[106th Congress Public Law 553]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ553.106]
[[Page 114 STAT. 2762]]
Public Law 106-553
106th Congress
An Act
Making appropriations for the government of the District of Columbia and
other activities <<NOTE: Dec. 21, 2000 - [H.R. 4942]>> chargeable in
whole or in part against the revenues of said District for the fiscal
year ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. <<NOTE: Incorporation by reference.>> (a) The provisions
of the following bills of the 106th Congress are hereby enacted into
law:
(1) <<NOTE: Repealed.>> H.R. 5547, as introduced on October
25, 2000. <<NOTE: Publication. 1 USC 112 note.>>
(2) H.R. 5548, as introduced on October 25, 2000.
(b) <<NOTE: Publication. 1 USC 112 note.>> In publishing this Act
in slip form and in the United States Statutes at Large pursuant to
section 112 of title 1, United States Code, the Archivist of the United
States shall include after the date of approval at the end appendixes
setting forth the texts of the bills referred to in subsection (a) of
this section.
Approved December 21, 2000.
LEGISLATIVE HISTORY--H.R. 4942 (S. 3041):
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HOUSE REPORTS: Nos. 106-786 (Comm. on Appropriations) and 106-1005
(Comm. of Conference).
SENATE REPORTS: No. 106-409 accompanying S. 3041 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 26, Sept. 14, considered and passed House.
Sept. 27, considered and passed Senate, amended, in lieu of
S. 3041.
Oct. 26, House agreed to conference report.
Oct. 27, Senate agreed to conference report.
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__________
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ENDNOTE: The following appendixes were added pursuant to the
provisions of section 1 of this Act. Appendix A was repealed and deemed
never to have been enacted by section 406 of Public Law 106-554 (114
Stat. 2763A-189).
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[[Page 114 STAT. 2762A-1]]
TABLE OF CONTENTS
The table of contents is as follows:
APPENDIX A--H.R. 5547
APPENDIX B--H.R. 5548
[[Page 114 STAT. 2762A-3]]
[This appendix was repealed and deemed never to have been enacted by
section 406 of Public Law 106-554, 114 Stat. 2763A-189]
APPENDIX A--H.R. 5547
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the District of Columbia for
the fiscal year ending September 30, 2001, and for other purposes,
namely:
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a nationwide
program to be administered by the Mayor for District of Columbia
resident tuition support, $17,000,000, to remain available until
expended: Provided, That such funds may be used on behalf of eligible
District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, usable at both public and private
institutions for higher education: Provided further, That the awarding
of such funds may be prioritized on the basis of a resident's academic
merit and such other factors as may be authorized.
Federal Payment for Incentives for Adoption of Children
The paragraph under the heading ``Federal Payment for Incentives for
Adoption of Children'' in Public Law 106-113, approved November 29, 1999
(113 Stat. 1501), is amended to read as follows: ``For a Federal payment
to the District of Columbia to create incentives to promote the adoption
of children in the District of Columbia foster care system, $5,000,000:
Provided, That such funds shall remain available until September 30,
2002, and shall be used to carry out all of the provisions of title 38,
except for section 3808, of the Fiscal Year 2001 Budget Support Act of
2000, D.C. Bill 13-679, enrolled June 12, 2000.''.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the District
of Columbia, $1,250,000, of which $250,000 shall be for payment to a
mentoring program and for hotline services; $250,000 shall be for
payment to a youth development program with a character building
curriculum; $250,000 shall be for payment to a basic values training
program; and $500,000, to remain available
[[Page 114 STAT. 2762A-4]]
until expended, shall be for the design, construction, and maintenance
of a trash rack system to be installed at the Hickey Run stormwater
outfall.
Federal Payment for Commercial Revitalization Program
For a Federal payment to the District of Columbia, $1,500,000, to
remain available until expended, for the Mayor, in consultation with the
Council of the District of Columbia, to provide offsets against local
taxes for a commercial revitalization program, such program to provide
financial inducements, including loans, grants, offsets to local taxes
and other instruments that promote commercial revitalization in
Enterprise Zones and low and moderate income areas in the District of
Columbia: Provided, That in carrying out such a program, the Mayor shall
use Federal commercial revitalization proposals introduced in Congress
as a guideline: Provided further, That not later than 180 days after the
date of the enactment of this Act, the Mayor shall report to the
Committees on Appropriations of the Senate and House of Representatives
on the progress made in carrying out the commercial revitalization
program.
Federal Payment to the District of Columbia Public Schools
For a Federal payment to the District of Columbia Public Schools,
$500,000: Provided, That $250,000 of said amount shall be used for a
program to reduce school violence: Provided further, That $250,000 of
said amount shall be used for a program to enhance the reading skills of
District public school students.
Federal Payment to the Metropolitan Police Department
For a Federal payment to the Metropolitan Police Department,
$100,000: Provided, That said funds shall be used to fund a youth safe
haven police mini-station for mentoring high risk youth.
Federal Contribution to Covenant House Washington
For a Federal contribution to Covenant House Washington for a
contribution to the construction in Southeast Washington of a new
community service center for homeless, runaway and at-risk youth,
$500,000.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections
Trustee, $134,200,000 for the administration and operation of
correctional facilities and for the administrative operating costs of
the Office of the Corrections Trustee, as authorized by section 11202 of
the National Capital Revitalization and Self-Government Improvement Act
of 1997 (Public Law 105-33; 111 Stat. 712) of which $1,000,000 is to
fund an initiative to improve case processing in the District of
Columbia criminal justice system: Provided, That notwithstanding any
other provision of law, funds appropriated in this Act for the District
of Columbia Corrections Trustee shall be apportioned quarterly by the
Office of Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other Federal
agencies: Provided
[[Page 114 STAT. 2762A-5]]
further, That in addition to the funds provided under this heading, the
District of Columbia Corrections Trustee may use any remaining interest
earned on the Federal payment made to the Trustee under the District of
Columbia Appropriations Act, 1998, to carry out the activities funded
under this heading.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$105,000,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $7,409,000; for the District of Columbia Superior
Court, $71,121,000; for the District of Columbia Court System,
$17,890,000; $5,255,000 to finance a pay adjustment of 8.48 percent for
nonjudicial employees; and $3,325,000, including $825,000 for roofing
repairs to the facility commonly referred to as the Old Courthouse and
located at 451 Indiana Avenue, Northwest, to remain available until
September 30, 2002, for capital improvements for District of Columbia
courthouse facilities: Provided, That none of the funds in this Act or
in any other Act shall be available for the purchase, installation, or
operation of an Integrated Justice Information System until a detailed
plan and design has been submitted by the courts and approved by the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration (GSA), said
services to include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and the Committee
on Government Reform of the House of Representatives.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Code (relating to representation provided under the District of
Columbia Criminal Justice Act), payments for counsel appointed in
proceedings in the Family Division of the Superior Court of the District
of Columbia under chapter 23 of title 16, D.C. Code, and payments for
counsel authorized under section 21-2060, D.C. Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$34,387,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $3,325,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That, in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia shall use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$3,325,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to
[[Page 114 STAT. 2762A-6]]
make payments described under this heading for obligations incurred
during any fiscal year: Provided further, That such funds shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That notwithstanding any other
provision of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on a
contractual basis with the General Services Administration (GSA), said
services to include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and the Committee
on Government Reform of the House of Representatives: Provided further,
That the District of Columbia Courts shall implement the recommendations
in the General Accounting Office Report GAO/AIMD/OGC-99-226 regarding
payments to court-appointed attorneys and shall report quarterly to the
Office of Management and Budget and to the House and Senate
Appropriations Committees on the status of these reforms.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(including transfer of funds)
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997 (Public Law
105-33; 111 Stat. 712), $112,527,000, of which $67,521,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to supervision of adults
subject to protection orders or provision of services for or related to
such persons; $18,778,000 shall be transferred to the Public Defender
Service; and $26,228,000 shall be available to the Pretrial Services
Agency: Provided, That of the amount provided under this heading,
$17,854,000 shall be used to improve pretrial defendant and post-
conviction offender supervision, enhance drug testing and sanctions-
based treatment programs and other treatment services, expand
intermediate sanctions and offender re-entry programs, continue planning
and design proposals for a residential Sanctions Center and improve
administrative infrastructure, including information technology; and
$836,000 of the $17,854,000 referred to in this proviso is for the
Public Defender Service: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further, That
notwithstanding section 446 of the District of Columbia Home Rule Act or
any provision of subchapter III of chapter 13 of title 31, United States
Code, the use of interest earned on the Federal payment made to the
District of Columbia Offender Supervision, Defender, and Court Services
Agency under the District of Columbia Appropriations Act, 1998, by the
Agency during
[[Page 114 STAT. 2762A-7]]
fiscal years 1998 and 1999 shall not constitute a violation of such Act
or such subchapter.
Federal Payment for Washington Interfaith Network
For a Federal payment to the Washington Interfaith Network to
reimburse the Network for costs incurred in carrying out preconstruction
activities at the former Fort Dupont Dwellings and Additions,
$1,000,000: Provided, That such activities may include architectural and
engineering studies, property appraisals, environmental assessments,
grading and excavation, landscaping, paving, and the installation of
curbs, gutters, sidewalks, sewer lines, and other utilities: Provided
further, That the Secretary of the Treasury shall make such payment only
after the Network has received matching funds from private sources
(including funds provided through loans) to carry out such activities in
an aggregate amount which is equal to the amount of such payment (as
certified by the Inspector General of the District of Columbia) and has
provided the Secretary of the Treasury with a request for reimbursement
which contains documentation certified by the Inspector General of the
District of Columbia showing that the Network carried out the activities
and that the costs incurred in carrying out the activities were equal to
or less than the amount of the reimbursement requested: Provided
further, That none of the funds provided under this heading may be
obligated or expended after December 31, 2001 (without regard to whether
the activities involved were carried out prior to such date).
Federal Payment for Plan To Simplify Employee Compensation Systems
For a Federal payment to the Mayor of the District of Columbia for a
contract for the study and development of a plan to simplify the
compensation systems, schedules, and work rules applicable to employees
of the District government, $250,000: Provided, That under the terms of
the contract the plan shall include (at a minimum) a review of the
current compensation systems, schedules, and work rules applicable to
such employees; a review of the best practices regarding the
compensation systems, schedules, and work rules of State and local
governments and other appropriate organizations; a proposal for
simplifying the systems, schedules, and rules applicable to employees of
the District government; and the development of strategies for
implementing such proposal, including an identification of any
statutory, contractual, or other barriers to implementing the proposal
and an estimated time frame for implementing the proposal: Provided
further, That under the terms of the contract the contractor shall
submit the plan to the Mayor and to the Committees on Appropriations of
the House of Representatives and Senate: Provided further, That the
Mayor shall develop a proposed solicitation for the contract not later
than 90 days after the date of the enactment of this Act and shall
submit a copy of the proposed solicitation to the Comptroller General
for review at least 90 days prior to the issuance of such solicitation:
Provided further, That not later than 45 days after receiving the
proposed solicitation from the Mayor, the Comptroller General shall
review the solicitation to ensure that it adequately addresses all of
the necessary elements described under this heading and report to the
Committees on Appropriations of the House
[[Page 114 STAT. 2762A-8]]
of Representatives and Senate on the results of this review: Provided
further, That for purposes of this contract the term ``District
government'' has the meaning given such term in section 305(5) of the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995 (sec. 47-393(5), D.C. Code), except that such term shall not
include the courts of the District of Columbia and shall include the
District of Columbia Financial Responsibility and Management Assistance
Authority.
Metrorail Construction
For the Washington Metropolitan Area Transit Authority (WMATA), a
contribution of $25,000,000, to remain available until expended, to
design and build a Metrorail station located at New York and Florida
Avenues, Northeast: Provided, That prior to the release of said funds
from the U.S. Treasury, the District of Columbia shall set aside an
additional $25,000,000 for this project in its Fiscal Year 2001 Budget
and Financial Plan and, further, shall establish a special taxing
district for the neighborhood of the proposed Metrorail station to
provide $25,000,000: Provided further, That the requirements of 49
U.S.C. 5309(a)(2) shall apply to this project.
Federal Payment for Brownfield Remediation
For a Federal payment to the District of Columbia, $3,450,000 for
environmental and infrastructure costs at Poplar Point: Provided, That
of said amount, $2,150,000 shall be available for environmental
assessment, site remediation, and wetlands restoration of the 11 acres
of real property under the jurisdiction of the District of Columbia:
Provided further, That no more than $1,300,000 shall be used for
infrastructure costs for an entrance to Anacostia Park: Provided
further, That none of said funds shall be used by the District of
Columbia to purchase private property in the Poplar Point area.
Presidential Inauguration
For a payment to the District of Columbia to reimburse the District
for expenses incurred in connection with Presidential inauguration
activities, $5,961,000, as authorized by section 737(b) of the District
of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 824;
D.C. Code, sec. 1-1132), which shall be apportioned by the Chief
Financial Officer within the various appropriation headings in this Act.
Children's National Medical Center
For a Federal contribution to the Children's National Medical Center
in the District of Columbia, $500,000 to be used for the network of
satellite pediatric health clinics for children and families in
underserved neighborhoods and communities in the District of Columbia.
Child Advocacy Center
For a Federal contribution to the Child Advocacy Center for its Safe
Shores program, $500,000.
[[Page 114 STAT. 2762A-9]]
St. Coletta of Greater Washington Expansion Project
For a Federal contribution to St. Coletta of Greater Washington,
Inc. for costs associated with the establishment of a day program and
comprehensive case management services for mentally retarded and
multiple-handicapped adolescents and adults in the District of Columbia,
including property acquisition and construction, $1,000,000.
District of Columbia Special Olympics
For a Federal contribution to the District of Columbia Special
Olympics, $250,000.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act and section 126
of this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2001 under this
heading shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $5,677,379,000 (of
which $172,607,000 shall be from intra-District funds and $3,250,783,000
shall be from local funds): Provided further, That the Chief Financial
Officer of the District of Columbia and the District of Columbia
Financial Responsibility and Management Assistance Authority shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2001, except that the Chief Financial
Officer may not reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital projects.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority (Authority), established by section 101(a) of the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995 (109 Stat. 97; Public Law 104-8), $3,140,000: Provided, That
these funds be derived from accounts held by the Authority on behalf of
the District of Columbia: Provided further, That none of the funds
contained in this Act may be used to pay any compensation of the
Executive Director or General Counsel of the Authority at a rate in
excess of the maximum rate of compensation which may be paid to such
individual during fiscal year 2001 under section 102 of such Act, as
determined by the Comptroller General (as described in GAO letter report
B-279095.2): Provided further, That none of the funds contained in this
Act or any other funds available to the Authority
[[Page 114 STAT. 2762A-10]]
or any other entity of the District of Columbia government from any
source (including any accounts of the Authority) may be used for any
payments (including but not limited to severance or bonus payments, and
payments under agreements in effect before the enactment of this Act) to
any individual upon or following the individual's separation from
employment with the Authority (other than a payment of the individual's
regular salary for services performed prior to separation or a payment
for unused annual leave accrued by the individual), except that an
individual who is employed by the Authority during the entire period
which begins on the date of the enactment of this Act and ends on
September 30, 2001, may receive a severance payment after such date in
an aggregate amount which does not exceed the product of 200 percent of
the individual's average weekly salary during the final 12-month period
(or portion thereof ) during which the individual was employed by the
Authority and the number of full years during which the individual was
employed by the Authority.
Governmental Direction and Support
Governmental direction and support, $195,771,000 (including
$162,172,000 from local funds, $20,424,000 from Federal funds, and
$13,175,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further, That the
District of Columbia shall identify the sources of funding for Admission
to Statehood from its own locally-generated revenues: Provided further,
That all employees permanently assigned to work in the Office of the
Mayor shall be paid from funds allocated to the Office of the Mayor:
Provided further, That notwithstanding any other provision of law, or
Mayor's Order 86-45, issued March 18, 1986, the Office of the Chief
Technology Officer's delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia government may
not require the Office of the Chief Technology Officer to submit to any
other procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000: Provided
further, That $303,000 and no fewer than 5 FTEs shall be available
exclusively to support the Labor-Management Partnership Council:
Provided further, That, effective September 30, 2000, section 168(a) of
the District of Columbia Appropriations Act, 2000 (Public Law 106-113;
113 Stat. 1531) is amended by inserting ``, to remain available until
expended,'' after ``$5,000,000'': Provided further, That not later than
March 1, 2001, the Chief Financial Officer of the District of Columbia
shall submit a study to the Committees on Appropriations of the House of
Representatives and Senate on the merits and potential savings of
privatizing the operation and administration of Saint Elizabeths
Hospital.
[[Page 114 STAT. 2762A-11]]
Economic Development and Regulation
Economic development and regulation, $205,638,000 (including
$53,562,000 from local funds, $92,378,000 from Federal funds, and
$59,698,000 from other funds), of which $15,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement Districts Act of
1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Amendment Act of 1997 (D.C. Law 12-26): Provided,
That such funds are available for acquiring services provided by the
General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year, and such
sums as may be necessary for making refunds and for the payment of
judgments that have been entered against the District of Columbia
government $762,546,000 (including $591,565,000 from local funds,
$24,950,000 from Federal funds, and $146,031,000 from other funds):
Provided, That the Metropolitan Police Department is authorized to
replace not to exceed 25 passenger-carrying vehicles and the Department
of Fire and Emergency Medical Services of the District of Columbia is
authorized to replace not to exceed five passenger-carrying vehicles
annually whenever the cost of repair to any damaged vehicle exceeds
three-fourths of the cost of the replacement: Provided further, That not
to exceed $500,000 shall be available from this appropriation for the
Chief of Police for the prevention and detection of crime: Provided
further, That notwithstanding any other provision of law, or Mayor's
Order 86-45, issued March 18, 1986, the Metropolitan Police Department's
delegated small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the
Metropolitan Police Department to submit to any other procurement review
process, or to obtain the approval of or be restricted in any manner by
any official or employee of the District of Columbia government, for
purchases that do not exceed $500,000: Provided further, That the Mayor
shall reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed in emergencies
by the National Guard in a militia status and are requested by the
Mayor, in amounts that shall be jointly determined and certified as due
and payable for these services by the Mayor and the Commanding General
of the District of Columbia National Guard: Provided further, That such
sums as may be necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available from this
appropriation, and the availability of the sums shall be deemed as
constituting payment in advance for emergency services involved:
Provided further, That the Metropolitan Police Department is authorized
to maintain 3,800 sworn officers, with leave for a 50 officer attrition:
Provided further, That no more than 15 members of the Metropolitan
Police Department shall be detailed or assigned to the Executive
Protection Unit, until the Chief of Police submits a recommendation
[[Page 114 STAT. 2762A-12]]
to the Council for its review: Provided further, That $100,000 shall be
available for inmates released on medical and geriatric parole: Provided
further, That commencing on December 31, 2000, the Metropolitan Police
Department shall provide to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform of the
House of Representatives, quarterly reports on the status of crime
reduction in each of the 83 police service areas established throughout
the District of Columbia.
