<DOC>
[DOCID: f:publ554.106]
[[Page 114 STAT. 2763]]
Public Law 106-554
106th Congress
An Act
Making <<NOTE: Dec. 21, 2000 - [H.R. 4577]>> consolidated
appropriations 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 <<NOTE: Consolidated Appropriations
Act, 2001.>> assembled,
Section 1. <<NOTE: Incorporation by reference.>> (a) The provisions
of the following bills of the 106th Congress are hereby enacted into
law:
(1) H.R. 5656, as introduced on December 14, 2000.
(2) H.R. 5657, as introduced on December 14, 2000.
(3) H.R. 5658, as introduced on December 14, 2000.
(4) H.R. 5666, as introduced on December 15, 2000, except
that the text of H.R. 5666, as so enacted, shall not include
section 123 (relating to the enactment of H.R. 4904).
(5) H.R. 5660, as introduced on December 14, 2000.
(6) H.R. 5661, as introduced on December 14, 2000.
(7) H.R. 5662, as introduced on December 14, 2000.
(8) H.R. 5663, as introduced on December 14, 2000.
(9) H.R. 5667, as introduced on December 15, 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 and the text of any other bill enacted into law by
reference by reason of the enactment of this Act.
Sec. 2. (a) Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of the committee
of conference accompanying Conference Report 105-217, legislation
enacted in section 505 of the Department of Transportation and Related
Agencies Appropriations Act, 2001, section 312 of the Legislative Branch
Appropriations Act, 2001, titles X and XI of H.R. 5548 (106th Congress)
as enacted by H.R. 4942 (106th Congress), division B of H.R. 5666 (106th
Congress) as enacted by this Act, and sections 1(a)(5) through 1(a)(9)
of this Act that would have been estimated by the Office of Management
and Budget as changing direct spending or receipts under section 252 of
the Balanced Budget and Emergency Deficit Control Act of 1985 were it
included in an Act other than an appropriations Act shall be treated as
direct spending or receipts legislation, as appropriate, under section
252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
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See Endnote on 114 Stat. 2764.
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(b) In preparing the final sequestration report required by section
254(f )(3) of the Balanced Budget and Emergency Deficit Control Act of
1985 for fiscal year 2001, in addition to the information required by
that section, the Director of the Office of Management and Budget shall
change any balance of direct spending
[[Page 114 STAT. 2764]]
and receipts legislation for fiscal year 2001 under section 252 of that
Act to zero.
(c) This Act may be cited as the ``Consolidated Appropriations Act,
2001''.
Approved December 21, 2000.
LEGISLATIVE HISTORY--H.R. 4577 (S. 2553):
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HOUSE REPORTS: Nos. 106-645 (Comm. on Appropriations) and 106-1033
(Comm. of Conference).
SENATE REPORTS: No. 106-293 accompanying S. 2553 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
June 8, 12-14, considered and passed House.
June 22, 23, 26-30, considered and passed Senate, amended.
Dec. 15, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Dec. 21, Presidential remarks and statement.
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__________
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ENDNOTE: The following appendixes were added pursuant to the
provisions of section 1 of this Act (114 Stat. 2763).
<all>
[[Page 114 STAT. 2762A-1]]
TABLE OF CONTENTS
The table of contents is as follows:
APPENDIX A--H.R. 5656
APPENDIX B--H.R. 5657
APPENDIX C--H.R. 5658
APPENDIX D--H.R. 5666
APPENDIX D-1--S. 2273
APPENDIX D-2--S. 2885
APPENDIX E--H.R. 5660
APPENDIX F--H.R. 5661
APPENDIX G--H.R. 5662
APPENDIX H--H.R. 5663
APPENDIX I--H.R. 5667
[[Page 114 STAT. 2763A-3]]
APPENDIX A--H.R. 5656
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2001, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act; the Women in Apprenticeship and Nontraditional
Occupations Act; and the National Skill Standards Act of 1994;
$3,207,805,000 plus reimbursements, of which $1,808,465,000 is available
for obligation for the period July 1, 2001 through June 30, 2002; of
which $1,377,965,000 is available for obligation for the period April 1,
2001 through June 30, 2002, including $1,102,965,000 to carry out
chapter 4 of the Workforce Investment Act and $275,000,000 to carry out
section 169 of such Act; and of which $20,375,000 is available for the
period July 1, 2001 through June 30, 2004 for necessary expenses of
construction, rehabilitation, and acquisition of Job Corps centers:
Provided, That $9,098,000 shall be for carrying out section 172 of the
Workforce Investment Act, and $3,500,000 shall be for carrying out the
National Skills Standards Act of 1994: Provided further, That no funds
from any other appropriation shall be used to provide meal services at
or for Job Corps centers: Provided further, That funds provided to carry
out section 171(d) of such Act may be used for demonstration projects
that provide assistance to new entrants in the workforce and incumbent
workers: Provided further, That funding provided to carry out projects
under section 171 of the Workforce Investment Act of 1998 that are
identified in the Conference Agreement, shall not be subject to the
requirements of section 171(b)(2)(B) of such Act, the requirements of
section 171(c)(4)(D) of such Act, or the joint funding requirements of
sections 171(b)(2)(A) and 171(c)(4)(A) of such Act: Provided further,
That funding appropriated herein for Dislocated Worker Employment and
Training Activities under section 132(a)(2)(A) of the Workforce
Investment Act of 1998 may be distributed for Dislocated Worker Projects
under section 171(d) of the Act without regard to the 10 percent
limitation contained in section 171(d) of the
[[Page 114 STAT. 2763A-4]]
Act: Provided further, That of the funds made available for Job Corps
operating expenses in the Department of Labor Appropriations Act, 2000,
as enacted by section 1000(a)(4) of Public Law 106-113, $586,487 shall
be paid to the city of Vergennes, Vermont in settlement of the city's
claim: Provided further, That $4,600,000 provided herein for dislocated
worker employment and training activities shall be made available to the
New Mexico Telecommunications Call Center Training Consortium for
training in telecommunications-related occupations.
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period October 1,
2001 through June 30, 2002, and of which $100,000,000 is available for
the period October 1, 2001 through June 30, 2004, for necessary expenses
of construction, rehabilitation, and acquisition of Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965, as amended,
$440,200,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $406,550,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $193,452,000, together with
not to exceed $3,172,246,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security Administration
account in the Unemployment Trust Fund including the cost of
administering section 51 of the Internal Revenue Code of 1986, as
amended, section 7(d) of the Wagner-Peyser Act, as amended, the Trade
Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2001, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2003; and of which $193,452,000, together with not
to exceed $773,283,000 of the amount which may be expended
[[Page 114 STAT. 2763A-5]]
from said trust fund, shall be available for obligation for the period
July 1, 2001 through June 30, 2002, to fund activities under the Act of
June 6, 1933, as amended, including the cost of penalty mail authorized
under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose: Provided, That to the extent that the
Average Weekly Insured Unemployment (AWIU) for fiscal year 2001 is
projected by the Department of Labor to exceed 2,396,000, an additional
$28,600,000 shall be available for obligation for every 100,000 increase
in the AWIU level (including a pro rata amount for any increment less
than 100,000) from the Employment Security Administration Account of the
Unemployment Trust Fund: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career center
system, or which are used to support the national activities of the
Federal-State unemployment insurance programs, may be obligated in
contracts, grants, or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of the
Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2002, $435,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2001, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$110,651,000, including $6,431,000 to support up to 75 full-time
equivalent staff, the majority of which will be term Federal
appointments lasting no more than 1 year, to administer welfare-to-work
grants, together with not to exceed $48,507,000, which may be expended
from the Employment Security Administration account in the Unemployment
Trust Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for the Pension and Welfare Benefits
Administration, $107,832,000.
[[Page 114 STAT. 2763A-6]]
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 2001, for such Corporation: Provided, That
not to exceed $11,652,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corporation
in connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust assets,
and for benefits administration services shall be considered as
nonadministrative expenses for the purposes hereof, and excluded from
the above limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $361,491,000, together with
$1,985,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44( j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $2,000,000 shall be for the
development of an alternative system for the electronic submission of
reports required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further, That
the Secretary of Labor is authorized to accept, retain, and spend, until
expended, in the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance with the
terms of the Consent Judgment in Civil Action No. 91-0027 of the United
States District Court for the District of the Northern Mariana Islands
(May 21, 1992): Provided further, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards Act
of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under title I of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United
[[Page 114 STAT. 2763A-7]]
States Code; continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; sections 4(c) and 5(f ) of the War Claims Act of 1948 (50 U.S.C.
App. 2012); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $56,000,000 together with such amounts as
may be necessary to be charged to the subsequent year appropriation for
the payment of compensation and other benefits for any period subsequent
to August 15 of the current year: Provided, That amounts appropriated
may be used under section 8104 of title 5, United States Code, by the
Secretary of Labor to reimburse an employer, who is not the employer at
the time of injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2000, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 2001:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration, $34,910,000
shall be made available to the Secretary as follows: (1) for the
operation of and enhancement to the automated data processing systems,
including document imaging, medical bill review, and periodic roll
management, in support of Federal Employees' Compensation Act
administration, $23,371,000; (2) for conversion to a paperless office,
$7,005,000; (3) for communications redesign, $1,750,000; (4) for
information technology maintenance and support, $2,784,000; and (5) the
remaining funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under chapter
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as
part of such notice and claim, such identifying information (including
Social Security account number) as such regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$1,028,000,000, of which $975,343,000 shall be available until September
30, 2002, for payment of all benefits as authorized by section
9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as
amended, and interest on advances as authorized by section 9501(c)(2) of
that Act, and of which $30,393,000 shall be available for transfer to
Employment Standards Administration, Salaries and Expenses, $21,590,000
for transfer to Departmental Management, Salaries and Expenses, $318,000
for transfer to Departmental Management, Office of Inspector General,
and $356,000 for payment into miscellaneous receipts for the expenses of
the Department of the Treasury, for expenses of operation and
administration of the Black Lung Benefits program as authorized
[[Page 114 STAT. 2763A-8]]
by section 9501(d)(5) of that Act: Provided, That, in addition, such
amounts as may be necessary may be charged to the subsequent year
appropriation for the payment of compensation, interest, or other
benefits for any period subsequent to August 15 of the current year.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $425,983,000, including not to exceed $88,493,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act, which grants shall be
no less than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by the
Secretary under section 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $750,000 per fiscal
year of training institute course tuition fees, otherwise authorized by
law to be collected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized,
during the fiscal year ending September 30, 2001, to collect and retain
fees for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Occupational Safety and Health Act of
1970 which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Occupational Safety
and Health Act of 1970 with respect to any employer of 10 or fewer
employees who is included within a category having an occupational
injury lost workday case rate, at the most precise Standard Industrial
Classification Code for which such data are published, less than the
national average rate as such rates are most recently published by the
Secretary, acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
[[Page 114 STAT. 2763A-9]]
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $246,747,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including up to
$1,000,000 for mine rescue and recovery activities, which shall be
available only to the extent that fiscal year 2001 obligations for these
activities exceed $1,000,000; in addition, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for room,
board, tuition, and the sale of training materials, otherwise authorized
by law to be collected, to be available for mine safety and health
education and training activities, notwithstanding 31 U.S.C. 3302; and,
in addition, the Mine Safety and Health Administration may retain up to
$1,000,000 from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may utilize
such sums for such activities; the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations; and any funds available to
the department may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $374,327,000, together with not
to exceed $67,257,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund; and
$10,000,000 which shall be available for obligation for the period July
1, 2001 through June 30, 2002, for Occupational Employment Statistics.
[[Page 114 STAT. 2763A-10]]
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation, through
contracts, grants, or other arrangements of Departmental bilateral and
multilateral foreign technical assistance, of which the funds designated
to carry out bilateral assistance under the international child labor
initiative shall be available for obligation through September 30, 2002,
and $37,000,000 for the acquisition of Departmental information
technology, architecture, infrastructure, equipment, software, and
related needs which will be allocated by the Department's Chief
Information Officer in accordance with the Department's capital
investment management process to assure a sound investment strategy,
$380,529,000; together with not to exceed $310,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That no funds made available by this
Act may be used by the Solicitor of Labor to participate in a review in
any United States court of appeals of any decision made by the Benefits
Review Board under section 21 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 921) where such participation is precluded
by the decision of the United States Supreme Court in Director, Office
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S.
Ct. 1278 (1995), notwithstanding any provisions to the contrary
contained in Rule 15 of the Federal Rules of Appellate Procedure:
Provided further, That no funds made available by this Act may be used
by the Secretary of Labor to review a decision under the Longshore and
Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) that has been
appealed and that has been pending before the Benefits Review Board for
more than 12 months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than 1 year shall be
considered affirmed by the Benefits Review Board on the 1-year
anniversary of the filing of the appeal, and shall be considered the
final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any decision issued
under the Black Lung Benefits Act (30 U.S.C. 901 et seq.): Provided
further, That beginning in fiscal year 2001, there is established in the
Department of Labor an office of disability employment policy which
shall, under the overall direction of the Secretary, provide leadership,
develop policy and initiatives, and award grants furthering the
objective of eliminating barriers to the training and employment of
people with disabilities. Such office shall be headed by an Assistant
Secretary: Provided further, That of amounts provided under this head,
not more than $23,002,000 is for this purpose.
veterans employment and training
Not to exceed $186,913,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2001. To carry out the Stewart B.
McKinney Homeless Assistance
[[Page 114 STAT. 2763A-11]]
Act and section 168 of the Workforce Investment Act of 1998,
$24,800,000, of which $7,300,000 shall be available for obligation for
the period July 1, 2001 through June 30, 2002.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $50,015,000, together with not to exceed $4,770,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. Section 403(a)(5)(C)(viii) of the Social Security Act (42
U.S.C. 603(a)(5)(C)(viii)) (as amended by section 801(b)(1)(A) of the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113)) is amended by striking ``3
years'' and inserting ``5 years''.
Sec. 104. No funds appropriated in this Act or any other Act making
appropriations for fiscal year 2001 may be used to implement or enforce
the proposed and final regulations appearing in 65 Fed. Reg. 43528-
43583, regarding temporary alien labor certification applications and
petitions for admission of nonimmigrant workers, or any similar or
successor rule with an effective date prior to October 1, 2001:
Provided, That nothing in this section shall prohibit the development or
revision of such a rule, or the publication of any similar or successor
proposed or final rule, or the provision of training or technical
assistance, or other activities necessary and appropriate in preparing
to implement such a rule with an effective date after September 30,
2001.
Sec. 105. Section 218(c)(4) of the Immigration and Nationality Act
(8 U.S.C. 1188(c)(4)) is amended by adding at the end the following new
sentence: ``The determination as to whether the housing furnished by an
employer for an H-2A worker meets the requirements imposed by this
paragraph must be made prior to the date specified in paragraph (3)(A)
by which the Secretary of Labor is required to make a certification
described in subsection (a)(1) with respect to a petition for the
importation of such worker.''.
Sec. 106. Section 286(s)(6) of the Immigration and Naturalization
Act (8 U.S.C. 1356(s)(6)) is amended by inserting ``and section
212(a)(5)(A)'' after the second reference to ``section 212(n)(1)''.
[[Page 114 STAT. 2763A-12]]
Sec. 107. (a) Section 403(a)(5) of the Social Security Act (as
amended by section 806(b) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2000
(as enacted into law by section 1000(a)(4) of Public Law 106-113)) is
amended by striking subparagraph (E) and redesignating subparagraphs (F)
through (K) as subparagraphs (E) through (J), respectively.
(b) The Social Security Act (as amended by section 806(b) of the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(4) of Public Law 106-113)) is further amended as
follows:
(1) Section 403(a)(5)(A)(i) (42 U.S.C. 603(a)(5)(A)(i)) is
amended by striking ``subparagraph (I)'' and inserting
``subparagraph (H)''.
(2) Subclause (I) of each of subparagraphs (A)(iv) and
(B)(v) of section 403(a)(5) (42 U.S.C. 603(a)(5)(A)(iv)(I) and
(B)(v)(I)) is amended--
(A) in item (aa)--
(i) by striking ``(I)'' and inserting ``(H)'';
and
(ii) by striking ``(G), and (H)'' and
inserting ``and (G)''; and
(B) in item (bb), by striking ``(F)'' and inserting
``(E)''.
(3) Section 403(a)(5)(B)(v) (42 U.S.C. 603(a)(5)(B)(v)) is
amended in the matter preceding subclause (I) by striking
``(I)'' and inserting ``(H)''.
(4) Subparagraphs (E), (F), and (G)(i) of section 403(a)(5)
(42 U.S.C. 603(a)(5)), as so redesignated by subsection (a) of
this section, are each amended by striking ``(I)'' and inserting
``(H)''.
(5) Section 412(a)(3)(A) (42 U.S.C. 612(a)(3)(A)) is amended
by striking ``403(a)(5)(I)'' and inserting ``403(a)(5)(H)''.
(c) Section 403(a)(5)(H)(i)(II) of such Act (42 U.S.C.
603(a)(5)(H)(i)(II)) (as redesignated by subsection (a) of this section
and as amended by section 806(b) of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2000 (as enacted into law by section 1000(a)(4) of Public Law 106-113))
is further amended by striking ``$1,450,000,000'' and inserting
``$1,400,000,000''.
(d) The amendments made by subsections (a), (b), and (c) of this
section shall take effect on October 1, 2000.
This title may be cited as the ``Department of Labor Appropriations
Act, 2001''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of
the Public Health Service Act, section 427(a) of the Federal Coal Mine
Health and Safety Act, title V and section 1820 of the Social Security
Act, the Health Care Quality Improvement Act of 1986, as amended, the
Native Hawaiian Health Care Act of 1988, as amended, and the Poison
Control Center Enhancement and Awareness Act, $5,525,476,000, of which
$226,224,000 shall
[[Page 114 STAT. 2763A-13]]
be available for the construction and renovation of health care and
other facilities, and of which $25,000,000 from general revenues,
notwithstanding section 1820( j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That the
Division of Federal Occupational Health may utilize personal services
contracting to employ professional management/administrative and
occupational health professionals: Provided further, That of the funds
made available under this heading, $250,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, That in addition to fees authorized by
section 427(b) of the Health Care Quality Improvement Act of 1986, fees
shall be collected for the full disclosure of information under the Act
sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That fees collected for the full
disclosure of information under the ``Health Care Fraud and Abuse Data
Collection Program,'' authorized by section 1128E(d)(2) of the Social
Security Act, shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to carry out that
Act: Provided further, That no more than $5,000,000 is available for
carrying out the provisions of Public Law 104-73: Provided further, That
of the funds made available under this heading, $253,932,000 shall be
for the program under title X of the Public Health Service Act to
provide for voluntary family planning projects: Provided further, That
amounts provided to said projects under such title shall not be expended
for abortions, that all pregnancy counseling shall be nondirective, and
that such amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends to
promote public support or opposition to any legislative proposal or
candidate for public office: Provided further, That $589,000,000 shall
be for State AIDS Drug Assistance Programs authorized by section 2616 of
the Public Health Service Act: Provided further, That of the amount
provided under this heading, $700,000 shall be for the American
Federation of Negro Affairs Education and Research Fund of Philadelphia,
$900,000 shall be for the Des Moines University Osteopathic Medical
Center, $250,000 shall be for the University of Alaska, Anchorage, to
train Alaska Natives as psychologists, $900,000 shall be for
Northeastern University in Boston, Massachusetts, to train doctors to
serve in low-income communities, $500,000 shall be for the University of
Alaska, Anchorage, to recruit and train nurses in rural areas, and
$230,000 shall be for the Illinois Poison Center: Provided further,
That, notwithstanding section 502(a)(1) of the Social Security Act, not
to exceed $113,728,000 is available for carrying out special projects of
regional and national significance pursuant to section 501(a)(2) of such
Act, of which $5,000,000 is for Columbia Hospital for Women Medical
Center in Washington, D.C., to support community outreach programs for
women, $5,000,000 is for continuation of the traumatic brain injury
State demonstration projects, and $100,000 is for St. Joseph's Health
Services of Rhode Island for the Providence Smiles dental program for
low-income children.
For special projects of regional and national significance under
section 501(a)(2) of the Social Security Act, $30,000,000, which
[[Page 114 STAT. 2763A-14]]
shall become available on October 1, 2001, and shall remain available
until September 30, 2002: Provided, That such amount shall not be
counted toward compliance with the allocation required in section
502(a)(1) of such Act: Provided further, That such amount shall be used
only for making competitive grants to provide abstinence education (as
defined in section 510(b)(2) of such Act) to adolescents and for
evaluations (including longitudinal evaluations) of activities under the
grants and for Federal costs of administering the grants: Provided
further, That grants shall be made only to public and private entities
which agree that, with respect to an adolescent to whom the entities
provide abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding sexual conduct,
except that, in the case of an entity expressly required by law to
provide health information or services the adolescent shall not be
precluded from seeking health information or services from the entity in
a different setting than the setting in which the abstinence education
was provided: Provided further, That the funds expended for such
evaluations may not exceed 3.5 percent of such amount.
health education assistance loans program
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act, as
amended. For administrative expenses to carry out the guaranteed loan
program, including section 709 of the Public Health Service Act,
$3,679,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $2,992,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX, and XXVI of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20,
21, and 22 of the Occupational Safety and Health Act of 1970, title IV
of the Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and operation of
aircraft, $3,868,027,000, of which $175,000,000 shall remain available
until expended for the facilities master plan for equipment and
construction and renovation of facilities, and in addition, such sums as
may be derived from authorized user fees, which shall be credited to
this account, and of which $104,527,000 for international HIV/AIDS
programs shall remain available until September 30, 2002: Provided, That
in addition to amounts provided herein, up to
[[Page 114 STAT. 2763A-15]]
$71,690,000 shall be available from amounts available under section 241
of the Public Health Service Act to carry out the National Center for
Health Statistics Surveys: Provided further, That none of the funds made
available for injury prevention and control at the Centers for Disease
Control and Prevention may be used to advocate or promote gun control:
Provided further, That the Director may redirect the total amount made
available under authority of Public Law 101-502, section 3, dated
November 3, 1990, to activities the Director may so designate: Provided
further, That the Congress is to be notified promptly of any such
transfer: Provided further, That not to exceed $10,000,000 may be
available for making grants under section 1509 of the Public Health
Service Act to not more than 15 States: Provided further, That
notwithstanding any other provision of law, a single contract or related
contracts for development and construction of facilities may be employed
which collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18: Provided further,
That funds obligated for influenza vaccine stockpile in fiscal year 2000
and fiscal year 2001 shall be considered as appropriated under section 3
of Public Law 101-502.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $3,757,242,000.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,299,866,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $306,448,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,303,385,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,176,482,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$2,043,208,000.
[[Page 114 STAT. 2763A-16]]
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,535,823,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$976,455,000.
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$510,611,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$502,549,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $786,039,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $396,687,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$300,581,000.
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $104,370,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $340,678,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $781,327,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,107,028,000.
[[Page 114 STAT. 2763A-17]]
national human genome research institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $382,384,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $817,475,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants program
any amount for indirect expenses in connection with such grants:
Provided further, That $75,000,000 shall be for extramural facilities
construction grants.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty International
Center, $50,514,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$246,801,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2001,
the Library may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$89,211,000.
national center on minority health and health disparities
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $130,200,000.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $213,581,000, of which $48,271,000 shall
be for the Office of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed 20 passenger motor vehicles
for replacement only: Provided further, That the Director may direct up
to 1 percent of the total amount made available in this or any other Act
to all National Institutes of Health appropriations to activities the
Director may so designate: Provided further, That no such appropriation
shall be decreased by more than 1 percent by any such transfers and that
the Congress is promptly notified of the transfer: Provided further,
That the National Institutes of Health is authorized to collect third
party payments for the cost of clinical services that are incurred in
[[Page 114 STAT. 2763A-18]]
National Institutes of Health research facilities and that such payments
shall be credited to the National Institutes of Health Management Fund:
Provided further, That all funds credited to the National Institutes of
Health Management Fund shall remain available for 1 fiscal year after
the fiscal year in which they are deposited: Provided further, That up
to $500,000 shall be available to carry out section 499 of the Public
Health Service Act: Provided further, That, notwithstanding section
499(k)(10) of the Public Health Service Act, funds from the Foundation
for the National Institutes of Health may be transferred to the National
Institutes of Health.
buildings and facilities
For the study of, construction of, and acquisition of equipment for,
facilities of or used by the National Institutes of Health, including
the acquisition of real property, $153,790,000, to remain available
until expended, of which $47,300,000 shall be for the National
Neuroscience Research Center: Provided, That notwithstanding any other
provision of law, a single contract or related contracts for the
development and construction of the first phase of the National
Neuroscience Research Center may be employed which collectively include
the full scope of the project: Provided further, That the solicitation
and contract shall contain the clause ``availability of funds'' found at
48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $2,958,001,000, of which $24,605,000 shall be available for
the projects and in the amounts specified in the statement of the
managers on the conference report accompanying this Act.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, $104,963,000; in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
926(b) of the Public Health Service Act shall not exceed $164,980,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $93,586,251,000, to remain available until
expended.
[[Page 114 STAT. 2763A-19]]
For making, after May 31, 2001, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2001 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2002, $36,207,551,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $70,381,600,000.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $2,246,326,000, to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $18,000,000 appropriated under this heading for the
managed care system redesign shall remain available until expended:
Provided further, That $20,000,000 of the amount available for research,
demonstration, and evaluation activities shall be available to continue
carrying out demonstration projects on Medicaid coverage of community-
based attendant care services for people with disabilities which ensures
maximum control by the consumer to select and manage their attendant
care services: Provided further, That the Secretary of Health and Human
Services is directed to enter into an agreement with the Mind-Body
Institute of Boston, Massachusetts, to conduct a demonstration of a
lifestyle modification program: Provided further, That $2,800,000 of the
amount available for research, demonstration, and evaluation activities
shall be awarded for administration, evaluation, quality monitoring and
peer review of this lifestyle modification demonstration: Provided
further, That $2,800,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded
[[Page 114 STAT. 2763A-20]]
to a joint application from the University of Pittsburgh, Case Western
Reserve in Cleveland, Ohio, and Mt. Sinai Hospital in Miami, Florida, to
use integrated nursing services and technology to implement daily
monitoring of congestive heart failure patients in underserved
populations in accordance with established clinical guidelines: Provided
further, That $500,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded to the
University of Pittsburgh Medical Center and University of Pennsylvania
for a study of the efficacy of surgical versus non-surgical management
of abdominal aneurysms: Provided further, That $650,000 of the amount
available for research, demonstration, and evaluation activities shall
be awarded to the Vascular Surgery Outcome Initiative at Dartmouth
College: Provided further, That up to $300,000 of the amount available
for research, demonstration, and evaluation activities shall be awarded
to the United States-Mexico Border Counties Coalition for a study to
determine the unreimbursed costs incurred to treat undocumented aliens
for medical emergencies in southwest border States, their border
counties, and hospitals within the jurisdiction of these States and
counties: Provided further, That $1,700,000 of the amount available for
research, demonstration, and evaluation activities shall be awarded to
the AIDS Healthcare Foundation in Los Angeles for a demonstration of
residential and outpatient treatment facilities: Provided further, That
$350,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the Cook County, Illinois
Bureau of Health for the Asthma Champion Initiative demonstration to
reduce morbidity and mortality from asthma in high prevalence areas:
Provided further, That $1,000,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded to the West
Virginia University School of Medicine's Eye Center to test
interventions and improve the quality of life for individuals with low
vision, with a particular focus on the elderly: Provided further, That
$1,000,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the Iowa Department of Public
Health for the establishment and operation of a mercantile prescription
drug purchasing cooperative or non-profit corporation demonstration:
Provided further, That $691,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded to Ohio State
University to determine the benefits of compliance packaging: Provided
further, That $855,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded to Children's
Hospice International for a demonstration project to provide a continuum
of care for children with life-threatening conditions and their
families: Provided further, That $921,000 of the amount available for
research, demonstration, and evaluation activities shall be awarded to
Equip for Equality for a demonstration project to document the impact of
an independent investigative unit that will examine deaths or other
serious allegations of abuse and neglect of people with disabilities at
facilities in Illinois: Provided further, That $1,000,000 of the amount
available for research, demonstration, and evaluation activities shall
be awarded to Duke University Medical Center to demonstrate the
potential savings in the Medicare program of a reimbursement system
based on preventative care: Provided further, That $1,843,000 of the
amount available for research, demonstration, and evaluation activities
shall be awarded to Bucks County,
[[Page 114 STAT. 2763A-21]]
Pennsylvania, for a health improvement project: Provided further, That
$255,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the LA Care Health Plan in Los
Angeles, California, for a demonstration program to improve clinical
data coordination among Medicaid providers: Provided further, That
$646,000 of the amount available for research, demonstration, and
evaluation activities shall be for the Shelby County Regional Medical
Center to establish a Master Patient Index to determine patient
Medicaid/TennCare eligibility: Provided further, That the Secretary of
Health and Human Services is directed to collect fees in fiscal year
2001 from Medicare+Choice organizations pursuant to section 1857(e)(2)
of the Social Security Act and from eligible organizations with risk-
sharing contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 2001, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $2,441,800,000, to remain
available until expended; and for such purposes for the first quarter of
fiscal year 2002, $1,000,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
[[Page 114 STAT. 2763A-22]]
low income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, in addition to amounts already appropriated
for fiscal year 2001, $300,000,000.
For making payments under title XXVI of the Omnibus Reconciliation
Act of 1981, $300,000,000: Provided, That these funds are hereby
designated by the Congress to be emergency requirements pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That these funds shall be made
available only after submission to the Congress of a formal budget
request by the President that includes designation of the entire amount
of the request as an emergency requirement as defined in such Act.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $423,109,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act for fiscal year
2001 shall be available for the costs of assistance provided and other
activities through September 30, 2003: Provided further, That up to
$5,000,000 is available to carry out the Trafficking Victims Protection
Act of 2000.
For carrying out section 5 of the Torture Victims Relief Act of 1998
(Public Law 105-320), $10,000,000.
payments to states for the child care and development block grant
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), in addition to amounts already appropriated for fiscal
year 2001, $817,328,000, such funds shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That of the funds appropriated for fiscal
year 2001, $19,120,000 shall be available for child care resource and
referral and school-aged child care activities, of which $1,000,000
shall be for the Child Care Aware toll free hotline: Provided further,
That of the funds appropriated for fiscal year 2001, in addition to the
amounts required to be reserved by the States under section 658G,
$272,672,000 shall be reserved by the States for activities authorized
under section 658G, of which $100,000,000 shall be for activities that
improve the quality of infant and toddler child care: Provided further,
That of the funds appropriated for fiscal year 2001, $10,000,000 shall
be for use by the Secretary for child care research, demonstration, and
evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,725,000,000: Provided, That notwithstanding section
2003(c) of such Act, as amended, the amount specified for allocation
under such section for fiscal year 2001 shall be $1,725,000,000:
Provided further, That, notwithstanding subparagraph (B) of section
404(d)(2) of such Act, the applicable percent
[[Page 114 STAT. 2763A-23]]
specified under such subparagraph for a State to carry out State
programs pursuant to title XX of such Act shall be 10 percent.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, the Native American Programs Act of 1974, title II of
Public Law 95-266 (adoption opportunities), the Adoption and Safe
Families Act of 1997 (Public Law 105-89), the Abandoned Infants
Assistance Act of 1988, the Early Learning Opportunities Act, part B(1)
of title IV and sections 413, 429A, 1110, and 1115 of the Social
Security Act, and sections 40155, 40211, and 40241 of Public law 103-
322; for making payments under the Community Services Block Grant Act,
section 473A of the Social Security Act, and title IV of Public Law 105-
285, and for necessary administrative expenses to carry out said Acts
and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act,
the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
Reconciliation Act of 1981, title IV of the Immigration and Nationality
Act, section 501 of the Refugee Education Assistance Act of 1980,
section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-
320), sections 40155, 40211, and 40241 of Public Law 103-322 and section
126 and titles IV and V of Public Law 100-485, $7,956,345,000, of which
$43,000,000, to remain available until September 30, 2002, shall be for
grants to States for adoption incentive payments, as authorized by
section 473A of title IV of the Social Security Act (42 U.S.C. 670-679)
and may be made for adoptions completed in fiscal years 1999 and 2000;
of which $682,876,000 shall be for making payments under the Community
Services Block Grant Act; and of which $6,200,000,000 shall be for
making payments under the Head Start Act, of which $1,400,000,000 shall
become available October 1, 2001 and remain available through September
30, 2002: Provided, That to the extent Community Services Block Grant
funds are distributed as grant funds by a State to an eligible entity as
provided under the Act, and have not been expended by such entity, they
shall remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible property which permits grant
funds, or intangible assets acquired with funds authorized under section
680 of the Community Services Block Grant Act, as amended, to become the
sole property of such grantees after a period of not more than 12 years
after the end of the grant for purposes and uses consistent with the
original grant.
Funds appropriated for fiscal year 2001 under section 429A(e), part
B of title IV of the Social Security Act shall be reduced by $6,000,000.
Funds appropriated for fiscal year 2001 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
[[Page 114 STAT. 2763A-24]]
promoting safe and stable families
For carrying out section 430 of the Social Security Act,
$305,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $4,863,100,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2002, $1,735,900,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $1,103,135,000, of which $5,000,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and adverse drug reactions: Provided, That
notwithstanding section 308(b)(1) of the Older Americans Act of 1965, as
amended, the amounts available to each State for administration of the
State plan under title III of such Act shall be reduced not more than 5
percent below the amount that was available to such State for such
purpose for fiscal year 1995.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act, and the
United States-Mexico Border Health Commission Act, $285,224,000,
together with $5,851,000, to be transferred and expended as authorized
by section 201(g)(1) of the Social Security Act from the Hospital
Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund:
Provided further, That of the funds made available under this heading
for carrying out title XX of the Public Health Service Act, $10,377,000
shall be for activities specified under section 2003(b)(2), of which
$10,157,000 shall be for prevention service demonstration grants under
section 510(b)(2) of title V of the Social Security Act, as amended,
without application of the limitation of section 2010(c) of said title
XX: Provided further, That no funds shall be obligated for minority AIDS
prevention and treatment activities until the Department of Health and
Human Services submits an operating plan to the House and Senate
Committees on Appropriations.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $33,849,000: Provided, That of such amount, necessary sums are
available for providing protective services to the Secretary and
investigating non-payment of child support cases
[[Page 114 STAT. 2763A-25]]
for which non-payment is a Federal offense under 18 U.S.C. 228, each of
which activities is hereby authorized in this and subsequent fiscal
years.
office for civil rights
For expenses necessary for the Office for Civil Rights, $24,742,000,
together with not to exceed $3,314,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $16,738,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $241,231,000: Provided, That this amount is distributed as
follows: Centers for Disease Control and Prevention, $181,131,000, of
which $32,000,000 shall be for the Health Alert Network and $18,040,000
shall be for the continued study of the anthrax vaccine; and Office of
Emergency Preparedness, $60,100,000.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary
[[Page 114 STAT. 2763A-26]]
of an individual, through a grant or other extramural mechanism, at a
rate in excess of Executive Level I.
Sec. 205. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the Public Health Service Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in the Department of Health and
Human Services, prior to the Secretary's preparation and submission of a
report to the Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Health and Human Services in this Act may be
transferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided, That
the Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.
Sec. 207. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes, centers, and divisions from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 208. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of the
National Institutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ``Office of AIDS Research''
account. The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
Sec. 209. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 210. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
[[Page 114 STAT. 2763A-27]]
Sec. 211. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
Sec. 212. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
1999, and 2000'' and inserting ``1997, 1998, 1999, 2000,
and 2001''; and
(B) in subsection (e), by striking ``October 1,
2000'' each place it appears and inserting ``October 1,
2001''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2000'' and inserting
``September 30, 2001''.
Sec. 213. None of the funds provided in this Act or in any other Act
making appropriations for fiscal year 2001 may be used to administer or
implement in Arizona or in the Kansas City, Missouri or in the Kansas
City, Kansas area the Medicare Competitive Pricing Demonstration Project
(operated by the Secretary of Health and Human Services).
Sec. 214. (a) Except as provided by subsection (e) none of the funds
appropriated by this Act may be used to withhold substance abuse funding
from a State pursuant to section 1926 of the Public Health Service Act
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health
and Human Services by March 1, 2001 that the State will commit
additional State funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses the
retailer compliance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2001
for tobacco prevention programs and for compliance activities at a level
that is not less than the level of such expenditures maintained by the
State for fiscal year 2000, and adding to that level the additional
funds for tobacco compliance activities required under subsection (a).
The State is to submit a report to the Secretary on all fiscal year 2000
State expenditures and all fiscal year 2001 obligations for tobacco
prevention and compliance activities by program activity by July 31,
2001.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2001.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.
[[Page 114 STAT. 2763A-28]]
Sec. 215. Section 448 of the Public Health Service Act (42 U.S.C.
285g) is amended by inserting ``gynecologic health,'' after ``with
respect to''.
Sec. 216. None of the funds appropriated under this Act shall be
expended by the National Institutes of Health on a contract for the care
of the 288 chimpanzees acquired by the National Institutes of Health
from the Coulston Foundation, unless the contractor is accredited by the
Association for the Assessment and Accreditation of Laboratory Animal
Care International or has a Public Health Services assurance, and has
not been charged multiple times with egregious violations of the Animal
Welfare Act: Provided, That the requirements of section 481(A)(e)(1)
shall not apply to funds awarded to nonhuman primate research facilities
of special interest to NIH.
Sec. 217. No grants may be awarded under the first paragraph under
the heading ``Department of Health and Human Services, Health Resources
and Services Administration, Health Resources and Services'' in chapter
4 of title II of the Emergency Supplemental Act, 2000 (Public Law 106-
246, division B) until March 1, 2001.
Sec. 218. (a) The second sentence of section 5948(d) of title 5,
United States Code, is amended to read as follows: ``No agreement shall
be entered into under this section later than September 30, 2005, nor
shall any agreement cover a period of service extending beyond September
30, 2007.''.
(b) Section 3 of the Federal Physicians Comparability Allowance Act
of 1978 (5 U.S.C. 5948 note) is amended by striking ``September 30,
2002'' and inserting ``September 30, 2007''.
Sec. 219. (a) Congress makes the following findings:
(1) Organ procurement organizations play an important role
in the effort to increase organ donation in the United States.
(2) The current process for the certification and
recertification of organ procurement organizations conducted by
the Department of Health and Human Services has created a level
of uncertainty that is interfering with the effectiveness of
organ procurement organizations in raising the level of organ
donation.
(3) The General Accounting Office, the Institute of
Medicine, and the Harvard School of Public Health have
identified substantial limitations in the organ procurement
organization certification and recertification process and have
recommended changes in that process.
(4) The limitations in the recertification process include:
(A) An exclusive reliance on population-based
measures of performance that do not account for the
potential in the population for organ donation and do
not permit consideration of other outcome and process
standards that would more accurately reflect the
relative capability and performance of each organ
procurement organization.
(B) A lack of due process to appeal to the Secretary
of Health and Human Services for recertification on
either substantive or procedural grounds.
(5) The Secretary of Health and Human Services has the
authority under section 1138(b)(1)(A)(i) of the Social Security
Act (42 U.S.C. 1320b-8(b)(1)(A)(i)) to extend the period for
recertification of an organ procurement organization from 2
[[Page 114 STAT. 2763A-29]]
to 4 years on the basis of its past practices in order to avoid
the inappropriate disruption of the nation's organ system.
(6) The Secretary of Health and Human Services can use the
extended period described in paragraph (5) for recertification
of all organ procurement organizations to--
(A) develop improved performance measures that would
reflect organ donor potential and interim outcomes, and
to test these measures to ensure that they accurately
measure performance differences among the organ
procurement organizations; and
(B) improve the overall certification process by
incorporating process as well as outcome performance
measures, and developing equitable processes for
appeals.
(b) Section 371(b)(1) of the Public Health Service Act (42 U.S.C.
273(b)(1)) is amended--
(1) by redesignating subparagraphs (D) through (G) as
subparagraphs (E) through (H), respectively;
(2) by realigning the margin of subparagraph (F) (as so
redesignated) so as to align with subparagraph (E) (as so
redesignated); and
(3) by inserting after subparagraph (C) the following:
``(D) notwithstanding any other provision of law, has met
the other requirements of this section and has been certified or
recertified by the Secretary within the previous 4-year period
as meeting the performance standards to be a qualified organ
procurement organization through a process that either--
``(i) granted certification or recertification
within such 4-year period with such certification or
recertification in effect as of January 1, 2000, and
remaining in effect through the earlier of--
``(I) January 1, 2002; or
``(II) the completion of recertification under
the requirements of clause (ii); or
``(ii) is defined through regulations that are
promulgated by the Secretary by not later than January
1, 2002, that--
``(I) require recertifications of qualified
organ procurement organizations not more
frequently than once every 4 years;
``(II) rely on outcome and process performance
measures that are based on empirical evidence,
obtained through reasonable efforts, of organ
donor potential and other related factors in each
service area of qualified organ procurement
organizations;
``(III) use multiple outcome measures as part
of the certification process; and
``(IV) provide for a qualified organ
procurement organization to appeal a
decertification to the Secretary on substantive
and procedural grounds;''.
Sec. 220. (a) In order for the Centers for Disease Control and
Prevention to carry out international HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health activities
abroad during fiscal year 2001, the Secretary of Health and Human
Services is authorized to--
(1) utilize the authorities contained in subsection 2(c) of
the State Department Basic Authorities Act of 1956, as amended,
subject to the limitations set forth in subsection (b), and
[[Page 114 STAT. 2763A-30]]
(2) enter into reimbursable agreements with the Department
of State using any funds appropriated to the Department of
Health and Human Services, for the purposes for which the funds
were appropriated in accordance with authority granted to the
Secretary of Health and Human Services or under authority
governing the activities of the Department of State.
(b) In exercising the authority set forth in subsection (a)(1), the
Secretary of Health and Human Services--
(1) shall not award contracts for performance of an
inherently governmental function; and
(2) shall follow otherwise applicable Federal procurement
laws and regulations to the maximum extent practicable.
Sec. 221. Notwithstanding any other provision of law, the Director,
National Institutes of Health, may enter into and administer a long-term
lease for facilities for the purpose of providing laboratory, office and
other space for biomedical and behavioral research at the Bayview Campus
in Baltimore, Maryland: Provided, That the House and Senate
Appropriations Committees will be notified of the terms and conditions
of the lease upon its execution.
Sec. 222. Of the funds appropriated in this Act for the National
Institutes of Health, $5,800,000 shall be transferred to the Office of
the Secretary, General Departmental Management to support the newly
established Office for Human Research Protections.
Sec. 223. Section 487E(a)(1) of the Public Health Service Act is
amended by striking ``as employees of the National Institutes of
Health''.
Sec. 224. Notwithstanding any other provision of law relating to
vacancies in offices for which appointments must be made by the
President, including any time limitation on serving in an acting
capacity, the Acting Director of the National Institutes of Health as of
January 12, 2000, may serve in that position until a new Director of the
National Institutes of Health is confirmed by the Senate.
Sec. 225. The National Neuroscience Research Center to be
constructed on the National Institutes of Health Bethesda campus is
hereby named the John Edward Porter Neuroscience Research Center.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2001''.
