsetting collections derived from fees collected for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used 
for necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 2001, so as to result in a 
final fiscal year 2001 appropriation from the general fund estimated at 
not more than $0, to remain available until expended: Provided further, 
That none of the funds made available to the Federal Trade Commission 
shall be available for obligation for expenses authorized by section 
151 of the Federal Deposit Insurance Corporation Improvement Act of 
1991 (Public Law 102-242; 105 Stat. 2282-2285).

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$330,000,000, of which $310,000,000 is for basic field programs and 
required independent audits; $2,200,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; $10,800,000 is for management 
and administration; and $7,000,000 is for client self-help and 
information technology.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2000 and 2001, respectively.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, as amended, $1,700,000.

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $127,800,000 from fees collected in fiscal 
year 2001 to remain available until expended, and from fees collected 
in fiscal year 1999, $295,000,000, to remain available until expended; 
of which not to exceed $10,000 may be used toward funding a permanent 
secretariat for the International Organization of Securities 
Commissions; and of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of their 
delegations, appropriate representatives and staff to exchange views 
concerning developments relating to securities matters, development and 
implementation of cooperation agreements concerning securities matters 
and provision of technical assistance for the development of foreign 
securities markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff and 
foreign invitees in attendance at such consultations and meetings 
including: (1) such incidental expenses as meals taken in the course of 
such attendance; (2) any travel and transportation to or from such 
meetings; and (3) any other related lodging or subsistence: Provided, 
That fees and charges authorized by sections 6(b)(4) of the Securities 
Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange 
Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this account as 
offsetting collections.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 105-135, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $331,635,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
servicing activities: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to be available for carrying out these purposes without 
further appropriations: Provided further, That $88,000,000 shall be 
available to fund grants for performance in fiscal year 2001 or fiscal 
year 2002 as authorized by section 21 of the Small Business Act, as 
amended: Provided further, That, of the funds made available under this 
heading, $4,000,000 shall be for the National Veterans Business 
Development Corporation established under section 33(a) of the Small 
Business Act (15 U.S.C. 657c).
    In addition, for the costs of programs related to the New Markets 
Venture Capital Program, $37,000,000, of which $7,000,000 shall be for 
BusinessLINC, and of which $30,000,000 shall be for technical 
assistance: Provided, That the funds appropriated under this paragraph 
shall not be available for obligation until the New Markets Venture 
Capital Program is authorized by subsequent legislation.
    In addition, to reimburse the Small Business Administration for 
qualified expenses of delinquent non-tax debt collection, to be derived 
from increased agency collections of delinquent debt, 5 percent of such 
collections but not to exceed $3,000,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $11,953,000.

                     business loans program account

    For the cost of direct loans, $2,250,000, to be available until 
expended; and for the cost of guaranteed loans, $163,160,000, as 
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 
available until September 30, 2002: Provided, That of the total 
provided, $22,000,000 shall be available only for the costs of 
guaranteed loans under the New Markets Venture Capital program and 
shall become available for obligation only upon authorization of such 
program by the enactment of subsequent legislation in fiscal year 2001: 
Provided further, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974, as amended: Provided further, That during fiscal year 
2001, commitments to guarantee loans under section 503 of the Small 
Business Investment Act of 1958, as amended, shall not exceed 
$3,750,000,000: Provided further, That during fiscal year 2001, 
commitments for general business loans authorized under section 7(a) of 
the Small Business Act, as amended, shall not exceed $10,000,000,000 
without prior notification of the Committees on Appropriations of the 
House of Representatives and Senate in accordance with section 605 of 
this Act: Provided further, That during fiscal year 2001, commitments 
to guarantee loans under section 303(b) of the Small Business 
Investment Act of 1958, as amended, shall not exceed $500,000,000.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $129,000,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, $76,140,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
loan program, $108,354,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office 
of Inspector General; of which $98,000,000 is for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program; and of which $9,854,000 is for indirect administrative 
expenses: Provided, That any amount in excess of $9,854,000 to be 
transferred to and merged with appropriations for Salaries and Expenses 
for indirect administrative expenses shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.