Public Education System
Public education system, including the development of national
defense education programs, $998,918,000 (including $824,867,000 from
local funds, $147,643,000 from Federal funds, and $26,408,000 from other
funds), to be allocated as follows: $769,943,000 (including $629,309,000
from local funds, $133,490,000 from Federal funds, and $7,144,000 from
other funds), for the public schools of the District of Columbia;
$200,000 from local funds for the District of Columbia Teachers'
Retirement Fund; $1,679,000 from local funds for the State Education
Office, $17,000,000 from local funds, previously appropriated in this
Act as a Federal payment, for resident tuition support at public and
private institutions of higher learning for eligible District of
Columbia residents; and $105,000,000 from local funds for public charter
schools: Provided, That there shall be quarterly disbursement of funds
to the District of Columbia public charter schools, with the first
payment to occur within 15 days of the beginning of each fiscal year:
Provided further, That the District of Columbia public charter schools
will report enrollment on a quarterly basis upon which a quarterly
disbursement will be calculated: Provided further, That the quarterly
payment of October 15, 2000, shall be 50 percent of each public charter
school's annual entitlement based on its unaudited October 5 enrollment
count: Provided further, That if the entirety of this allocation has not
been provided as payments to any public charter schools currently in
operation through the per pupil funding formula, the funds shall be
available for public education in accordance with the School Reform Act
of 1995 (D.C. Code, sec. 31-2853.43(A)(2)(D); Public Law 104-134, as
amended): Provided further, That $480,000 of this amount shall be
available to the District of Columbia Public Charter School Board for
administrative costs: Provided further, That $76,433,000 (including
$44,691,000 from local funds, $13,199,000 from Federal funds, and
$18,543,000 from other funds) shall be available for the University of
the District of Columbia: Provided further, That $200,000 is allocated
for the East of the River Campus Assessment Study, $1,000,000 for the
Excel Institute Adult Education Program to be used by the Institute for
construction and to acquire construction services provided by the
General Services Administration on a reimbursable basis, $500,000 for
the Adult Education State Plan, $650,000 for The Saturday Academy Pre-
College Program, and $481,000 for the Strengthening of Academic
Programs; and $26,459,000 (including $25,208,000 from local funds,
$550,000 from Federal funds and $701,000 other funds) for the Public
Library: Provided further, That the $1,020,000 enhancement shall be
allocated such that $500,000 is used for facilities improvements for 8
of the 26 library branches, $235,000
[[Page 114 STAT. 2762A-13]]
for 13 FTEs for the continuation of the Homework Helpers Program,
$166,000 for 3 FTEs in the expansion of the Reach Out And Roar (ROAR)
service to license day care homes, and $119,000 for 3 FTEs to expand
literacy support into branch libraries: Provided further, That
$2,204,000 (including $1,780,000 from local funds, $404,000 from Federal
funds and $20,000 from other funds) shall be available for the
Commission on the Arts and Humanities: Provided further, That the public
schools of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the University of
the District of Columbia, and $2,000 for the Public Librarian shall be
available from this appropriation for official purposes: Provided
further, That none of the funds contained in this Act may be made
available to pay the salaries of any District of Columbia Public School
teacher, principal, administrator, official, or employee who knowingly
provides false enrollment or attendance information under article II,
section 5 of the Act entitled ``An Act to provide for compulsory school
attendance, for the taking of a school census in the District of
Columbia, and for other purposes'', approved February 4, 1925 (D.C.
Code, sec. 31-401 et seq.): Provided further, That this appropriation
shall not be available to subsidize the education of any nonresident of
the District of Columbia at any District of Columbia public elementary
and secondary school during fiscal year 2001 unless the nonresident pays
tuition to the District of Columbia at a rate that covers 100 percent of
the costs incurred by the District of Columbia which are attributable to
the education of the nonresident (as established by the Superintendent
of the District of Columbia Public Schools): Provided further, That this
appropriation shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of the
District of Columbia, unless the Board of Trustees of the University of
the District of Columbia adopts, for the fiscal year ending September
30, 2001, a tuition rate schedule that will establish the tuition rate
for nonresident students at a level no lower than the nonresident
tuition rate charged at comparable public institutions of higher
education in the metropolitan area: Provided further, That $2,200,000 is
allocated to the Temporary Weighted Student Formula to fund 344
additional slots for pre-K students: Provided further, That $50,000 is
allocated to fund a conference on learning support for children ages 3-4
hosted jointly by the District of Columbia Public Schools and District
of Columbia public charter schools: Provided further, That no local
funds in this Act shall be used to administer a system-wide standardized
test more than once in fiscal year 2001: Provided further, That no less
than $436,452,000 shall be expended on local schools through the
Weighted Student Formula: Provided further, That notwithstanding any
other provision of law, rule, or regulation, the evaluation process and
instruments for evaluating District of Columbia Public School employees
shall be a non-negotiable item for collective bargaining purposes:
Provided further, That the District of Columbia Public Schools shall
spend $250,000 to engage in a Schools Without Violence program based on
a model developed by the University of North Carolina, located in
Greensboro, North Carolina: Provided further, That the District of
Columbia Public Schools shall spend $250,000 to implement a Failure Free
Reading program in the
[[Page 114 STAT. 2762A-14]]
District's public schools: Provided further, That notwithstanding the
amounts otherwise provided under this heading or any other provision of
law, there shall be appropriated to the District of Columbia public
charter schools on July 1, 2001, an amount equal to 25 percent of the
total amount provided for payments to public charter schools in the
proposed budget of the District of Columbia for fiscal year 2002 (as
submitted to Congress), and the amount of such payment shall be
chargeable against the final amount provided for such payments under the
District of Columbia Appropriations Act, 2002: Provided further, That
notwithstanding the amounts otherwise provided under this heading or any
other provision of law, there shall be appropriated to the District of
Columbia Public Schools on July 1, 2001, an amount equal to 10 percent
of the total amount provided for the District of Columbia Public Schools
in the proposed budget of the District of Columbia for fiscal year 2002
(as submitted to Congress), and the amount of such payment shall be
chargeable against the final amount provided for the District of
Columbia Public Schools under the District of Columbia Appropriations
Act, 2002.
Human Support Services
(including transfer of funds)
Human support services, $1,535,654,000 (including $637,347,000 from
local funds, $881,589,000 from Federal funds, and $16,718,000 from other
funds): Provided, That $25,836,000 of this appropriation, to remain
available until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided further, That the
District of Columbia shall not provide free government services such as
water, sewer, solid waste disposal or collection, utilities,
maintenance, repairs, or similar services to any legally constituted
private nonprofit organization, as defined in section 411(5) of the
Stewart B. McKinney Homeless Assistance Act (101 Stat. 485; Public Law
100-77; 42 U.S.C. 11371), providing emergency shelter services in the
District, if the District would not be qualified to receive
reimbursement pursuant to such Act (101 Stat. 485; Public Law 100-77; 42
U.S.C. 11301 et seq.): Provided further, That $1,250,000 shall be paid
to the Doe Fund for the operation of its Ready, Willing, and Able
Program in the District of Columbia as follows: $250,000 to cover debt
owed by the District of Columbia government for services rendered shall
be paid to the Doe Fund within 15 days of the enactment of this Act; and
$1,000,000 shall be paid in equal monthly installments by the fifteenth
day of each month: Provided further, That $400,000 shall be available
for the administrative costs associated with implementation of the Drug
Treatment Choice Program established pursuant to section 4 of the Choice
in Drug Treatment Act of 2000, signed by the Mayor on April 20, 2000
(D.C. Act 13-329): Provided further, That $7,000,000 shall be available
for deposit in the Addiction Recovery Fund established pursuant to
section 5 of the Choice in Drug Treatment Act of 2000, signed by the
Mayor on April 20, 2000 (D.C. Act 13-329): Provided further, That the
District of Columbia is authorized to enter into a long-term lease of
Hamilton Field with Gonzaga College High School and that, in exchange
for such a lease, Gonzaga will introduce and implement a youth baseball
program focused on 13 to 18 year old residents, said program to include
summer and fall baseball
[[Page 114 STAT. 2762A-15]]
programs and baseball clinics: Provided further, That notwithstanding
any other provision of law, to augment the District of Columbia subsidy
for the District of Columbia Health and Hospitals Public Benefit
Corporation, the District of Columbia may transfer from other non-
Federal funds appropriated under this Act to the Human Support Services
appropriation under this Act an amount not to exceed $90,000,000 for the
purpose of restructuring the delivery of health services in the District
of Columbia: Provided further, That such restructuring shall be pursuant
to a restructuring plan approved by the Mayor of the District of
Columbia, the Council of the District of Columbia, the District of
Columbia Financial Responsibility and Management Assistance Authority,
and the Board of Directors of the Public Benefit Corporation: Provided
further, That--
(1) the restructuring plan reduces personnel levels of D.C.
General Hospital and of the Public Benefit Corporation
consistent with the reduction in force set forth in the August
25, 2000, resolution of the Board of Directors of the Public
Benefit Corporation regarding personnel structure, by reducing
personnel by at least 500 full-time equivalent employees,
without replacement by contract personnel;
(2) no transferred funds are expended until 10 calendar days
after the restructuring plan has received final approval and a
copy evidencing final approval has been submitted by the Mayor
to the Committee on Government Reform of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Committees on Appropriations of the House of
Representatives and the Senate; and
(3) the plan includes a certification that the plan does not
request and does not rely upon any current or future request for
additional appropriation of Federal funds.
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $278,242,000 (including $265,078,000 from local funds,
$3,328,000 from Federal funds, and $9,836,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business:
Provided further, That $100,000 shall be available for a commercial
sector recycling initiative, $250,000 to initiate a recycling education
campaign, $10,000 for community clean-up kits, $190,000 to restore a 3.5
percent vacancy rate in Parking Services, $170,000 to plant 500 trees,
$118,000 for two water trucks, $150,000 for contract monitors and
parking analysts within Parking Services, $1,409,000 for a neighborhood
cleanup initiative, $1,000,000 for tree maintenance, $600,000 for an
anti-graffiti program, $226,000 for a hazardous waste program,
$1,260,000 for parking control aides, and $400,000 for the Department of
Motor Vehicles to hire additional ticket adjudicators, conduct
additional hearings, and reduce the waiting time for hearings.
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $389,528,000 (including $234,913,000
[[Page 114 STAT. 2762A-16]]
from local funds, $135,555,000 from Federal funds, and $19,060,000 from
other funds).
Reserve
For replacement of funds expended, if any, during fiscal year 2000
from the Reserve established by section 202( j) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995,
Public Law 104-8, $150,000,000 from local funds: Provided, That none of
these funds shall be obligated or expended under this heading until the
emergency reserve fund established under this Act has been fully funded
for fiscal year 2001 pursuant to section 450A of the District of
Columbia Home Rule Act as set forth herein.
Emergency Reserve Fund
For the emergency reserve fund established under section 450A(a) of
the District of Columbia Home Rule Act, the amount provided for fiscal
year 2001 under such section, to be derived from local funds.
Repayment of Loans and Interest
For payment of principal, interest and certain fees directly
resulting from borrowing by the District of Columbia to fund District of
Columbia capital projects as authorized by sections 462, 475, and 490 of
the District of Columbia Home Rule Act, approved December 24, 1973,
$243,238,000 from local funds: Provided, That any funds set aside
pursuant to section 148 of the District of Columbia Appropriations Act,
2000 (Public Law 106-113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-You-Go Capital
Funds: Provided further, That for equipment leases, the Mayor may
finance $19,232,000 of equipment cost, plus cost of issuance not to
exceed 2 percent of the par amount being financed on a lease purchase
basis with a maturity not to exceed 5 years: Provided further, That
$2,000,000 is allocated to the Metropolitan Police Department,
$4,300,000 for the Fire and Emergency Medical Services Department,
$1,622,000 for the Public Library, $2,010,000 for the Department of
Parks and Recreation, $7,500,000 for the Department of Public Works, and
$1,800,000 for the Public Benefit Corporation.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $39,300,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, (105 Stat. 540; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $1,140,000 from
local funds.
[[Page 114 STAT. 2762A-17]]
Presidential Inauguration
For reimbursement for necessary expenses incurred in connection with
Presidential inauguration activities as authorized by section 737(b) of
the District of Columbia Home Rule Act, Public Law 93-198, as amended,
approved December 24, 1973 (87 Stat. 824; D.C. Code, sec. 1-1803),
$5,961,000 from local funds, previously appropriated in this Act as a
Federal payment, which shall be apportioned by the Chief Financial
Officer within the various appropriation headings in this Act.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located at
One Judiciary Square, $7,950,000 from local funds.
Wilson Building
For expenses associated with the John A. Wilson Building, $8,409,000
from local funds.
Optical and Dental Insurance Payments
For optical and dental insurance payments, $2,675,000 from local
funds.
Management Supervisory Service
For management supervisory service, $13,200,000 from local funds, to
be transferred by the Mayor of the District of Columbia among the
various appropriation headings in this Act for which employees are
properly payable.
Tobacco Settlement Trust Fund Transfer Payment
Subject to the issuance of bonds to pay the purchase price of the
District of Columbia's right, title and interest in and to the Master
Settlement Agreement, and consistent with the Tobacco Settlement
Financing and Trust Fund Amendment Act of 2000, there is transferred the
amount available pursuant thereto, but not to exceed $61,406,000, to the
Tobacco Settlement Trust Fund established pursuant to section 2302 of
the Tobacco Settlement Trust Fund Establishment Act of 1999, effective
October 20, 1999 (D.C. Law 13-38; to be codified at D.C. Code, sec. 6-
135), to be spent pursuant to local law.
Operational Improvements Savings (Including Managed Competition)
The Mayor and the Council, in consultation with the Chief Financial
Officer and the District of Columbia Financial Responsibility and
Management Assistance Authority, shall make reductions of $10,000,000
for operational improvements savings in local funds to one or more of
the appropriation headings in this Act.
[[Page 114 STAT. 2762A-18]]
Management Reform Savings
The Mayor and the Council, in consultation with the Chief Financial
Officer and the District of Columbia Financial Responsibility and
Management Assistance Authority, shall make reductions of $37,000,000
for management reform savings in local funds to one or more of the
appropriation headings in this Act.
Cafeteria Plan Savings
For the implementation of a Cafeteria Plan pursuant to Federal law,
a reduction of $5,000,000 in local funds.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority and the Washington Aqueduct
For operation of the Water and Sewer Authority and the Washington
Aqueduct, $275,705,000 from other funds (including $230,614,000 for the
Water and Sewer Authority and $45,091,000 for the Washington Aqueduct)
of which $41,503,000 shall be apportioned and payable to the District's
debt service fund for repayment of loans and interest incurred for
capital improvement projects.
For construction projects, $140,725,000, as authorized by the Act
entitled ``An Act authorizing the laying of watermains and service
sewers in the District of Columbia, the levying of assessments therefor,
and for other purposes'' (33 Stat. 244; Public Law 58-140; D.C. Code,
sec. 43-1512 et seq.): Provided, That the requirements and restrictions
that are applicable to general fund capital improvements projects and
set forth in this Act under the Capital Outlay appropriation title shall
apply to projects approved under this appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act for the fiscal year ending
September 30, 1982 (95 Stat. 1174, 1175; Public Law 97-91), for the
purpose of implementing the Law to Legalize Lotteries, Daily Numbers
Games, and Bingo and Raffles for Charitable Purposes in the District of
Columbia (D.C. Law 3-172; D.C. Code, sec. 2-2501 et seq. and sec. 22-
1516 et seq.), $223,200,000: Provided, That the District of Columbia
shall identify the source of funding for this appropriation title from
the District's own locally generated revenues: Provided further, That no
revenues from Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $10,968,000 from other
funds: Provided, That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by section 442(b) of
the District of Columbia Home Rule Act (87 Stat. 824; Public Law 93-198;
D.C. Code, sec. 47-301(b)).
[[Page 114 STAT. 2762A-19]]
District of Columbia Health and Hospitals Public Benefit Corporation
(including transfer of funds)
For the District of Columbia Health and Hospitals Public Benefit
Corporation, established by D.C. Law 11-212 (D.C. Code, sec. 32-262.2),
$123,548,000, of which $45,313,000 shall be derived by transfer from the
general fund, and $78,235,000 from other funds: Provided, That no
appropriated amounts and no amounts from or guaranteed by the District
of Columbia government (including the District of Columbia Financial
Responsibility and Management Assistance Authority) may be made
available to the Corporation (through reprogramming, transfers, loans,
or any other mechanism) which are not otherwise provided for under this
heading until a restructuring plan for D.C. General Hospital has been
approved by the Mayor of the District of Columbia, the Council of the
District of Columbia, the Authority, the Chief Financial Officer of the
District of Columbia, and the Chair of the Board of Directors of the
Corporation: Provided further, That for each payment or group of
payments made by or on behalf of the Corporation, the Chief Financial
Officer of the District of Columbia shall sign an affidavit certifying
that the making of the payment does not constitute a violation of any
provision of subchapter III of chapter 13 of title 31, United States
Code, or of any provision of this Act: Provided further, That more than
one payment may be covered by the same affidavit under the previous
proviso, but a single affidavit may not cover more than one week's worth
of payments: Provided further, That it shall be unlawful for any person
to order any other person to sign any affidavit required under this
heading, or for any person to provide any signature required under this
heading on such an affidavit by proxy or by machine, computer, or other
facsimile device.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established by
section 121 of the District of Columbia Retirement Reform Act of 1979
(93 Stat. 866; D.C. Code, sec. 1-711), $11,414,000 from the earnings of
the applicable retirement funds to pay legal, management, investment,
and other fees and administrative expenses of the District of Columbia
Retirement Board: Provided, That the District of Columbia Retirement
Board shall provide to the Congress and to the Council of the District
of Columbia a quarterly report of the allocations of charges by fund and
of expenditures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized accounting of the
planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act (78 Stat. 1000;
Public Law 88-622), $1,808,000 from other funds.