TITLE III--DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by title IV of the Goals
2000: Educate America Act as in effect prior to September 30, 2000, and
sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III, and
section 10105 and part I of title X of the Elementary and Secondary
Education Act of 1965, $1,880,710,000, of which $38,000,000 shall be for
the Goals 2000: Educate America Act, and of which $191,950,000 shall be
for section 3122: Provided, That up to one-half of 1 percent of the
amount available under section 3132 shall be set aside for the outlying
areas, to be distributed on the basis of their relative need as
determined by the Secretary in accordance with the purposes of the
program: Provided further, That if any State educational agency does not
apply for a grant under section 3132, that State's allotment under
section
[[Page 114 STAT. 2763A-31]]
3131 shall be reserved by the Secretary for grants to local educational
agencies in that State that apply directly to the Secretary according to
the terms and conditions published by the Secretary in the Federal
Register: Provided further, That with respect to all funds appropriated
to carry out section 10901 et seq. in this Act, the Secretary shall
strongly encourage applications for grants that are to be submitted
jointly by a local educational agency (or a consortium of local
educational agencies) and a community-based organization that has
experience in providing before- and after-school services and all
applications submitted to the Secretary shall contain evidence that the
project contains elements that are designed to assist students in
meeting or exceeding State and local standards in core academic
subjects, as appropriate to the needs of participating children:
Provided further, That $125,000,000, which shall become available on
July 1, 2001, and remain available through September 30, 2002, shall be
available to support activities under section 10105 of part A of title X
of the Elementary and Secondary Education Act of 1965, of which up to 6
percent shall become available October 1, 2000, and be available for
evaluation, technical assistance, school networking, peer review of
applications, and program outreach activities: Provided further, That
funds made available to local educational agencies under this section
shall be used only for activities related to establishing smaller
learning communities in high schools: Provided further, That $46,328,000
of the funds available to carry out section 3136 of the Elementary and
Secondary Education Act of 1965, $8,768,000 of the funds available to
carry out part B of title III of that Act and $20,614,000 of the funds
available to carry out part I of title X of that Act shall be available
for the projects and in the amounts specified in the statement of the
managers on the conference report accompanying this Act.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act of 1965,
$9,532,621,000, of which $2,731,921,000 shall become available on July
1, 2001, and shall remain available through September 30, 2002, and of
which $6,758,300,000 shall become available on October 1, 2001 and shall
remain available through September 30, 2002, for academic year 2001-
2002: Provided, That $7,332,721,000 shall be available for basic grants
under section 1124: Provided further, That $225,000,000 of these funds
shall be allocated among the States in the same proportion as funds are
allocated among the States under section 1122, to carry out section
1116(c): Provided further, That 100 percent of these funds shall be
allocated by States to local educational agencies for the purposes of
carrying out section 1116(c): Provided further, That all local
educational agencies receiving an allocation under the preceding
proviso, and all other local educational agencies that are within a
State that receives funds under part A of title I of the Elementary and
Secondary Education Act of 1965 (other than a local educational agency
within a State receiving a minimum grant under section 1124(d) or
1124A(a)(1)(B) of such Act), shall provide all students enrolled in a
school identified under section 1116(c) with the option to transfer to
another public school within the local educational agency, including a
public charter school, that has not been identified for school
improvement under section
[[Page 114 STAT. 2763A-32]]
1116(c), unless such option to transfer is prohibited by State law, or
local law, which includes school board-approved local educational agency
policy: Provided further, That if the local educational agency
demonstrates to the satisfaction of the State educational agency that
the local educational agency lacks the capacity to provide all students
with the option to transfer to another public school, and after giving
notice to the parents of children affected that it is not possible,
consistent with State and local law, to accommodate the transfer request
of every student, the local educational agency shall permit as many
students as possible (who shall be selected by the local educational
agency on an equitable basis) to transfer to a public school that has
not been identified for school improvement under section 1116(c):
Provided further, That up to $3,500,000 of these funds shall be
available to the Secretary on October 1, 2000, to obtain updated local
educational agency level census poverty data from the Bureau of the
Census: Provided further, That $1,364,000,000 shall be available for
concentration grants under section 1124A: Provided further, That grant
awards under sections 1124 and 1124A of title I of the Elementary and
Secondary Education Act of 1965 shall be not less than the greater of
100 percent of the amount each State and local educational agency
received under this authority for fiscal year 2000 or the amount such
State and local educational agency would receive if $6,883,503,000 for
Basic Grants and $1,222,397,000 for Concentration Grants were allocated
in accordance with section 1122(c)(3) of title I: Provided further, That
notwithstanding any other provision of law, grant awards under section
1124A of title I of the Elementary and Secondary Education Act of 1965
shall be made to those local educational agencies that received a
Concentration Grant under the Department of Education Appropriations
Act, 2000, but are not eligible to receive such a grant for fiscal year
2001: Provided further, That the Secretary shall not take into account
the hold harmless provisions in this section in determining State
allocations under any other program administered by the Secretary in any
fiscal year: Provided further, That $8,900,000 shall be available for
evaluations under section 1501 and not more than $8,500,000 shall be
reserved for section 1308, of which not more than $3,000,000 shall be
reserved for section 1308(d): Provided further, That $210,000,000 shall
be available under section 1002(g)(2) to demonstrate effective
approaches to comprehensive school reform to be allocated and expended
in accordance with the instructions relating to this activity in the
statement of the managers on the conference report accompanying Public
Law 105-78 and in the statement of the managers on the conference report
accompanying Public Law 105-277: Provided further, That in carrying out
this initiative, the Secretary and the States shall support only
approaches that show the most promise of enabling children served by
title I to meet challenging State content standards and challenging
State student performance standards based on reliable research and
effective practices, and include an emphasis on basic academics and
parental involvement.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $993,302,000, of which $882,000,000
shall be for basic support payments under section
[[Page 114 STAT. 2763A-33]]
8003(b), $50,000,000 shall be for payments for children with
disabilities under section 8003(d), $12,802,000 shall be for
construction under section 8007, $40,500,000 shall be for Federal
property payments under section 8002, and $8,000,000, to remain
available until expended, shall be for facilities maintenance under
section 8008: Provided, That $6,802,000 of the funds for section 8007
shall be available for the local educational agencies and in the amounts
specified in the statement of the managers on the conference report
accompanying this Act: Provided further, That from the amount
appropriated for section 8002, the Secretary shall treat as timely
filed, and shall process for payment, an application for a fiscal year
1999 payment from Academy School District 20, Colorado, under that
section if the Secretary has received that application not later than 30
days after the enactment of this Act: Provided further, That the
Secretary of Education shall consider the local educational agency
serving the Kadoka School District, 35-1, in South Dakota, eligible for
payments under section 8002 for fiscal year 2001 and each succeeding
fiscal year, with respect to land in Washabaugh and Jackson Counties,
South Dakota, that is owned by the Department of Defense and used as a
bombing range: Provided further, That from the amount appropriated for
section 8002, the Secretary shall first increase the payment of any
local educational agency that was denied funding or had its payment
reduced under that section for fiscal year 1998 due to section
8002(b)(1)(C) to the amount that would have been made without the
limitation of that section: Provided further, That from the amount
appropriated for section 8002, $500,000 shall be for subsection 8002(
j).
school improvement programs
For carrying out school improvement activities authorized by titles
II, IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary
Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless Assistance
Act; and the Civil Rights Act of 1964 and part B of title VIII of the
Higher Education Amendments of 1998; $4,872,084,000, of which
$2,403,750,000 shall become available on July 1, 2001, and remain
available through September 30, 2002, and of which $1,765,000,000 shall
become available on October 1, 2001 and shall remain available through
September 30, 2002 for academic year 2001-2002: Provided, That
$485,000,000 shall be available for Eisenhower professional development
State grants under part B of title II of the Elementary and Secondary
Education Act of 1965: Provided further, That each local educational
agency shall use funds in excess of the allocation it received under
such part for the preceding fiscal year to improve teacher quality by
reducing the percentage of teachers who do not have State certification
or are certified through emergency or provisional means; are teaching
out of field in some or all of the subject areas and grade levels in
which they teach; or who lack sufficient content knowledge to teach
effectively in the areas they teach to obtain that knowledge: Provided
further, That the local educational agency may also use such excess
funds for: activities authorized under section 2210 of the Elementary
and Secondary Education Act of 1965; mentoring programs for new
teachers; providing opportunities for teachers to attend multi-week
institutes, such as those provided in the summer months, that provide
intensive professional development in partnership with local educational
agencies; and carrying out initiatives to promote the retention of
[[Page 114 STAT. 2763A-34]]
highly qualified teachers who have a record of success in helping low-
achieving students improve their academic success: Provided further,
That each State educational agency may use such excess funds to carry
out activities under section 2207 of the Elementary and Secondary
Education Act of 1965: Provided further, That each State agency for
higher education may use such excess funds to carry out activities under
section 2211 of the Elementary and Secondary Education Act of 1965:
Provided further, That both State educational agencies and State
agencies for higher education may also use such excess funds for multi-
week institutes, such as those provided in the summer months, that
provide intensive professional development in partnership with local
educational agencies; and grants to partnerships of such entities as
local educational agencies, institutions of higher education, and
private business, to recruit, and prepare, and provide professional
development to, and help retain, school principals and superintendents,
especially for such individuals who serve, or are preparing to serve, in
high-poverty, low-performing schools and local educational agencies:
Provided further, That such activities may be undertaken in consortium
with other States: Provided further, That of the funds appropriated for
part B of title II of the Elementary and Secondary Education Act of
1965, $45,000,000 shall be available to States and allocated in
accordance with section 2202(b) of that Act (except that the
requirements of section 2203 shall not apply): Provided further, That
notwithstanding any other provision of law, each State shall use the
amount made available under the preceding proviso to support efforts to
meet the requirements for State eligibility for the Ed-Flex Partnership
Act of 1999 or the requirements under section 1111 of title I of the
Elementary and Secondary Education Act of 1965: Provided further, That
$44,000,000 shall be available for national activities under section
2102 of the Elementary and Secondary Education Act of 1965: Provided
further, That of the amount available in the preceding proviso,
$3,000,000 shall be made available to the Secretary for the Troops-to-
Teachers Program for transfer to the Defense Activity for Non-
Traditional Education Support of the Department of Defense: Provided
further, That the funds transferred under the preceding proviso shall be
used by the Secretary of Defense to administer the Troops-to-Teachers
Program, including the selection of participants in the Program under
the Troops-to-Teachers Program Act of 1999 (title XVII of Public Law
106-65; 20 U.S.C. 9301 et seq.): Provided further, That for purposes of
sections 1702(b) and (c) of the Troops-to-Teachers Program Act of 1999,
the Secretary of Education shall be the administering Secretary and may,
at the Secretary's discretion, carry out the activities under section
1702(c) of that Act and retain a portion of the funds made available for
the Troops-to-Teachers Program to carry out section 1702(b) and (c) of
that Act: Provided further, That of the amount made available under this
heading for national activities under section 2102 of the Elementary and
Secondary Education Act of 1965, the Secretary is authorized to use a
portion of such funds to carry out activities to improve the knowledge
and skills of early childhood educators and caregivers who work in urban
or rural communities with high concentrations of young children living
in poverty: Provided further, That of the amount appropriated,
$3,208,000,000 shall be for title VI of the Elementary and Secondary
Education Act of 1965 and to carry out activities under part B of the
Individuals with Disabilities
[[Page 114 STAT. 2763A-35]]
Education Act (20 U.S.C. 1411 et seq.): Provided further, That of the
amount made available for title VI, $1,623,000,000 shall be available,
notwithstanding any other provision of law, in accordance with section
306 of this Act in order to reduce class size, particularly in the early
grades, using highly qualified teachers to improve educational
achievement for regular and special needs children: Provided further,
That of the amount made available for title VI, $1,200,000,000 shall be
available, notwithstanding any other provision of law, for grants for
school repair and renovation, activities under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.), and technology
activities, in accordance with section 321 of this Act: Provided
further, That funds made available under this heading to carry out
section 6301(b) of the Elementary and Secondary Education Act of 1965
shall be available for education reform projects that provide same
gender schools and classrooms, consistent with applicable law: Provided
further, That of the amount made available to carry out activities
authorized under part C of title IX of the Elementary and Secondary
Education Act of 1965, $1,000,000 shall be for the Alaska Humanities
Forum for operation of the Rose student exchange program and $1,000,000
shall be for the Alaska Native Heritage Center to support its program of
cultural education activities: Provided further, That of the amount made
available for subpart 2 of part A of title IV of the Elementary and
Secondary Education Act of 1965, $10,000,000, to remain available until
expended, shall be for Project School Emergency Response to Violence to
provide education-related services to local educational agencies in
which the learning environment has been disrupted due to a violent or
traumatic crisis.
reading excellence
For necessary expenses to carry out the Reading Excellence Act,
$91,000,000, which shall become available on July 1, 2001 and shall
remain available through September 30, 2002 and $195,000,000 which shall
become available on October 1, 2001 and remain available through
September 30, 2002.
indian education
For expenses necessary to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education Act
of 1965, as amended, $115,500,000.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary and Secondary
Education Act of 1965, $460,000,000: Provided, That State educational
agencies may use all, or any part of, their part C allocation for
competitive grants to local educational agencies.
special education
For carrying out the Individuals with Disabilities Education Act,
$7,439,948,000, of which $2,090,452,000 shall become available for
obligation on July 1, 2001, and shall remain available through September
30, 2002, and of which $5,072,000,000 shall become
[[Page 114 STAT. 2763A-36]]
available on October 1, 2001 and shall remain available through
September 30, 2002, for academic year 2001-2002: Provided, That
$9,500,000 shall be for Recording for the Blind and Dyslexic to support
the development, production, and circulation of recorded educational
materials: Provided further, That $1,500,000 shall be for the recipient
of funds provided by Public Law 105-78 under section 687(b)(2)(G) of the
Act to provide information on diagnosis, intervention, and teaching
strategies for children with disabilities: Provided further, That
$7,353,000 of the funds for section 672 of the Act shall be available
for the projects and in the amounts specified in the statement of the
managers on the conference report accompanying this Act.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $2,805,339,000: Provided, That the
funds provided for title I of the Assistive Technology Act of 1998
(``the AT Act'') shall be allocated notwithstanding section 105(b)(1) of
the AT Act: Provided further, That each State shall be provided $50,000
for activities under section 102 of the AT Act: Provided further, That
$15,000,000 shall be used to support grants for up to 3 years to States
under title III of the AT Act, of which the Federal share shall not
exceed 75 percent in the first year, 50 percent in the second year, and
25 percent in the third year, and that the requirements in section
301(c)(2) and section 302 of that Act shall not apply to such grants:
Provided further, That $4,600,000 of the funds for section 303 of the
Rehabilitation Act of 1973 shall be available for the projects and in
the amounts specified in the statement of the managers on the conference
report accompanying this Act: Provided further, That $400,000 of the
funds for title II of the Rehabilitation Act of 1973 shall be for the
Cerebral Palsy Research Foundation in Wichita, Kansas for the
establishment of a Rehabilitation Research and Training Center to study
and recommend incentives for employers to hire persons with significant
disabilities.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
et seq.), $12,000,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$53,376,000, of which $5,376,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet
[[Page 114 STAT. 2763A-37]]
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $89,400,000: Provided, That from the
total amount available, the University may at its discretion use funds
for the endowment program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act, the Adult Education and
Family Literacy Act, and title VIII-D of the Higher Education Act of
1965, as amended, and Public Law 102-73, $1,825,600,000, of which
$1,000,000 shall remain available until expended, and of which
$1,028,000,000 shall become available on July 1, 2001 and shall remain
available through September 30, 2002 and of which $791,000,000 shall
become available on October 1, 2001 and shall remain available through
September 30, 2002: Provided, That of the amounts made available for the
Carl D. Perkins Vocational and Technical Education Act, $5,600,000 shall
be for tribally controlled postsecondary vocational and technical
institutions under section 117: Provided further, That $9,000,000 shall
be for carrying out section 118 of such Act: Provided further, That of
the amounts made available for the Carl D. Perkins Vocational and
Technical Education Act, $5,000,000 shall be for demonstration
activities authorized by section 207: Provided further, That of the
amount provided for Adult Education State Grants, $70,000,000 shall be
made available for integrated English literacy and civics education
services to immigrants and other limited English proficient populations:
Provided further, That of the amount reserved for integrated English
literacy and civics education, notwithstanding section 211 of the Adult
Education and Family Literacy Act, 65 percent shall be allocated to
States based on a State's absolute need as determined by calculating
each State's share of a 10-year average of the Immigration and
Naturalization Service data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent allocated to
States that experienced growth as measured by the average of the 3 most
recent years for which Immigration and Naturalization Service data for
immigrants admitted for legal permanent residence are available, except
that no State shall be allocated an amount less than $60,000: Provided
further, That of the amounts made available for the Adult Education and
Family Literacy Act, $14,000,000 shall be for national leadership
activities under section 243 and $6,500,000 shall be for the National
Institute for Literacy under section 242: Provided further, That
$22,000,000 shall be for Youth Offender Grants, of which $5,000,000
shall be used in accordance with section 601 of Public Law 102-73 as
that section was in effect prior to the enactment of Public Law 105-220.
student financial assistance
For carrying out subparts 1, 3, and 4 of part A, section 428K, part
C and part E of title IV of the Higher Education Act of 1965, as
amended, $10,674,000,000, which shall remain available through September
30, 2002.
The maximum Pell Grant for which a student shall be eligible during
award year 2001-2002 shall be $3,750: Provided, That notwithstanding
section 401(g) of the Act, if the Secretary determines,
[[Page 114 STAT. 2763A-38]]
prior to publication of the payment schedule for such award year, that
the amount included within this appropriation for Pell Grant awards in
such award year, and any funds available from the fiscal year 2000
appropriation for Pell Grant awards, are insufficient to satisfy fully
all such awards for which students are eligible, as calculated under
section 401(b) of the Act, the amount paid for each such award shall be
reduced by either a fixed or variable percentage, or by a fixed dollar
amount, as determined in accordance with a schedule of reductions
established by the Secretary for this purpose.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act of
1965, as amended, $48,000,000.
higher education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965, as amended, section 1543 of the Higher Education Amendments of
1992 and title VIII of the Higher Education Amendments of 1998, and the
Mutual Educational and Cultural Exchange Act of 1961, $1,911,710,000, of
which $10,000,000 for interest subsidies authorized by section 121 of
the Higher Education Act of 1965, shall remain available until expended:
Provided, That $10,000,000, to remain available through September 30,
2002, shall be available to fund fellowships for academic year 2002-2003
under part A, subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That $3,000,000 is
for data collection and evaluation activities for programs under the
Higher Education Act of 1965, including such activities needed to comply
with the Government Performance and Results Act of 1993: Provided
further, That $15,000,000 shall be available for tribally controlled
colleges and universities under section 316 of the Higher Education Act
of 1965, of which $5,000,000 shall be used for construction and
renovation: Provided further, That $250,000 shall be for the Web-Based
Education Commission to continue activities authorized under part J of
title VIII of the Higher Education Amendments of 1998: Provided further,
That $115,487,000 of the funds for part B of title VII of the Higher
Education Act of 1965 shall be available for the projects and in the
amounts specified in the statement of the managers on the conference
report accompanying this Act.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$232,474,000, of which not less than $3,600,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
college housing and academic facilities loans program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $762,000 to carry out
[[Page 114 STAT. 2763A-39]]
activities related to existing facility loans entered into under the
Higher Education Act of 1965.
historically black college and university capital financing program
account
The total amount of bonds insured pursuant to section 344 of title
III, part D of the Higher Education Act of 1965 shall not exceed
$357,000,000, and the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$208,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part
E; the National Education Statistics Act of 1994, including sections 411
and 412; section 2102 of title II, parts A, B, K, and L and sections
10102 and 10601 of title X, and part C of title XIII of the Elementary
and Secondary Education Act of 1965, as amended, and title VI of Public
Law 103-227, $732,721,000: Provided, That of the funds appropriated for
part A of title X of the Elementary and Secondary Education Act of 1965,
as amended, $5,000,000 shall be made available for a high school reform
program of grants to State educational agencies to improve academic
performance and provide technical skills training: Provided further,
That of the funds appropriated for part A of title X of the Elementary
and Secondary Education Act of 1965, as amended, $5,000,000 shall be
made available to carry out part L of title X of the Act: Provided
further, That of the amount available for part A of title X of the
Elementary and Secondary Education Act of 1965, as amended, $5,000,000
shall be available for grants to State and local educational agencies,
in collaboration with other agencies and organizations, for school
dropout prevention programs designed to address the needs of populations
or communities with the highest dropout rates: Provided further, That of
the amount made available for part A of title X of the Elementary and
Secondary Education Act of 1965, as amended, $50,000,000 shall be made
available to enable the Secretary of Education to award grants to
develop, implement, and strengthen programs to teach American history
(not social studies) as a separate subject within school curricula:
Provided further, That $53,000,000 of the amount available for the
national education research institutes shall be allocated
notwithstanding section 912(m)(1)(B-F) and subparagraphs (B) and (C) of
section 931(c)(2) of Public Law 103-227 and $20,000,000 of that
$53,000,000 shall be made available for the Interagency Education
Research Initiative: Provided further, That of the funds appropriated
for part A of title X of the Elementary and Secondary Education Act, as
amended, $50,000,000 shall be available to demonstrate effective
approaches to comprehensive school reform, to be allocated and expended
in accordance with the instructions relating to this activity in the
statement of managers on the conference report accompanying Public Law
105-78 and in the statement of the managers on the conference
[[Page 114 STAT. 2763A-40]]
report accompanying Public Law 105-277: Provided further, That the funds
made available for comprehensive school reform shall become available on
July 1, 2001, and remain available through September 30, 2002, and in
carrying out this initiative, the Secretary and the States shall support
only approaches that show the most promise of enabling children to meet
challenging State content standards and challenging State student
performance standards based on reliable research and effective
practices, and include an emphasis on basic academics and parental
involvement: Provided further, That $139,624,000 of the funds for
section 10101 of the Elementary and Secondary Education Act of 1965
shall be available for the projects and in the amounts specified in the
statement of the managers on the conference report accompanying this
Act: Provided further, That of the funds appropriated under section
10601 of title X of the Elementary and Secondary Education Act of 1965,
as amended, $2,000,000 shall be used to conduct a violence prevention
demonstration program: Provided further, That of the funds available for
section 10601 of title X of the Elementary and Secondary Education Act
of 1965, as amended, $150,000 shall be awarded to the Center for
Educational Technologies to complete production and distribution of an
effective CD-ROM product that would complement the ``We the People: The
Citizen and the Constitution'' curriculum: Provided further, That, of
the funds for title VI of Public Law 103-227 and notwithstanding the
provisions of section 601(c)(1)(C) of that Act, $1,200,000 shall be
available to the Center for Civic Education to conduct a civic education
program with Northern Ireland and the Republic of Ireland and,
consistent with the civics and Government activities authorized in
section 601(c)(3) of Public Law 103-227, to provide civic education
assistance to democracies in developing countries. The term ``developing
countries'' shall have the same meaning as the term ``developing
country'' in the Education for the Deaf Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of two passenger motor
vehicles, $413,184,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $76,000,000.
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $36,500,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial
[[Page 114 STAT. 2763A-41]]
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of Education
in this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Sec. 305. The Comptroller General of the United States shall
evaluate the extent to which funds made available under part A of title
I of the Elementary and Secondary Education Act of 1965 are allocated to
schools and local educational agencies with the greatest concentrations
of school-age children from low-income families, the extent to which
allocations of such funds adjust to shifts in concentrations of pupils
from low-income families in different regions, States, and substate
areas, the extent to which the allocation of such funds encourages the
targeting of State funds to areas with higher concentrations of children
from low-income families, and the implications of current distribution
methods for such funds, shall make formula and other policy
recommendations to improve the targeting of such funds to more
effectively serve low-income children in both rural and urban areas, and
shall prepare interim and final reports based on the results of the
study, to be submitted to Congress not later than February 1, 2001, and
April 1, 2001.
Sec. 306. (a) From the amount appropriated for title VI of the
Elementary and Secondary Education Act of 1965 in accordance with this
section, the Secretary of Education--
(1) shall make available a total of $6,000,000 to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities under this
section; and
(2) shall allocate the remainder by providing each State the
same percentage of that remainder as it received of the funds
allocated to States under section 307(a)(2) of the Department of
Education Appropriations Act, 1999.
[[Page 114 STAT. 2763A-42]]
(b)(1) Each State that receives funds under this section shall
distribute 100 percent of such funds to local educational agencies, of
which--
(A) 80 percent of such amount shall be allocated to such
local educational agencies in proportion to the number of
children, aged 5 to 17, who reside in the school district served
by such local educational agency from families with incomes
below the poverty line (as defined by the Office of Management
and Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved for the
most recent fiscal year for which satisfactory data are
available compared to the number of such individuals who reside
in the school districts served by all the local educational
agencies in the State for that fiscal year; and
(B) 20 percent of such amount shall be allocated to such
local educational agencies in accordance with the relative
enrollments of children, aged 5 to 17, in public and private
nonprofit elementary and secondary schools within the boundaries
of such agencies.
(2) Notwithstanding paragraph (1), if the award to a local
educational agency under this section is less than the starting salary
for a new fully qualified teacher in that agency, who is certified
within the State (which may include certification through State or local
alternative routes), has a baccalaureate degree, and demonstrates the
general knowledge, teaching skills, and subject matter knowledge
required to teach in his or her content areas, that agency may use funds
under this section to (A) help pay the salary of a full- or part-time
teacher hired to reduce class size, which may be in combination with
other Federal, State, or local funds; or (B) pay for activities
described in subsection (c)(2)(A)(iii) which may be related to teaching
in smaller classes.
(c)(1) The basic purpose and intent of this section is to reduce
class size with fully qualified teachers. Each local educational agency
that receives funds under this section shall use such funds to carry out
effective approaches to reducing class size with fully qualified
teachers who are certified within the State, including teachers
certified through State or local alternative routes, and who demonstrate
competency in the areas in which they teach, to improve educational
achievement for both regular and special needs children, with particular
consideration given to reducing class size in the early elementary
grades for which some research has shown class size reduction is most
effective.
(2)(A) Each such local educational agency may use funds under this
section for--
(i) recruiting (including through the use of signing
bonuses, and other financial incentives), hiring, and training
fully qualified regular and special education teachers (which
may include hiring special education teachers to team-teach with
regular teachers in classrooms that contain both children with
disabilities and non-disabled children) and teachers of special-
needs children who are certified within the State, including
teachers certified through State or local alternative routes,
have a baccalaureate degree and demonstrate the general
knowledge, teaching skills, and subject matter knowledge
required to teach in their content areas;
[[Page 114 STAT. 2763A-43]]
(ii) testing new teachers for academic content knowledge and
to meet State certification requirements that are consistent
with title II of the Higher Education Act of 1965; and
(iii) providing professional development (which may include
such activities as those described in section 2210 of the
Elementary and Secondary Education Act of 1965, opportunities
for teachers to attend multi-week institutes, such as those made
available during the summer months that provide intensive
professional development in partnership with local educational
agencies and initiatives that promote retention and mentoring),
to teachers, including special education teachers and teachers
of special-needs children, in order to meet the goal of ensuring
that all instructional staff have the subject matter knowledge,
teaching knowledge, and teaching skills necessary to teach
effectively in the content area or areas in which they provide
instruction, consistent with title II of the Higher Education
Act of 1965.
(B)(i) Except as provided under clause (ii), a local educational
agency may use not more than a total of 25 percent of the award received
under this section for activities described in clauses (ii) and (iii) of
subparagraph (A).
(ii) A local educational agency in which 10 percent or more
of teachers in elementary schools, as defined by section
14101(14) of the Elementary and Secondary Education Act of 1965,
have not met applicable State and local certification
requirements (including certification through State or local
alternative routes), or if such requirements have been waived,
may use more than 25 percent of the funds it receives under this
section for activities described in subparagraph (A)(iii) to
help teachers who are not certified by the State become
certified, including through State or local alternative routes,
or to help teachers affected by class size reduction who lack
sufficient content knowledge to teach effectively in the areas
they teach to obtain that knowledge, if the local educational
agency notifies the State educational agency of the percentage
of the funds that it will use for the purpose described in this
clause.
(C) A local educational agency that has already reduced class size
in the early grades to 18 or less children (or has already reduced class
size to a State or local class size reduction goal that was in effect on
the day before the enactment of the Department of Education
Appropriations Act, 2000, if that State or local educational agency goal
is 20 or fewer children) may use funds received under this section--
(i) to make further class size reductions in grades
kindergarten through 3;
(ii) to reduce class size in other grades; or
(iii) to carry out activities to improve teacher quality
including professional development.
(D) If a local educational agency has already reduced class size in
the early grades to 18 or fewer children and intends to use funds
provided under this section to carry out professional development
activities, including activities to improve teacher quality, then the
State shall make the award under subsection (b) to the local educational
agency.
(3) Each such agency shall use funds under this section only to
supplement, and not to supplant, State and local funds that,
[[Page 114 STAT. 2763A-44]]
in the absence of such funds, would otherwise be spent for activities
under this section.
(4) No funds made available under this section may be used to
increase the salaries or provide benefits, other than participation in
professional development and enrichment programs, to teachers who are
not hired under this section. Funds under this section may be used to
pay the salary of teachers hired under section 307 of the Department of
Education Appropriations Act, 1999, or under section 310 of the
Department of Education Appropriations Act, 2000.
(d)(1) Each State receiving funds under this section shall report on
activities in the State under this section, consistent with section
6202(a)(2) of the Elementary and Secondary Education Act of 1965.
(2) Each State and local educational agency receiving funds under
this section shall publicly report to parents on its progress in
reducing class size, increasing the percentage of classes in core
academic areas taught by fully qualified teachers who are certified
within the State and demonstrate competency in the content areas in
which they teach, and on the impact that hiring additional highly
qualified teachers and reducing class size, has had, if any, on
increasing student academic achievement.
(3) Each school receiving funds under this section shall provide to
parents, upon request, the professional qualifications of their child's
teacher.
(e) If a local educational agency uses funds made available under
this section for professional development activities, the agency shall
ensure for the equitable participation of private nonprofit elementary
and secondary schools in such activities. Section 6402 of the Elementary
and Secondary Education Act of 1965 shall not apply to other activities
under this section.
(f ) A local educational agency that receives funds under this
section may use not more than 3 percent of such funds for local
administrative costs.
(g) Each local educational agency that desires to receive funds
under this section shall include in the application required under
section 6303 of the Elementary and Secondary Education Act of 1965 a
description of the agency's program to reduce class size by hiring
additional highly qualified teachers.
(h) No funds under this section may be used to pay the salary of any
teacher hired with funds under section 307 of the Department of
Education Appropriations Act, 1999, unless, by the start of the 2001-
2002 school year, the teacher is certified within the State (which may
include certification through State or local alternative routes) and
demonstrates competency in the subject areas in which he or she teaches.
(i) Not later than 30 days after the date of the enactment of this
Act, the Secretary shall provide specific notification to each local
educational agency eligible to receive funds under this part regarding
the flexibility provided under subsection (c)(2)(B)(ii) and the ability
to use such funds to carry out activities described in subsection
(c)(2)(A)(iii).
Sec. 307. Section 412 of the National Education Statistics Act of
1994 (Public Law 103-382) is amended--
(1) in subsection 412(c)(1), after ``period of'' and before
``years,'', by striking ``3'' and inserting ``4''; and
(2) after ``expiration of such term.'', by adding the
following new subsection:
[[Page 114 STAT. 2763A-45]]
``(4) Conforming provision.--Members of the Board previously
granted 3 year terms, whose terms are in effect on the date of
enactment of the Department of Education Appropriations Act,
2001, shall have their terms extended by 1 year.''.
Sec. 308. (a) Section 435(a)(2) of the Higher Education Act of 1965
(20 U.S.C. 1085(a)(2)) is amended by adding at the end thereof the
following new subparagraph:
``(D) Notwithstanding the first sentence of subparagraph (A), the
Secretary shall restore the eligibility to participate in a program
under subpart 1 of part A, part B, or part D of an institution that did
not appeal its loss of eligibility within 30 days of receiving
notification if the Secretary determines, on a case-by-case basis, that
the institution's failure to appeal was substantially justified under
the circumstances, and that--
``(i) the institution made a timely request that the
appropriate guaranty agency correct errors in the draft data
used to calculate the institution's cohort default rate;
``(ii) the guaranty agency did not correct the erroneous
data in a timely fashion; and
``(iii) the institution would have been eligible if the
erroneous data had been corrected by the guaranty agency.''.
(b) The amendment made by subsection (a) of this section shall be
effective for cohort default rate calculations for fiscal years 1997 and
1998.
Sec. 309. Section 439(r)(2) of the Higher Education Act of 1965 (20
U.S.C. 1087-2(r)(2)) is amended--
(1) in clause (A)(i), by striking ``auditors and examiners''
and inserting ``and fix the compensation of such auditors and
examiners as may be necessary''; and
(2) by inserting at the end of subparagraph (E) the
following new subparagraph:
``(F) Compensation of auditors and examiners.--
``(i) Rates of pay.--Rates of basic pay for
all auditors and examiners appointed pursuant to
subparagraph (A) may be set and adjusted by the
Secretary of the Treasury without regard to the
provisions of chapter 51 or subchapter III of
chapter 53 of title 5, United States Code.
``(ii) Comparability.--
``(I) In general.--Subject to
section 5373 of title 5, United States
Code, the Secretary of the Treasury may
provide additional compensation and
benefits to auditors and examiners
appointed pursuant to subparagraph (A)
if the same type of compensation or
benefits are then being provided by any
agency referred to in section 1206 of
the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989
(12 U.S.C. 1833b) or, if not then being
provided, could be provided by such an
agency under applicable provisions of
law, rule, or regulation.
``(II) Consultation.--In setting and
adjusting the total amount of
compensation and benefits for auditors
and examiners appointed pursuant to
subparagraph (A), the Secretary of the
Treasury shall consult with, and seek to
maintain comparability with, the
agencies referred to in section
[[Page 114 STAT. 2763A-46]]
1206 of the Financial Institutions
Reform, Recovery, and Enforcement Act of
1989 (12 U.S.C. 1833b).''.
Sec. 310. Section 117(i) of the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2327(i)) is amended by
inserting ``such sums as may be necessary for'' before ``each of the 4
succeeding fiscal years.''.
Sec. 311. Section 432(m)(1) of the Higher Education Act of 1965 (20
U.S.C. 1082(m)(1)) is amended--
(1) by striking clause (iv) of subparagraph (D); and
(2) by adding at the end the following new subparagraph:
``(E) Perfection of security interests in student
loans.--
``(i) In general.--Notwithstanding the
provisions of any State law to the contrary,
including the Uniform Commercial Code as in effect
in any State, a security interest in loans made
under this part, on behalf of any eligible lender
(as defined in section 435(d)) shall attach, be
perfected, and be assigned priority in the manner
provided by the applicable State's law for
perfection of security interests in accounts, as
such law may be amended from time to time
(including applicable transition provisions). If
any such State's law provides for a statutory lien
to be created in such loans, such statutory lien
may be created by the entity or entities governed
by such State law in accordance with the
applicable statutory provisions that created such
a statutory lien.
``(ii) Collateral description.--In addition to
any other method for describing collateral in a
legally sufficient manner permitted under the laws
of the State, the description of collateral in any
financing statement filed pursuant to this
subparagraph shall be deemed legally sufficient if
it lists such loans, or refers to records
(identifying such loans) retained by the secured
party or any designee of the secured party
identified in such financing statement, including
the debtor or any loan servicer.
``(iii) Sales.--Notwithstanding clauses (i)
and (ii) and any provisions of any State law to
the contrary, other than any such State's law
providing for creation of a statutory lien, an
outright sale of loans made under this part shall
be effective and perfected automatically upon
attachment as defined in the Uniform Commercial
Code of such State.''.
Sec. 312. Section 435(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1085(a)(5)) is amended--
(1) in subparagraph (A)(i), by striking ``July 1, 2002,''
and inserting ``July 1, 2004,''; and
(2) in subparagraph (B), by striking ``1999, 2000, and
2001'' and inserting ``1999 through 2003''.
Sec. 313. From the amounts made available for the ``Fund for the
Improvement of Education'' under the heading ``Education Research,
Statistics, and Improvement'', $10,000,000, to remain available until
expended, shall be available to the Secretary of Education to be
transferred to the Secretary of the Interior for
[[Page 114 STAT. 2763A-47]]
an award to the National Constitution Center for construction activities
authorized under Public Law 100-433.
Sec. 314. Section 4116(b)(4) of the Elementary and Secondary
Education Act of 1965 is amended by striking subparagraph (D) and
inserting in lieu thereof: ``(D) the development and implementation of
character education and training programs that reflect the values of
parents, teachers, and local communities, and incorporate elements of
good character, including honesty, citizenship, courage, justice,
respect, personal responsibility, and trustworthiness; and''.
Sec. 315. The Secretary of Education shall review the nursing
program operated by Graceland University in Lamoni, Iowa, and may
exercise the waiver authority provided in section 102(a)(3)(B) of the
Higher Education Act of 1965, without regard to the provisions of 34 CFR
600.7(b)(3)(ii), if the Secretary determines that such a waiver is
appropriate.
Sec. 316. Section 415 of the Higher Education Act of 1965 is
amended--
(1) in section 415A(a)(2), by striking ``section 415F'' and
inserting ``section 415E''; and
(2) in section 415E, by striking 415E(c) and inserting in
lieu thereof the following:
``(c) Authorized Activities.--Each State receiving a grant under
this section may use the grant funds for--
``(1) making awards that--
``(A) supplement grants received under section
415C(b)(2) by eligible students who demonstrate
financial need; or
``(B) provide grants under section 415C(b)(2) to
additional eligible students who demonstrate financial
need;
``(2) providing scholarships for eligible students--
``(A) who demonstrate financial need; and
``(B) who--
``(i) desire to enter a program of study
leading to a career in--
``(I) information technology;
``(II) mathematics, computer
science, or engineering;
``(III) teaching; or
``(IV) another field determined by
the State to be critical to the State's
workforce needs; or
``(ii) demonstrate merit or academic
achievement; and
``(3) making awards that--
``(A) supplement community service work-study awards
received under section 415C(b)(2) by eligible students
who demonstrate financial need; or
``(B) provide community service work-study awards
under section 415C(b)(2) to additional eligible students
who demonstrate financial need.''.
(3) in section 415E, adding at the end the following new
subsections:
``(f ) Special Rule.--Notwithstanding subsection (d), for purposes
of determining a State's share of the cost of the authorized activities
described in subsection (c), the State shall consider only those
expenditures from non-Federal sources that exceed its total expenditures
for need-based grants, scholarships, and work-study
[[Page 114 STAT. 2763A-48]]
assistance for fiscal year 1999 (including any such assistance provided
under this subpart).
``(g) Use of Funds for Administrative Costs Prohibited.--A State
receiving a grant under this section shall not use any of the grant
funds to pay administrative costs associated with any of the authorized
activities described in subsection (c).''.
Sec. 317. (a) Section 402D of the Higher Education Act of 1965 (20
U.S.C. 1070a-14) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Special Rule.--
``(1) Use for student aid.--A recipient of a grant that
undertakes any of the permissible services identified in
subsection (b) may, in addition, use such funds to provide grant
aid to students. A grant provided under this paragraph shall not
exceed the maximum appropriated Pell Grant or, be less than the
minimum appropriated Pell Grant, for the current academic year.
In making grants to students under this subsection, an
institution shall ensure that adequate consultation takes place
between the student support service program office and the
institution's financial aid office.
``(2) Eligible students.--For purposes of receiving grant
aid under this subsection, eligible students shall be current
participants in the student support services program offered by
the institution and be--
``(A) students who are in their first 2 years of
postsecondary education and who are receiving Federal
Pell Grants under subpart 1; or
``(B) students who have completed their first 2
years of postsecondary education and who are receiving
Federal Pell Grants under subpart 1 if the institution
demonstrates to the satisfaction of the Secretary that--
``(i) these students are at high risk of
dropping out; and
``(ii) it will first meet the needs of all its
eligible first- and second-year students for
services under this paragraph.
``(3) Determination of need.--A grant provided to a student
under paragraph (1) shall not be considered in determining that
student's need for grant or work assistance under this title,
except that in no case shall the total amount of student
financial assistance awarded to a student under this title
exceed that student's cost of attendance, as defined in section
472.
``(4) Matching required.--A recipient of a grant who uses
such funds for the purpose described in paragraph (1) shall
match the funds used for such purpose, in cash, from non-Federal
funds, in an amount that is not less than 33 percent of the
total amount of funds used for that purpose. This paragraph
shall not apply to any grant recipient that is an institution of
higher education eligible to receive funds under part A or B of
title III or title V.
``(5) Reservation.--In no event may a recipient use more
than 20 percent of the funds received under this section for
grant aid.
``(6) Supplement, not supplant.--Funds received by a grant
recipient that are used under this subsection shall be
[[Page 114 STAT. 2763A-49]]
used to supplement, and not supplant, non-Federal funds expended
for student support services programs.''.
(b) The amendments made by subsection (a) shall apply with respect
to student support services grants awarded on or after the date of
enactment of this Act.
Sec. 318. (a) Subparagraph (B) of section 427A(c)(4) of the Higher
Education Act of 1965 (20 U.S.C. 1077a(c)(4)) is amended to read as
follows:
``(B)(i) For any 12-month period beginning on July 1
and ending on or before June 30, 2001, the rate
determined under this subparagraph is determined on the
preceding June 1 and is equal to--
``(I) the bond equivalent rate of 52-week
Treasury bills auctioned at the final auction held
prior to such June 1; plus
``(II) 3.25 percent.
``(ii) For any 12-month period beginning on July 1
of 2001 or any succeeding year, the rate determined
under this subparagraph is determined on the preceding
June 26 and is equal to--
``(I) the weekly average 1-year constant
maturity Treasury yield, as published by the Board
of Governors of the Federal Reserve System, for
the last calendar week ending on or before such
June 26; plus
``(II) 3.25 percent.''.
(b) Subparagraph (A) of section 455(b)(4) of such Act (20 U.S.C.
1087e(b)(4)) is amended to read as follows:
``(A)(i) For Federal Direct PLUS Loans for which the
first disbursement is made on or after July 1, 1994, the
applicable rate of interest shall, during any 12-month
period beginning on July 1 and ending on or before June
30, 2001, be determined on the preceding June 1 and be
equal to--
``(I) the bond equivalent rate of 52-week
Treasury bills auctioned at final auction held
prior to such June 1; plus
``(II) 3.1 percent,
except that such rate shall not exceed 9 percent.
``(ii) For any 12-month period beginning on July 1
of 2001 or any succeeding year, the applicable rate of
interest determined under this subparagraph shall be
determined on the preceding June 26 and be equal to--
``(I) the weekly average 1-year constant
maturity Treasury yield, as published by the Board
of Governors of the Federal Reserve System, for
the last calendar week ending on or before such
June 26; plus
``(II) 3.1 percent,
except that such rate shall not exceed 9 percent.''.
Sec. 319. Section 1543 of the Higher Education Amendments of 1992
(20 U.S.C. 1070 note) is amended by adding at the end the following new
subsection:
``(e) Designation.--Scholarships awarded under this section shall be
known as `B.J. Stupak Olympic Scholarships'.''.
Sec. 320. (a) Subject to subsection (c), the Secretary of Education
shall release the reversionary interests that were retained by the
United States, as part of the conveyance of certain real property
situated in the County of Marin, State of California, in
[[Page 114 STAT. 2763A-50]]
an April 3, 1978 Quitclaim Deed, which was filed for record on June 5,
1978, in Book 3384, at page 33, of the official Records of Marin County,
California.
(b) The Secretary shall execute the release of the reversionary
interests under subsection (a) without consideration.
(c) The Secretary shall execute and file in the appropriate office
or offices a deed of release, amended deed, or other appropriate
instruments effectuating the release of the reversionary interests under
subsection (a). In all other respects the provisions of the April 3,
1978 Quitclaim Deed shall remain intact.
Sec. 321. (a) Grants to Native American Schools and State
Educational Agencies.--
(1) Allocation of funds.--Of the amount made available under
the heading ``School improvement programs'' for grants made in
accordance with this section for school repair and renovation,
activities under part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.), and technology
activities, the Secretary of Education shall allocate--
(A) $75,000,000 for grants to impacted local
educational agencies (as defined in paragraph (3)) for
school repair, renovation, and construction;
(B) $3,250,000 for grants to outlying areas for
school repair and renovation in high-need schools and
communities, allocated on such basis, and subject to
such terms and conditions, as the Secretary determines
appropriate;
(C) $25,000,000 for grants to public entities,
private nonprofit entities, and consortia of such
entities, for use in accordance with subpart 2 of part C
of title X of the Elementary and Secondary Education Act
of 1965; and
(D) the remainder to State educational agencies in
proportion to the amount each State received under part
A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year
2000, except that no State shall receive less than 0.5
percent of the amount allocated under this subparagraph.
(2) Determination of grant amount.--
(A) Determination of weighted student units.--For
purposes of computing the grant amounts under paragraph
(1)(A) for fiscal year 2001, the Secretary shall
determine the results obtained by the computation made
under section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703) with respect to
children described in subsection (a)(1)(C) of such
section and computed under subsection (a)(2)(B) of such
section for such year--
(i) for each impacted local educational agency
that receives funds under this section; and
(ii) for all such agencies together.
(B) Computation of payment.--For fiscal year 2001,
the Secretary shall calculate the amount of a grant to
an impacted local educational agency by--
(i) dividing the amount described in paragraph
(1)(A) by the results of the computation described
in subparagraph (A)(ii); and
(ii) multiplying the number derived under
clause (i) by the results of the computation
described in subparagraph (A)(i) for such agency.
[[Page 114 STAT. 2763A-51]]
(3) Definition.--For purposes of this section, the term
``impacted local educational agency'' means, for fiscal year
2001--
(A) a local educational agency that receives a basic
support payment under section 8003(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(b))
for such fiscal year; and
(B) with respect to which the number of children
determined under section 8003(a)(1)(C) of such Act for
the preceding school year constitutes at least 50
percent of the total student enrollment in the schools
of the agency during such school year.
(b) Within-State Allocations.--
(1) Administrative costs.--
(A) State educational agency administration.--Except
as provided in subparagraph (B), each State educational
agency may reserve not more than 1 percent of its
allocation under subsection (a)(1)(D) for the purpose of
administering the distribution of grants under this
subsection.
(B) State entity administration.--If the State
educational agency transfers funds to a State entity
described in paragraph (2)(A), the agency shall transfer
to such entity 0.75 of the amount reserved under this
paragraph for the purpose of administering the
distribution of grants under this subsection.
(2) Reservation for competitive school repair and renovation
grants to local educational agencies.--
(A) In general.--Subject to the reservation under
paragraph (1), of the funds allocated to a State
educational agency under subsection (a)(1)(D), the State
educational agency shall distribute 75 percent of such
funds to local educational agencies or, if such State
educational agency is not responsible for the financing
of education facilities, the agency shall transfer such
funds to the State entity responsible for the financing
of education facilities (referred to in this section as
the ``State entity'') for distribution by such entity to
local educational agencies in accordance with this
paragraph, to be used, consistent with subsection (c),
for school repair and renovation.
(B) Competitive grants to local educational
agencies.--
(i) In general.--The State educational agency
or State entity shall carry out a program of
competitive grants to local educational agencies
for the purpose described in subparagraph (A). Of
the total amount available for distribution to
such agencies under this paragraph, the State
educational agency or State entity, shall, in
carrying out the competition--
(I) award to high poverty local
educational agencies described in clause
(ii), in the aggregate, at least an
amount which bears the same relationship
to such total amount as the aggregate
amount such local educational agencies
received under part A of title I of the
Elementary and Secondary Education Act
of 1965 for fiscal year 2000 bears to
the aggregate amount received for such
fiscal year
[[Page 114 STAT. 2763A-52]]
under such part by all local educational
agencies in the State;
(II) award to rural local
educational agencies in the State, in
the aggregate, at least an amount which
bears the same relationship to such
total amount as the aggregate amount
such rural local educational agencies
received under part A of title I of the
Elementary and Secondary Education Act
of 1965 for fiscal year 2000 bears to
the aggregate amount received for such
fiscal year under such part by all local
educational agencies in the State; and
(III) award the remaining funds to
local educational agencies not receiving
an award under subclause (I) or (II),
including high poverty and rural local
educational agencies that did not
receive such an award.
(ii) High poverty local educational
agencies.--A local educational agency is described
in this clause if--
(I) the percentage described in
subparagraph (C)(i) with respect to the
agency is 30 percent or greater; or
(II) the number of children
described in such subparagraph with
respect to the agency is at least
10,000.
(C) Criteria for awarding grants.--In awarding
competitive grants under this paragraph, a State
educational agency or State entity shall take into
account the following criteria:
(i) The percentage of poor children 5 to 17
years of age, inclusive, in a local educational
agency.
(ii) The need of a local educational agency
for school repair and renovation, as demonstrated
by the condition of its public school facilities.
(iii) The fiscal capacity of a local
educational agency to meet its needs for repair
and renovation of public school facilities without
assistance under this section, including its
ability to raise funds through the use of local
bonding capacity and otherwise.
(iv) In the case of a local educational agency
that proposes to fund a repair or renovation
project for a charter school or schools, the
extent to which the school or schools have access
to funding for the project through the financing
methods available to other public schools or local
educational agencies in the State.
(v) The likelihood that the local educational
agency will maintain, in good condition, any
facility whose repair or renovation is assisted
under this section.
(D) Possible matching requirement.--
(i) In general.--A State educational agency or
State entity may require local educational
agencies to match funds awarded under this
subsection.
(ii) Match amount.--The amount of a match
described in clause (i) may be established by
using a sliding scale that takes into account the
relative
[[Page 114 STAT. 2763A-53]]
poverty of the population served by the local
educational agency.
(3) Reservation for competitive idea or technology grants to
local educational agencies.--
(A) In general.--Subject to the reservation under
paragraph (1), of the funds allocated to a State
educational agency under subsection (a)(1)(D), the State
educational agency shall distribute 25 percent of such
funds to local educational agencies through competitive
grant processes, to be used for the following:
(i) To carry out activities under part B of
the Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.).
(ii) For technology activities that are
carried out in connection with school repair and
renovation, including--
(I) wiring;
(II) acquiring hardware and
software;
(III) acquiring connectivity
linkages and resources; and
(IV) acquiring microwave, fiber
optics, cable, and satellite
transmission equipment.
(B) Criteria for awarding idea grants.--In awarding
competitive grants under subparagraph (A) to be used to
carry out activities under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et
seq.), a State educational agency shall take into
account the following criteria:
(i) The need of a local educational agency for
additional funds for a student whose individually
allocable cost for expenses related to the
Individuals with Disabilities Education Act
substantially exceeds the State's average per-
pupil expenditure (as defined in section 14101(2)
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801(2))).
(ii) The need of a local educational agency
for additional funds for special education and
related services under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et
seq.).
(iii) The need of a local educational agency
for additional funds for assistive technology
devices (as defined in section 602 of the
Individuals with Disabilities Education Act (20
U.S.C. 1401)) or assistive technology services (as
so defined) for children being served under part B
of the Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.).
(iv) The need of a local educational agency
for additional funds for activities under part B
of the Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.) in order for children
with disabilities to make progress toward meeting
the performance goals and indicators established
by the State under section 612(a)(16) of such Act
(20 U.S.C. 1412).
(C) Criteria for awarding technology grants.--In
awarding competitive grants under subparagraph (A) to be
used for technology activities that are carried out in
connection with school repair and renovation, a State
[[Page 114 STAT. 2763A-54]]
educational agency shall take into account the need of a
local educational agency for additional funds for such
activities, including the need for the activities
described in subclauses (I) through (IV) of subparagraph
(A)(ii).
(c) Rules Applicable to School Repair and Renovation.--With respect
to funds made available under this section that are used for school
repair and renovation, the following rules shall apply:
(1) Permissible uses of funds.--School repair and renovation
shall be limited to one or more of the following:
(A) Emergency repairs or renovations to public
school facilities only to ensure the health and safety
of students and staff, including--
(i) repairing, replacing, or installing roofs,
electrical wiring, plumbing systems, or sewage
systems;
(ii) repairing, replacing, or installing
heating, ventilation, or air conditioning systems
(including insulation); and
(iii) bringing public schools into compliance
with fire and safety codes.
(B) School facilities modifications necessary to
render public school facilities accessible in order to
comply with the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
(C) School facilities modifications necessary to
render public school facilities accessible in order to
comply with section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794).
(D) Asbestos abatement or removal from public school
facilities.
(E) Renovation, repair, and acquisition needs
related to the building infrastructure of a charter
school.
(2) Impermissible uses of funds.--No funds received under
this section may be used for--
(A) payment of maintenance costs in connection with
any projects constructed in whole or in part with
Federal funds provided under this section;
(B) the construction of new facilities, except for
facilities for an impacted local educational agency (as
defined in subsection (a)(3)); or
(C) stadiums or other facilities primarily used for
athletic contests or exhibitions or other events for
which admission is charged to the general public.
(3) Charter schools.--A public charter school that
constitutes a local educational agency under State law shall be
eligible for assistance under the same terms and conditions as
any other local educational agency (as defined in section
14101(18) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801(18))).
(4) Supplement, not supplant.--Excluding the uses described
in subparagraphs (B) and (C) of paragraph (1), a local
educational agency shall use Federal funds subject to this
subsection only to supplement the amount of funds that would, in
the absence of such Federal funds, be made available from non-
Federal sources for school repair and renovation.
(d) Special Rule.--Each local educational agency that receives funds
under this section shall ensure that, if it carries out repair
[[Page 114 STAT. 2763A-55]]
or renovation through a contract, any such contract process ensures the
maximum number of qualified bidders, including small, minority, and
women-owned businesses, through full and open competition.
(e) Public Comment.--Each local educational agency receiving funds
under paragraph (2) or (3) of subsection (b)--
(1) shall provide parents, educators, and all other
interested members of the community the opportunity to consult
on the use of funds received under such paragraph;
(2) shall provide the public with adequate and efficient
notice of the opportunity described in paragraph (1) in a widely
read and distributed medium; and
(3) shall provide the opportunity described in paragraph (1)
in accordance with any applicable State and local law specifying
how the comments may be received and how the comments may be
reviewed by any member of the public.
(f ) Reporting.--
(1) Local reporting.--Each local educational agency
receiving funds under subsection (a)(1)(D) shall submit a report
to the State educational agency, at such time as the State
educational agency may require, describing the use of such funds
for--
(A) school repair and renovation (and construction,
in the case of an impacted local educational agency (as
defined in subsection (a)(3)));
(B) activities under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.); and
(C) technology activities that are carried out in
connection with school repair and renovation, including
the activities described in subclauses (I) through (IV)
of subsection (b)(3)(A)(ii).
(2) State reporting.--Each State educational agency shall
submit to the Secretary of Education, not later than December
31, 2002, a report on the use of funds received under subsection
(a)(1)(D) by local educational agencies for--
(A) school repair and renovation (and construction,
in the case of an impacted local educational agency (as
defined in subsection (a)(3)));
(B) activities under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.); and
(C) technology activities that are carried out in
connection with school repair and renovation, including
the activities described in subclauses (I) through (IV)
of subsection (b)(3)(A)(ii).
(3) Additional reports.--Each entity receiving funds
allocated under subsection (a)(1)(A) or (B) shall submit to the
Secretary, not later than December 31, 2002, a report on its
uses of funds under this section, in such form and containing
such information as the Secretary may require.
(g) Applicability of Part B of IDEA.--If a local educational agency
uses funds received under this section to carry out activities under
part B of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.), such part (including provisions respecting the
participation of private school children), and any other provision of
law that applies to such part, shall apply to such use.
(h) Reallocation.--If a State educational agency does not apply for
an allocation of funds under subsection (a)(1)(D) for fiscal
[[Page 114 STAT. 2763A-56]]
year 2001, or does not use its entire allocation for such fiscal year,
the Secretary may reallocate the amount of the State educational
agency's allocation (or the remainder thereof, as the case may be) to
the remaining State educational agencies in accordance with subsection
(a)(1)(D).
(i) Participation of Private Schools.--
(1) In general.--Section 6402 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7372) shall apply to
subsection (b)(2) in the same manner as it applies to activities
under title VI of such Act, except that--
(A) such section shall not apply with respect to the
title to any real property renovated or repaired with
assistance provided under this section;
(B) the term ``services'' as used in section 6402 of
such Act with respect to funds under this section shall
be provided only to private, nonprofit elementary or
secondary schools with a rate of child poverty of at
least 40 percent and may include for purposes of
subsection (b)(2) only--
(i) modifications of school facilities
necessary to meet the standards applicable to
public schools under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.);
(ii) modifications of school facilities
necessary to meet the standards applicable to
public schools under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794); and
(iii) asbestos abatement or removal from
school facilities; and
(C) notwithstanding the requirements of section
6402(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7372(b)), expenditures for services
provided using funds made available under subsection
(b)(2) shall be considered equal for purposes of such
section if the per-pupil expenditures for services
described in subparagraph (B) for students enrolled in
private nonprofit elementary and secondary schools that
have child poverty rates of at least 40 percent are
consistent with the per-pupil expenditures under this
section for children enrolled in the public schools in
the school district of the local educational agency
receiving funds under this section.
(2) Remaining funds.--If the expenditure for services
described in paragraph (1)(B) is less than the amount calculated
under paragraph (1)(C) because of insufficient need for such
services, the remainder shall be available to the local
educational agency for renovation and repair of public school
facilities.
(3) Application.--If any provision of this section, or the
application thereof, to any person or circumstances is
judicially determined to be invalid, the provisions of the
remainder of the section and the application to other persons or
circumstances shall not be affected thereby.
( j) Definitions.--For purposes of this section:
(1) Charter school.--The term ``charter school'' has the
meaning given such term in section 10310(1) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8066(1)).
[[Page 114 STAT. 2763A-57]]
(2) Elementary school.--The term ``elementary school'' has
the meaning given such term in section 14101(14) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801(14)).
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in subparagraphs (A)
and (B) of section 14101(18) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801(18)).