        administrative provision--small business administration

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Small Business Administration in this Act 
may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this paragraph shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572; 106 Stat. 4515-4516), $6,850,000, to remain 
available until expended: Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2001, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes offices, programs, or activities; or (6) contracts out or 
privatizes any functions, or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance of such reprogramming of 
funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2001, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 607. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 608. None of the funds made available in this Act may be used 
to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on 
religion, when it is made known to the Federal entity or official to 
which such funds are made available that such guidelines do not differ 
in any respect from the proposed guidelines published by the Commission 
on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 609. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds: (1) that 
the United Nations undertaking is a peacekeeping mission; (2) that such 
undertaking will involve United States Armed Forces under the command 
or operational control of a foreign national; and (3) that the 
President's military advisors have not submitted to the President a 
recommendation that such involvement is in the national security 
interests of the United States and the President has not submitted to 
the Congress such a recommendation.
    Sec. 610. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) The requirements in subparagraphs (A) and (B) of section 609 of 
that Act shall continue to apply during fiscal year 2001.
    Sec. 611. None of the funds made available in this Act shall be 
used to provide the following amenities or personal comforts in the 
Federal prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, or 
        other martial art, or any bodybuilding or weightlifting 
        equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates or 
        heating elements; or
            (5) the use or possession of any electric or electronic 
        musical instrument.
    Sec. 612. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration (NOAA) under the 
headings ``Operations, Research, and Facilities'' and ``Procurement, 
Acquisition and Construction'' may be used to implement sections 603, 
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a 
modernization plan for its fisheries research vessels that takes fully 
into account opportunities for contracting for fisheries surveys.
    Sec. 613. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 614. Hereafter, none of the funds made available in this Act 
to the Federal Bureau of Prisons may be used to distribute or make 
available any commercially published information or material to a 
prisoner when it is made known to the Federal official having authority 
to obligate or expend such funds that such information or material is 
sexually explicit or features nudity.
    Sec. 615. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to 
an entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 616. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 617. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999, as amended.
    (b) Subsection (a)(1) of section 616 of that Act, as amended, is 
further amended--
            (1) by striking ``and'' after ``Toussaint,''; and
            (2) by inserting before the semicolon at the end of the 
        subsection, ``, Jean Leopold Dominique, Jean-Claude Louissaint, 
        Legitime Athis and his wife, Christa Joseph Athis, Jean-Michel 
        Olophene, Claudy Myrthil, Merilus Deus, and Ferdinand Dorvil''.
    (c) The requirements in subsections (b) and (c) of section 616 of 
that Act shall continue to apply during fiscal year 2001.
    Sec. 618. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for: (1) the implementation of 
any tax or fee in connection with the implementation of 18 U.S.C. 
922(t); and (2) any system to implement 18 U.S.C. 922(t) that does not 
require and result in the destruction of any identifying information 
submitted by or on behalf of any person who has been determined not to 
be prohibited from owning a firearm.
    Sec. 619. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $537,500,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 620. None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 621. None of the funds appropriated in this Act shall be 
available for the purpose of granting either immigrant or nonimmigrant 
visas, or both, consistent with the Secretary's determination under 
section 243(d) of the Immigration and Nationality Act, to citizens, 
subjects, nationals, or residents of countries that the Attorney 
General has determined deny or unreasonably delay accepting the return 
of citizens, subjects, nationals, or residents under that section.
    Sec. 622. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 623. None of the funds appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan, 
at the Third Conference of the Parties to the United Nations Framework 
Convention on Climate Change, which has not been submitted to the 
Senate for advice and consent to ratification pursuant to article II, 
section 2, clause 2, of the United States Constitution, and which has 
not entered into force pursuant to article 25 of the Protocol.
    Sec. 624. Beginning 60 days from the date of the enactment of this 
Act, none of the funds appropriated or otherwise made available by this 
Act may be made available for the participation by delegates of the 
United States to the Standing Consultative Commission unless the 
President certifies and so reports to the Committees on Appropriations 
that the United States Government is not implementing the Memorandum of 
Understanding Relating to the Treaty Between the United States of 
America and the Union of Soviet Socialist Republics on the limitation 
of Anti-Ballistic Missile Systems of May 26, 1972, entered into in New 
York on September 26, 1997, by the United States, Russia, Kazakhstan, 
Belarus, and Ukraine, or until the Senate provides its advice and 
consent to the Memorandum of Understanding.
    Sec. 625. None of the funds appropriated in this Act may be 
available to the Department of State to approve the purchase of 
property in Arlington, Virginia by the Xinhua News Agency.
    Sec. 626. Title 18, section 4006(b)(1) is amended by inserting, ``, 
the Federal Bureau of Investigation'' after ``United States Marshals 
Service''.
    Sec. 627. Section 3022 of the 1999 Emergency Supplemental 
Appropriations Act (113 Stat. 100) is amended by striking ``between the 
date of enactment of this Act and October 1, 2000,''.
    Sec. 628. Section 623 of H.R. 3421 (the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 2000 (16 U.S.C. 3645)), as enacted into law by section 1000(a)(1) 
of Public Law 106-113 (113 Stat. 1535), is amended--
            (a) in subsection (a)(1) by striking ``The Northern Fund 
        and Southern Fund shall each receive $10,000,000 of the amounts 
        authorized by this section.'';
            (b) by striking subsection (d) and inserting in lieu 
        thereof the following new subsection:
    ``(d)(1) Pacific Salmon Treaty.--
            ``(A) For capitalizing the Northern Fund there is 
        authorized to be appropriated in fiscal years 2000, 2001, 2002, 
        and 2003 a total of $75,000,000.
            ``(B) For capitalizing the Southern Fund there is 
        authorized to be appropriated in fiscal years 2000, 2001, 2002, 
        and 2003 a total of $65,000,000.
            ``(C) To provide economic adjustment assistance to 
        fishermen pursuant to the 1999 Pacific Salmon Treaty Agreement, 
        there is authorized to be appropriated in fiscal years 2000, 
        2001, and 2002 a total of $30,000,000.
    ``(2) Pacific Coastal Salmon Recovery.--
            ``(A) For salmon habitat restoration, salmon stock 
        enhancement, and salmon research, including the construction of 
        salmon research and related facilities, there is authorized to 
        be appropriated for each of fiscal years 2000, 2001, 2002, and 
        2003, $90,000,000 to the States of Alaska, Washington, Oregon, 
        and California. Amounts appropriated pursuant to this 
        subparagraph shall be made available as direct payments. The 
        State of Alaska may allocate a portion of any funds it receives 
        under this subsection to eligible activities outside Alaska.
            ``(B) For salmon habitat restoration, salmon stock 
        enhancement, salmon research, and supplementation activities, 
        there is authorized to be appropriated in each of fiscal years 
        2000, 2001, 2002, and 2003, $10,000,000 to be divided between 
        the Pacific Coastal tribes (as defined by the Secretary of 
        Commerce) and the Columbia River tribes (as defined by the 
        Secretary of Commerce).''.
    Sec. 629. Section 3(3) of the Interstate Horseracing Act of 1978 
(15 U.S.C. 3002(3)) is amended by inserting ``and includes pari-mutuel 
wagers, where lawful in each State involved, placed or transmitted by 
an individual in one State via telephone or other electronic media and 
accepted by an off-track betting system in the same or another State, 
as well as the combination of any pari-mutuel wagering pools'' after 
``another State''.
    Sec. 630. (a) Section 7A(a) of the Clayton Act (15 U.S.C. 18a(a)) 
is amended to read as follows:
    ``(a) Except as exempted pursuant to subsection (c), no person 
shall acquire, directly or indirectly, any voting securities or assets 
of any other person, unless both persons (or in the case of a tender 
offer, the acquiring person) file notification pursuant to rules under 
subsection (d)(1) and the waiting period described in subsection (b)(1) 
has expired, if--
            ``(1) the acquiring person, or the person whose voting 
        securities or assets are being acquired, is engaged in commerce 
        or in any activity affecting commerce; and
            ``(2) as a result of such acquisition, the acquiring person 
        would hold an aggregate total amount of the voting securities 
        and assets of the acquired person--
                    ``(A) in excess of $200,000,000 (as adjusted and 
                published for each fiscal year beginning after 
                September 30, 2004, in the same manner as provided in 
                section 8(a)(5) to reflect the percentage change in the 
                gross national product for such fiscal year compared to 
                the gross national product for the year ending 
                September 30, 2003); or
                    ``(B)(i) in excess of $50,000,000 (as so adjusted 
                and published) but not in excess of $200,000,000 (as so 
                adjusted and published); and
                    ``(ii)(I) any voting securities or assets of a 
                person engaged in manufacturing which has annual net 
                sales or total assets of $10,000,000 (as so adjusted 
                and published) or more are being acquired by any person 
                which has total assets or annual net sales of 
                $100,000,000 (as so adjusted and published) or more;
                    ``(II) any voting securities or assets of a person 
                not engaged in manufacturing which has total assets of 
                $10,000,000 (as so adjusted and published) or more are 
                being acquired by any person which has total assets or 
                annual net sales of $100,000,000 (as so adjusted and 
                published) or more; or
                    ``(III) any voting securities or assets of a person 
                with annual net sales or total assets of $100,000,000 
                (as so adjusted and published) or more are being 
                acquired by any person with total assets or annual net 
                sales of $10,000,000 (as so adjusted and published) or 
                more.
In the case of a tender offer, the person whose voting securities are 
sought to be acquired by a person required to file notification under 
this subsection shall file notification pursuant to rules under 
subsection (d).''.
    (b) Section 605 of title VI of Public Law 101-162 (15 U.S.C. 18a 
note) is amended--
            (1) by inserting ``(a)'' after ``Sec. 605.'',
            (2) in the 1st sentence--
                    (A) by striking ``at $45,000'' and inserting ``in 
                subsection (b)'', and
                    (B) by striking ``Hart-Scott-Rodino Antitrust 
                Improvements Act of 1976'' and inserting ``section 7A 
                of the Clayton Act'', and
            (3) by adding at the end the following:
    ``(b) The filing fees referred to in subsection (a) are--
            ``(1) $45,000 if the aggregate total amount determined 
        under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) 
        is less than $100,000,000 (as adjusted and published for each 
        fiscal year beginning after September 30, 2004, in the same 
        manner as provided in section 8(a)(5) of the Clayton Act (15 
        U.S.C. 19(a)(5)) to reflect the percentage change in the gross 
        national product for such fiscal year compared to the gross 
        national product for the year ending September 30, 2003);
            ``(2) $125,000 if the aggregate total amount determined 
        under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) 
        is not less than $100,000,000 (as so adjusted and published) 
        but less than $500,000,000 (as so adjusted and published); and
            ``(3) $280,000 if the aggregate total amount determined 
        under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) 
        is not less than $500,000,000 (as so adjusted and 
        published).'',
            (4) by striking ``States.'' and inserting ``States'', and
            (5) by adding a period at the end.
    (c) Section 7A(e)(1) of the Clayton Act (15 U.S.C. 18a(e)(1)) is 
amended)--
            (1) by inserting ``(A)'' after ``(1)'', and
            (2) by inserting at the end the following:
    ``(B)(i) The Assistant Attorney General and the Federal Trade 
Commission shall each designate a senior official who does not have 
direct responsibility for the review of any enforcement recommendation 
under this section concerning the transaction at issue, to hear any 
petition filed by such person to determine--
            ``(I) whether the request for additional information or 
        documentary material is unreasonably cumulative, unduly 
        burdensome, or duplicative; or
            ``(II) whether the request for additional information or 
        documentary material has been substantially complied with by 
        the petitioning person.
    ``(ii) Internal review procedures for petitions filed pursuant to 
clause (i) shall include reasonable deadlines for expedited review of 
such petitions, after reasonable negotiations with investigative staff, 
in order to avoid undue delay of the merger review process.
    ``(iii) Not later than 90 days after the date of the enactment of 
this Act, the Assistant Attorney General and the Federal Trade 
Commission shall conduct an internal review and implement reforms of 
the merger review process in order to eliminate unnecessary burden, 
remove costly duplication, and eliminate undue delay, in order to 
achieve a more effective and more efficient merger review process.
    ``(iv) Not later than 120 days after the date of enactment of this 
Act, the Assistant Attorney General and the Federal Trade Commission 
shall issue or amend their respective industry guidance, regulations, 
operating manuals and relevant policy documents, to the extent 
appropriate, to implement each reform in this subparagraph.
    ``(v) Not later than 180 days after the date the of enactment of 
this Act, the Assistant Attorney General and the Federal Trade 
Commission shall each report to Congress--
            ``(I) which reforms each agency has adopted under this 
        subparagraph;
            ``(II) which steps each has taken to implement such 
        internal reforms; and
            ``(III) the effects of such reforms.''.
    (d) Section 7A of the Clayton Act (15 U.S.C. 18a) is amended--
            (1) in subsection (e)(2), by striking ``20 days'' and 
        inserting ``30 days'', and
            (2) by adding at the end the following:
    ``(k) If the end of any period of time provided in this section 
falls on a Saturday, Sunday, or legal public holiday (as defined in 
section 6103(a) of title 5 of the United States Code), then such period 
shall be extended to the end of the next day that is not a Saturday, 
Sunday, or legal public holiday.''.
    (e) This section and the amendments made by this section shall take 
effect on the 1st day of the 1st month that begins more than 30 days 
after the date of the enactment of this Act.
    Sec. 631. (a) The Secretary of the Army is authorized to take all 
necessary measures to further stabilize and renovate Lock and Dam 10 at 
Boonesborough, Kentucky, with the purpose of extending the design life 
of the structure by an additional 50 years, at a total cost of 
$24,000,000, with an estimated Federal cost of $19,200,000 and an 
estimated non-Federal cost of $4,800,000.
    (b) For purposes of this section only, ``stabilize and renovate'' 
shall include, but shall not be limited to, the following activities: 
stabilization of the main dam, auxiliary dam and lock; renovation of 
all operational aspects of the lock; and elevation of the main and 
auxiliary dams.
    Sec. 632. (a)(1) The Federal Communications Commission shall modify 
the rules authorizing the operation of low-power FM radio stations, as 
proposed in MM Docket No. 99-25, to--
            (A) prescribe minimum distance separations for third-
        adjacent channels (as well as for co-channels and first- and 
        second-adjacent channels); and
            (B) prohibit any applicant from obtaining a low-power FM 
        license if the applicant has engaged in any manner in the 
        unlicensed operation of any station in violation of section 301 
        of the Communications Act of 1934 (47 U.S.C. 301).
    (2) The Federal Communications Commission may not--
            (A) eliminate or reduce the minimum distance separations 
        for third-adjacent channels required by paragraph (1)(A); or
            (B) extend the eligibility for application for low-power FM 
        stations beyond the organizations and entities as proposed in 
        MM Docket No. 99-25 (47 CFR 73.853),
except as expressly authorized by an Act of Congress enacted after the 
date of the enactment of this Act.
    (3) Any license that was issued by the Commission to a low-power FM 
station prior to the date on which the Commission modifies its rules as 
required by paragraph (1) and that does not comply with such 
modifications shall be invalid.
    (b)(1) The Federal Communications Commission shall conduct an 
experimental program to test whether low-power FM radio stations will 
result in harmful interference to existing FM radio stations if such 
stations are not subject to the minimum distance separations for third-
adjacent channels required by subsection (a). The Commission shall 
conduct such test in no more than nine FM radio markets, including 
urban, suburban, and rural markets, by waiving the minimum distance 
separations for third-adjacent channels for the stations that are the 
subject of the experimental program. At least one of the stations shall 
be selected for the purpose of evaluating whether minimum distance 
separations for third-adjacent channels are needed for FM translator 
stations. The Commission may, consistent with the public interest, 
continue after the conclusion of the experimental program to waive the 
minimum distance separations for third-adjacent channels for the 
stations that are the subject of the experimental program.
    (2) The Commission shall select an independent testing entity to 
conduct field tests in the markets of the stations in the experimental 
program under paragraph (1). Such field tests shall include--
            (A) an opportunity for the public to comment on 
        interference; and
            (B) independent audience listening tests to determine what 
        is objectionable and harmful interference to the average radio 
        listener.
    (3) The Commission shall publish the results of the experimental 
program and field tests and afford an opportunity for the public to 
comment on such results. The Federal Communications Commission shall 
submit a report on the experimental program and field tests to the 
Committee on Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate not later than 
February 1, 2001. Such report shall include--
            (A) an analysis of the experimental program and field tests 
        and of the public comment received by the Commission;
            (B) an evaluation of the impact of the modification or 
        elimination of minimum distance separations for third-adjacent 
        channels on--
                    (i) listening audiences;
                    (ii) incumbent FM radio broadcasters in general, 
                and on minority and small market broadcasters in 
                particular, including an analysis of the economic 
                impact on such broadcasters;
                    (iii) the transition to digital radio for 
                terrestrial radio broadcasters;
                    (iv) stations that provide a reading service for 
                the blind to the public; and
                    (v) FM radio translator stations;
            (C) the Commission's recommendations to the Congress to 
        reduce or eliminate the minimum distance separations for third-
        adjacent channels required by subsection (a); and
            (D) such other information and recommendations as the 
        Commission considers appropriate.
    Sec. 633. For an additional amount for ``Small Business 
Administration, Salaries and Expenses'', $40,000,000, of which 
$2,500,000 shall be available for a grant to the NTTC at Wheeling 
Jesuit University to continue the outreach program to assist small 
business development; $600,000 shall be available for a grant for 
Western Carolina University to develop a tourism and hospitality 
curriculum; $2,500,000 shall be available for a grant to the Bronx 
Museum of the Arts, New York, to develop facilities, including the 
Museum's participation in the Point Residency and the Community Gallery 
projects; $1,000,000 shall be available for a grant to Soundview 
Community in Action in the Bronx, New York, for a technology access and 
business improvement project; $5,000,000 shall be available for the 
Center for Rural Development, Somerset, Kentucky, for a regional 
program of technology workforce development; $1,500,000 shall be 
available for a grant to the State University of New York to develop a 
facility and operate the Institute of Entrepreneurship for small 
business and workforce development; $500,000 shall be available for a 
grant for Pike County, Kentucky, for an interpretive development 
initiative; $1,000,000 shall be available for a grant to the East Los 
Angeles Community Union to develop a facility; $5,000,000 shall be 
available for a grant to the Southern Kentucky Tourism Development 
Association for a regional tourism promotion initiative; $1,500,000 
shall be available for a grant for Union College, Barbourville, 
Kentucky, for a technology and media center; $500,000 shall be 
available for a grant to the National Corrections and Law Enforcement 
Training and Technology Center, Inc., to work in conjunction with the 
Office of Law Enforcement Technology Commercialization and the 
Moundsville Economic Development Council for continued operations of 
the National Corrections and Law Enforcement Training and Technology 
Center, and for infrastructure improvements associated with this 
initiative; $2,000,000 shall be available for a grant for the City of 
Paintsville, Kentucky, for a regional arts and tourism center; $200,000 
shall be available for a grant for the Vandalia Heritage Foundation to 
fulfill its charter purposes; $800,000 shall be available for a grant 
for the Museum of Science and Industry to develop a Manufacturing 
Learning Center; $200,000 shall be available for a grant to Rural 
Enterprises, Inc., in Durant, Oklahoma, to continue support for a 
resource center for rural businesses; $1,000,000 shall be available for 
a grant for Greenpoint Manufacturing and Design Center to acquire 
certain properties to develop a small business incubator facility; 
$1,000,000 shall be available for a grant to the Long Island Bay Shore 
Aquarium to develop a facility; $200,000 shall be available for a grant 
for Old Sturbridge Village's Threshold Project to develop an arts and 
tourism facility; $1,300,000 shall be available for a grant to Pulaski 
County, Kentucky, for an emergency training center; $2,000,000 shall be 
available for a grant for Promesa Enterprises in the Bronx, New York, 
to assist community-based businesses; $1,000,000 shall be available for 
a grant to the City of Oak Ridge, Tennessee, to develop a center to 
support technology and economic development initiatives; $1,000,000 
shall be available for a grant for the Safer Foundation to develop a 
facility; $250,000 shall be available for a grant for the Johnstown 
Area Regional Industries Center for a Workforce Development initiative; 
$600,000 shall be available for a grant for the Buckhorn Children's 
Foundation for a community-based youth development facility; $250,000 
shall be available for a grant for the Johnstown Area Regional 
Industries Center to continue support for the Entrepreneur Challenge 
2000 small business incubator initiative; $250,000 shall be available 
for a grant to the Business Development Assistance Group to establish 
an Entrepreneurship Center for New Americans in Northern Virginia; 
$1,000,000 shall be available for a grant for the Brotherhood Business 
Development and Capital Fund for a small business technical assistance 
and loan program; $900,000 shall be available for a grant for the 
Arizona Department of Public Safety for planning and design for 
infrastructure improvements; $250,000 shall be available for a grant 
for Gadsden State Community College to develop a Center for Economic 
Development; $2,000,000 shall be available for a grant to Morehead 
State University for a science research and technology center; $350,000 
shall be available for a grant for the Nicholas County, Kentucky, 
Industrial Authority to acquire certain properties in Carlisle, 
Kentucky, to develop a small business initiative; $350,000 shall be 
available for a grant for Montgomery County, Kentucky, to develop an 
education and training facility; $500,000 shall be available for a 
grant to the New York City Department of Parks and Recreation, Bronx 
County, to develop a river house facility; $500,000 shall be available 
for a grant to the New York Public Library Mott Haven Branch in the 
Bronx, New York, to develop a facility; and $500,000 shall be available 
for a grant to the Oklahoma Department of Career and Technology 
Education for a technology-based pilot program for vocational training 
for economic and job development.
    Sec. 634. None of the funds provided in this or any previous Act, 
or hereinafter made available to the Department of Commerce shall be 
available to issue or renew, for any fishing vessel, any general or 
harpoon category fishing permit for Atlantic bluefin tuna that would 
allow the vessel--
            (1) to use an aircraft to locate, or otherwise assist in 
        fishing for, catching, or possessing Atlantic bluefin tuna; or
            (2) to fish for, catch, or possessing Atlantic bluefin tuna 
        located by the use of an aircraft.
    Sec. 635. (a) This section may be cited as ``Amy Boyer's Law''.
    (b) Congress makes the following findings:
            (1) The inappropriate display, sale, or use of social 
        security numbers is a significant factor in a growing range of 
        illegal activities, including fraud, identity theft, and, in 
        some cases, stalking and other violent crimes.
            (2) Because social security numbers are used to track 
        financial, health care, and other sensitive information about 
        individuals, the inappropriate sale or display of those numbers 
        to the general public can result in serious invasions of 
        individual privacy and facilitate the commission of criminal 
        activity.
            (3) The Federal Government requires virtually every 
        individual in the United States to obtain and maintain a social 
        security number in order to pay taxes, to qualify for social 
        security benefits, or to seek employment. An unintended 
        consequence of these requirements is that social security 
        numbers have become tools that can be used to facilitate crime, 
        fraud, and invasions of the privacy of the individuals to whom 
        the numbers are assigned. Because the Federal Government 
        created and maintains the social security number system, and 
        because the Federal Government does not permit persons to 
        exempt themselves from the requirements of that system, it is 
        appropriate for the Federal Government to take steps to stem 
        abuse of the system.
            (4) A social security number is simply a sequence of 
        numbers. In no meaningful sense can the number itself impart 
        knowledge or ideas. Persons do not sell or transfer such 
        numbers in order to convey any particularized message, nor to 
        express to the purchaser any ideas, knowledge, or thoughts.
            (5) No one should seek to profit from the display or sale 
        to the general public of social security numbers in 
        circumstances that create a substantial risk of physical, 
        emotional, or financial harm to the individuals to whom those 
        numbers are assigned.
            (6) Various entities may display, sell, or use social 
        security numbers, including the private sector, the Federal 
        Government and State governments, and Federal and State courts. 
        Whatever the source, the inappropriate display or sale to the 
        general public of social security numbers should be prevented.
            (7) Congress should enact legislation that will offer an 
        individual assigned a social security number necessary 
        protection from the display, sale, or purchase of the number in 
        circumstances that might facilitate unlawful conduct or that 
        might otherwise likely result in unfair and deceptive 
        practices.
    (c)(1) Part A of title XI of the Social Security Act (42 U.S.C. 
1301 et seq.) is amended by adding at the end the following new 
section:

     ``prohibition of certain misuses of the social security number

    ``Sec. 1150A. (a) Except as otherwise provided in this section, no 
person may display or sell to the general public any individual's 
social security number, or any identifiable derivative of such number, 
without the affirmatively expressed consent, electronically or in 
writing, of the individual.
    ``(b) No person may obtain any individual's social security number, 
or any identifiable derivative of such number, for purposes of locating 
or identifying an individual with the intent to physically injure, 
harm, or use the identity of the individual for illegal purposes.
    ``(c) In order for consent to exist under subsection (a), the 
person displaying, or seeking to display, or selling or attempting to 
sell, an individual's social security number, or any identifiable 
derivative of such number, shall--
            ``(1) inform the individual of the general purposes for 
        which the number will be utilized and the types of persons to 
        whom the number may be available; and
            ``(2) obtain affirmatively expressed consent electronically 
        or in writing.
    ``(d) Except as set forth in subsection (b), nothing in this 
section shall be construed to prohibit or limit the display, sale, or 
use of a social security number--
            ``(1)(A) permitted, required, or excepted, expressly or by 
        implication, under section 205(c)(2), section 7(a)(2) of the 
        Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), 
        section 6109(d) of the Internal Revenue Code of 1986, the Fair 
        Credit Reporting Act (15 U.S.C. 1681 et seq.), title V of the 
        Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), or the Health 
        Insurance Portability and Accountability Act of 1996 (Public 
        Law 104-191; 110 Stat. 1936) or the amendments made by that 
        Act, or (B) in connection with an activity authorized under or 
        pursuant to section 4(k) of the Bank Holding Company Act of 
        1956 (12 U.S.C. 1843(k)), whether or not such activity is 
        conducted by or subject to any limitations or requirements 
        applicable to a financial holding company;
            ``(2) by a professional or commercial user who 
        appropriately uses the information in the normal course and 
        scope of their businesses for purposes of retrieval of other 
        information, except that the professional or commercial user 
        may not display or sell the number (or any identifiable 
        derivative of the number) to the general public;
            ``(3) for purposes of law enforcement, including 
        investigation of fraud or as required under subchapter II of 
        chapter 53 of title 31, United States Code, and chapter 2 of 
        title I of Public Law 91-508 (12 U.S.C. 1951-1959); or
            ``(4) that may appear in a public record including, but not 
        limited to, proceedings or records of Federal or State courts.
    ``(e)(1) Any individual aggrieved by any act of any person in 
violation of this section may bring a civil action in a United States 
district court to recover--
            ``(A) such preliminary and equitable relief as the court 
        determines to be appropriate; and
            ``(B) the greater of--
                    ``(i) actual damages;
                    ``(ii) liquidated damages of $2,500; or
                    ``(iii) in the case of a violation that was willful 
                and resulted in profit or monetary gain, liquidated 
                damages of $10,000.
    ``(2) In the case of a civil action brought under paragraph 
(1)(B)(iii) in which the aggrieved individual has substantially 
prevailed, the court may assess against the respondent a reasonable 
attorney's fee and other litigation costs and expenses (including 
expert fees) reasonably incurred.
    ``(3) No action may be commenced under this subsection more than 3 
years after the date on which the violation was or should reasonably 
have been discovered by the aggrieved individual.
    ``(4) The remedy provided under this subsection shall be in 
addition to any other lawful remedy available to the individual.
    ``(f)(1) Any person who the Commissioner of Social Security 
determines has violated this section shall be subject, in addition to 
any other penalties that may be prescribed by law, to--
            ``(A) a civil money penalty of not more than $5,000 for 
        each such violation; and
            ``(B) a civil money penalty of not more than $50,000, if 
        violations have occurred with such frequency as to constitute a 
        general business practice.
    ``(2) Any willful violation committed contemporaneously with 
respect to the social security numbers of 2 or more individuals by 
means of mail, telecommunication, or otherwise shall be treated as a 
separate violation with respect to each such individual.
    ``(3) The provisions of section 1128A (other than subsections (a), 
(b), (f), (h), (i), (j), and (m), and the first sentence of subsection 
(c)) and the provisions of subsections (d) and (e) of section 205 shall 
apply to civil money penalties under this subsection in the same manner 
as such provisions apply to a penalty or proceeding under section 
1128A(a), except that, for purposes of this paragraph, any reference in 
section 1128A to the Secretary shall be deemed a reference to the 
Commissioner of Social Security.
    ``(g) In this section, the term `display or sell to the general 
public' means the intentional placing of an individual's social 
security number, or identifying portion thereof, in a viewable manner 
on a web site that makes such information available to the general 
public, or otherwise intentionally communicating an individual's social 
security number, or an identifying portion thereof, to the general 
public.
    ``(h) Nothing in this section shall be construed to limit the use 
of social security numbers by the Federal Government for governmental 
purposes, including any of the following purposes:
            ``(1) National security.
            ``(2) Law enforcement.
            ``(3) Public health.
            ``(4) Federal or federally-funded research conducted for 
        the purposes of advancing knowledge.
            ``(5) When such numbers are required to be submitted as 
        part of the process for applying for any type of government 
        benefit or program.''.
    (2) Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is 
amended--
            (1) in paragraph (8), by inserting ``or'' after the 
        semicolon; and
            (2) by inserting after paragraph (8), the following new 
        paragraphs:
            ``(9) except as provided in section 1150A(d), knowingly and 
        willfully displays or sells to the general public (as defined 
        in section 1150A(g)) any individual's social security number, 
        or any identifiable derivative of such number, without the 
        affirmatively expressed consent (as defined in section 
        1150A(c)), electronically or in writing, of such individual; or
            ``(10) obtains any individual's social security number, or 
        any identifiable derivative of such number, for purposes of 
        locating or identifying an individual with the intent to 
        physically injure, harm, or use the identity of the individual 
        for illegal purposes;''.
            (3) The amendments made by this subsection apply with 
        respect to violations occurring on and after the date that is 2 
        years after the date of enactment of this Act.
    (d)(1) The Comptroller General of the United States shall conduct a 
study of the feasibility and advisability of imposing additional 
limitations or prohibitions on the use of social security numbers in 
public records.
    (2) Not later than 1 year after the date of enactment of this 
section, the Comptroller General shall submit to Congress a report on 
the study conducted under paragraph (1). The report shall include a 
detailed description of the activities and results of the study and 
such recommendations for legislative action as the Comptroller General 
considers appropriate.
    Sec. 636. The Cuyahoga Valley National Park shall not be 
redesignated as a Class I area under title I, Part C of the Clean Air 
Act, 42 U.S.C. sections 7470-7479.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                    Drug Enforcement Administration

                   drug diversion control fee account

                              (rescission)

    Amounts otherwise available for obligation in fiscal year 2001 for 
the Drug Diversion Control Fee Account are reduced by $8,000,000.

                            RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

          maritime guaranteed loan (title xi) program account

                              (rescission)

    Of the funds provided under this heading in Public Law 104-208, 
$7,644,000 are rescinded.

              TITLE VIII--DEBT REDUCTION AND OTHER MATTER

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt

      gifts to the united states for reduction of the public debt

    For deposit on November 1, 2000, of an additional amount into the 
account established under section 3113(d) of title 31, United States 
Code, to reduce the public debt, the amount equal to the difference 
between $240,088,000,000 and the aggregate amount deposited into this 
account in other appropriation Acts for fiscal year 2001 enacted before 
such date.

                           general provision

    Sec. 801. Beginning on the first day of the 107th Congress, the 
Presiding officer of the Senate shall apply all of the precedents of 
the Senate under Rule XXVIII in effect at the conclusion of the 103rd 
Congress. Further that there is now in effect a Standing order of the 
Senate that the reading of conference reports, are no longer required, 
if the said conference report is available in the Senate.

           TITLE IX--WILDLIFE, OCEAN AND COASTAL CONSERVATION

SEC. 901. WILDLIFE CONSERVATION AND RESTORATION PLANNING.

    For expenses necessary to support activities that supplement, but 
not replace, existing funding available to the States and territories 
from the sport fish restoration account and wildlife restoration 
account and shall be used for the development, revision, and 
implementation of wildlife conservation and restoration plans and 
programs, $50,000,000, to remain available until expended: Provided, 
That these funds may be used by a State, territory or an Indian Tribe 
for the planning and implementation of its wildlife conservation and 
restoration program and wildlife conservation strategy, including 
wildlife conservation, wildlife conservation education, and wildlife-
associated recreation projects: Provided further, That the Secretary, 
after deducting administrative expenses shall make the following 
apportionment from the Wildlife Conservation and Restoration Account: 
(A) to the District of Columbia and to the Commonwealth of Puerto Rico, 
each a sum equal to not more than one-half of 1 percent thereof; (B) to 
Guam, American Samoa, the Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the Wildlife Conservation and 
Restoration Account for each year among the States in the following 
manner: (A) one-third of which is based on the ratio to which the land 
area of such State bears to the total land area of all such States; 
and, (B) two-thirds of which is based on the ratio to which the 
population of such State bears to the total population of all such 
States: Provided further, That the amounts apportioned under this 
paragraph shall be adjusted equitably so that no State shall be 
apportioned a sum which is less than 1 percent of the amount available 
for apportionment under this paragraph for any fiscal year or more than 
5 percent of such amount: Provided further, That no State, territory or 
other jurisdiction shall receive a grant unless it has certified to the 
Service that it has in place, or has agreed to develop by a mutually 
agreed date certain, a wildlife conservation strategy and plan.

SEC. 902. WILDLIFE CONSERVATION AND RESTORATION.

    (a) Purposes.--The purposes of this section are--
            (1) to extend financial and technical assistance to the 
        States under the Federal Aid to Wildlife Restoration Act for 
        the benefit of a diverse array of wildlife and associated 
        habitats, including species that are not hunted or fished, to 
        fulfill unmet needs of wildlife within the States in 
        recognition of the primary role of the States to conserve all 
        wildlife;
            (2) to assure sound conservation policies through the 
        development, revision, and implementation of a comprehensive 
        wildlife conservation and restoration plan;
            (3) to encourage State fish and wildlife agencies to 
        participate with the Federal Government, other State agencies, 
        wildlife conservation organizations and outdoor recreation and 
        conservation interests through cooperative planning and 
        implementation of this title; and
            (4) to encourage State fish and wildlife agencies to 
        provide for public involvement in the process of development 
        and implementation of a wildlife conservation and restoration 
        program.
    (b) Reference to Law.--In this section, the term ``Federal Aid in 
Wildlife Restoration Act'' means the Act of September 2, 1937 (16 
U.S.C. 669 et seq.), commonly referred to as the Federal Aid in 
Wildlife Restoration Act or the Pittman-Robertson Act.
    (c) Definitions.--Section 2 of the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669a) is amended to read as follows:

``SEC. 2. DEFINITIONS.