[[Page 114 STAT. 2762A-20]]
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $52,726,000
from other funds.
Capital Outlay
(including rescissions)
For construction projects, an increase of $1,077,282,000 of which
$806,787,000 is from local funds, $66,446,000 is from highway trust
funds, and $204,049,000 is from Federal funds, and a rescission of
$55,208,000 from local funds appropriated under this heading in prior
fiscal years, for a net amount of $1,022,074,000 to remain available
until expended: Provided, That funds for use of each capital project
implementing agency shall be managed and controlled in accordance with
all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by this
appropriation title shall be available only for the specific projects
and purposes intended: Provided further, That notwithstanding the
foregoing, all authorizations for capital outlay projects, except those
projects covered by the first sentence of section 23(a) of the Federal
Aid Highway Act of 1968 (82 Stat. 827; Public Law 90-495; D.C. Code,
sec. 7-134, note), for which funds are provided by this appropriation
title, shall expire on September 30, 2002, except authorizations for
projects as to which funds have been obligated in whole or in part prior
to September 30, 2002: Provided further, That upon expiration of any
such project authorization, the funds provided herein for the project
shall lapse.
General Provisions
Sec. 101. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 102. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the chair of
the Council.
Sec. 103. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460; D.C. Code,
sec. 47-1812.11(c)(3)).
Sec. 104. (a) Requiring Mayor to Maintain Index.--Effective with
respect to fiscal year 2001 and each succeeding fiscal year, the Mayor
of the District of Columbia shall maintain an index of all employment
personal services and consulting contracts in effect on behalf of the
District government, and shall include in
[[Page 114 STAT. 2762A-21]]
the index specific information on any severance clause in effect under
any such contract.
(b) Public Inspection.--The index maintained under subsection (a)
shall be kept available for public inspection during regular business
hours.
(c) Contracts Exempted.--Subsection (a) shall not apply with respect
to any collective bargaining agreement or any contract entered into
pursuant to such a collective bargaining agreement.
(d) District Government Defined.--In this section, the term
``District government'' means the government of the District of
Columbia, including--
(1) any department, agency or instrumentality of the
government of the District of Columbia;
(2) any independent agency of the District of Columbia
established under part F of title IV of the District of Columbia
Home Rule Act or any other agency, board, or commission
established by the Mayor or the Council;
(3) the Council of the District of Columbia;
(4) any other agency, public authority, or public benefit
corporation which has the authority to receive monies directly
or indirectly from the District of Columbia (other than monies
received from the sale of goods, the provision of services, or
the loaning of funds to the District of Columbia); and
(5) the District of Columbia Financial Responsibility and
Management Assistance Authority.
(e) No payment shall be made pursuant to any such contract subject
to subsection (a), nor any severance payment made under such contract,
if a copy of the contract has not been filed in the index. Interested
parties may file copies of their contract or severance agreement in the
index on their own behalf.
Sec. 105. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 106. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be used
to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 107. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the House Committee on Government Reform,
the Senate Committee on Governmental Affairs, and the Council of the
District of Columbia, or their duly authorized representative.
Sec. 108. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 109. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before Congress or any
State legislature.
[[Page 114 STAT. 2762A-22]]
Sec. 110. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 111. (a) None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2001, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure for
an agency through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied, limited or
increased by Congress in this Act; (4) increases funds or personnel by
any means for any program, project, or responsibility center for which
funds have been denied or restricted; (5) reestablishes through
reprogramming any program or project previously deferred through
reprogramming; (6) augments existing programs, projects, or
responsibility centers through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less; or (7) increases by 20
percent or more personnel assigned to a specific program, project or
responsibility center; unless the Committees on Appropriations of both
the Senate and House of Representatives are notified in writing 30 days
in advance of any reprogramming as set forth in this section.
(b) None of the local funds contained in this Act may be available
for obligation or expenditure for an agency through a reprogramming of
funds which transfers any local funds from one appropriation to another
unless the Committees on Appropriations of the Senate and House of
Representatives are notified in writing 30 days in advance of the
transfer, except that in no event may the amount of any funds
transferred exceed 2 percent of the local funds in the appropriation.
Sec. 112. Consistent with the provisions of 31 U.S.C. 1301(a),
appropriations under this Act shall be applied only to the objects for
which the appropriations were made except as otherwise provided by law.
Sec. 113. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of Columbia Home Rule
Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall
apply with respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of title 5,
United States Code.
Sec. 114. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 2001, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 2001 revenue estimates as of the end of the first
quarter of fiscal year 2001. These estimates shall be used in the budget
request for the fiscal year ending September 30, 2002. The officially
revised estimates at midyear shall be used for the midyear report.
[[Page 114 STAT. 2762A-23]]
Sec. 115. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth in
section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that the District
of Columbia government or any agency thereof may renew or extend sole
source contracts for which competition is not feasible or practical:
Provided, That the determination as to whether to invoke the competitive
bidding process has been made in accordance with duly promulgated rules
and procedures and said determination has been reviewed and approved by
the District of Columbia Financial Responsibility and Management
Assistance Authority.
Sec. 116. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term
``program, project, and activity'' shall be synonymous with and refer
specifically to each account appropriating Federal funds in this Act,
and any sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Provided, That
sequestration orders shall not be applied to any account that is
specifically exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 117. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat.
1037: Public Law 99-177), after the amounts appropriated to the District
of Columbia for the fiscal year involved have been paid to the District
of Columbia, the Mayor of the District of Columbia shall pay to the
Secretary of the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as are
sequestered by the order: Provided, That the sequestration percentage
specified in the order shall be applied proportionately to each of the
Federal appropriation accounts in this Act that are not specifically
exempted from sequestration by such Act.
Sec. 118. Acceptance and Use of Gifts. (a) Approval by Mayor.--
(1) In general.--An entity of the District of Columbia
government may accept and use a gift or donation during fiscal
year 2001 if--
(A) the Mayor approves the acceptance and use of the
gift or donation (except as provided in paragraph (2));
and
(B) the entity uses the gift or donation to carry
out its authorized functions or duties.
(2) Exception for council and courts.--The Council of the
District of Columbia and the District of Columbia courts may
accept and use gifts without prior approval by the Mayor.
(b) Records and Public Inspection.--Each entity of the District of
Columbia government shall keep accurate and detailed records of the
acceptance and use of any gift or donation under subsection (a), and
shall make such records available for audit and public inspection.
(c) Independent Agencies Included.--For the purposes of this
section, the term ``entity of the District of Columbia government''
includes an independent agency of the District of Columbia.
(d) Exception for Board of Education.--This section shall not apply
to the District of Columbia Board of Education, which
[[Page 114 STAT. 2762A-24]]
may, pursuant to the laws and regulations of the District of Columbia,
accept and use gifts to the public schools without prior approval by the
Mayor.
Sec. 119. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Code, sec. 1-113(d)).
Sec. 120. (a) Modification of Contracting Requirements.--
(1) Contracts subject to notice requirements.--Section
2204(c)(1)(A) of the District of Columbia School Reform Act
(sec. 31-2853.14(c)(1)(A), D.C. Code) is amended to read as
follows:
``(A) Notice requirement for procurement
contracts.--
``(i) In general.--Except in the case of an
emergency (as determined by the eligible
chartering authority of a public charter school),
with respect to any procurement contract proposed
to be awarded by the public charter school and
having a value equal to or exceeding $25,000, the
school shall publish a notice of a request for
proposals in the District of Columbia Register and
newspapers of general circulation not less than 7
days prior to the award of the contract.
``(ii) Exception for certain contracts.--The
notice requirement of clause (i) shall not apply
with respect to any contract for the lease or
purchase of real property by a public charter
school, any employment contract for a staff member
of a public charter school, or any management
contract entered into by a public charter school
and the management company designated in its
charter or its petition for a revised charter.''.
(2) Submission of contracts to eligible chartering
authority.--Section 2204(c)(1)(B) of such Act (sec. 31-
2853.14(c)(1)(B), D.C. Code) is amended--
(A) in the heading, by striking ``authority'' and
inserting ``eligible chartering authority'';
(B) in clause (i), by striking ``Authority'' and
inserting ``eligible chartering authority''; and
(C) by amending clause (ii) to read as follows:
``(ii) Effective date of contract.--A contract
described in subparagraph (A) shall become
effective on the date that is 10 days after the
date the school makes the submission under clause
(i) with respect to the contract, or the effective
date specified in the contract, whichever is
later.''.
(b) Clarification of Application of School Reform Act.--
(1) Waiver of duplicate and conflicting provisions.--Section
2210 of such Act (sec. 31-2853.20, D.C. Code) is amended by
adding at the end the following new subsection:
``(d) Waiver of Application of Duplicate and Conflicting
Provisions.--Notwithstanding any other provision of law, and except as
otherwise provided in this title, no provision of any law regarding the
establishment, administration, or operation of public charter schools in
the District of Columbia shall apply with
[[Page 114 STAT. 2762A-25]]
respect to a public charter school or an eligible chartering authority
to the extent that the provision duplicates or is inconsistent with any
provision of this title.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
District of Columbia School Reform Act of 1995.
(c) Licensing Requirements for Preschool or Prekindergarten
Programs.--
(1) In general.--Section 2204(c) of such Act (sec. 31-
2853.14(c), D.C. Code) is amended by adding at the end the
following new paragraph:
``(18) Licensing as child development center.--A public
charter school which offers a preschool or prekindergarten
program shall be subject to the same child care licensing
requirements (if any) which apply to a District of Columbia
public school which offers such a program.''.
(2) Conforming amendments.--(A) Section 2202 of such Act
(sec. 31-2853.12, D.C. Code) is amended by striking clause (17).
(B) Section 2203(h)(2) of such Act (sec. 31-2853.13(h)(2),
D.C. Code) is amended by striking ``(17),''.
(d) Section 2403 of the District of Columbia School Reform Act of
1995 (sec. 31-2853.43, D.C. Code) is amended by adding at the end the
following new subsection:
``(c) Assignment of Payments.--A public charter school may assign
any payments made to the school under this section to a financial
institution for use as collateral to secure a loan or for the repayment
of a loan.''.
(e) Section 2210 of the District of Columbia School Reform Act of
1995 (sec. 31-2853.20, D.C. Code), as amended by subsection (b), is
further amended by adding at the end the following new subsection:
``(e) Participation in GSA Programs.--
``(1) In general.--Notwithstanding any provision of this Act
or any other provision of law, a public charter school may
acquire goods and services through the General Services
Administration and may participate in programs of the
Administration in the same manner and to the same extent as any
entity of the District of Columbia government.
``(2) Participation by certain organizations.--A public
charter school may delegate to a nonprofit, tax-exempt
organization in the District of Columbia the public charter
school's authority under paragraph (1).''.
Sec. 121. Reporting Requirements for the District of Columbia Public
Schools and the University of the District of Columbia. (a) The
Superintendent of the District of Columbia Public Schools (DCPS) and the
University of the District of Columbia (UDC) shall each submit to the
Committees on Appropriations of the House of Representatives and Senate,
the Committee on Government Reform of the House of Representatives, and
the Committee on Governmental Affairs of the Senate no later than 15
calendar days after the end of each quarter a report that sets forth--
(1) current quarter expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis of
control
[[Page 114 STAT. 2762A-26]]
center, responsibility center, and object class, and for all
funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center, responsibility center, and agency reporting
code; and contract identifying codes used by DCPS and UDC;
payments made in the last quarter and year-to-date, the total
amount of the contract and total payments made for the contract
and any modifications, extensions, renewals; and specific
modifications made to each contract in the last month;
(4) all reprogramming requests and reports that are required
to be, and have been, submitted to the Board of Education;
(5) all reprogramming requests and reports that have been
made by UDC within the last quarter in compliance with
applicable law; and
(6) changes made in the last quarter to the organizational
structure of DCPS and UDC, displaying for each entity previous
and current control centers and responsibility centers, the
names of the organizational entities that have been changed, the
name of the staff member supervising each entity affected, and
the reasons for the structural change.
(b) The Superintendent of DCPS and UDC shall annually compile an
accurate and verifiable report on the positions and employees in the
public school system and the university, respectively. The annual report
shall--
(1) set forth the number of validated schedule A positions
in the District of Columbia public schools and UDC for fiscal
year 2001, and thereafter on full-time equivalent basis,
including a compilation of all positions by control center,
responsibility center, funding source, position type, position
title, pay plan, grade, and annual salary;
(2) set forth a compilation of all employees in the District
of Columbia public schools and UDC as of the preceding December
31, verified as to its accuracy in accordance with the functions
that each employee actually performs, by control center,
responsibility center, agency reporting code, program (including
funding source), activity, location for accounting purposes, job
title, grade and classification, annual salary, and position
control number; and
(3) be submitted to the Congress, the Mayor, the District of
Columbia Council, the Consensus Commission, and the Authority,
not later than February 15 of each year.
(c) No later than November 1, 2000, or within 30 calendar days after
the date of the enactment of this Act, whichever occurs later, and each
succeeding year, the Superintendent of DCPS and UDC shall submit to the
appropriate congressional committees, the Mayor, the District of
Columbia Council, the Consensus Commission, and the District of Columbia
Financial Responsibility and Management Assistance Authority, a revised
appropriated funds operating budget for the public school system and UDC
[[Page 114 STAT. 2762A-27]]
for such fiscal year: (1) that is in the total amount of the approved
appropriation and that realigns budgeted data for personal services and
other-than-personal services, respectively, with anticipated actual
expenditures; and (2) that is in the format of the budget that the
Superintendent of DCPS and UDC submit to the Mayor of the District of
Columbia for inclusion in the Mayor's budget submission to the Council
of the District of Columbia pursuant to section 442 of the District of
Columbia Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301).
Sec. 122. (a) None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who
prevails in an action or any attorney who defends any action, including
an administrative proceeding, brought against the District of Columbia
Public Schools under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) if--
(1) the hourly rate of compensation of the attorney exceeds
250 percent of the hourly rate of compensation under section 11-
2604(a), District of Columbia Code; or
(2) the maximum amount of compensation of the attorney
exceeds 250 percent of the maximum amount of compensation under
section 11-2604(b)(1), District of Columbia Code, except that
compensation and reimbursement in excess of such maximum may be
approved for extended or complex representation in accordance
with section 11-2604(c), District of Columbia Code; and
(3) in no case may the compensation limits in paragraphs (1)
and (2) exceed $2,500.
(b) Notwithstanding the preceding subsection, if the Mayor and the
Superintendent of the District of Columbia Public Schools concur in a
Memorandum of Understanding setting forth a new rate and amount of
compensation, then such new rates shall apply in lieu of the rates set
forth in the preceding subsection to both the attorney who represents
the prevailing party and the attorney who defends the action.
Sec. 123. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 124. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried, cohabiting
couples (whether homosexual, heterosexual, or lesbian), including but
not limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples.
Sec. 125. The District of Columbia Financial Responsibility and
Management Assistance Authority, acting on behalf of the District of
Columbia Public Schools (DCPS) in formulating the DCPS budget, the Board
of Trustees of the University of the District of Columbia, the Board of
Library Trustees, and the Board of Governors of the University of the
District of Columbia School of Law shall vote on and approve the
respective annual or revised budgets for such entities before submission
to the Mayor of the District of Columbia for inclusion in the Mayor's
budget submission to the Council of the District of Columbia in
accordance with section
[[Page 114 STAT. 2762A-28]]
442 of the District of Columbia Home Rule Act (Public Law 93-198; D.C.
Code, sec. 47-301), or before submitting their respective budgets
directly to the Council.
Sec. 126. (a) Acceptance and Use of Grants Not Included in
Ceiling.--
(1) In general.--Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer, during a control year, as defined in section 305(4) of
the District of Columbia Financial Responsibility and Management
Assistance Act of 1995 (Public Law 104-8; 109 Stat. 152), may
accept, obligate, and expend Federal, private, and other grants
received by the District government that are not reflected in
the amounts appropriated in this Act.
(2) Requirement of chief financial officer report and
authority approval.--No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Authority a report setting forth
detailed information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures
consistent with the provisions of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Quarterly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of Representatives
and the Senate, not later than 15 days after the end of the
quarter covered by the report.
(b) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar days after
the end of each fiscal quarter starting October 1, 2000, the Authority
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Government Reform of
the House, and the Committee on Governmental Affairs of the Senate
providing an itemized accounting of all non-appropriated funds obligated
or expended by the Authority for the quarter. The report shall include
information on the date, amount, purpose, and vendor name, and a
description of the services or goods provided with respect to the
expenditures of such funds.
Sec. 127. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 2001 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual
[[Page 114 STAT. 2762A-29]]
budget of the District of Columbia for the year, annual estimates of the
expenditures and appropriations necessary for the maintenance and
operation of the department or agency. All such estimates shall be
forwarded by the Mayor to the Council, for its action pursuant to
sections 446 and 603(c) of the District of Columbia Home Rule Act,
without revision but subject to the Mayor's recommendations.
Notwithstanding any provision of the District of Columbia Home Rule Act
(87 Stat. 774; Public Law 93-198), the Council may comment or make
recommendations concerning such annual estimates but shall have no
authority under such Act to revise such estimates.
Sec. 128. (a) Restrictions on Use of Official Vehicles.--Except as
otherwise provided in this section, none of the funds made available by
this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this paragraph,
the term ``official duties'' does not include travel between the
officer's or employee's residence and workplace (except: (1) in the case
of an officer or employee of the Metropolitan Police Department who
resides in the District of Columbia or is otherwise designated by the
Chief of the Department; (2) at the discretion of the Fire Chief, an
officer or employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day; (3) the Mayor of the District of Columbia;
and (4) the Chairman of the Council of the District of Columbia).
(b) Inventory of Vehicles.--The Chief Financial Officer of the
District of Columbia shall submit, by November 15, 2000, an inventory,
as of September 30, 2000, of all vehicles owned, leased or operated by
the District of Columbia government. The inventory shall include, but
not be limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and maintenance costs;
current mileage; and whether the vehicle is allowed to be taken home by
a District officer or employee and if so, the officer or employee's
title and resident location.