(4) Outlying area.--The term ``outlying area'' has the
meaning given such term in section 14101(21) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801(21)).
(5) Poor children and child poverty.--The terms ``poor
children'' and ``child poverty'' refer to children 5 to 17 years
of age, inclusive, who are from families with incomes below the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2) of the
Community Services Block Grant (42 U.S.C. 9902(2)) applicable to
a family of the size involved for the most recent fiscal year
for which data satisfactory to the Secretary are available.
(6) Rural local educational agency.--The term ``rural local
educational agency'' means a local educational agency that the
State determines is located in a rural area using objective data
and a commonly employed definition of the term ``rural''.
(7) Secondary school.--The term ``secondary school'' has the
meaning given such term in section 14101(25) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801(25)).
(8) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
Sec. 322. (a) Part C of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8061 et seq.) is amended--
(1) by inserting after the part heading the following:
``Subpart 1--Basic Charter School Grant Program'';
and
(2) by adding at the end the following:
``Subpart 2--Credit Enhancement Initiatives To Assist Charter School
Facility Acquisition, Construction, and Renovation
``SEC. 10321. PURPOSE.
``The purpose of this subpart is to provide one-time grants to
eligible entities to permit them to demonstrate innovative credit
enhancement initiatives that assist charter schools to address the cost
of acquiring, constructing, and renovating facilities.
``SEC. 10322. GRANTS TO ELIGIBLE ENTITIES.
``(a) In General.--The Secretary shall use 100 percent of the amount
available to carry out this subpart to award not less than
[[Page 114 STAT. 2763A-58]]
three grants to eligible entities having applications approved under
this subpart to demonstrate innovative methods of assisting charter
schools to address the cost of acquiring, constructing, and renovating
facilities by enhancing the availability of loans or bond financing.
``(b) Grantee Selection.--The Secretary shall evaluate each
application submitted, and shall make a determination of which are
sufficient to merit approval and which are not. The Secretary shall
award at least one grant to an eligible entity described in section
10330(2)(A), at least one grant to an eligible entity described in
section 10330(2)(B), and at least one grant to an eligible entity
described in section 10330(2)(C), if applications are submitted that
permit the Secretary to do so without approving an application that is
not of sufficient quality to merit approval.
``(c) Grant Characteristics.--Grants under this subpart shall be of
a sufficient size, scope, and quality so as to ensure an effective
demonstration of an innovative means of enhancing credit for the
financing of charter school acquisition, construction, or renovation.
``(d) Special Rule.--In the event the Secretary determines that the
funds available are insufficient to permit the Secretary to award not
less than three grants in accordance with subsections (a) through (c),
such three-grant minimum and the second sentence of subsection (b) shall
not apply, and the Secretary may determine the appropriate number of
grants to be awarded in accordance with subsection (c).
``SEC. 10323. APPLICATIONS.
``(a) In General.--To receive a grant under this subpart, an
eligible entity shall submit to the Secretary an application in such
form as the Secretary may reasonably require.
``(b) Contents.--An application under subsection (a) shall contain--
``(1) a statement identifying the activities proposed to be
undertaken with funds received under this subpart, including how
the applicant will determine which charter schools will receive
assistance, and how much and what types of assistance charter
schools will receive;
``(2) a description of the involvement of charter schools in
the application's development and the design of the proposed
activities;
``(3) a description of the applicant's expertise in capital
market financing;
``(4) a description of how the proposed activities will
leverage the maximum amount of private-sector financing capital
relative to the amount of government funding used and otherwise
enhance credit available to charter schools;
``(5) a description of how the applicant possesses
sufficient expertise in education to evaluate the likelihood of
success of a charter school program for which facilities
financing is sought;
``(6) in the case of an application submitted by a State
governmental entity, a description of the actions that the
entity has taken, or will take, to ensure that charter schools
within the State receive the funding they need to have adequate
facilities; and
``(7) such other information as the Secretary may reasonably
require.
[[Page 114 STAT. 2763A-59]]
``SEC. 10324. CHARTER SCHOOL OBJECTIVES.
``An eligible entity receiving a grant under this subpart shall use
the funds deposited in the reserve account established under section
10325(a) to assist one or more charter schools to access private sector
capital to accomplish one or both of the following objectives:
``(1) The acquisition (by purchase, lease, donation, or
otherwise) of an interest (including an interest held by a third
party for the benefit of a charter school) in improved or
unimproved real property that is necessary to commence or
continue the operation of a charter school.
``(2) The construction of new facilities, or the renovation,
repair, or alteration of existing facilities, necessary to
commence or continue the operation of a charter school.
``SEC. 10325. RESERVE ACCOUNT.
``(a) Use of Funds.--To assist charter schools to accomplish the
objectives described in section 10324, an eligible entity receiving a
grant under this subpart shall, in accordance with State and local law,
directly or indirectly, alone or in collaboration with others, deposit
the funds received under this subpart (other than funds used for
administrative costs in accordance with section 10326) in a reserve
account established and maintained by the entity for this purpose.
Amounts deposited in such account shall be used by the entity for one or
more of the following purposes:
``(1) Guaranteeing, insuring, and reinsuring bonds, notes,
evidences of debt, loans, and interests therein, the proceeds of
which are used for an objective described in section 10324.
``(2) Guaranteeing and insuring leases of personal and real
property for an objective described in section 10324.
``(3) Facilitating financing by identifying potential
lending sources, encouraging private lending, and other similar
activities that directly promote lending to, or for the benefit
of, charter schools.
``(4) Facilitating the issuance of bonds by charter schools,
or by other public entities for the benefit of charter schools,
by providing technical, administrative, and other appropriate
assistance (including the recruitment of bond counsel,
underwriters, and potential investors and the consolidation of
multiple charter school projects within a single bond issue).
``(b) Investment.--Funds received under this subpart and deposited
in the reserve account shall be invested in obligations issued or
guaranteed by the United States or a State, or in other similarly low-
risk securities.
``(c) Reinvestment of Earnings.--Any earnings on funds received
under this subpart shall be deposited in the reserve account established
under subsection (a) and used in accordance with such subsection.
``SEC. 10326. LIMITATION ON ADMINISTRATIVE COSTS.
``An eligible entity may use not more than 0.25 percent of the funds
received under this subpart for the administrative costs of carrying out
its responsibilities under this subpart.
``SEC. 10327. AUDITS AND REPORTS.
``(a) Financial Record Maintenance and Audit.--The financial records
of each eligible entity receiving a grant under this subpart shall be
maintained in accordance with generally accepted
[[Page 114 STAT. 2763A-60]]
accounting principles and shall be subject to an annual audit by an
independent public accountant.
``(b) Reports.--
``(1) Grantee annual reports.--Each eligible entity
receiving a grant under this subpart annually shall submit to
the Secretary a report of its operations and activities under
this subpart.
``(2) Contents.--Each such annual report shall include--
``(A) a copy of the most recent financial
statements, and any accompanying opinion on such
statements, prepared by the independent public
accountant reviewing the financial records of the
eligible entity;
``(B) a copy of any report made on an audit of the
financial records of the eligible entity that was
conducted under subsection (a) during the reporting
period;
``(C) an evaluation by the eligible entity of the
effectiveness of its use of the Federal funds provided
under this subpart in leveraging private funds;
``(D) a listing and description of the charter
schools served during the reporting period;
``(E) a description of the activities carried out by
the eligible entity to assist charter schools in meeting
the objectives set forth in section 10324; and
``(F) a description of the characteristics of
lenders and other financial institutions participating
in the activities undertaken by the eligible entity
under this subpart during the reporting period.
``(3) Secretarial report.--The Secretary shall review the
reports submitted under paragraph (1) and shall provide a
comprehensive annual report to Congress on the activities
conducted under this subpart.
``SEC. 10328. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.
``No financial obligation of an eligible entity entered into
pursuant to this subpart (such as an obligation under a guarantee, bond,
note, evidence of debt, or loan) shall be an obligation of, or
guaranteed in any respect by, the United States. The full faith and
credit of the United States is not pledged to the payment of funds which
may be required to be paid under any obligation made by an eligible
entity pursuant to any provision of this subpart.
``SEC. 10329. RECOVERY OF FUNDS.
``(a) In General.--The Secretary, in accordance with chapter 37 of
title 31, United States Code, shall collect--
``(1) all of the funds in a reserve account established by
an eligible entity under section 10325(a) if the Secretary
determines, not earlier than 2 years after the date on which the
entity first received funds under this subpart, that the entity
has failed to make substantial progress in carrying out the
purposes described in section 10325(a); or
``(2) all or a portion of the funds in a reserve account
established by an eligible entity under section 10325(a) if the
Secretary determines that the eligible entity has permanently
ceased to use all or a portion of the funds in such account to
accomplish any purpose described in section 10325(a).
``(b) Exercise of Authority.--The Secretary shall not exercise the
authority provided in subsection (a) to collect from any eligible
[[Page 114 STAT. 2763A-61]]
entity any funds that are being properly used to achieve one or more of
the purposes described in section 10325(a).
``(c) Procedures.--The provisions of sections 451, 452, and 458 of
the General Education Provisions Act (20 U.S.C. 1234 et seq.) shall
apply to the recovery of funds under subsection (a).
``(d) Construction.--This section shall not be construed to impair
or affect the authority of the Secretary to recover funds under part D
of the General Education Provisions Act (20 U.S.C. 1234 et seq.).
``SEC. 10330. DEFINITIONS.
``In this subpart:
``(1) The term `charter school' has the meaning given such
term in section 10310.
``(2) The term `eligible entity' means--
``(A) a public entity, such as a State or local
governmental entity;
``(B) a private nonprofit entity; or
``(C) a consortium of entities described in
subparagraphs (A) and (B).
``SEC. 10331. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there are authorized
to be appropriated $100,000,000 for fiscal year 2001.''.
(b) Part C of title X of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8061 et seq.) is amended in each of the following
provisions by striking ``part'' each place such term appears and
inserting ``subpart'':
(1) Sections 10301 through 10305.
(2) Section 10307.
(3) Sections 10309 through 10311.
Sec. 323. (a) Section 8003(b)(2)(F) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)(F)) is amended--
(1) by striking ``the Secretary shall use'' and inserting
``the Secretary--
``(i) shall use'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(ii) except as provided in subparagraph
(C)(i)(I), shall include all of the children
described in subparagraphs (F) and (G) of
subsection (a)(1) enrolled in schools of the local
educational agency in determining (I) the
eligibility of the agency for assistance under
this paragraph, and (II) the amount of such
assistance if the number of such children meet the
requirements of subsection (a)(3).''.
(b) Section 8003(b)(2) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(b)(2)) is amended by adding at the end the
following:
``(G) Determination of average tax rates for general
fund purposes.--For the purpose of determining average
tax rates for general fund purposes for local
educational agencies in a State under this paragraph
(except under subparagraph (C)(i)(II)(bb)), the
Secretary shall use either--
[[Page 114 STAT. 2763A-62]]
``(i) the average tax rate for general fund
purposes for comparable local educational
agencies, as determined by the Secretary in
regulations; or
``(ii) the average tax rate of all the local
educational agencies in the State.''.
This title may be cited as the ``Department of Education
Appropriations Act, 2001''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $69,832,000, of which
$9,832,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or related
contracts for development and construction, to include construction of a
long-term care facility at the United States Naval Home, may be employed
which collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18 and 252.232-7007,
Limitation of Government Obligations.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $303,850,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by part E of title II of
the Domestic Volunteer Service Act of 1973 shall be used to provide
stipends or other monetary incentives to volunteers or volunteer leaders
whose incomes exceed 125 percent of the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2003, $365,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That in addition to
the amounts provided above, $20,000,000, to remain available until
expended, shall be for digitalization, pending enactment of authorizing
legislation.
[[Page 114 STAT. 2763A-63]]
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$38,200,000, including $1,500,000, to remain available through September
30, 2002, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the Director
of the Service is authorized to accept and use on behalf of the United
States gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $6,320,000.
Institute of Museum and Library Services
office of library services: grants and administration
For carrying out subtitle B of the Museum and Library Services Act,
$207,219,000: Provided, That of the amount provided, $1,000,000 shall be
awarded to the National Museum of Women in the Arts in Washington, D.C.,
$700,000 shall be awarded to the University of Idaho Institute for the
Historic Study of Jazz, $2,600,000 shall be awarded to Southeast
Missouri State University River Campus and Museum, $900,000 shall be
awarded to the Heritage Harbor Museum in Rhode Island, $500,000 shall be
awarded to the Alaska Native Heritage Center, $576,000 shall be awarded
to the Franklin Institute in Philadelphia, $925,000 shall be awarded to
the Please Touch Museum, $250,000 shall be awarded to the Pittsburgh
Children's Museum, $510,000 shall be awarded to the Temple University
Library, $1,800,000 shall be awarded to Franklin Pierce College in New
Hampshire, $500,000 shall be awarded to the Louisville Zoo in Kentucky,
$150,000 shall be awarded to the Oregon Historical Society, $1,200,000
shall be awarded to the Mississippi River Museum and Discovery Center in
Dubuque, Iowa, $650,000 shall be awarded to the Salisbury House
Foundation in Des Moines, Iowa, $150,000 shall be awarded to the History
Center for the Linn County Historical Museum in Iowa, $4,000,000 shall
be awarded to the Newsline for the
[[Page 114 STAT. 2763A-64]]
Blind, of which $100,000 shall be awarded to the Iowa Newsline for the
Blind and $100,000 shall be awarded to the West Virginia Newsline for
the Blind, $1,000,000 shall be awarded to the Clay Center for the Arts
and Sciences, $650,000 shall be awarded to Bishops Museum in Hawaii,
$500,000 shall be awarded to the Wisconsin Maritime Museum, $250,000
shall be awarded to the Natural History Museum of Los Angeles, $400,000
shall be awarded to the Perkins Geology Museum at the University of
Vermont, $400,000 shall be awarded to the Walt Whitman Cultural Arts
Center in Camden, New Jersey, $400,000 shall be awarded to the
Plainfield Public Library in Plainfield, New Jersey, $150,000 shall be
awarded to the Ducktown Arts District in Atlantic City, New Jersey,
$400,000 shall be awarded to the Lake Champlain Science Center in
Vermont, $250,000 shall be awarded to the Foundation for the Arts,
Music, and Entertainment of Shreveport-Bossier, Inc., $100,000 shall be
awarded to Bryant College in Rhode Island, $120,000 shall be awarded to
the Fenton Historical Museum of Jamestown, New York, $921,000 shall be
awarded to the Mariners' Museum in Newport News, Virginia, $461,000
shall be awarded to DuPage County Children's Museum in Naperville,
Illinois, $369,000 shall be awarded to the National Baseball Hall of
Fame Library in Cooperstown, New York, $92,000 shall be awarded to the
City of Corona, Riverside, California, $6,000 shall be awarded to the
City of Murrieta, California Public Library, $1,382,000 shall be awarded
to the Sierra Madre, California Public Library, $23,000 shall be awarded
to the Brooklyn Public Library in Brooklyn, New York, $46,000 shall be
awarded to the New York Public Library Staten Island branch, $266,000
shall be awarded to the Edward H. Nabb Research Center at Salisbury
State University in Salisbury, Maryland, $461,000 shall be awarded to
Texas Tech University, $230,000 shall be awarded to the City of Ontario,
California Public Library, $461,000 shall be awarded to the Southern
Oregon University in Ashland, Oregon, $1,106,000 shall be awarded to
Christopher Newport University in Newport News, Virginia, $128,000 shall
be awarded to the Nassau County Museum of Art in Roslyn Harbor, New
York, $850,000 shall be awarded to the Children's Museum of Los Angeles,
$43,000 shall be awarded to Sumter County Library in Sumter, South
Carolina, $298,000 shall be awarded to Columbia College Center for Black
Music Research in Chicago, Illinois, $723,000 shall be awarded to Old
Sturbridge Village in Sturbridge, Massachusetts, $723,000 shall be
awarded to New Bedford Whaling Museum in Massachusetts, $298,000 shall
be awarded to Mystic Seaport Museum of America and the Sea in
Connecticut, $468,000 shall be awarded to the City of Houston Public
Library, $128,000 shall be awarded to the Roberson Museum and Science
Center in Binghampton, New York, $850,000 shall be awarded to Berman
Museum of Art at Ursinus College in Collegeville, Pennsylvania, $680,000
shall be awarded to AMISTAD Research Center at Tulane University,
$2,125,000 shall be awarded to Silas Bronson Library in Waterbury,
Connecticut, $213,000 shall be awarded to Fitchburg Art Museum in
Fitchburg, Massachusetts, $128,000 shall be awarded to North Carolina
Museum of Life and Science, $2,435,000 shall be awarded to New York
Public Library, $85,000 shall be awarded to the New York Botanical
Garden in Bronx, New York, $170,000 shall be awarded to George Eastman
House in Rochester, New York, $425,000 shall be awarded to The National
Aviary in Pittsburgh,
[[Page 114 STAT. 2763A-65]]
Pennsylvania, $723,000 shall be awarded to the George C. Page Museum in
Los Angeles, California, $461,000 shall be awarded to the Abraham
Lincoln Bicentennial Commission, and $410,000 shall be awarded to the AE
Seaman Mineral Museum in Houghton, Michigan.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $8,000,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended), $1,495,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$2,615,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$1,500,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $216,438,000:
Provided, That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f ) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for farming
purposes.
[[Page 114 STAT. 2763A-66]]
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $10,400,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $8,720,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $160,000,000,
which shall include amounts becoming available in fiscal year 2001
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $160,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the fiscal
year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2002, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $95,000,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $5,700,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or
[[Page 114 STAT. 2763A-67]]
award for any personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for any service
provided, or expense incurred, by the Office.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,400,000.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $365,748,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977 for the first quarter of fiscal year 2002,
$114,000,000, to remain available until expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$23,043,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
In addition, $210,000,000, to remain available until September 30,
2002, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and section 10203 of Public Law 105-33. The term
``continuing disability reviews'' means reviews and redeterminations as
defined under section 201(g)(1)(A) of the Social Security Act, as
amended.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2002, $10,470,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $10,000 for official reception and
representation expenses, not more than $6,583,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social
[[Page 114 STAT. 2763A-68]]
Security Advisory Board: Provided further, That unobligated balances at
the end of fiscal year 2001 not needed for fiscal year 2001 shall remain
available until expended to invest in the Social Security Administration
information technology and telecommunications hardware and software
infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
From funds provided under the previous paragraph, notwithstanding
the provision under this heading in Public Law 106-113 regarding
unobligated balances at the end of fiscal year 2000 not needed for such
fiscal year, an amount not to exceed $50,000,000 from such unobligated
balances shall, in addition to funding already available under this
heading for fiscal year 2001, be available for necessary expenses.
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $450,000,000, to remain
available until September 30, 2002, for continuing disability reviews as
authorized by section 103 of Public Law 104-121 and section 10203 of
Public Law 105-33. The term ``continuing disability reviews'' means
reviews and redeterminations as defined under section 201(g)(1)(A) of
the Social Security Act, as amended.
In addition, $91,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2001 exceed $91,000,000, the amounts shall be available in
fiscal year 2002 only to the extent provided in advance in
appropriations Acts.
From funds previously appropriated for this purpose, any unobligated
balances at the end of fiscal year 2000 shall be available to continue
Federal-State partnerships which will evaluate means to promote Medicare
buy-in programs targeted to elderly and disabled individuals under
titles XVIII and XIX of the Social Security Act.
From funds provided under the first paragraph, up to $6,000,000
shall be available for implementation, development, evaluation, and
other costs associated with administration of section 302 of the Ticket
to Work and Work Incentives Improvement Act.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
[[Page 114 STAT. 2763A-69]]
1978, as amended, $16,944,000, together with not to exceed $52,500,000,
to be transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That notice of such transfers shall
be transmitted promptly to the Committees on Appropriations of the House
and Senate.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $15,000,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. 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. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $20,000 and $15,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $2,500 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $2,500 from funds
available for ``Salaries and expenses, National Mediation Board''.
[[Page 114 STAT. 2763A-70]]
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of
any illegal drug.
Sec. 506. (a) 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) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) 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. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal money; (2)
the dollar amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project or
program that will be financed by non-governmental sources.
Sec. 508. (a) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
[[Page 114 STAT. 2763A-71]]
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
Sec. 510. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 511. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established by section 202 of the Controlled Substances Act
(21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 513. (a) Section 403(a)(5)(H)(iii) of the Social Security Act
(42 U.S.C. 603(a)(5)(H)(iii)) is amended by striking ``2001'' and
inserting ``2005''.
(b) Section 403(a)(5)(H) of such Act (42 U.S.C. 603(a)(5)(G)) is
amended by adding at the end the following:
``(iv) Interim report.--Not later than January
1, 2002, the Secretary shall submit to the
Congress an interim report on the evaluations
referred to in clause (i).''.
Sec. 514. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
[[Page 114 STAT. 2763A-72]]
Sec. 515. Section 410(b) of The Ticket to Work and Work Incentives
Improvement Act of 1999 (Public Law 106-170) is amended by striking
``2009'' both places it appears and inserting ``2001''.
Sec. 516. (a) Human Papillomavirus.--Part B of title III of the
Public Health Services Act (42 U.S.C. 243 et seq.) is amended by
inserting before section 318 the following section:
``human papillomavirus
``Sec. 317P. (a) Surveillance.--
``(1) In general.--The Secretary, acting through the Centers
for Disease Control and Prevention, shall--
``(A) enter into cooperative agreements with States
and other entities to conduct sentinel surveillance or
other special studies that would determine the
prevalence in various age groups and populations of
specific types of human papillomavirus (referred to in
this section as `HPV') in different sites in various
regions of the United States, through collection of
special specimens for HPV using a variety of laboratory-
based testing and diagnostic tools; and
``(B) develop and analyze data from the HPV sentinel
surveillance system described in subparagraph (A).
``(2) Report.--The Secretary shall make a progress report to
the Congress with respect to paragraph (1) no later than 1 year
after the effective date of this section.
``(b) Prevention Activities; Education Program.--
``(1) In general.--The Secretary, acting through the Centers
for Disease Control and Prevention, shall conduct prevention
research on HPV, including--
``(A) behavioral and other research on the impact of
HPV-related diagnosis on individuals;
``(B) formative research to assist with the
development of educational messages and information for
the public, for patients, and for their partners about
HPV;
``(C) surveys of physician and public knowledge,
attitudes, and practices about genital HPV infection;
and
``(D) upon the completion of and based on the
findings under subparagraphs (A) through (C), develop
and disseminate educational materials for the public and
health care providers regarding HPV and its impact and
prevention.
``(2) Report; final proposal.--The Secretary shall make a
progress report to the Congress with respect to paragraph (1)
not later than 1 year after the effective date of this section,
and shall develop a final report not later than 3 years after
such effective date, including a detailed summary of the
significant findings and problems and the best strategies to
prevent future infections, based on available science.
``(c) HPV Education and Prevention.--
``(1) In general.--The Secretary shall prepare and
distribute educational materials for health care providers and
the public that include information on HPV. Such materials shall
address--
``(A) modes of transmission;
``(B) consequences of infection, including the link
between HPV and cervical cancer;
[[Page 114 STAT. 2763A-73]]
``(C) the available scientific evidence on the
effectiveness or lack of effectiveness of condoms in
preventing infection with HPV; and
``(D) the importance of regular Pap smears, and
other diagnostics for early intervention and prevention
of cervical cancer purposes in preventing cervical
cancer.
``(2) Medically accurate information.--Educational material
under paragraph (1), and all other relevant educational and
prevention materials prepared and printed from this date forward
for the public and health care providers by the Secretary
(including materials prepared through the Food and Drug
Administration, the Centers for Disease Control and Prevention,
and the Health Resources and Services Administration), or by
contractors, grantees, or subgrantees thereof, that are
specifically designed to address STDs including HPV shall
contain medically accurate information regarding the
effectiveness or lack of effectiveness of condoms in preventing
the STD the materials are designed to address. Such requirement
only applies to materials mass produced for the public and
health care providers, and not to routine communications.''.
(b) labeling of condoms.--The Secretary of Health and Human Services
shall reexamine existing condom labels that are authorized pursuant to
the Federal Food, Drug, and Cosmetic Act to determine whether the labels
are medically accurate regarding the overall effectiveness or lack of
effectiveness of condoms in preventing sexually transmitted diseases,
including HPV.
Sec. 517. Section 403(o) of the Food, Drug, and Cosmetic Act (21
U.S.C. 343(o)) is repealed. Subsections (c) and (d) of section 4 of the
Saccharin Study and Labeling Act are repealed.
Sec. 518. (a) Title VIII of the Social Security Act is amended by
inserting after section 810 (42 U.S.C. 1010) the following new section:
``SEC. 810A. OPTIONAL FEDERAL ADMINISTRATION OF STATE RECOGNITION
PAYMENTS.
``(a) In General.--The Commissioner of Social Security may enter
into an agreement with any State (or political subdivision thereof )
that provides cash payments on a regular basis to individuals entitled
to benefits under this title under which the Commissioner of Social
Security shall make such payments on behalf of such State (or
subdivision).
``(b) Agreement Terms.--
``(1) In general.--Such agreement shall include such terms
as the Commissioner of Social Security finds necessary to
achieve efficient and effective administration of both this
title and the State program.
``(2) Financial terms.--Such agreement shall provide for the
State to pay the Commissioner of Social Security, at such times
and in such installments as the parties may specify--
``(A) an amount equal to the expenditures made by
the Commissioner of Social Security pursuant to such
agreement as payments to individuals on behalf of such
State; and
[[Page 114 STAT. 2763A-74]]
``(B) an administration fee to reimburse the
administrative expenses incurred by the Commissioner of
Social Security in making payments to individuals on
behalf of the State.
``(c) Special Disposition of Administration Fees.--Administration
fees, upon collection, shall be credited to a special fund established
in the Treasury of the United States for State recognition payments for
certain World War II veterans. The amounts so credited, to the extent
and in the amounts provided in advance in appropriations Acts, shall be
available to defray expenses incurred in carrying out this title.''.
(b) Conforming Amendments.--
(1) The table of contents of title VIII of the Social
Security Act is amended by inserting after
``Sec. 810. Other administrative provisions.''
the following:
``Sec. 810A. Optional Federal administration of State recognition
payments.''.
(2) Section 1129A(e) of the Social Security Act (42 U.S.C.
1320a-8a(e)) is amended--
(A) by inserting ``VIII or'' after ``benefits
under'';
(B) by inserting ``810A or'' after ``agreement under
section'';
(C) by inserting ``1010A or'' before ``1382(e)(a)'';
and
(D) by inserting ``, as the case may be''
immediately before the period.
Sec. 519. Section 1612(a)(1) of the Social Security Act (42 U.S.C.
1382(a) is amended--
(1) in subparagraph (A), by inserting ``but without the
application of section 210( j)(3)'' immediately before the
semicolon; and
(2) in subparagraph (B), by--
(A) striking ``and the last'' and inserting ``the
last''; and
(B) inserting ``, and section 210( j)(3)'' after
``subsection (a)''.
Sec. 520. Amounts made available under this Act for the
administrative and related expenses for departmental management for the
Department of Labor, the Department of Health and Human Services, and
the Department of Education shall be reduced on a pro rata basis by
$25,000,000: Provided, That this provision shall not apply to the Food
and Drug Administration and the Indian Health Service.
TITLE VI--ASSETS FOR INDEPENDENCE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Assets for Independence Act
Amendments of 2000''.
SEC. 602. MATCHING CONTRIBUTIONS UNAVAILABLE FOR EMERGENCY WITHDRAWALS.
Section 404(5)(A)(v) of the Assets for Independence Act (42 U.S.C.
604 note) is amended by striking ``, or enabling the eligible individual
to make an emergency withdrawal''.
[[Page 114 STAT. 2763A-75]]
SEC. 603. ADDITIONAL QUALIFIED ENTITIES.
Section 404(7)(A) of the Assets for Independence Act (42 U.S.C. 604
note) is amended--
(1) in clause (i), by striking ``or'' at the end thereof;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) an entity that--
``(I) is--
``(aa) a credit union
designated as a low-income
credit union by the National
Credit Union Administration
(NCUA); or
``(bb) an organization
designated as a community
development financial
institution by the Secretary of
the Treasury (or the Community
Development Financial
Institutions Fund); and
``(II) can demonstrate a
collaborative relationship with a local
community-based organization whose
activities are designed to address
poverty in the community and the needs
of community members for economic
independence and stability.''.
SEC. 604. HOME PURCHASE COSTS.
Section 404(8)(B)(i) of the Assets for Independence Act (42 U.S.C.
604 note) is amended by striking ``100'' and inserting ``120''.
SEC. 605. INCREASED SET-ASIDE FOR ECONOMIC LITERACY TRAINING AND
ADMINISTRATIVE COSTS.
Section 407(c)(3) of the Assets for Independence Act (42 U.S.C. 604
note) is amended--
(1) by striking ``9.5'' and inserting ``15''; and
(2) by inserting after the first sentence the following:
``Of the total amount specified in this paragraph, not more than
7.5 percent shall be used for administrative functions under
paragraph (1)(C), including program management, reporting
requirements, recruitment and enrollment of individuals, and
monitoring. The remainder of the total amount specified in this
paragraph (not including the amount specified for use for the
purposes described in paragraph (1)(D)) shall be used for
nonadministrative functions described in paragraph (1)(A),
including case management, budgeting, economic literacy, and
credit counseling. If the cost of nonadministrative functions
described in paragraph (1)(A) is less than 5.5 percent of the
total amount specified in this paragraph, such excess funds may
be used for administrative functions.''.
SEC. 606. ALTERNATIVE ELIGIBILITY CRITERIA.
Section 408(a)(1) of the Assets for Independence Act (42 U.S.C. 604
note) is amended by striking ``does not exceed'' and inserting ``is
equal to or less than 200 percent of the poverty line (as determined by
the Office of Management and Budget) or''.
SEC. 607. REVISED ANNUAL PROGRESS REPORT DEADLINE.
(a) In General.--Section 412(c) of the Assets for Independence Act
(42 U.S.C. 604 note) is amended by striking ``calendar'' and inserting
``project''.
[[Page 114 STAT. 2763A-76]]
(b) Transitional Deadline.--Notwithstanding the amendment made by
subsection (a), the submission of the initial report of a qualified
entity under section 412(c) shall not be required prior to the date that
is 90 days after the date of enactment of this title.
SEC. 608. REVISED INTERIM EVALUATION REPORT DEADLINE.
(a) In General.--Section 414(d)(1) of the Assets for Independence
Act (42 U.S.C. 604 note) is amended by striking ``calendar'' and
inserting ``project''.
(b) Transitional Deadline.--Notwithstanding the amendment made by
subsection (a), the submission of the initial interim report of the
Secretary under section 412(c) shall not be required prior to the date
that is 90 days after the date of enactment of this title.
SEC. 609. INCREASED APPROPRIATIONS FOR EVALUATION EXPENSES.
Subsection (e) of section 414 of the Assets for Independence Act (42
U.S.C. 604 note) is amended to read as follows:
``(e) Evaluation Expenses.--Of the amount appropriated under section
416 for a fiscal year, the Secretary may expend not more than $500,000
for such fiscal year to carry out the objectives of this section.''.
SEC. 610. NO REDUCTION IN BENEFITS.
Section 415 of the Assets for Independence Act (42 U.S.C. 604 note)
is amended to read as follows:
``SEC. 415. NO REDUCTION IN BENEFITS.
``Notwithstanding any other provision of Federal law (other than the
Internal Revenue Code of 1986) that requires consideration of one or
more financial circumstances of an individual, for the purpose of
determining eligibility to receive, or the amount of, any assistance or
benefit authorized by such law to be provided to or for the benefit of
such individual, funds (including interest accruing) in an individual
development account under this Act shall be disregarded for such purpose
with respect to any period during which such individual maintains or
makes contributions into such an account.''.
TITLE VII--PHYSICAL EDUCATION FOR PROGRESS ACT
Sec. 701. Physical Education for Progress. Title X of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended
by adding at the end the following:
``PART L--PHYSICAL EDUCATION FOR PROGRESS
``SEC. 10999A. SHORT TITLE.
``This part may be cited as the `Physical Education for Progress
Act'.
``SEC. 10999B. PURPOSE.
``The purpose of this part is to award grants and contracts to local
educational agencies to enable the local educational agencies to
initiate, expand and improve physical education programs for all
kindergarten through 12th grade students.
[[Page 114 STAT. 2763A-77]]
``SEC. 10999C. FINDINGS.
``Congress makes the following findings:
``(1) Physical education is essential to the development of
growing children.
``(2) Physical education helps improve the overall health of
children by improving their cardiovascular endurance, muscular
strength and power, and flexibility, and by enhancing weight
regulation, bone development, posture, skillful moving, active
lifestyle habits, and constructive use of leisure time.
``(3) Physical education helps improve the self esteem,
interpersonal relationships, responsible behavior, and
independence of children.
``(4) Children who participate in high quality daily
physical education programs tend to be more healthy and
physically fit.
``(5) The percentage of young people who are overweight has
more than doubled in the 30 years preceding 1999.
``(6) Low levels of activity contribute to the high
prevalence of obesity among children in the United States.
``(7) Obesity related diseases cost the United States
economy more than $100,000,000,000 every year.
``(8) Inactivity and poor diet cause at least 300,000 deaths
a year in the United States.
``(9) Physically fit adults have significantly reduced risk
factors for heart attacks and stroke.
``(10) Children are not as active as they should be and
fewer than one in four children get 20 minutes of vigorous
activity every day of the week.
``(11) The Surgeon General's 1996 Report on Physical
Activity and Health, and the Centers for Disease Control and
Prevention, recommend daily physical education for all students
in kindergarten through grade 12.
``(12) Twelve years after Congress passed House Concurrent
Resolution 97, 100th Congress, agreed to December 11, 1987,
encouraging State and local governments and local educational
agencies to provide high quality daily physical education
programs for all children in kindergarten through grade 12,
little progress has been made.
``(13) Every student in our Nation's schools, from
kindergarten through grade 12, should have the opportunity to
participate in quality physical education. It is the unique role
of quality physical education programs to develop the health-
related fitness, physical competence, and cognitive
understanding about physical activity for all students so that
the students can adopt healthy and physically active lifestyles.
``SEC. 10999D. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants to, and enter into
contracts with, local educational agencies to pay the Federal share of
the costs of initiating, expanding, and improving physical education
programs for kindergarten through grade 12 students by--
``(1) providing equipment and support to enable students to
actively participate in physical education activities; and
``(2) providing funds for staff and teacher training and
education.
[[Page 114 STAT. 2763A-78]]
``SEC. 10999E. APPLICATIONS; PROGRAM ELEMENTS.
``(a) Applications.--Each local educational agency desiring a grant
or contract under this part shall submit to the Secretary an application
that contains a plan to initiate, expand, or improve physical education
programs in the schools served by the agency in order to make progress
toward meeting State standards for physical education.
``(b) Program Elements.--A physical education program described in
any application submitted under subsection (a) may provide--
``(1) fitness education and assessment to help children
understand, improve, or maintain their physical well-being;
``(2) instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every child;
``(3) development of cognitive concepts about motor skill
and physical fitness that support a lifelong healthy lifestyle;
``(4) opportunities to develop positive social and
cooperative skills through physical activity participation;
``(5) instruction in healthy eating habits and good
nutrition; and
``(6) teachers of physical education the opportunity for
professional development to stay abreast of the latest research,
issues, and trends in the field of physical education.
``(c) Special Rule.--For the purpose of this part, extracurricular
activities such as team sports and Reserve Officers' Training Corps
(ROTC) program activities shall not be considered as part of the
curriculum of a physical education program assisted under this part.
``SEC. 10999F. PROPORTIONALITY.
``The Secretary shall ensure that grants awarded and contracts
entered into under this part shall be equitably distributed between
local educational agencies serving urban and rural areas, and between
local educational agencies serving large and small numbers of students.
``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS.
``An application for funds under this part may provide for the
participation, in the activities funded under this part, of--
``(1) home-schooled children, and their parents and
teachers; or
``(2) children enrolled in private nonprofit elementary
schools or secondary schools, and their parents and teachers.
``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.
``As a condition to continue to receive grant or contract funding
after the first year of a multiyear grant or contract under this part,
the administrator of the grant or contract for the local educational
agency shall submit to the Secretary an annual report that describes the
activities conducted during the preceding year and demonstrates that
progress has been made toward meeting State standards for physical
education.
``SEC. 10999I. REPORT TO CONGRESS.
``The Secretary shall submit a report to Congress not later than
June 1, 2003, that describes the programs assisted under
[[Page 114 STAT. 2763A-79]]
this part, documents the success of such programs in improving physical
fitness, and makes such recommendations as the Secretary determines
appropriate for the continuation and improvement of the programs
assisted under this part.
``SEC. 10999J. ADMINISTRATIVE COSTS.
``Not more than 5 percent of the grant or contract funds made
available to a local educational agency under this part for any fiscal
year may be used for administrative costs.
``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.
``(a) Federal Share.--The Federal share under this part may not
exceed--
``(1) 90 percent of the total cost of a project for the
first year for which the project receives assistance under this
part; and
``(2) 75 percent of such cost for the second and each
subsequent such year.
``(b) Supplement Not Supplant.--Funds made available under this part
shall be used to supplement and not supplant other Federal, State and
local funds available for physical education activities.
``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $30,000,000 for fiscal
year 2001, $70,000,000 for fiscal year 2002, and $100,000,000 for each
of the fiscal years 2003 through 2005, to carry out this part. Such
funds shall remain available until expended.''.
TITLE VIII--EARLY LEARNING OPPORTUNITIES
SEC. 801. SHORT TITLE; FINDINGS.
(a) Short Title.--This title may be cited as the ``Early Learning
Opportunities Act''.
(b) Findings.--Congress finds that--
(1) medical research demonstrates that adequate stimulation
of a young child's brain between birth and age 5 is critical to
the physical development of the young child's brain;
(2) parents are the most significant and effective teachers
of their children, and they alone are responsible for choosing
the best early learning opportunities for their child;
(3) parent education and parent involvement are critical to
the success of any early learning program or activity;
(4) the more intensively parents are involved in their
child's early learning, the greater the cognitive and
noncognitive benefits to their children;
(5) many parents have difficulty finding the information and
support the parents seek to help their children grow to their
full potential;
(6) each day approximately 13,000,000 young children,
including 6,000,000 infants or toddlers, spend some or all of
their day being cared for by someone other than their parents;
(7) quality early learning programs, including those
designed to promote effective parenting, can increase the
literacy rate, the secondary school graduation rate, the
employment rate, and the college enrollment rate for children
who have participated in voluntary early learning programs and
activities;
[[Page 114 STAT. 2763A-80]]
(8) early childhood interventions can yield substantial
advantages to participants in terms of emotional and cognitive
development, education, economic well-being, and health, with
the latter two advantages applying to the children's families as
well;
(9) participation in quality early learning programs,
including those designed to promote effective parenting, can
decrease the future incidence of teenage pregnancy, welfare
dependency, at-risk behaviors, and juvenile delinquency for
children;
(10) several cost-benefit analysis studies indicate that for
each $1 invested in quality early learning programs, the Federal
Government can save over $5 by reducing the number of children
and families who participate in Federal Government programs like
special education and welfare;
(11) for children placed in the care of others during the
workday, the low salaries paid to the child care staff, the lack
of career progression for the staff, and the lack of child
development specialists involved in early learning and child
care programs, make it difficult to attract and retain the
quality of staff necessary for a positive early learning
experience;
(12) Federal Government support for early learning has
primarily focused on out-of-home care programs like those
established under the Head Start Act, the Child Care and
Development Block Grant of 1990, and part C of the Individuals
with Disabilities Education Act, and these programs--
(A) serve far fewer than half of all eligible
children;
(B) are not primarily designed to provide support
for parents who care for their young children in the
home; and
(C) lack a means of coordinating early learning
opportunities in each community; and
(13) by helping communities increase, expand, and better
coordinate early learning opportunities for children and their
families, the productivity and creativity of future generations
will be improved, and the Nation will be prepared for continued
leadership in the 21st century.
SEC. 802. PURPOSES.
The purposes of this title are--
(1) to increase the availability of voluntary programs,
services, and activities that support early childhood
development, increase parent effectiveness, and promote the
learning readiness of young children so that young children
enter school ready to learn;
(2) to support parents, child care providers, and caregivers
who want to incorporate early learning activities into the daily
lives of young children;
(3) to remove barriers to the provision of an accessible
system of early childhood learning programs in communities
throughout the United States;
(4) to increase the availability and affordability of
professional development activities and compensation for
caregivers and child care providers; and
(5) to facilitate the development of community-based systems
of collaborative service delivery models characterized by
resource sharing, linkages between appropriate supports, and
local planning for services.
[[Page 114 STAT. 2763A-81]]
SEC. 803. DEFINITIONS.
In this title:
(1) Caregiver.--The term ``caregiver'' means an individual,
including a relative, neighbor, or family friend, who regularly
or frequently provides care, with or without compensation, for a
child for whom the individual is not the parent.
(2) Child care provider.--The term ``child care provider''
means a provider of non-residential child care services
(including center-based, family-based, and in-home child care
services) for compensation who or that is legally operating
under State law, and complies with applicable State and local
requirements for the provision of child care services.
(3) Early learning.--The term ``early learning'', used with
respect to a program or activity, means learning designed to
facilitate the development of cognitive, language, motor, and
social-emotional skills for, and to promote learning readiness
in, young children.
(4) Early learning program.--The term ``early learning
program'' means--
(A) a program of services or activities that helps
parents, caregivers, and child care providers
incorporate early learning into the daily lives of young
children; or
(B) a program that directly provides early learning
to young children.
(5) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(6) Local council.--The term ``Local Council'' means a Local
Council established or designated under section 814(a) that
serves one or more localities.
(7) Locality.--The term ``locality'' means a city, county,
borough, township, or area served by another general purpose
unit of local government, an Indian tribe, a Regional
Corporation, or a Native Hawaiian entity.
(8) Parent.--The term ``parent'' means a biological parent,
an adoptive parent, a stepparent, a foster parent, or a legal
guardian of, or a person standing in loco parentis to, a child.
(9) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and Budget,
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(10) Regional corporation.--The term ``Regional
Corporation'' means an entity listed in section 419(4)(B) of the
Social Security Act (42 U.S.C. 619(4)(B)).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(12) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(13) Training.--The term ``training'' means instruction in
early learning that--
(A) is required for certification under State and
local laws, regulations, and policies;
(B) is required to receive a nationally or State
recognized credential or its equivalent;
[[Page 114 STAT. 2763A-82]]
(C) is received in a postsecondary education program
focused on early learning or early childhood development
in which the individual is enrolled; or
(D) is provided, certified, or sponsored by an
organization that is recognized for its expertise in
promoting early learning or early childhood development.
(14) Young child.--The term ``young child'' means any child
from birth to the age of mandatory school attendance in the
State where the child resides.
SEC. 804. PROHIBITIONS.
(a) Participation Not Required.--No person, including a parent,
shall be required to participate in any program of early childhood
education, early learning, parent education, or developmental screening
pursuant to the provisions of this title.
(b) Rights of Parents.--Nothing in this title shall be construed to
affect the rights of parents otherwise established in Federal, State, or
local law.
(c) Particular Methods or Settings.--No entity that receives funds
under this title shall be required to provide services under this title
through a particular instructional method or in a particular
instructional setting to comply with this title.
(d) Nonduplication.--No funds provided under this title shall be
used to carry out an activity funded under another provision of law
providing for Federal child care or early learning programs, unless an
expansion of such activity is identified in the local needs assessment
and performance goals under this title.
SEC. 805. AUTHORIZATION AND APPROPRIATION OF FUNDS.
There are authorized to be appropriated to the Department of Health
and Human Services to carry out this title--
(1) $750,000,000 for fiscal year 2001;
(2) $1,000,000,000 for fiscal year 2002;
(3) $1,500,000,000 for fiscal year 2003; and
(4) such sums as may be necessary for each of the fiscal
years 2004 and 2005.
SEC. 806. COORDINATION OF FEDERAL PROGRAMS.
(a) Coordination.--The Secretary and the Secretary of Education
shall develop mechanisms to resolve administrative and programmatic
conflicts between Federal programs that would be a barrier to parents,
caregivers, service providers, or children related to the coordination
of services and funding for early learning programs.
(b) Use of Equipment and Supplies.--In the case of a collaborative
activity funded under this title and another provision of law providing
for Federal child care or early learning programs, the use of equipment
and nonconsumable supplies purchased with funds made available under
this title or such provision shall not be restricted to children
enrolled or otherwise participating in the program carried out under
this title or such provision, during a period in which the activity is
predominately funded under this title or such provision.
SEC. 807. PROGRAM AUTHORIZED.
(a) Grants.--From amounts appropriated under section 805 the
Secretary shall award grants to States to enable the States to award
grants to Local Councils to pay the Federal share of
[[Page 114 STAT. 2763A-83]]
the cost of carrying out early learning programs in the locality served
by the Local Council.
(b) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsections (a) and (e) shall be 85 percent for the first and
second years of the grant, 80 percent for the third and fourth
years of the grant, and 75 percent for the fifth and subsequent
years of the grant.
(2) Non-federal share.--The non-Federal share of the cost
described in subsections (a) and (e) may be contributed in cash
or in kind, fairly evaluated, including facilities, equipment,
or services, which may be provided from State or local public
sources, or through donations from private entities. For the
purposes of this paragraph the term ``facilities'' includes the
use of facilities, but the term ``equipment'' means donated
equipment and not the use of equipment.
(c) Maintenance of Effort.--The Secretary shall not award a grant
under this title to any State unless the Secretary first determines that
the total expenditures by the State and its political subdivisions to
support early learning programs (other than funds used to pay the non-
Federal share under subsection (b)(2)) for the fiscal year for which the
determination is made is equal to or greater than such expenditures for
the preceding fiscal year.
(d) Supplement Not Supplant.--Amounts received under this title
shall be used to supplement and not supplant other Federal, State, and
local public funds expended to promote early learning.
(e) Special Rule.--If funds appropriated to carry out this title are
less than $150,000,000 for any fiscal year, the Secretary shall award
grants for the fiscal year directly to Local Councils, on a competitive
basis, to pay the Federal share of the cost of carrying out early
learning programs in the locality served by the Local Council. In
carrying out the preceding sentence--
(1) subsection (c), subsections (b) and (c) of section 810,
and paragraphs (1), (2), and (3) of section 811(a) shall not
apply;
(2) State responsibilities described in section 811(d) shall
be carried out by the Local Council with regard to the locality;
(3) the Secretary shall provide such technical assistance
and monitoring as necessary to ensure that the use of the funds
by Local Councils and the distribution of the funds to Local
Councils are consistent with this title; and
(4) subject to paragraph (1), the Secretary shall assume the
responsibilities of the Lead State Agency under this title, as
appropriate.
SEC. 808. USES OF FUNDS.
(a) In General.--Subject to section 810, grant funds under this
title shall be used to pay for developing, operating, or enhancing
voluntary early learning programs that are likely to produce sustained
gains in early learning.
(b) Limited Uses.--Subject to section 810, Lead State Agencies and
Local Councils shall ensure that funds made available under this title
to the agencies and Local Councils are used for three or more of the
following activities:
(1) Helping parents, caregivers, child care providers, and
educators increase their capacity to facilitate the development
of cognitive, language comprehension, expressive language,
[[Page 114 STAT. 2763A-84]]
social-emotional, and motor skills, and promote learning
readiness.
(2) Promoting effective parenting.
(3) Enhancing early childhood literacy.
(4) Developing linkages among early learning programs within
a community and between early learning programs and health care
services for young children.
(5) Increasing access to early learning opportunities for
young children with special needs, including developmental
delays, by facilitating coordination with other programs serving
such young children.
(6) Increasing access to existing early learning programs by
expanding the days or times that the young children are served,
by expanding the number of young children served, or by
improving the affordability of the programs for low-income
families.
(7) Improving the quality of early learning programs through
professional development and training activities, increased
compensation, and recruitment and retention incentives, for
early learning providers.
(8) Removing ancillary barriers to early learning, including
transportation difficulties and absence of programs during
nontraditional work times.
(c) Requirements.--Each Lead State Agency designated under section
810(c) and Local Councils receiving a grant under this title shall
ensure--
(1) that Local Councils described in section 814 work with
local educational agencies to identify cognitive, social,
emotional, and motor developmental abilities which are necessary
to support children's readiness for school;
(2) that the programs, services, and activities assisted
under this title will represent developmentally appropriate
steps toward the acquisition of those abilities; and
(3) that the programs, services, and activities assisted
under this title collectively provide benefits for children
cared for in their own homes as well as children placed in the
care of others.
(d) Sliding Scale Payments.--States and Local Councils receiving
assistance under this title shall ensure that programs, services, and
activities assisted under this title which customarily require a payment
for such programs, services, or activities, adjust the cost of such
programs, services, and activities provided to the individual or the
individual's child based on the individual's ability to pay.
SEC. 809. RESERVATIONS AND ALLOTMENTS.
(a) Reservation for Indian Tribes, Alaska Natives, and Native
Hawaiians.--The Secretary shall reserve 1 percent of the total amount
appropriated under section 805 for each fiscal year, to be allotted to
Indian tribes, Regional Corporations, and Native Hawaiian entities, of
which--
(1) 0.5 percent shall be available to Indian tribes; and
(2) 0.5 percent shall be available to Regional Corporations
and Native Hawaiian entities.
(b) Allotments.--From the funds appropriated under this title for
each fiscal year that are not reserved under subsection (a), the
Secretary shall allot to each State the sum of--
[[Page 114 STAT. 2763A-85]]
(1) an amount that bears the same ratio to 50 percent of
such funds as the number of children 4 years of age and younger
in the State bears to the number of such children in all States;
and
(2) an amount that bears the same ratio to 50 percent of
such funds as the number of children 4 years of age and younger
living in families with incomes below the poverty line in the
State bears to the number of such children in all States.
(c) Minimum Allotment.--No State shall receive an allotment under
subsection (b) for a fiscal year in an amount that is less than .40
percent of the total amount appropriated for the fiscal year under this
title.
(d) Availability of Funds.--Any portion of the allotment to a State
that is not expended for activities under this title in the fiscal year
for which the allotment is made shall remain available to the State for
two additional years, after which any unexpended funds shall be returned
to the Secretary. The Secretary shall use the returned funds to carry
out a discretionary grant program for research-based early learning
demonstration projects.
(e) Data.--The Secretary shall make allotments under this title on
the basis of the most recent data available to the Secretary.
SEC. 810. GRANT ADMINISTRATION.
(a) Federal Administrative Costs.--The Secretary may use not more
than 3 percent of the amount appropriated under section 805 for a fiscal
year to pay for the administrative costs of carrying out this title,
including the monitoring and evaluation of State and local efforts.