    ``As used in this Act--
            ``(1) the term `conservation' means the use of methods and 
        procedures necessary or desirable to sustain healthy 
        populations of wildlife, including all activities associated 
        with scientific resources management such as research, census, 
        monitoring of populations, acquisition, improvement and 
        management of habitat, live trapping and transplantation, 
        wildlife damage management, and periodic or total protection of 
        a species or population, as well as the taking of individuals 
        within wildlife stock or population if permitted by applicable 
        State and Federal law;
            ``(2) the term `Secretary' means the Secretary of the 
        Interior;
            ``(3) the term `State fish and game department' or `State 
        fish and wildlife department' means any department or division 
        of department of another name, or commission, or official or 
        officials, of a State empowered under its laws to exercise the 
        functions ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
            ``(4) the term `wildlife' means any species of wild, free-
        ranging fauna including fish, and also fauna in captive 
        breeding programs the object of which is to reintroduce 
        individuals of a depleted indigenous species into previously 
        occupied range;
            ``(5) the term `wildlife-associated recreation' means 
        projects intended to meet the demand for outdoor activities 
        associated with wildlife including, but not limited to, hunting 
        and fishing, wildlife observation and photography, such 
        projects as construction or restoration of wildlife viewing 
        areas, observation towers, blinds, platforms, land and water 
        trails, water access, field trialing, trail heads, and access 
        for such projects;
            ``(6) the term `wildlife conservation and restoration 
        program' means a program developed by a State fish and wildlife 
        department and approved by the Secretary under section 304(d), 
        the projects that constitute such a program, which may be 
        implemented in whole or part through grants and contracts by a 
        State to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate information on 
        wildlife and their habitats), wildlife conservation 
        organizations, and outdoor recreation and conservation 
        education entities from funds apportioned under this title, and 
        maintenance of such projects;
            ``(7) the term `wildlife conservation education' means 
        projects, including public outreach, intended to foster 
        responsible natural resource stewardship; and
            ``(8) the term `wildlife-restoration project' includes the 
        wildlife conservation and restoration program and means the 
        selection, restoration, rehabilitation, and improvement of 
        areas of land or water adaptable as feeding, resting, or 
        breeding places for wildlife, including acquisition of such 
        areas or estates or interests therein as are suitable or 
        capable of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to make 
        them available for such purposes and also including such 
        research into problems of wildlife management as may be 
        necessary to efficient administration affecting wildlife 
        resources, and such preliminary or incidental costs and 
        expenses as may be incurred in and about such projects.''.
    (d) Wildlife Conservation and Restoration Account.--Section 3 of 
the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669b) is 
amended--
            (1) in subsection (a) by inserting ``(1)'' after ``(a)'', 
        and by adding at the end the following:
            ``(2) There is established in the Federal aid to wildlife 
        restoration fund a subaccount to be known as the `Wildlife 
        Conservation and Restoration Account'. There are authorized to 
        be appropriated for the purposes of the Wildlife Conservation 
        and Restoration Account $50,000,000 in fiscal year 2001 for 
        apportionment in accordance with this Act to carry out State 
        wildlife conservation and restoration programs. Further, 
        interest on amounts transferred shall be treated in a manner 
        consistent with 16 U.S.C. 669(b)(1)).''; and
            (2) by adding at the end the following:
    ``(c)(1) Amounts transferred to the Wildlife Conservation and 
Restoration Account shall supplement, but not replace, existing funds 
available to the States from the sport fish restoration account and 
wildlife restoration account and shall be used for the development, 
revision, and implementation of wildlife conservation and restoration 
programs and should be used to address the unmet needs for a diverse 
array of wildlife and associated habitats, including species that are 
not hunted or fished, for wildlife conservation, wildlife conservation 
education, and wildlife-associated recreation projects. Such funds may 
be used for new programs and projects as well as to enhance existing 
programs and projects.
    ``(2) Funds may be used by a State or an Indian tribe for the 
planning and implementation of its wildlife conservation and 
restoration program and wildlife conservation strategy, as provided in 
sections 4(d) and (e) of this Act, including wildlife conservation, 
wildlife conservation education, and wildlife-associated recreation 
projects. Such funds may be used for new programs and projects as well 
as to enhance existing programs and projects.
    ``(3) Priority for funding from the Wildlife Conservation and 
Restoration Account shall be for those species with the greatest 
conservation need as defined by the State wildlife conservation and 
restoration program.
    ``(d) Notwithstanding subsections (a) and (b) of this section, with 
respect to amounts transferred to the Wildlife Conservation and 
Restoration Account, so much of such amounts apportioned to any State 
for any fiscal year as remains unexpended at the close thereof shall 
remain available for obligation in that State until the close of the 
second succeeding fiscal year.''.
    (e) Apportionments of Amounts.--Section 4 of the Federal Aid in 
Wildlife Restoration Act (16 U.S.C. 669c) is amended by adding at the 
end the following new subsection:
    ``(c) Apportionment of Wildlife Conservation and Restoration 
Account.--
            ``(1) The Secretary of the Interior shall make the 
        following apportionment from the Wildlife Conservation and 
        Restoration Account:
                    ``(A) to the District of Columbia and to the 
                Commonwealth of Puerto Rico, each a sum equal to not 
                more than one-half of 1 percent thereof.
                    ``(B) to Guam, American Samoa, the Virgin Islands, 
                and the Commonwealth of the Northern Mariana Islands, 
                each a sum equal to not more than one-fourth of 1 
                percent thereof.
            ``(2)(A) The Secretary of the Interior, after making the 
        apportionment under paragraph (1), shall apportion the 
        remaining amount in the Wildlife Conservation and Restoration 
        Account for each fiscal year among the States in the following 
        manner:
                    ``(i) one-third of which is based on the ratio to 
                which the land area of such State bears to the total 
                land area of all such States; and
                    ``(ii) two-thirds of which is based on the ratio to 
                which the population of such State bears to the total 
                population of all such States.
            ``(B) The amounts apportioned under this paragraph shall be 
        adjusted equitably so that no such State shall be apportioned a 
        sum which is less than one percent of the amount available for 
        apportionment under this paragraph for any fiscal year or more 
        than five percent of such amount.
            ``(3) Of the amounts transferred to the Wildlife 
        Conservation and Restoration Account, not to exceed 3 percent 
        shall be available for any Federal expenses incurred in the 
        administration and execution of programs carried out with such 
        amounts.
    ``(d) Wildlife Conservation and Restoration Programs.--
            ``(1) Any State, through its fish and wildlife department, 
        may apply to the Secretary of the Interior for approval of a 
        wildlife conservation and restoration program, or for funds 
        from the Wildlife Conservation and Restoration Account, to 
        develop a program. To apply, a State shall submit a 
        comprehensive plan that includes--
                    ``(A) provisions vesting in the fish and wildlife 
                department of the State overall responsibility and 
                accountability for the program;
                    ``(B) provisions for the development and 
                implementation of--
                            ``(i) wildlife conservation projects that 
                        expand and support existing wildlife programs, 
                        giving appropriate consideration to all 
                        wildlife;
                            ``(ii) wildlife-associated recreation 
                        projects; and
                            ``(iii) wildlife conservation education 
                        projects pursuant to programs under section 
                        8(a); and
                    ``(C) provisions to ensure public participation in 
                the development, revision, and implementation of 
                projects and programs required under this paragraph.
                    ``(D) Wildlife conservation strategy.--Within five 
                years of the date of the initial apportionment, develop 
                and begin implementation of a wildlife conservation 
                strategy based upon the best available and appropriate 
                scientific information and data that--
                            ``(i) uses such information on the 
                        distribution and abundance of species of 
                        wildlife, including low population and 
                        declining species as the State fish and 
                        wildlife department deems appropriate, that are 
                        indicative of the diversity and health of 
                        wildlife of the State;
                            ``(ii) identifies the extent and condition 
                        of wildlife habitats and community types 
                        essential to conservation of species identified 
                        under paragraph (1);
                            ``(iii) identifies the problems which may 
                        adversely affect the species identified under 
                        paragraph (1) or their habitats, and provides 
                        for priority research and surveys to identify 
                        factors which may assist in restoration and 
                        more effective conservation of such species and 
                        their habitats;
                            ``(iv) determines those actions which 
                        should be taken to conserve the species 
                        identified under paragraph (1) and their 
                        habitats and establishes priorities for 
                        implementing such conservation actions;
                            ``(v) provides for periodic monitoring of 
                        species identified under paragraph (1) and 
                        their habitats and the effectiveness of the 
                        conservation actions determined under paragraph 
                        (4), and for adapting conservation actions as 
                        appropriate to respond to new information or 
                        changing conditions;
                            ``(vi) provides for the review of the State 
                        wildlife conservation strategy and, if 
                        appropriate, revision at intervals of not more 
                        than ten years;
                            ``(vii) provides for coordination to the 
                        extent feasible the State fish and wildlife 
                        department, during the development, 
                        implementation, review, and revision of the 
                        wildlife conservation strategy, with Federal, 
                        State, and local agencies and Indian tribes 
                        that manage significant areas of land or water 
                        within the State, or administer programs that 
                        significantly affect the conservation of 
                        species identified under paragraph (1) or their 
                        habitats.
            ``(2) A State shall provide an opportunity for public 
        participation in the development of the comprehensive plan 
        required under paragraph (1).
            ``(3) If the Secretary finds that the comprehensive plan 
        submitted by a State complies with paragraph (1), the Secretary 
        shall approve the wildlife conservation and restoration program 
        of the State and set aside from the apportionment to the State 
        made pursuant to subsection (c) an amount that shall not exceed 
        75 percent of the estimated cost of developing and implementing 
        the program.
            ``(4)(A) Except as provided in subparagraph (B), after the 
        Secretary approves a State's wildlife conservation and 
        restoration program, the Secretary may make payments on a 
        project that is a segment of the State's wildlife conservation 
        and restoration program as the project progresses. Such 
        payments, including previous payments on the project, if any, 
        shall not be more than the United States pro rata share of such 
        project. The Secretary, under such regulations as he may 
        prescribe, may advance funds representing the United States pro 
        rata share of a project that is a segment of a wildlife 
        conservation and restoration program, including funds to 
        develop such program.
            ``(B) Not more than 10 percent of the amounts apportioned 
        to each State under this section for a State's wildlife 
        conservation and restoration program may be used for wildlife-
        associated recreation.
            ``(5) For purposes of this subsection, the term `State' 
        shall include the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.''.
    (f) FACA.--Coordination with State fish and wildlife agency 
personnel or with personnel of other State agencies pursuant to the 
Federal Aid in Wildlife Restoration Act or the Federal Aid in Sport 
Fish Restoration Act shall not be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.). Except for the preceding sentence, the 
provisions of this title relate solely to wildlife conservation and 
restoration programs and shall not be construed to affect the 
provisions of the Federal Aid in Wildlife Restoration Act relating to 
wildlife restoration projects or the provisions of the Federal Aid in 
Sport Fish Restoration Act relating to fish restoration and management 
projects.
    (g) Education.--Section 8(a) of the Federal Aid in Wildlife 
Restoration Act (16 U.S.C. 669g(a)) is amended by adding the following 
at the end thereof: ``Funds from the Wildlife Conservation and 
Restoration Account may be used for a wildlife conservation education 
program, except that no such funds may be used for education efforts, 
projects, or programs that promote or encourage opposition to the 
regulated taking of wildlife.''.
    (h) Prohibition Against Diversion.--No designated State agency 
shall be eligible to receive matching funds under this title if sources 
of revenue available to it after January 1, 2000, for conservation of 
wildlife are diverted for any purpose other than the administration of 
the designated State agency, it being the intention of Congress that 
funds available to States under this title be added to revenues from 
existing State sources and not serve as a substitute for revenues from 
such sources. Such revenues shall include interest, dividends, or other 
income earned on the foregoing.
    (i) North American Wetlands Conservation Act.--Section 7(c) of the 
North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended 
by striking ``$30,000,000'' and inserting ``$50,000,000''.

SEC. 903. COASTAL IMPACT ASSISTANCE.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
amended by adding at the end the following:

``SEC. 31. COASTAL IMPACT ASSISTANCE.

    ``(a) In General.--Nothing in this section shall be construed as a 
permanent authorization.
    ``(b) Definitions.--When used in this section:
            ``(1) The term `coastal political subdivision' means a 
        county, parish, or any equivalent subdivision of a Producing 
        Coastal State all or part of which subdivision lies within the 
        coastal zone (as defined in section 304(1) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453(1)).
            ``(2) The term `coastal population' means the population of 
        all political subdivisions, as determined by the most recent 
        official data of the Census Bureau, contained in whole or in 
        part within the designated coastal boundary of a State as 
        defined in a State's coastal zone management program under the 
        Coastal Zone Management Act (16 U.S.C. 1451 et seq.).
            ``(3) The term `Coastal State' has the same meaning as 
        provided by subsection 304(4) of the Coastal Zone Management 
        Act (16 U.S.C. 1453(4)).
            ``(4) The term `coastline' has the same meaning as the term 
        `coast line' as defined in subsection 2(c) of the Submerged 
        Lands Act (43 U.S.C. 1301(c)).
            ``(5) The term `distance' means minimum great circle 
        distance, measured in statute miles.
            ``(6) The term `leased tract' means a tract maintained 
        under section 6 or leased under section 8 for the purpose of 
        drilling for, developing, and producing oil and natural gas 
        resources.
            ``(7) The term `Producing Coastal State' means a Coastal 
        State with a coastal seaward boundary within 200 miles from the 
        geographic center of a leased tract other than a leased tract 
        within any area of the Outer Continental Shelf where a 
        moratorium on new leasing was in effect as of January 1, 2000, 
        unless the lease was issued prior to the establishment of the 
        moratorium and was in production on January 1, 2000.
            ``(8) The term `qualified Outer Continental Shelf revenues' 
        means all amounts received by the United States from each 
        leased tract or portion of a leased tract lying seaward of the 
        zone defined and governed by section 8(g) of this Act, or lying 
        within such zone but to which section 8(g) does not apply, the 
        geographic center of which lies within a distance of 200 miles 
        from any part of the coastline of any Coastal State, including 
        bonus bids, rents, royalties (including payments for royalties 
        taken in kind and sold), net profit share payments, and related 
        late payment interest. Such term does not include any revenues 
        from a leased tract or portion of a leased tract that is 
        included within any area of the Outer Continental Shelf where a 
        moratorium on new leasing was in effect as of January 1, 2000, 
        unless the lease was issued prior to the establishment of the 
        moratorium and was in production on January 1, 2000.
            ``(9) The term `Secretary' means the Secretary of Commerce.
    ``(c) Authorization.--For fiscal year 2001, $150,000,000 is 
authorized to be appropriated for the purposes of this section.
    ``(d) Impact Assistance Payments to States and Political 
Subdivisions.--The Secretary shall make payments from the amounts 
available under this section to Producing Coastal States with an 
approved Coastal Impact Assistance Plan, and to coastal political 
subdivisions as follows:
            ``(1) Allocations to producing coastal states.--In each 
        fiscal year, each Producing Coastal State's allocable share 
        shall be equal to the sum of the following:
                    ``(A) 60 percent of the amounts appropriated shall 
                be equally divided among all Producing Coastal States;
                    ``(B) 40 percent of the amounts appropriated for 
                the purposes of this section shall be divided among 
                Producing Coastal States based on Outer Continental 
                Shelf production, except that of such amounts no 
                Producing Coastal State may receive more than 25 
                percent in any fiscal year.
            ``(2) Calculation.--The amount for each Producing Coastal 
        State under paragraph (1)(B) shall be calculated based on the 
        ratio of qualified OCS revenues generated off the coastline of 
        the Producing Coastal State to the qualified OCS revenues 
        generated off the coastlines of all Producing Coastal States 
        for the period beginning on January 1, 1995 and ending on 
        December 31, 2000. Where there is more than one Producing 
        Coastal State within 200 miles of a leased tract, the amount of 
        each Producing Coastal State's payment under paragraph (1)(B) 
        for such leased tract shall be inversely proportional to the 
        distance between the nearest point on the coastline of such 
        State and the geographic center of each leased tract or portion 
        of the leased tract (to the nearest whole mile) that is within 
        200 miles of that coastline, as determined by the Secretary. A 
        leased tract or portion of a leased tract shall be excluded if 
        the tract or portion is located in a geographic area where a 
        moratorium on new leasing was in effect on January 1, 2000, 
        unless the lease was issued prior to the establishment of the 
        moratorium and was in production on January 1, 2000.
            ``(3) Payments to coastal political subdivisions.--Thirty-
        five percent of each Producing Coastal State's allocable share 
        as determined under paragraph (1) shall be paid directly to the 
        coastal political subdivisions by the Secretary based on the 
        following formula, except that a coastal political subdivision 
        in the State of California that has a coastal shoreline, that 
        is not within 200 miles of the geographic center of a leased 
        tract or portion of a leased tract, and in which there is 
        located one or more oil refineries shall be eligible for that 
        portion of the allocation described in paragraph (C) in the 
        same manner as if that political subdivision were located 
        within a distance of 50 miles from the geographic center of the 
        closest leased tract with qualified Outer Continental Shelf 
        revenues:
                    ``(A) Twenty-five percent shall be allocated based 
                on the ratio of such coastal political subdivision's 
                coastal population to the coastal population of all 
                coastal political subdivisions in the Producing Coastal 
                State.
                    ``(B) Twenty-five percent shall be allocated based 
                on the ratio of such coastal political subdivision's 
                coastline miles to the coastline miles of all coastal 
                political subdivisions in the Producing Coastal State.
                    ``(C) Fifty percent shall be allocated based on the 
                relative distance of such coastal political subdivision 
                from any leased tract used to calculate that Producing 
                Coastal State's allocation using ratios that are 
                inversely proportional to the distance between the 
                point in the coastal political subdivision closest to 
                the geographic center of each leased tract or portion, 
                as determined by the Secretary. For purposes of the 
                calculations under this subparagraph, a leased tract or 
                portion of a leased tract shall be excluded if the 
                leased tract or portion is located in a geographic area 
                where a moratorium on new leasing was in effect on 
                January 1, 2000, unless the lease was issued prior to 
                the establishment of the moratorium and was in 
                production on January 1, 2000.
            ``(4) Failure to have plan approved.--Any amount allocated 
        to a Producing Coastal State or coastal political subdivision 
        but not disbursed because of a failure to have an approved 
        Coastal Impact Assistance Plan under this section shall be 
        allocated equally by the Secretary among all other Producing 
        Coastal States in a manner consistent with this subsection 
        except that the Secretary shall hold in escrow such amount 
        until the final resolution of any appeal regarding the 
        disapproval of a plan submitted under this section. The 
        Secretary may waive the provisions of this paragraph and hold a 
        Producing Coastal State's allocable share in escrow if the 
        Secretary determines that such State is making a good faith 
        effort to develop and submit, or update, a Coastal Impact 
        Assistance Plan.
    ``(e) Coastal Impact Assistance Plan.--
            ``(1) Development and submission of state plans.--The 
        Governor of each Producing Coastal State shall prepare, and 
        submit to the Secretary, a Coastal Impact Assistance Plan. The 
        Governor shall solicit local input and shall provide for public 
        participation in the development of the plan. The plan shall be 
        submitted to the Secretary by July 1, 2001. Amounts received by 
        Producing Coastal States and coastal political subdivisions may 
        be used only for the purposes specified in the Producing 
        Coastal State's Coastal Impact Assistance Plan.
            ``(2) Approval.--The Secretary shall approve a plan under 
        paragraph (1) prior to disbursement of amounts under this 
        section. The Secretary shall approve the plan if the Secretary 
        determines that the plan is consistent with the uses set forth 
        in subsection (f) and if the plan contains each of the 
        following:
                    ``(A) The name of the State agency that will have 
                the authority to represent and act for the State in 
                dealing with the Secretary for purposes of this 
                section.
                    ``(B) A program for the implementation of the plan 
                which describes how the amounts provided under this 
                section will be used.
                    ``(C) A contact for each political subdivision and 
                description of how coastal political subdivisions will 
                use amounts provided under this section, including a 
                certification by the Governor that such uses are 
                consistent with the requirements of this section.
                    ``(D) Certification by the Governor that ample 
                opportunity has been accorded for public participation 
                in the development and revision of the plan.
                    ``(E) Measures for taking into account other 
                relevant Federal resources and programs.
            ``(3) Procedure.--The Secretary shall approve or disapprove 
        each plan or amendment within 90 days of its submission.
            ``(4) Amendment.--Any amendment to the plan shall be 
        prepared in accordance with the requirements of this subsection 
        and shall be submitted to the Secretary for approval or 
        disapproval.
    ``(f) Authorized Uses.--Producing Coastal States and coastal 
political subdivisions shall use amounts provided under this section, 
including any such amounts deposited in a State or coastal political 
subdivision administered trust fund dedicated to uses consistent with 
this subsection, in compliance with Federal and State law and only for 
one or more of the following purposes:
            ``(1) uses set forth in new section 32(c)(4) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) proposed 
        by the amendment to H.R. 701 of the 106th Congress as reported 
        by the Senate Committee on Energy and Natural Resources;
            ``(2) projects and activities for the conservation, 
        protection or restoration of wetlands;
            ``(3) mitigating damage to fish, wildlife or natural 
        resources, including such activities authorized under subtitle 
        B of title IV of the Oil Pollution Act of 1990 (33 U.S.C. 
        1321(c), (d));
            ``(4) planning assistance and administrative costs of 
        complying with the provisions of this section;
            ``(5) implementation of Federally approved marine, coastal, 
        or comprehensive conservation management plans; and
            ``(6) mitigating impacts of Outer Continental Shelf 
        activities through funding of: (A) onshore infrastructure 
        projects; and (B) other public service needs intended to 
        mitigate the environmental effects of Outer Continental Shelf 
        activities: Provided, That funds made available under this 
        paragraph shall not exceed 23 percent of the funds provided 
        under this section.
    ``(g) Compliance With Authorized Uses.--If the Secretary determines 
that any expenditure made by a Producing Coastal State or coastal 
political subdivision is not consistent with the uses authorized in 
subsection (f), the Secretary shall not disburse any further amounts 
under this section to that Producing Coastal State or coastal political 
subdivision until the amounts used for the inconsistent expenditure 
have been repaid or obligated for authorized uses.''.

