Text: H.R.4942 — 106th Congress (1999-2000)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 106-553 (12/21/2000)

 
[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NOTE: Repealed.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 Appendix A was repealed and deemed 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).

                                  <all>

[[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.''