(b) State Administrative Costs.--A State that receives a grant under
this title may use--
(1) not more than 2 percent of the funds made available
through the grant to carry out activities designed to coordinate
early learning programs on the State level, including programs
funded or operated by the State educational agency, health,
children and family, and human service agencies, and any State-
level collaboration or coordination council involving early
learning and education, such as the entities funded under
section 640(a)(5) of the Head Start Act (42 U.S.C. 9835(a)(5));
(2) not more than 2 percent of the funds made available
through the grant for the administrative costs of carrying out
the grant program and the costs of reporting State and local
efforts to the Secretary; and
(3) not more than 3 percent of the funds made available
through the grant for training, technical assistance, and wage
incentives provided by the State to Local Councils.
(c) Lead State Agency.--
(1) In general.--To be eligible to receive an allotment
under this title, the Governor of a State shall appoint, after
consultation with the leadership of the State legislature, a
Lead State Agency to carry out the functions described in
paragraph (2).
(2) Lead state agency.--
(A) Allocation of funds.--The Lead State Agency
described in paragraph (1) shall allocate funds to Local
Councils as described in section 812.
[[Page 114 STAT. 2763A-86]]
(B) Functions of agency.--In addition to allocating
funds pursuant to subparagraph (A), the Lead State
Agency shall--
(i) advise and assist Local Councils in the
performance of their duties under this title;
(ii) develop and submit the State application;
(iii) evaluate and approve applications
submitted by Local Councils under section 813;
(iv) ensure collaboration with respect to
assistance provided under this title between the
State agency responsible for education and the
State agency responsible for children and family
services;
(v) prepare and submit to the Secretary, an
annual report on the activities carried out in the
State under this title, which shall include a
statement describing how all funds received under
this title are expended and documentation of the
effects that resources under this title have had
on--
(I) parental capacity to improve
learning readiness in their young
children;
(II) early childhood literacy;
(III) linkages among early learning
programs;
(IV) linkages between early learning
programs and health care services for
young children;
(V) access to early learning
activities for young children with
special needs;
(VI) access to existing early
learning programs through expansion of
the days or times that children are
served;
(VII) access to existing early
learning programs through expansion of
the number of young children served;
(VIII) access to and affordability
of existing early learning programs for
low-income families;
(IX) the quality of early learning
programs resulting from professional
development, and recruitment and
retention incentives for caregivers; and
(X) removal of ancillary barriers to
early learning, including transportation
difficulties and absence of programs
during nontraditional work times; and
(vi) ensure that training and research is made
available to Local Councils and that such training
and research reflects the latest available brain
development and early childhood development
research related to early learning.
SEC. 811. STATE REQUIREMENTS.
(a) Eligibility.--To be eligible for a grant under this title, a
State shall--
(1) ensure that funds received by the State under this title
shall be subject to appropriation by the State legislature,
consistent with the terms and conditions required under State
law;
[[Page 114 STAT. 2763A-87]]
(2) designate a Lead State Agency under section 810(c) to
administer and monitor the grant and ensure State-level
coordination of early learning programs;
(3) submit to the Secretary an application at such time, in
such manner, and accompanied by such information as the
Secretary may require;
(4) ensure that funds made available under this title are
distributed on a competitive basis throughout the State to Local
Councils serving rural, urban, and suburban areas of the State;
and
(5) assist the Secretary in developing mechanisms to ensure
that Local Councils receiving funds under this title comply with
the requirements of this title.
(b) State Preference.--In awarding grants to Local Councils under
this title, the State, to the maximum extent possible, shall ensure that
a broad variety of early learning programs that provide a continuity of
services across the age spectrum assisted under this title are funded
under this title, and shall give preference to supporting--
(1) a Local Council that meets criteria, that are specified
by the State and approved by the Secretary, for qualifying as
serving an area of greatest need for early learning programs;
and
(2) a Local Council that demonstrates, in the application
submitted under section 813, the Local Council's potential to
increase collaboration as a means of maximizing use of resources
provided under this title with other resources available for
early learning programs.
(c) Local Preference.--In awarding grants under this title, Local
Councils shall give preference to supporting--
(1) projects that demonstrate their potential to collaborate
as a means of maximizing use of resources provided under this
title with other resources available for early learning
programs;
(2) programs that provide a continuity of services for young
children across the age spectrum, individually, or through
community-based networks or cooperative agreements; and
(3) programs that help parents and other caregivers promote
early learning with their young children.
(d) Performance Goals.--
(1) Assessments.--Based on information and data received
from Local Councils, and information and data available through
State resources, the State shall biennially assess the needs and
available resources related to the provision of early learning
programs within the State.
(2) Performance goals.--Based on the analysis of information
described in paragraph (1), the State shall establish measurable
performance goals to be achieved through activities assisted
under this title.
(3) Requirement.--The State shall award grants to Local
Councils only for purposes that are consistent with the
performance goals established under paragraph (2).
(4) Report.--The State shall report to the Secretary
annually regarding the State's progress toward achieving the
performance goals established in paragraph (2) and any necessary
modifications to those goals, including the rationale for the
modifications.
[[Page 114 STAT. 2763A-88]]
(5) Improvement plans.--If the Secretary determines, based
on the State report submitted under paragraph (4), that the
State is not making progress toward achieving the performance
goals described in paragraph (2), then the State shall submit a
performance improvement plan to the Secretary, and demonstrate
reasonable progress in implementing such plan, in order to
remain eligible for funding under this title.
SEC. 812. LOCAL ALLOCATIONS.
(a) In General.--The Lead State Agency shall allocate to Local
Councils in the State not less than 93 percent of the funds provided to
the State under this title for a fiscal year.
(b) Limitation.--The Lead State Agency shall allocate funds provided
under this title on the basis of the population of the locality served
by the Local Council.
SEC. 813. LOCAL APPLICATIONS.
(a) In General.--To be eligible to receive assistance under this
title, the Local Council shall submit an application to the Lead State
Agency at such time, in such manner, and containing such information as
the Lead State Agency may require.
(b) Contents.--Each application submitted pursuant to subsection (a)
shall include a statement ensuring that the local government entity,
Indian tribe, Regional Corporation, or Native Hawaiian entity has
established or designated a Local Council under section 814, and the
Local Council has developed a local plan for carrying out early learning
programs under this title that includes--
(1) a needs and resources assessment concerning early
learning services and a statement describing how early learning
programs will be funded consistent with the assessment;
(2) a statement of how the Local Council will ensure that
early learning programs will meet the performance goals reported
by the Lead State Agency under this title; and
(3) a description of how the Local Council will form
collaboratives among local youth, social service, and
educational providers to maximize resources and concentrate
efforts on areas of greatest need.
SEC. 814. LOCAL ADMINISTRATION.
(a) Local Council.--
(1) In general.--To be eligible to receive funds under this
title, a local government entity, Indian tribe, Regional
Corporation, or Native Hawaiian entity, as appropriate, shall
establish or designate a Local Council, which shall be composed
of--
(A) representatives of local agencies directly
affected by early learning programs assisted under this
title;
(B) parents;
(C) other individuals concerned with early learning
issues in the locality, such as representative entities
providing elementary education, child care resource and
referral services, early learning opportunities, child
care, and health services; and
(D) other key community leaders.
(2) Designating existing entity.--If a local government
entity, Indian tribe, Regional Corporation, or Native Hawaiian
entity has, before the date of enactment of the Early Learning
Opportunities Act, a Local Council or a regional entity that
[[Page 114 STAT. 2763A-89]]
is comparable to the Local Council described in paragraph (1),
the entity, tribe, or corporation may designate the council or
entity as a Local Council under this title, and shall be
considered to have established a Local Council in compliance
with this subsection.
(3) Functions.--The Local Council shall be responsible for
preparing and submitting the application described in section
813.
(b) Administration.--
(1) Administrative costs.--Not more than 3 percent of the
funds received by a Local Council under this title shall be used
to pay for the administrative costs of the Local Council in
carrying out this title.
(2) Fiscal agent.--A Local Council may designate any entity,
with a demonstrated capacity for administering grants, that is
affected by, or concerned with, early learning issues, including
the State, to serve as fiscal agent for the administration of
grant funds received by the Local Council under this title.
TITLE IX--RURAL EDUCATION ACHIEVEMENT PROGRAM
SEC. 901. RURAL EDUCATION INITIATIVE.
Subpart 2 of part J of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8291 et seq.) is amended to read as
follows:
``Subpart 2--Rural Education Initiative
``SEC. 10971. SHORT TITLE.
``This subpart may be cited as the `Rural Education Achievement
Program'.
``SEC. 10972. PURPOSE.
``It is the purpose of this subpart to address the unique needs of
rural school districts that frequently--
``(1) lack the personnel and resources needed to compete for
Federal competitive grants; and
``(2) receive formula allocations in amounts too small to be
effective in meeting their intended purposes.
``SEC. 10973. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$62,500,000 for fiscal year 2001.
``SEC. 10974. FORMULA GRANT PROGRAM AUTHORIZED.
``(a) Alternative Uses.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible local educational agency may use the applicable
funding, that the agency is eligible to receive from the State
educational agency for a fiscal year, to carry out local
activities authorized in part A of title I, section 2210(b),
section 3134, or section 4116.
``(2) Notification.--An eligible local educational agency
shall notify the State educational agency of the local
educational agency's intention to use the applicable funding in
accordance with paragraph (1) not later than a date that is
established by the State educational agency for the
notification.
[[Page 114 STAT. 2763A-90]]
``(b) Eligibility.--A local educational agency shall be eligible to
use the applicable funding in accordance with subsection (a) if--
``(1) the total number of students in average daily
attendance at all of the schools served by the local educational
agency is less than 600; and
``(2) all of the schools served by the local educational
agency are designated with a School Locale Code of 7 or 8, as
determined by the Secretary of Education.
``(c) Applicable Funding.--In this section, the term `applicable
funding' means funds provided under each of titles II, IV, and VI,
except for funds made available under section 321 of the Department of
Education Appropriations Act, 2001.
``(d) Disbursal.--Each State educational agency that receives
applicable funding for a fiscal year shall disburse the applicable
funding to local educational agencies for alternative uses under this
section for the fiscal year at the same time that the State educational
agency disburses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such alternative
uses for the fiscal year.
``(e) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other State or
local education funds.
``(f ) Special Rule.--References in Federal law to funds for the
provisions of law set forth in subsection (c) may be considered to be
references to funds for this section.
``(g) Construction.--Nothing in this subpart shall be construed to
prohibit a local educational agency that enters into cooperative
arrangements with other local educational agencies for the provision of
special, compensatory, or other education services pursuant to State law
or a written agreement from entering into similar arrangements for the
use or the coordination of the use of the funds made available under
this subpart.
``SEC. 10975. COMPETITIVE GRANT PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible local educational agencies to enable the local educational
agencies to carry out local activities authorized in part A of title I,
section 2210(b), section 3134, or section 4116.
``(b) Eligibility.--A local educational agency shall be eligible to
receive a grant under this section if--
``(1) the total number of students in average daily
attendance at all of the schools served by the local educational
agency is less than 600; and
``(2) all of the schools served by the local educational
agency are designated with a School Locale Code of 7 or 8, as
determined by the Secretary of Education.
``(c) Amount.--
``(1) In general.--The Secretary shall award a grant to a
local educational agency under this section for a fiscal year in
an amount equal to the amount determined under paragraph (2) for
the fiscal year minus the total amount received under the
provisions of law described under section 10974(c) for the
fiscal year.
``(2) Determination.--The amount referred to in paragraph
(1) is equal to $100 multiplied by the total number of students
in excess of 50 students that are in average daily attendance
[[Page 114 STAT. 2763A-91]]
at the schools served by the local educational agency, plus
$20,000, except that the amount may not exceed $60,000.
``(3) Census determination.--
``(A) In general.--Each local educational agency
desiring a grant under this section shall determine for
each year the number of kindergarten through grade 12
students in average daily attendance at the schools
served by the local educational agency during the period
beginning or the first day of classes and ending on
December 1.
``(B) Submission.--Each local educational agency
shall submit the number described in subparagraph (A) to
the Secretary not later than March 1 of each year.
``(4) Penalty.--If the Secretary determines that a local
educational agency has knowingly submitted false information
under paragraph (3) for the purpose of gaining additional funds
under this section, then the local educational agency shall be
fined an amount equal to twice the difference between the amount
the local educational agency received under this section, and
the correct amount the local educational agency would have
received under this section if the agency had submitted accurate
information under paragraph (3).
``(d) Disbursal.--The Secretary shall disburse the funds awarded to
a local educational agency under this section for a fiscal year not
later than July 1 of that year.
``(e) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant any other State or
local education funds.
``SEC. 10976. ACCOUNTABILITY.
``(a) Academic Achievement.--
``(1) In general.--Each local educational agency that uses
or receives funds under section 10974 or 10975 for a fiscal year
shall--
``(A) administer an assessment that is used
statewide and is consistent with the assessment
described in section 1111(b), to assess the academic
achievement of students in the schools served by the
local educational agency; or
``(B) in the case of a local educational agency for
which there is no statewide assessment described in
subparagraph (A), administer a test, that is selected by
the local educational agency, to assess the academic
achievement of students in the schools served by the
local educational agency.
``(2) Special rule.--Each local educational agency that uses
or receives funds under section 10974 or 10975 shall use the
same assessment or test described in paragraph (1) for each year
of participation in the program carried out under such section.
``(b) State Educational Agency Determination Regarding Continuing
Participation.--Each State educational agency that receives funding
under the provisions of law described in section 10974(c) shall--
``(1) after the third year that a local educational agency
in the State participates in a program authorized under section
10974 or 10975 and on the basis of the results of the
assessments or tests described in subsection (a), determine
whether
[[Page 114 STAT. 2763A-92]]
the students served by the local educational agency
participating in the program performed better on the assessments
or tests after the third year of the participation than the
students performed on the assessments or tests after the first
year of the participation;
``(2) permit only the local educational agencies that
participated in the program and served students that performed
better on the assessments or tests, as described in paragraph
(1), to continue to participate in the program for an additional
period of 3 years; and
``(3) prohibit the local educational agencies that
participated in the program and served students that did not
perform better on the assessments or tests, as described in
paragraph (1), from participating in the program, for a period
of 3 years from the date of the determination.
``SEC. 10977. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.
``(a) In General.--If the amount appropriated for any fiscal year
and made available for grants under this subpart is insufficient to pay
the full amount for which all agencies are eligible under this subpart,
the Secretary shall ratably reduce each such amount.
``(b) Additional Amounts.--If additional funds become available for
making payments under paragraph (1) for such fiscal year, payments that
were reduced under subsection (a) shall be increased on the same basis
as such payments were reduced.
``SEC. 10978. APPLICABILITY.
``Sections 10951 and 10952 shall not apply to this subpart.''.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2001''.
[[Page 114 STAT. 2763A-93]]
APPENDIX B--H.R. 5657
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Legislative Branch for the
fiscal year ending September 30, 2001, and for other purposes, namely:
TITLE I--CONGRESSIONAL OPERATIONS
SENATE
payment to widows and heirs of deceased members of congress
For a payment to Nancy Nally Coverdell, widow of Paul D. Coverdell,
late a Senator from Georgia, $141,300.
expense allowances
For expense allowances of the Vice President, $10,000; the President
Pro Tempore of the Senate, $10,000; Majority Leader of the Senate,
$10,000; Minority Leader of the Senate, $10,000; Majority Whip of the
Senate, $5,000; Minority Whip of the Senate, $5,000; and Chairmen of the
Majority and Minority Conference Committees, $3,000 for each Chairman;
and Chairmen of the Majority and Minority Policy Committees, $3,000 for
each Chairman; in all, $62,000.
representation allowances for the majority and minority leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $92,321,000, which shall be paid
from this appropriation without regard to the below limitations, as
follows:
office of the vice president
For the Office of the Vice President, $1,785,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $453,000.
[[Page 114 STAT. 2763A-94]]
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $2,742,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $1,722,000.
committee on appropriations
For salaries of the Committee on Appropriations, $6,917,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,152,000 for each such committee; in all, $2,304,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $590,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,171,000 for each such committee; in all,
$2,342,000.
office of the chaplain
For Office of the Chaplain, $288,000.
office of the secretary
For Office of the Secretary, $14,738,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $34,811,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,292,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $22,337,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $4,046,000.
[[Page 114 STAT. 2763A-95]]
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,069,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $3,000;
Sergeant at Arms and Doorkeeper of the Senate, $3,000; Secretary for the
Majority of the Senate, $3,000; Secretary for the Minority of the
Senate, $3,000; in all, $12,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth
Congress, as amended, section 112 of Public Law 96-304 and Senate
Resolution 281, agreed to March 11, 1980, $73,000,000.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $370,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$2,077,000.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $71,511,000, of which $2,500,000 shall remain available
until September 30, 2003.
miscellaneous items
For miscellaneous items, $8,655,000.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$253,203,000.
official mail costs
For expenses necessary for official mail costs of the Senate
$300,000.
administrative provisions
Section 1. Semiannual Report. (a) In General.--Section 105(a) of the
Legislative Branch Appropriations Act, 1965 (2 U.S.C. 104a) is amended
by adding at the end the following:
[[Page 114 STAT. 2763A-96]]
``(5)(A) Notwithstanding the requirements of paragraph (1) relating
to the level of detail of statement and itemization, each report by the
Secretary of the Senate required under such paragraph shall be compiled
at a summary level for each office of the Senate authorized to obligate
appropriated funds.
``(B) Subparagraph (A) shall not apply to the reporting of
expenditures relating to personnel compensation, travel and
transportation of persons, other contractual services, and acquisition
of assets.
``(C) In carrying out this paragraph the Secretary of the Senate
shall apply the Standard Federal Object Classification of Expenses as
the Secretary determines appropriate.''.
(b) Effective Date and Application.--
(1) In general.--Subject to paragraph (2), the amendment
made by this section shall take effect on the date of enactment
of this Act.
(2) First report after enactment.--The Secretary of the
Senate may elect to compile and submit the report for the
semiannual period during which the date of enactment of this
section occurs, as if the amendment made by this section had not
been enacted.
Sec. 2. Senate Employee Pay Adjustments. Section 4 of the Federal
Pay Comparability Act of 1970 (2 U.S.C. 60a-1) is amended--
(1) in subsection (a)--
(A) by inserting ``(or section 5304 or 5304a of such
title, as applied to employees employed in the pay
locality of the Washington, D.C.-Baltimore, Maryland
consolidated metropolitan statistical area)'' after
``employees under section 5303 of title 5, United States
Code,''; and
(B) by inserting ``(and, as the case may be, section
5304 or 5304a of such title, as applied to employees
employed in the pay locality of the Washington, D.C.-
Baltimore, Maryland consolidated metropolitan
statistical area)'' after ``the President under such
section 5303'';
(2) by redesignating subsection (e) as subsection (f ); and
(3) by inserting after subsection (d) the following:
``(e) Any percentage used in any statute specifically providing for
an adjustment in rates of pay in lieu of an adjustment made under
section 5303 of title 5, United States Code, and, as the case may be,
section 5304 or 5304a of such title for any calendar year shall be
treated as the percentage used in an adjustment made under such section
5303, 5304, or 5304a, as applicable, for purposes of subsection (a).''.
Sec. 3. (a) Section 6(c) of the Legislative Branch Appropriations
Act, 1999 (2 U.S.C. 121b-1(c)) is amended--
(1) by striking ``and agency contributions'' in paragraph
(2)(A), and
(2) by adding at the end the following:
``(3) Agency contributions for employees of Senate Hair Care
Services shall be paid from the appropriations account for
`Salaries, Officers and Employees'.''.
(b) This section shall apply to pay periods beginning on or after
October 1, 2000.
Sec. 4. (a) There is established in the Treasury of the United
States a revolving fund to be known as the Senate Health and Fitness
Facility Revolving Fund (``the revolving fund'').
[[Page 114 STAT. 2763A-97]]
(b) The Architect of the Capitol shall deposit in the revolving
fund--
(1) any amounts received as dues or other assessments for
use of the Senate Health and Fitness Facility, and
(2) any amounts received from the operation of the Senate
waste recycling program.
(c) Subject to the approval of the Committee on Appropriations of
the Senate, amounts in the revolving fund shall be available to the
Architect of the Capitol, without fiscal year limitation, for payment of
costs of the Senate Health and Fitness Facility.
(d) The Architect of the Capitol shall withdraw from the revolving
fund and deposit in the Treasury of the United States as miscellaneous
receipts all moneys in the revolving fund that the Architect determines
are in excess of the current and reasonably foreseeable needs of the
Senate Health and Fitness Facility.
(e) Subject to the approval of the Committee on Rules and
Administration of the Senate, the Architect of the Capitol may issue
such regulations as may be necessary to carry out the provisions of this
section.
Sec. 5. For each fiscal year (commencing with the fiscal year ending
September 30, 2001), there is authorized an expense allowance for the
Chairmen of the Majority and Minority Policy Committees which shall not
exceed $3,000 each fiscal year for each such Chairman; and amounts from
such allowance shall be paid to either of such Chairmen only as
reimbursement for actual expenses incurred by him and upon certification
and documentation of such expenses, and amounts so paid shall not be
reported as income and shall not be allowed as a deduction under the
Internal Revenue Code of 1986.
Sec. 6. (a) The head of the employing office of an employee of the
Senate may, upon termination of employment of the employee, authorize
payment of a lump sum for the accrued annual leave of that employee if--
(1) the head of the employing office--
(A) has approved a written leave policy authorizing
employees to accrue leave and establishing the
conditions upon which accrued leave may be paid; and
(B) submits written certification to the Financial
Clerk of the Senate of the number of days of annual
leave accrued by the employee for which payment is to be
made under the written leave policy of the employing
office; and
(2) there are sufficient funds to cover the lump sum
payment.
(b)(1) A lump sum payment under this section shall not exceed the
lesser of--
(A) twice the monthly rate of pay of the employee; or
(B) the product of the daily rate of pay of the employee and
the number of days of accrued annual leave of the employee.
(2) The Secretary of the Senate shall determine the rates of pay of
an employee under paragraph (1)(A) and (B) on the basis of the annual
rate of pay of the employee in effect on the date of termination of
employment.
(c) Any payment under this section shall be paid from the
appropriation account or fund used to pay the employee.
(d) If an individual who received a lump sum payment under this
section is reemployed as an employee of the Senate before
[[Page 114 STAT. 2763A-98]]
the end of the period covered by the lump sum payment, the individual
shall refund an amount equal to the applicable pay covering the period
between the date of reemployment and the expiration of the lump sum
period. Such amount shall be deposited to the appropriation account or
fund used to pay the lump sum payment.
(e) The Committee on Rules and Administration of the Senate may
prescribe regulations to carry out this section.
(f ) In this section, the term--
(1) ``employee of the Senate'' means any employee whose pay
is disbursed by the Secretary of the Senate, except that the
term does not include a member of the Capitol Police or a
civilian employee of the Capitol Police; and
(2) ``head of the employing office'' means any person with
the final authority to appoint, hire, discharge, and set the
terms, conditions, or privileges of the employment of an
individual whose pay is disbursed by the Secretary of the
Senate.
Sec. 7. (a) Agency contributions for employees whose salaries are
disbursed by the Secretary of the Senate from the appropriations account
``Joint Economic Committee'' under the heading ``JOINT ITEMS'' shall be
paid from the Senate appropriations account for ``Salaries, Officers and
Employees''.
(b) This section shall apply to pay periods beginning on or after
October 1, 2000.
Sec. 8. Section 316 of Public Law 101-302 (40 U.S.C. 188b-6) is
amended--
(1) in the first sentence of subsection (a) by striking
``items of art, fine art, and historical items'' and inserting
``works of art, historical objects, documents, or material
relating to historical matters for placement or exhibition'';
(2) in the second sentence of subsection (a)--
(A) by striking ``such items'' each place it appears
and inserting ``such works, objects, documents, or
material'' in each such place; and
(B) by striking ``an item'' and inserting ``a work,
object, document, or material''; and
(3) in subsection (b)--
(A) by striking ``such items of art'' and inserting
``such works, objects, documents, or materials''; and
(B) by striking ``shall'' and inserting ``may''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$769,551,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $14,378,000,
including: Office of the Speaker, $1,759,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$1,726,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $2,096,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,466,000,
including $5,000 for official expenses of the Majority
[[Page 114 STAT. 2763A-99]]
Whip; Office of the Minority Whip, including the Chief Deputy Minority
Whip, $1,096,000, including $5,000 for official expenses of the Minority
Whip; Speaker's Office for Legislative Floor Activities, $410,000;
Republican Steering Committee, $765,000; Republican Conference,
$1,255,000; Democratic Steering and Policy Committee, $1,352,000;
Democratic Caucus, $668,000; nine minority employees, $1,229,000;
training and program development--majority, $278,000; and training and
program development--minority, $278,000.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $410,182,000.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $92,196,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2002.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$20,628,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2002.
salaries, officers and employees
For compensation and expenses of officers and employees, as
authorized by law, $90,403,000, including: for salaries and expenses of
the Office of the Clerk, including not more than $3,500, of which not
more than $2,500 is for the Family Room, for official representation and
reception expenses, $14,590,000; for salaries and expenses of the Office
of the Sergeant at Arms, including the position of Superintendent of
Garages, and including not more than $750 for official representation
and reception expenses, $3,692,000; for salaries and expenses of the
Office of the Chief Administrative Officer, $58,550,000, of which
$1,054,000 shall remain available until expended, including $26,605,000
for salaries, expenses and temporary personal services of House
Information Resources, of which $26,020,000 is provided herein:
Provided, That of the amount provided for House Information Resources,
$6,497,000 shall be for net expenses of telecommunications: Provided
further, That House Information Resources is authorized to receive
reimbursement from Members of the House of Representatives and other
governmental entities for services provided and such
[[Page 114 STAT. 2763A-100]]
reimbursement shall be deposited in the Treasury for credit to this
account; for salaries and expenses of the Office of the Inspector
General, $3,249,000; for salaries and expenses of the Office of General
Counsel, $806,000; for the Office of the Chaplain, $140,000; for
salaries and expenses of the Office of the Parliamentarian, including
the Parliamentarian and $2,000 for preparing the Digest of Rules,
$1,201,000; for salaries and expenses of the Office of the Law Revision
Counsel of the House, $2,045,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $5,085,000; for salaries
and expenses of the Corrections Calendar Office, $832,000; and for other
authorized employees, $213,000.
allowances and expenses
For allowances and expenses as authorized by House resolution or
law, $141,764,000, including: supplies, materials, administrative costs
and Federal tort claims, $2,235,000; official mail for committees,
leadership offices, and administrative offices of the House, $410,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $138,726,000; and miscellaneous
items including purchase, exchange, maintenance, repair, and operation
of House motor vehicles, interparliamentary receptions, and gratuities
to heirs of deceased employees of the House, $393,000.
child care center
For salaries and expenses of the House of Representatives Child Care
Center, such amounts as are deposited in the account established by
section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (40
U.S.C. 184g(d)(1)), subject to the level specified in the budget of the
Center, as submitted to the Committee on Appropriations of the House of
Representatives.
Administrative Provisions
Sec. 101. During fiscal year 2001 and any succeeding fiscal year,
the Chief Administrative Officer of the House of Representatives may--
(1) enter into contracts for the acquisition of severable
services for a period that begins in 1 fiscal year and ends in
the next fiscal year to the same extent as the head of an
executive agency under the authority of section 303L of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253l); and
(2) enter into multiyear contracts for the acquisitions of
property and nonaudit-related services to the same extent as
executive agencies under the authority of section 304B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c).
Sec. 102. (a) Permitting New House Employees To Be Placed Above
Minimum Step of Compensation Level.--The House Employees Position
Classification Act (2 U.S.C. 291 et seq.) is amended by striking section
10 (2 U.S.C. 299).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to employees appointed on or after October 1, 2000.
[[Page 114 STAT. 2763A-101]]
Sec. 103. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2001. Any amount remaining after all
payments are made under such allowances for fiscal year 2001 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, Congress.
Sec. 104. (a) There is hereby appropriated for payment to the Prince
William County Public Schools $215,000, to be used to pay for
educational services for the son of Mrs. Evelyn Gibson, the widow of
Detective John Michael Gibson of the United States Capitol Police.
(b) The payment under subsection (a) shall be made in accordance
with terms and conditions established by the Committee on House
Administration of the House of Representatives.
(c) The funds used for the payment made under subsection (a) shall
be derived from the applicable accounts of the House of Representatives.
JOINT ITEMS
For Joint Committees, as follows:
Joint Congressional Committee on Inaugural Ceremonies of 2001
For all construction expenses, salaries, and other expenses
associated with conducting the inaugural ceremonies of the President and
Vice President of the United States, January 20, 2001, in accordance
with such program as may be adopted by the joint committee authorized by
Senate Concurrent Resolution 89, agreed to March 14, 2000 (One Hundred
Sixth Congress), and Senate Concurrent Resolution 90, agreed to March
14, 2000 (One Hundred Sixth Congress), $1,000,000 to be disbursed by the
Secretary of the Senate and to remain available until September 30,
2001. Funds made available under this heading shall be available for
payment, on a direct or reimbursable basis, whether incurred on, before,
or after, October 1, 2000: Provided, That the compensation of any
employee of the Committee on Rules and Administration of the Senate who
has been designated to perform service for the Joint Congressional
Committee on Inaugural Ceremonies shall continue to be paid by the
Committee on Rules and Administration, but the account from which such
staff member is paid may be reimbursed for the services of the staff
member (including agency contributions when appropriate) out of funds
made available under this heading.
[[Page 114 STAT. 2763A-102]]
administrative provision
Sec. 105. During fiscal year 2001 the Secretary of Defense shall
provide protective services on a nonreimbursable basis to the United
States Capitol Police with respect to the following events:
(1) Upon request of the Chair of the Joint Congressional
Committee on Inaugural Ceremonies established under Senate
Concurrent Resolution 89, One Hundred Sixth Congress, agreed to
March 14, 2000, the proceedings and ceremonies conducted for the
inauguration of the President-elect and Vice President-elect of
the United States.
(2) Upon request of the Speaker of the House of
Representatives and the President Pro Tempore of the Senate, the
joint session of Congress held to receive a message from the
President of the United States on the State of the Union.
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$3,315,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$6,430,000, to be disbursed by the Chief Administrative Officer of the
House.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $1,500 per month to the Attending
Physician; (2) an allowance of $500 per month each to three medical
officers while on duty in the Office of the Attending Physician; (3) an
allowance of $500 per month to one assistant and $400 per month each not
to exceed 11 assistants on the basis heretofore provided for such
assistants; and (4) $1,159,904 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and credited
to the applicable appropriation or appropriations from which such
salaries, allowances, and other expenses are payable and shall be
available for all the purposes thereof, $1,835,000, to be disbursed by
the Chief Administrative Officer of the House.
Capitol Police Board
Capitol Police
salaries
For the Capitol Police Board for salaries of officers, members, and
employees of the Capitol Police, including overtime, hazardous duty pay
differential, clothing allowance of not more than $600 each for members
required to wear civilian attire, and Government contributions for
health, retirement, Social Security, and other applicable employee
benefits, $97,142,000, of which $47,053,000
[[Page 114 STAT. 2763A-103]]
is provided to the Sergeant at Arms of the House of Representatives, to
be disbursed by the Chief Administrative Officer of the House, and
$50,089,000 is provided to the Sergeant at Arms and Doorkeeper of the
Senate, to be disbursed by the Secretary of the Senate: Provided, That,
of the amounts appropriated under this heading, such amounts as may be
necessary may be transferred between the Sergeant at Arms of the House
of Representatives and the Sergeant at Arms and Doorkeeper of the
Senate, upon approval of the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate.
general expenses
For the Capitol Police Board for necessary expenses of the Capitol
Police, including motor vehicles, communications and other equipment,
security equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services, stenographic
services, personal and professional services, the employee assistance
program, not more than $2,000 for the awards program, postage, telephone
service, travel advances, relocation of instructor and liaison personnel
for the Federal Law Enforcement Training Center, and $85 per month for
extra services performed for the Capitol Police Board by an employee of
the Sergeant at Arms of the Senate or the House of Representatives
designated by the Chairman of the Board, $6,772,000, to be disbursed by
the Capitol Police Board or their delegee: Provided, That,
notwithstanding any other provision of law, the cost of basic training
for the Capitol Police at the Federal Law Enforcement Training Center
for fiscal year 2001 shall be paid by the Secretary of the Treasury from
funds available to the Department of the Treasury.
Administrative Provisions
Sec. 106. Amounts appropriated for fiscal year 2001 for the Capitol
Police Board for the Capitol Police may be transferred between the
headings ``salaries'' and ``general expenses'' upon the approval of--
(1) the Committee on Appropriations of the House of
Representatives, in the case of amounts transferred from the
appropriation provided to the Sergeant at Arms of the House of
Representatives under the heading ``salaries'';
(2) the Committee on Appropriations of the Senate, in the
case of amounts transferred from the appropriation provided to
the Sergeant at Arms and Doorkeeper of the Senate under the
heading ``salaries''; and
(3) the Committees on Appropriations of the Senate and the
House of Representatives, in the case of other transfers.
Sec. 107. (a) Appointment of Certifying Officers of the Capitol
Police.--The Chief Administrative Officer of the United States Capitol
Police, or when there is not a Chief Administrative Officer, the Capitol
Police Board, shall appoint certifying officers to certify all vouchers
for payment from funds made available to the United States Capitol
Police.
(b) Responsibility and Accountability of Certifying Officers.--
(1) In general.--Each officer or employee of the Capitol
Police who has been duly authorized in writing by the Chief
Administrative Officer, or the Capitol Police Board if there
[[Page 114 STAT. 2763A-104]]
is not a Chief Administrative Officer, to certify vouchers
pursuant to subsection (a) shall--
(A) be held responsible for the existence and
correctness of the facts recited in the certificate or
otherwise stated on the voucher or its supporting papers
and for the legality of the proposed payment under the
appropriation or fund involved;
(B) be held responsible and accountable for the
correctness of the computations of certified vouchers;
and
(C) be held accountable for and required to make
good to the United States the amount of any illegal,
improper, or incorrect payment resulting from any false,
inaccurate, or misleading certificate made by such
officer or employee, as well as for any payment
prohibited by law or which did not represent a legal
obligation under the appropriation or fund involved.
(2) Relief by comptroller general.--The Comptroller General
may, at the Comptroller General's discretion, relieve such
certifying officer or employee of liability for any payment
otherwise proper if the Comptroller General finds--
(A) that the certification was based on official
records and that the certifying officer or employee did
not know, and by reasonable diligence and inquiry could
not have ascertained, the actual facts; or
(B) that the obligation was incurred in good faith,
that the payment was not contrary to any statutory
provision specifically prohibiting payments of the
character involved, and the United States has received
value for such payment.
(c) Enforcement of Liability.--The liability of the certifying
officers of the United States Capitol Police shall be enforced in the
same manner and to the same extent as currently provided with respect to
the enforcement of the liability of disbursing and other accountable
officers, and such officers shall have the right to apply for and obtain
a decision by the Comptroller General on any question of law involved in
a payment on any vouchers presented to them for certification.
Sec. 108. Chief Administrative Officer.--(a) There shall be within
the Capitol Police an Office of Administration to be headed by a Chief
Administrative Officer:
(1) The Chief Administrative Officer shall be appointed by
the Comptroller General after consultation with the Capitol
Police Board, and shall report to and serve at the pleasure of
the Comptroller General.
(2) The Comptroller General shall appoint as Chief
Administrative Officer an individual with the knowledge and
skills necessary to carry out the responsibilities for
budgeting, financial management, information technology, and
human resource management described in this section.
(3) The Chief Administrative Officer shall receive basic pay
at a rate determined by the Comptroller General, but not to
exceed the annual rate of basic pay payable for ES-2 of the
Senior Executive Service Basic Rates Schedule established for
members of the Senior Executive Service of the General
Accounting Office under section 733 of title 31.
[[Page 114 STAT. 2763A-105]]
(4) The Capitol Police shall reimburse from available
appropriations any costs incurred by the General Accounting
Office under this section.
(b) The Chief Administrative Officer shall have the following areas
of responsibility:
(1) Budgeting.--The Chief Administrative Officer shall--
(A) after consulting with the Chief of Police on the
portion of the budget covering uniformed police force
personnel, prepare and submit to the Capitol Police
Board an annual budget for the Capitol Police; and
(B) execute the budget and monitor through periodic
examinations the execution of the Capitol Police budget
in relation to actual obligations and expenditures.
(2) Financial management.--The Chief Administrative Officer
shall--
(A) oversee all financial management activities
relating to the programs and operations of the Capitol
Police;
(B) develop and maintain an integrated accounting
and financial system for the Capitol Police, including
financial reporting and internal controls, which--
(i) complies with applicable accounting
principles, standards, and requirements, and
internal control standards;
(ii) complies with any other requirements
applicable to such systems;
(iii) provides for--
(I) complete, reliable, consistent,
and timely information which is prepared
on a uniform basis and which is
responsive to financial information
needs of the Capitol Police;
(II) the development and reporting
of cost information;
(III) the integration of accounting
and budgeting information; and
(IV) the systematic measurement of
performance;
(C) direct, manage, and provide policy guidance and
oversight of Capitol Police financial management
personnel, activities, and operations, including--
(i) the recruitment, selection, and training
of personnel to carry out Capitol Police financial
management functions; and
(ii) the implementation of Capitol Police
asset management systems, including systems for
cash management, debt collection, and property and
inventory management and control; and
(D) the Chief Administrative Officer shall prepare
annual financial statements for the Capitol Police and
provide for an annual audit of the financial statements
by an independent public accountant in accordance with
generally accepted government auditing standards.
(3) Information technology.--The Chief Administrative
Officer shall--
(A) direct, coordinate, and oversee the acquisition,
use, and management of information technology by the
Capitol Police;
[[Page 114 STAT. 2763A-106]]
(B) promote and oversee the use of information
technology to improve the efficiency and effectiveness
of programs of the Capitol Police; and
(C) establish and enforce information technology
principles, guidelines, and objectives, including
developing and maintaining an information technology
architecture for the Capitol Police.
(4) Human resources.--The Chief Administrative Officer
shall--
(A) direct, coordinate, and oversee human resource
management activities of the Capitol Police, except that
with respect to uniformed police force personnel, the
Chief Administrative Officer shall perform these
activities in cooperation with the Chief of the Capitol
Police;
(B) develop and monitor payroll and time and
attendance systems and employee services; and
(C) develop and monitor processes for recruiting,
selecting, appraising, and promoting employees.
(c) Administrative provisions with respect to the Office of
Administration:
(1) The Chief Administrative Officer is authorized to
select, appoint, employ, and discharge such officers and
employees as may be necessary to carry out the functions,
powers, and duties of the Office of Administration but he shall
not have the authority to hire or discharge uniformed police
force personnel.
(2) The Chief Administrative Officer may utilize resources
of another agency on a reimbursable basis to be paid from
available appropriations of the Capitol Police.
(d) No later than 180 days after appointment, the Chief
Administrative Officer shall prepare, after consultation with the
Capitol Police Board and the Chief of the Capitol Police, a plan--
(1) describing the policies, procedures, and actions the
Chief Administrative Officer will take in carrying out the
responsibilities assigned under this section;
(2) identifying and defining responsibilities and roles of
all offices, bureaus, and divisions of the Capitol Police for
budgeting, financial management, information technology, and
human resources management; and
(3) detailing mechanisms for ensuring that the offices,
bureaus, and divisions perform their responsibilities and roles
in a coordinated and integrated manner.
(e) No later than September 30, 2001, the Chief Administrative
Officer shall prepare, after consultation with the Capitol Police Board
and the Chief of the Capitol Police, a report on the Chief
Administrative Officer's progress in implementing the plan described in
subsection (d) and recommendations to improve the budgeting, financial,
information technology, and human resources management of the Capitol
Police, including organizational, accounting and administrative control,
and personnel changes.
(f ) The Chief Administrative Officer shall submit the plan required
in subsection (d) and the report required in subsection (e) to the
Committees on Appropriations of the House of Representatives and of the
Senate, the Committee on House Administration of the House of
Representatives, and the Committee on Rules and Administration of the
Senate.
[[Page 114 STAT. 2763A-107]]
(g) As of October 1, 2002, unless otherwise determined by the
Comptroller General, the Chief Administrative Officer established by
section (a) will cease to be an employee of the General Accounting
Office and will become an employee of the Capitol Police, and the
Capitol Police Board shall assume all responsibilities of the
Comptroller General under this section.
Sec. 109. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 206-1) is
amended by striking ``the annual rate'' and all that follows and
inserting the following: ``the rate of basic pay payable for level ES-4
of the Senior Executive Service, as established under subchapter VIII of
chapter 53 of title 5, United States Code (taking into account any
comparability payments made under section 5304(h) of such title).''.
(b) The amendment made by subsection (a) shall apply with respect to
pay periods beginning on or after the date of the enactment of this Act.
Capitol Guide Service and Special Services Office
For salaries and expenses of the Capitol Guide Service and Special
Services Office, $2,371,000, to be disbursed by the Secretary of the
Senate: Provided, That no part of such amount may be used to employ more
than 43 individuals: Provided further, That the Capitol Guide Board is
authorized, during emergencies, to employ not more than two additional
individuals for not more than 120 days each, and not more than 10
additional individuals for not more than 6 months each, for the Capitol
Guide Service.
Statements of Appropriations
For the preparation, under the direction of the Committees on
Appropriations of the Senate and the House of Representatives, of the
statements for the second session of the One Hundred Sixth Congress,
showing appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriations bills as required by law, $30,000, to be paid to the
persons designated by the chairmen of such committees to supervise the
work.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $1,820,000.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary to carry out the provisions of
the Congressional Budget Act of 1974 (Public Law 93-344), including not
more than $3,000 to be expended on the certification of the Director of
the Congressional Budget Office in connection with official
representation and reception expenses, $28,493,000: Provided, That no
part of such amount may be used for the purchase or hire of a passenger
motor vehicle.
[[Page 114 STAT. 2763A-108]]
Administrative Provision
Sec. 110. Beginning on the date of enactment of this Act and
hereafter, the Congressional Budget Office may use available funds to
enter into contracts for the procurement of severable services for a
period that begins in one fiscal year and ends in the next fiscal year
and may enter into multi-year contracts for the acquisition of property
and services, to the same extent as executive agencies under the
authority of section 303L and 304B, respectively, of the Federal
Property and Administrative Services Act (41 U.S.C. 253l and 254c).
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
salaries and expenses
For salaries for the Architect of the Capitol, the Assistant
Architect of the Capitol, and other personal services, at rates of pay
provided by law; for surveys and studies in connection with activities
under the care of the Architect of the Capitol; for all necessary
expenses for the maintenance, care and operation of the Capitol and
electrical substations of the Senate and House office buildings under
the jurisdiction of the Architect of the Capitol, including furnishings
and office equipment, including not more than $1,000 for official
reception and representation expenses, to be expended as the Architect
of the Capitol may approve; for purchase or exchange, maintenance and
operation of a passenger motor vehicle; and not to exceed $20,000 for
attendance, when specifically authorized by the Architect of the
Capitol, at meetings or conventions in connection with subjects related
to work under the Architect of the Capitol, $43,689,000, of which
$3,843,000 shall remain available until expended: Provided, That
notwithstanding any other provision of law, such amount shall be
available for the position of Project Manager for the Capitol Visitor
Center, at a rate of compensation which does not exceed the rate of
basic pay payable for level ES-2 of the Senior Executive Service, as
established under subchapter VIII of chapter 53 of title 5, United
States Code (taking into account any comparability payments made under
section 5304(h) of such title): Provided further, That effective on the
date of the enactment of this Act, any amount made available under this
heading under the Legislative Branch Appropriations Act, 2000, shall be
available for such position at such rate of compensation.
capitol grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $5,362,000, of which $125,000 shall remain
available until expended.
senate office buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to
[[Page 114 STAT. 2763A-109]]
be expended under the control and supervision of the Architect of the
Capitol, $63,974,000, of which $21,669,000 shall remain available until
expended.
house office buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $32,750,000, of which $123,000 shall
remain available until expended.
capitol power plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Printing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $39,415,000, of which $523,000 shall remain available
until expended: Provided, That not more than $4,400,000 of the funds
credited or to be reimbursed to this appropriation as herein provided
shall be available for obligation during fiscal year 2001.
LIBRARY OF CONGRESS
Congressional Research Service
salaries and expenses
For necessary expenses to carry out the provisions of section 203 of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise
and extend the Annotated Constitution of the United States of America,
$73,592,000: Provided, That no part of such amount may be used to pay
any salary or expense in connection with any publication, or preparation
of material therefor (except the Digest of Public General Bills), to be
issued by the Library of Congress unless such publication has obtained
prior approval of either the Committee on House Administration of the
House of Representatives or the Committee on Rules and Administration of
the Senate.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing and
binding for the Architect of the Capitol; expenses necessary
[[Page 114 STAT. 2763A-110]]
for preparing the semimonthly and session index to the Congressional
Record, as authorized by law (44 U.S.C. 902); printing and binding of
Government publications authorized by law to be distributed to Members
of Congress; and printing, binding, and distribution of Government
publications authorized by law to be distributed without charge to the
recipient, $71,462,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners or
Delegates authorized under 44 U.S.C. 906: Provided further, That this
appropriation shall be available for the payment of obligations incurred
under the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year limitation
under section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That any unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may be
transferred to the Government Printing Office revolving fund for
carrying out the purposes of this heading, subject to the approval of
the Committees on Appropriations of the House of Representatives and
Senate.
Administrative Provision
Sec. 111. (a) Congressional Printing and Binding For the House
Through Clerk of House.--
(1) In general.--Notwithstanding any provision of title 44,
United States Code, or any other law, there are authorized to be
appropriated to the Clerk of the House of Representatives such
sums as may be necessary for congressional printing and binding
services for the House of Representatives.
(2) Preparation of estimates.--Estimated expenditures and
proposed appropriations for congressional printing and binding
services shall be prepared and submitted by the Clerk of the
House of Representatives in accordance with title 31, United
States Code, in the same manner as estimates and requests are
prepared for other legislative branch services under such title,
except that such requests shall be based upon the results of the
study conducted under subsection (b) (with respect to any fiscal
year covered by such study).
(3) Effective date.--This subsection shall apply with
respect to fiscal year 2003 and each succeeding fiscal year.
(b) Study.--
(1) In general.--During fiscal year 2001, the Clerk of the
House of Representatives shall conduct a comprehensive study of
the needs of the House for congressional printing and binding
services during fiscal year 2003 and succeeding fiscal years
(including transitional issues during fiscal year 2002), and
shall include in the study an analysis of the most cost-
effective program or programs for providing printed or other
media-based publications for House uses.
[[Page 114 STAT. 2763A-111]]
(2) Submission to committees.--The Clerk shall submit the
study conducted under paragraph (1) to the Committee on House
Administration of the House of Representatives, who shall review
the study and prepare such regulations or other materials
(including proposals for legislation) as it considers
appropriate to enable the Clerk to carry out congressional
printing and binding services for the House in accordance with
this section.
(c) Definition.--In this section, the term ``congressional printing
and binding services'' means the following services:
(1) Authorized printing and binding for the Congress and the
distribution of congressional information in any format.
(2) Preparing the semimonthly and session index to the
Congressional Record.
(3) Printing and binding of Government publications
authorized by law to be distributed to Members of Congress.
(4) Printing, binding, and distribution of Government
publications authorized by law to be distributed without charge
to the recipient.
This title may be cited as the ``Congressional Operations
Appropriations Act, 2001''.
TITLE II--OTHER AGENCIES
BOTANIC GARDEN
Salaries and Expenses
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $3,328,000, of which $25,000 shall
remain available until expended.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Union
Catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $282,838,000, of which not
more than $6,500,000 shall be derived from collections credited to this
appropriation during fiscal year 2001, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2001 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds
[[Page 114 STAT. 2763A-112]]
derived from collections under the Act of June 28, 1902, in excess of
the amount authorized for obligation or expenditure in appropriations
Acts: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than the
$6,850,000: Provided further, That of the total amount appropriated,
$10,459,575 is to remain available until expended for acquisition of
books, periodicals, newspapers, and all other materials including
subscriptions for bibliographic services for the Library, including
$40,000 to be available solely for the purchase, when specifically
approved by the Librarian, of special and unique materials for additions
to the collections: Provided further, That of the total amount
appropriated, $2,506,000 is to remain available until expended for the
acquisition and partial support for implementation of an Integrated
Library System (ILS): Provided further, That of the total amount
appropriated, $10,000,000 is to remain available until expended for
salaries and expenses to carry out the Russian Leadership Program
enacted on May 21, 1999 (113 Stat. 93 et seq.): Provided further, That
of the total amount appropriated, $5,957,800 is to remain available
until expended for the purpose of teaching educators how to incorporate
the Library's digital collections into school curricula, which amount
shall be transferred to the educational consortium formed to conduct the
``Joining Hands Across America: Local Community Initiative'' project as
approved by the Library: Provided further, That of the total amount
appropriated, $404,000 is to remain available until expended for a
collaborative digitization and telecommunications project with the
United States Military Academy and any remaining balance is available
for other Library purposes: Provided further, That of the total amount
appropriated, $4,300,000 is to remain available until expended for the
purpose of developing a high speed data transmission between the Library
of Congress and educational facilities, libraries, or networks serving
western North Carolina, and any remaining balance is available for
support of the Library's Digital Futures initiative.
Copyright Office
salaries and expenses
For necessary expenses of the Copyright Office, $38,523,000, of
which not more than $23,500,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2001 under 17 U.S.C. 708(d): Provided, That the Copyright
Office may not obligate or expend any funds derived from collections
under 17 U.S.C. 708(d), in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further, That
not more than $5,783,000 shall be derived from collections during fiscal
year 2001 under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and 1005:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than $29,283,000:
Provided further, That not more than $100,000 of the amount appropriated
is available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more than $4,250
may be expended, on the certification of the Librarian of Congress,
[[Page 114 STAT. 2763A-113]]
in connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars.
Books for the Blind and Physically Handicapped
salaries and expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $48,609,000, of which
$14,154,000 shall remain available until expended.
Furniture and Furnishings
For necessary expenses for the purchase, installation, maintenance,
and repair of furniture, furnishings, office and library equipment,
$4,892,000.
Administrative Provisions
Sec. 201. Appropriations in this Act available to the Library of
Congress shall be available, in an amount of not more than $199,630, of
which $59,300 is for the Congressional Research Service, when
specifically authorized by the Librarian of Congress, for attendance at
meetings concerned with the function or activity for which the
appropriation is made.
Sec. 202. (a) No part of the funds appropriated in this Act shall be
used by the Library of Congress to administer any flexible or compressed
work schedule which--
(1) applies to any manager or supervisor in a position the
grade or level of which is equal to or higher than GS-15; and
(2) grants such manager or supervisor the right to not be at
work for all or a portion of a workday because of time worked by
the manager or supervisor on another workday.