                         TITLE X--LOCAL TV ACT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Launching Our Communities' Access 
to Local Television Act of 2000''.

SEC. 1002. PURPOSE.

    The purpose of this Act is to facilitate access, on a 
technologically neutral basis and by December 31, 2006, to signals of 
local television stations for households located in nonserved areas and 
underserved areas.

SEC. 1003. LOCAL TELEVISION LOAN GUARANTEE BOARD.

    (a) Establishment.--There is established the LOCAL Television Loan 
Guarantee Board (in this Act referred to as the ``Board'').
    (b) Members.--
            (1) In general.--Subject to paragraph (2), the Board shall 
        consist of the following members:
                    (A) The Secretary of the Treasury, or the designee 
                of the Secretary.
                    (B) The Chairman of the Board of Governors of the 
                Federal Reserve System, or the designee of the 
                Chairman.
                    (C) The Secretary of Agriculture, or the designee 
                of the Secretary.
                    (D) The Secretary of Commerce, or the designee of 
                the Secretary.
            (2) Requirement as to designees.--An individual may not be 
        designated a member of the Board under paragraph (1) unless the 
        individual is an officer of the United States pursuant to an 
        appointment by the President, by and with the advice and 
        consent of the Senate.
    (c) Functions of the Board.--
            (1) In general.--The Board shall determine whether or not 
        to approve loan guarantees under this Act. The Board shall make 
        such determinations consistent with the purpose of this Act and 
        in accordance with this subsection and section 4.
            (2) Consultation authorized.--
                    (A) In general.--In carrying out its functions 
                under this Act, the Board shall consult with such 
                departments and agencies of the Federal Government as 
                the Board considers appropriate, including the 
                Department of Commerce, the Department of Agriculture, 
                the Department of the Treasury, the Department of 
                Justice, the Department of the Interior, the Board of 
                Governors of the Federal Reserve System, the Federal 
                Communications Commission, the Federal Trade 
                Commission, and the National Aeronautics and Space 
                Administration.
                    (B) Response.--A department or agency consulted by 
                the Board under subparagraph (A) shall provide the 
                Board such expertise and assistance as the Board 
                requires to carry out its functions under this Act.
            (3) Approval by majority vote.--The determination of the 
        Board to approve a loan guarantee under this Act shall be by an 
        affirmative vote of not less than 3 members of the Board.

SEC. 1004. APPROVAL OF LOAN GUARANTEES.

    (a) Authority To Approve Loan Guarantees.--Subject to the 
provisions of this section and consistent with the purpose of this Act, 
the Board may approve loan guarantees under this Act.
    (b) Regulations.--
            (1) Requirements.--The Administrator (as defined in section 
        5), under the direction of and for approval by the Board, shall 
        prescribe regulations to implement the provisions of this Act 
        and shall do so not later than 120 days after funds authorized 
        to be appropriated under section 11 have been appropriated in a 
        bill signed into law.
            (2) Elements.--The regulations prescribed under paragraph 
        (1) shall--
                    (A) set forth the form of any application to be 
                submitted to the Board under this Act;
                    (B) set forth time periods for the review and 
                consideration by the Board of applications to be 
                submitted to the Board under this Act, and for any 
                other action to be taken by the Board with respect to 
                such applications;
                    (C) provide appropriate safeguards against the 
                evasion of the provisions of this Act;
                    (D) set forth the circumstances in which an 
                applicant, together with any affiliate of an applicant, 
                shall be treated as an applicant for a loan guarantee 
                under this Act;
                    (E) include requirements that appropriate parties 
                submit to the Board any documents and assurances that 
                are required for the administration of the provisions 
                of this Act; and
                    (F) include such other provisions consistent with 
                the purpose of this Act as the Board considers 
                appropriate.
            (3) Construction.--(A) Nothing in this Act shall be 
        construed to prohibit the Board from requiring, to the extent 
        and under circumstances considered appropriate by the Board, 
        that affiliates of an applicant be subject to certain 
        obligations of the applicant as a condition to the approval or 
        maintenance of a loan guarantee under this Act.
            (B) If any provision of this Act or the application of such 
        provision to any person or entity or circumstance is held to be 
        invalid by a court of competent jurisdiction, the remainder of 
        this Act, or the application of such provision to such person 
        or entity or circumstance other than those as to which it is 
        held invalid, shall not be affected thereby.
    (c) Authority Limited by Appropriations Acts.--The Board may 
approve loan guarantees under this Act only to the extent provided for 
in advance in appropriations Acts, and the Board may accept credit risk 
premiums from a non-Federal source in order to cover the cost of a loan 
guarantee under this Act, to the extent that appropriations of budget 
authority are insufficient to cover such costs.
    (d) Requirements and Criteria Applicable to Approval.--
            (1) In general.--The Board shall utilize the underwriting 
        criteria developed under subsection (g), and any relevant 
        information provided by the departments and agencies with which 
        the Board consults under section 3, to determine which loans 
        may be eligible for a loan guarantee under this Act.
            (2) Prerequisites.--In addition to meeting the underwriting 
        criteria under paragraph (1), a loan may not be guaranteed 
        under this Act unless--
                    (A) the loan is made to finance the acquisition, 
                improvement, enhancement, construction, deployment, 
                launch, or rehabilitation of the means by which local 
                television broadcast signals will be delivered to a 
                nonserved area or underserved area;
                    (B) the proceeds of the loan will not be used for 
                operating, advertising, or promotion expenses, or for 
                the acquisition of licenses for the use of spectrum in 
                any competitive bidding under section 309(j) of the 
                Communications Act of 1934 (47 U.S.C. 309(j));
                    (C) the proposed project, as determined by the 
                Board in consultation with the National 
                Telecommunications and Information Administration, is 
                not likely to have a substantial adverse impact on 
                competition that outweighs the benefits of improving 
                access to the signals of a local television station in 
                a nonserved area or underserved area and is 
                commercially viable;
                    (D)(i) the loan--
                            (I) is provided by any entity engaged in 
                        the business of commercial lending--
                                    (aa) if the loan is made in 
                                accordance with loan-to-one-borrower 
                                and affiliate transaction restrictions 
                                to which the entity is subject under 
                                applicable law; or
                                    (bb) if item (aa) does not apply, 
                                the loan is made only to a borrower 
                                that is not an affiliate of the entity 
                                and only if the amount of the loan and 
                                all outstanding loans by that entity to 
                                that borrower and any of its affiliates 
                                does not exceed 10 percent of the net 
                                equity of the entity; or
                            (II) is provided by a nonprofit 
                        corporation, including the National Rural 
                        Utilities Cooperative Finance Corporation, 
                        engaged primarily in commercial lending, if the 
                        Board determines that such nonprofit 
                        corporation has one or more issues of 
                        outstanding long-term debt that is rated within 
                        the highest 3 rating categories of a nationally 
                        recognized statistical rating organization;
                    (ii) if the loan is provided by a lender described 
                in clause (i)(II) and the Board determines that the 
                making of the loan by such lender will cause a decline 
                in such lender's debt rating as described in that 
                clause, the Board at its discretion may disapprove the 
                loan guarantee on this basis;
                    (iii) no loan may be made for purposes of this Act 
                by a governmental entity or affiliate thereof, or by 
                the Federal Agricultural Mortgage Corporation, or any 
                institution supervised by the Office of Federal Housing 
                Enterprise Oversight, the Federal Housing Finance 
                Board, or any affiliate of such entities;
                    (iv) any loan must have terms, in the judgment of 
                the Board, that are consistent in material respects 
                with the terms of similar obligations in the private 
                capital market;
                    (v) for purposes of clause (i)(I)(bb), the term 
                ``net equity'' means the value of the total assets of 
                the entity, less the total liabilities of the entity, 
                as recorded under generally accepted accounting 
                principles for the fiscal quarter ended immediately 
                prior to the date on which the subject loan is 
                approved;
                    (E) repayment of the loan is required to be made 
                within a term of the lesser of--
                            (i) 25 years from the date of the execution 
                        of the loan; or
                            (ii) the economically useful life, as 
                        determined by the Board or in consultation with 
                        persons or entities deemed appropriate by the 
                        Board, of the primary assets to be used in the 
                        delivery of the signals concerned; and
                    (F) the loan meets any additional criteria 
                developed under subsection (g).
            (3) Protection of united states financial interests.--The 
        Board may not approve the guarantee of a loan under this Act 
        unless--
                    (A) the Board has been given documentation, 
                assurances, and access to information, persons, and 
                entities necessary, as determined by the Board, to 
                address issues relevant to the review of the loan by 
                the Board for purposes of this Act; and
                    (B) the Board makes a determination in writing 
                that--
                            (i) to the best of its knowledge upon due 
                        inquiry, the assets, facilities, or equipment 
                        covered by the loan will be utilized 
                        economically and efficiently;
                            (ii) the terms, conditions, security, and 
                        schedule and amount of repayments of principal 
                        and the payment of interest with respect to the 
                        loan protect the financial interests of the 
                        United States and are reasonable;
                            (iii) the value of collateral provided by 
                        an applicant is at least equal to the unpaid 
                        balance of the loan amount covered by the loan 
                        guarantee (the ``Amount'' for purposes of this 
                        clause); and if the value of collateral 
                        provided by an applicant is less than the 
                        Amount, the additional required collateral is 
                        provided by any affiliate of the applicant;
                            (iv) all necessary and required regulatory 
                        and other approvals, spectrum licenses, and 
                        delivery permissions have been received for the 
                        loan and the project under the loan;
                            (v) the loan would not be available on 
                        reasonable terms and conditions without a loan 
                        guarantee under this Act; and
                            (vi) repayment of the loan can reasonably 
                        be expected.
    (e) Considerations.--
            (1) Type of market.--
                    (A) Priority considerations.--To the maximum extent 
                practicable, the Board shall give priority in the 
                approval of loan guarantees under this Act in the 
                following order:
                            (i) First, to projects that will serve 
                        households in nonserved areas. In considering 
                        such projects, the Board shall balance projects 
                        that will serve the largest number of 
                        households with projects that will serve 
                        remote, isolated communities (including 
                        noncontiguous States) in areas that are 
                        unlikely to be served through market 
                        mechanisms.
                            (ii) Second, to projects that will serve 
                        households in underserved areas. In considering 
                        such projects, the Board shall balance projects 
                        that will serve the largest number of 
                        households with projects that will serve 
                        remote, isolated communities (including 
                        noncontiguous States) in areas that are 
                        unlikely to be served through market 
                        mechanisms.
                Within each category, the Board shall consider the 
                project's estimated cost per household and shall give 
                priority to those projects that provide the highest 
                quality service at the lowest cost per household.
                    (B) Additional consideration.--The Board should 
                give additional consideration to projects that also 
                provide high-speed Internet service.
                    (C) Prohibitions.--The Board may not approve a loan 
                guarantee under this Act for a project that--
                            (i) is designed primarily to serve 1 or 
                        more of the top 40 designated market areas (as 
                        that term is defined in section 122(j) of title 
                        17, United States Code); or
                            (ii) would alter or remove National Weather 
                        Service warnings from local broadcast signals.
            (2) Other considerations.--The Board shall consider other 
        factors, which shall include projects that would--
                    (A) offer a separate tier of local broadcast 
                signals, but for applicable Federal, State, or local 
                laws or regulations;
                    (B) provide lower projected costs to consumers of 
                such separate tier; and
                    (C) enable the delivery of local broadcast signals 
                consistent with the purpose of this Act by a means 
                reasonably compatible with existing systems or devices 
                predominantly in use.
            (3) Further consideration.--In implementing this Act, the 
        Board shall support the use of loan guarantees for projects 
        that would serve households not likely to be served in the 
        absence of loan guarantees under this Act.
    (f) Guarantee Limits.--
            (1) Limitation on aggregate value of loans.--The aggregate 
        value of all loans for which loan guarantees are issued under 
        this Act (including the unguaranteed portion of such loans) may 
        not exceed $1,250,000,000.
            (2) Guarantee level.--A loan guarantee issued under this 
        Act may not exceed an amount equal to 80 percent of a loan 
        meeting in its entirety the requirements of subsection 
        (d)(2)(A). If only a portion of a loan meets the requirements 
        of that subsection, the Board shall determine that percentage 
        of the loan meeting such requirements (the ``applicable 
        portion'') and may issue a loan guarantee in an amount not 
        exceeding 80 percent of the applicable portion.
    (g) Underwriting Criteria.--Within the period provided for under 
subsection (b)(1), the Board shall, in consultation with the Director 
of the Office of Management and Budget and an independent public 
accounting firm, develop underwriting criteria relating to the 
guarantee of loans that are consistent with the purpose of this Act, 
including appropriate collateral and cash flow levels for loans 
guaranteed under this Act, and such other matters as the Board 
considers appropriate.
    (h) Credit Risk Premiums.--
            (1) Establishment and acceptance.--
                    (A) In general.--The Board may establish and 
                approve the acceptance of credit risk premiums with 
                respect to a loan guarantee under this Act in order to 
                cover the cost, as defined in section 502(5) of the 
                Federal Credit Reform Act of 1990, of the loan 
                guarantee. To the extent that appropriations of budget 
                authority are insufficient to cover the cost, as so 
                determined, of a loan guarantee under this Act, credit 
                risk premiums shall be accepted from a non-Federal 
                source under this subsection on behalf of the applicant 
                for the loan guarantee.
                    (B) Authority limited by appropriations acts.--
                Credit risk premiums under this subsection shall be 
                imposed only to the extent provided for in advance in 
                appropriations Acts.
            (2) Credit risk premium amount.--
                    (A) In general.--The Board shall determine the 
                amount of any credit risk premium to be accepted with 
                respect to a loan guarantee under this Act on the basis 
                of--
                            (i) the financial and economic 
                        circumstances of the applicant for the loan 
                        guarantee, including the amount of collateral 
                        offered;
                            (ii) the proposed schedule of loan 
                        disbursements;
                            (iii) the business plans of the applicant 
                        for providing service;
                            (iv) any financial commitment from a 
                        broadcast signal provider; and
                            (v) the concurrence of the Director of the 
                        Office of Management and Budget as to the 
                        amount of the credit risk premium.
                    (B) Proportionality.--To the extent that 
                appropriations of budget authority are sufficient to 
                cover the cost, as determined under section 502(5) of 
                the Federal Credit Reform Act of 1990, of loan 
                guarantees under this Act, the credit risk premium with 
                respect to each loan guarantee shall be reduced 
                proportionately.
                    (C) Payment of premiums.--Credit risk premiums 
                under this subsection shall be paid to an account (the 
                ``Escrow Account'') established in the Treasury which 
                shall accrue interest and such interest shall be 
                retained by the account, subject to subparagraph (D).
                    (D) Deductions from escrow account.--If a default 
                occurs with respect to any loan guaranteed under this 
                Act and the default is not cured in accordance with the 
                terms of the underlying loan or loan guarantee 
                agreement, the Administrator, in accordance with 
                subsections (i) and (j) of section 5, shall liquidate, 
                or shall cause to be liquidated, all assets 
                collateralizing such loan as to which it has a lien or 
                security interest. Any shortfall between the proceeds 
                of the liquidation net of costs and expenses relating 
                to the liquidation, and the guarantee amount paid 
                pursuant to this Act shall be deducted from funds in 
                the Escrow Account and credited to the Administrator 
                for payment of such shortfall. At such time as 
                determined under subsection (d)(2)(E) of this section 
                when all loans guaranteed under this Act have been 
                repaid or otherwise satisfied in accordance with this 
                Act and the regulations promulgated hereunder, 
                remaining funds in the Escrow Account, if any, shall be 
                refunded, on a pro rata basis, to applicants whose 
                loans guaranteed under this Act were not in default, or 
                where any default was cured in accordance with the 
                terms of the underlying loan or loan guarantee 
                agreement.
    (i) Limitations on Guarantees for Certain Cable Operators.--
Notwithstanding any other provision of this Act, no loan guarantee 
under this Act may be granted or used to provide funds for a project 
that extends, upgrades, or enhances the services provided over any 
cable system to an area that, as of the date of the enactment of this 
Act, is covered by a cable franchise agreement that expressly obligates 
a cable system operator to serve such area.
    (j) Judicial Review.--The decision of the Board to approve or 
disapprove the making of a loan guarantee under this Act shall not be 
subject to judicial review.
    (k) Applicability of APA.--Except as otherwise provided in 
subsection (j), the provisions of subchapter II of chapter 5 and 
chapter 7 of title 5, United States Code (commonly referred to as the 
Administrative Procedure Act), shall apply to actions taken under this 
Act.