Sec. 129. (a) Source of Payment for Employees Detailed Within
Government.--For purposes of determining the amount of funds expended by
any entity within the District of Columbia government during fiscal year
2001 and each succeeding fiscal year, any expenditures of the District
government attributable to any officer or employee of the District
government who provides services which are within the authority and
jurisdiction of the entity (including any portion of the compensation
paid to the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures made from the
entity's budget, without regard to whether the officer or employee is
assigned to the entity or otherwise treated as an officer or employee of
the entity.
(b) Modification of Reduction in Force Procedures.--Section 2408 of
the District of Columbia Government Comprehensive Merit Personnel Act of
1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code, sec. 1-625.7),
is amended as follows:
(1) Subsection (a) is amended by striking ``September 30,
2000'' and inserting ``September 30, 2000, and each subsequent
fiscal year''.
[[Page 114 STAT. 2762A-30]]
(2) Subsection (b) is amended by striking ``Prior to
February 1, 2000'' and inserting ``Prior to February 1 of each
year''.
(3) Subsection (i) is amended by striking ``March 1, 2000''
and inserting ``March 1 of each year''.
(4) Subsection (k) is amended by striking ``September 1,
2000'' and inserting ``September 1 of each year''.
(c) No officer or employee of the District of Columbia government
(including any independent agency of the District but excluding the
District of Columbia Financial Responsibility and Management Assistance
Authority, the Metropolitan Police Department, and the Office of the
Chief Technology Officer) may enter into an agreement in excess of
$2,500 for the procurement of goods or services on behalf of any entity
of the District government until the officer or employee has conducted
an analysis of how the procurement of the goods and services involved
under the applicable regulations and procedures of the District
government would differ from the procurement of the goods and services
involved under the Federal supply schedule and other applicable
regulations and procedures of the General Services Administration,
including an analysis of any differences in the costs to be incurred and
the time required to obtain the goods or services.
Sec. 130. Notwithstanding any other provision of law, not later than
120 days after the date that a District of Columbia Public Schools
(DCPS) student is referred for evaluation or assessment--
(1) the District of Columbia Board of Education, or its
successor, and DCPS shall assess or evaluate a student who may
have a disability and who may require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education services.
Sec. 131. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
[[Page 114 STAT. 2762A-31]]
(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. 132. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management Assistance Authority) for fiscal year 2001 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget document
for such year and the appropriations enacted into law for such
year.
Sec. 133. None of the funds contained in this Act may be used by the
District of Columbia Corporation Counsel or any other officer or entity
of the District government to provide assistance for any petition drive
or civil action which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
Sec. 134. None of the funds contained in this Act may be used to
transfer or confine inmates classified above the medium security level,
as defined by the Federal Bureau of Prisons classification instrument,
to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
Sec. 135. Subsection 3(e) of Public Law 104-21 (D.C. Code sec. 7-
134.2(e)) is amended to read as follows:
``(e) Inspector General Audit.--Not later than February 1, 2001, and
each February 1 thereafter, the Inspector General of the District of
Columbia shall audit the financial statements of the District of
Columbia Highway Trust Fund for the preceding fiscal year and shall
submit to Congress a report on the results of such audit. Not later than
May 31, 2001, and each May 31 thereafter, the Inspector General shall
examine the statements forecasting the conditions and operations of the
Trust Fund for the next 5 fiscal years commencing on the previous
October 1 and shall submit to Congress a report on the results of such
examination.''.
Sec. 136. No later than November 1, 2000, or within 30 calendar days
after the date of the enactment of this Act, whichever occurs later, the
Chief Financial Officer of the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the District of
Columbia Financial Responsibility and Management Assistance Authority a
revised appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (Public Law 93-198; D.C.
Code, sec. 47-301), for all agencies of the District of Columbia
government
[[Page 114 STAT. 2762A-32]]
for such fiscal year that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal-services, respectively, with anticipated actual
expenditures.
Sec. 137. (a) None of the funds contained in this Act may be used
for any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 138. (a) Restrictions on Leases.--Upon the expiration of the
60-day period that begins on the date of the enactment of this Act, none
of the funds contained in this Act may be used to make rental payments
under a lease for the use of real property by the District of Columbia
government (including any independent agency of the District) unless the
lease and an abstract of the lease have been filed (by the District of
Columbia or any other party to the lease) with the central office of the
Deputy Mayor for Economic Development, in an indexed registry available
for public inspection.
(b) Additional Restrictions on Current Leases.--
(1) In general.--Upon the expiration of the 60-day period
that begins on the date of the enactment of this Act, in the
case of a lease described in paragraph (3), none of the funds
contained in this Act may be used to make rental payments under
the lease unless the lease is included in periodic reports
submitted by the Mayor and Council of the District of Columbia
to the Committees on Appropriations of the House of
Representatives and Senate describing for each such lease the
following information:
(A) The location of the property involved, the name
of the owners of record according to the land records of
the District of Columbia, the name of the lessors
according to the lease, the rate of payment under the
lease, the period of time covered by the lease, and the
conditions under which the lease may be terminated.
(B) The extent to which the property is or is not
occupied by the District of Columbia government as of
the end of the reporting period involved.
(C) If the property is not occupied and utilized by
the District government as of the end of the reporting
period involved, a plan for occupying and utilizing the
property (including construction or renovation work) or
a status statement regarding any efforts by the District
to terminate or renegotiate the lease.
(2) Timing of reports.--The reports described in paragraph
(1) shall be submitted for each calendar quarter (beginning with
the quarter ending December 31, 2000) not later than 20 days
after the end of the quarter involved, plus an initial report
submitted not later than 60 days after the date of the enactment
of this Act, which shall provide information as of the date of
the enactment of this Act.
(3) Leases described.--A lease described in this paragraph
is a lease in effect as of the date of the enactment of this Act
for the use of real property by the District of Columbia
government (including any independent agency of the District)
[[Page 114 STAT. 2762A-33]]
which is not being occupied by the District government
(including any independent agency of the District) as of such
date or during the 60-day period which begins on the date of the
enactment of this Act.
Sec. 139. (a) Management of Existing District Government Property.--
Upon the expiration of the 60-day period that begins on the date of the
enactment of this Act, none of the funds contained in this Act may be
used to enter into a lease (or to make rental payments under such a
lease) for the use of real property by the District of Columbia
government (including any independent agency of the District) or to
purchase real property for the use of the District of Columbia
government (including any independent agency of the District) or to
manage real property for the use of the District of Columbia (including
any independent agency of the District) unless the following conditions
are met:
(1) The Mayor and Council of the District of Columbia
certify to the Committees on Appropriations of the House of
Representatives and Senate that existing real property available
to the District (whether leased or owned by the District
government) is not suitable for the purposes intended.
(2) Notwithstanding any other provisions of law, there is
made available for sale or lease all real property of the
District of Columbia that the Mayor from time-to-time determines
is surplus to the needs of the District of Columbia, unless a
majority of the members of the Council override the Mayor's
determination during the 30-day period which begins on the date
the determination is published.
(3) The Mayor and Council implement a program for the
periodic survey of all District property to determine if it is
surplus to the needs of the District.
(4) The Mayor and Council within 60 days of the date of the
enactment of this Act have filed with the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives,
and the Committee on Governmental Affairs of the Senate a report
which provides a comprehensive plan for the management of
District of Columbia real property assets, and are proceeding
with the implementation of the plan.
(b) Termination of Provisions.--If the District of Columbia enacts
legislation to reform the practices and procedures governing the
entering into of leases for the use of real property by the District of
Columbia government and the disposition of surplus real property of the
District government, the provisions of subsection (a) shall cease to be
effective upon the effective date of the legislation.
Sec. 140. None of the funds contained in this Act may be used after
the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer
of any office of the District of Columbia government (including the
District of Columbia Financial Responsibility and Management Assistance
Authority and any independent agency of the District) who has not filed
a certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this Act (and the amendments made by this Act), including any
duty to prepare a report requested either in the Act or in any of the
reports
[[Page 114 STAT. 2762A-34]]
accompanying the Act and the deadline by which each report must be
submitted, and the District's Chief Financial Officer shall provide to
the Committees on Appropriations of the Senate and the House of
Representatives by the tenth day after the end of each quarter a summary
list showing each report, the due date and the date submitted to the
Committees.
Sec. 141. The proposed budget of the government of the District of
Columbia for fiscal year 2002 that is submitted by the District to
Congress shall specify potential adjustments that might become necessary
in the event that the operational improvements savings, including
managed competition, and management reform savings achieved by the
District during the year do not meet the level of management savings
projected by the District under the proposed budget.
Sec. 142. In submitting any document showing the budget for an
office of the District of Columbia government (including an independent
agency of the District) that contains a category of activities labeled
as ``other'', ``miscellaneous'', or a similar general, nondescriptive
term, the document shall include a description of the types of
activities covered in the category and a detailed breakdown of the
amount allocated for each such activity.
Sec. 143. (a) None of the funds contained in this Act may be used to
enact or carry out any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
Sec. 144. Notwithstanding any other provision of law, the Mayor of
the District of Columbia is hereby solely authorized to allocate the
District's limitation amount of qualified zone academy bonds
(established pursuant to 26 U.S.C. 1397E) among qualified zone academies
within the District.
Sec. 145. (a) Section 11232 of the Balanced Budget Act of 1997 (sec.
24-1232, D.C. Code) is amended--
(1) by redesignating subsections (f ) through (i) as
subsections (g) through ( j); and
(2) by inserting after subsection (e) the following new
subsection:
``(f ) Treatment as Federal Employees.--
``(1) In general.--The Trustee and employees of the Trustee
who are not covered under subsection (e) shall be treated as
employees of the Federal Government solely for purposes of the
following provisions of title 5, United States Code:
``(A) Chapter 83 (relating to retirement).
``(B) Chapter 84 (relating to the Federal Employees'
Retirement System).
``(C) Chapter 87 (relating to life insurance).
``(D) Chapter 89 (relating to health insurance).
``(2) Effective dates of coverage.--The effective dates of
coverage of the provisions of paragraph (1) are as follows:
``(A) In the case of the Trustee and employees of
the Office of the Trustee and the Office of Adult
Probation,
[[Page 114 STAT. 2762A-35]]
August 5, 1997, or the date of appointment, whichever is
later.
``(B) In the case of employees of the Office of
Parole, October 11, 1998, or the date of appointment,
whichever is later.
``(C) In the case of employees of the Pretrial
Services Agency, January 3, 1999, or the date of
appointment, whichever is later.
``(3) Rate of contributions.--The Trustee shall make
contributions under the provisions referred to in paragraph (1)
at the same rates applicable to agencies of the Federal
Government.
``(4) Regulations.--The Office of Personnel Management shall
issue such regulations as are necessary to carry out this
subsection.''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of title XI of the Balanced Budget Act of
1997.
Sec. 146. It is the sense of the Congress that the District of
Columbia Financial Responsibility and Management Assistance Authority
should quickly complete the sale of the Franklin School property, a
property which has been vacant for over 20 years.
Sec. 147. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 148. (a) Chapter 23 of title 11, District of Columbia, is
hereby repealed.
(b) The table of chapters for title 11, District of Columbia, is
amended by striking the item relating to chapter 23.
(c) The amendments made by this section shall take effect on the
date on which legislation enacted by the Council of the District of
Columbia to establish the Office of the Chief Medical Examiner in the
executive branch of the government of the District of Columbia takes
effect.
prompt payment of appointed counsel
Sec. 149. (a) Assessment of Interest for Delayed Payments.--If the
Superior Court of the District of Columbia or the District of Columbia
Court of Appeals does not make a payment described in subsection (b)
prior to the expiration of the 45-day period which begins on the date
the Court receives a completed voucher for a claim for the payment,
interest shall be assessed against the amount of the payment which would
otherwise be made to take into account the period which begins on the
day after the expiration of such 45-day period and which ends on the day
the Court makes the payment.
(b) Payments Described.--A payment described in this subsection is--
(1) a payment authorized under section 11-2604 and section
11-2605, D.C. Code (relating to representation provided under
the District of Columbia Criminal Justice Act);
(2) a payment for counsel appointed in proceedings in the
Family Division of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Code; or
[[Page 114 STAT. 2762A-36]]
(3) a payment for counsel authorized under section 21-2060,
D.C. Code (relating to representation provided under the
District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986).
(c) Standards for Submission of Completed Vouchers.--The chief
judges of the Superior Court of the District of Columbia and the
District of Columbia Court of Appeals shall establish standards and
criteria for determining whether vouchers submitted for claims for
payments described in subsection (b) are complete, and shall publish and
make such standards and criteria available to attorneys who practice
before such Courts.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the assessment of interest against any claim (or
portion of any claim) which is denied by the Court involved.
(e) Effective Date.--This section shall apply with respect to claims
received by the Superior Court of the District of Columbia or the
District of Columbia Court of Appeals after the expiration of the 90-day
period which begins on the date of the enactment of this Act.
Sec. 150. (a) Effective 120 days after the date of the enactment of
this Act, it shall be unlawful for any person to distribute any needle
or syringe for the hypodermic injection of any illegal drug in any area
of the District of Columbia which is within 1,000 feet of a public or
private elementary or secondary school (including a public charter
school). It is stipulated that based on a survey by the Metropolitan
Police Department of the District of Columbia that sites at 4th Street
Northeast and Rhode Island Avenue Northeast, Southern Avenue Southeast
and Central Avenue Southeast, 1st Street Southeast and M Street
Southeast, 21st Street Northeast and H Street Northeast, Minnesota
Avenue Northeast and Clay Place Northeast, and 15th Street Southeast and
Ives Street Southeast are outside the 1,000-foot perimeter. Sites at
North Capitol Street and New York Avenue Northeast, Division Avenue
Northeast and Foote Street Northeast, Georgia Avenue Northwest and New
Hampshire Avenue Northwest, and 15th Street Northeast and A Street
Northeast are found to be within the 1,000-foot perimeter.
(b) The Public Housing Police of the District of Columbia Housing
Authority shall prepare a monthly report on activity involving illegal
drugs at or near any public housing site where a needle exchange program
is conducted, and shall submit such reports to the Executive Director of
the District of Columbia Housing Authority, who shall submit them to the
Committees on Appropriations of the House of Representatives and Senate.
The Executive Director shall ascertain any concerns of the residents of
any public housing site about any needle exchange program conducted on
or near the site, and this information shall be included in these
reports. The District of Columbia Government shall take appropriate
action to require relocation of any such program if so recommended by
the police or by a significant number of residents of such site.
federal contribution for enforcement of law banning possession of
tobacco products by minors
Sec. 151. (a) Contribution.--There is hereby appropriated a Federal
contribution of $100,000 to the Metropolitan Police Department of the
District of Columbia, effective upon the enactment by the District of
Columbia of a law which reads as follows:
[[Page 114 STAT. 2762A-37]]
``SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS.
``(a) In General.--It shall be unlawful for any individual under 18
years of age to possess any cigarette or other tobacco product in the
District of Columbia.
``(b) Exceptions.--
``(1) Possession in course of employment.--Subsection (a)
shall not apply with respect to an individual making a delivery
of cigarettes or tobacco products in pursuance of employment.
``(2) Participation in law enforcement operation.--
Subsection (a) shall not apply with respect to an individual
possessing products in the course of a valid, supervised law
enforcement operation.
``(c) Penalties.--Any individual who violates subsection (a) shall
be subject to the following penalties:
``(1) For any violation, the individual may be required to
perform community service or attend a tobacco cessation program.
``(2) Upon the first violation, the individual shall be
subject to a civil penalty not to exceed $50.
``(3) Upon the second and each subsequent violation, the
individual shall be subject to a civil penalty not to exceed
$100.
``(4) Upon the third and each subsequent violation, the
individual may have his or her driving privileges in the
District of Columbia suspended for a period of 90 consecutive
days.''.
(b) Use of Contribution.--The Metropolitan Police Department shall
use the contribution made under subsection (a) to enforce the law
referred to in such subsection.
Sec. 152. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
Sec. 153. (a) Nothing in the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be construed to
prohibit the Administrator of the Environmental Protection Agency from
negotiating and entering into cooperative agreements and grants
authorized by law which affect real property of the Federal Government
in the District of Columbia if the principal purpose of the cooperative
agreement or grant is to provide comparable benefits for Federal and
non-Federal properties in the District of Columbia.
(b) Subsection (a) shall apply with respect to fiscal year 2001 and
each succeeding fiscal year.
Sec. 154. (a) In General.--The District of Columbia Home Rule Act,
as amended by section 159(a) of this Act, is further amended by
inserting after section 450A the following new section:
``comprehensive financial management policy
``Sec. 450B. (a) Comprehensive Financial Management Policy.--The
District of Columbia shall conduct its financial management in
accordance with a comprehensive financial management policy.
``(b) Contents of Policy.--The comprehensive financial management
policy shall include, but not be limited to, the following:
[[Page 114 STAT. 2762A-38]]
``(1) A cash management policy.
``(2) A debt management policy.
``(3) A financial asset management policy.
``(4) An emergency reserve management policy in accordance
with section 450A(a).
``(5) A contingency reserve management policy in accordance
with section 450A(b).
``(6) A policy for determining real property tax exemptions
for the District of Columbia.
``(c) Annual Review.--The comprehensive financial management policy
shall be reviewed at the end of each fiscal year by the Chief Financial
Officer who shall--
``(1) not later than July 1 of each year, submit any
proposed changes in the policy to the Mayor and (in the case of
a fiscal year which is a control year, as defined in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995) the District of Columbia
Financial Responsibility and Management Assistance Authority
(Authority) for review;
``(2) not later than August 1 of each year, after
consideration of any comments received under paragraph (1),
submit the changes to the Council of the District of Columbia
(Council) for approval; and
``(3) not later than September 1 of each year, notify the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Government Reform of the House
of Representatives, and the Committee on Governmental Affairs of
the Senate of any changes enacted by the Council.
``(d) Procedure for Development of First Comprehensive Financial
Management Policy.--
``(1) Chief Financial Officer.--Not later than April 1,
2001, the Chief Financial Officer shall submit to the Mayor an
initial proposed comprehensive financial management policy for
the District of Columbia pursuant to this section.
``(2) Council.--Following review and comment by the Mayor,
not later than May 1, 2001, the Chief Financial Officer shall
submit the proposed financial management policy to the Council
for its prompt review and adoption.