(b) For purposes of this section, the term ``manager or supervisor''
means any management official or supervisor, as such terms are defined
in section 7103(a)(10) and (11) of title 5, United States Code.
Sec. 203. Appropriated funds received by the Library of Congress
from other Federal agencies to cover general and administrative overhead
costs generated by performing reimbursable work for other agencies under
the authority of sections 1535 and 1536 of title 31, United States Code,
shall not be used to employ more than 65 employees and may be expended
or obligated--
(1) in the case of a reimbursement, only to such extent or
in such amounts as are provided in appropriations Acts; or
(2) in the case of an advance payment, only--
(A) to pay for such general or administrative
overhead costs as are attributable to the work performed
for such agency; or
(B) to such extent or in such amounts as are
provided in appropriations Acts, with respect to any
purpose not allowable under subparagraph (A).
Sec. 204. Of the amounts appropriated to the Library of Congress in
this Act, not more than $5,000 may be expended, on the certification of
the Librarian of Congress, in connection with
[[Page 114 STAT. 2763A-114]]
official representation and reception expenses for the incentive awards
program.
Sec. 205. Of the amount appropriated to the Library of Congress in
this Act, not more than $12,000 may be expended, on the certification of
the Librarian of Congress, in connection with official representation
and reception expenses for the Overseas Field Offices.
Sec. 206. (a) For fiscal year 2001, the obligational authority of
the Library of Congress for the activities described in subsection (b)
may not exceed $92,845,000.
(b) The activities referred to in subsection (a) are reimbursable
and revolving fund activities that are funded from sources other than
appropriations to the Library in appropriations Acts for the legislative
branch.
Sec. 207. Section 1 of the Act entitled ``An Act to authorize
acquisition of certain real property for the Library of Congress, and
for other purposes'', approved December 15, 1997 (2 U.S.C. 141 note) is
amended by adding at the end the following new subsection:
``(c) Transfer Payment by Architect.--Notwithstanding the limitation
on reimbursement or transfer of funds under subsection (a) of this
section, the Architect of the Capitol may, not later than 90 days after
acquisition of the property under this section, transfer funds to the
entity from which the property was acquired by the Architect of the
Capitol. Such transfers may not exceed a total of $16,500,000.''.
Sec. 208. The Librarian of Congress may convert to permanent
positions 84 indefinite, time-limited positions in the National Digital
Library Program authorized in the Legislative Branch Appropriations Act,
1996 for the Library of Congress under the heading, ``Salaries and
Expenses'' (Public Law 104-53). Notwithstanding any other provision of
law regarding qualifications and methods of appointment of employees of
the Library of Congress, the Librarian may fill these permanent
positions through the non-competitive conversion of the incumbents in
the ``indefinite-not-to-exceed'' positions to ``permanent'' positions.
Sec. 209. (a) In addition to any other transfer authority provided
by law, during fiscal year 2001 and fiscal years thereafter, the
Librarian of Congress may transfer to and among available accounts of
the Library of Congress amounts appropriated to the Librarian from funds
for the purchase, installation, maintenance, and repair of furniture,
furnishings, and office and library equipment.
(b) Any amounts transferred pursuant to subsection (a) shall be
merged with and be available for the same purpose and for the same
period as the appropriation or account to which such amounts are
transferred.
(c) The Librarian may transfer amounts pursuant to subsection (a)
only with the approval of the Committees on Appropriations of the House
of Representatives and Senate.
Sec. 210. (a)(1) This subsection shall apply to any individual who--
(A) is employed by the Library of Congress Child Development
Center (known as the ``Little Scholars Child Development
Center'', in this section referred to as the ``Center'')
established under section 205(g)(1) of the Legislative Branch
Appropriations Act, 1991; and
[[Page 114 STAT. 2763A-115]]
(B) makes an election to be covered by this subsection with
the Librarian of Congress, not later than the later of--
(i) 60 days after the date of enactment of this Act;
or
(ii) 60 days after the date the individual begins
such employment.
(2)(A) Any individual described under paragraph (1) may be credited,
under section 8411 of title 5, United States Code, for service as an
employee of the Center before the date of enactment of this Act, if such
employee makes a payment of the deposit under section 8411(f )(2) of
such title without application of section 8411(b)(3) of such title.
(B) An individual described under paragraph (1) shall be credited
under section 8411 of title 5, United States Code, for any service as an
employee of the Center on or after the date of enactment of this Act, if
such employee has such amounts deducted and withheld from his pay as
determined by the Office of Personnel Management which would be deducted
and withheld from the basic pay of an employee under section 8422 of
title 5, United States Code.
(3) Notwithstanding any other provision of this subsection, any
service performed by an individual described under paragraph (1) as an
employee of the Center is deemed to be civilian service creditable under
section 8411 of title 5, United States Code, for purposes of qualifying
for survivor annuities and disability benefits under subchapters IV and
V of chapter 84 of such title, if such individual makes payment of an
amount, determined by the Office of Personnel Management, which would
have been deducted and withheld from the basic pay of such individual if
such individual had been an employee subject to section 8422 of title 5,
United States Code, for such period so credited, together with interest
thereon.
(4) An individual described under paragraph (1) shall be deemed an
employee for purposes of chapter 84 of title 5, United States Code,
including subchapter III of such title, and may make contributions under
section 8432 of such title effective for the first applicable pay period
beginning on or after the date such individual elects coverage under
this section.
(5) The Office of Personnel Management shall accept the
certification of the Librarian of Congress concerning creditable service
for purposes of this subsection.
(b) Any individual who is employed by the Center on or after the
date of enactment of this Act shall be deemed an employee under section
8901(1) of title 5, United States Code, for purposes of health insurance
coverage under chapter 89 of such title. An individual who is an
employee of the Center on the date of enactment of this Act may elect
coverage under this subsection before the 60th day after the date of
enactment of this Act, and during such periods as determined by the
Office of Personnel Management for employees of the Center employed
after such date.
(c) An individual who is employed by the Center shall be deemed an
employee under section 8701(a) of title 5, United States Code, for
purposes of life insurance coverage under chapter 87 of such title.
(d) Government contributions for individuals receiving benefits
under this section, as computed under sections 8423, 8432, 8708,
[[Page 114 STAT. 2763A-116]]
and 8906 shall be made by the Librarian of Congress from any
appropriations available to the Library of Congress.
(e) The Library of Congress, directly or by agreement with its
designated representative, shall--
(1) process payroll for Center employees, including making
deductions and withholdings from the pay of employees in the
amounts determined under sections 8422, 8432, 8707, and 8905 of
title 5, United States Code;
(2) maintain appropriate personnel and payroll records for
Center employees, and transmit appropriate information and
records to the Office of Personnel Management; and
(3) transmit funds for Government and employee contributions
under this section to the Office of Personnel Management.
(f ) The Center shall--
(1) pay to the Library of Congress funds sufficient to cover
the gross salary and the employer's share of taxes under section
3111 of the Internal Revenue Code of 1986 for Center employees,
in amounts computed by the Library of Congress;
(2) as required by the Library of Congress, reimburse the
Library of Congress for reasonable administrative costs incurred
under subsection (e)(1);
(3) comply with regulations and procedures prescribed by the
Librarian of Congress for administration of this section;
(4) maintain appropriate records on all Center employees, as
required by the Librarian of Congress; and
(5) consult with the Librarian of Congress on the
administration and implementation of this section.
(g) The Librarian of Congress may prescribe regulations to carry out
this section.
ARCHITECT OF THE CAPITOL
Library Buildings and Grounds
structural and mechanical care
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$15,970,000, of which $5,000,000 shall remain available until expended.
GOVERNMENT PRINTING OFFICE
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $27,954,000: Provided, That
travel expenses, including travel expenses of the Depository Library
Council to the Public Printer, shall not exceed $175,000: Provided
further, That amounts of not more than $2,000,000 from current year
appropriations are authorized for
[[Page 114 STAT. 2763A-117]]
producing and disseminating Congressional serial sets and other related
publications for 1999 and 2000 to depository and other designated
libraries: Provided further, That any unobligated or unexpended balances
in this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Printing Office revolving
fund for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and Senate.
Government Printing Office Revolving Fund
The Government Printing Office is hereby authorized to make such
expenditures, within the limits of funds 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 programs and
purposes set forth in the budget for the current fiscal year for the
Government Printing Office revolving fund: Provided, That not more than
$2,500 may be expended on the certification of the Public Printer in
connection with official representation and reception expenses: Provided
further, That the revolving fund shall be available for the hire or
purchase of not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the advisory
councils to the Public Printer shall be deemed necessary to carry out
the provisions of title 44, United States Code: Provided further, That
the revolving fund shall be available for temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level V of the Executive Schedule under section
5316 of such title: Provided further, That the revolving fund and the
funds provided under the headings ``Office of Superintendent of
Documents'' and ``salaries and expenses'' together may not be available
for the full-time equivalent employment of more than 3,285 workyears (or
such other number of workyears as the Public Printer may request,
subject to the approval of the Committees on Appropriations of the
Senate and the House of Representatives): Provided further, That
activities financed through the revolving fund may provide information
in any format: Provided further, That the revolving fund shall not be
used to administer any flexible or compressed work schedule which
applies to any manager or supervisor in a position the grade or level of
which is equal to or higher than GS-15: Provided further, That expenses
for attendance at meetings shall not exceed $75,000.
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For necessary expenses of the General Accounting Office, including
not more than $10,000 to be expended on the certification of the
Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section
[[Page 114 STAT. 2763A-118]]
3324 of title 31, United States Code; benefits comparable to those
payable under sections 901(5), 901(6), and 901(8) of the Foreign Service
Act of 1980 (22 U.S.C. 4081(5), 4081(6), and 4081(8)); and under
regulations prescribed by the Comptroller General of the United States,
rental of living quarters in foreign countries, $384,867,000: Provided,
That not more than $1,900,000 of payments received under 31 U.S.C. 782
shall be available for use in fiscal year 2001: Provided further, That
not more than $1,100,000 of reimbursements received under 31 U.S.C. 9105
shall be available for use in fiscal year 2001: Provided further, That
this appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either
Forum's costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants. Payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which
costs involved are initially financed: Provided further, That this
appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the American Consortium
on International Public Administration (ACIPA) shall be available to
finance an appropriate share of ACIPA costs as determined by the ACIPA,
including any expenses attributable to membership of ACIPA in the
International Institute of Administrative Sciences.
TITLE III--GENERAL PROVISIONS
Sec. 301. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
Sec. 302. No part of the funds appropriated in this Act shall remain
available for obligation beyond fiscal year 2001 unless expressly so
provided in this Act.
Sec. 303. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 is
appropriated for or the rate of compensation or designation of any
office or position appropriated for is different from that specifically
established by such Act, the rate of compensation and the designation in
this Act shall be the permanent law with respect thereto: Provided, That
the provisions in this Act for the various items of official expenses of
Members, officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of the House of
Representatives shall be the permanent law with respect thereto.
Sec. 304. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, 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.
[[Page 114 STAT. 2763A-119]]
Sec. 305. (a) 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) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) 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, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 306. Such sums as may be necessary are appropriated to the
account described in subsection (a) of section 415 of Public Law 104-1
to pay awards and settlements as authorized under such subsection.
Sec. 307. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $252,000.
Sec. 308. No part of any appropriation contained in this Act under
the heading ``Architect of the Capitol'' or ``Botanic Garden'' shall be
obligated or expended for a construction contract in excess of $100,000,
unless such contract includes a provision that requires liquidated
damages for contractor caused delay in an amount commensurate with the
daily net usable square foot cost of leasing similar space in a first
class office building within two miles of the United States Capitol
multiplied by the square footage to be constructed under the contract.
Sec. 309. Section 316 of Public Law 101-302 is amended in the first
sentence of subsection (a) by striking ``2000'' and inserting ``2001''.
Sec. 310. Russian Leadership Program. Section 3011 of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31; 113 Stat.
93) is amended--
(1) by striking ``fiscal years 1999 and 2000'' in
subsections (a)(1), (b)(4)(B), (d)(3), and (h)(1)(A) and
inserting ``fiscal years 2000 and 2001''; and
(2) by striking ``2001'' in subsection (a)(2), (e)(1), and
(h)(1)(B) and inserting ``2002''.
Sec. 311. (a)(1) Any State may request the Joint Committee on the
Library of Congress to approve the replacement of a statue the State has
provided for display in Statuary Hall in the Capitol of the United
States under section 1814 of the Revised Statutes (40 U.S.C. 187).
(2) A request shall be considered under paragraph (1) only if--
[[Page 114 STAT. 2763A-120]]
(A) the request has been approved by a resolution adopted by
the legislature of the State and the request has been approved
by the Governor of the State, and
(B) the statue to be replaced has been displayed in the
Capitol of the United States for at least 10 years as of the
time the request is made, except that the Joint Committee may
waive this requirement for cause at the request of a State.
(b) If the Joint Committee on the Library of Congress approves a
request under subsection (a), the Architect of the Capitol shall enter
into an agreement with the State to carry out the replacement in
accordance with the request and any conditions the Joint Committee may
require for its approval. Such agreement shall provide that--
(1) the new statue shall be subject to the same conditions
and restrictions as apply to any statue provided by a State
under section 1814 of the Revised Statutes (40 U.S.C. 187), and
(2) the State shall pay any costs related to the
replacement, including costs in connection with the design,
construction, transportation, and placement of the new statue,
the removal and transportation of the statue being replaced, and
any unveiling ceremony.
(c) Nothing in this section shall be interpreted to permit a State
to have more than two statues on display in the Capitol of the United
States.
(d)(1) Subject to the approval of the Joint Committee on the
Library, ownership of any statue replaced under this section shall be
transferred to the State.
(2) If any statue is removed from the Capitol of the United States
as part of a transfer of ownership under paragraph (1), then it may not
be returned to the Capitol for display unless such display is
specifically authorized by Federal law.
(e) The Architect of the Capitol, upon the approval of the Joint
Committee on the Library and with the advice of the Commission of Fine
Arts as requested, is authorized and directed to relocate within the
United States Capitol any of the statues received from the States under
section 1814 of the Revised Statutes (40 U.S.C. 187) prior to the date
of the enactment of this Act, and to provide for the reception,
location, and relocation of the statues received hereafter from the
States under such section.
Sec. 312. (a) Section 201 of the Legislative Branch Appropriations
Act, 1993 (40 U.S.C. 216c note) is amended by striking ``$10,000,000''
each place it appears and inserting ``$14,500,000''.
(b) Section 201 of such Act is amended--
(1) by inserting ``(a)'' before ``Pursuant'', and
(2) by adding at the end the following:
``(b) The Architect of the Capitol is authorized to solicit,
receive, accept, and hold amounts under section 307E(a)(2) of the
Legislative Branch Appropriations Act, 1989 (40 U.S.C. 216c(a)(2)) in
excess of the $14,500,000 authorized under subsection (a), but such
amounts (and any interest thereon) shall not be expended by the
Architect without approval in appropriation Acts as required under
section 307E(b)(3) of such Act (40 U.S.C. 216c(b)(3)).''.
Sec. 313. Center for Russian Leadership Development. (a)
Establishment.--
[[Page 114 STAT. 2763A-121]]
(1) In general.--There is established in the legislative
branch of the Government a center to be known as the ``Center
for Russian Leadership Development'' (the ``Center'').
(2) Board of trustees.--The Center shall be subject to the
supervision and direction of a Board of Trustees which shall be
composed of nine members as follows:
(A) Two members appointed by the Speaker of the
House of Representatives, one of whom shall be
designated by the Majority Leader of the House of
Representatives and one of whom shall be designated by
the Minority Leader of the House of Representatives.
(B) Two members appointed by the President pro
tempore of the Senate, one of whom shall be designated
by the Majority Leader of the Senate and one of whom
shall be designated by the Minority Leader of the
Senate.
(C) The Librarian of Congress.
(D) Four private individuals with interests in
improving United States and Russian relations,
designated by the Librarian of Congress.
Each member appointed under this paragraph shall serve for a
term of 3 years. Any vacancy shall be filled in the same manner
as the original appointment and the individual so appointed
shall serve for the remainder of the term. Members of the Board
shall serve without pay, but shall be entitled to reimbursement
for travel, subsistence, and other necessary expenses incurred
in the performance of their duties.
(b) Purpose and Authority of the Center.--
(1) Purpose.--The purpose of the Center is to establish, in
accordance with the provisions of paragraph (2), a program to
enable emerging political leaders of Russia at all levels of
government to gain significant, firsthand exposure to the
American free market economic system and the operation of
American democratic institutions through visits to governments
and communities at comparable levels in the United States.
(2) Grant program.--Subject to the provisions of paragraphs
(3) and (4), the Center shall establish a program under which
the Center annually awards grants to government or community
organizations in the United States that seek to establish
programs under which those organizations will host Russian
nationals who are emerging political leaders at any level of
government.
(3) Restrictions.--
(A) Duration.--The period of stay in the United
States for any individual supported with grant funds
under the program shall not exceed 30 days.
(B) Limitation.--The number of individuals supported
with grant funds under the program shall not exceed
3,000 in any fiscal year.
(C) Use of funds.--Grant funds under the program
shall be used to pay--
(i) the costs and expenses incurred by each
program participant in traveling between Russia
and the United States and in traveling within the
United States;
(ii) the costs of providing lodging in the
United States to each program participant, whether
in public accommodations or in private homes; and
[[Page 114 STAT. 2763A-122]]
(iii) such additional administrative expenses
incurred by organizations in carrying out the
program as the Center may prescribe.
(4) Application.--
(A) In general.--Each organization in the United
States desiring a grant under this section shall submit
an application to the Center at such time, in such
manner, and accompanied by such information as the
Center may reasonably require.
(B) Contents.--Each application submitted pursuant
to subparagraph (A) shall--
(i) describe the activities for which
assistance under this section is sought;
(ii) include the number of program
participants to be supported;
(iii) describe the qualifications of the
individuals who will be participating in the
program; and
(iv) provide such additional assurances as the
Center determines to be essential to ensure
compliance with the requirements of this section.
(c) Establishment of Fund.--
(1) In general.--There is established in the Treasury of the
United States a trust fund to be known as the ``Russian
Leadership Development Center Trust Fund'' (the ``Fund'') which
shall consist of amounts which may be appropriated, credited, or
transferred to it under this section.
(2) Donations.--Any money or other property donated,
bequeathed, or devised to the Center under the authority of this
section shall be credited to the Fund.
(3) Fund management.--
(A) In general.--The provisions of subsections (b),
(c), and (d) of section 116 of the Legislative Branch
Appropriations Act, 1989 (2 U.S.C. 1105 (b), (c), and
(d)), and the provisions of section 117(b) of such Act
(2 U.S.C. 1106(b)), shall apply to the Fund.
(B) Expenditures.--The Secretary of the Treasury is
authorized to pay to the Center from amounts in the Fund
such sums as the Board of Trustees of the Center
determines are necessary and appropriate to enable the
Center to carry out the provisions of this section.
(d) Executive Director.--The Board shall appoint an Executive
Director who shall be the chief executive officer of the Center and who
shall carry out the functions of the Center subject to the supervision
and direction of the Board of Trustees. The Executive Director of the
Center shall be compensated at the annual rate specified by the Board,
but in no event shall such rate exceed level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(e) Administrative Provisions.--
(1) In general.--The provisions of section 119 of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 1108)
shall apply to the Center.
(2) Support provided by library of congress.--The Library of
Congress may disburse funds appropriated to the Center, compute
and disburse the basic pay for all personnel of the Center,
provide administrative, legal, financial management, and other
appropriate services to the Center, and collect
[[Page 114 STAT. 2763A-123]]
from the Fund the full costs of providing services under this
paragraph, as provided under an agreement for services ordered
under sections 1535 and 1536 of title 31, United States Code.
(f ) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(g) Transfer of Funds.--Any amounts appropriated for use in the
program established under section 3011 of the 1999 Emergency
Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 93) shall
be transferred to the Fund and shall remain available without fiscal
year limitation.
(h) Effective Dates.--
(1) In general.--This section shall take effect on the date
of enactment of this Act.
(2) Transfer.--Subsection (g) shall only apply to amounts
which remain unexpended on and after the date the Board of
Trustees of the Center certifies to the Librarian of Congress
that grants are ready to be made under the program established
under this section.
Sec. 314. Review of Proposed Changes to Export Thresholds for
Computers. Not more than 50 days after the date of the submission of the
report referred to in subsection (d) of section 1211 of the National
Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
note), the Comptroller General of the United States shall submit an
assessment to Congress which contains an analysis of the new computer
performance levels being proposed by the President under such section.
TITLE IV--EMERGENCY FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated out of any money in the Treasury
not otherwise appropriated, to provide additional emergency supplemental
appropriations for the Legislative Branch for the fiscal year ending
September 30, 2000, and for other purposes, namely:
Capitol Police Board
security enhancements
For an additional amount for the Capitol Police Board for costs
associated with security enhancements, under the terms and conditions of
chapter 5 of title II of division B of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277),
$2,102,000, to remain available until expended, of which--
(1) $228,000 shall be for the acquisition and installation
of card readers for four additional access points which are not
currently funded under the implementation of the security
enhancement plan; and
(2) $1,874,000 shall be for security enhancements to the
buildings and grounds of the Library of Congress:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent an
official budget request for a specific
[[Page 114 STAT. 2763A-124]]
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
house office buildings
For an additional amount for necessary expenses for urgent repairs
to the underground garage in the Cannon House Office Building,
$9,000,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent an official budget
request for a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Federal Housing Administration
fha--general and special risk program account
For an additional amount for FHA--General and special risk program
account for the cost of guaranteed loans, as authorized by sections 238
and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan modifications (as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended),
$40,000,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent an official budget
request, that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act: Provided further, That the funding under this heading shall
only be made available upon the submission of a certification by the
Secretary of Housing and Urban Development to the Committees on
Appropriations that all funds committed, expended, or obligated under
this heading in the Departments of Veterans Affairs and Housing and
Urban Development, Independent Agencies Appropriations Act, 2000 were
committed, expended or obligated in compliance with the Antideficiency
Act (31 U.S.C. 1341).
Sec. 401. Appropriations made by this title are available
immediately upon enactment of this Act.
This Act may be cited as the ``Legislative Branch Appropriations
Act, 2001''.
[[Page 114 STAT. 2763A-125]]
APPENDIX C--H.R. 5658
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Treasury Department, the
United States Postal Service, the Executive Office of the President, and
certain Independent Agencies for the fiscal year ending September 30,
2001, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business;
not to exceed $2,900,000 for official travel expenses; not to exceed
$3,813,000, to remain available until expended for information
technology modernization requirements; not to exceed $150,000 for
official reception and representation expenses; not to exceed $258,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate, $156,315,000: Provided, That
the Office of Foreign Assets Control shall be funded at no less than
$11,439,000: Provided further, That of these amounts $2,900,000 is
available for grants to State and local law enforcement groups to help
fight money laundering.
Department-Wide Systems and Capital Investments Programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$47,287,000, to remain available until expended: Provided, That these
funds shall be transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated shall be used to
support or supplement the Internal Revenue Service appropriations for
Information Systems.
[[Page 114 STAT. 2763A-126]]
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the Treasury,
$32,899,000.
Treasury Inspector General for Tax Administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $118,427,000.
Treasury Building and Annex Repair and Restoration
For the repair, alteration, and improvement of the Treasury Building
and Annex, $31,000,000, to remain available until expended.
Expanded Access to Financial Services
(including transfer of funds)
To develop and implement programs to expand access to financial
services for low- and moderate-income individuals, $2,000,000, to remain
available until expended: Provided, That of these funds, such sums as
may be necessary may be transferred to accounts of the Department's
offices, bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer authority
provided in this Act.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $37,576,000, of which not to
exceed $2,800,000 shall remain available until September 30, 2003; and
of which $2,275,000 shall remain available
[[Page 114 STAT. 2763A-127]]
until September 30, 2002: Provided, That funds appropriated in this
account may be used to procure personal services contracts.
Counterterrorism Fund
For necessary expenses, as determined by the Secretary, $55,000,000,
to remain available until expended, to reimburse any Department of the
Treasury organization for the costs of providing support to counter,
investigate, or prosecute terrorism, including payment of rewards in
connection with these activities: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as defined in
such Act is transmitted by the President to the Congress.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, as a bureau of the Department of the Treasury, including
materials and support costs of Federal law enforcement basic training;
purchase (not to exceed 52 for police-type use, without regard to the
general purchase price limitation) and hire of passenger motor vehicles;
for expenses for student athletic and related activities; uniforms
without regard to the general purchase price limitation for the current
fiscal year; the conducting of and participating in firearms matches and
presentation of awards; for public awareness and enhancing community
support of law enforcement training; not to exceed $11,500 for official
reception and representation expenses; room and board for student
interns; and services as authorized by 5 U.S.C. 3109, $94,483,000, of
which up to $17,043,000 for materials and support costs of Federal law
enforcement basic training shall remain available until September 30,
2003: Provided, That the Center is authorized to accept and use gifts of
property, both real and personal, and to accept services, for authorized
purposes, including funding of a gift of intrinsic value which shall be
awarded annually by the Director of the Center to the outstanding
student who graduated from a basic training program at the Center during
the previous fiscal year, which shall be funded only by gifts received
through the Center's gift authority: Provided further, That
notwithstanding any other provision of law, students attending training
at any Federal Law Enforcement Training Center site shall reside in on-
Center or Center-provided housing, insofar as available and in
accordance with Center policy: Provided further, That funds appropriated
in this account shall be available, at the discretion of the Director,
for the following: training United States Postal Service law enforcement
personnel and Postal police officers; State and local government law
enforcement training on a space-available basis; training of foreign law
enforcement officials on a space-available basis with reimbursement of
actual costs to this appropriation, except that reimbursement may be
waived by the Secretary for law enforcement
[[Page 114 STAT. 2763A-128]]
training activities in foreign countries undertaken pursuant to section
801 of the Antiterrorism and Effective Death Penalty Act of 1996, Public
Law 104-32; training of private sector security officials on a space-
available basis with reimbursement of actual costs to this
appropriation; and travel expenses of non-Federal personnel to attend
course development meetings and training sponsored by the Center:
Provided further, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Federal Law Enforcement Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That the Federal Law Enforcement Training Center is authorized
to provide training for the Gang Resistance Education and Training
program to Federal and non-Federal personnel at any facility in
partnership with the Bureau of Alcohol, Tobacco and Firearms: Provided
further, That the Federal Law Enforcement Training Center is authorized
to provide short-term medical services for students undergoing training
at the Center.
acquisition, construction, improvements, and related expenses
For expansion of the Federal Law Enforcement Training Center, for
acquisition of necessary additional real property and facilities, and
for ongoing maintenance, facility improvements, and related expenses,
$29,205,000, to remain available until expended.
Interagency Law Enforcement
interagency crime and drug enforcement
For expenses necessary to conduct investigations and convict
offenders involved in organized crime drug trafficking, including
cooperative efforts with State and local law enforcement, as it relates
to the Treasury Department law enforcement violations such as money
laundering, violent crime, and smuggling, $103,476,000, of which
$7,827,000 shall remain available until expended.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$206,851,000, of which not to exceed $10,635,000 shall remain available
until September 30, 2003, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco and
Firearms, including purchase of not to exceed 812 vehicles for police-
type use, of which 650 shall be for replacement only, and hire of
passenger motor vehicles; hire of aircraft; services of expert witnesses
at such rates as may be determined by the Director;
[[Page 114 STAT. 2763A-129]]
for payment of per diem and/or subsistence allowances to employees where
a major investigative assignment requires an employee to work 16 hours
or more per day or to remain overnight at his or her post of duty; not
to exceed $20,000 for official reception and representation expenses;
for training of State and local law enforcement agencies with or without
reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection;
not to exceed $50,000 for cooperative research and development programs
for Laboratory Services and Fire Research Center activities; and
provision of laboratory assistance to State and local agencies, with or
without reimbursement, $768,695,000, of which not to exceed $1,000,000
shall be available for the payment of attorneys' fees as provided by 18
U.S.C. 924(d)(2); of which up to $2,000,000 shall be available for the
equipping of any vessel, vehicle, equipment, or aircraft available for
official use by a State or local law enforcement agency if the
conveyance will be used in joint law enforcement operations with the
Bureau of Alcohol, Tobacco and Firearms and for the payment of overtime
salaries including Social Security and Medicare, travel, fuel, training,
equipment, supplies, and other similar costs of State and local law
enforcement personnel, including sworn officers and support personnel,
that are incurred in joint operations with the Bureau of Alcohol,
Tobacco and Firearms: Provided, That no funds made available by this or
any other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco and Firearms to other
agencies or Departments in fiscal year 2001: Provided further, That no
funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of the Treasury, the records, or any
portion thereof, of acquisition and disposition of firearms maintained
by Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to change the
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
further, That none of the funds appropriated herein shall be available
to investigate or act upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That such funds
shall be available to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities under 18
U.S.C. 925(c): Provided further, That no funds under this Act may be
used to electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code.
United States Customs Service
salaries and expenses
For necessary expenses of the United States Customs Service,
including purchase and lease of up to 1,050 motor vehicles of which 550
are for replacement only and of which 1,030 are for police-type use and
commercial operations; hire of motor vehicles; contracting with
individuals for personal services abroad; not to exceed $40,000 for
official reception and representation expenses; and awards of
compensation to informers, as authorized by any
[[Page 114 STAT. 2763A-130]]
Act enforced by the United States Customs Service, $1,863,765,000, of
which such sums as become available in the Customs User Fee Account,
except sums subject to section 13031(f )(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f )(3)),
shall be derived from that Account; of the total, not to exceed $150,000
shall be available for payment for rental space in connection with
preclearance operations; not to exceed $4,000,000 shall be available
until expended for research; of which not less than $100,000 shall be
available to promote public awareness of the child pornography tipline;
of which not less than $200,000 shall be available for Project Alert;
not to exceed $5,000,000 shall be available until expended for
conducting special operations pursuant to 19 U.S.C. 2081; not to exceed
$8,000,000 shall be available until expended for the procurement of
automation infrastructure items, including hardware, software, and
installation; and not to exceed $5,000,000 shall be available until
expended for repairs to Customs facilities: Provided, That uniforms may
be purchased without regard to the general purchase price limitation for
the current fiscal year: Provided further, That notwithstanding any
other provision of law, the fiscal year aggregate overtime limitation
prescribed in subsection 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 261 and 267) shall be $30,000.
harbor maintenance fee collection
(including transfer of funds)
For administrative expenses related to the collection of the Harbor
Maintenance Fee, pursuant to Public Law 103-182, $3,000,000, to be
derived from the Harbor Maintenance Trust Fund and to be transferred to
and merged with the Customs ``Salaries and Expenses'' account for such
purposes.
operation, maintenance and procurement, air and marine interdiction
programs
For expenses, not otherwise provided for, necessary for the
operation and maintenance of marine vessels, aircraft, and other related
equipment of the Air and Marine Programs, including operational training
and mission-related travel, and rental payments for facilities occupied
by the air or marine interdiction and demand reduction programs, the
operations of which include the following: the interdiction of narcotics
and other goods; the provision of support to Customs and other Federal,
State, and local agencies in the enforcement or administration of laws
enforced by the Customs Service; and, at the discretion of the
Commissioner of Customs, the provision of assistance to Federal, State,
and local agencies in other law enforcement and emergency humanitarian
efforts, $133,228,000, which shall remain available until expended:
Provided, That no aircraft or other related equipment, with the
exception of aircraft which is one of a kind and has been identified as
excess to Customs requirements and aircraft which has been damaged
beyond repair, shall be transferred to any other Federal agency,
department, or office outside of the Department of the Treasury, during
fiscal year 2001 without the prior approval of the Committees on
Appropriations.
[[Page 114 STAT. 2763A-131]]
automation modernization
For expenses not otherwise provided for Customs automated systems,
$258,400,000, to remain available until expended, of which $5,400,000
shall be for the International Trade Data System, and not less than
$130,000,000 shall be for the development of the Automated Commercial
Environment: Provided, That none of the funds appropriated under this
heading may be obligated for the Automated Commercial Environment until
the United States Customs Service prepares and submits to the Committees
on Appropriations a final plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including OMB Circular A-11,
part 3; (2) complies with the United States Customs Service's Enterprise
Information Systems Architecture; (3) complies with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal Government; (4) is reviewed and approved by the
Customs Investment Review Board, the Department of the Treasury, and the
Office of Management and Budget; and (5) is reviewed by the General
Accounting Office: Provided further, That none of the funds appropriated
under this heading may be obligated for the Automated Commercial
Environment until that final expenditure plan has been approved by the
Committees on Appropriations.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $187,301,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended for
systems modernization: Provided, That the sum appropriated herein from
the General Fund for fiscal year 2001 shall be reduced by not more than
$4,400,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2001 appropriation from the General Fund estimated at
$182,901,000. In addition, $23,600, to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380; and in addition, to be
appropriated from the General Fund, such sums as may be necessary for
administrative expenses in association with the South Dakota Trust Fund
and the Cheyenne River Sioux Tribe Terrestrial Wildlife Restoration and
Lower Brule Sioux Tribe Terrestrial Restoration Trust Fund, as
authorized by sections 603(f ) and 604(f ) of Public Law 106-53.
Internal Revenue Service
processing, assistance, and management
For necessary expenses of the Internal Revenue Service for tax
returns processing; revenue accounting; tax law and account assistance
to taxpayers by telephone and correspondence; providing an independent
taxpayer advocate within the Service; programs
[[Page 114 STAT. 2763A-132]]
to match information returns and tax returns; management services; rent
and utilities; and services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner, $3,567,001,000, of which
up to $3,950,000 shall be for the Tax Counseling for the Elderly
Program, and of which not to exceed $25,000 shall be for official
reception and representation expenses.
tax law enforcement
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; issuing technical rulings; providing service to tax exempt
customers, including employee plans, tax exempt organizations, and
government entities; examining employee plans and exempt organizations;
conducting criminal investigation and enforcement activities; securing
unfiled tax returns; collecting unpaid accounts; compiling statistics of
income and conducting compliance research; purchase (for police-type
use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $3,382,402,000, of which not to
exceed $1,000,000 shall remain available until September 30, 2003, for
research.
earned income tax credit compliance initiative
For funding essential earned income tax credit compliance and error
reduction initiatives pursuant to section 5702 of the Balanced Budget
Act of 1997 (Public Law 105-33), $145,000,000, of which not to exceed
$10,000,000 may be used to reimburse the Social Security Administration
for the costs of implementing section 1090 of the Taxpayer Relief Act of
1997.
information systems
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,545,090,000 which shall remain available until
September 30, 2002.
administrative provisions--internal revenue service
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to any other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with the taxpayers, and in
cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective
[[Page 114 STAT. 2763A-133]]
1-800 help line service for taxpayers. The Commissioner shall continue
to make the improvement of the Internal Revenue Service 1-800 help line
service a priority and allocate resources necessary to increase phone
lines and staff to improve the Internal Revenue Service 1-800 help line
service.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 844 vehicles for police-type use, of
which 541 shall be for replacement only, and hire of passenger motor
vehicles; purchase of American-made side-car compatible motorcycles;
hire of aircraft; training and assistance requested by State and local
governments, which may be provided without reimbursement; services of
expert witnesses at such rates as may be determined by the Director;
rental of buildings in the District of Columbia, and fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; for payment of per diem and/or subsistence
allowances to employees where a protective assignment during the actual
day or days of the visit of a protectee require an employee to work 16
hours per day or to remain overnight at his or her post of duty; the
conducting of and participating in firearms matches; presentation of
awards; for travel of Secret Service employees on protective missions
without regard to the limitations on such expenditures in this or any
other Act if approval is obtained in advance from the Committees on
Appropriations; for research and development; for making grants to
conduct behavioral research in support of protective research and
operations; not to exceed $25,000 for official reception and
representation expenses; not to exceed $100,000 to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; for payment in advance for commercial
accommodations as may be necessary to perform protective functions; and
for uniforms without regard to the general purchase price limitation for
the current fiscal year, $823,800,000, of which $3,633,000 shall be
available as a grant for activities related to the investigations of
exploited children and shall remain available until expended: Provided,
That up to $18,000,000 provided for protective travel shall remain
available until September 30, 2002.
acquisition, construction, improvements, and related expenses
For necessary expenses of construction, repair, alteration, and
improvement of facilities, $8,941,000, to remain available until
expended.
General Provisions--Department of the Treasury
Sec. 110. Any obligation or expenditure by the Secretary of the
Treasury in connection with law enforcement activities of a Federal
agency or a Department of the Treasury law enforcement organization in
accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances
remaining in the Fund on September 30, 2001, shall be made in compliance
with reprogramming guidelines.
[[Page 114 STAT. 2763A-134]]
Sec. 111. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 112. The funds provided to the Bureau of Alcohol, Tobacco and
Firearms for fiscal year 2001 in this Act for the enforcement of the
Federal Alcohol Administration Act shall be expended in a manner so as
not to diminish enforcement efforts with respect to section 105 of the
Federal Alcohol Administration Act.
Sec. 113. Not to exceed 2 percent of any appropriations in this Act
made available to the Federal Law Enforcement Training Center, Financial
Crimes Enforcement Network, Bureau of Alcohol, Tobacco and Firearms,
United States Customs Service, and United States Secret Service may be
transferred between such appropriations upon the advance approval of the
Committees on Appropriations. No transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 114. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices, Office of Inspector General,
Treasury Inspector General for Tax Administration, Financial Management
Service, and Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations. No
transfer may increase or decrease any such appropriation by more than 2
percent.
Sec. 116. Of the funds available for the purchase of law enforcement
vehicles, no funds may be obligated until the Secretary of the Treasury
certifies that the purchase by the respective Treasury bureau is
consistent with Departmental vehicle management principles: Provided,
That the Secretary may delegate this authority to the Assistant
Secretary for Management.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. Hereafter, funds made available by this or any other Act
may be used to pay premium pay for protective services authorized by
section 3056(a) of title 18, United States Code, without regard to the
limitation on the rate of pay payable during a pay period contained in
section 5547(c)(2) of title 5, United States Code, except that such
premium pay shall not be payable to an employee
[[Page 114 STAT. 2763A-135]]
to the extent that the aggregate of the employee's basic and premium pay
for the year would otherwise exceed the annual equivalent of that
limitation. The term premium pay refers to the provisions of law cited
in the first sentence of section 5547(a) of title 5, United States Code.
Payment of additional premium pay payable under this section may be made
in a lump sum on the last payday of the calendar year.
Sec. 119. The Secretary of the Treasury may transfer funds from
``Salaries and Expenses'', Financial Management Service, to the Debt
Services Account as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such Salaries and
Expenses account from debt collections received in the Debt Services
Account.
Sec. 120. Under the heading of Treasury Franchise Fund in Public Law
104-208, delete the following: the phrases ``pilot, as authorized by
section 403 of Public Law 103-356,''; and ``as provided in such
section''; and the final proviso. After the phrase ``to be available'',
insert ``without fiscal year limitation,''. After the phrase,
``established in the Treasury a franchise fund'', insert, ``until
October 1, 2002''.
Sec. 121. Notwithstanding any other provision of law, no
reorganization of the field operations of the United States Customs
Service Office of Field Operations shall result in a reduction in
service to the area served by the Port of Racine, Wisconsin, below the
level of service provided in fiscal year 2000.
Sec. 122. Notwithstanding any other provision of law, the Bureau of
Alcohol, Tobacco and Firearms shall reimburse the subcontractor that
provided services in 1993 and 1994 pursuant to Bureau of Alcohol,
Tobacco and Firearms contract number TATF 93-3 from amounts appropriated
for fiscal year 2001 or unobligated balances from prior fiscal years,
and such reimbursement shall cover the cost of all professional services
rendered, plus interest calculated in accordance with the Contract
Dispute Act of 1978 (41 U.S.C. 601 et seq.).
This title may be cited as the ``Treasury Department Appropriations
Act, 2001''.
TITLE II--POSTAL SERVICE
Payment to the Postal Service Fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $96,093,000, of which $67,093,000
shall not be available for obligation until October 1, 2001: Provided,
That mail for overseas voting and mail for the blind shall continue to
be free: Provided further, That 6-day delivery and rural delivery of
mail shall continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of charging
any officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That none
of the funds provided in this Act shall be used to consolidate
[[Page 114 STAT. 2763A-136]]
or close small rural and other small post offices in fiscal year 2001.
This title may be cited as the ``Postal Service Appropriations Act,
2001''.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President and the White House Office
compensation of the president
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $390,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to section 1552 of title 31, United
States Code: Provided further, That none of the funds made available for
official expenses shall be considered as taxable to the President.
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President, $53,288,000:
Provided, That $9,072,000 of the funds appropriated shall be available
for reimbursements to the White House Communications Agency.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $10,900,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal
[[Page 114 STAT. 2763A-137]]
to the estimated cost of the event, and all such advance payments shall
be credited to this account and remain available until expended:
Provided further, That the Executive Residence shall require the
national committee of the political party of the President to maintain
on deposit $25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored by such
committee during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed for a
reimbursable operating expense under this paragraph is submitted to the
person owing such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the submission of
such notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under section 3717 of title 31, United States
Code: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the Executive
Residence shall prepare and submit to the Committees on Appropriations,
by not later than 90 days after the end of the fiscal year covered by
this Act, a report setting forth the reimbursable operating expenses of
the Executive Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that consists of
reimbursable official and ceremonial events, the amount of such total
that consists of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events within the
Executive Residence that includes a standard for the classification of
any such expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
white house repair and restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $968,000, to remain available until
expended, for projects for required maintenance, safety and health
issues, Presidential transition, telecommunications infrastructure
repair, and continued preventive maintenance.
Special Assistance to the President and the Official Residence of the
Vice President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $3,673,000.
[[Page 114 STAT. 2763A-138]]
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, heating and
lighting, including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor vehicles;
and not to exceed $90,000 for official entertainment expenses of the
Vice President, to be accounted for solely on his certificate, $354,000:
Provided, That advances or repayments or transfers from this
appropriation may be made to any department or agency for expenses of
carrying out such activities.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,110,000.
Office of Policy Development
salaries and expenses
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$4,032,000.
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $7,165,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $43,737,000, of which $9,905,000 shall be
available until September 30, 2002 for a capital investment plan which
provides for the continued modernization of the information technology
infrastructure.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, $68,786,000, of which not to exceed $5,000,000 shall be
available to carry out the provisions of chapter 35 of title 44, United
States Code: Provided, That, as provided in 31 U.S.C. 1301(a),
appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may
[[Page 114 STAT. 2763A-139]]
be used for the purpose of reviewing any agricultural marketing orders
or any activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the altering of
the transcript of actual testimony of witnesses, except for testimony of
officials of the Office of Management and Budget, before the Committees
on Appropriations or the Committees on Veterans' Affairs or their
subcommittees: Provided further, That the preceding shall not apply to
printed hearings released by the Committees on Appropriations or the
Committees on Veterans' Affairs.
Office of National Drug Control Policy
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (title VII of division C of
Public Law 105-277); not to exceed $8,000 for official reception and
representation expenses; and for participation in joint projects or in
the provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without
reimbursement, $24,759,000, of which $2,100,000 shall remain available
until expended, consisting of $1,100,000 for policy research and
evaluation, and $1,000,000 for the National Alliance for Model State
Drug Laws, and up to $600,000 for the evaluation of the Drug-Free
Communities Act: Provided, That the Office is authorized to accept,
hold, administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
counterdrug technology assessment center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (title VII of division C of
Public Law 105-277), $29,053,000, which shall remain available until
expended, consisting of $15,803,000 for counternarcotics research and
development projects, and $13,250,000 for the continued operation of the
technology transfer program: Provided, That the $15,803,000 for counter-
narcotics research and development projects shall be available for
transfer to other Federal departments or agencies.
Federal Drug Control Programs
high intensity drug trafficking areas program
(including transfer of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $206,500,000 for
drug control activities consistent with the approved
[[Page 114 STAT. 2763A-140]]
strategy for each of the designated High Intensity Drug Trafficking
Areas, of which no less than 51 percent shall be transferred to State
and local entities for drug control activities, which shall be obligated
within 120 days of the date of the enactment of this Act: Provided, That
up to 49 percent, to remain available until September 30, 2002, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director: Provided further, That, of this latter
amount, $1,800,000 shall be used for auditing services: Provided
further, That HIDTAs designated as of September 30, 2000, shall be
funded at fiscal year 2000 levels unless the Director submits to the
Committees, and the Committees approve, justification for changes in
those levels based on clearly articulated priorities for the HIDTA
program, as well as published ONDCP performance measures of
effectiveness.
special forfeiture fund
(including transfer of funds)
For activities to support a national anti-drug campaign for youth,
and other purposes, authorized by Public Law 105-277, $233,600,000, to
remain available until expended: Provided, That such funds may be
transferred to other Federal departments and agencies to carry out such
activities: Provided further, That of the funds provided, $185,000,000
shall be to support a national media campaign, as authorized in the
Drug-Free Media Campaign Act of 1998: Provided further, That of the
funds provided, $3,300,000 shall be made available to the United States
Olympic Committee's anti-doping program no later than 30 days after the
enactment of this Act: Provided further, That of the funds provided,
$40,000,000 shall be to continue a program of matching grants to drug-
free communities, as authorized in the Drug-Free Communities Act of
1997: Provided further, That of the funds provided, $1,000,000 shall be
available to the National Drug Court Institute.
This title may be cited as the ``Executive Office Appropriations
Act, 2001''.
TITLE IV--INDEPENDENT AGENCIES
Committee for Purchase From People Who are Blind or Severely Disabled
salaries and expenses
For necessary expenses of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by the Act of June 23, 1971,
Public Law 92-28, $4,158,000.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $40,500,000, of which no less
than $4,689,500 shall be available for internal automated data
processing systems, and of which not to exceed $5,000 shall be available
for reception and representation expenses.
[[Page 114 STAT. 2763A-141]]
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $25,058,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfer of funds)
For an additional amount to be deposited in, and to be used for the
purposes of, the Fund established pursuant to section 210(f ) of the
Federal Property and Administration Act of 1949, as amended (40 U.S.C.
490(f )), $464,154,000. The revenues and collections deposited into the
Fund shall be available for necessary expenses of real property
management and related activities not otherwise provided for, including
operation, maintenance, and protection of federally-owned and leased
buildings; rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in connection
with the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and moving; repair
and alteration of federally-owned buildings including grounds,
approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally-owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $5,971,509,000 of which: (1) $472,176,000 shall
remain available until expended for construction (including funds for
sites and expenses and associated design and construction services) of
additional projects at the following locations: California, Los Angeles,
United States Courthouse; District
[[Page 114 STAT. 2763A-142]]
of Columbia, Bureau of Alcohol, Tobacco and Firearms Headquarters;
Florida, Saint Petersburg, Combined Law Enforcement Facility; Maryland,
Montgomery County, Food and Drug Administration Consolidation; Michigan,
Sault St. Marie, Border Station; Mississippi, Biloxi-Gulfport, United
States Courthouse; Montana, Eureka/Roosville, Border Station; Virginia,
Richmond, United States Courthouse; Washington, Seattle, United States
Courthouse: Provided, That funding for any project identified above may
be exceeded to the extent that savings are effected in other such
projects, but not to exceed 10 percent of the amounts included in an
approved prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount: Provided
further, That all funds for direct construction projects shall expire on
September 30, 2002, and remain in the Federal Buildings Fund except for
funds for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date; (2) $671,193,000 shall
remain available until expended for repairs and alterations which
includes associated design and construction services: Provided further,
That funds in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount by project, as
follows, except each project may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the Committees on
Appropriations of a greater amount:
Repairs and alterations:
Arizona:
Phoenix, Federal Building Courthouse, $26,962,000
California:
Santa Ana, Federal Building, $27,864,000
District of Columbia:
Internal Revenue Service Headquarters (Phase 1),
$31,780,000
Main State Building, (Phase 3), $28,775,000
Maryland:
Woodlawn, SSA National Computer Center, $4,285,000
Michigan:
Detroit, McNamara Federal Building, $26,999,000
Missouri:
Kansas City, Richard Bolling Federal Building,
$25,882,000
Kansas City, Federal Building, 8930 Ward Parkway,
$8,964,000
Nebraska:
Omaha, Zorinsky Federal Building, $45,960,000
New York:
New York City, 40 Foley Square, $5,037,000
Ohio:
Cincinnati, Potter Stewart United States Courthouse,
$18,434,000
Pennsylvania:
Pittsburgh, United States Post Office-Courthouse,
$54,144,000
Utah:
Salt Lake City, Bennett Federal Building,
$21,199,000
Virginia:
Reston, J.W. Powell Federal Building (Phase 2),
$22,993,000
[[Page 114 STAT. 2763A-143]]
Nationwide:
Design Program, $21,915,000
Energy Program, $5,000,000
Glass Fragment Retention Program, $5,000,000
Basic Repairs and Alterations, $290,000,000:
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
notice is transmitted to the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: Provided further, That all
funds for repairs and alterations prospectus projects shall expire on
September 30, 2002, and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
the amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects; (3) $185,369,000
for installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$2,944,905,000 for rental of space which shall remain available until
expended; and (5) $1,624,771,000 for building operations which shall
remain available until expended: Provided further, That in addition to
amounts made available herein, $276,400,000 shall be deposited to the
Fund, to become available on October 1, 2001, and remain available until
expended for the following construction projects (including funds for
sites and expenses and associated design and construction services):
District of Columbia, United States Courthouse Annex; Florida, Miami,
United States Courthouse; Massachusetts, Springfield, United States
Courthouse; New York, Buffalo, United States Courthouse: Provided
further, That funding for any project identified above may be exceeded
to the extent that savings are effected in other such projects, but not
to exceed 10 percent of the amounts included in an approved prospectus,
if required, unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That funds
available to the General Services Administration shall not be available
for expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by the Public Buildings Act
of 1959, as amended, has not been approved, except that necessary funds
may be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under section 210(f )(6)
of the Federal Property and
[[Page 114 STAT. 2763A-144]]
Administrative Services Act of 1949, as amended (40 U.S.C. 490(f )(6))
and amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not in
Government ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections and any
other sums accruing to this Fund during fiscal year 2001, excluding
reimbursements under section 210(f )(6) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(f )(6)) in excess of
$5,971,509,000 shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
policy and operations
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and oversight activities associated with asset
management activities; utilization and donation of surplus personal
property; transportation; procurement and supply; Government-wide
responsibilities relating to automated data management,
telecommunications, information resources management, and related
technology activities; utilization survey, deed compliance inspection,
appraisal, environmental and cultural analysis, and land use planning
functions pertaining to excess and surplus real property; agency-wide
policy direction; Board of Contract Appeals; accounting, records
management, and other support services incident to adjudication of
Indian Tribal Claims by the United States Court of Federal Claims;
services as authorized by 5 U.S.C. 3109; and not to exceed $5,000 for
official reception and representation expenses, $123,920,000, of which
$27,301,000 shall remain available until expended: Provided, That none
of the funds appropriated from this Act shall be available to convert
the Old Post Office at 1100 Pennsylvania Avenue in Northwest Washington,
D.C., from office use to any other use until a comprehensive plan, which
shall include street-level retail use, has been approved by the Senate
Committee on Appropriations, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Environment and Public
Works: Provided further, That no funds from this Act shall be available
to acquire by purchase, condemnation, or otherwise the leasehold rights
of the existing lease with private parties at the Old Post Office prior
to the approval of the comprehensive plan by the Senate Committee on
Appropriations, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Environment and Public
Works.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $34,520,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
[[Page 114 STAT. 2763A-145]]
allowances and office staff for former presidents
(including transfer of funds)
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $2,517,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
expenses, presidential transition
For expenses necessary to carry out the Presidential Transition Act
of 1963, as amended, $7,100,000.