SEC. 1005. ADMINISTRATION OF LOAN GUARANTEES.

    (a) In General.--The Administrator of the Rural Utilities Service 
(in this Act referred to as the ``Administrator'') shall issue and 
otherwise administer loan guarantees that have been approved by the 
Board in accordance with sections 3 and 4.
    (b) Security for Protection of United States Financial Interests.--
            (1) Terms and conditions.--An applicant shall agree to such 
        terms and conditions as are satisfactory, in the judgment of 
        the Board, to ensure that, as long as any principal or interest 
        is due and payable on a loan guaranteed under this Act, the 
        applicant--
                    (A) shall maintain assets, equipment, facilities, 
                and operations on a continuing basis;
                    (B) shall not make any discretionary dividend 
                payments that impair its ability to repay obligations 
                guaranteed under this Act;
                    (C) shall remain sufficiently capitalized; and
                    (D) shall submit to, and cooperate fully with, any 
                audit of the applicant under section 6(a)(2).
            (2) Collateral.--
                    (A) Existence of adequate collateral.--An applicant 
                shall provide the Board such documentation as is 
                necessary, in the judgment of the Board, to provide 
                satisfactory evidence that appropriate and adequate 
                collateral secures a loan guaranteed under this Act.
                    (B) Form of collateral.--Collateral required by 
                subparagraph (A) shall consist solely of assets of the 
                applicant, any affiliate of the applicant, or both 
                (whichever the Board considers appropriate), including 
                primary assets to be used in the delivery of signals 
                for which the loan is guaranteed.
                    (C) Review of valuation.--The value of collateral 
                securing a loan guaranteed under this Act may be 
                reviewed by the Board, and may be adjusted downward by 
                the Board if the Board reasonably believes such 
                adjustment is appropriate.
            (3) Lien on interests in assets.--Upon the Board's approval 
        of a loan guarantee under this Act, the Administrator shall 
        have liens on assets securing the loan, which shall be superior 
        to all other liens on such assets, and the value of the assets 
        (based on a determination satisfactory to the Board) subject to 
        the liens shall be at least equal to the unpaid balance of the 
        loan amount covered by the loan guarantee, or that value 
        approved by the Board under section 4(d)(3)(B)(iii).
            (4) Perfected security interest.--With respect to a loan 
        guaranteed under this Act, the Administrator and the lender 
        shall have a perfected security interest in assets securing the 
        loan that are fully sufficient to protect the financial 
        interests of the United States and the lender.
            (5) Insurance.--In accordance with practices in the private 
        capital market, as determined by the Board, the applicant for a 
        loan guarantee under this Act shall obtain, at its expense, 
        insurance sufficient to protect the financial interests of the 
        United States, as determined by the Board.
    (c) Assignment of Loan Guarantees.--The holder of a loan guarantee 
under this Act may assign the loan guaranteed under this Act in whole 
or in part, subject to such requirements as the Board may prescribe.
    (d) Expiration of Loan Guarantee Upon Stripping.--Notwithstanding 
subsections (c), (e), and (h), a loan guarantee under this Act shall 
have no force or effect if any part of the guaranteed portion of the 
loan is transferred separate and apart from the unguaranteed portion of 
the loan.
    (e) Adjustment.--The Board may approve the adjustment of any term 
or condition of a loan guarantee or a loan guaranteed under this Act, 
including the rate of interest, time of payment of principal or 
interest, or security requirements only if--
            (1) the adjustment is consistent with the financial 
        interests of the United States;
            (2) consent has been obtained from the parties to the loan 
        agreement;
            (3) the adjustment is consistent with the underwriting 
        criteria developed under section 4(g);
            (4) the adjustment does not adversely affect the interest 
        of the Federal Government in the assets or collateral of the 
        applicant;
            (5) the adjustment does not adversely affect the ability of 
        the applicant to repay the loan; and
            (6) the National Telecommunications and Information 
        Administration has been consulted by the Board regarding the 
        adjustment.
    (f) Performance Schedules.--
            (1) Performance schedules.--An applicant for a loan 
        guarantee under this Act for a project covered by section 
        4(e)(1) shall enter into stipulated performance schedules with 
        the Administrator with respect to the signals to be provided 
        through the project.
            (2) Penalty.--The Administrator may assess against and 
        collect from an applicant described in paragraph (1) a penalty 
        not to exceed 3 times the interest due on the guaranteed loan 
        of the applicant under this Act if the applicant fails to meet 
        its stipulated performance schedule under that paragraph.
    (g) Compliance.--The Administrator, in cooperation with the Board 
and as the regulations of the Board may provide, shall enforce 
compliance by an applicant, and any other party to a loan guarantee for 
whose benefit assistance under this Act is intended, with the 
provisions of this Act, any regulations under this Act, and the terms 
and conditions of the loan guarantee, including through the submittal 
of such reports and documents as the Board may require in regulations 
prescribed by the Board and through regular periodic inspections and 
audits.
    (h) Commercial Validity.--A loan guarantee under this Act shall be 
incontestable--
            (1) in the hands of an applicant on whose behalf the loan 
        guarantee is made, unless the applicant engaged in fraud or 
        misrepresentation in securing the loan guarantee; and
            (2) as to any person or entity (or their respective 
        successor in interest) who makes or contracts to make a loan to 
        the applicant for the loan guarantee in reliance thereon, 
        unless such person or entity (or respective successor in 
        interest) engaged in fraud or misrepresentation in making or 
        contracting to make such loan.
    (i) Defaults.--The Board shall prescribe regulations governing 
defaults on loans guaranteed under this Act, including the 
administration of the payment of guaranteed amounts upon default.
    (j) Recovery of Payments.--
            (1) In general.--The Administrator shall be entitled to 
        recover from an applicant for a loan guarantee under this Act 
        the amount of any payment made to the holder of the guarantee 
        with respect to the loan.
            (2) Subrogation.--Upon making a payment described in 
        paragraph (1), the Administrator shall be subrogated to all 
        rights of the party to whom the payment is made with respect to 
        the guarantee which was the basis for the payment.
            (3) Disposition of property.--
                    (A) Sale or disposal.--The Administrator shall, in 
                an orderly and efficient manner, sell or otherwise 
                dispose of any property or other interests obtained 
                under this Act in a manner that maximizes taxpayer 
                return and is consistent with the financial interests 
                of the United States.
                    (B) Maintenance.--The Administrator shall maintain 
                in a cost-effective and reasonable manner any property 
                or other interests pending sale or disposal of such 
                property or other interests under subparagraph (A).
    (k) Action Against Obligor.--
            (1) Authority to bring civil action.--The Administrator may 
        bring a civil action in an appropriate district court of the 
        United States in the name of the United States or of the holder 
        of the obligation in the event of a default on a loan 
        guaranteed under this Act. The holder of a loan guarantee shall 
        make available to the Administrator all records and evidence 
        necessary to prosecute the civil action.
            (2) Fully satisfying obligations owed the united states.--
        The Administrator may accept property in satisfaction of any 
        sums owed the United States as a result of a default on a loan 
        guaranteed under this Act, but only to the extent that any cash 
        accepted by the Administrator is not sufficient to satisfy 
        fully the sums owed as a result of the default.
    (l) Breach of Conditions.--The Administrator shall commence a civil 
action in a court of appropriate jurisdiction to enjoin any activity 
which the Board finds is in violation of this Act, the regulations 
under this Act, or any conditions which were duly agreed to, and to 
secure any other appropriate relief, including relief against any 
affiliate of the applicant.
    (m) Attachment.--No attachment or execution may be issued against 
the Administrator or any property in the control of the Administrator 
pursuant to this Act before the entry of a final judgment (as to which 
all rights of appeal have expired) by a Federal, State, or other court 
of competent jurisdiction against the Administrator in a proceeding for 
such action.
    (n) Fees.--
            (1) Application fee.--The Board shall charge and collect 
        from an applicant for a loan guarantee under this Act a fee to 
        cover the cost of the Board in making necessary determinations 
        and findings with respect to the loan guarantee application 
        under this Act. The amount of the fee shall be reasonable.
            (2) Loan guarantee origination fee.--The Board shall 
        charge, and the Administrator may collect, a loan guarantee 
        origination fee with respect to the issuance of a loan 
        guarantee under this Act.
            (3) Use of fees collected.--
                    (A) In general.--Any fee collected under this 
                subsection shall be used, subject to subparagraph (B), 
                to offset administrative costs under this Act, 
                including costs of the Board and of the Administrator.
                    (B) Subject to appropriations.--The authority 
                provided by this subsection shall be effective only to 
                such extent or in such amounts as are provided in 
                advance in appropriations Acts.
                    (C) Limitation on fees.--The aggregate amount of 
                fees imposed by this subsection shall not exceed the 
                actual amount of administrative costs under this Act.
    (o) Requirements Relating to Affiliates.--
            (1) Indemnification.--The United States shall be 
        indemnified by any affiliate (acceptable to the Board) of an 
        applicant for a loan guarantee under this Act for any losses 
        that the United States incurs as a result of--
                    (A) a judgment against the applicant or any of its 
                affiliates;
                    (B) any breach by the applicant or any of its 
                affiliates of their obligations under the loan 
                guarantee agreement;
                    (C) any violation of the provisions of this Act, 
                and the regulations prescribed under this Act, by the 
                applicant or any of its affiliates;
                    (D) any penalties incurred by the applicant or any 
                of its affiliates for any reason, including violation 
                of a stipulated performance schedule under subsection 
                (f); and
                    (E) any other circumstances that the Board 
                considers appropriate.
            (2) Limitation on transfer of loan proceeds.--An applicant 
        for a loan guarantee under this Act may not transfer any part 
        of the proceeds of the loan to an affiliate.
    (p) Effect of Bankruptcy.--
            (1) Notwithstanding any other provision of law, whenever 
        any person or entity is indebted to the United States as a 
        result of any loan guarantee issued under this Act and such 
        person or entity is insolvent or is a debtor in a case under 
        title 11, United States Code, the debts due to the United 
        States shall be satisfied first.
            (2) A discharge in bankruptcy under title 11, United States 
        Code, shall not release a person or entity from an obligation 
        to the United States in connection with a loan guarantee under 
        this Act.