``(3) Authority.--Upon adoption of the financial management
policy under paragraph (2), the Council shall immediately submit
the policy to the Authority for a review of not to exceed 30
days.
``(4) Congress.--Following review of the financial
management policy by the Authority under paragraph (3), the
Authority shall submit the policy to the Committees on
Appropriations of the Senate and House of Representatives, the
Committee on Government Reform of the House of Representatives,
and the Committee on Governmental Affairs of the Senate for
review, and the policy shall take effect 30 days after the date
the policy is submitted under this paragraph.''.
(b) Clerical Amendment.--The table of contents for the District of
Columbia Home Rule Act is amended by inserting after the item relating
to section 450A the following new item:
``Sec. 450B. Comprehensive financial management policy.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
[[Page 114 STAT. 2762A-39]]
appointment and duties of chief financial officer
Sec. 155. (a) Appointment and Dismissal.--Section 424(b) of the
District of Columbia Home Rule Act (sec. 47-317.2, D.C. Code) is
amended--
(1) in paragraph (1)(B), by adding at the end the following:
``Upon confirmation by the Council, the name of the Chief
Financial Officer shall be submitted to the Committees on
Appropriations of the Senate and House of Representatives, the
Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform of the House of Representatives
for a 30-day period of review and comment before the appointment
takes effect.''; and
(2) in paragraph (2)(B), by striking the period at the end
and inserting the following: ``upon dismissal by the Mayor and
approval of that dismissal by a \2/3\ vote of the Council. Upon
approval of the dismissal by the Council, notice of the
dismissal shall be submitted to the Committees on Appropriations
of the Senate and House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives for a 30-day
period of review and comment before the dismissal takes
effect.''.
(b) Functions.--
(1) In general.--Section 424(c) of such Act (sec. 47-317.3,
D.C. Code) is amended--
(A) in the heading, by striking ``During a Control
Year'';
(B) in the matter preceding paragraph (1), by
striking ``During a control year, the Chief Financial
Officer'' and inserting ``The Chief Financial Officer'';
(C) in paragraph (1), by striking ``Preparing'' and
inserting ``During a control year, preparing'';
(D) in paragraph (3), by striking ``Assuring'' and
inserting ``During a control year, assuring'';
(E) in paragraph (5), by striking ``With the
approval'' and all that follows through ``the Council--
'' and inserting ``Preparing and submitting to the Mayor
and the
Council, with the approval of the Authority during a
control year--'';
(F) in paragraph (11), by striking ``or the
Authority'' and inserting ``(or by the Authority during
a control year)''; and
(G) by adding at the end the following new
paragraphs:
``(18) Exercising responsibility for the administration and
supervision of the District of Columbia Treasurer (except that
the Chief Financial Officer may delegate any portion of such
responsibility as the Chief Financial Officer considers
appropriate and consistent with efficiency).
``(19) Administering all borrowing programs of the District
government for the issuance of long-term and short-term
indebtedness.
``(20) Administering the cash management program of the
District government, including the investment of surplus funds
in governmental and non-governmental interest-bearing securities
and accounts.
[[Page 114 STAT. 2762A-40]]
``(21) Administering the centralized District government
payroll and retirement systems.
``(22) Governing the accounting policies and systems
applicable to the District government.
``(23) Preparing appropriate annual, quarterly, and monthly
financial reports of the accounting and financial operations of
the District government.
``(24) Not later than 120 days after the end of each fiscal
year, preparing the complete financial statement and report on
the activities of the District government for such fiscal year,
for the use of the Mayor under section 448(a)(4).''.
(2) Conforming amendments.--Section 424 of such Act (sec.
47-317.1 et seq., D.C. Code) is amended--
(A) by striking subsection (d);
(B) in subsection (e)(2), by striking ``or
subsection (d)''; and
(C) by redesignating subsections (e) and (f ) as
subsections (d) and (e), respectively.
Sec. 156. (a) Notwithstanding the provisions of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law
2-139; D.C. Code 1-601.1 et seq.), or any other District of Columbia
law, statute, regulation, the provisions of the District of Columbia
Personnel Manual, or the provisions of any collective bargaining
agreement, employees of the District of Columbia government will only
receive compensation for overtime work in excess of 40 hours per week
(or other applicable tour of duty) of work actually performed, in
accordance with the provisions of the Fair Labor Standards Act, 29
U.S.C. Sec. 201 et seq.
(b) Subsection (a) of this section shall be effective December 27,
1996. The Resolution and Order of the District of Columbia Financial
Responsibility and Management Assistance Authority, dated December 27,
1996, is hereby ratified and approved and shall be given full force and
effect.
Sec. 157. (a) In General.--Notwithstanding section 503 of Public Law
100-71 and as provided in subsection (b), the Court Services and
Offender Supervision Agency for the District of Columbia (in this
section referred to as the ``agency'') may implement and administer the
Drug Free Workplace Program of the agency, dated July 28, 2000, for
employment applicants of the agency.
(b) Effective Period.--The waiver provided by subsection (a) shall--
(1) take effect on enactment; and
(2) terminate on the date the Department of Health and Human
Services approves the drug program of the agency pursuant to
section 503 of Public Law 100-71 or 12 months after the date
referred to in paragraph (1), whichever is later.
Sec. 158. Commencing October 1, 2000, the Mayor of the District of
Columbia shall submit to the Senate and House Committees on
Appropriations, the Senate Governmental Affairs Committee, and the House
Government Reform Committee quarterly reports addressing the following
issues: (1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local beats, and
the closing down of open-air drug markets; (2) access to drug abuse
treatment, including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the effectiveness of
treatment programs; (3) management of parolees and pre-trial violent
offenders, including
[[Page 114 STAT. 2762A-41]]
the number of halfway house escapes and steps taken to improve
monitoring and supervision of halfway house residents to reduce the
number of escapes to be provided in consultation with the Court Services
and Offender Supervision Agency; (4) education, including access to
special education services and student achievement to be provided in
consultation with the District of Columbia Public Schools; (5)
improvement in basic District services, including rat control and
abatement; (6) application for and management of Federal grants,
including the number and type of grants for which the District was
eligible but failed to apply and the number and type of grants awarded
to the District but which the District failed to spend the amounts
received; and (7) indicators of child well-being.
reserve funds
Sec. 159. (a) Establishment of Reserve Funds.--
(1) In general.--The District of Columbia Home Rule Act is
amended by inserting after section 450 the following new
section:
``reserve funds
``Sec. 450A. (a) Emergency Reserve Fund.--
``(1) In general.--There is established an emergency cash
reserve fund (in this subsection referred to as the `emergency
reserve fund') as an interest-bearing account (separate from
other accounts in the General Fund) into which the Mayor shall
deposit in cash not later than February 15 of each fiscal year
(or not later than October 1, 2000, in the case of fiscal year
2001) such amount as may be required to maintain a balance in
the fund of at least 4 percent of the total budget appropriated
for operating expenditures for such fiscal year which is derived
from local funds (or, in the case of fiscal years prior to
fiscal year 2004, such amount as may be required to maintain a
balance in the fund of at least the minimum emergency reserve
balance for such fiscal year, as determined under paragraph
(2)).
``(2) Determination of minimum emergency reserve balance.--
``(A) In general.--The `minimum emergency reserve
balance' with respect to a fiscal year is the amount
equal to the applicable percentage of the total budget
appropriated for operating expenditures for such fiscal
year which is derived from local funds.
``(B) Applicable percentage defined.--In
subparagraph (A), the `applicable percentage' with
respect to a fiscal year means the following:
``(i) For fiscal year 2001, 1 percent.
``(ii) For fiscal year 2002, 2 percent.
``(iii) For fiscal year 2003, 3 percent.
``(3) Interest.--Interest earned on the emergency reserve
fund shall remain in the account and shall only be withdrawn in
accordance with paragraph (4).
``(4) Criteria for use of amounts in emergency reserve
fund.--The Chief Financial Officer, in consultation with the
Mayor, shall develop a policy to govern the emergency reserve
[[Page 114 STAT. 2762A-42]]
fund which shall include (but which may not be limited to) the
following requirements:
``(A) The emergency reserve fund may be used to
provide for unanticipated and nonrecurring extraordinary
needs of an emergency nature, including a natural
disaster or calamity as defined by section 102 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 100-707) or unexpected
obligations by Federal law.
``(B) The emergency reserve fund may also be used in
the event of a State of Emergency as declared by the
Mayor pursuant to section 5 of the District of Columbia
Public Emergency Act of 1980 (sec. 6-1504, D.C. Code).
``(C) The emergency reserve fund may not be used to
fund--
``(i) any department, agency, or office of the
Government of the District of Columbia which is
administered by a receiver or other official
appointed by a court;
``(ii) shortfalls in any projected reductions
which are included in the budget proposed by the
District of Columbia for the fiscal year; or
``(iii) settlements and judgments made by or
against the Government of the District of
Columbia.
``(5) Allocation of emergency cash reserve funds.--Funds may
be allocated from the emergency reserve fund only after--
``(A) an analysis has been prepared by the Chief
Financial Officer of the availability of other sources
of funding to carry out the purposes of the allocation
and the impact of such allocation on the balance and
integrity of the emergency reserve fund; and
``(B) with respect to fiscal years beginning with
fiscal year 2005, the contingency reserve fund
established by subsection (b) has been projected by the
Chief Financial Officer to be exhausted at the time of
the allocation.
``(6) Notice.--The Mayor, the Council, and (in the case of a
fiscal year which is a control year, as defined in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995) the District of Columbia
Financial Responsibility and Management Assistance Authority
shall notify the Committees on Appropriations of the Senate and
House of Representatives in writing not more than 30 days after
the expenditure of funds from the emergency reserve fund.
``(7) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the emergency
reserve fund during the preceding fiscal year by the following
fiscal year. Once the emergency reserve equals 4 percent of
total budget appropriated from local funds for operating
expenditures for the fiscal year, the District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the emergency
reserve fund during the preceding year to maintain a balance of
at least 4 percent of total funds appropriated from local funds
for operating expenditures by the following fiscal year.
[[Page 114 STAT. 2762A-43]]
``(b) Contingency Reserve Fund.--
``(1) In general.--There is established a contingency cash
reserve fund (in this subsection referred to as the `contingency
reserve fund') as an interest-bearing account (separate from
other accounts in the General Fund) into which the Mayor shall
deposit in cash not later than October 1 of each fiscal year
(beginning with fiscal year 2005) such amount as may be required
to maintain a balance in the fund of at least 3 percent of the
total budget appropriated for operating expenditures for such
fiscal year which is derived from local funds (or, in the case
of fiscal years prior to fiscal year 2007, such amount as may be
required to maintain a balance in the fund of at least the
minimum contingency reserve balance for such fiscal year, as
determined under paragraph (2)).
``(2) Determination of minimum contingency reserve
balance.--
``(A) In general.--The `minimum contingency reserve
balance' with respect to a fiscal year is the amount
equal to the applicable percentage of the total budget
appropriated from local funds for operating expenditures
for such fiscal year which is derived from local funds.
``(B) Applicable percentage defined.--In
subparagraph (A), the `applicable percentage' with
respect to a fiscal year means the following:
``(i) For fiscal year 2005, 1 percent.
``(ii) For fiscal year 2006, 2 percent.
``(3) Interest.--Interest earned on the contingency reserve
fund shall remain in the account and may only be withdrawn in
accordance with paragraph (4).
``(4) Criteria for use of amounts in contingency reserve
fund.--The Chief Financial Officer, in consultation with the
Mayor, shall develop a policy governing the use of the
contingency reserve fund which shall include (but which may not
be limited to) the following requirements:
``(A) The contingency reserve fund may only be used
to provide for nonrecurring or unforeseen needs that
arise during the fiscal year, including expenses
associated with unforeseen weather or other natural
disasters, unexpected obligations created by Federal law
or new public safety or health needs or requirements
that have been identified after the budget process has
occurred, or opportunities to achieve cost savings.
``(B) The contingency reserve fund may be used, if
needed, to cover revenue shortfalls experienced by the
District government for 3 consecutive months (based on a
2 month rolling average) that are 5 percent or more
below the budget forecast.
``(C) The contingency reserve fund may not be used
to fund any shortfalls in any projected reductions which
are included in the budget proposed by the District of
Columbia for the fiscal year.
``(5) Allocation of contingency cash reserve.--Funds may be
allocated from the contingency reserve fund only after an
analysis has been prepared by the Chief Financial Officer of the
availability of other sources of funding to carry out the
purposes of the allocation and the impact of such allocation on
the balance and integrity of the contingency reserve fund.
[[Page 114 STAT. 2762A-44]]
``(6) Replenishment.--The District of Columbia shall
appropriate sufficient funds each fiscal year in the budget
process to replenish any amounts allocated from the contingency
reserve fund during the preceding fiscal year by the following
fiscal year. Once the contingency reserve equals 3 percent of
total funds appropriated from local funds for operating
expenditures, the District of Columbia shall appropriate
sufficient funds each fiscal year in the budget process to
replenish any amounts allocated from the contingency reserve
fund during the preceding year to maintain a balance of at least
3 percent of total funds appropriated from local funds for
operating expenditures by the following fiscal year.
``(c) Quarterly Reports.--The Chief Financial Officer shall submit a
quarterly report to the Mayor, the Council, the District of Columbia
Financial Responsibility and Management Assistance Authority (in the
case of a fiscal year which is a control year, as defined in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995), and the Committees on Appropriations
of the Senate and House of Representatives that includes a monthly
statement on the balance and activities of the contingency and emergency
reserve funds.''.
(2) Clerical amendment.--The table of contents for the
District of Columbia Home Rule Act is amended by inserting after
the item relating to section 450 the following new item:
``Sec. 450A. Reserve funds.''.
(b) Conforming Amendments.--
(1) Current reserve fund.--Section 202( j) of the District
of Columbia Financial Responsibility and Management Assistance
Act of 1995 (sec. 47-392.2( j), D.C. Code) is amended--
(A) in paragraph (1), by striking ``Beginning with
fiscal year 2000, the plan or budget submitted pursuant
to this Act'' and inserting ``For each of the fiscal
years 2000 through 2004, the budget of the District
government for the fiscal year''; and
(B) by adding at the end the following new
paragraph:
``(4) Replenishment.--Any amount of the reserve funds which
is expended in one fiscal year shall be replenished in the
reserve funds from the following fiscal year appropriations to
maintain the $150,000,000 balance.''.
(2) Positive fund balance.--Section 202(k) of such Act (sec.
47-392.2(k), D.C. Code) is repealed.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2000.
treatment of revenue bonds secured by tobacco settlement payments
Sec. 160. (a) Permitting Council to Delegate Authority To Issue
Bonds.--
(1) In general.--Section 490 of the District of Columbia
Home Rule Act (sec. 47-334, D.C. Code) is amended--
(A) by redesignating subsections (i) through (m) as
subsections ( j) through (n), respectively; and
(B) by inserting after subsection (h) the following
new subsection:
[[Page 114 STAT. 2762A-45]]
``(i)(1) The Council may delegate to the District of Columbia
Tobacco Settlement Financing Corporation (hereafter in this subsection
referred to as the ``Corporation'') established pursuant to the Tobacco
Settlement Financing Act of 2000 the authority of the Council under
subsection (a) to issue revenue bonds, notes, and other obligations
which are used to borrow money to finance or assist in the financing or
refinancing of capital projects and other undertakings of the District
of Columbia and which are payable solely from and secured by payments
under the Master Tobacco Settlement Agreement. The Corporation may
exercise authority delegated to it by the Council as described in the
first sentence of this paragraph (whether such delegation is made before
or after the date of the enactment of this subsection) only in
accordance with this subsection and the provisions of the Tobacco
Settlement Financing Act of 2000.
``(2) Revenue bonds, notes, and other obligations issued by the
Corporation under a delegation of authority described in paragraph (1)
shall be issued by resolution of the Corporation, and any such
resolution shall not be considered to be an act of the Council.
``(3) The fourth sentence of section 446 shall not apply to--
``(A) any amount (including the amount of any accrued
interest or premium) obligated or expended from the proceeds of
the sale of any revenue bond, note, or other obligation issued
pursuant to this subsection;
``(B) any amount obligated or expended for the payment of
the principal of, interest on, or any premium for any revenue
bond, note, or other obligation issued pursuant to this
subsection;
``(C) any amount obligated or expended to secure any revenue
bond, note, or other obligation issued pursuant to this
subsection; or
``(D) any amount obligated or expended for repair,
maintenance, and capital improvements to facilities financed
pursuant to this subsection.
``(4) In this subsection, the term `Master Tobacco Settlement
Agreement' means the settlement agreement (and related documents), as
may be amended from time to time, entered into on November 23, 1998, by
the District of Columbia and leading United States tobacco product
manufacturers.''.
(2) Conforming amendment.--The fourth sentence of section
446 of such Act (sec. 47-304, D.C. Code) is amended by striking
``and (h)(3)'' and inserting ``(h)(3), and (i)(3)''.
(b) Waiver of Congressional Review Period for Tobacco Settlement
Financing Act.--Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act (sec. 1-233(c)(1), D.C. Code), the Tobacco
Settlement Financing Act of 2000 (title XXXVII of D.C. Act 13-375, as
amended by section 8(e) of D.C. Act 13-387) shall take effect on the
date of the enactment of such Act or the date of the enactment of this
Act, whichever is later.
Sec. 161. Section 603(e) of the Student Loan Marketing Association
Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 3009-293), as
amended by section 153 of the District of Columbia Appropriations Act,
2000, is amended--
(1) by amending the second sentence of paragraph (2)(B) to
read as follows: ``Of such amounts and proceeds, $5,000,000
shall be set aside for a credit enhancement fund for public
[[Page 114 STAT. 2762A-46]]
charter schools in the District of Columbia, to be administered
and disbursed in accordance with paragraph (3).''; and
(2) by adding at the end the following new paragraph:
``(3) Credit enhancement fund for public charter schools.--
``(A) Distribution of amounts.--Of the amounts in
the credit enhancement fund established under paragraph
(2)(B)--
``(i) 50 percent shall be used to make grants
under subparagraph (B); and
``(ii) 50 percent shall be used to make grants
under subparagraph (C).
``(B) Grants to eligible nonprofit corporations.--
``(i) In general.--Using the amounts described
in subparagraph (A)(i), not later than 1 year
after the date of the enactment of the District of
Columbia Appropriations Act, 2001, the Mayor of
the District of Columbia shall make and disburse
grants to eligible nonprofit corporations to carry
out the purposes described in subparagraph (E).