General Services Administration--General Provisions
Sec. 401. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made available for
fiscal year 2001 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 2002 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the priorities
of the Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal year 2002
request must be accompanied by a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by the
Information Technology Fund, General Services Administration, under 40
U.S.C. 757 and sections 5124(b) and 5128 of Public Law 104-106,
Information Technology Management Reform Act of 1996, for performance of
pilot information technology projects which have potential for
Governmentwide benefits and savings, may be repaid to this Fund from any
savings actually incurred by these projects or other funding, to the
extent feasible.
[[Page 114 STAT. 2763A-146]]
Sec. 407. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations.
Sec. 408. Section 411 of Public Law 106-58 is amended by striking
``April 30, 2001'' each place it appears and inserting ``April 30,
2002''.
Sec. 409. Designation of Ronald N. Davies Federal Building and
United States Courthouse. (a) The Federal building and courthouse
located at 102 North 4th Street, Grand Forks, North Dakota, shall be
known and designated as the ``Ronald N. Davies Federal Building and
United States Courthouse''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the Federal building and courthouse
referred to in section 1 shall be deemed to be a reference to the Ronald
N. Davies Federal Building and United States Courthouse.
Sec. 410. From the funds made available under the heading ``Federal
Buildings Fund Limitations on Revenue'', in addition to amounts provided
in budget activities above, up to $2,500,000 shall be available for the
construction of a road and acquisition of the property necessary for
construction of said road and associated port of entry facilities:
Provided, That said property shall include a 125 foot wide right-of-way
beginning approximately 700 feet east of Highway 11 at the northeast
corner of the existing port facilities and going north approximately
4,750 feet and approximately 10.22 acres adjacent to the port of entry
in Township 29 S. Range 8W., Section 14: Provided further, That
construction of the road shall occur only after this property is deeded
and conveyed to the United States by and through the General Services
Administration without reimbursement or cost to the United States at the
election of its current landholder: Provided further, That
notwithstanding any other provision of law, and subject to the foregoing
conditions, the Administrator of General Services shall construct a road
to the Columbus, New Mexico Port of Entry Station on the property,
connecting the port with a road to be built by the County of Luna, New
Mexico to connect to State Highway 11: Provided further, That
notwithstanding any other provision of law, Luna County shall construct
the roadway from State Highway 11 to the terminus of the northbound road
to be constructed by the General Services Administration in time for
completion of the road to be constructed by the General Services
Administration in time for completion of the road to be constructed by
the General Services Administration: Provided further, That upon
completion of the construction of the road by the General Services
Administration, and notwithstanding any other provision of law, the
Administrator of General Services shall convey to the municipality of
Luna County, New Mexico, without reimbursement, all right, title, and
interest of the United States to that portion of the property
constituting the improved road and standard county road right-of-way
which is not required for the operation of the port of entry: Provided
further, That the General Services Administration on behalf of the
United States upon conveyance of the property to the municipality of
Luna, New Mexico, shall retain the balance of the property located
adjacent to the port, consisting of approximately 12 acres, to be owned
[[Page 114 STAT. 2763A-147]]
or otherwise managed by the Administrator pursuant to the Federal
Property and Administrative Services Act of 1949, as amended: Provided
further, That the General Services Administration is authorized to
acquire such additional real property and rights in real property as may
be necessary to construct said road and provide a contiguous site for
the port of entry: Provided further, That the United States shall incur
no liability for any environmental laws or conditions existing at the
property at the time of conveyance to the United States or in connection
with the construction of the road: Provided further, That Luna County
and the Village of Columbus shall be responsible for providing adequate
access and egress to existing properties east of the port of entry:
Provided further, That the Bureau of Land Management, the International
Boundary and Water Commission, the Federal Inspection Agencies and the
Department of State shall take all actions necessary to facilitate the
construction of the road and expansion of the port facilities.
Sec. 411. Designation of J. Bratton Davis United States Bankruptcy
Courthouse. (a) The United States bankruptcy courthouse at 1100 Laurel
Street in Columbia, South Carolina, shall be known and designated as the
``J. Bratton Davis United States Bankruptcy Courthouse''.
(b) Any reference in a law, map, regulation, document, paper, or
other record of the United States to the United States bankruptcy
courthouse referred to in subsection (a) shall be deemed to be a
reference to the ``J. Bratton Davis United States Bankruptcy
Courthouse''.
Sec. 412. (a) The United States Courthouse Annex located at 901 19th
Street in Denver, Colorado is hereby designated as the ``Alfred A. Arraj
United States Courthouse Annex''.
(b) Any reference in a law, map, regulation, document, or paper or
other record of the United States to the Courthouse Annex herein
referred to in subsection (a) shall be deemed to be a reference to the
``Alfred A. Arraj United States Courthouse Annex''.
Sec. 413. Designation of the Paul Coverdell Dormitory. The dormitory
building currently being constructed on the Core Campus of the Federal
Law Enforcement Training Center in Glynco, Georgia, shall be known and
designated as the ``Paul Coverdell Dormitory''.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia
and elsewhere, hire of passenger motor vehicles, and direct procurement
of survey printing, $29,437,000 together with not to exceed $2,430,000
for administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
[[Page 114 STAT. 2763A-148]]
Federal Payment to Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Trust Fund, to be available for the purposes of
Public Law 102-252, $2,000,000, to remain available until expended.
Environmental Dispute Resolution Fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $1,250,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives (including the Information Security Oversight Office)
and archived Federal records and related activities, as provided by law,
and for expenses necessary for the review and declassification of
documents, and for the hire of passenger motor vehicles, $209,393,000:
Provided, That the Archivist of the United States is authorized to use
any excess funds available from the amount borrowed for construction of
the National Archives facility, for expenses necessary to provide
adequate storage for holdings.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $95,150,000, to remain
available until expended of which $88,000,000 is to complete renovation
of the National Archives Building.
National Historical Publications and Records Commission
grants program
(including rescission of funds)
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$6,450,000, to remain available until expended.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$9,684,000.
[[Page 114 STAT. 2763A-149]]
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $94,095,000; and in
addition $101,986,000 for administrative expenses, to be transferred
from the appropriate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs, of which
$10,500,000 shall remain available until expended for the cost of
automating the retirement recordkeeping systems: Provided, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B) and 8909(g)
of title 5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of the Office of Personnel Management established
pursuant to Executive Order No. 9358 of July 1, 1943, or any successor
unit of like purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No. 11183 of
October 3, 1964, may, during fiscal year 2001, accept donations of
money, property, and personal services in connection with the
development of a publicity brochure to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,360,000; and in addition, not to exceed $9,745,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
[[Page 114 STAT. 2763A-150]]
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as
amended, such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
771-775), may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994 (Public Law
103-353), including services as authorized by 5 U.S.C. 3109, payment of
fees and expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger motor
vehicles, $11,147,000.
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $37,305,000: Provided, That
travel expenses of the judges shall be paid upon the written certificate
of the judge.
This title may be cited as the ``Independent Agencies Appropriations
Act, 2001''.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. 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. 2763A-151]]
Sec. 502. 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. 503. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 504. None of the funds made available by this Act shall be
available in fiscal year 2001 for the purpose of transferring control
over the Federal Law Enforcement Training Center located at Glynco,
Georgia, and Artesia, New Mexico, out of the Department of the Treasury.
Sec. 505. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his period of active military or naval service, and has within
90 days after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1 year, made
application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to
perform the duties of his former position and has not been restored
thereto.
Sec. 506. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 507. (a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to be
purchased with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Sec. 508. 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, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to 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. 509. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefit program which
provides any benefits or coverage for abortions.
[[Page 114 STAT. 2763A-152]]
Sec. 510. The provision of section 509 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 511. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2001 from appropriations made available for salaries and
expenses for fiscal year 2001 in this Act, shall remain available
through September 30, 2002, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 512. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 513. The cost accounting standards promulgated under section 26
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41
U.S.C. 422) shall not apply with respect to a contract under the Federal
Employees Health Benefits Program established under chapter 89 of title
5, United States Code.
Sec. 514. (a) In General.--As soon as practicable after the date of
the enactment of this Act, the Archivist of the United States shall
transfer to the Gerald R. Ford Foundation, as trustee, all right, title,
and interest of the United States in and to the approximately 2.3 acres
of land located within Grand Rapids, Michigan, and further described in
subsection (b), such grant to be in trust, with the beneficiary being
the National Archives and Records Administration, for the purpose of
supporting the facilities and programs of the Gerald R. Ford Museum in
Grand Rapids, Michigan, and the Gerald R. Ford Library in Ann Arbor,
Michigan, in accordance with a trust agreement to be agreed upon by the
Archivist and the Gerald R. Ford Foundation.
(b) Land Description.--The land to be transferred pursuant to
subsection (a) is described as follows:
The following premises in the City of Grand Rapids, County of Kent,
State of Michigan, described as:
That part of Block 2, Converse Plat, and that part of Block 2 of
J.W. Converse Replatted Addition, and that part of Government Lot 1 of
Section 25, T7N, R12W, City of Grand Rapids, Kent County, Michigan,
described as: BEGINNING at the NE corner of Lot 1 of Block 2 of Converse
Plat; thence East 245.0 feet along the South line of Bridge Street;
thence South 230.0 feet along a line which is parallel with and 170 feet
East from the East line of Front Avenue as originally platted; thence
West 207.5 feet parallel with the South line of Bridge Street; thence
South along the centerline of vacated Front Avenue 109 feet more or less
to the extended centerline of vacated Douglas Street; thence West along
the centerline of vacated Douglas Street 237.5 feet more or less to the
East line of Scribner Avenue; thence North along
[[Page 114 STAT. 2763A-153]]
the East line of Scribner Avenue 327 feet more or less to a point which
is 7.0 feet South from the NW corner of Lot 8 of Block 2 of Converse
Plat; thence Easterly 200 feet more or less to the place of beginning,
also described as:
Parcel A--Lots 9 & 10, Block 2 of Converse Plat, being the
subdivision of Government Lots 1 & 2, Section 25, T7N, R12W; also Lots
11-24, Block 2 of J.W. Converse Replatted Addition; also part of N \1/2\
of Section 25, T7N, R12W, commencing at SE corner Lot 24, Block 2 of
J.W. Converse Replatted Addition, thence N to NE corner of Lot 9 of
Converse Plat, thence E 16 feet, thence S to SW corner of Lot 23 of J.W.
Converse Replatted Addition, thence W 16 feet to beginning.
Parcel B--Part of Section 25, T7N, R12W, commencing on S line of
Bridge Street 50 feet E of E line of Front Avenue, thence S 107.85 feet,
thence 77 feet, thence N to a point on S line of said street which is 80
feet E of beginning, thence W to beginning.
Parcel C--Part of Section 25, T7N, R12W, commencing at SE corner
Bridge Street & Front Avenue, thence E 50 feet, thence S 107.85 feet to
alley, thence W 50 feet to E line Front Avenue, thence N 106.81 feet to
beginning.
Parcel D--Part of Government Lot 1, Section 25, T7N, R12W,
commencing at a point on S line of Bridge Street (66' wide) 170 feet E
of E line of Front Avenue (75' wide), thence S 230 feet parallel with
Front Avenue, thence W 170 feet parallel with Bridge Street to E line of
Front Avenue, thence N along said line to a point 106.81 feet S of
intersection of said line with extension of N & S line of Bridge Street,
thence E 127 feet, thence northerly to a point on S line of Bridge
Street 130 feet E of E line of Front Avenue, thence E along S line of
Bridge Street to beginning.
Parcel E--Lots 1 through 8 of Block 2 of Converse Plat, being the
subdivision of Government Lots 1 and 2, Section 25, T7N, R12W.
Also part of N \1/2\ of Section 25, T7N, R12W, commencing at NW
corner of Lot 9, Block 2 of J.W. Converse Replatted Addition; thence N
15 feet to SW corner of Lot 8; thence E 200 feet to SE corner Lot 1;
thence S 15 feet to NE corner of Lot 10; thence W 200 feet to beginning.
Together with any portion of vacated streets and alleys that have
become part of the above property.
(c) Terms and Conditions.--
(1) Compensation.--The land transferred pursuant to
subsection (a) shall be transferred without compensation to the
United States.
(2) Appointment of successor trustee.--In the event that the
Gerald R. Ford Foundation for any reason is unable or unwilling
to continue to serve as trustee, the Archivist of the United
States is authorized to appoint a successor trustee.
(3) Reversionary interest.--If the Archivist of the United
States determines that the Gerald R. Ford Foundation (or a
successor trustee appointed under paragraph (2)) has breached
its fiduciary duty under the trust agreement entered into
pursuant to this section, the land transferred pursuant to
subsection (a) shall revert to the United States under the
administrative jurisdiction of the Archivist.
Sec. 515. (a) In General.--The Director of the Office of Management
and Budget shall, by not later than September 30,
[[Page 114 STAT. 2763A-154]]
2001, and with public and Federal agency involvement, issue guidelines
under sections 3504(d)(1) and 3516 of title 44, United States Code, that
provide policy and procedural guidance to Federal agencies for ensuring
and maximizing the quality, objectivity, utility, and integrity of
information (including statistical information) disseminated by Federal
agencies in fulfillment of the purposes and provisions of chapter 35 of
title 44, United States Code, commonly referred to as the Paperwork
Reduction Act.
(b) Content of Guidelines.--The guidelines under subsection (a)
shall--
(1) apply to the sharing by Federal agencies of, and access
to, information disseminated by Federal agencies; and
(2) require that each Federal agency to which the guidelines
apply--
(A) issue guidelines ensuring and maximizing the
quality, objectivity, utility, and integrity of
information (including statistical information)
disseminated by the agency, by not later than 1 year
after the date of issuance of the guidelines under
subsection (a);
(B) establish administrative mechanisms allowing
affected persons to seek and obtain correction of
information maintained and disseminated by the agency
that does not comply with the guidelines issued under
subsection (a); and
(C) report periodically to the Director--
(i) the number and nature of complaints
received by the agency regarding the accuracy of
information disseminated by the agency; and
(ii) how such complaints were handled by the
agency.
Sec. 516. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 517. 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. 518. Not later than July 1, 2001, the Director of the Office of
Management and Budget shall submit a report to the Committee on
Appropriations and the Committee on Governmental Affairs of the Senate
and the Committee on Appropriations and the Committee on Government
Reform of the House of Representatives that: (1) evaluates, for each
agency, the extent to which implementation of chapter 35 of title 31,
United States Code, as amended by the Paperwork Reduction Act of 1995
(Public Law 104-13), has reduced burden imposed by rules issued by the
agency, including the burden imposed by each major rule issued by the
agency; (2) includes a determination, based on such evaluation,
[[Page 114 STAT. 2763A-155]]
of the need for additional procedures to ensure achievement of the
purposes of that chapter, as set forth in section 3501 of title 31,
United States Code, and evaluates the burden imposed by each major rule
that imposes more than 10,000,000 hours of burden, and identifies
specific reductions expected to be achieved in each of fiscal years 2001
and 2002 in the burden imposed by all rules issued by each agency that
issued such a major rule.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2001 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act) by the officers and employees of such department,
agency, or instrumentality.
Sec. 603. Unless otherwise specifically provided, the maximum amount
allowable during the current fiscal year in accordance with section 16
of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any
passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed $3,700 for
police-type vehicles, and by not to exceed $4,000 for special heavy-duty
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 605. Unless otherwise specified during the current fiscal year,
no part of any appropriation contained in this or any other Act shall be
used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of this Act
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of
[[Page 114 STAT. 2763A-156]]
the United States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the United States;
(4) is an alien from Cuba, Poland, South Vietnam, the countries of the
former Soviet Union, or the Baltic countries lawfully admitted to the
United States for permanent residence; (5) is a South Vietnamese,
Cambodian, or Laotian refugee paroled in the United States after January
1, 1975; or (6) is a national of the People's Republic of China who
qualifies for adjustment of status pursuant to the Chinese Student
Protection Act of 1992: Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status have been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and, upon
conviction, shall be fined no more than $4,000 or imprisoned for not
more than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government. This section shall
not apply to citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the United
States in a current defense effort, or to international broadcasters
employed by the United States Information Agency, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 607. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia;
[[Page 114 STAT. 2763A-157]]
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by which
they are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative expenses shall
be correspondingly reduced.
Sec. 609. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 610. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service and under the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the powers of special
policemen provided by the first section of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take the same
actions as the Administrator of General Services may take under the
provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
consequences under the authority and within the limits provided in
section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.
Sec. 613. (a) Notwithstanding any other provision of law, and except
as otherwise provided in this section, no part of any of the funds
appropriated for fiscal year 2001, by this or any other Act, may be used
to pay any prevailing rate employee described in section 5342(a)(2)(A)
of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by section 613 of the Treasury and General
Government Appropriations Act, 2000, until the normal effective
date of the applicable wage survey adjustment that is to take
effect in fiscal year 2001, in an amount that exceeds the rate
payable for the applicable grade and step of the applicable wage
schedule in accordance with such section 613; and
(2) during the period consisting of the remainder of fiscal
year 2001, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2001 under section 5303 of title 5, United
States
[[Page 114 STAT. 2763A-158]]
Code, in the rates of pay under the General Schedule;
and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2001 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in fiscal year 2000 under such section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to an
employee who is covered by this section and who is paid from a schedule
not in existence on September 30, 2000, shall be determined under
regulations prescribed by the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 2000, except to the extent determined by the
Office of Personnel Management to be consistent with the purpose of this
section.
(e) This section shall apply with respect to pay for service
performed after September 30, 2000.
(f ) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement,
life insurance, or any other employee benefit) that requires any
deduction or contribution, or that imposes any requirement or limitation
on the basis of a rate of salary or basic pay, the rate of salary or
basic pay payable after the application of this section shall be treated
as the rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 614. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the purposes
of this section, the word ``office'' shall include the entire suite of
offices assigned to the individual, as well as any other space used
primarily by the individual or the use of which is directly controlled
by the individual.
Sec. 615. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations,
[[Page 114 STAT. 2763A-159]]
to be used for the purpose of conducting Federal law enforcement
training without the advance approval of the Committees on
Appropriations, except that the Federal Law Enforcement Training Center
is authorized to obtain the temporary use of additional facilities by
lease, contract, or other agreement for training which cannot be
accommodated in existing Center facilities.
Sec. 616. Notwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for fiscal year
2001 by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 617. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Federal Bureau of Investigation and
the Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the Department of the
Treasury, and the Department of Energy performing intelligence
functions; and
(7) the Director of Central Intelligence.
Sec. 618. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2001 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 619. None of the funds made available in this Act for the
United States Customs Service may be used to allow the importation into
the United States of any good, ware, article, or merchandise mined,
produced, or manufactured by forced or indentured child labor, as
determined pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
[[Page 114 STAT. 2763A-160]]
Sec. 620. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 621. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 622. No funds appropriated in this or any other Act may be used
to implement or enforce the agreements in Standard Forms 312 and 4414 of
the Government or any other nondisclosure policy, form, or agreement if
such policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by Executive Order No. 12958; section
7211 of title 5, U.S.C. (governing disclosures to Congress); section
1034 of title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by
members of the military); section
[[Page 114 STAT. 2763A-161]]
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)
(governing disclosures that could expose confidential Government
agents); and the statutes which protect against disclosure that may
compromise the national security, including sections 641, 793, 794, 798,
and 952 of title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding paragraph, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or officer of the
United States Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not disclose
any classified information received in the course of such activity
unless specifically authorized to do so by the United States Government.
Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress or to an authorized official of an executive
agency or the Department of Justice that are essential to reporting a
substantial violation of law.
Sec. 623. No part of any funds appropriated in this or any other Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 624. (a) In General.--For calendar year 2002 and each year
thereafter, the Director of the Office of Management and Budget shall
prepare and submit to Congress, with the budget submitted under section
1105 of title 31, United States Code, an accounting statement and
associated report containing--
(1) an estimate of the total annual costs and benefits
(including quantifiable and nonquantifiable effects) of Federal
rules and paperwork, to the extent feasible--
(A) in the aggregate;
(B) by agency and agency program; and
(C) by major rule;
(2) an analysis of impacts of Federal regulation on State,
local, and tribal government, small business, wages, and
economic growth; and
(3) recommendations for reform.
(b) Notice.--The Director of the Office of Management and Budget
shall provide public notice and an opportunity to comment on the
statement and report under subsection (a) before the statement and
report are submitted to Congress.
(c) Guidelines.--To implement this section, the Director of the
Office of Management and Budget shall issue guidelines to agencies to
standardize--
(1) measures of costs and benefits; and
(2) the format of accounting statements.
[[Page 114 STAT. 2763A-162]]
(d) Peer Review.--The Director of the Office of Management and
Budget shall provide for independent and external peer review of the
guidelines and each accounting statement and associated report under
this section. Such peer review shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
Sec. 625. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 626. Hereafter, the Secretary of the Treasury is authorized to
establish scientific certification standards for explosives detection
canines, and shall provide, on a reimbursable basis, for the
certification of explosives detection canines employed by Federal
agencies, or other agencies providing explosives detection services at
airports in the United States.
Sec. 627. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.
Sec. 628. No part of any appropriation contained in this or any
other Act shall be used for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
Sec. 629. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 630. (a) None of the funds appropriated by this Act may be used
to enter into or renew a contract which includes a provision providing
prescription drug coverage, except where the contract also includes a
provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO;
(B) Care Choices;
(C) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
[[Page 114 STAT. 2763A-163]]
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 631. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, funds made available for fiscal year 2001 by this or any other Act
to any department or agency, which is a member of the Joint Financial
Management Improvement Program (JFMIP), shall be available to finance an
appropriate share of JFMIP administrative costs, as determined by the
JFMIP, but not to exceed a total of $800,000 including the salary of the
Executive Director and staff support.
Sec. 632. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to the ``Policy and Operations'' account, General
Services Administration, with the approval of the Director of the Office
of Management and Budget, funds made available for fiscal year 2001 by
this or any other Act, including rebates from charge card and other
contracts. These funds shall be administered by the Administrator of
General Services to support Government-wide financial, information
technology, procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency groups
designated by the Director (including the Chief Financial Officers
Council and the Joint Financial Management Improvement Program for
financial management initiatives, the Chief Information Officers Council
for information technology initiatives, and the Procurement Executives
Council for procurement initiatives). The total funds transferred shall
not exceed $17,000,000. Such transfers may only be made 15 days
following notification of the Committees on Appropriations by the
Director of the Office of Management and Budget.
Sec. 633. (a) In General.--In accordance with regulations
promulgated by the Office of Personnel Management, an Executive agency
which provides or proposes to provide child care services for Federal
employees may use appropriated funds (otherwise available to such agency
for salaries and expenses) to provide child care, in a Federal or leased
facility, or through contract, for civilian employees of such agency.
(b) Affordability.--Amounts so provided with respect to any such
facility or contractor shall be applied to improve the affordability of
child care for lower income Federal employees using or seeking to use
the child care services offered by such facility or contractor.
(c) Definition.--For purposes of this section, the term ``Executive
agency'' has the meaning given such term by section 105 of title 5,
United States Code, but does not include the General Accounting Office.
(d) Notification.--None of the funds made available in this or any
other Act may be used to implement the provisions of this section absent
advance notification to the Committees on Appropriations.
Sec. 634. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on Federal
property, if the woman and her child are otherwise authorized to be
present at the location.
Sec. 635. Nothwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for fiscal year
2001 by this or any other Act shall be available for
[[Page 114 STAT. 2763A-164]]
the interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the National
Science and Technology Council to the Committees on Appropriations, the
House Committee on Science; and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this Act.
Sec. 636. Retirement Provisions Relating to Certain Members of the
Police Force of the Metropolitan Washington Airports Authority.--(a)
Qualified MWAA Police Officer Defined.--For purposes of this section,
the term ``qualified MWAA police officer'' means any individual who, as
of the date of the enactment of this Act--
(1) is employed as a member of the police force of the
Metropolitan Washington Airports Authority (hereafter in this
section referred to as an ``MWAA police officer''); and
(2) is subject to the Civil Service Retirement System or the
Federal Employees' Retirement System by virtue of section
49107(b) of title 49, United States Code.
(b) Eligibility To Be Treated as a Law Enforcement Officer for
Retirement Purposes.--
(1) In general.--Any qualified MWAA police officer may, by
written election submitted in accordance with applicable
requirements under subsection (c), elect to be treated as a law
enforcement officer (within the meaning of section 8331 or 8401
of title 5, United States Code, as applicable), and to have all
prior service described in paragraph (2) similarly treated.
(2) Prior service described.--The service described in this
paragraph is all service which an individual performed, prior to
the effective date of such individual's election under this
section, as--
(A) an MWAA police officer; or
(B) a member of the police force of the Federal
Aviation Administration (hereafter in this section
referred to as an ``FAA police officer'').
(c) Regulations.--The Office of Personnel Management shall prescribe
any regulations necessary to carry out this section, including
provisions relating to the time, form, and manner in which any election
under this section shall be made. Such an election shall not be
effective unless--
(1) it is made before the employee separates from service
with the Metropolitan Washington Airports Authority, but in no
event later than 1 year after the regulations under this
subsection take effect; and
(2) it is accompanied by payment of an amount equal to, with
respect to all prior service of such employee which is described
in subsection (b)(2)--
(A) the employee deductions that would have been
required for such service under chapter 83 or 84 of
title 5, U.S.C. (as the case may be) if such election
had then been in effect, minus
[[Page 114 STAT. 2763A-165]]
(B) the total employee deductions and contributions
under such chapter 83 and 84 (as applicable) that were
actually made for such service,
taking into account only amounts required to be credited to the
Civil Service Retirement and Disability Fund. Any amount under
paragraph (2) shall be computed with interest, in accordance
with section 8334(e) of such title 5.
(d) Government Contributions.--Whenever a payment under subsection
(c)(2) is made by an individual with respect to such individual's prior
service (as described in subsection (b)(2)), the Metropolitan Washington
Airports Authority shall pay into the Civil Service Retirement and
Disability Fund any additional contributions for which it would have
been liable, with respect to such service, if such individual's election
under this section had then been in effect (and, to the extent of any
prior FAA police officer service, as if it had then been the employing
agency). Any amount under this subsection shall be computed with
interest, in accordance with section 8334(e) of title 5, United States
Code.
(e) Certifications.--The Office of Personnel Management shall
accept, for the purpose of this section, the certification of--
(1) the Metropolitan Washington Airports Authority (or its
designee) concerning any service performed by an individual as
an MWAA police officer; and
(2) the Federal Aviation Administration (or its designee)
concerning any service performed by an individual as an FAA
police officer.
(f ) Reimbursement To Compensate for Unfunded Liability.--
(1) In general.--The Metropolitan Washington Airports
Authority shall pay into the Civil Service Retirement and
Disability Fund an amount (as determined by the Director of the
Office of Personnel Management) equal to the amount necessary to
reimburse the Fund for any estimated increase in the unfunded
liability of the Fund (to the extent the Civil Service
Retirement System is involved), and for any estimated increase
in the supplemental liability of the Fund (to the extent the
Federal Employees' Retirement System is involved), resulting
from the enactment of this section.
(2) Payment method.--The Metropolitan Washington Airports
Authority shall pay the amount so determined in five equal
annual installments, with interest (which shall be computed at
the rate used in the most recent valuation of the Federal
Employees' Retirement System).
Sec. 637. (a) For purposes of this section--
(1) the term ``comparability payment'' refers to a locality-
based comparability payment under section 5304 of title 5,
United States Code;
(2) the term ``President's pay agent'' refers to the pay
agent described in section 5302(4) of such title; and
(3) the term ``pay locality'' has the meaning given such
term by section 5302(5) of such title.
(b) Notwithstanding any provision of section 5304 of title 5, United
States Code, for purposes of determining appropriate pay localities and
making comparability payment recommendations, the President's pay agent
may, in accordance with succeeding provisions of this section, make
comparisons of General Schedule pay and
[[Page 114 STAT. 2763A-166]]
non-Federal pay within any of the metropolitan statistical areas
described in subsection (d)(3), using--
(1) data from surveys of the Bureau of Labor Statistics;
(2) salary data sets obtained under subsection (c); or
(3) any combination thereof.
(c) To the extent necessary in order to carry out this section, the
President's pay agent may obtain any salary data sets (referred to in
subsection (b)) from any organization or entity that regularly compiles
similar data for businesses in the private sector.
(d)(1)(A) This paragraph applies with respect to the five
metropolitan statistical areas described in paragraph (3) which--
(i) have the highest levels of nonfarm employment (as
determined based on data made available by the Bureau of Labor
Statistics); and
(ii) as of the date of the enactment of this Act, have not
previously been surveyed by the Bureau of Labor Statistics (as
discrete pay localities) for purposes of section 5304 of title
5, United States Code.
(B) The President's pay agent, based on such comparisons under
subsection (b) as the pay agent considers appropriate, shall: (i)
determine whether any of the five areas under subparagraph (A) warrants
designation as a discrete pay locality; and (ii) if so, make
recommendations as to what level of comparability payments would be
appropriate during 2002 for each area so determined.
(C)(i) Any recommendations under subparagraph (B)(ii) shall be
included--
(I) in the pay agent's report under section 5304(d)(1) of
title 5, United States Code, submitted for purposes of
comparability payments scheduled to become payable in 2002; or
(II) if compliance with subclause (I) is impracticable, in a
supplementary report which the pay agent shall submit to the
President and the Congress no later than March 1, 2001.
(ii) In the event that the recommendations are completed in time to
be included in the report described in clause (i)(I), a copy of those
recommendations shall be transmitted by the pay agent to the Congress
contemporaneous with their submission to the President.
(D) Each of the five areas under subparagraph (A) that so warrants,
as determined by the President's pay agent, shall be designated as a
discrete pay locality under section 5304 of title 5, United States Code,
in time for it to be treated as such for purposes of comparability
payments becoming payable in 2002.
(2) The President's pay agent may, at any time after the 180th day
following the submission of the report under subsection (f ), make any
initial or further determinations or recommendations under this section,
based on any pay comparisons under subsection (b), with respect to any
area described in paragraph (3).
(3) An area described in this paragraph is any metropolitan
statistical area within the continental United States that (as
determined based on data made available by the Bureau of Labor
Statistics and the Office of Personnel Management, respectively) has a
high level of nonfarm employment and at least 2,500 General Schedule
employees whose post of duty is within such area.
(e)(1) The authority under this section to make pay comparisons and
to make any determinations or recommendations based on such comparisons
shall be available to the President's pay agent only for purposes of
comparability payments becoming payable on
[[Page 114 STAT. 2763A-167]]
or after January 1, 2002, and before January 1, 2007, and only with
respect to areas described in subsection (d)(3).
(2) Any comparisons and recommendations so made shall, if included
in the pay agent's report under section 5304(d)(1) of title 5, United
States Code, for any year (or the pay agent's supplementary report, in
accordance with subsection (d)(1)(C)(i)(II)), be considered and acted on
as the pay agent's comparisons and recommendations under such section
5304(d)(1) for the area and the year involved.
(f )(1) No later than March 1, 2001, the President's pay agent shall
submit 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
of the Senate, a report on the use of pay comparison data, as described
in subsection (b)(2) or (3) (as appropriate), for purposes of
comparability payments.
(2) The report shall include the cost of obtaining such data, the
rationale underlying the decisions reached based on such data, and the
relative advantages and disadvantages of using such data (including
whether the effort involved in analyzing and integrating such data is
commensurate with the benefits derived from their use). The report may
include specific recommendations regarding the continued use of such
data.
(g)(1) No later than May 1, 2001, the President's pay agent shall
prepare and submit to the committees specified in subsection (f )(1) a
report relating to the ongoing efforts of the Office of Personnel
Management, the Office of Management and Budget, and the Bureau of Labor
Statistics to revise the methodology currently being used by the Bureau
of Labor Statistics in performing its surveys under section 5304 of
title 5, United States Code.
(2) The report shall include a detailed accounting of any concerns
the pay agent may have regarding the current methodology, the specific
projects the pay agent has directed any of those agencies to undertake
in order to address those concerns, and a time line for the anticipated
completion of those projects and for implementation of the revised
methodology.
(3) The report shall also include recommendations as to how those
ongoing efforts might be expedited, including any additional resources
which, in the opinion of the pay agent, are needed in order to expedite
completion of the activities described in the preceding provisions of
this subsection, and the reasons why those additional resources are
needed.
Sec. 638. Federal Funds Identified. Any request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
indicate the agency providing the funds and the amount provided. This
provision shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
SEC. 639. MANDATORY REMOVAL FROM EMPLOYMENT OF FEDERAL LAW ENFORCEMENT
OFFICERS CONVICTED OF FELONIES.
(a) In General.--Chapter 73 of title 5, United States Code, is
amended by adding after subchapter VI the following:
[[Page 114 STAT. 2763A-168]]
``SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW
ENFORCEMENT OFFICERS
``Sec. 7371. Mandatory removal from employment of law enforcement
officers convicted of felonies
``(a) In this section, the term--
``(1) `conviction notice date' means the date on which an
agency that employs a law enforcement officer has notice that
the officer has been convicted of a felony that is entered by a
Federal or State court, regardless of whether that conviction is
appealed or is subject to appeal; and
``(2) `law enforcement officer' has the meaning given that
term under section 8331(20) or 8401(17).
``(b) Any law enforcement officer who is convicted of a felony shall
be removed from employment as a law enforcement officer on the last day
of the first applicable pay period following the conviction notice date.
``(c)(1) This section does not prohibit the removal of an individual
from employment as a law enforcement officer before a conviction notice
date if the removal is properly effected other than under this section.
``(2) This section does not prohibit the employment of any
individual in any position other than that of a law enforcement officer.
``(d) If the conviction is overturned on appeal, the removal shall
be set aside retroactively to the date on which the removal occurred,
with back pay under section 5596 for the period during which the removal
was in effect, unless the removal was properly effected other than under
this section.
``(e)(1) If removal is required under this section, the agency shall
deliver written notice to the employee as soon as practicable, and not
later than 5 calendar days after the conviction notice date. The notice
shall include a description of the specific reasons for the removal, the
date of removal, and the procedures made applicable under paragraph (2).
``(2) The procedures under section 7513(b)(2), (3), and (4), (c),
(d), and (e) shall apply to any removal under this section. The employee
may use the procedures to contest or appeal a removal, but only with
respect to whether--
``(A) the employee is a law enforcement officer;
``(B) the employee was convicted of a felony; or
``(C) the conviction was overturned on appeal.
``(3) A removal required under this section shall occur on the date
specified in subsection (b) regardless of whether the notice required
under paragraph (1) of this subsection and the procedures made
applicable under paragraph (2) of this subsection have been provided or
completed by that date.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 73 of title 5, United States Code, is amended by adding after
the item relating to section 7363 the following:
``SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW
ENFORCEMENT OFFICERS
``7371. Mandatory removal from employment of law enforcement officers
convicted of felonies.''.
(c) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act
[[Page 114 STAT. 2763A-169]]
and shall apply to any conviction of a felony entered by a Federal or
State court on or after that date.
Sec. 640. Section 504 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted into law by Public
Law 106-346) is repealed.
Sec. 641. (a) Section 5545b(d) of title 5, United States Code, is
amended by inserting at the end the following new paragraph:
``(4) Notwithstanding section 8114(e)(1), overtime pay for a
firefighter subject to this section for hours in a regular tour
of duty shall be included in any computation of pay under
section 8114.''.
(b) The amendment in subsection (a) shall be effective as if it had
been enacted as part of the Federal Firefighters Overtime Pay Reform Act
of 1998 (112 Stat. 2681-519).
Sec. 642. Section 6323(a) of title 5, United States Code, is amended
by adding at the end the following:
``(3) The minimum charge for leave under this subsection is
one hour, and additional charges are in multiples thereof.''.
Sec. 643. Section 616 of the Treasury, Postal Service and General
Government Appropriations Act, 1988, as contained in the Act of December
22, 1987 (40 U.S.C. 490b), is amended by adding at the end the
following:
``(e)(1) All existing and newly hired workers in any child care
center located in an executive facility shall undergo a criminal history
background check as defined in section 231 of the Crime Control Act of
1990 (42 U.S.C. 13041).
``(2) For purposes of this subsection, the term `executive facility'
means a facility that is owned or leased by an office or entity within
the executive branch of the Government (including one that is owned or
leased by the General Services Administration on behalf of an office or
entity within the judicial branch of the Government).
``(3) Nothing in this subsection shall be considered to apply with
respect to a facility owned by or leased on behalf of an office or
entity within the legislative branch of the Government.''.
Sec. 644. Section 501 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted into law by Public
Law 106-346) is amended by striking subsection (c) and by redesignating
subsection (d) as subsection (c).
Sec. 645. (a)(1) Title 5, United States Code, is amended by
inserting after section 5372a the following:
``Sec. 5372b. Administrative appeals judges
``(a) For the purpose of this section--
``(1) the term `administrative appeals judge position' means
a position the duties of which primarily involve reviewing
decisions of administrative law judges appointed under section
3105; and
``(2) the term `agency' means an Executive agency, as
defined by section 105, but does not include the General
Accounting Office.
``(b) Subject to such regulations as the Office of Personnel
Management may prescribe, the head of the agency concerned shall fix the
rate of basic pay for each administrative appeals judge position within
such agency which is not classified above GS-15 pursuant to section
5108.
``(c) A rate of basic pay fixed under this section shall be--
[[Page 114 STAT. 2763A-170]]
``(1) not less than the minimum rate of basic pay for level
AL-3 under section 5372; and
``(2) not greater than the maximum rate of basic pay for
level AL-3 under section 5372.''.
(2) Section 7323(b)(2)(B)(ii) of title 5, United States Code, is
amended by striking ``or 5372a'' and inserting ``5372a, or 5372b''.
(3) The table of sections for chapter 53 of title 5, United States
Code, is amended by inserting after the item relating to section 5372a
the following:
``5372b. Administrative appeals judges.''.
(b) The amendment made by subsection (a)(1) shall apply with respect
to pay for service performed on or after the first day of the first
applicable pay period beginning on or after--
(1) the 120th day after the date of the enactment of this
Act; or
(2) if earlier, the effective date of regulations prescribed
by the Office of Personnel Management to carry out such
amendment.
Sec. 646. Not later than 60 days after the date of enactment of this
Act, the Inspector General of each department or agency shall submit to
Congress a report that discloses any activity of the applicable
department or agency relating to--
(1) the collection or review of singular data, or the
creation of aggregate lists that include personally identifiable
information, about individuals who access any Internet site of
the department or agency; and
(2) entering into agreements with third parties, including
other government agencies, to collect, review, or obtain
aggregate lists or singular data containing personally
identifiable information relating to any individual's access or
viewing habits for governmental and nongovernmental Internet
sites.
This Act may be cited as the ``Treasury and General Government
Appropriations Act, 2001''.
[[Page 114 STAT. 2763A-171]]
APPENDIX D--H.R. 5666
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:
DIVISION A
CHAPTER 1
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001, is
amended--
(1) In title III, under the heading ``Rural Utilities
Service, Rural Electrification and Telecommunications Loans
Program Account'', after ``per year'' insert ``: Provided
further, That not more than $100,000 shall be available for
guarantees of private sector loans''.
(2) In title III, at the end of the first proviso under the
``Rural Housing Assistance Grants'' account, insert ``in
Mississippi and Alaska''.
(3) In section 724, by striking ``to Hispanic-serving
institutions'' and all that follows through ``maintained by such
institutions'' and inserting ``to eligible grantees specified in
subsection (d)(3) of that section'';
(4) In title VIII, under the heading ``Rural Community
Advancement Program'', by striking ``January 1, 2001'' and
inserting ``January 1, 2000'';
(5) In section 806, by inserting ``: Provided further, That
of the funds made available by this section, the Secretary shall
transfer $5,000,000 to the State of Alabama to be used in
conjunction with the program administered by the Alabama
Department of Agriculture and Industries: Provided further, That
of the funds made available by this section, the Secretary shall
transfer not more than $300,000 to the State of Montana for
transportation needs associated with emergency haying and
feeding: Provided further, That of the funds made available by
this section, the Secretary shall use not more than $2,000,000
to carry out a program for income losses sustained before April
30, 2001, by individuals who raise poultry owned by other
individuals as a result of Poult Enteritis Mortality Syndrome
control programs, as determined by the Secretary'' after
``American Indian Livestock Feed Program'';
(6) In section 815(d)(3), by inserting ``affected'' after
``all'';
[[Page 114 STAT. 2763A-172]]
(7) In section 830, by striking ``section 401'' and
inserting ``title IV''.
(8) In section 843, by striking ``were unable to market the
crops'' and all that follows through ``in this section:'' and
inserting ``suffered a loss because of the insolvency of an
agriculture cooperative in the State of California: Provided,
That the amount of a payment made to a producer under this
section shall not exceed 50 percent of the loss referred to in
this section:'';
(9) In section 844--
(A) in the section heading, by inserting ``, FLUE-
CURED, AND CIGAR BINDER TYPE 54-55'' after ``BURLEY'';
and
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by inserting ``, without further
cost to the association,'' after
``settle''; and
(II) by inserting ``, Flue-cured, or
Cigar Binder Type 54-55'' after
``Burley'' each place it appears;
(ii) in paragraph (2)(B), by inserting ``,
Flue-cured, Cigar Binder Type 54-55,'' after
``Burley''; and
(iii) in paragraph (3), by striking
subparagraph (A) and inserting the following:
``(A) counted for the purpose of determining the
Burley, Flue-cured, or Cigar Binder Type 54-55 tobacco
quota or allotment for any year under part I of subtitle
B of title III of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1311 et seq.); or'';
(10) Notwithstanding any other provision of law, section
204(b)(10)(B) of Public Law 106-224 shall not be effective until
July 1, 2001; and
(11) The effective date of this section is the date of
enactment of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001.
Sec. 102. The second sentence of section 520 of the Housing Act of
1949 (42 U.S.C. 1490) is amended by striking ``1990 decennial census''
and inserting ``1990 or 2000 decennial census'', and by striking ``year
2000'' and inserting ``year 2010''.
Sec. 103. The Secretary of Agriculture, in collaboration with the
Secretaries of Energy and Interior, shall undertake a study of the
feasibility of including ethanol, biodiesel, and other bio-based fuels
as part of the Strategic Petroleum Reserve. This study shall include a
review of legislative and regulatory changes needed to allow this
inclusion, and those elements necessary to design and implement such a
program, including cost. The Secretary shall provide this study to the
House and Senate Appropriations Committees by February 15, 2001.
Sec. 104. Notwithstanding section 730 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2000 (Public Law 106-78), the City of Wilson, North
Carolina, shall be eligible in fiscal year 2001 for the community
facility loan guarantee program under section 306(a)(1) of the
Consolidated Farm and Rural Development Act.
Sec. 105. Title VIII of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001, is
amended by inserting at the end the following new section:
[[Page 114 STAT. 2763A-173]]
``Sec. 778. Notwithstanding section 723 of this Act or any other
provision of law, there are hereby appropriated $26,000,000, to remain
available until expended, for the program authorized under section 334
of the Federal Agriculture Improvement and Reform Act of 1996: Provided,
That the entire amount shall be available only to the extent an official
budget request for $26,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.''.
Sec. 106. In carrying out the bovine tuberculosis eradication
program covered by the Secretary of Agriculture's emergency declaration
effective as of October 11, 2000, the Secretary of Agriculture shall pay
100 percent of the amounts of approved claims for materials affected by
or exposed to bovine tuberculosis, and of approved claims growing out of
the destruction of animals: Provided, That in calculating the net
present value of the future income portion of any claim, the Secretary
shall use a discount rate of 7 percent: Provided further, That the
entire amount necessary to carry out this section shall be available
only to the extent that an official budget request for the entire
amount, that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
Sec. 107. Section 820(b) of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2001,
is amended by striking ``of 1996'' and inserting the following: ``of
1996, and for the Farmland Protection Program established under section
388 of the Federal Agriculture Improvement and Reform Act of 1996''.
Sec. 108. For an additional amount for the United States Department
of Agriculture, Office of the General Counsel, $500,000: Provided, That
the entire amount shall be available only to the extent an official
budget request for $500,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 109. For an additional amount for Grain Inspection, Packers and
Stockyards Administration, Salaries and Expenses, $200,000: Provided,
That the entire amount shall be available only to the extent an official
budget request for $200,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 110. Notwithstanding any other provision of law, the Natural
Resources Conservation Service may provide financial and
[[Page 114 STAT. 2763A-174]]
technical assistance to the Hamakua Ditch project in Hawaii from funds
available for the Emergency Watershed Program, not to exceed $3,000,000.
CHAPTER 2
DEPARTMENT OF JUSTICE
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $500,000, to
remain available until expended: Provided, That these funds are to be
expended by the National Institute of Corrections (NIC) for a
comprehensive assessment of medical care and incidents of inmate
mortality in the Wisconsin State Prison System.
Office of Justice Programs
justice assistance
For an additional amount for ``Justice Assistance'', $300,000, to
remain available until expended: Provided, That these funds are to be
expended to expand the collection of data on prisoner deaths while in
law enforcement custody.
community oriented policing services
For an additional amount for ``Community Oriented Policing
Services'', $3,080,000, to remain available until expended, of which
$1,880,000 shall be for a grant to the Pasadena, California, Police
Department for equipment; of which $200,000 shall be for a grant to the
City of Signal Hill, California, for equipment and technology for an
emergency operations center; and of which $1,000,000 shall be for a
grant to the State of Alabama Department of Forensic Sciences for
equipment.
juvenile justice programs
For an additional amount for ``Juvenile Justice Programs'',
$1,000,000, to remain available until expended, for a grant to Mobile
County, Alabama, for a juvenile court network program.
General Provisions
Sec. 201. Chapter 2 of title II of division B of Public Law 106-246
(114 Stat. 542) is amended in the matter immediately under the first
heading--
(1) by inserting, ``(or the State, in the case of New Mexico)''
before ``only''; and
(2) by inserting, ``detention costs,'' after ``court costs,''.
Sec. 202. For an additional amount under the heading ``United States
Attorneys, Salaries and Expenses'' in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2001, $10,000,000 for the State of Texas and $2,000,000 for the
State of Arizona, to reimburse county and municipal governments only for
Federal costs associated with the handling and processing of illegal
immigration and drug and alien smuggling
[[Page 114 STAT. 2763A-175]]
cases, such reimbursements being limited to court costs, detention
costs, courtroom technology, the building of holding spaces,
administrative staff, and indigent defense costs.
Sec. 203. In addition to amounts appropriated under the heading
``State and Local Law Enforcement Assistance, Office of Justice
Programs'' in the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001, $9,000,000 is
for an award to the Alliance of Boys & Girls of South Carolina for the
establishment of the Strom Thurmond Boys & Girls Club National Training
Center.
Sec. 204. In addition to any amounts made available for ``State and
Local Law Enforcement Assistance'' within the Department of Justice,
$500,000 shall be made available only for the New Hampshire Department
of Safety to investigate and support the prosecution of violations of
Federal trucking laws.
Sec. 205. In addition to other amounts made available for the COPS
technology program of the Department of Justice, $4,000,000 shall be
available to the State of South Dakota to establish a regional radio
system to facilitate communications between Federal, State, and local
law enforcement agencies, firefighting agencies, and other emergency
services agencies.
DEPARTMENT OF COMMERCE
Economic and Statistical Analysis
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $200,000, to
remain available until expended, for the establishment of satellite
accounts for the travel and tourism industry.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $750,000, to remain available until expended, for a study
by the National Academy of Sciences pursuant to H.R. 2090, as passed by
the House of Representatives on September 12, 2000.
General Provisions
Sec. 206. The Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001, as enacted by
section 1(a)(2) of the Act entitled ``An Act making appropriations for
the government of the District of Columbia and other activities
chargeable in whole or in part against revenues of said District for the
fiscal year ending September 30, 2001, and for other purposes'' is
amended by inserting before the period at the end of the paragraph under
the heading ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities'' the following new proviso: ``:
Provided further, That, of the amounts made available for the National
Marine Fisheries Service under this heading, $10,000,000 shall be
available only for research regarding litigation concerning the Alaska
Steller sea lion and Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries, of which $6,000,000 shall be available only for
the Office of Oceanic
[[Page 114 STAT. 2763A-176]]
and Atmospheric Research to study the impact of ocean climate shifts on
the North Pacific and Bering Sea fish and marine mammal species
composition, of which $2,000,000 shall be available only for the
National Ocean Service to study predator/prey relationships as they
relate to the decline of the western population of Steller sea lions,
and of which $2,000,000 shall be available only for the North Pacific
Fishery Management Council for an independent analysis of Steller sea
lion science and other work related to such litigation''.
Sec. 207. (a) In addition to amounts appropriated or otherwise made
available under the heading ``Operations, Research, and Facilities,
National Oceanic and Atmospheric Administration'' in the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001, $7,500,000 is appropriated for disaster
assistance for communities affected by the 2000 western Alaska salmon
disaster for which the Secretary of Commerce declared a fishery failure
under section 312(a) of the Magnuson Stevens Fisheries Conservation and
Management Act.
(b) Funds appropriated by this section shall be made available as
direct lump sum payments no later than 30 days after the date of
enactment of this Act, as follows: $3,500,000 to the Tanana Chiefs
Conference, $3,500,000 to the Association of Village Council Presidents,
and $500,000 to Kawerak.
(c) Such funds shall be used to provide personal assistance with
priority given to: (1) food; (2) energy needs; (3) housing assistance;
(4) transportation fuel including for subsistence activities; and (5)
other urgent community needs.
(d) Not more than 5 percent of such funds may be used for
administrative expenses.