SEC. 1006. ANNUAL AUDIT.

    (a) Requirement.--The Comptroller General of the United States 
shall conduct on an annual basis an audit of--
            (1) the administration of the provisions of this Act; and
            (2) the financial position of each applicant who receives a 
        loan guarantee under this Act, including the nature, amount, 
        and purpose of investments made by the applicant.
    (b) Report.--The Comptroller General shall submit to the Committee 
on Banking, Housing, and Urban Affairs of the Senate and the Committee 
on Banking and Financial Services of the House of Representatives a 
report on each audit conducted under subsection (a).

SEC. 1007. IMPROVED CELLULAR SERVICE IN RURAL AREAS.

    (a) Reinstatement of Applicants as Tentative Selectees.--
            (1) In general.--Notwithstanding the order of the Federal 
        Communications Commission in the proceeding described in 
        paragraph (3), the Commission shall--
                    (A) reinstate each applicant as a tentative 
                selectee under the covered rural service area licensing 
                proceeding; and
                    (B) permit each applicant to amend its application, 
                to the extent necessary to update factual information 
                and to comply with the rules of the Commission, at any 
                time before the Commission's final licensing action in 
                the covered rural service area licensing proceeding.
            (2) Exemption from petitions to deny.--For purposes of the 
        amended applications filed pursuant to paragraph (1)(B), the 
        provisions of section 309(d)(1) of the Communications Act of 
        1934 (47 U.S.C. 309(d)(1)) shall not apply.
            (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 Commission shall provide 
        that, as a condition of an applicant receiving a license 
        pursuant to the covered rural service area licensing 
        proceeding, the applicant shall provide cellular radiotelephone 
        service to subscribers in accordance with sections 22.946 and 
        22.947 of the Commission's rules (47 CFR 22.946, 22.947); 
        except that the time period applicable under section 22.947 of 
        the Commission's rules (or any successor rule) to the 
        applicants identified in subparagraphs (A) and (B) of 
        subsection (d)(1) shall be 3 years rather than 5 years and the 
        waiver authority of the Commission shall apply to such 3-year 
        period.
            (3) Calculation of license fee.--
                    (A) Fee required.--The Commission shall establish a 
                fee for each of the licenses under the covered rural 
                service area licensing proceeding. In determining the 
                amount of the fee, the Commission shall consider--
                            (i) the average price paid per person 
                        served in the Commission's Cellular Unserved 
                        Auction (Auction No. 12); and
                            (ii) the settlement payments required to be 
                        paid by the permittees pursuant to the consent 
                        decree set forth in the Commission's order, In 
                        re the Tellesis Partners (7 FCC Rcd 3168 
                        (1992)), multiplying such payments by two.
                    (B) Notice of fee.--Within 30 days after the date 
                an applicant files the amended application permitted by 
                subsection (a)(1)(B), the Commission shall notify each 
                applicant of the fee established for the license 
                associated with its application.
            (4) Payment for licenses.--No later than 18 months after 
        the date that an applicant is granted a license, each applicant 
        shall pay to the Commission the fee established pursuant to 
        paragraph (3) for the license granted to the applicant under 
        paragraph (1).
            (5) Auction authority.--If, after the amendment of an 
        application pursuant to subsection (a)(1)(B), the Commission 
        finds that the applicant is ineligible for grant of a license 
        to provide cellular radiotelephone services for a rural service 
        area or the applicant does not meet the requirements under 
        paragraph (2) of this subsection, the Commission shall grant 
        the license for which the applicant is the tentative selectee 
        (pursuant to subsection (a)(1)(B) by competitive bidding 
        pursuant to section 309(j) of the Communications Act of 1934 
        (47 U.S.C. 309(j)).
    (c) Prohibition of Transfer.--During the 5-year period that begins 
on the date that an applicant is granted any license pursuant to 
subsection (a), the Commission may not authorize the transfer or 
assignment of that license under section 310 of the Communications Act 
of 1934 (47 U.S.C. 310). Nothing in this Act may be construed to 
prohibit any applicant granted a license pursuant to subsection (a) 
from contracting with other licensees to improve cellular telephone 
service.
    (d) Definitions.--For the purposes of this section, the following 
definitions shall apply:
            (1) Applicant.--The term ``applicant'' means--
                    (A) Great Western Cellular Partners, a California 
                general partnership chosen by the Commission as 
                tentative selectee for RSA #492 on May 4, 1989;
                    (B) Monroe Telephone Services L.P., a Delaware 
                limited partnership chosen by the Commission as 
                tentative selectee for RSA #370 on August 24, 1989 
                (formerly Cellwave Telephone Services L.P.); and
                    (C) FutureWave General Partners L.P., a Delaware 
                limited partnership chosen by the Commission as 
                tentative selectee for RSA #615 on May 25, 1990.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Covered rural service area licensing proceeding.--The 
        term ``covered rural service area licensing proceeding'' means 
        the proceeding of the Commission for the grant of cellular 
        radiotelephone licenses for rural service areas #492 (Minnesota 
        11), #370 (Florida 11), and #615 (Pennsylvania 4).
            (4) Tentative selectee.--The term ``tentative selectee'' 
        means a party that has been selected by the Commission under a 
        licensing proceeding for grant of a license, but has not yet 
        been granted the license because the Commission has not yet 
        determined whether the party is qualified under the 
        Commission's rules for grant of the license.

SEC. 1008. TECHNICAL AMENDMENT.

    Section 339(c) of the Communications Act of 1934 (47 U.S.C. 339(c)) 
is amended by adding at the end the following new paragraph:
            ``(5) Definition.--Notwithstanding subsection (d)(4), for 
        purposes of paragraphs (2) and (4) of this subsection, the term 
        `satellite carrier' includes a distributor (as defined in 
        section 119(d)(1) of title 17, United States Code), but only if 
        the satellite distributor's relationship with the subscriber 
        includes billing, collection, service activation, and service 
        deactivation.''.

SEC. 1009. SUNSET.

    No loan guarantee may be approved under this Act after December 31, 
2006.

SEC. 1010. DEFINITIONS.

    In this Act:
            (1) Affiliate.--The term ``affiliate''--
                    (A) means any person or entity that controls, or is 
                controlled by, or is under common control with, another 
                person or entity; and
                    (B) may include any individual who is a director or 
                senior management officer of an affiliate, a 
                shareholder controlling more than 25 percent of the 
                voting securities of an affiliate, or more than 25 
                percent of the ownership interest in an affiliate not 
                organized in stock form.
            (2) Nonserved area.--The term ``nonserved area'' means any 
        area that--
                    (A) is outside the grade B contour (as determined 
                using standards employed by the Federal Communications 
                Commission) of the local television broadcast signals 
                serving a particular designated market area; and
                    (B) does not have access to such signals by any 
                commercial, for profit, multichannel video provider.
            (3) Underserved area.--The term ``underserved area'' means 
        any area that--
                    (A) is outside the grade A contour (as determined 
                using standards employed by the Federal Communications 
                Commission) of the local television broadcast signals 
                serving a particular designated market area; and
                    (B) has access to local television broadcast 
                signals from not more than one commercial, for-profit 
                multichannel video provider.
            (4) Common terms.--Except as provided in paragraphs (1) 
        through (3), any term used in this Act that is defined in the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.) has the 
        meaning given that term in the Communications Act of 1934.

SEC. 1011. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Cost of Loan Guarantees.--For the cost of the loans guaranteed 
under this Act, including the cost of modifying the loans, as defined 
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
661(a)), there are authorized to be appropriated for fiscal years 2001 
through 2006, such amounts as may be necessary.
    (b) Cost of Administration.--There is hereby authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this Act, other than to cover costs under subsection (a).
    (c) Availability.--Any amounts appropriated pursuant to the 
authorizations of appropriations in subsections (a) and (b) shall 
remain available until expended.

SEC. 1012. PREVENTION OF INTERFERENCE TO DIRECT BROADCAST SATELLITE 
              SERVICES.

    (a) Testing for Harmful Interference.--The Federal Communications 
Commission shall provide for an independent technical demonstration of 
any terrestrial service technology proposed by any entity that has 
filed an application to provide terrestrial service in the direct 
broadcast satellite frequency band to determine whether the terrestrial 
service technology proposed to be provided by that entity will cause 
harmful interference to any direct broadcast satellite service.
    (b) Technical Demonstration.--In order to satisfy the requirement 
of subsection (a) for any pending application, the Commission shall 
select an engineering firm or other qualified entity independent of any 
interested party based on a recommendation made by the Institute of 
Electrical and Electronics Engineers (IEEE), or a similar independent 
professional organization, to perform the technical demonstration or 
analysis. The demonstration shall be concluded within 60 days after the 
date of enactment of this Act and shall be subject to public notice and 
comment for not more than 30 days thereafter.
    (c) Definitions.--As used in this section:
            (1) Direct broadcast satellite frequency band.--The term 
        ``direct broadcast satellite frequency band'' means the band of 
        frequencies at 12.2 to 12.7 gigahertz.
            (2) Direct broadcast satellite service.--The term ``direct 
        broadcast satellite service'' means any direct broadcast 
        satellite system operating in the direct broadcast satellite 
        frequency band.

          TITLE XI--ENCOURAGING IMMIGRANT FAMILY REUNIFICATION

SEC. 1101. SHORT TITLE.

    This title may be cited as--
            (1) the ``Legal Immigration Family Equity Act''; or
            (2) the ``LIFE Act''.

SEC. 1102. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF PERMANENT 
              RESIDENTS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA; 
              PROVISIONS AFFECTING SUBSEQUENT ADJUSTMENT OF STATUS FOR 
              SUCH NONIMMIGRANTS.

    (a) In General.--Section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) in subparagraph (T), by striking ``or'' at the end;
            (2) in subparagraph (U), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(V) subject to section 214(o), an alien who is the 
        beneficiary (including a child of the principal alien, if 
        eligible to receive a visa under section 203(d)) of a petition 
        to accord a status under section 203(a)(2)(A) that was filed 
        with the Attorney General under section 204 on or before the 
        date of the enactment of the Legal Immigration Family Equity 
        Act, if--
                    ``(i) such petition has been pending for 3 years or 
                more; or
                    ``(ii) such petition has been approved, 3 years or 
                more have elapsed since such filing date, and--
                            ``(I) an immigrant visa is not immediately 
                        available to the alien because of a waiting 
                        list of applicants for visas under section 
                        203(a)(2)(A); or
                            ``(II) the alien's application for an 
                        immigrant visa, or the alien's application for 
                        adjustment of status under section 245, 
                        pursuant to the approval of such petition, 
                        remains pending.
    (b) Provisions Affecting Nonimmigrant Status.--Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at 
the end the following:
    ``(o)(1) In the case of a nonimmigrant described in section 
101(a)(15)(V)--
            ``(A) the Attorney General shall authorize the alien to 
        engage in employment in the United States during the period of 
        authorized admission and shall provide the alien with an 
        `employment authorized' endorsement or other appropriate 
        document signifying authorization of employment; and
            ``(B) the period of authorized admission as such a 
        nonimmigrant shall terminate 30 days after the date on which 
        any of the following is denied:
                    ``(i) The petition filed under section 204 to 
                accord the alien a status under section 203(a)(2)(A) 
                (or, in the case of a child granted nonimmigrant status 
                based on eligibility to receive a visa under section 
                203(d), the petition filed to accord the child's parent 
                a status under section 203(a)(2)(A)).
                    ``(ii) The alien's application for an immigrant 
                visa pursuant to the approval of such petition.
                    ``(iii) The alien's application for adjustment of 
                status under section 245 pursuant to the approval of 
                such petition.
    ``(2) In determining whether an alien is eligible to be admitted to 
the United States as a nonimmigrant under section 101(a)(15)(V), the 
grounds for inadmissibility specified in section 212(a)(9)(B) shall not 
apply.
    ``(3) The status of an alien physically present in the United 
States may be adjusted by the Attorney General, in the discretion of 
the Attorney General and under such regulations as the Attorney General 
may prescribe, to that of a nonimmigrant under section 101(a)(15)(V), 
if the alien--
            ``(A) applies for such adjustment;
            ``(B) satisfies the requirements of such section; and
            ``(C) is eligible to be admitted to the United States, 
        except in determining such admissibility, the grounds for 
        inadmissibility specified in paragraphs (6)(A), (7), and (9)(B) 
        of section 212(a) shall not apply.''.
    (c) Provisions Affecting Permanent Resident Status.--Section 245 of 
the Immigration and Nationality Act (8 U.S.C. 1255) is amended by 
adding at the end the following:
    ``(m)(1) The status of a nonimmigrant described in section 
101(a)(15)(V) who the Attorney General determines was physically 
present in the United States at any time during the period beginning on 
July 1, 2000, and ending on October 1, 2000, may be adjusted by the 
Attorney General, in the discretion of the Attorney General and under 
such regulations as the Attorney General may prescribe, to that of an 
alien lawfully admitted for permanent residence, if--
            ``(A) the alien makes an application for such adjustment;
            ``(B) the alien is eligible to receive an immigrant visa 
        and is admissible to the United States for permanent residence, 
        except in determining such admissibility, the grounds for 
        inadmissibility specified in paragraphs (6)(A), (7), and (9)(B) 
        of section 212(a) shall not apply; and
            ``(C) an immigrant visa is immediately available to the 
        alien at the time the alien's application is filed.
    ``(2) Paragraph (1) shall not apply to an alien who has failed 
(other than through no fault of the alien or for technical reasons) to 
maintain continuously a lawful status since obtaining the status of a 
nonimmigrant described in section 101(a)(15)(V).
    ``(3) Upon the approval of an application for adjustment made under 
paragraph (1), the Attorney General shall record the alien's lawful 
admission for permanent residence as of the date the order of the 
Attorney General approving the application for the adjustment of status 
is made, and the Secretary of State shall reduce by one the number of 
the preference visas authorized to be issued under sections 202 and 203 
within the class to which the alien is chargeable for the fiscal year 
then current.
    ``(4) The Attorney General may accept an application for adjustment 
made under paragraph (1) only if the alien remits with such application 
a sum equalling $1,000, except that such sum shall not be required from 
an alien if it would not be required from the alien if the alien were 
applying under subsection (i).
    ``(5) The sum specified in paragraph (4) shall be in addition to 
the fee normally required for the processing of an application under 
this section.
    ``(6)(A) The portion of each application fee (not to exceed $200) 
that the Attorney General determines is required to process an 
application under this subsection shall be disposed of by the Attorney 
General as provided in subsections (m), (n), and (o) of section 286.
    ``(B) One-half of any remaining portion of such fee shall be 
deposited by the Attorney General into the Immigration Examination Fee 
Account established under section 286(m), and one-half of any remaining 
portion of such fees shall be deposited by the Attorney General into 
the Breached Bond/Detention Fund established under section 286(r).
    ``(7) Nothing in this subsection shall be construed as precluding a 
nonimmigrant described in section 101(a)(15)(V) who is eligible for 
adjustment of status under subsection (a) from applying for and 
obtaining adjustment under such subsection. In the case of such an 
application, the alien shall be required to remit only the fee normally 
required for the processing of an application under subsection (a).''.
    (d) Conforming Amendments.--
            (1) Admission of nonimmigrants.--Section 214 of the 
        Immigration and Nationality Act (8 U.S.C. 1184) is amended, in 
        each of subsections (b) and (h), by striking ``(H)(i) or (L)'' 
        and inserting ``(H)(i), (L), or (V)''.
            (2) Adjustment of status.--Section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in each of subsections (d) and (f), by striking 
                ``under subsection (a),'' each place such term appears 
                and inserting ``under subsection (a) or (m),''; and
                    (B) in subsection (e)(1), by striking ``subsection 
                (a).'' and inserting ``subsection (a) or (m).''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to an 
alien who is the beneficiary of a classification petition filed under 
section 204 of the Immigration and Nationality Act on or before the 
date of the enactment of this Act.

SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF CITIZENS 
              AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA.

    (a) In General.--Section 101(a)(15)(K) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended to read as 
follows:
            ``(K) subject to subsections (d) and (p) of section 214, an 
        alien who--
                    ``(i) is the fiancee or fiance of a citizen of the 
                United States and who seeks to enter the United States 
                solely to conclude a valid marriage with the petitioner 
                within ninety days after admission;
                    ``(ii) has concluded a valid marriage with a 
                citizen of the United States who is the petitioner, is 
                the beneficiary of a petition to accord a status under 
                section 201(b)(2)(A)(i) that was filed under section 
                204 by the petitioner, and seeks to enter the United 
                States to await the approval of such petition and the 
                availability to the alien of an immigrant visa; or
                    ``(iii) is the minor child of an alien described in 
                clause (i) or (ii) and is accompanying, or following to 
                join, the alien;''.
    (b) Provisions Affecting Nonimmigrant Status.--Section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184), as amended by section 
2 of this Act, is further amended by adding at the end the following:
    ``(p)(1) A visa shall not be issued under the provisions of section 
101(a)(15)(K)(ii) until the consular officer has received a petition 
filed in the United States by the spouse of the applying alien and 
approved by the Attorney General. The petition shall be in such form 
and contain such information as the Attorney General shall, by 
regulation, prescribe.
    ``(2) In the case of an alien seeking admission under section 
101(a)(15)(K)(ii) who concluded a marriage with a citizen of the United 
States outside the United States, the alien shall be considered 
inadmissible under section 212(a)(7)(B) if the alien is not at the time 
of application for admission in possession of a valid nonimmigrant visa 
issued by a consular officer in the foreign state in which the marriage 
was concluded.
    ``(3) In the case of a nonimmigrant described in section 
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 
admitted as accompanying, or following to join, such a nonimmigrant, 
the period of authorized admission shall terminate 30 days after the 
date on which any of the following is denied:
            ``(A) The petition filed under section 204 to accord the 
        principal alien status under section 201(b)(2)(A)(i).
            ``(B) The principal alien's application for an immigrant 
        visa pursuant to the approval of such petition.
            ``(C) The principal alien's application for adjustment of 
        status under section 245 pursuant to the approval of such 
        petition.''.
    (c) Conforming Amendments.--
            (1) Admission of nonimmigrants.--Section 214(d) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended 
        by striking ``101(a)(15)(K)'' and inserting 
        ``101(a)(15)(K)(i)''.
            (2) Conditional permanent resident status.--Section 216 of 
        the Immigration and Nationality Act (8 U.S.C. 1186a) is 
        amended, in each of subsections (b)(1)(B) and (d)(1)(A)(ii), by 
        striking ``214(d)'' and inserting ``subsection (d) or (p) of 
        section 214''.
            (3) Adjustment of status.--Section 245 of the Immigration 
        and Nationality Act (8 U.S.C. 1255) is amended--
                    (A) in subsection (d), by striking ``(relating to 
                an alien fiancee or fiance or the minor child of such 
                alien)''; and
                    (B) in subsection (e)(3), by striking ``214(d)'' 
                and inserting ``subsection (d) or (p) of section 214''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to an 
alien who is the beneficiary of a classification petition filed under 
section 204 of the Immigration and Nationality Act before, on, or after 
the date of the enactment of this Act.

SEC. 1104. ADJUSTMENT OF STATUS OF CERTAIN CLASS ACTION PARTICIPANTS 
              WHO ENTERED BEFORE JANUARY 1, 1982, TO THAT OF PERSON 
              ADMITTED FOR LAWFUL RESIDENCE.

    (a) In General.--In the case of an eligible alien described in 
subsection (b), the provisions of section 245A of the Immigration and 
Nationality Act (8 U.S.C. 1255a), as modified by subsection (c), shall 
apply to the alien.
    (b) Eligible Aliens Described.--An alien is an eligible alien 
described in this subsection if, before October 1, 2000, the alien 
filed with the Attorney General a written claim for class membership, 
with or without a filing fee, pursuant to a court order issued in the 
case of--
            (1) Catholic Social Services, Inc. v. Meese, vacated sub 
        nom. Reno v. Catholic Social Services, Inc., 509 U.S. 43 
        (1993); or
            (2) League of United Latin American Citizens v. INS, 
        vacated sub nom. Reno v. Catholic Social Services, Inc., 509 
        U.S. 43 (1993).
    (c) Modifications to Provisions Governing Adjustment of Status.--
The modifications to section 245A of the Immigration and Nationality 
Act that apply to an eligible alien described in subsection (b) of this 
section are the following:
            (1) Temporary resident status.--Subsection (a) of such 
        section 245A shall not apply.
            (2) Adjustment to permanent resident status.--In lieu of 
        paragraphs (1) and (2) of subsection (b) of such section 245A, 
        the Attorney General shall be required to adjust the status of 
        an eligible alien described in subsection (b) of this section 
        to that of an alien lawfully admitted for permanent residence 
        if the alien meets the following requirements:
                    (A) Application Period.--The alien must file with 
                the Attorney General an application for such adjustment 
                during the 12-month period beginning on the date on 
                which the Attorney General issues final regulations to 
                implement this section.
                    (B) Continuous unlawful residence.--
                            (i) In general.--The alien must establish 
                        that the alien entered the United States before 
                        January 1, 1982, and that he or she has resided 
                        continuously in the United States in an 
                        unlawful status since such date and through May 
                        4, 1988. In determining whether an alien 
                        maintained continuous unlawful residence in the 
                        United States for purposes of this 
                        subparagraph, the regulations prescribed by the 
                        Attorney General under section 245A(g) of the 
                        Immigration and Nationality Act that were most 
                        recently in effect before the date of the 
                        enactment of this Act shall apply.
                            (ii) Nonimmigrants.--In the case of an 
                        alien who entered the United States as a 
                        nonimmigrant before January 1, 1982, the alien 
                        must establish that the alien's period of 
                        authorized stay as a nonimmigrant expired 
                        before such date through the passage of time or 
                        the alien's unlawful status was known to the 
                        Government as of such date.
                            (iii) Exchange visitors.--If the alien was 
                        at any time a nonimmigrant exchange alien (as 
                        defined in section 101(a)(15)(J) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)(J)), the alien must establish that 
                        the alien was not subject to the two-year 
                        foreign residence requirement of section 212(e) 
                        of such Act or has fulfilled that requirement 
                        or received a waiver thereof.
                            (iv) Cuban and haitian entrants.--For 
                        purposes of this section, an alien in the 
                        status of a Cuban and Haitian entrant described 
                        in paragraph (1) or (2)(A) of section 501(e) of 
                        Public Law 96-422 shall be considered to have 
                        entered the United States and to be in an 
                        unlawful status in the United States.
                    (C) Continuous physical presence.--
                            (i) In general.--The alien must establish 
                        that the alien was continuously physically 
                        present in the United States during the period 
                        beginning on November 6, 1986, and ending on 
                        May 4, 1988, except that--
                                    (I) an alien shall not be 
                                considered to have failed to maintain 
                                continuous physical presence in the 
                                United States for purposes of this 
                                subparagraph by virtue of brief, 
                                casual, and innocent absences from the 
                                United States; and
                                    (II) brief, casual, and innocent 
                                absences from the United States shall 
                                not be limited to absences with advance 
                                parole.
                            (ii) Admissions.--Nothing in this section 
                        shall be construed as authorizing an alien to 
                        apply for admission to, or to be admitted to, 
                        the United States in order to apply for 
                        adjustment of status under this section or 
                        section 245A of the Immigration and Nationality 
                        Act.
                    (D) Admissible as immigrant.--The alien must 
                establish that the alien--
                            (i) is admissible to the United States as 
                        an immigrant, except as otherwise provided 
                        under section 245A(d)(2) of the Immigration and 
                        Nationality Act;
                            (ii) has not been convicted of any felony 
                        or of three or more misdemeanors committed in 
                        the United States;
                            (iii) has not assisted in the persecution 
                        of any person or persons on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion; 
                        and
                            (iv) is registered or registering under the 
                        Military Selective Service Act, if the alien is 
                        required to be so registered under that Act.
                    (E) Basic citizenship skills.--
                            (i) In general.--The alien must demonstrate 
                        that the alien either--
                                    (I) meets the requirements of 
                                section 312(a) of the Immigration and 
                                Nationality Act (8 U.S.C. 1423(a)) 
                                (relating to minimal understanding of 
                                ordinary English and a knowledge and 
                                understanding of the history and 
                                government of the United States); or
                                    (II) is satisfactorily pursuing a 
                                course of study (recognized by the 
                                Attorney General) to achieve such an 
                                understanding of English and such a 
                                knowledge and understanding of the 
                                history and government of the United 
                                States.
                            (ii) Exception for elderly or 
                        developmentally disabled individuals.--The 
                        Attorney General may, in the discretion of the 
                        Attorney General, waive all or part of the 
                        requirements of clause (i) in the case of an 
                        alien who is 65 years of age or older or who is 
                        developmentally disabled.
                            (iii) Relation to naturalization 
                        examination.--In accordance with regulations of 
                        the Attorney General, an alien who has 
                        demonstrated under clause (i)(I) that the alien 
                        meets the requirements of section 312(a) of the 
                        Immigration and Nationality Act may be 
                        considered to have satisfied the requirements 
                        of that section for purposes of becoming 
                        naturalized as a citizen of the United States 
                        under title III of such Act.
            (3) Temporary stay of removal, authorized travel, and 
        employment during pendency of application.--In lieu of 
        subsections (b)(3) and (e)(2) of such section 245A, the 
        Attorney General shall provide that, in the case of an eligible 
        alien described in subsection (b) of this section who presents 
        a prima facie application for adjustment of status to that of 
        an alien lawfully admitted for permanent residence under such 
        section 245A during the application period described in 
        paragraph (2)(A), until a final determination on the 
        application has been made--
                    (A) the alien may not be deported or removed from 
                the United States;
                    (B) the Attorney General shall, in accordance with 
                regulations, permit the alien to return to the United 
                States after such brief and casual trips abroad as 
                reflect an intention on the part of the alien to adjust 
                to lawful permanent resident status and after brief 
                temporary trips abroad occasioned by a family 
                obligation involving an occurrence such as the illness 
                or death of a close relative or other family need; and
                    (C) the Attorney General shall grant the alien 
                authorization to engage in employment in the United 
                States and provide to that alien an ``employment 
                authorized'' endorsement or other appropriate work 
                permit.
            (4) Applications.--Paragraphs (1) through (4) of subsection 
        (c) of such section 245A shall not apply.
            (5) Confidentiality of information.--Subsection (c)(5) of 
        such section 245A shall apply to information furnished by an 
        eligible alien described in subsection (b) pursuant to any 
        application filed under such section 245A or this section, 
        except that the Attorney General (and other officials and 
        employees of the Department of Justice and any bureau or agency 
        thereof) may use such information for purposes of rescinding, 
        pursuant to section 246(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1256(a)), any adjustment of status obtained by 
        the alien.
            (6) Use of fees for immigration-related unfair employment 
        practices.--Notwithstanding subsection (c)(7)(C) of such 
        section 245A, no application fee paid to the Attorney General 
        pursuant to this section by an eligible alien described in 
        subsection (b) of this section shall be available in any fiscal 
        year for the purpose described in such subsection (c)(7)(C).
            (7) Temporary stay of removal and work authorization for 
        certain applicants before application period.--In lieu of 
        subsection (e)(1) of such section 245A, the Attorney General 
        shall provide that in the case of an eligible alien described 
        in subsection (b) of this section who is apprehended before the 
        beginning of the application period described in paragraph 
        (2)(A) and who can establish a prima facie case of eligibility 
        to have his status adjusted under such section 245A pursuant to 
        this section (but for the fact that he may not apply for such 
        adjustment until the beginning of such period), until the alien 
        has had the opportunity during the first 30 days of the 
        application period to complete the filing of an application for 
        adjustment, the alien--
                    (A) may not be deported or removed from the United 
                States; and
                    (B) shall be granted authorization to engage in 
                employment in the United States and be provided an 
                ``employment authorized'' endorsement or other 
                appropriate work permit.
            (8) Jurisdiction of courts.--Effective as of November 6, 
        1986, subsection (f)(4)(C) of such section 245A shall not apply 
        to an eligible alien described in subsection (b) of this 
        section.
            (9) Public welfare assistance.--Subsection (h) of such 
        section 245A shall not apply.
    (d) Applications From Abroad.--The Attorney General shall establish 
a process under which an alien who has become eligible to apply for 
adjustment of status to that of an alien lawfully admitted for 
permanent residence as a result of the enactment of this section and 
who is not physically present in the United States may apply for such 
adjustment from abroad.
    (e) Deadline for Regulations.--The Attorney General shall issue 
regulations to implement this section not later than 120 days after the 
date of the enactment of this Act.
    (f) Administrative and Judicial Review.--The provisions of 
subparagraphs (A) and (B) of section 245A(f)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1255a(f)(4)) shall apply to administrative or 
judicial review of a determination under this section or of a 
determination respecting an application for adjustment of status under 
section 245A of the Immigration and Nationality Act filed pursuant to 
this section.
    (g) Definition.--For purposes of this section, the term ``such 
section 245A'' means section 245A of the Immigration and Nationality 
Act (8 U.S.C. 1255a).
    Titles I through VII of this Act may be cited as the ``Departments 
of Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2001''.
                                 <all>