``(ii) Administration.--The Mayor shall
administer the program of grants under this
subparagraph, except that if the committee
described in subparagraph (C)(iii) is in operation
and is fully functional prior to the date the
Mayor makes the grants, the Mayor may delegate the
administration of the program to the committee.
``(C) Other grants.--
``(i) In general.--Using the amounts described
in subparagraph (A)(ii), the Mayor of the District
of Columbia shall make grants to entities to carry
out the purposes described in subparagraph (E).
``(ii) Participation of schools.--A public
charter school in the District of Columbia may
receive a grant under this subparagraph to carry
out the purposes described in subparagraph (E) in
the same manner as other entities receiving grants
to carry out such activities.
``(iii) Administration through committee.--The
Mayor shall carry out this subparagraph through
the committee appointed by the Mayor under the
second sentence of paragraph (2)(B) (as in effect
prior to the enactment of the District of Columbia
Appropriations Act, 2001). The committee may enter
into an agreement with a third party to carry out
its responsibilities under this subparagraph.
``(iv) Cap on administrative costs.--Not more
than 10 percent of the funds available for grants
under this subparagraph may be used to cover the
administrative costs of making grants under this
subparagraph.
``(D) Special rule regarding eligibility of
nonprofit corporations.--In order to be eligible to
receive a grant under this paragraph, a nonprofit
corporation must provide appropriate certification to
the Mayor or to the committee described in subparagraph
(C)(iii) (as the case may be) that it is duly authorized
by two or more public
[[Page 114 STAT. 2762A-47]]
charter schools in the District of Columbia to act on
their behalf in obtaining financing (or in assisting
them in obtaining financing) to cover the costs of
activities described in subparagraph (E)(i).
``(E) Purposes of grants.--
``(i) In general.--The recipient of a grant
under this paragraph shall use the funds provided
under the grant to carry out activities to assist
public charter schools in the District of Columbia
in--
``(I) obtaining financing to acquire
interests in real property (including by
purchase, lease, or donation), including
financing to cover planning,
development, and other incidental costs;
``(II) obtaining financing for
construction of facilities or the
renovation, repair, or alteration of
existing property or facilities
(including the purchase or replacement
of fixtures and equipment), including
financing to cover planning,
development, and other incidental costs;
and
``(III) enhancing the availability
of loans (including mortgages) and
bonds.
``(ii) No direct funding for schools.--Funds
provided under a grant under this subparagraph may
not be used by a recipient to make direct loans or
grants to public charter schools.''.
Sec. 162. (a) Exclusive Authority of Mayor.--Notwithstanding section
451 of the District of Columbia Home Rule Act or any other provision of
District of Columbia or Federal law to the contrary, the Mayor of the
District of Columbia shall have the exclusive authority to approve and
execute leases of the Washington Marina and the Washington municipal
fish wharf with the existing lessees thereof for an initial term of 30
years, together with such other terms and conditions (including renewal
options) as the Mayor deems appropriate.
(b) Definitions.--In this section--
(1) the term ``Washington Marina'' means the portions of
Federal property in the Southwest quadrant of the District of
Columbia within Lot 848 in Square 473, the unassessed Federal
real property adjacent to Lot 848 in Square 473, and riparian
rights appurtenant thereto; and
(2) the term ``Washington municipal fish wharf'' means the
water frontage on the Potomac River lying south of Water Street
between 11th and 12th Streets, including the buildings and
wharves thereon.
Sec. 163. Section 11201(g)(4)(A) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (D.C. Code,
sec. 24-1201(g)(4)(A)) is amended--
(1) by redesignating clauses (vi) through (ix) as clauses
(vii) through (x), respectively; and
(2) by inserting after clause (v) the following:
``(vi) immediately upon completing the
remediation required under clause (ii) (but in no
event later than June 1, 2003), transfer any
property located south of Silverbrooke Road which
is identified for use for educational purposes in
the Fairfax County reuse plan to the County,
without consideration, subject to the
[[Page 114 STAT. 2762A-48]]
condition that the County use the property only
for educational purposes;''.
Sec. 164. (a) Section 208(a) of the District of Columbia Procurement
Practices Act of 1985 (sec. 1-1182.8(a), D.C. Code) is amended--
(1) in paragraph (4)(A), by striking ``the same auditor)''
and inserting ``the same auditor, except as may be provided in
paragraph (5)); and
(2) by adding at the end the following new paragraph:
``(5) Notwithstanding paragraph (4)(A), an auditor who is a
subcontractor to the auditor who audited the financial statement and
report described in paragraph (3)(H) for a fiscal year may audit the
financial statement and report for any succeeding fiscal year (as either
the prime auditor or as a subcontractor to another auditor) if--
``(A) such subcontractor is not a signatory to the statement
and report for the previous fiscal year;
``(B) the prime auditor reviewed and approved the work of
the subcontractor on the statement and report for the previous
fiscal year; and
``(C) the subcontractor is not an employee of the prime
contractor or of an entity owned, managed, or controlled by the
prime contractor.''.
(b) The amendment made by subsection (a) shall apply with respect to
financial statements and reports for activities of the District of
Columbia Government for fiscal years beginning with fiscal year 2001.
Sec. 165. Section 11201(g) of the National Capital Revitalization
and Self-Government Improvement Act of 1997 (D.C. Code, sec. 24-1201(g))
is amended by adding at the end the following new paragraph:
``(6) Meadowood farm land exchange.--
``(A) In general.--If, not later than January 15,
2001, Fairfax County, Virginia, agrees to convey fee
simple title to the property on Mason Neck in excess of
800 acres depicted on the map dated June 2000, on file
in the Office of the Director of the Bureau of Land
Management, Eastern States (hereafter in this paragraph
referred to as `Meadowood Farm') to the Secretary of the
Interior, then the Administrator of General Services
shall agree to convey to Fairfax County, Virginia, fee
simple title to the property located at the Lorton
Correctional Complex north of Silverbrook Road, and
consisting of more than 200 acres identified in the
Fairfax County Reuse Plan, dated July 26, 1999, as land
available for residential development in Land Units 1
and 2 (hereafter in this paragraph referred to as the
`Laurel Hill Residential Land'), the actual exchange to
occur no later than December 31, 2001.
``(B) Terms and conditions.--(i) When Fairfax County
transfers fee simple title to Meadowood Farm to the
Secretary of the Interior, the Administrator of General
Services shall simultaneously transfer to the County the
Laurel Hill Residential Land.
``(ii) The transfer of property to Fairfax County,
Virginia, under clause (i) shall be subject to such
terms and conditions that the Administrator of General
Services
[[Page 114 STAT. 2762A-49]]
considers to be appropriate to protect the interests of
the United States.
``(iii) Any proceeds derived from the sale of the
Laurel Hill Residential Land by Fairfax County that
exceed the County's cost of acquiring, financing (which
shall be deemed a County cost from the time of financing
of the Meadowood Farm acquisition to the receipt of
proceeds of the sale or sales of the Laurel Hill
Residential Land until such time as the proceeds of such
sale or sales exceed the acquisition and financing costs
of Meadowood Farm to the County), preparing, and
conveying Meadowood Farm and costs incurred for
improving, preparing, and conveying the Laurel Hill
Residential Land shall be remitted to the United States
and deposited into the special fund established pursuant
to paragraph (4)(A)(viii).
``(C) Management of property.--The property
transferred to the Secretary of the Interior under this
section shall be managed by the Bureau of Land
Management for public use and recreation purposes.''.
Sec. 166. Section 158(b) of the District of Columbia Appropriations
Act, 2000 (Public Law 106-113; 113 Stat. 1527) is amended to read as
follows:
``(b) Source of Funds; Transfer.--An amount not to exceed $5,000,000
from the National Highway System funds apportioned to the District of
Columbia under section 104 of title 23, United States Code, may be used
for purposes of carrying out the project under subsection (a).''.
This Act may be cited as the ``District of Columbia Appropriations
Act, 2001''.
[[Page 114 STAT. 2762A-51]]
APPENDIX B--H.R. 5548
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2001, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $88,713,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $8,136,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 2000: Provided further, That not to exceed 41 permanent
positions and 48 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
[[Page 114 STAT. 2762A-52]]
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.
[[Page 114 STAT. 2762A-53]]
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
[[Page 114 STAT. 2762A-54]]
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.
[[Page 114 STAT. 2762A-55]]
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,
[[Page 114 STAT. 2762A-56]]
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.
[[Page 114 STAT. 2762A-57]]
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
[[Page 114 STAT. 2762A-58]]
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
[[Page 114 STAT. 2762A-59]]
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
[[Page 114 STAT. 2762A-60]]
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
[[Page 114 STAT. 2762A-61]]
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
[[Page 114 STAT. 2762A-62]]
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;
[[Page 114 STAT. 2762A-63]]
(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
[[Page 114 STAT. 2762A-64]]
(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
[[Page 114 STAT. 2762A-65]]
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
[[Page 114 STAT. 2762A-66]]
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.
[[Page 114 STAT. 2762A-67]]
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Hereafter, authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980 (Public Law
96-132; 93 Stat. 1040 (1979)), as amended, shall remain in effect until
the effective date of a subsequent Department of Justice Appropriation
Authorization Act.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to
establish and publicize a program under which publicly advertised,
extraordinary rewards may be paid, which shall not be subject to
spending limitations contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000 or more, up to
a maximum of $2,000,000, may not be made without the personal approval
of the President or the Attorney General and such approval may not be
delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Section 108(a) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 2000
(as enacted into law by section 1000(a)(1) of Public Law 106-113) shall
apply for fiscal year 2001 and thereafter.
Sec. 109. Section 3024 of the Emergency Supplemental Appropriations
Act, 1999 (Public Law 106-31) shall apply for fiscal year 2001.
[[Page 114 STAT. 2762A-68]]
Sec. 110. Section 641(e)(4)(A) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208)
is amended by inserting before the period at the end of the second
sentence the following: ``, except that, in the case of an alien
admitted under section 101(a)(15)(J) of the Immigration and Nationality
Act as an au pair, camp counselor, or participant in a summer work
travel program, the fee shall not exceed $35''.
Sec. 111. Section 115 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as
enacted into law by section 1000(a)(1) of Public Law 106-113) shall
apply hereafter.
Sec. 112. Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356) is amended by adding at the end the following new
subsections:
``(t) Genealogy Fee.--(1) There is hereby established the Genealogy
Fee for providing genealogy research and information services. This fee
shall be deposited as offsetting collections into the Examinations Fee
Account. Fees for such research and information services may be set at a
level that will ensure the recovery of the full costs of providing all
such services.
``(2) The Attorney General will prepare and submit annually to
Congress statements of the financial condition of the Genealogy Fee.
``(3) Any officer or employee of the Immigration and Naturalization
Service shall collect fees prescribed under regulation before
disseminating any requested genealogical information.
``(u) Premium Fee for Employment-Based Petitions and Applications.--
The Attorney General is authorized to establish and collect a premium
fee for employment-based petitions and applications. This fee shall be
used to provide certain 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.
[[Page 114 STAT. 2762A-69]]
Sec. 117. Of the discretionary funds appropriated to the Edward
Byrne Memorial State and Local Law Enforcement Assistance Program in
fiscal year 2000, $2,000,000 shall be transferred to the Violent
Offender Incarceration and Truth In Sentencing Incentive Grants Program
to be used for the construction costs of the Hoonah Spirit Camp, as
authorized under section 20109(a) of subtitle A of title II of the 1994
Act.
Sec. 118. Notwithstanding any other provision of law, for fiscal
2001 and hereafter, with respect to any grant program for which amounts
are made available under this title, no grant funds may be made
available to any local jail that runs ``pay-to-stay programs.''
Sec. 119. Notwithstanding any other provision of law, including
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), the
Attorney General hereafter may enter into contracts and other
agreements, of any reasonable duration, for detention or incarceration
space or facilities, including related services, on any reasonable
basis.
This title may be cited as the ``Department of Justice Appropriations
Act, 2001''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$29,517,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $48,100,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and
[[Page 114 STAT. 2762A-70]]
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
[[Page 114 STAT. 2762A-71]]
activities: Provided further, That payments and contributions collected
and accepted for materials or services provided as part of such
activities may be retained for use in covering the cost of such
activities, and for providing information to the public with respect to
the export administration and national security activities of the
Department of Commerce and other export control programs of the United
States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, and for
trade adjustment assistance, $411,879,000, to remain available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $28,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $27,314,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$53,745,000, to remain available until September 30, 2002.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $157,227,000.
periodic censuses and programs
For necessary expenses to conduct the decennial census, $130,898,000
to remain available until expended: Provided, That, of the total amount
available for the decennial census ($130,898,000 in new appropriations
and $260,000,000 in unobligated balances
[[Page 114 STAT. 2762A-72]]
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
[[Page 114 STAT. 2762A-73]]
expended as authorized by section 391 of the Act, as amended: Provided,
That not to exceed $1,800,000 shall be available for program
administration as authorized by section 391 of the Act: Provided
further, That notwithstanding the provisions of section 391 of the Act,
the prior year unobligated balances may be made available for grants for
projects for which applications have been submitted and approved during
any fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $45,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of sections 392(a) and 392(c) of the Act, these funds may be used for
the planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services: Provided further, That
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Act (47 U.S.C. 254(h)) or receives assistance under the regional
information sharing systems grant program of the Department of Justice
under part M of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this
heading to cover any costs of the entity that would otherwise be covered
by such preferential rates or such assistance, as the case may be:
Provided further, That the Administrator shall, after consultation with
other federal departments and agencies responsible for regulating the
core operations of entities engaged in the provision of energy, water
and railroad services, complete and submit to Congress, not later than
twelve months after date of enactment of this subsection, a study of the
current and future use of spectrum by these entities to protect and
maintain the nation's critical infrastructure: Provided further, That
within six months after the release of this study, the Chairman of the
Federal Communications Commission shall submit a report to Congress on
the actions that could be taken by the Commission to address any needs
identified in the Administrator's study.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $783,843,000, to remain
available until expended: Provided, That of this amount, $783,843,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund shall be
reduced as such offsetting
[[Page 114 STAT. 2762A-74]]
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
[[Page 114 STAT. 2762A-75]]
maintenance, operation, and hire of aircraft; grants, contracts, or
other payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of
facilities as authorized by 33 U.S.C. 883i, $1,869,170,000, to remain
available until expended: Provided, That fees and donations received by
the National Ocean Service for the management of the national marine
sanctuaries may be retained and used for the salaries and expenses
associated with those activities, notwithstanding 31 U.S.C. 3302:
Provided further, That in addition, $68,000,000 shall be derived by
transfer from the fund entitled ``Promote and Develop Fishery Products
and Research Pertaining to American Fisheries'': Provided further, That
grants to States pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed $2,000,000:
Provided further, That not to exceed $31,439,000 shall be expended for
Executive Direction and Administration, which consists of the Offices of
the Undersecretary, the Executive Secretariat, Policy and Strategic
Planning, International Affairs, Legislative Affairs, Public Affairs,
Sustainable Development, the Chief Scientist, and the General Counsel:
Provided further, That the aforementioned offices, excluding the Office
of the General Counsel, shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis above the level of 42 personnel: Provided further, That no
general administrative charge shall be applied against an assigned
activity included in this Act and, further, that any direct
administrative expenses applied against an assigned activity shall be
limited to 5 percent of the funds provided for that assigned activity:
Provided further, That any use of deobligated balances of funds provided
under this heading in previous years shall be subject to the procedures
set forth in section 605 of this Act.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
procurement, acquisition and construction (including transfers of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $682,899,000, to remain available until
expended: Provided, That unexpended balances of amounts previously made
available in the ``Operations, Research, and Facilities'' account for
activities funded under this heading may be transferred to and merged
with this account, to remain available until expended for the purposes
for which the funds were originally appropriated: Provided further, That
none of the funds provided in this Act or any other Act under the
heading ``National Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' shall be used to fund the construction
and tenant build-out costs of a facility at the Suitland Federal Center.
[[Page 114 STAT. 2762A-76]]
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 P.L. 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
[[Page 114 STAT. 2762A-77]]
for Ocean exploration initiative; and $3,000,000 is for Marine
Sanctuaries construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations and the implementation of the 1999 Pacific Salmon
Treaty Agreement between the United States and Canada, $54,000,000,
subject to express authorization.
In addition, for implementation of the 1999 Pacific Salmon Treaty
Agreement, $20,000,000, of which $10,000,000 shall be deposited in the
Northern Boundary and Transboundary Rivers Restoration and Enhancement
Fund and of which $10,000,000 shall be deposited in the Southern
Boundary Restoration and Enhancement Fund.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,200,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e)
of such Act.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $952,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$191,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $288,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $35,920,000.
[[Page 114 STAT. 2762A-78]]
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.
[[Page 114 STAT. 2762A-79]]
Sec. 207. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 208. The Secretary of Commerce may use the Commerce franchise
fund for expenses and equipment necessary for the maintenance and
operation of such administrative services as the Secretary determines
may be performed more advantageously as central services, pursuant to
section 403 of Public Law 103-356: Provided, That any inventories,
equipment, and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the Department and other Federal agencies for which such centralized
services are performed, at rates which will return in full all expenses
of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services on a competitive
basis: Provided further, That an amount not to exceed 4 percent of the
total annual income to such fund may be retained in the fund for fiscal
year 2001 and each fiscal year thereafter, to remain available until
expended, to be used for the acquisition of capital equipment, and for
the improvement and implementation of department financial management,
ADP, and other support systems: Provided further, That such amounts
retained in the fund for fiscal year 2001 and each fiscal year
thereafter shall be available for obligation and expenditure only in
accordance with section 605 of this Act: Provided further, That no later
than 30 days after the end of each fiscal year, amounts in excess of
this reserve limitation shall be deposited as miscellaneous receipts in
the Treasury: Provided further, That such franchise fund pilot program
shall terminate pursuant to section 403(f ) of Public Law 103-356.
Sec. 209. Notwithstanding any other provision of law, of the amounts
made available elsewhere in this title to the ``National Institute of
Standards and Technology, Construction of Research Facilities'',
$4,000,000 is appropriated to the Institute at Saint Anselm College,
$4,000,000 is appropriated to fund a cooperative agreement with the
Medical University of South Carolina, $3,000,000 is appropriated to the
Thayer School of Engineering for the biocommodity and biomass research
initiative, and $3,000,000 is appropriated to establish the Institute
for Information Infrastructure Protection at the Institute for Security
Technology Studies.