(e) The President of the Tanana Chiefs Conference, the President of
the Association of Village Council Presidents, and the President of
Kawerak shall disburse all funds no later than May 1, 2000 and shall
submit a report to the Secretary of Commerce detailing the expenditure
of funds, including the number of persons and households served and the
amount of administrative costs, by the end of the fiscal year.
Sec. 208. In addition to amounts appropriated or otherwise made
available by this or any other Act, $3,000,000 is appropriated to enable
the Secretary of Commerce to provide economic assistance to fishermen
and fishing communities affected by Federal closures and fishing
restrictions in the Hawaii long line fishery, to remain available until
expended.
Sec. 209. Implementation of Steller Sea Lion Protective Measures.--
(a) Findings.--The Congress finds that--
(1) the western population of Steller sea lions has
substantially declined over the last 25 years.
(2) scientists should closely research and analyze all
possible factors relating to such decline, including the
possible interactions between commercial fishing and Steller sea
lions and the localized depletion hypothesis;
(3) the authority to manage commercial fisheries in Federal
waters lies with the regional councils and the Secretary of
Commerce (hereafter in this section ``Secretary'') pursuant to
the Magnuson-Stevens Fishery Conservation and Management Act
(hereafter in this section ``Magnuson-Stevens Act''); and
[[Page 114 STAT. 2763A-177]]
(4) the Secretary of Commerce shall comply with the
Magnuson-Stevens Act when using fishery management plans and
regulations to implement the decisions made pursuant to findings
under the Endangered Species Act, and shall utilize the
processes and procedures of the regional fishery management
councils as required by the Magnuson-Stevens Act.
(b) Independent Scientific Review.--The North Pacific Fishery
Management Council (hereafter in this section ``North Pacific Council)
shall utilize the expertise of the National Academy of Sciences to
conduct an independent scientific review of the November 30, 2000
Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of
Alaska groundfish fisheries (hereafter in this section ``Biological
Opinion''), its underlying hypothesis, and the Reasonable and Prudent
Alternatives (hereafter in this section ``Alternatives'') contained
therein. The Secretary shall cooperate with the independent scientific
review, and the National Academy of Sciences is requested to give its
highest priority to this review.
(c) Preparation of Fishery Management Plans and Regulations To
Implement Protective Measures in the November 30, 2000 Biological
Opinion.--
(1) The Secretary of Commerce shall submit to the North
Pacific Council proposed conservation and management measures to
implement the Alternatives contained in the November 30, 2000
Biological Opinion for the Bering Sea/Aleutian Islands and Gulf
of Alaska groundfish fisheries. The North Pacific Council shall
prepare and transmit to the Secretary a fishery management plan
amendment or amendments to implement such Alternatives that are
consistent with the Magnuson-Stevens Act (including requirements
in such Act relating to best available science, bycatch
reduction, impacting on fishing communities, the safety of life
at sea, and public comment and hearings.)
(2) The Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in a manner consistent
with the Alternatives contained in the Biological Opinion,
except as otherwise provided in this section. The Alternatives
shall become fully effective no later than January 1, 2002, as
revised if necessary and appropriate based on the independent
scientific review referred to in subsection (b) and other new
information, and shall be phased in in 2001 as described in
paragraph (3).
(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in accordance with the
fishery management plan and Federal regulations in effect for
such fisheries prior to July 15, 2000, including--
(A) conservative total allowable catch levels;
(B) no entry zones within three miles of rookeries;
(C) restricted harvest levels near rookeries and
haul-outs;
(D) federally-trained observers;
(E) spatial and temporal harvest restrictions;
(F) federally-mandated bycatch reduction programs;
and
(G) additional conservation benefits provided
through cooperative fishing arrangements,
and said regulations are hereby restored to full force and
effect.
[[Page 114 STAT. 2763A-178]]
(4) The Secretary shall amend these regulations by January
20, 2001, after consultation with the North Pacific Council and
in a manner consistent with all law, including the Magnuson-
Stevens Act, and consistent with the Alternatives to the maximum
extent practicable, subject to the other provisions of this
subsection.
(5) The harvest reduction requirement (``Global Control
Rule'') shall take effect immediately in any 2001 groundfish
fishery in which it applies, but shall not cause a reduction in
the total allowable catch of any fishery of more than 10
percent.
(6) In enforcing regulations for the 2001 fisheries, the
Secretary, upon recommendation of the North Pacific Council, may
open critical habitat where needed, adjust seasonal catch
levels, and take other measures as needed to ensure that harvest
levels are sufficient to provide income from these fisheries for
small boats and Alaskan on-shore processors that is no less than
in 1999.
(7) The regulations that are promulgated pursuant to
paragraph (4) shall not be modified in any way other than upon
recommendation of the North Pacific Council, before March 15,
2001.
(d) Sea Lion Protection Measures.--$20,000,000 is hereby
appropriated to the Secretary of Commerce to remain available until
expended to develop and implement a coordinated, comprehensive research
and recovery program for the Steller sea lion, which shall be designed
to study--
(1) available prey species;
(2) predator/prey relationships;
(3) predation by other marine mammals;
(4) interactions between fisheries and Steller sea lions,
including the localized depletion theory;
(5) regime shift, climate change, and other impacts
associated with changing environmental conditions in the North
Pacific and Bering Sea;
(6) disease;
(7) juvenile and pup survival rates;
(8) population counts;
(9) nutritional stress;
(10) foreign commercial harvest of sealions outside the
exclusive economic zone;
(11) the residual impacts of former government-authorized
Steller sea lion eradication bounty programs; and
(12) the residual impacts of intentional lethal takes of
Steller sea lions.
Within available funds the Secretary shall implement on a pilot basis
innovative non-lethal measures to protect Steller sea lions from marine
mammal predators including killer whales.
(e) Economic Disaster Relief.--$30,000,000 is hereby appropriated to
the Secretary of Commerce to make available as a direct payment to the
Southwest Alaska Municipal Conference to distribute to fishing
communities, businesses, community development quota groups,
individuals, and other entities to mitigate the economic losses caused
by Steller sea lion protection measures heretofore incurred; provided
that the President of such organization shall provide a written report
to the Secretary and the House
[[Page 114 STAT. 2763A-179]]
and Senate Appropriations Committee within 6 months of receipt of these
funds.
DEPARTMENT OF STATE AND RELATED AGENCY
General Provisions
Sec. 210. In addition to any amounts made available for
``Educational and Cultural Exchange Programs within the Department of
State'', $500,000 shall be made available only for the Irish Institute.
Sec. 211. In addition to amounts appropriated under the heading
``International Broadcasting Operations, Broadcasting Board of
Governors'' in the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001, $10,000,000 to
remain available until expended, for increased broadcasting to Russia
and surrounding areas, and to China, by Radio Free Europe/Radio Liberty,
Radio Free Asia, and the Voice of America: Provided, That any amount of
such funds may be transferred to the ``Broadcasting Capital
Improvements'' account to carry out such purposes.
RELATED AGENCIES
Commission on Online Child Protection
For necessary expenses of the Commission on Online Child Protection,
$750,000, to remain available until expended.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,000,000
shall be available for a grant to the Electronic Commerce Resource
Center in Scranton, Pennsylvania, to establish an electronic commerce
technology distribution center.
General Provision
Sec. 212. For an additional amount for ``Small Business
Administration, Salaries and Expenses'', $1,000,000 shall be made
available only for a grant to the National Museum of Jazz in New York,
New York.
GENERAL PROVISION--THIS CHAPTER
Sec. 213. (a) The provisions of H.R. 5548 (as enacted into law by
H.R. 4942 of the 106th Congress) are amended as follows:
(1) In title I, under the heading ``Salaries and Expenses,
United States Marshals Service'', by striking ``3,947'' and
inserting ``4,034''.
(2) In title I, by redesignating sections 114 through 119 as
sections 113 through 118, respectively.
(3) In title II, under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'', by striking ``$31,439,000'' and inserting
``$32,054,000''.
(4) In title II, under the heading ``National Oceanic and
Atmospheric Administration--Coastal and Ocean Activities''--
[[Page 114 STAT. 2763A-180]]
(A) by striking ``non-contiguous States except
Hawaii'' and inserting ``Alaska'';
(B) by striking ``Inc,'' and inserting ``Inc.,'';
(C) by striking ``scrup;'' and inserting ``scrub;'';
and
(D) by striking ``watershed for lower Rouge River
restoration:'' and inserting ``watershed:''.
(5) In title IV, by striking section 406 and by
redesignating sections 407 and 408 as sections 406 and 407,
respectively.
(6) In title VI, by striking sections 635 and 636.
(7) In title IX, in the first proviso of section 901, by
striking ``, territory or an Indian Tribe'' and inserting ``or
territory''.
(b) The amendments made by this section shall take effect as if
included in H.R. 4942 of the 106th Congress on the date of its
enactment.
CHAPTER 3
DEPARTMENT OF DEFENSE
General Provisions--This Chapter
Sec. 301. In the event that award of the full funding contract for
low-rate initial production of the F-22 aircraft is delayed beyond
December 31, 2000 because of inability to complete the requirements
specified in section 8124 of the Department of Defense Appropriations
Act, 2001 (Public Law 106-259), the Secretary of the Air Force may
obligate up to $353,000,000 of the funds appropriated in title III of
Public Law 106-259 to continue F-22 Lot 1 (10 aircraft) advance
procurement to protect the supplier base and preserve program costs and
schedule.
Sec. 302. (a) Consistent with Executive Order Number 1733, dated
March 3, 1913, and notwithstanding section 303 of the Alaska National
Interest Lands Conservation Act, Public Law 96-487, or any other law,
the Department of the Air Force shall have primary jurisdiction,
custody, and control over Shemya Island and its appurtenant waters
(including submerged lands). In exercising such primary jurisdiction,
custody, and control, the Secretary of the Air Force may utilize and
apply such authorities as are generally applicable to a military
installation, base, camp, post, or station. Shemya Island and its
appurtenant waters (including submerged lands) shall continue to be
included within the Alaska Maritime National Wildlife Refuge and the
National Wildlife Refuge System and the Secretary of the Interior shall
have jurisdiction secondary to that of the Department of the Air Force.
Nothing in this section shall prohibit the transfer of jurisdiction,
custody, and control over Shemya Island by the Department of the Air
Force to another military department. In the event the military
department exercising such primary jurisdiction, custody, and control no
longer has a need to exercise such primary jurisdiction, custody, and
control of Shemya Island and its appurtenant waters (including submerged
lands), such jurisdiction, custody, and control shall terminate and the
Secretary of the Interior shall then exercise sole jurisdiction,
custody, and control over Shemya Island and its appurtenant waters
(including submerged lands) as part of the Alaska Maritime National
Wildlife Refuge.
(b) Any environmental contamination of Shemya Island caused by a
military department shall be the responsibility of that military
[[Page 114 STAT. 2763A-181]]
department and not the responsibility of the Department of the Interior.
Any money rentals received by a military department from outgrants on
Shemya Island will be applied to the environmental restoration of the
island in accordance with 10 U.S.C. 2667.
(c) This section shall not be construed as altering any existing
property rights of the State of Alaska or any private person.
(d) The military department exercising primary jurisdiction,
custody, and control over Shemya Island shall, consistent with the
accomplishment of the military mission and subject to section 21 of the
Internal Security Act of 1950, Public Law 81-831 (50 U.S.C. 797) (also
known as the Subversive Activities Control Act of 1950)--
(1) work with the United States Fish and Wildlife Service to
protect and conserve the wildlife and habitat on the island; and
(2) grant access to Shemya Island and its appurtenant waters
to the United States Fish and Wildlife Service for the purpose
of management of the Alaska Maritime National Wildlife Refuge.
Sec. 303. Within the funds appropriated for the Patriot PAC-3
program under title III of the Department of Defense Appropriations Act,
2001 (Public Law 106-259), the Ballistic Missile Defense Organization
shall procure no less than 40 PAC-3 missiles.
Sec. 304. Section 8133 of Public Law 106-259 (114 Stat. 703) is
amended by striking ``$300,000,000'' in the first proviso and inserting
``$550,000,000''.
(transfer of funds)
Sec. 305. Of the total amount appropriated by title II of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259) for
operation and maintenance for the Armed Force or Armed Forces under the
jurisdiction of the Secretary of a military department, the Secretary of
that military department may transfer up to $2,000,000 to the central
fund established by the Secretary under section 2493(d) of title 10,
United States Code, for funding Fisher Houses and Fisher Suites. Amounts
so transferred shall be merged with other amounts in the central fund to
which transferred and shall be available without fiscal year limitation
for the purposes for which amounts in that fund are available.
Sec. 306. Funding for Certain Costs of Vessel Transfers. There is
hereby appropriated into the Defense Vessels Transfer Program Account
such sums as may be necessary for the costs (as defined in section 502
of the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of the lease-
sale transfers authorized by the National Defense Authorization Act,
2001. Funds in that account are available only for the purpose of
covering those costs.
Sec. 307. Of the total amount appropriated by title IV of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259)
under the heading ``Research, Development, Test and Evaluation, Defense-
Wide'', not less than $5,000,000 shall be made available only for
support of a Gulf War illness research program at the University of
Texas Southwestern Medical Center.
(including transfer of funds)
Sec. 308. In addition to amounts appropriated for the Department of
Defense in the Department of Defense Appropriations Act,
[[Page 114 STAT. 2763A-182]]
2001 (Public Law 106-259), $150,000,000 is hereby appropriated for
``Operation and Maintenance, Navy'' and shall remain available until
expended, only for costs associated with the repair of the U.S.S. COLE:
Provided, That the Secretary of Defense may transfer these funds to
appropriations accounts for procurement: Provided further, That the
funds transferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appropriation to
which transferred: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
welfare of the crew, and of the families of the crew, of the U.S.S. COLE
shall be considered in the Navy's selection of the process and location
for the repair of the U.S.S. COLE: Provided further, That the entire
amount made available in this section is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Sec. 309. Notwithstanding any other provision of law, the
Administrator of the General Services Administration may utilize funds
available to the National Science and Technology Council (authorized by
Executive Order No. 12881), or any successor entity to the council,
under section 635 of the Treasury and General Government Appropriations
Act, 2001, for payment of any expenses of, and shall ensure that
administrative services, facilities, staff and other support are
provided for, the Commission on the Future of the United States
Aerospace Industry pursuant to section 1092(e)(1) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted by
section 1 of the Act to authorize appropriations for fiscal year 2001
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy, to
prescribe personnel strengths for such fiscal year for the Armed Forces,
and for other purposes).
Sec. 310. In addition to funds provided elsewhere in this Act, or in
the Department of Defense Appropriations Act, 2001 (Public Law 106-259),
$2,000,000 is hereby appropriated to ``Operation and Maintenance, Marine
Corps'', only for planning and National Environmental Protection Act
documentation for the proposed airfield and heliport at the Marine Corps
Air Ground Task Force Training Command.
(transfer of funds)
Sec. 311. Of the funds made available in the Department of Defense
Appropriations Act, 2001 (Public Law 106-259), the Secretary of the Air
Force shall transfer $5,000,000 of the funds provided for ``Operation
and Maintenance, Air Force'' to the Secretary of the Interior for
maintenance, protection, or preservation of the land and interests in
land described in section 3 of the Minuteman Missile National Historic
Site Establishment Act of 1999 (Public Law 106-115; 113 Stat. 1540):
Provided, That the transfer authority provided in this section is in
addition to any other transfer authority available to the Department of
Defense for fiscal year 2001.
Sec. 312. (a) The Secretary of the Air Force is authorized to convey
to the Roosevelt General Hospital, Portales, New Mexico, without
consideration, and without regard to title II of the Federal Property
and Administrative Services Act of 1949, all right, title,
[[Page 114 STAT. 2763A-183]]
and interest of the United States in any personal property of the Air
Force that the Secretary determines--
(1) is appropriate for use by the Roosevelt General Hospital
in the operation of that hospital; and
(2) is excess to the needs of the Air Force.
(b) The Secretary may require any additional terms and conditions in
connection with any conveyance under subsection (a) that the Secretary
considers appropriate to protect the interests of the United States.
(including transfer of funds)
Sec. 313. In addition to amounts appropriated for the Department of
Defense in the Department of Defense Appropriations Act, 2001 (Public
Law 106-259), $100,000,000 is hereby appropriated for ``Overseas
Contingency Operations Transfer Fund'' and shall remain available until
expended: Provided, That the Secretary of Defense may transfer the funds
provided herein only to appropriations for military personnel; operation
and maintenance; procurement; research, development, test and
evaluation; and working capital funds: Provided further, That the funds
transferred shall be merged with and shall be available for the same
purposes and for the same time period, as the appropriation to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
contained elsewhere in this Act: Provided further, That funds
appropriated by this section, or made available by the transfer of funds
in this section, for intelligence activities are deemed to be
specifically authorized by the Congress for the purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2001: Provided further, That the entire amount made available in this
section is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Sec. 314. Of the total amount appropriated by title IV of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259)
under the heading ``Research, Development, Test and Evaluation, Navy'',
up to $3,000,000 shall be made available to the Marine Corps to pursue
research in Nanotechnology for Consequence Management.
Sec. 315. Of the total amount appropriated by title IV of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259)
under the heading ``Research, Development, Test and Evaluation, Army'',
not less than $1,500,000 shall be made available only for installation
of the Medical Area Network for Virtual Technologies at Fort Detrick and
Walter Reed Army Hospital, and not less than $1,000,000 shall be made
available only to conduct a pilot study to determine the feasibility of
establishing a Department of Defense Information Analysis Center for
telemedicine.
Sec. 316. The Secretary of the Navy shall acquire 50 acres of real
property located on Reed Island, along the south shore of the St. John's
River across from Blount Island Command, Jacksonville, Florida. The
Secretary of the Navy shall pay not more than the fair market value of
the property, to be determined pursuant to an appraisal acceptable to
the Secretary of the Navy;
[[Page 114 STAT. 2763A-184]]
but in no case shall the price exceed $4,200,000: Provided, That the
exact acreage and legal description of the real property to be acquired
pursuant to this section shall be determined by a survey satisfactory to
the Secretary of the Navy: Provided further, That the Secretary of the
Navy may require such additional terms and conditions in connection with
the land acquisition pursuant to this section as the Secretary considers
appropriate to protect the interests of the United States.
Sec. 317. Of the total amount appropriated by title IV of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259)
under the heading ``Research, Development, Test, and Evaluation, Navy''
the Secretary of the Navy may establish Marine Fire Training Centers at
the Marine and Environmental Research and Training Station and Barbers
Point by grants or contracts.
Sec. 318. Notwithstanding any other provision of law, and
notwithstanding the provisions in section 7306 of title 10, United
States Code, of the funds provided in the Department of Defense
Appropriations Act, 2001 (Public Law 106-259) for ``Operation and
Maintenance, Navy'', $750,000 shall be available only for repair of ex-
Turner Joy.
Sec. 319. In addition to amounts appropriated or otherwise made
available for the Department of Defense elsewhere in this Act or in the
Department of Defense Appropriations Act, 2001 (Public Law 106-259),
$2,000,000 is hereby appropriated under the heading ``Operation and
Maintenance, Defense-Wide'', to remain available for obligation until
September 30, 2001, only for the Defense Imagery and Mapping Agency
Program.
Sec. 320. None of the funds available in the Department of Defense
Appropriations Act, 2001 (Public Law 106-259) shall be used to
consolidate or incorporate Air Force radar operations maintenance and
support programs or contracts into an Air Force SENSOR or a similar
acquisition program.
Sec. 321. In addition to amounts appropriated elsewhere in this Act,
or in the Department of Defense Appropriations Act, 2001 (Public Law
106-259), $1,000,000 is hereby appropriated to ``Research, Development,
Test and Evaluation, Air Force'', only to develop rapid diagnostic and
fingerprinting techniques along with molecular monitoring systems for
the detection of nosocomial infections.
Sec. 322. Of the total amount appropriated by title IV of the
Department of Defense Appropriations Act, 2001 (Public Law 106-259)
under the heading ``Research, Development, Test and Evaluation, Navy'',
$1,500,000 shall be made available by grant or contract only to the
California Central Coast Research Partnership (C3RP).
Sec. 323. Fort Irwin National Training Center Expansion. (a)
Findings.--Congress makes the following findings:
(1) The National Training Center at Fort Irwin, California,
is the only instrumented training area in the world suitable for
live fire training of heavy brigade-sized military forces and
thus provides the Army with essential training opportunities
necessary to maintain and improve military readiness and promote
national security.
(2) The National Training Center must be expanded to meet
the critical need of the Army for additional training lands
suitable for the maneuver of large numbers of military personnel
and equipment, which is necessitated by advances
[[Page 114 STAT. 2763A-185]]
in equipment, by doctrinal changes, and by Force XXI doctrinal
experimentation requirements.
(3) The lands being considered for expansion of the National
Training Center are home to the desert tortoise and other
species that are protected under the Endangered Species Act of
1973, and the Secretary of Defense and the Secretary of the
Interior, in developing a plan for expansion of the National
Training Center, must provide for such expansion in a manner
that complies with the Endangered Species Act of 1973, the
National Environmental Policy Act of 1969, and other applicable
laws.
(4) In order for the expansion of the National Training
Center to be implemented on an expedited basis, the Secretaries
should proceed without delay to define with specificity the key
elements of the expansion plan, including obtaining early input
regarding national security requirements, Endangered Species Act
of 1973 compliance and mitigation, and National Environmental
Policy Act of 1969 compliance.
(b) Purpose.--The purpose of this section is to expedite the
expansion of the National Training Center at Fort Irwin, California, in
a manner that is fully compliant with environmental laws.
(c) Preparation of Proposed Expansion Plan.--
(1) Preparation required.--The Secretary of the Army and the
Secretary of the Interior (in this section referred to as the
``Secretaries'') shall jointly prepare a proposed plan for the
expansion of the National Training Center at Fort Irwin,
California.
(2) Submission and availability.--The plan required by
paragraph (1) (in this section referred to as the ``proposed
expansion plan'') shall be completed not later than 120 days
after the date of the enactment of this Act. When completed, the
Secretaries shall make the proposed expansion plan available to
the public and shall publish in the Federal Register a ``notice
of availability'' concerning the proposed expansion plan.
(d) Key Elements of Proposed Expansion Plan.--
(1) Joint report.--Not later than 45 days after the date of
the enactment of this Act, the Secretaries shall submit to
Congress a joint report that identifies the key elements of the
proposed expansion plan.
(2) Lands withdrawal and reservation.--The proposed
expansion plan shall include the withdrawal and reservation of
an appropriate amount of public lands for--
(A) the conduct of combined arms military training
at the National Training Center;
(B) the development and testing of military
equipment at the National Training Center;
(C) other defense-related purposes; and
(D) conservation and research purposes.
(3) Conservation measures.--The proposed expansion plan
shall also include a general description of conservation
measures, anticipated to cost approximately $75,000,000, that
may be necessary and appropriate to protect and promote the
conservation of the desert tortoise and other endangered or
threatened species and their critical habitats in designated
wildlife management areas in the West Mojave Desert. The
conservation measures may include--
[[Page 114 STAT. 2763A-186]]
(A) the establishment of one or more research
natural areas, which may include lands both within and
outside the National Training Center;
(B) the acquisition of private and State lands
within the wildlife management areas in the West Mojave
Desert;
(C) the construction of barriers, fences, and other
structures that would promote the conservation of
endangered or threatened species and their critical
habitats;
(D) the funding of research studies; and
(E) other conservation measures.
(d) Preliminary Review of Expansion Plan.--
(1) Review required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the United States
Fish and Wildlife Service shall submit to the Secretaries a
preliminary review of the proposed expansion plan (as developed
as of that date). In the preliminary review, the Director shall
identify, with as much specificity as possible, an approach for
implementing the proposed expansion plan consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(2) Relation to formal review.--The preliminary review under
paragraph (1) shall not constitute a formal consultation under
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536), but shall be used to assist the Secretaries in more
precisely defining the nature and scope of an expansion plan for
the National Training Center that is likely to satisfy
requirements of the Endangered Species Act of 1973 and to
expedite the formal consultation process under section 7 of such
Act.
(3) Consideration of preliminary review.--In preparing the
proposed expansion plan, the Secretaries shall take into account
the content of the preliminary review by the Director of the
United States Fish and Wildlife Service under paragraph (1).
(e) Draft Legislation.--The Secretaries shall submit to Congress
with the proposed expansion plan a draft of proposed legislation
providing for the withdrawal and reservation of public lands for the
expansion of the National Training Center. It is the sense of the
Congress that the proposed legislation should contain a provision that,
if enacted, would prohibit ground-disturbing military use of the land to
be withdrawn and reserved by the legislation until the Secretaries have
certified that there has been full compliance with the appropriate
provisions of the legislation, the Endangered Species Act of 1973, the
National Environmental Policy Act of 1969, and other applicable laws.
(f ) Consultation Under Endangered Species Act of 1973.--The
Secretaries shall initiate the formal consultation required under
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with
respect to expansion of the National Training Center as soon as
practicable and shall complete such consultation not later than 2 years
after the date of the enactment of this Act.
(g) Environmental Review.--Not later than 6 months following
completion of the formal consultation required under section 7 of the
Endangered Species Act of 1973 with respect to expansion of the National
Training Center, the Secretaries shall complete any analysis required
under the National Environmental Policy Act of 1969 with respect to the
proposed expansion of the National Training Center. The analysis shall
be coordinated, to the extent
[[Page 114 STAT. 2763A-187]]
practicable and appropriate, with the review of the West Mojave
Coordinated Management Plan that, as of the date of the enactment of
this Act, is being undertaken by the Bureau of Land Management.
(h) Funding.--
(1) Implementation of conservation measures.--There are
authorized to be appropriated $75,000,000 to the Secretary of
the Army for the implementation of conservation measures
necessary for the final expansion plan for the National Training
Center to comply with the Endangered Species Act of 1973.
(2) Implementation of section.--The amounts of $2,500,000
for ``Operation and Maintenance, Army'' and $2,500,000 for
``Management of Lands and Resources, Bureau of Land Management''
are hereby appropriated to the Secretary of the Army and the
Secretary of the Interior, respectively, only to undertake and
complete on an expedited basis the activities specified in this
section.
CHAPTER 4
DISTRICT OF COLUMBIA FEDERAL FUNDS
Federal Payment to the District of Columbia Courts
For an additional amount for the District of Columbia courts for
capital repairs necessitated by the recent fire damage to the courthouse
facilities, $350,000, to remain available until September 30, 2002, and
for an additional amount for such repairs for the Superior Court of the
District of Columbia, $50,000: Provided, That after providing notice to
the Committees on Appropriations of the Senate and House of
Representatives, the District of Columbia courts may reallocate not more
than $1,000,000 of the funds provided under this heading under the
District of Columbia Appropriations Act, 2001, among the items and
entities funded under such heading for the costs of such repairs.
General Provisions--This Chapter
Sec. 401. (a) Section 106(b) of the District of Columbia Public
Works Act of 1954 (sec. 43-1552(b), D.C. Code), as amended by section
133 of the District of Columbia Appropriations Act, 1990, is amended--
(1) in the third sentence of paragraph (1), by striking
``United States Treasury and'' and all that follows through ``by
the''; and
(2) by adding at the end the following new paragraph:
``(5) Not later than the 15th day of the month following each
quarter (beginning with the first quarter of fiscal year 2001), the
inspector general of each Federal department, establishment, or agency
receiving water services from the District of Columbia shall submit a
report to the Committees on Appropriations of the House of
Representatives and Senate analyzing the promptness of payment with
respect to the services furnished to such department, establishment, or
agency.''.
(b) Section 212(b) of the District of Columbia Public Works Act of
1954 (sec. 43-1612(b), D.C. Code), as amended by section 133 of the
District of Columbia Appropriations Act, 1990, is amended--
[[Page 114 STAT. 2763A-188]]
(1) in the third sentence of paragraph (1), by striking
``United States Treasury and'' and all that follows through ``by
the''; and
(2) by adding at the end the following new paragraph:
``(5) Not later than the 15th day of the month following each
quarter (beginning with the first quarter of fiscal year 2001), the
inspector general of each Federal department, establishment, or agency
receiving sanitary sewer services from the District of Columbia shall
submit a report to the Committees on Appropriations of the House of
Representatives and Senate analyzing the promptness of payment with
respect to the services furnished to such department, establishment, or
agency.''.
(c) The amendments made by this section shall take effect as if
included in the enactment of section 133 of the District of Columbia
Appropriations Act, 1990.
Sec. 402. (a) The Act entitled ``An Act donating certain Lots in the
City of Washington for Schools for Colored Children in the District of
Columbia'', approved July 28, 1866 (14 Stat. 343), is amended by
striking the second sentence.
(b) Section 319 of the Revised Statutes of the United States
relating to the District of Columbia and Post Roads (sec. 31-206, D.C.
Code) is repealed.
Sec. 403. Restrictions on Use of Annual Unobligated Balance in D.C.
Crime Victims Compensation Fund. (a) In General.--Section 16(d) of the
Victims of Violent Crime Compensation Act of 1996 (sec. 3-435(d), D.C.
Code), as added by section 160(d) of the District of Columbia
Appropriations Act, 2000, is amended to read as follows:
``(d) Any unobligated balance existing in the Fund in excess of
$250,000 as of the end of each fiscal year (beginning with fiscal year
2000) may be used only in accordance with a plan developed by the
District of Columbia and approved by 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, and not less than 80 percent of such
balance shall be used for direct compensation payments to crime victims
through the Fund under this section and in accordance with this Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect September 30, 2000.
Sec. 404. (a) Notwithstanding any provision of the District of
Columbia Appropriations Act, 2001, the District of Columbia may fund the
programs identified under the heading ``Reserve'' in H.R. 4942, One
Hundred Sixth Congress, as introduced, subject to the conditions
described under such heading and upon certification by the District of
Columbia Financial Responsibility and Management Assistance Authority to
the Committees on Appropriations of the Senate and House of
Representatives that the Chief Financial Officer of the District of
Columbia, the Mayor of the District of Columbia, and the Council of the
District of Columbia have identified and implemented such spending
reductions as may be necessary to ensure that the District of Columbia
will not have a budget deficit for fiscal year 2001.
(b)(1) Notwithstanding any provision of the District of Columbia
Appropriations Act, 2001, the use by the District of the funds described
in paragraph (2) for Pay-As-You-Go Capital Funds shall be optional.
[[Page 114 STAT. 2763A-189]]
(2) The funds described in this paragraph are funds set aside for
the reserve established by section 202( j) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995 (as
amended by section 148 of the District of Columbia Appropriations Act,
2000) which are not used for purposes of any reserve funds established
under the District of Columbia Appropriations Act, 2001, or any
amendments made by such Act.
(c)(1) The Mayor of the District of Columbia shall deposit the
annual interest savings resulting from debt reductions using the
proceeds of the tobacco securitization program into the emergency
reserve fund established under section 450A of the District of Columbia
Home Rule Act (as added by section 159 of the District of Columbia
Appropriations Act, 2001).
(2) This subsection shall apply with respect to fiscal year 2001 and
each succeeding fiscal year until the requirements of section 450A of
the District of Columbia Home Rule Act have been met.
Sec. 405. (a) Notwithstanding any provision of the District of
Columbia Appropriations Act, 2001, quarterly disbursements shall be
calculated and paid to District of Columbia public charter schools
during fiscal year 2001 in accordance with section 107a(b) of the
Uniform Per Student Funding Formula for Public Schools and Public
Charter Schools and Tax Conformity Clarification Amendment Act of 1998
(sec. 31-2906.1(b), D.C. Code), as amended by the Enrollment Integrity
Act.
Sec. 406. (a) The provisions of H.R. 5547 (as enacted into law by
H.R. 4942 of the 106th Congress) are repealed and shall be deemed for
all purposes (including section 1(b) of H.R. 4942) to have never been
enacted.
(b) The repeal made by this section shall take effect as if included
in H.R. 4942 of the 106th Congress on the date of its enactment.
CHAPTER 5
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
general investigations
For an additional amount for ``General Investigations'', $900,000,
to remain available until expended: Provided, That $100,000 shall be
available for a reconnaissance study of shore protection needs at North
Topsail Beach, North Carolina; $100,000 shall be available for a
reconnaissance study for the Passiac County, New Jersey, water
infrastructure project; $100,000 shall be available for a reconnaissance
study of flooding, drainage and other related problems in the Cayuga
Creek Watershed, New York; and $600,000 shall be available for a cost-
shared feasibility study of the restoration of the lower St. Anthony's
Falls natural rapids in Minnesota.
[[Page 114 STAT. 2763A-190]]
construction, general
For an additional amount for ``Construction, General'', $2,750,000,
to remain available until expended: Provided, That $75,000 shall be
available for planning and design of a project to provide for floodplain
evacuation in the watershed of Pond Creek, Kentucky; $100,000 shall be
available for design of recreation and access features at the Louisville
Waterfront Park in Kentucky; $500,000 shall be available for a Limited
Reevaluation Report for the Central Boca Raton segment of the Palm Beach
County, Florida, shore protection project; and $75,000 shall be
available to conduct research on the eradication of Eurasian water
milfoil at Houghton Lake, Michigan: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is authorized and
directed to use $2,000,000 of the funds appropriated herein to initiate
design and construction of the Hawaii Water Management Project,
including Waiahole Ditch on Oahu, Kau Ditch on Maui, Pioneer Mill Ditch
on Hawaii, and the complex system on the west side of Kauai: Provided
further, That the Secretary of the Army may use up to $5,000,000 of
previously appropriated funds to carry out the Abandoned and Inactive
Noncoal Mine Restoration program authorized by section 560 of Public Law
106-53.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For an additional amount for ``Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee'', $3,500,000, to remain available until
expended, for prosecuting work of repair, restoration or maintenance of
the Mississippi River levees, and for the correction of deficiencies in
the mainline Mississippi River levees.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related Resources'',
$2,000,000, to remain available until expended, for construction of the
Mid-Dakota Rural Water System, in addition to amounts made available
under the Energy and Water Appropriations Development Act, 2001.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For an additional amount for ``Energy Supply'', $800,000, to remain
available until expended, for the Prime, LLC, of central South Dakota,
for final engineering and project development of the integrated ethanol
complex, including an ethanol unit, waste treatment system, and enclosed
cattle feed lot.
[[Page 114 STAT. 2763A-191]]
Science
For an additional amount for ``Science'', $1,000,000, to remain
available until expended, for high temperature superconducting research
and development at Boston College.
CHAPTER 6
General Provisions--This Chapter
Sec. 601. Of the funds appropriated under the heading Department of
State, International Narcotics Control and Law Enforcement, in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001, not less than $1,350,000 shall be available
only for the Protection Project to continue its study of international
trafficking, prostitution, slavery, debt bondage, and other abuses of
women and children.
Sec. 602. Embassy Compensation Authority. Funds made available under
the heading ``Other Bilateral Economic Assistance, Economic Support
Fund'' included in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001 (Public Law 106-429) may be made
available, notwithstanding any other provision of law, to provide
payment to the Government of the People's Republic of China for property
loss and damage arising out of the May 7, 1999 incident in Belgrade,
Federal Republic of Yugoslavia.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
land acquisition
For an additional amount for ``Land Acquisition'', $5,000,000, to be
derived from the Land and Water Conservation Fund and to remain
available until expended, to carry out the provisions of title VI of the
Steens Mountain Cooperative Management and Protection Act (Public Law
106-399): Provided, That sums necessary to complete the individual land
exchanges identified under title VI shall be provided within 30 days of
each land exchange.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'', $500,000 for a
grant to the Center for Reproductive Biology at Washington State
University.
multinational species conservation fund
For an additional amount for the ``Multinational Species
Conservation Fund'', $750,000, to remain available until expended, for
Great Ape conservation activities authorized by law.
[[Page 114 STAT. 2763A-192]]
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National Park
System'', $100,000 for completion of studies related to the Arlington
Boathouse in Virginia.
national recreation and preservation
For an additional amount for ``National Recreation and
Preservation'', $1,600,000, to remain available until expended, of which
$500,000 is for the National Constitution Center in Philadelphia,
Pennsylvania and $1,100,000 is for a grant to the Historic New Bridge
Landing Park Commission.
historic preservation fund
For an additional amount for the ``Historic Preservation Fund'',
$100,000 for a grant to the Massillon Heritage Foundation, Inc. in
Massillon, Ohio.
construction
For an additional amount for ``Construction'', $3,500,000, to remain
available until expended, of which $1,500,000 is for the Stones River
National Battlefield and $2,000,000 is for the Millennium Cultural
Cooperative Park.
DEPARTMENT OF ENERGY
Energy Conservation
For an additional amount for ``Energy Conservation'', $300,000, to
remain available until expended, for a grant to the Oak Ridge National
Laboratory/Nevada Test Site Development Corporation for the development
of: (1) cooling, refrigeration, and thermal energy management equipment
capable of using natural gas or hydrogen fuels; and (2) improvement of
the reliability of heat-activated cooling, refrigeration, and thermal
energy management equipment used in combined heating, cooling, and power
applications.
RELATED AGENCY
Woodrow Wilson International Center for Scholars
payment to endowment fund
For payment to the endowment fund of the Woodrow Wilson
International Center for Scholars $5,000,000: Provided, That such funds
may be invested in investments approved by the Board of Trustees of the
Woodrow Wilson International Center for Scholars and the income from
such investments may be used to support the programs of the Center that
the Board of Trustees and the Director of the Center determine
appropriate.
General Provision--This Chapter
Sec. 701. In addition to amounts appropriated in Public Law 106-291
to the Indian Health Service under the heading ``Indian
[[Page 114 STAT. 2763A-193]]
Health Services'', $30,000,000, to remain available until expended, is
appropriated as follows:
(1) $15,000,000 shall be provided to the Alaska Federation
of Natives as a direct lump sum payment within 30 days of
enactment of this Act for its Alaska Native Sobriety and Alcohol
Control Program: Provided, That the President of the Alaska
Federation of Natives shall make grants to each Alaska Native
regional non-profit corporation (as listed in section 103(a)(2)
of Public Law 104-193 (110 Stat. 2159)) in which there are
villages, including established villages and organized cities
under State law, that have voted to ban the sale, importation,
or possession of alcohol pursuant to local option State law:
Provided further, That such grants shall be used to: (1) employ
Village Public Safety Officers (hereinafter referred to as
``VPSO's'') under such terms and conditions that encourage
retention of such VPSO's and that are consistent with agreements
with the State of Alaska for the provision of such VPSO
services; (2) acquisition of law enforcement equipment or
services; or (3) develop and implement restorative justice
programs recognized under State sentencing law as a community-
based complement or alternative to incarceration or other
penalty: Provided further, That funds may also be used for
activities and programs to further the sobriety movement
including education and treatment. The President of the Alaska
Federation of Natives shall submit a report on its activities
and those of its grantees including administrative costs and
persons served by December 31, 2001; and
(2) $15,000,000 shall be provided to the Indian Health
Service for drug and alcohol prevention and treatment services
for non-Alaska tribes.
CHAPTER 8
General Provisions--This Chapter
Sec. 801. There are appropriated to the Health Resources and
Services Administration in the Department of Health and Human Services,
for the construction of the Biotechnology Science Center at the Marshall
University in Huntington, West Virginia, $25,000,000, to remain
available until expended.
Sec. 802. There are appropriated to the Health Resources and
Services Administration in the Department of Health and Human Services,
for the construction of the Christian Nurses Hospice in Brentwood, New
York, $400,000.
Sec. 803. There are appropriated to the Institute of Museum and
Library Services, for expansion of the marine biology program at the
Long Island Maritime Museum, $250,000.
[[Page 114 STAT. 2763A-194]]
CHAPTER 9
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Decreased Members of Congress
For payment to Laura Y. Bateman, widow of Herbert H. Bateman, late a
Representative from the State of Virginia, $141,300.
For payment to Susan L. Vento, widow of Bruce F. Vento, late a
Representative from the State of Minnesota, $141,300.
For payment to Betty Lee Dixon, widow of Julian C. Dixon, late a
Representative from the State of California, $141,300.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
salaries and expenses
For an additional amount for ``Capitol Buildings and Grounds--
capitol buildings--salaries and expenses'' for necessary expenses for
construction of emergency egress from the fourth floor of the Capitol
Building, $1,033,000, to remain available until expended: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
LIBRARY OF CONGRESS
Salaries and Expenses
For the Library of Congress, $25,000,000, to remain available until
expended, for necessary salaries and expenses of the National Digital
Information Infrastructure and Preservation Program; and an additional
$75,000,000, to remain available until expended, for such purposes:
Provided, That the portion of such additional $75,000,000, which may be
expended shall not exceed an amount equal to the matching contributions
(including contributions other than money) for such purposes that: (1)
are received by the Librarian of Congress for the program from non-
Federal sources; and (2) are received before March 31, 2003: Provided
further, That such program shall be carried out in accordance with a
plan or plans approved by the Committee on House Administration of the
House of Representatives, the Committee on Rules and Administration of
the Senate, the Committee on Appropriations of the House of
Representatives, and the Committee on Appropriations of the Senate:
Provided further, That of the total amount appropriated, $5,000,000 may
be expended before the approval of a plan to develop such a plan, and to
collect or preserve essential digital information which otherwise would
be uncollectible: Provided further, That the
[[Page 114 STAT. 2763A-195]]
balance in excess of such $5,000,000 shall not be expended without
approval in advance by the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate:
Provided further, That the plan under this heading shall be developed by
the Librarian of Congress jointly with entities of the Federal
Government with expertise in telecommunications technology and
electronic commerce policy (including the Secretary of Commerce and the
Director of the White House Office of Science and Technology Policy) and
the National Archives and Records Administration, and with the
participation of representatives of other Federal, research, and private
libraries and institutions with expertise in the collection and
maintenance of archives of digital materials (including the National
Library of Medicine, the National Agricultural Library, the National
Institute of Standards and Technology, the Research Libraries Group, the
Online Computer Library Center, and the Council on Library and
Information Resources) and representatives of private business
organizations which are involved in efforts to preserve, collect, and
disseminate information in digital formats (including the Open e-Book
Forum): Provided further, That notwithstanding any other provision of
law, effective with the One Hundred Seventh Congress and each succeeding
Congress the chair of the Subcommittee on the Legislative Branch of the
Committee on Appropriations of the House of Representatives shall serve
as a member of the Joint Committee on the Library with respect to the
Library's financial management, organization, budget development and
implementation, and program development and administration, as well as
any other element of the mission of the Library of Congress which is
subject to the requirements of Federal law.
General Provisions--This Chapter
Sec. 901. Retirement Credit for Certain Legislative Branch
Employees. (a) Former Employees of Congressional Campaign Committees.--
(1) CSRS.--Section 8332(m) of title 5, United States Code,
as amended by section 312 of the Legislative Branch
Appropriations Act, 2000, is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Upon application to the Office of Personnel Management, any
individual who was an employee on the date of enactment of this
paragraph, and who has on such date or thereafter acquires 5 years or
more of creditable civilian service under this section (exclusive of
service for which credit is allowed under this subsection) shall be
allowed credit (as service as a congressional employee) for service
before December 31, 1990, while employed by the Democratic Senatorial
Campaign Committee, the Republican Senatorial Campaign Committee, the
Democratic National Congressional Committee, or the Republican National
Congressional Committee, if--
``(A) such employee has at least 4 years and 6 months of
service on such committees as of December 31, 1990; and
``(B) such employee makes a deposit to the Fund in an amount
equal to the amount which would be required under
[[Page 114 STAT. 2763A-196]]
section 8334(c) if such service were service as a congressional
employee.''.
(2) FERS.--Section 8411 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(i)(1) Upon application to the Office of Personnel Management, any
individual who was an employee on the date of enactment of this
paragraph, and who has on such date or thereafter acquired 5 years or
more of creditable civilian service under this section (exclusive of
service for which credit is allowed under this subsection) shall be
allowed credit (as service as a congressional employee) for service
before December 31, 1990, while employed by the Democratic Senatorial
Campaign Committee, the Republican Senatorial Campaign Committee, the
Democratic National Congressional Committee, or the Republican National
Congressional Committee, if--
``(A) such employee has at least 4 years and 6 months of
service on such committees as of December 31, 1990; and
``(B) such employee deposits to the Fund an amount equal to
1.3 percent of the base pay for such service, with interest.
``(2) The Office shall accept the certification of the President of
the Senate (or the President's designee) or the Speaker of the House of
Representatives (or the Speaker's designee), as the case may be,
concerning the service of, and the amount of compensation received by,
an employee with respect to whom credit is to be sought under this
subsection.
``(3) An individual shall not be granted credit for such service
under this subsection if eligible for credit under section 8332(m) for
such service.''.
(b) Former Employees of Legislative Service Organizations.--
(1) Service of employees of legislative service
organizations.--
(A) In general.--Subject to succeeding provisions of
this paragraph, upon application to the Office of
Personnel Management in such form and manner as the
Office shall prescribe, any individual who performed
service as an employee of a legislative service
organization of the House of Representatives (as defined
and authorized in the One Hundred Third Congress)
and whose pay was paid in whole or in part by a source other than the
Clerk Hire account of a Member of the House of Representatives (other
than an individual described in paragraph (6)) shall be entitled--
(i) to receive credit under the provisions of
subchapter III of chapter 83 or chapter 84 of
title 5, United States Code (whichever would be
appropriate), as congressional employee service,
for all such service; and
(ii) to have all pay for such service which
was so paid by a source other than the Clerk Hire
account of a Member included (in addition to any
amounts otherwise included in basic pay) for
purposes of computing an annuity payable out of
the Civil Service Retirement and Disability Fund.
(B) Deposit requirement.--In order to be eligible
for the benefits described in subparagraph (A), an
individual shall be required to pay into the Civil
Service Retirement
[[Page 114 STAT. 2763A-197]]
and Disability Fund an amount equal to the difference
between--
(i) the employee contributions that were
actually made to such Fund under applicable
provisions of law with respect to the service
described in subparagraph (A); and
(ii) the employee contributions that would
have been required with respect to such service if
the amounts described in subparagraph (A)(ii) had
also been treated as basic pay.
The amount required under this subparagraph shall
include interest, which shall be computed under section
8334(e) of title 5, United States Code.
(C) Certain offsets required in order to prevent
double contributions and benefits.--In the case of any
period of service as an employee of a legislative
service organization which constituted employment for
purposes of title II of the Social Security Act--
(i) any pay for such service (as described in
subparagraph (A)(ii)) with respect to which the
deposit under subparagraph (B) would otherwise be
computed by applying the first sentence of section
8334(a)(1) of title 5, United States Code, shall
instead be computed in a manner based on section
8334(k) of such title; and
(ii) any retirement benefits under subchapter
III of chapter 83 of title 5, United States Code,
shall be subject to offset (to reflect that
portion of benefits under title II of the Social
Security Act attributable to pay referred to in
subparagraph (A)) similar to that provided for
under section 8349 of such title.
(2) Survivor annuitants.--For purposes of survivor
annuities, an application authorized by this section may, in the
case of an individual under paragraph (1) who has died, be made
by a survivor of such individual.
(3) Recomputation of annuities.--Any annuity or survivor
annuity payable as of when an individual makes the deposit
required under paragraph (1) shall be recomputed to take into
account the crediting of service under such paragraph for
purposes of amounts accruing for any period beginning on or
after the date on which the individual makes the deposit.
(4) Certification of speaker.--The Office of Personnel
Management shall accept the certification of the Speaker of the
House of Representatives (or the Speaker's designee) concerning
the service of, and the amount of compensation received by, an
employee with respect to whom credit is to be sought under this
subsection.
(5) Notification and other duties of the office of personnel
management.--
(A) Notice.--The Office of Personnel Management
shall take such action as may be necessary and
appropriate to inform individuals of any rights they
might have as a result of enactment of this subsection.
(B) Assistance.--The Office shall, on request,
assist any individual in obtaining from any department,
agency, or other instrumentality of the United States
any information in the possession of such
instrumentality which may
[[Page 114 STAT. 2763A-198]]
be necessary to verify the entitlement of such
individual to have any service credited under this
subsection or to have an annuity recomputed under
paragraph (3).
(C) Information.--Any department, agency, or other
instrumentality of the United
States which possesses any information with respect to an individual's
performance of any service described in paragraph (1) shall, at the
request of the office, furnish such information to the Office.
(6) Exclusion of certain employees.--An individual is not
eligible for credit under this subsection if the individual
served as an employee of the House of Representatives for an
aggregate period of 5 years or longer after the individual's
final period of service as an employee of a legislative service
organization of the House of Representatives.
(7) Member defined.--In this subsection, the term ``Member
of the House of Representatives'' includes a Delegate or
Resident Commissioner to Congress.
Sec. 902. (a) The Legislative Branch Appropriations Act, 2001 is
amended under the subheading ``miscellaneous items'' under the heading
``SENATE'' under title I by striking ``$8,655,000'' and inserting
``$25,155,000''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of the Legislative Branch Appropriations Act,
2001.
Sec. 903. 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 103d
Congress. Further that there is now in effect a Standing order of the
Senate that the reading of conference reports is no longer required, if
the said conference report is available in the Senate.
CHAPTER 10
General Provisions--This Chapter
Sec. 1001. In addition to amounts appropriated or otherwise made
available in the Military Construction Appropriations Act, 2001,
$43,500,000 is hereby appropriated to the Department of Defense, to
remain available until September 30, 2005, as follows:
``Military Construction, Army'', $27,000,000;
``Military Construction, Air Force'', $12,000,000;
``Military Construction, Army National Guard'', $4,500,000:
Provided, That notwithstanding any other provision of law, such funds
may be obligated or expended to carry out planning and design, military
construction, and family housing projects not otherwise authorized by
law.
Sec. 1002. Transfer of Jurisdiction, Melrose Air Force Range, New
Mexico. (a) Transfer Required.--(1) The Secretary of the Interior shall
transfer, without reimbursement, to the administrative jurisdiction of
the Secretary of the Air Force the surface estate in the real property
described in paragraph (2), which consists of 6,713.90 acres of public
domain lands in Roosevelt County, New Mexico.
(2) The transfer of administrative jurisdiction under paragraph (1)
encompasses the following sections (or portions thereof):
[[Page 114 STAT. 2763A-199]]
(A) In Township 1 North, Range 30 East, New Mexico Prime
Meridian:
(i) Sec. 2 (S\1/2\).
(ii) Sec. 11. All.
(iii) Sec. 20 (S\1/2\SE\1/4\).
(iv) Sec. 28. All.
(B) In Township 1 South, Range 30 East, New Mexico Prime
Meridian:
(i) Sec. 2 (Lots 1-12, S\1/2\).
(ii) Sec. 3 (Lots 1-12, S\1/2\).
(iii) Sec. 4 (Lots 1-12, S\1/2\).
(iv) Sec. 6 (Lots 1 and 2).
(v) Sec. 9 (N\1/2\, N\1/2\S\1/2\).
(vi) Sec. 10 (N\1/2\, N\1/2\S\1/2\).