In addition, of the amounts for ``National Oceanic and Atmospheric
Administration, Procurement, Acquisition, and Construction'', $5,000,000
shall be for a grant for Eastern Kentucky Pride, Inc., for design and
construction of facilities for water protection and related
environmental infrastructure.
Sec. 210. (a) The Secretary of Commerce shall establish and
administer through the National Ocean Service the Dr. Nancy Foster
Scholarship Program. Under the program, the Secretary shall award
graduate education scholarships in marine biology,
[[Page 114 STAT. 2762A-80]]
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.
[[Page 114 STAT. 2762A-81]]
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $17,930,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$12,456,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,359,725,000 (including the purchase of
firearms and ammunition); of which not to exceed $17,817,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,602,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d),
[[Page 114 STAT. 2762A-82]]
$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.
[[Page 114 STAT. 2762A-83]]
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $8,100,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $9,931,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. (a) The Director of the Administrative Office of the
United States Courts (the Director) may designate in writing officers
and employees of the judicial branch of the United States Government,
including the courts as defined in section 610 of title 28, United
States Code, but excluding the Supreme Court, to be disbursing officers
in such numbers and locations as the Director considers necessary. These
disbursing officers will: (1) disburse moneys appropriated to the
judicial branch and other funds only in strict accordance with payment
requests certified by the Director or in accordance with subsection (b)
of this section; (2) examine payment requests as necessary to ascertain
whether they are in proper
[[Page 114 STAT. 2762A-84]]
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) one additional district judge for the district of
Arizona;
(2) one additional district judge for the southern district
of Florida;
(3) one additional district judge for the eastern district
of Kentucky;
(4) one additional district judge for the district of
Nevada;
(5) one additional district judge for the district of New
Mexico;
(6) one additional district judge for the district of South
Carolina;
(7) one additional district judge for the southern district
of Texas;
(8) one additional district judge for the western district
of Texas;
(9) one additional district judge for the eastern district
of Virginia; and
[[Page 114 STAT. 2762A-85]]
(10) one 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 one 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.''.
[[Page 114 STAT. 2762A-86]]
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''.
[[Page 114 STAT. 2762A-87]]
(2) Mandatory separation.--(A) Section 8335 of title 5,
United States Code, is amended by redesignating subsection (e)
as subsection (f ) and inserting after subsection (d) the
following:
``(e) A member of the Supreme Court Police who is otherwise eligible
for immediate retirement under section 8336(n) shall be separated from
the service on the last day of the month in which such member becomes 57
years of age or completes 20 years of service if then over that age. The
Marshal of the Supreme Court of the United States, when in his judgment
the public interest so requires, may exempt such a member from automatic
separation under this subsection until that member becomes 60 years of
age. The Marshal shall notify the member in writing of the date of
separation at least 60 days in advance thereof. Action to separate the
member is not effective, without the consent of the member, until the
last day of the month in which the 60-day notice expires.''.
(B) Section 8335(f ) of title 5, United States Code, as
redesignated by subparagraph (A), is amended by striking
``Police)'' and inserting ``Police or the Supreme Court
Police)''.
(3) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended by redesignating subsection (n) as
subsection (o) and inserting after subsection (m) the following:
``(n) A member of the Supreme Court Police who is separated from the
service after becoming 50 years of age and completing 20 years of
service as a member of the Supreme Court Police or as a law enforcement
officer, or any combination of such service totaling at least 20 years,
is entitled to an annuity.''.
(4) Computation.--Section 8339 of title 5, United States
Code, is amended by redesignating subsection (r) as subsection
(s) and inserting after subsection (q) the following:
``(r) The annuity of a member of the Supreme Court Police, or former
member of the Supreme Court Police, retiring under this subchapter is
computed in accordance with subsection (d).''.
(c) Amendments to Chapter 84.--
(1) Immediate retirement.--Section 8412(d) of title 5,
United States Code, is amended by inserting ``or Supreme Court
Police'' after ``Capitol Police'' each place it appears.
(2) Computation of basic annuity.--Section 8415(g) of title
5, United States Code, is amended by inserting ``member of the
Supreme Court Police,'' after ``law enforcement officer,''.
(3) Deductions from pay.--Section 8422(a)(3) of title 5,
United States Code, is amended in the item relating to law
enforcement officers by inserting ``member of the Supreme Court
Police,'' after ``member of the Capitol Police,''.
(4) Government contributions.--Section 8423(a) of title 5,
United States Code, is amended by inserting ``members of the
Supreme Court Police,'' after ``law enforcement officers,'' each
place it appears.
(5) Mandatory separation.--(A) Section 8425 of title 5,
United States Code, is amended by redesignating subsection (d)
as subsection (e) and inserting after subsection (c) the
following:
``(d) A member of the Supreme Court Police who is otherwise eligible
for immediate retirement under section 8412(d) shall be separated from
the service on the last day of the month in which such member becomes 57
years of age or completes 20 years of service if then over that age. The
Marshal of the Supreme Court
[[Page 114 STAT. 2762A-88]]
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)-
[[Page 114 STAT. 2762A-89]]
(e), (n), (q), and (r)'' and inserting ``subsections (a) through
(e), (n), (q), (r), and (s)''.
(3) Section 8339(g) of title 5, United States Code, is
amended--
(A) in paragraph (2), by striking ``subsections (a)-
(c), (n), (q), or (r)'' and inserting ``subsections (a)
through (c), (n), (q), (r), or (s)''; and
(B) in the matter following paragraph (2), by
striking ``(q), or (r)'' each place it appears and
inserting ``(q), (r), or (s)''.
(4) Section 8339(i) of title 5, United States Code, is
amended by striking ``(a)-(h), (n), (q), and (r)'' and inserting
``(a)-(h), (n), (q), (r), or (s)''.
(5) Sections 8339( j), 8339(k)(1), and 8343a of title 5,
United States Code, are each amended by striking ``(a)-(i), (n),
(q), and (r)'' each place it appears and inserting ``(a)-(i),
(n), (q), (r), and (s)''.
(6) Section 8339(l) of title 5, United States Code, is
amended by striking ``(a)-(k), (n), (q), and (r)'' and inserting
``(a)-(k), (n), (q), (r), and (s)''.
(7) Subsections (b)(1) and (d) of section 8341 of title 5,
United States Code, are each amended by striking ``(q), and
(r)'' and inserting ``(q), (r), and (s)''.
(8) Section 8344(a)(A) of title 5, United States Code, is
amended by striking ``(q), and (r)'' and inserting ``(q), (r),
and (s)''.
(i) Applicability.--This section and the amendments made by this
section shall apply only to an individual who is employed as a member of
the Supreme Court Police after the later of October 1, 2000, or the date
of enactment of this Act.
( j) Effective Date.--Except as otherwise provided in this section,
this section and the amendments made by this section shall take effect
on the first day of the first applicable pay period that begins on the
later of October 1, 2000, or the date of enactment of this Act.
Sec. 309. Pursuant to section 140 of Public Law 97-92, Justices and
judges of the United States are authorized during fiscal year 2001, to
receive a salary adjustment in accordance with 28 U.S.C. 461, only if
for the purposes of each provision of law amended by section 704(a)(2)
of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), adjustments under
section 5303 of title 5, United States Code, shall take effect in fiscal
year 2001: Provided, That, if such adjustments take effect pursuant to
this section, $8,801,000 is appropriated for such adjustments pursuant
to this section and such funds shall be transferred to and merged with
appropriations in title III of this Act.
This title may be cited as this ``Judiciary Appropriations Act,
2001''.
[[Page 114 STAT. 2762A-90]]
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
[[Page 114 STAT. 2762A-91]]
the amount made available under this heading, $40,000,000 shall only be
available to implement the 1999 Pacific Salmon Treaty Agreement, of
which $10,000,000 shall be deposited in the Northern Boundary and
Transboundary Rivers Restoration and Enhancement Fund, of which
$10,000,000 shall be deposited in the Southern Boundary Restoration and
Enhancement Fund, and of which $20,000,000 shall be for a direct payment
to the State of Washington for obligations under the 1999 Pacific Salmon
Treaty Agreement.
In addition, not to exceed $1,252,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act, as amended; in addition, as authorized by
section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; in addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be credited to this appropriation
from fees or other payments received from English teaching, library,
motion pictures, and publication programs, and from fees from
educational advising and counseling, and exchange visitor programs; and,
in addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$410,000,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $97,000,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$28,490,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980, as amended (Public Law 96-465), as it relates to post
inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $231,587,000, to remain available until expended: Provided,
That not to exceed $800,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received from
or in connection with English teaching and educational advising and
counseling programs as authorized.
representation allowances
For representation allowances as authorized, $6,499,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$15,467,000, to remain available until September 30, 2002: Provided,
That, notwithstanding the limitations of 3 U.S.C. 202(10)
[[Page 114 STAT. 2762A-92]]
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,
[[Page 114 STAT. 2762A-93]]
$870,833,000: Provided, That any payment of arrearages under this title
shall be directed toward special activities that are mutually agreed
upon by the United States and the respective international organization:
Provided further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an international
organization for the United States share of interest costs made known to
the United States Government by such organization for loans incurred on
or after October 1, 1984, through external borrowings: Provided further,
That of the funds appropriated in this paragraph, $100,000,000 may be
made available only pursuant to a certification by the Secretary of
State that the United Nations has taken no action in calendar year 2000
prior to the date of enactment of this Act to increase funding for any
United Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget and cause the United Nations to
exceed the budget for the biennium 2000-2001 of $2,535,700,000: Provided
further, That if the Secretary of State is unable to make the
aforementioned certification, the $100,000,000 is to be applied to
paying the current year assessment for other international organizations
for which the assessment has not been paid in full or to paying the
assessment due in the next fiscal year for such organizations, subject
to the reprogramming procedures contained in section 605 of this Act:
Provided further, That funds appropriated under this paragraph may be
obligated and expended to pay the full United States assessment to the
civil budget of the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $846,000,000, of which
15 percent shall remain available until September 30, 2002: Provided,
That none of the funds made available under this Act shall be obligated
or expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency, as
far in advance as is practicable): (1) the Committees on Appropriations
of the House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost and length
of the mission, the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds pursuant to
section 605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
made available under this heading are available to pay the United States
share of the cost of court monitoring that is part of any United Nations
peacekeeping mission.
[[Page 114 STAT. 2762A-94]]
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
[[Page 114 STAT. 2762A-95]]
available until expended: Provided, That none of the funds appropriated
herein shall be used to pay any salary or other compensation, or to
enter into any contract providing for the payment thereof, in excess of
the rate authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for 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.
[[Page 114 STAT. 2762A-96]]
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,
[[Page 114 STAT. 2762A-97]]
resolution, or regulation authorizing the United Nations, or any of its
specialized agencies or affiliated organizations, to tax any aspect of
the Internet.
Sec. 406. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to allow for the entry into, or withdrawal from warehouse
for consumption in the United States of diamonds if the country of
origin in which such diamonds were mined (as evidenced by a legible
certificate of origin) is the Republic of Sierra Leone, the Republic of
Liberia, the Republic of Cote d'Ivoire, Burkina Faso, the Democratic
Republic of the Congo, or the Republic of Angola with the exception of
diamonds certified by the lawful governments of the Republic of Sierra
Leone, the Democratic Republic of the Congo, or the Republic of Angola.
Sec. 407. Section 37(a)(3) of the State Department Basic Authorities
Act, as amended, (22 U.S.C. 2709) is amended by--
(1) striking ``and'' at the end of subsection (a)(3)(C); and
(2) by inserting at the end the following new subsections:
``(E) a departing Secretary of State for a period of
up to 180 days after the date of termination of that
individual's incumbency as Secretary of State, on the
basis of a threat assessment; and
``(F) an individual who has been designated by the
President to serve as Secretary of State, prior to that
individual's appointment.''.
Sec. 408. Funds appropriated by this Act for the Broadcasting Board
of Governors and the Department of State, and for the American Section
of the International Joint Commission in Public Law 106-246, may be
obligated and expended notwithstanding section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15
of the State Department Basic Authorities Act of 1956, as amended.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2001''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$98,700,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $86,910,000.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $30,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such
[[Page 114 STAT. 2762A-98]]
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.
[[Page 114 STAT. 2762A-99]]
Commission on Security and Cooperation In Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $1,370,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $500,000, to remain
available until expended.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $30,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$303,864,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $230,000,000, of which not to exceed $300,000 shall remain
available until September 30, 2002, for research and policy studies:
Provided, That $200,146,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications Act
of 1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2001 so as to result in a final fiscal year 2001 appropriation estimated
at $29,854,000: Provided further, That any offsetting
[[Page 114 STAT. 2762A-100]]
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.
[[Page 114 STAT. 2762A-101]]
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2000 and 2001, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $1,700,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $127,800,000 from fees collected in fiscal year
2001 to remain available until expended, and from fees collected in
fiscal year 1999, $295,000,000, to remain available until expended; of
which not to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b)(4) of the Securities Act of 1933
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(d)) shall be credited to this account as offsetting
collections.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105-135, including
hire of passenger motor vehicles as authorized by 31
[[Page 114 STAT. 2762A-102]]
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.
[[Page 114 STAT. 2762A-103]]
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $129,000,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $76,140,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $108,354,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program and
shall be transferred to and merged with appropriations for the Office of
Inspector General; of which $98,000,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program; and of which $9,854,000 is for indirect administrative
expenses: Provided, That any amount in excess of $9,854,000 to be
transferred to and merged with appropriations for Salaries and Expenses
for indirect administrative expenses shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572; 106 Stat. 4515-4516), $6,850,000, to remain available until
expended: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
[[Page 114 STAT. 2762A-104]]
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.
[[Page 114 STAT. 2762A-105]]
(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,
[[Page 114 STAT. 2762A-106]]
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''.
[[Page 114 STAT. 2762A-107]]
(c) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2001.
Sec. 618. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for: (1) the implementation of any
tax or fee in connection with the implementation of 18 U.S.C. 922(t);
and (2) any system to implement 18 U.S.C. 922(t) that does not require
and result in the destruction of any identifying information submitted
by or on behalf of any person who has been determined not to be
prohibited from owning a firearm.
Sec. 619. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C. 10601 in
any fiscal year in excess of $537,500,000 shall not be available for
obligation until the following fiscal year.
Sec. 620. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for
which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 621. None of the funds appropriated in this Act shall be
available for the purpose of granting either immigrant or nonimmigrant
visas, or both, consistent with the Secretary's determination under
section 243(d) of the Immigration and Nationality Act, to citizens,
subjects, nationals, or residents of countries that the Attorney General
has determined deny or unreasonably delay accepting the return of
citizens, subjects, nationals, or residents under that section.
Sec. 622. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 623. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan,
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the Senate
for advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has not
entered into force pursuant to article 25 of the Protocol.
Sec. 624. Beginning 60 days from the date of the enactment of this
Act, none of the funds appropriated or otherwise made available by this
Act may be made available for the participation by delegates of the
United States to the Standing Consultative Commission unless the
President certifies and so reports to the Committees on Appropriations
that the United States Government is not implementing the Memorandum of
Understanding Relating to the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the limitation of
Anti-Ballistic Missile Systems of May 26, 1972, entered into in New York
on September 26, 1997, by the United States, Russia, Kazakhstan,
Belarus, and Ukraine, or until the Senate provides its advice and
consent to the Memorandum of Understanding.
[[Page 114 STAT. 2762A-108]]
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:
[[Page 114 STAT. 2762A-109]]
``(a) Except as exempted pursuant to subsection (c), no person shall
acquire, directly or indirectly, any voting securities or assets of any
other person, unless both persons (or in the case of a tender offer, the
acquiring person) file notification pursuant to rules under subsection
(d)(1) and the waiting period described in subsection (b)(1) has
expired, if--
``(1) the acquiring person, or the person whose voting
securities or assets are being acquired, is engaged in commerce
or in any activity affecting commerce; and
``(2) as a result of such acquisition, the acquiring person
would hold an aggregate total amount of the voting securities
and assets of the acquired person--
``(A) in excess of $200,000,000 (as adjusted and
published for each fiscal year beginning after September
30, 2004, in the same manner as provided in section
8(a)(5) to reflect the percentage change in the gross
national product for such fiscal year compared to the
gross national product for the year ending September 30,
2003); or
``(B)(i) in excess of $50,000,000 (as so adjusted
and published) but not in excess of $200,000,000 (as so
adjusted and published); and
``(ii)(I) any voting securities or assets of a
person engaged in manufacturing which has annual net
sales or total assets of $10,000,000 (as so adjusted and
published) or more are being acquired by any person
which has total assets or annual net sales of
$100,000,000 (as so adjusted and published) or more;
``(II) any voting securities or assets of a person
not engaged in manufacturing which has total assets of
$10,000,000 (as so adjusted and published) or more are
being acquired by any person which has total assets or
annual net sales of $100,000,000 (as so adjusted and
published) or more; or
``(III) any voting securities or assets of a person
with annual net sales or total assets of $100,000,000
(as so adjusted and published) or more are being
acquired by any person with total assets or annual net
sales of $10,000,000 (as so adjusted and published) or
more.
In the case of a tender offer, the person whose voting securities are
sought to be acquired by a person required to file notification under
this subsection shall file notification pursuant to rules under
subsection (d).''.
(b) Section 605 of title VI of Public Law 101-162 (15 U.S.C. 18a
note) is amended--
(1) by inserting ``(a)'' after ``Sec. 605.'',
(2) in the 1st sentence--
(A) by striking ``at $45,000'' and inserting ``in
subsection (b)'', and
(B) by striking ``Hart-Scott-Rodino Antitrust
Improvements Act of 1976'' and inserting ``section 7A of
the Clayton Act'', and
(3) by adding at the end the following:
``(b) The filing fees referred to in subsection (a) are--
``(1) $45,000 if the aggregate total amount determined under
section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is
less than $100,000,000 (as adjusted and published for each
fiscal year beginning after September 30, 2004, in the same
[[Page 114 STAT. 2762A-110]]
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
[[Page 114 STAT. 2762A-111]]
(2) by adding at the end the following:
``(k) If the end of any period of time provided in this section
falls on a Saturday, Sunday, or legal public holiday (as defined in
section 6103(a) of title 5 of the United States Code), then such period
shall be extended to the end of the next day that is not a Saturday,
Sunday, or legal public holiday.''.
(e) This section and the amendments made by this section shall take
effect on the 1st day of the 1st month that begins more than 30 days
after the date of the enactment of this Act.
Sec. 631. (a) The Secretary of the Army is authorized to take all
necessary measures to further stabilize and renovate Lock and Dam 10 at
Boonesborough, Kentucky, with the purpose of extending the design life
of the structure by an additional 50 years, at a total cost of
$24,000,000, with an estimated Federal cost of $19,200,000 and an
estimated non-Federal cost of $4,800,000.
(b) For purposes of this section only, ``stabilize and renovate''
shall include, but shall not be limited to, the following activities:
stabilization of the main dam, auxiliary dam and lock; renovation of all
operational aspects of the lock; and elevation of the main and auxiliary
dams.
Sec. 632. (a)(1) The Federal Communications Commission shall modify
the rules authorizing the operation of low-power FM radio stations, as
proposed in MM Docket No. 99-25, to--
(A) prescribe minimum distance separations for third-
adjacent channels (as well as for co-channels and first- and
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
[[Page 114 STAT. 2762A-112]]
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,
[[Page 114 STAT. 2762A-113]]
for an interpretive development initiative; $1,000,000 shall be
available for a grant to the East Los Angeles Community Union to develop
a facility; $5,000,000 shall be available for a grant to the Southern
Kentucky Tourism Development Association for a regional tourism
promotion initiative; $1,500,000 shall be available for a grant for
Union College, Barbourville, Kentucky, for a technology and media
center; $500,000 shall be available for a grant to the National
Corrections and Law Enforcement Training and Technology Center, Inc., to
work in conjunction with the Office of Law Enforcement Technology
Commercialization and the Moundsville Economic Development Council for
continued operations of the National Corrections and Law Enforcement
Training and Technology Center, and for infrastructure improvements
associated with this initiative; $2,000,000 shall be available for a
grant for the City of Paintsville, Kentucky, for a regional arts and
tourism center; $200,000 shall be available for a grant for the Vandalia
Heritage Foundation to fulfill its charter purposes; $800,000 shall be
available for a grant for the Museum of Science and Industry to develop
a Manufacturing Learning Center; $200,000 shall be available for a grant
to Rural Enterprises, Inc., in Durant, Oklahoma, to continue support for
a resource center for rural businesses; $1,000,000 shall be available
for a grant for Greenpoint Manufacturing and Design Center to acquire
certain properties to develop a small business incubator facility;
$1,000,000 shall be available for a grant to the Long Island Bay Shore
Aquarium to develop a facility; $200,000 shall be available for a grant
for Old Sturbridge Village's Threshold Project to develop an arts and
tourism facility; $1,300,000 shall be available for a grant to Pulaski
County, Kentucky, for an emergency training center; $2,000,000 shall be
available for a grant for Promesa Enterprises in the Bronx, New York, to
assist community-based businesses; $1,000,000 shall be available for a
grant to the City of Oak Ridge, Tennessee, to develop a center to
support technology and economic development initiatives; $1,000,000
shall be available for a grant for the Safer Foundation to develop a
facility; $250,000 shall be available for a grant for the Johnstown Area
Regional Industries Center for a Workforce Development initiative;
$600,000 shall be available for a grant for the Buckhorn Children's
Foundation for a community-based youth development facility; $250,000
shall be available for a grant for the Johnstown Area Regional
Industries Center to continue support for the Entrepreneur Challenge
2000 small business incubator initiative; $250,000 shall be available
for a grant to the Business Development Assistance Group to establish an
Entrepreneurship Center for New Americans in Northern Virginia;
$1,000,000 shall be available for a grant for the Brotherhood Business
Development and Capital Fund for a small business technical assistance
and loan program; $900,000 shall be available for a grant for the
Arizona Department of Public Safety for planning and design for
infrastructure improvements; $250,000 shall be available for a grant for
Gadsden State Community College to develop a Center for Economic
Development; $2,000,000 shall be available for a grant to Morehead State
University for a science research and technology center; $350,000 shall
be available for a grant for the Nicholas County, Kentucky, Industrial
Authority to acquire certain properties in Carlisle, Kentucky, to
develop a small business initiative; $350,000 shall be available for a
grant for Montgomery County, Kentucky, to develop an education and
training facility; $500,000 shall be
[[Page 114 STAT. 2762A-114]]
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.
[[Page 114 STAT. 2762A-115]]
(7) Congress should enact legislation that will offer an
individual assigned a social security number necessary
protection from the display, sale, or purchase of the number in
circumstances that might facilitate unlawful conduct or that
might otherwise likely result in unfair and deceptive practices.
(c)(1) Part A of title XI of the Social Security Act (42 U.S.C. 1301
et seq.) is amended by adding at the end the following new section:
``prohibition of certain misuses of the social security number
``Sec. 1150A. (a) Except as otherwise provided in this section, no
person may display or sell to the general public any individual's social
security number, or any identifiable derivative of such number, without
the affirmatively expressed consent, electronically or in writing, of
the individual.
``(b) No person may obtain any individual's social security number,
or any identifiable derivative of such number, for purposes of locating
or identifying an individual with the intent to physically injure, harm,
or use the identity of the individual for illegal purposes.
``(c) In order for consent to exist under subsection (a), the person
displaying, or seeking to display, or selling or attempting to sell, an
individual's social security number, or any identifiable derivative of
such number, shall--
``(1) inform the individual of the general purposes for
which the number will be utilized and the types of persons to
whom the number may be available; and
``(2) obtain affirmatively expressed consent electronically
or in writing.
``(d) Except as set forth in subsection (b), nothing in this section
shall be construed to prohibit or limit the display, sale, or use of a
social security number--
``(1)(A) permitted, required, or excepted, expressly or by
implication, under section 205(c)(2), section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), section
6109(d) of the Internal Revenue Code of 1986, the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.), title V of the 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.
[[Page 114 STAT. 2762A-116]]
``(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 two 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.
[[Page 114 STAT. 2762A-117]]
``(5) When such numbers are required to be submitted as part
of the process for applying for any type of government benefit
or program.''.
(2) Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is
amended--
(1) in paragraph (8), by inserting ``or'' after the
semicolon; and
(2) by inserting after paragraph (8), the following new
paragraphs:
``(9) except as provided in section 1150A(d), knowingly and
willfully displays or sells to the general public (as defined in
section 1150A(g)) any individual's social security number, or
any identifiable derivative of such number, without the
affirmatively expressed consent (as defined in section
1150A(c)), electronically or in writing, of such individual; or
``(10) obtains any individual's social security number, or
any identifiable derivative of such number, for purposes of
locating or identifying an individual with the intent to
physically injure, harm, or use the identity of the individual
for illegal purposes;''.
(3) The amendments made by this subsection apply with
respect to violations occurring on and after the date that is 2
years after the date of enactment of this Act.
(d)(1) The Comptroller General of the United States shall conduct a
study of the feasibility and advisability of imposing additional
limitations or prohibitions on the use of social security numbers in
public records.
(2) Not later than 1 year after the date of enactment of this
section, the Comptroller General shall submit to Congress a report on
the study conducted under paragraph (1). The report shall include a
detailed description of the activities and results of the study and such
recommendations for legislative action as the Comptroller General
considers appropriate.
Sec. 636. The Cuyahoga Valley National Park shall not be
redesignated as a Class I area under title I, part C of the Clean Air
Act, 42 U.S.C. 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.
[[Page 114 STAT. 2762A-118]]
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
[[Page 114 STAT. 2762A-119]]
Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: Provided further, That the Secretary shall apportion the
remaining amount in the Wildlife Conservation and Restoration Account
for each year among the States in the following manner: (A) one-third of
which is based on the ratio to which the land area of such State bears
to the total land area of all such States; and, (B) two-thirds of which
is based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That no
State, territory or other jurisdiction shall receive a grant unless it
has certified to the Service that it has in place, or has agreed to
develop by a mutually agreed date certain, a wildlife conservation
strategy and plan.
SEC. 902. WILDLIFE CONSERVATION AND RESTORATION.
(a) Purposes.--The purposes of this section are--
(1) to extend financial and technical assistance to the
States under the Federal Aid to Wildlife Restoration Act for the
benefit of a diverse array of wildlife and associated habitats,
including species that are not hunted or fished, to fulfill
unmet needs of wildlife within the States in recognition of the
primary role of the States to conserve all wildlife;
(2) to assure sound conservation policies through the
development, revision, and implementation of a comprehensive
wildlife conservation and restoration plan;
(3) to encourage State fish and wildlife agencies to
participate with the Federal Government, other State agencies,
wildlife conservation organizations and outdoor recreation and
conservation interests through cooperative planning and
implementation of this title; and
(4) to encourage State fish and wildlife agencies to provide
for public involvement in the process of development and
implementation of a wildlife conservation and restoration
program.
(b) Reference to Law.--In this section, the term ``Federal Aid in
Wildlife Restoration Act'' means the Act of September 2, 1937 (16 U.S.C.
669 et seq.), commonly referred to as the Federal Aid in Wildlife
Restoration Act or the Pittman-Robertson Act.
(c) Definitions.--Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is amended to read as follows:
``SEC. 2. DEFINITIONS.
``As used in this Act--
``(1) the term `conservation' means the use of methods and
procedures necessary or desirable to sustain healthy populations
of wildlife, including all activities associated with scientific
resources management such as research, census, monitoring of
populations, acquisition, improvement and management of habitat,
live trapping and transplantation, wildlife damage management,
and periodic or total protection of a species or population, as
well as the taking of individuals within wildlife stock or
population if permitted by applicable State and Federal law;
[[Page 114 STAT. 2762A-120]]
``(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
[[Page 114 STAT. 2762A-121]]
wildlife conservation and restoration programs. Further,
interest on amounts transferred shall be treated in a manner
consistent with 16 U.S.C. 669(b)(1)).''; and
(2) by adding at the end the following:
``(c)(1) Amounts transferred to the Wildlife Conservation and
Restoration Account shall supplement, but not replace, existing funds
available to the States from the sport fish restoration account and
wildlife restoration account and shall be used for the development,
revision, and implementation of wildlife conservation and restoration
programs and should be used to address the unmet needs for a diverse
array of wildlife and associated habitats, including species that are
not hunted or fished, for wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such funds may
be used for new programs and projects as well as to enhance existing
programs and projects.
``(2) Funds may be used by a State or an Indian tribe for the
planning and implementation of its wildlife conservation and restoration
program and wildlife conservation strategy, as provided in sections 4(d)
and (e) of this Act, including wildlife conservation, wildlife
conservation education, and wildlife-associated recreation projects.
Such funds may be used for new programs and projects as well as to
enhance existing programs and projects.
``(3) Priority for funding from the Wildlife Conservation and
Restoration Account shall be for those species with the greatest
conservation need as defined by the State wildlife conservation and
restoration program.
``(d) Notwithstanding subsections (a) and (b) of this section, with
respect to amounts transferred to the Wildlife Conservation and
Restoration Account, so much of such amounts apportioned to any State
for any fiscal year as remains unexpended at the close thereof shall
remain available for obligation in that State until the close of the
second succeeding fiscal year.''.
(e) Apportionments of Amounts.--Section 4 of the Federal Aid in
Wildlife Restoration Act (16 U.S.C. 669c) is amended by adding at the
end the following new subsection:
``(c) Apportionment of Wildlife Conservation and Restoration
Account.--
``(1) The Secretary of the Interior shall make the following
apportionment from the Wildlife Conservation and Restoration
Account:
``(A) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not
more than one-half of 1 percent thereof.
``(B) to Guam, American Samoa, the Virgin Islands,
and the Commonwealth of the Northern Mariana Islands,
each a sum equal to not more than one-fourth of 1
percent thereof.
``(2)(A) The Secretary of the Interior, after making the
apportionment under paragraph (1), shall apportion the remaining
amount in the Wildlife Conservation and Restoration Account for
each fiscal year among the States in the following manner:
``(i) one-third of which is based on the ratio to
which the land area of such State bears to the total
land area of all such States; and
[[Page 114 STAT. 2762A-122]]
``(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;
[[Page 114 STAT. 2762A-123]]
``(v) provides for periodic monitoring of
species identified under paragraph (1) and their
habitats and the effectiveness of the conservation
actions determined under paragraph (4), and for
adapting conservation actions as appropriate to
respond to new information or changing conditions;
``(vi) provides for the review of the State
wildlife conservation strategy and, if
appropriate, revision at intervals of not more
than ten years;
``(vii) provides for coordination to the
extent feasible the State fish and wildlife
department, during the development,
implementation, review, and revision of the
wildlife conservation strategy, with Federal,
State, and local agencies and Indian tribes that
manage significant areas of land or water within
the State, or administer programs that
significantly affect the conservation of species
identified under paragraph (1) or their habitats.
``(2) A State shall provide an opportunity for public
participation in the development of the comprehensive plan
required under paragraph (1).
``(3) If the Secretary finds that the comprehensive plan
submitted by a State complies with paragraph (1), the Secretary
shall approve the wildlife conservation and restoration program
of the State and set aside from the apportionment to the State
made pursuant to subsection (c) an amount that shall not exceed
75 percent of the estimated cost of developing and implementing
the program.
``(4)(A) Except as provided in subparagraph (B), after the
Secretary approves a State's wildlife conservation and
restoration program, the Secretary may make payments on a
project that is a segment of the State's wildlife conservation
and restoration program as the project progresses. Such
payments, including previous payments on the project, if any,
shall not be more than the United States pro rata share of such
project. The Secretary, under such regulations as he may
prescribe, may advance funds representing the United States pro
rata share of a project that is a segment of a wildlife
conservation and restoration program, including funds to develop
such program.
``(B) Not more than 10 percent of the amounts apportioned to
each State under this section for a State's wildlife
conservation and restoration program may be used for wildlife-
associated recreation.
``(5) For purposes of this subsection, the term `State'
shall include the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
(f ) FACA.--Coordination with State fish and wildlife agency
personnel or with personnel of other State agencies pursuant to the
Federal Aid in Wildlife Restoration Act or the Federal Aid in Sport Fish
Restoration Act shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.). Except for the preceding sentence, the provisions
of this title relate solely to wildlife conservation and restoration
programs and shall not be construed to affect the provisions of the
Federal Aid in Wildlife Restoration Act relating to wildlife restoration
projects or the provisions of
[[Page 114 STAT. 2762A-124]]
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.
``Nothing in this section shall be construed as a permanent
authorization.
``(a) 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
[[Page 114 STAT. 2762A-125]]
a moratorium on new leasing was in effect as of January 1, 2000,
unless the lease was issued prior to the establishment of the
moratorium and was in production on January 1, 2000.
``(8) The term `qualified Outer Continental Shelf revenues'
means all amounts received by the United States from each leased
tract or portion of a leased tract lying seaward of the zone
defined and governed by section 8(g) of this Act, or lying
within such zone but to which section 8(g) does not apply, the
geographic center of which lies within a distance of 200 miles
from any part of the coastline of any Coastal State, including
bonus bids, rents, royalties (including payments for royalties
taken in kind and sold), net profit share payments, and related
late payment interest. Such term does not include any revenues
from a leased tract or portion of a leased tract that is
included within any area of the Outer Continental Shelf where a
moratorium on new leasing was in effect as of January 1, 2000,
unless the lease was issued prior to the establishment of the
moratorium and was in production on January 1, 2000.
``(9) The term `Secretary' means Secretary of Commerce.
``(b) Authorization.--For fiscal year 2001, $150,000,000 is
authorized to be appropriated for the purposes of this section.
``(c) 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.
[[Page 114 STAT. 2762A-126]]
``(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) 25 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) 25 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) 50 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.
``(d) 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
[[Page 114 STAT. 2762A-127]]
received by Producing Coastal States and coastal political
subdivisions may be used only for the purposes specified in the
Producing Coastal State's Coastal Impact Assistance Plan.
``(2) Approval.--The Secretary shall approve a plan under
paragraph (1) prior to disbursement of amounts under this
section. The Secretary shall approve the plan if the Secretary
determines that the plan is consistent with the uses set forth
in subsection (e) 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.
``(e) 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.
[[Page 114 STAT. 2762A-128]]
``(f ) 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 (e), 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
SECTION 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.
[[Page 114 STAT. 2762A-129]]
(B) Response.--A department or agency consulted by
the Board under subparagraph (A) shall provide the Board
such expertise and assistance as the Board requires to
carry out its functions under this Act.
(3) Approval by majority vote.--The determination of the
Board to approve a loan guarantee under this Act shall be by an
affirmative vote of not less than three 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.
(d) Requirements and Criteria Applicable to Approval.--
(1) In general.--The Board shall utilize the underwriting
criteria developed under subsection (g), and any relevant
[[Page 114 STAT. 2762A-130]]
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 three 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;
[[Page 114 STAT. 2762A-131]]
(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.--
[[Page 114 STAT. 2762A-132]]
(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 one 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
[[Page 114 STAT. 2762A-133]]
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.
(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. To the extent that appropriations
of budget authority are insufficient to cover the cost,
as so defined, 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.
(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
[[Page 114 STAT. 2762A-134]]
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
upgrades or enhances the services provided over any cable system, nor
for a project that extends the services provided by a cable operator, or
its successor or assignee, over any cable system to an area that, as of
the date of enactment of this Act, is covered by a cable franchise
agreement that 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).
[[Page 114 STAT. 2762A-135]]
(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;
[[Page 114 STAT. 2762A-136]]
(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 three 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
[[Page 114 STAT. 2762A-137]]
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;
[[Page 114 STAT. 2762A-138]]
(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
[[Page 114 STAT. 2762A-139]]
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
[[Page 114 STAT. 2762A-140]]
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.
[[Page 114 STAT. 2762A-141]]
(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.
[[Page 114 STAT. 2762A-142]]
(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
[[Page 114 STAT. 2762A-143]]
``(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
[[Page 114 STAT. 2762A-144]]
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
[[Page 114 STAT. 2762A-145]]
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''.
[[Page 114 STAT. 2762A-146]]
(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
[[Page 114 STAT. 2762A-147]]
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.
[[Page 114 STAT. 2762A-148]]
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
[[Page 114 STAT. 2762A-149]]
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.''