(vii) Sec. 11 (N\1/2\, N\1/2\S\1/2\).
(C) In Township 2 North, Range 30 East, New Mexico Prime
Meridian:
(i) Sec. 20 (E\1/2\S\1/4\).
(ii) Sec. 21 (SW\1/4\, W\1/2\SE\1/4\).
(iii) Sec. 28 (W\1/2\E\1/2\, W\1/2\).
(iv) Sec. 29 (E\1/2\E\1/2\).
(v) Sec. 32 (E\1/2\E\1/2\).
(vi) Sec. 33 (W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/4\).
(b) Status of Surface Estate.--Upon transfer under subsection (a),
the surface estate is deemed to be real property subject to the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(c) Withdrawal of Mineral Estate.--Subject to valid existing rights,
the mineral estate of the lands described in subsection (a) are
withdrawn from all forms of appropriation under the public land laws,
including the mining laws and the mineral and geothermal leasing laws,
but not the Act of July 31, 1947 (commonly known as the Materials Act of
1947; 30 U.S.C. 601 et seq.).
(d) Use of Mineral Materials.--Notwithstanding subsection (c) or the
Act of July 31, 1947, the Secretary of the Air Force may use, without
application to the Secretary of the Interior, the sand, gravel, or
similar mineral material resources on the lands described in subsection
(a), of the type subject to disposition under the Act of July 31, 1947,
when the use of such resources is required for construction needs on the
Melrose Air Force Range, New Mexico.
Sec. 1003. Transfer of Jurisdiction, Yakima Training Center,
Washington. (a) Transfer Required.--(1) The Secretary of the Interior
shall transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Army the surface estate in the real
property described in paragraph (2), which consists of 6,640.02 acres of
public domain lands in Kittitas County, Washington.
(2) The transfer of administrative jurisdiction under paragraph (1)
encompasses the following sections (or portions thereof):
(A) In Township 17 North, Range 20 East, Willamette
Meridian:
(i) Sec. 22 (S\1/2\).
(ii) Sec. 24 (S\1/2\SW\1/4\ and that portion of the
E\1/2\ lying south of the Interstate Highway 90 right-
of-way).
(iii) Sec. 26. All.
(B) In Township 16 North, Range 21 East, Willamette
Meridian:
[[Page 114 STAT. 2763A-200]]
(i) Sec. 4 (SW\1/4\SW\1/4\).
(ii) Sec. 12 (SE\1/4\).
(iii) Sec. 18 (Lots 1, 2, 3, and 4, E\1/2\ and E\1/
2\W\1/2\).
(C) In Township 17 North, Range 21 East, Willamette
Meridian:
(i) Sec. 30 (Lots 3 and 4).
(ii) Sec. 32 (NE\1/4\SE\1/4\).
(D) In Township 16 North, Range 22 East, Willamette
Meridian:
(i) Sec. 2 (Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and
S\1/2\).
(ii) Sec. 4 (Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and
S\1/2\).
(iii) Sec. 10. All.
(iv) Sec. 14. All.
(v) Sec. 20 (SE\1/4\SW\1/4\).
(vi) Sec. 22. All.
(vii) Sec. 26 (N\1/2\).
(viii) Sec. 28 (N\1/2\).
(E) In Township 16 North, Range 23 East, Willamette
Meridian:
(i) Sec. 18 (Lots 3 and 4, E\1/2\SW\1/4\, W\1/
2\SE\1/4\, and that portion of the E\1/2\SE\1/4\ lying
westerly of the westerly right-of-way line of Huntzinger
Road).
(ii) Sec. 20 (That portion of the SW\1/4\ lying
westerly of the easterly right-of-way line of the
railroad).
(iii) Sec. 30 (Lots 1 and 2, NE\1/4\ and E\1/2\NW\1/
4\).
(b) Status of Surface Estate.--Upon transfer under subsection (a),
the surface estate is deemed to be real property subject to the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(c) Withdrawal of Mineral Estate.--(1) Subject to valid existing
rights, the mineral estate of the lands described in subsection (a), as
well as the additional lands described in paragraph (2), are withdrawn
from all forms of appropriation under the public land laws, including
the mining laws and the geothermal leasing laws, but not the Act of July
31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601, et
seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(2) The additional lands referred to in paragraph (1) consist of
3,090.80 acres in the following sections (or portions thereof):
(A) In Township 16 North, Range 20 East, Willamette
Meridian:
(i) Sec. 12. All.
(ii) Sec. 18 (Lot 4 and SE\1/4\).
(iii) Sec. 20 (S\1/2\).
(B) In Township 16 North, Range 21 East, Willamette
Meridian:
(i) Sec. 4 (Lots 1, 2, 3, and 4, S\1/2\NE\1/4\).
(ii) Sec. 8. All.
(C) In Township 16 North, Range 22 East, Willamette
Meridian:
(i) Sec. 12. All.
(D) In Township 17 North, Range 21 East, Willamette
Meridian:
(i) Sec. 32 (S\1/2\SE\1/4\).
(ii) Sec. 34 (W\1/2\).
(d) Use of Mineral Materials.--Notwithstanding subsection (c) or the
Act of July 31, 1947, the Secretary of the Army may
[[Page 114 STAT. 2763A-201]]
use, without application to the Secretary of the Interior, the sand,
gravel, or similar mineral material resources on the lands described in
subsections (a) and (c), of the type subject to disposition under the
Act of July 31, 1947, when the use of such resources is required for
construction needs on the Yakima Training Center, Washington.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
General Provisions--This Chapter
Sec. 1101. Section 5309(g)(4)(D)(2) of title 49, United States Code,
is amended by striking ``light''.
Sec. 1102. Item number 630 of the table contained in section 1602 of
the Transportation Act for the 21st Century (112 Stat. 280), relating to
Buffalo, New York, is amended by striking ``Design and construct Outer
Harbor Bridge in Buffalo'' and inserting ``Transportation infrastructure
improvements, Inner Harbor/Redevelopment project, Buffalo''.
Sec. 1103. If the State of Arkansas incorporates into the relocation
of U.S. Route 71 through Fort Chaffee, Arkansas, land obtained by the
State from the Federal Government as a result of the closure of a
military installation, the Secretary of Transportation shall credit to
the State share of the cost of the relocation the fair market value of
such land .
Sec. 1104. For an additional amount to enable the Secretary of
Transportation to make a grant to the Huntsville International Airport,
$2,500,000, to be derived from the airport and airway trust fund, to
remain available until expended.
Sec. 1105. Notwithstanding any other provision of law, for necessary
expenses for the Southeast Light Rail Extension Project in Dallas,
Texas, $1,000,000, to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended.
Sec. 1106. Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032-2033) is amended by striking
paragraph (38) and replacing it with the following--
``(38) The Ports-to-Plains Corridor from Laredo, Texas, via
I-27 to Denver, Colorado, shall include:
``(A) In the State of Texas the Ports-to-Plains
Corridor shall generally follow--
``(i) I-35 from Laredo to United States Route
83 at Exit 18;
``(ii) United States Route 83 from Exit 18 to
Carrizo Springs;
``(iii) United States Route 277 from Carrizo
Springs to San Angelo;
``(iv) United States Route 87 from San Angelo
to Sterling City;
``(v) From Sterling City to Lamesa, the
Corridor shall follow United States Route 87 and,
the Corridor shall also follow Texas Route 158
from Sterling City to I-20, then via I-20 West to
Texas Route 349 and, Texas Route 349 from Midland
to Lamesa;
``(vi) United States Route 87 from Lamesa to
Lubbock;
[[Page 114 STAT. 2763A-202]]
``(vii) I-27 from Lubbock to Amarillo; and
``(viii) United States Route 287 from Amarillo
to Dumas.
``(B) The corridor designation contained in
paragraph (A) shall take effect only if the Texas
Transportation Commission has not designated the Ports-
to-Plains Corridor in Texas by June 30, 2001.''.
Sec. 1107. For an additional amount to enable the Secretary of
Transportation to make a grant for the Newark-Elizabeth rail link
project, New Jersey, $3,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available until
expended.
Sec. 1108. Section 5309(m)(3)(C) of title 49 United States Code,
shall not apply to the funds made available in the Department of
Transportation and Related Agencies Appropriations Act, 2001: Provided,
That notwithstanding any other provision of law, the 14th Street Bridge,
Virginia; Chouteau Bridge, Jackson County, Missouri; Clement C. Clay
Bridge replacement, Morgan/Madison counties, Alabama; Fairfield-Benton-
Kennebec River Bridge, Maine; Florida Memorial Bridge, Florida; Historic
Woodrow Wilson Bridge, Mississippi; Missisquoi Bay Bridge, Vermont;
Oaklawn Bridge, South Pasadena, California; Pearl Harbor Memorial Bridge
replacement, Connecticut; Powell County Bridge, Montana; Santa Clara
Bridge, Oxnard, California; Star City Bridge, West Virginia; US 231
Bridge over Tennessee River, Alabama; US 54/US 69 Bridge, Kansas;
Waimalu Bridge replacement on I-1, Hawaii; Washington Bridge, Rhode
Island are eligible in fiscal year 2001 under section 144(g)(2) of title
23, United States Code: Provided further, That section 378 of Public Law
106-346 is amended by inserting after ``US 101'' the following: ``and
Interstate 5 Trade Corridor''.
Sec. 1109. Notwithstanding any other provision of law, in addition
to funds otherwise appropriated in this or any other Act for fiscal year
2001, $4,000,000 is hereby appropriated from the Highway Trust Fund for
Commercial Remote Sensing Products and Spatial Information Technologies
under section 5113 of Public Law 105-178, as amended: Provided, That
such funds are used to study the creation of a new highway right-of-way
south of I-10 along the Mississippi Gulf Coast by relocating the
existing railroad right-of-way out of downtown areas.
Sec. 1110. Amtrak is authorized to obtain services from the
Administrator of General Services, and the Administrator is authorized
to provide services to Amtrak, under sections 201(b) and 211(b) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
481(b) and 491(b)) for fiscal year 2001 and each fiscal year thereafter
until the fiscal year that Amtrak operates without Federal operating
grant funds appropriated for its benefit, as required by sections
24101(d) and 24104(a) of title 49, United States Code.
Sec. 1111. Of the funds made available in the ``Alteration of
bridges'' account of the Department of Transportation and Related
Agencies Appropriations Act, 2001 for the Fox River Bridge, $575,000
shall be transferred by the Secretary of Transportation to the City of
Oshkosh for removal of the bridge located at mile point 56.9 of the Fox
River in Oshkosh, Wisconsin. The United States shall assume no
responsibility for project management relating to removal of the bridge.
[[Page 114 STAT. 2763A-203]]
Sec. 1112. Notwithstanding section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), section 8 of the Act of June 19, 1886 (46
App. U.S.C. 289), and section 12106 of title 46, United States Code, the
Secretary of Transportation may issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade for
the following vessels:
(1) M/V WELLS GRAY (State of Alaska registration number AK
9452 N; former Canadian registration number 154661); and
(2) ANNANDALE (United States official number 519434).
Sec. 1113. Conveyance of Coast Guard Property in Middletown,
California. (a) Authority To Convey.--
(1) In general.--The Administrator of General Services (in
this section referred to as the ``Administrator'') may promptly
convey to Lake County, California (in this section referred to
as the ``County''), without consideration, all right, title, and
interest of the United States (subject to subsection (c)) in and
to the property described in subsection (b).
(2) Identification of property.--The Administrator, in
consultation with the Commandant of the Coast Guard, may
identify, describe, and determine the property to be conveyed
under this section.
(b) Property Described.--
(1) In general.--The property referred to in subsection (a)
is such portion of the Coast Guard LORAN Station Middletown as
has been reported to the General Services Administration to be
excess property, consisting of approximately 733.43 acres, and
is comprised of all or part of tracts A-101, A-102, A-104, A-
105, A-106, A-107, A-108, and A-111.
(2) Survey.--The exact acreage and legal description of the
property conveyed under subsection (a), and any easements or
rights-of-way reserved by the United States under subsection
(c)(1), shall be determined by a survey satisfactory to the
Administrator. The cost of the survey shall be borne by the
County.
(c) Conditions.--
(1) In general.--In making the conveyance under subsection
(a), the Administrator shall--
(A) reserve for the United States such existing
rights-of-way for access and such easements as are
necessary for continued operation of the LORAN station;
(B) preserve other existing easements for public
roads and highways, public utilities, irrigation
ditches, railroads, and pipelines; and
(C) impose such other restrictions on use of the
property conveyed as are necessary to
protect the safety, security, and continued operation of the LORAN
station.
(2) Firebreaks and fence.--(A) The Administrator may not
convey any property under this section unless the County and the
Commandant of the Coast Guard enter into an agreement with the
Administrator under which the County is required, in accordance
with design specifications and maintenance standards established
by the Commandant--
(i) to establish and construct within 6 months after
the date of the conveyance, and thereafter to maintain,
firebreaks on the property to be conveyed; and
[[Page 114 STAT. 2763A-204]]
(ii) construct within 6 months after the date of
conveyance, and thereafter maintain, a fence approved by
the Commandant along the property line between the
property conveyed and adjoining Coast Guard property.
(B) The agreement shall require that--
(i) the County shall pay all costs of establishment,
construction, and maintenance of firebreaks under
subparagraph (A)(i); and
(ii) the Commandant shall provide all materials
needed to construct a fence under subparagraph (A)(ii),
and the County shall pay all other costs of construction
and maintenance of the fence.
(3) Covenants appurtenant.--The Administrator shall take
actions necessary to render the requirement to establish,
construct, and maintain firebreaks and a fence under paragraph
(2) and other requirements and conditions under paragraph (1),
under the deed conveying the property to the County, covenants
that run with the land for the benefit of land retained by the
United States.
(d) Reversionary Interest.--During the 5-year period beginning on
the date the Administrator makes the conveyance authorized by subsection
(a), the real property conveyed pursuant to this section, at the option
of the Administrator, shall revert to the United States and be placed
under the administrative control of the Administrator, if--
(1) the County sells, conveys, assigns, exchanges, or
encumbers the property conveyed or any part thereof;
(2) the County fails to maintain the property conveyed in a
manner consistent with the terms and conditions in subsection
(c);
(3) the County conducts any commercial activities at the
property conveyed, or any part thereof, without approval of the
Secretary; or
(4) at least 30 days before the reversion, the Administrator
provides written notice to the owner that the property or any
part thereof is needed for national security purposes.
Sec. 1114. Conveyance of Coast Guard Property to Town of Nantucket,
Massachusetts. (a) Authority To Convey.--
(1) In general.--Notwithstanding any other law, the
Administrator of the General Services Administration
(Administrator) or the Commandant of the Coast Guard
(Commandant), as appropriate, shall convey to the Town of
Nantucket, Massachusetts (Town), without monetary consideration,
all right, title, and interest of the United States of America
(United States) in and to a certain parcel of land located in
Nantucket, Massachusetts, and part of the United States Coast
Guard LORAN Station Nantucket, together with any improvements
thereon in their then current condition.
(2) Identification of property.--The Administrator or the
Commandant, as appropriate, shall identify, describe, and
determine the property to be conveyed under this section. The
Town shall bear all monetary costs associated with any survey
required to describe the property to be conveyed under this
section and any easements reserved by the United States under
subsection (b)(1).
(b) Terms and Conditions of Conveyance.--
[[Page 114 STAT. 2763A-205]]
(1) The conveyance of property under this section shall be
made subject to any terms and conditions the Administrator or
the Commandant, as appropriate, considers necessary, including
the reservation of easements and other rights on behalf of the
United States, to ensure that--
(A) there is reserved to the United States the right
to remove, relocate, or replace any aid to navigation
located upon, or install or construct any aid to
navigation upon, property conveyed under this section as
may be necessary for navigational purposes;
(B) the United States shall have the right to enter
property conveyed under this section at any time,
without notice, for purposes of operating, maintaining,
and inspecting any aid to navigation and for the
purposes of exercising any of the rights set forth in
paragraph (1)(A) of this subsection; and
(C) the Town shall not interfere or allow
interference, in any manner, with any aid to navigation,
whether located upon the property conveyed under this
section or upon any portion of LORAN Station Nantucket
retained by the United States, nor hinder activities
required for the inspection, operation, and maintenance
of any such aid to navigation without the Commandant's
express written permission.
(2) The Town shall not convey, assign, exchange, or in any
way encumber the property conveyed under this section, unless
approved by the Administrator.
(3) The Town shall not conduct any commercial activities at
or upon the property conveyed under this section, unless
approved by the Administrator.
(4) The Town shall not be required to maintain any active
aid to navigation associated with the property conveyed under
this section except for private aids to navigation permitted
under 14 U.S.C. 83.
(5) The United States shall not convey any property under
this section, nor grant any real property license under
subsection (d), until the Town enters into an agreement with the
United States to relocate the Coast Guard receiving antenna and
associated equipment, as identified by the Commandant, at the
Town's sole cost and expense, and subject to the Commandant's
design specifications, project schedule, and final project
approval.
(6) The United States shall not convey any property under
this section, nor grant any real property license under
subsection (d), until the Town enters into an agreement with the
United States that provides that the Town will immediately cease
construction or operation of the waste water treatment facility
upon notification by the Commandant that the Town's construction
or operation of the facility interferes with any Coast Guard aid
to navigation. The agreement shall provide that construction or
operation shall not be resumed until the conditions causing the
interference are corrected, and the Commandant authorizes the
construction or operation to resume.
(7) All conditions placed with the deed of title shall be
construed as covenants running with the land.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to this section, the conveyance of property
[[Page 114 STAT. 2763A-206]]
under this section shall include a condition that the property conveyed,
at the option of the Administrator, shall revert to the United States
and be placed under the administrative control of the Administrator,
if--
(1) the Town conveys, assigns, exchanges, or in any manner
encumbers the property conveyed for consideration, unless
otherwise approved by the Administrator;
(2) the Town conducts any commercial activities at or upon
the property conveyed, unless otherwise approved by the
Administrator;
(3) the Town interferes or allows interference, in any
manner, with any aid to navigation, whether located upon the
property conveyed under this section or upon any portion of
LORAN Station Nantucket retained by the United States, nor
hinder activities required for the inspection, operation, and
maintenance of any such aid to navigation without the
Commandant's express written permission; or
(4) at least 30 days before the reversion, the Administrator
provides written notice to the grantee that property conveyed
under this section, or any portion thereof, is needed for
national security purposes.
(d) Real Property License.--Prior to the conveyance of any property
under this section, the Commandant may grant a real property license to
the Town for the purpose of allowing the Town to enter upon LORAN
Station Nantucket and commence construction of a waste water treatment
facility and for other site preparation activities.
(e) Definitions.--For purposes of this section:
(1) Aid to navigation.--The term ``aid to navigation'' means
equipment used for navigation purposes, including but not
limited to, a light, antenna, sound signal, electronic and radio
navigation equipment and signals, cameras, sensors, or other
equipment operated or maintained by the United States.
(2) Town.--The term ``Town'' includes the successors and
assigns of the Town of Nantucket, Massachusetts.
Sec. 1115. Conveyance of Plum Island Lighthouse, Newburyport,
Massachusetts. (a) Authority To Convey.--
(1) In general.--Notwithstanding any other law, the
Administrator of the General Services Administration
(Administrator) or the Commandant of the Coast Guard
(Commandant), as appropriate, shall convey to the City of
Newburyport, Massachusetts
(City), without monetary consideration, all right, title, and interest
of the United States of America (United States) in and to two certain
parcels of land upon which the Plum Island Boat House and the Plum
Island Lighthouse (also known as the Newburyport Harbor Light), are
situated, respectively, located in Essex County, Massachusetts, together
with any improvements thereon in their then current condition.
(2) Identification of property.--The Administrator or the
Commandant, as appropriate, shall identify, describe, and
determine the property to be conveyed under this section,
including the right to retain all right, title, and interest of
the United States to any portion of either parcel described in
paragraph (a)(1) of this section. The Administrator or
Commandant, as appropriate, may retain all right, title, and
interest of the United States in and to any historical artifact,
including any lens or lantern, that is associated with and
located at
[[Page 114 STAT. 2763A-207]]
the property conveyed under this section at the time of
conveyance. Artifacts associated with, but not located at, the
property conveyed under this section at the time of conveyance,
shall remain the personal property of the United States under
the administrative control of the Commandant. No submerged lands
shall be conveyed under this section.
(b) Terms and Conditions of Conveyance.--
(1) The conveyance of property under this section shall be
made subject to any terms and conditions the Administrator or
the Commandant, as appropriate, considers necessary, including
but not limited to, the reservation of easements and other
rights on behalf of the United States, to ensure that--
(A) the aids to navigation located at property
conveyed under this section shall remain the personal
property of the United States and continue to be
operated and maintained by the United States for as long
as needed for navigational purposes;
(B) there is reserved to the United States the right
to remove, relocate, or replace any aid to navigation
located upon, or install or construct any aid to
navigation upon, property conveyed under this section as
may be necessary for navigational purposes;
(C) the United States shall have the right to enter
property conveyed under this section at any time,
without notice, for purposes of operating, maintaining,
and inspecting any aid to navigation, for the purposes
of exercising any of the rights set forth in paragraph
(1)(B) of this subsection, and for the purposes of
ingress and egress to any land retained by the United
States; and
(D) the City shall not, without the Commandant's
express written permission, interfere or allow
interference, in any manner, with any aid to navigation,
nor hinder activities required
(i) for the inspection, operation, and
maintenance of any aid to navigation; or
(ii) for the exercise of any of the rights set
forth in paragraph (1)(B) of this subsection.
(2) The City shall, at its own cost and expense, maintain
the property conveyed under this section in a proper,
substantial, and workmanlike manner.
(3) The City shall ensure that the property conveyed is
available and accessible to the public, on a reasonable basis
for educational, park, recreational, cultural, historic
preservation or similar purposes.
(4) The City shall not be required to maintain any active
aid to navigation associated with the property conveyed under
this section except for private aids to navigation permitted
under 14 U.S.C. 83.
(5) All conditions placed with the deed of title for
property conveyed under this section shall be construed as
covenants running with the land.
(6) The Administrator or the Commandant, as appropriate, may
require such additional terms and conditions with respect to the
conveyance of property under this section, as the Administrator
or the Commandant considers appropriate to protect the interests
of the United States.
[[Page 114 STAT. 2763A-208]]
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to this section, any property conveyed under this
section, at the option of the Administrator, shall revert to the United
States and be placed under the administrative control of the
Administrator, if--
(1) the property conveyed under this section, or any part
thereof, ceases to be maintained in a manner that ensures its
present or future use as a site for an aid to navigation as
determined by the Commandant;
(2) the property conveyed under this section, or any part
thereof, ceases to be available and accessible to the public, on
a reasonable basis, for educational, park, recreational,
cultural, historic preservation or similar purposes; or
(3) at least 30 days before the reversion, the Administrator
provides written notice to the grantee that property conveyed
under this section, or any portion thereof, is needed for
national security purposes.
(d) Definitions.--For purposes of this section:
(1) Aid to navigation.--The term ``aid to navigation'' means
equipment used for navigation purposes, including but not
limited to, a light, antenna, sound signal, electronic and radio
navigation equipment and signals, cameras, sensors, or other
equipment operated or maintained by the United States.
(2) City.--The term ``City'' includes the successors and
assigns of the City of Newburyport, Massachusetts.
Sec. 1116. Transfer of Coast Guard Station Scituate to the National
Oceanic and Atmospheric Administration. (a) Authority To Transfer.--
(1) In general.--The Administrator of the General Services
Administration, in consultation with the Commandant, United
States Coast Guard, may transfer without consideration
administrative jurisdiction, custody, and control over the
Federal property known as Coast Guard Station Scituate to the
National Oceanic and Atmospheric Administration (hereinafter
referred to as ``NOAA'').
(2) Identification of property.--The Administrator, in
consultation with the Commandant, may identify, describe, and
determine the property to be transferred under this section.
(b) Terms of Transfer.--
(1) The transfer of the property shall be made subject to
any conditions and reservations the Commandant considers
necessary to ensure that--
(A) the transfer of the property to NOAA is
contingent upon the relocation of Coast Guard Station
Scituate to a suitable site;
(B) there is reserved to the Coast Guard the right
to remove, relocate, or replace any aid to navigation
located upon, or install any aid to navigation upon, the
property transferred under this section as may be
necessary for navigational purposes; and
(C) the Coast Guard shall have the right to enter
the property transferred under this section at any time,
without notice, for purposes of operating, maintaining,
and inspecting any aid to navigation.
(2) The transfer of the property shall be made subject to
the review and acceptance of the property by NOAA.
[[Page 114 STAT. 2763A-209]]
(c) Relocation of Station Scituate.--The Coast Guard may--
(1) lease land, including unimproved or vacant land, for a
term not to exceed 20 years, for the purpose of relocating Coast
Guard Station Scituate; and
(2) improve the land leased under this subsection.
Sec. 1117. Extension of Interim Authority for Dry Bulk Cargo Residue
Disposal. (a) Section 415(b)(2) of the Coast Guard Authorization Act of
1998 is amended by striking ``2002'' and inserting ``2004''.
(b) The Secretary shall conduct a study of the effectiveness of the
United States 1997 Enforcement Policy for Cargo Residues on the Great
Lakes (``Policy'') by September 30, 2002.
(c) The Secretary is authorized to promulgate regulations to
implement and enforce a program to regulate incidental discharges from
vessels of residues of non-hazardous and non-toxic dry bulk cargo into
the waters of the Great Lakes, which takes into account the finding in
the study required under subsection (b). This program shall be
consistent with the Policy.
Sec. 1118. Great Lakes Pilotage Advisory Committee. Section 9307 of
title 46, United States Code, is amended--
(1) by amending subparagraph (A) of subsection (b)(2) to
read as follows:
``(A) The President of each of the 3 Great Lakes
pilotage districts, or the President's
representative;'';
(2) by amending subparagraph (E) of subsection (b)(2) to
read as follows:
``(E) a member with a background in finance or
accounting, who--
``(i) must have been recommended to the
Secretary by a unanimous vote of the other members
of the Committee, and
``(ii) may be appointed without regard to
requirement in paragraph (1) that each member have
5 years of practical experience in maritime
operations.'';
(3) in subsection (C)(2) by striking the second sentence;
(4) by adding at the end of subsection (d) the following new
paragraph:
``(3) Any recommendations to the Secretary under subsection
(a)(2) must have been approved by at least all but one of the
members then serving on the committee.''; and
(5) in subsection (f )(1) by striking ``September 30, 2003''
and inserting ``September 30, 2005''.
Sec. 1119. Vessel Escort Operations and Towing Assistance. (a) In
General.--Except in the case of a vessel in distress, only a vessel of
the United States (as that term is defined in section 2101 of title 46,
United States Code) may perform the following vessel escort operations
and vessel towing assistance within the navigable waters of the United
States:
(1) Operations or assistance that commences or terminates at
a port or place in the United States.
(2) Operations or assistance required by United States law
or regulation.
(3) Operations provided in whole or in part for the purpose
of escorting or assisting a vessel within or through navigation
facilities owned, maintained, or operated by the United States
Government or the approaches to such facilities, other than
[[Page 114 STAT. 2763A-210]]
facilities operated by the St. Lawrence Seaway Development
Corporation on the St. Lawrence River portion of the Seaway.
(b) Definitions.--Unless otherwise defined by a provision of law or
regulation requiring that towing assistance or escort be rendered to
vessels transiting United States waters or navigation facilities, for
purposes of this section--
(1) the term ``towing assistance'' means operations by an
assisting vessel in direct contact with an assisted vessel
(including hull-to-hull, by towline, including if only pre-
tethered, or made fast to that vessel by one or more lines) for
purposes of exerting force on the assisted vessel to control or
to assist in controlling the movement of the assisted vessel;
and
(2) the term ``escort operations'' means accompanying a
vessel for the purpose of providing towing or towing assistance
to the vessel.
Sec. 1120. Notwithstanding any other provision of law, the
Commandant of the United States Coast Guard is hereby authorized to
utilize $100,000 of the amounts made available for fiscal year 2001 for
environmental compliance and restoration of Coast Guard facilities to
reimburse the owner of the former Coast Guard lighthouse facility at
Cape May, New Jersey, for costs incurred for clean-up of lead
contaminated soil at that facility.
Sec. 1121. Notwithstanding any other provision of law, $2,400,000,
to be derived from the Highway Trust Fund, shall be available for
planning, development and construction of rural farm-to-market roads in
Tulare County, California: Provided, That the non-Federal share of such
improvements shall be 20 percent.
Sec. 1122. Notwithstanding any other provision of law, and subject
to the availability of funds appropriated specifically for the project,
the Coast Guard is authorized to transfer funds in an amount not to
exceed $200,000 and project management authority to the Traverse City
Area Public School District for the purposes of demolition and removal
of the structure commonly known as ``Building 402'' at former Coast
Guard property located in Traverse City, Michigan, and associated site
work. No such funds shall be transferred until the Coast Guard receives
a detailed, fixed price estimate from the School District describing the
nature and cost of the work to be performed, and the Coast Guard shall
transfer only that amount of funds it and the School District consider
necessary to complete the project.
Sec. 1123. Notwithstanding any other provision of law, for necessary
expenses for Alabama A&M University buses and bus facilities, $500,000,
to be derived from the Mass Transit Account of the Highway Trust Fund
and to remain available until expended.
Sec. 1124. Notwithstanding any other provision of law, prior to the
fiscal year 2002 apportionment of ``Fixed Guideway Modernization'' funds
authorized under section 5309(a)(1)(E) of title 49, United States Code,
$7,047,502 of funds made available in fiscal year 2002 by section
5338(b) of title 49, United States Code, for the ``Fixed Guideway
Modernization'' program shall be distributed by the Federal Transit
Administration to an urbanized area over 200,000 that did not receive
amounts of fixed guideway modernization formula grants to which such
area was lawfully entitled for fiscal years 1999-2001 in view of
eligibility determinations made under chapter 53 of title 49, United
States Code, during the 6 months prior to the effective date of this
Act: Provided,
[[Page 114 STAT. 2763A-211]]
That such sums shall not reduce a grantee's fiscal year 2002
apportionment level of ``Fixed Guideway Modernization'' funds: Provided
further, That such sum remain available until expended.
Sec. 1125. Notwithstanding any other provision of law, Airport
Improvement Program Formula Changes provided in Public Law 106-181 and
defined in section 104 of that Act shall be applied regardless of
funding levels made available under section 48103 of title 49, United
States Code.
Sec. 1126. Item number 473 contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 274), relating
to Minnesota, is amended by striking ``between I-35W and 24th Avenue to
four lanes in Richfield'' and inserting ``reconstruction project from
Penn Avenue to 24th Avenue, including the Penn Avenue Bridge over I-
494''.
Sec. 1127. The Secretary of Transportation shall not issue final
regulations under section 20153 of title 49, United States Code, before
July 1, 2001.
Sec. 1128. Notwithstanding any other provision of law, in addition
to amounts made available in this Act or any other Act, the following
sums shall be made available from the Highway Trust Fund (other than the
Mass Transit Account):
$1,700,000 for transportation and community preservation
projects along the Main Street Corridor in Houston, Texas;
$5,000,000 for rehabilitation, repair, and restoration of
the historic Stillwater Lift Bridge between Stillwater,
Minnesota and Houlton, Wisconsin;
$1,000,000 for improvements to McClung Road, Boston Street,
Larson Street and Whirlpool Drive in the City of LaPorte,
Indiana; and
$1,000,000 for design, environmental mitigation,
engineering, and construction of, and improvements to, the US
36/Wadsworth interchange (Broomfield interchange) in Broomfield
County, Colorado:
Provided, That the amounts appropriated in this section shall remain
available until expended and shall not be subject to, or computed
against, any obligation limitation or contract authority set forth in
this or any other Act.
CHAPTER 12
GENERAL SERVICES ADMINISTRATION
Real Property Activities
federal buildings fund
For an additional amount to be deposited in, and to be used for the
purposes of, the Federal Buildings Fund of the General Services
Administration, $2,070,000: Provided, That this amount shall be
available for the purpose of renovating and redeveloping portions of the
historic Federal building located at 30 North Seventh Street in Terre
Haute, Indiana, to accommodate the needs of Federal tenants: Provided
further, That use of these funds is subject to authorization including
the preparation and approval of a prospectus as required by the Public
Buildings Act of 1959, as amended.
[[Page 114 STAT. 2763A-212]]
DEPARTMENT OF THE TREASURY
United States Customs Service
operations, maintenance and procurement, air and marine interdiction
programs
For an additional amount of $7,000,000, to remain available until
expended, for necessary expenses associated with procurement of two
aircraft and related equipment expenses associated with aviation
standardization and training at the Customs National Aviation Center in
Oklahoma City, Oklahoma: Provided, That none of the funds provided shall
be available for obligation until an expenditure plan is submitted for
approval to the Committees on Appropriations.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
construction, minor projects
For an additional amount for ``Construction, minor projects'',
$8,840,000, to remain available until expended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
empowerment zones/enterprise communities
For an additional amount for ``Empowerment zones and enterprise
communities'', $110,000,000, to remain available until expended:
Provided, That $185,000,000 shall be available for urban empowerment
zones, as authorized by the Taxpayer Relief Act of 1997, including
$12,333,333 for each empowerment zone.
community development fund
For an additional amount for ``Community development fund'',
$66,128,000 to remain available until September 30, 2003.
The referenced statement of the managers in the seventh undesignated
paragraph under this heading in title II of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001 (Public Law 106-377) is deemed to be amended by
striking ``West Dallas neighborhoods'' in reference to improvement
efforts by the Pleasant Wood/Pleasant Grove Community Development
Corporation, and inserting ``the Pleasant Grove area'' in lieu thereof.
The unobligated amount appropriated in the third paragraph under the
heading ``Community development block grants'' in chapter 8 of title II
of the Emergency Supplemental Act, 2000 (Public Law 106-246) for a grant
to the City of Hamlet, North Carolina, for demolition and removal of
buildings and equipment destroyed by fire shall remain available until
September 30, 2002, for a grant for such purpose to the County of
Richmond, North Carolina.
[[Page 114 STAT. 2763A-213]]
The seventh paragraph under this heading in title II of Public Law
106-377 is amended by striking ``$292,000,000'' and inserting in lieu
thereof ``$358,128,000'': Provided, That such funds shall be available
for grants for the Economic Development Initiative (EDI) to finance a
variety of targeted economic investments in accordance with the terms
and conditions specified in the statement of managers accompanying this
conference report.
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions
community development financial institutions
fund program account
Under this heading in Public Law 106-377, strike ``$8,750,000 may be
used for administrative expenses,'' and insert ``$9,750,000 may be used
for administrative expenses, including administration of the New Markets
Tax Credit and Individual Development Accounts,''.
Environmental Protection Agency
science and technology
For an additional amount for ``Science and technology'', $1,000,000
for continuation of the South Bronx Air Pollution Study being conducted
by New York University.
environmental programs and management
The statement of the managers under this heading in title III of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2001 (Public Law 106-377) is
deemed to be amended by inserting the word ``Valley'' after the words
``San Bernardino'' in reference to a project identified as number 104 in
such statement of the managers.
state and tribal assistance grants
Grants appropriated under this heading in Public Law 106-74 and
Public Law 106-377 for drinking water infrastructure needs in the New
York City watershed shall be awarded under section 1443(d) of the Safe
Drinking Water Act, as amended.
The referenced statement of the managers under this heading in
Public Law 106-377 is deemed to be amended by striking all after the
words ``City of Liberty'' in reference to item number 78, and inserting
the words ``Town of Versailles, Indiana for wastewater infrastructure
improvements''.
Under this heading in title III of Public Law 106-377, strike
``$335,740,000'' and insert ``$356,370,000'': Provided, That such funds
shall be for making grants for the construction of wastewater and water
treatment facilities and groundwater protection infrastructure in
accordance with the terms and conditions specified for such grants in
the statement of managers accompanying Public Law 106-377 and this
conference report.
[[Page 114 STAT. 2763A-214]]
Federal Emergency Management Agency
emergency management planning and assistance
For an additional amount for ``Emergency management planning and
assistance'', $100,000,000, to remain available through September 30,
2001, for programs as authorized by section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), as amended.
CHAPTER 14
General Provisions--This Division
Sec. 1401. H. Con. Res. 234 of the 106th Congress, as adopted by the
House of Representatives on November 18, 1999, shall be considered to
have been adopted by the Senate.
Sec. 1402. Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any report
required to be submitted under any of the following provisions of law:
(1) Sections 1105(a), 1106(a) and (b), and 1109(a) of title
31, United States Code, and any other law relating to the budget
of the United States Government.
(2) The Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 900 et seq.).
(3) Sections 202(e)(1) and (3) of the Congressional Budget
Act of 1974 (2 U.S.C. 602(e)(1) and (3)).
(4) Section 1014(e) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 685(e)).
Sec. 1403. (a) Government-Wide Rescissions.--There is hereby
rescinded an amount equal to 0.22 percent of the discretionary budget
authority provided (or obligation limit imposed) for fiscal year 2001 in
this or any other Act for each department, agency, instrumentality, or
entity of the Federal Government, except for those programs, projects,
and activities which are specifically exempted elsewhere in this
provision: Provided, That this exact reduction percentage shall be
applied on a pro rata basis only to each program, project, and activity
subject to the rescission.
(b) Restrictions.--This reduction shall not be applied to the
amounts appropriated in title I of Public Law 106-259: Provided, That
this reduction shall not be applied to the amounts appropriated in
division B of Public Law 106-246: Provided further, That this reduction
shall not be applied to the amounts appropriated under the Departments
of Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2001, as contained in this Act, or in prior Acts.
(c) Report.--The Director of the Office of Management and Budget
shall include in the President's budget submitted for fiscal year 2002 a
report specifying the reductions made to each account pursuant to this
section.
DIVISION B
TITLE I
Sec. 101. Eligibility of Private Organizations Under Child and Adult
Care Food Program. (a) Section 17(a)(2)(B) of the
[[Page 114 STAT. 2763A-215]]
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)(B))
is amended by striking ``children for which the'' and inserting
``children, if--
``(i) during the period beginning on the date
of enactment of this clause and ending on
September 30, 2001, at least 25 percent of the
children served by the organization meet the
income eligibility criteria established under
section 9(b) for free or reduced price meals; or
``(ii) the''.
(b) Emergency Requirement.--
(1) In general.--The entire amount necessary to carry out
this section shall be available only to the extent that an
official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
(2) Designation.--The entire amount necessary to carry out
this section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 102. Summer Food Pilot Projects. (a) Section 18 of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by
adding at the end the following:
``(f ) Summer Food Pilot Projects.--
``(1) Definition of eligible state.--In this subsection, the
term `eligible State' means a State in which (based on data
available in July 2000)--
``(A) the percentage obtained by dividing--
``(i) the sum of--
``(I) the average daily number of
children attending the summer food
service program in the State in July
1999; and
``(II) the average daily number of
children receiving free or reduced price
meals under the school lunch program in
the State in July 1999; by
``(ii) the average daily number of children
receiving free or reduced price meals under the
school lunch program in the State in March 1999;
is less than 50 percent of
``(B) the percentage obtained by dividing--
``(i) the sum of--
``(I) the average daily number of
children attending the summer food
service program in all States in July
1999; and
``(II) the average daily number of
children receiving free or reduced price
meals under the school lunch program in
all States in July 1999; by
``(ii) the average daily number of children
receiving free or reduced price meals under the
school lunch program in all States in March 1999.
``(2) Pilot projects.--During the period of fiscal years
2001 through 2003, the Secretary shall carry out a summer food
pilot project in each eligible State to increase the number
[[Page 114 STAT. 2763A-216]]
of children participating in the summer food service program in
the State.
``(3) Support levels for service institutions.--
``(A) Food service.--Under the pilot project, a
service institution (other than a service institution
described in section 13(a)(7)) in an eligible State
shall receive the maximum amounts for food service under
section 13(b)(1) without regard to the requirement under
section 13(b)(1)(A) that payments shall equal the full
cost of food service operations.
``(B) Administrative costs.--Under the pilot
project, a service institution (other than a service
institution described in section 13(a)(7)) in an
eligible State shall receive the maximum amounts for
administrative costs determined by the Secretary under
section 13(b)(4) without regard to the requirement under
section 13(b)(3) that payments to service institutions
shall equal the full amount of State-approved
administrative costs incurred.
``(C) Compliance.--A service institution that
receives assistance under this subsection shall comply
with all provisions of section 13 other than subsections
(b)(1)(A) and (b)(3) of section 13.
``(4) Maintenance of effort.--Expenditures of funds from
State and local sources for maintenance of a summer food service
program shall not be diminished as a result of assistance from
the Secretary received under this subsection.
``(5) Evaluation of pilot projects.--
``(A) In general.--The Secretary, acting through the
Administrator of the Food and Nutrition Service, shall
conduct an evaluation of the pilot project.
``(B) Content.--An evaluation under this paragraph
shall describe--
``(i) any effect on participation by children
and service institutions in the summer food
service program in the eligible State in which the
pilot project is carried out;
``(ii) any effect of the pilot project on the
quality of the meals and supplements served in the
eligible State in which the pilot project is
carried out; and
``(iii) any effect of the pilot project on
program integrity.
``(6) Reports.--
``(A) Interim report.--Not later than December 1,
2002, the Secretary shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an interim report
that describes the status of, and any progress made
by, each pilot project being carried out under this subsection as of the
date of submission of the report.
``(B) Final report.--Not later than April 30, 2004,
the Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of
the Senate a final report that includes--
``(i) the evaluations completed by the
Secretary under paragraph (5); and
[[Page 114 STAT. 2763A-217]]
``(ii) any recommendations of the Secretary
concerning the pilot projects.''.
(b) Emergency Requirement.--
(1) In general.--The entire amount necessary to carry out
this section shall be available only to the extent that an
official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
(2) Designation.--The entire amount necessary to carry out
this section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 103. (a) In General.--The Secretary of the Interior shall
conduct a feasibility study for a Sacramento River, California,
diversion project that is consistent with the Water Forum Agreement
among the members of the Sacramento, California, Water Forum dated April
24, 2000, and that considers--
(1) consolidation of several of the Natomas Central Mutual
Water Company's diversions;
(2) upgrading fish screens at the consolidated diversion;
(3) the diversion of 35,000 acre feet of water by the Placer
County Water Agency;
(4) the diversion of 29,000 acre feet of water for delivery
to the Northridge Water District;
(5) the potential to accommodate other diversions of water
from the Sacramento River, subject to additional negotiations
and agreement among Water Forum signatories and potentially
affected parties upstream on the Sacramento River; and
(6) an inter-tie between the diversions referred to in
paragraphs (3), (4), and (5) with the Northridge Water
District's pipeline that delivers water from the American River.
(b) Required Components.--The feasibility study shall include--
(1) the development of a range of reasonable options;
(2) an environmental evaluation; and
(3) consultation with Federal and State resource management
agencies regarding potential impacts and mitigation measures.
(c) Water Supply Impact Alternatives.--The study authorized by this
section shall include a range of alternatives, all of which would
investigate options that could reduce to insignificance any water supply
impact on water users in the Sacramento River watershed, including
Central Valley Project contractors, from any delivery of water out of
the Sacramento River as referenced in subsection (a). In evaluating the
alternatives, the study shall consider water supply alternatives that
would increase water supply for, or in, the Sacramento River watershed.
The study should be coordinated with the CALFED program and take
advantage of information already developed within that program to
investigate water supply increase alternatives. Where the alternatives
evaluated are in addition to or different from the existing CALFED
alternatives, such information should be clearly identified.
(d) Habitat Management Planning Grants.--The Secretary of the
Interior, subject to the availability of appropriations, is authorized
and directed to provide grants to support local habitat management
planning efforts undertaken as part of the consultation
[[Page 114 STAT. 2763A-218]]
described in subsection (b)(3) in the form of matching funds up to
$5,000,000.
(e) Report.--The Secretary of the Interior shall provide a report to
the Committee on Resources of the United States House of Representatives
and to the Committee on Energy and Natural Resources of the United
States Senate within 24 months from the date of enactment of this Act on
the results of the study identified in subsection (a).
(f ) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
$10,000,000, which may remain available until expended, of which--
(1) $5,000,000 shall be for the feasibility study under
subsection (a); and
(2) $5,000,000 shall be for the habitat management planning
grants under subsection (d).
(g) Limitation on Construction.--This section does not and shall not
be interpreted to authorize construction of any facilities.
Sec. 104. Ten- and Fifteen-Mile Bayous, Arkansas. The project for
flood control, Saint Francis River Basin, Missouri and Arkansas,
authorized by section 204 of the Flood Control Act of 1950 (64 Stat.
172), is modified to expand the boundaries of the project to include
Ten- and Fifteen-Mile Bayous near West Memphis, Arkansas.
Notwithstanding section 103(f ) of the Water Resources Development Act
of 1986 (100 Stat. 4086), the flood control work at Ten- and Fifteen-
Mile Bayous shall not be considered separable elements of the project.
Sec. 105. In accordance with section 102(l) of the Water Resources
Development Act of 1990 (104 Stat. 4613), the Secretary of the Army,
acting through the Chief of Engineers, is authorized and directed to
enter into an agreement to permit the City of Alton, Illinois to
construct the authorized recreational facilities and to reimburse the
City of Alton, Illinois for the Federal share of these cost-shared
recreation facilities as usable segments are completed.
Sec. 106. Truckee Watershed Reclamation Project. (a)
Authorization.--The Secretary of the Interior, in cooperation with
Washoe County, Nevada, may participate in the design, planning, and
construction of the Truckee watershed reclamation project, consisting of
the North Valley reuse project and the Spanish Springs Valley septic
conversion project, to reclaim and reuse wastewater (including degraded
groundwater) within and without the service area of Washoe County,
Nevada.
(b) Cost Share.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
(c) Limitation.--Funds provided by the Secretary shall not be used
for the operation or maintenance of the project described in subsection
(a).
(d) Reclamation Wastewater and Groundwater Study and Facilities
Act.--
(1) Design, planning, and construction.--Design, planning,
and construction of the project described in subsection (a)
shall be in accordance with, and subject to the limitations
contained in, the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.).
[[Page 114 STAT. 2763A-219]]
(2) Funding.--Funds made available under section 1631 of the
Reclamation Wastewater and Groundwater Study and Facilities Act
(43 U.S.C. 390h-13) may be used to pay the Federal share of the
cost of the project.
Sec. 107. The project for navigation, Tampa Harbor, Florida,
authorized by section 4 of the Rivers and Harbors Act of September 22,
1922 (42 Stat. 1042), is modified to authorize the Secretary of the Army
to deepen and widen the Alafia Channel in accordance with the plans
described in the Draft Feasibility Report, Alafia River, Tampa Harbor,
Florida, dated May 2000, at a total cost of $61,592,000, with an
estimated Federal cost of $39,621,000 and an estimated non-Federal cost
of $21,971,000.
Sec. 108. Environmental Infrastructure. (a) Technical, Planning, and
Design Assistance.--Section 219(c) of the Water Resources Development
Act of 1992 (106 Stat. 4835) is amended by adding at the end the
following:
``(19) Marana, arizona.--Wastewater treatment and
distribution infrastructure, Marana, Arizona.
``(20) Eastern arkansas enterprise community, arkansas.--
Water-related infrastructure, Eastern Arkansas Enterprise
Community, Cross, Lee, Monroe, and St. Francis Counties,
Arkansas.
``(21) Chino hills, california.--Storm water and sewage
collection infrastructure, Chino Hills, California.
``(22) Clear lake basin, california.--Water-related
infrastructure and resource protection, Clear Lake Basin,
California.
``(23) Desert hot springs, california.--Resource protection
and wastewater infrastructure, Desert Hot Springs, California.
``(24) Eastern municipal water district, california.--
Regional water-related infrastructure, Eastern Municipal Water
District, California.
``(25) Huntington beach, california.--Water supply and
wastewater infrastructure, Huntington Beach, California.
``(26) Inglewood, california.--Water infrastructure,
Inglewood, California.
``(27) Los osos community service district, california.--
Wastewater infrastructure, Los Osos Community Service District,
California.
``(28) Norwalk, california.--Water-related infrastructure,
Norwalk, California.
``(29) Key biscayne, florida.--Sanitary sewer
infrastructure, Key Biscayne, Florida.
``(30) South tampa, florida.--Water supply and aquifer
storage and recovery infrastructure, South Tampa, Florida.
``(31) Fort wayne, indiana.--Combined sewer overflow
infrastructure and wetlands protection, Fort Wayne, Indiana.
``(32) Indianapolis, indiana.--Combined sewer overflow
infrastructure, Indianapolis, Indiana.
``(33) St. charles, st. bernard, and plaquemines parishes,
louisiana.--Water and wastewater infrastructure, St. Charles,
St. Bernard, and Plaquemines Parishes, Louisiana.
``(34) St. john the baptist and st. james parishes,
louisiana.--Water and sewer improvements, St. John the Baptist
and St. James Parishes, Louisiana.
``(35) Union county, north carolina.--Water infrastructure,
Union County, North Carolina.
[[Page 114 STAT. 2763A-220]]
``(36) Hood river, oregon.--Water transmission
infrastructure, Hood River, Oregon.
``(37) Medford, oregon.--Sewer collection infrastructure,
Medford, Oregon.
``(38) Portland, oregon.--Water infrastructure and resource
protection, Portland, Oregon.
``(39) Coudersport, pennsylvania.--Sewer system extensions
and improvements, Coudersport, Pennsylvania.
``(40) Park city, utah.--Water supply infrastructure, Park
City, Utah.''.
(b) Authorization of Appropriations for Technical, Planning, and
Design Assistance.--Section 219(d) of the Water Resources Development
Act of 1992 (106 Stat. 4836) is amended by striking ``$5,000,000'' and
inserting ``$30,000,000''.
(c) Modification of Authorizations for Environmental Projects.--
Section 219 of the Water Resources Development Act of 1992 (106 Stat.
4835; 106 Stat. 3757; 113 Stat. 334) is amended--
(1) in subsection (e)(6) by striking ``$20,000,000'' and
inserting ``$30,000,000'';
(2) in subsection (f )(4) by striking ``$15,000,000'' and
inserting ``$35,000,000'';
(3) in subsection (f )(21) by striking ``$10,000,000'' and
inserting ``$20,000,000'';
(4) in subsection (f )(25) by striking ``$5,000,000'' and
inserting ``$15,000,000'';
(5) in subsection (f )(30) by striking ``$10,000,000'' and
inserting ``$20,000,000'';
(6) in subsection (f )(43) by striking ``$15,000,000'' and
inserting ``$35,000,000''.
(d) Additional Assistance for Critical Resource Projects.--Section
219(f ) of the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335) is amended by adding at the end the following:
``(45) Washington, d.c., and maryland.--$15,000,000 for the
project described in subsection (c)(1), modified to include
measures to eliminate or control combined sewer overflows in the
Anacostia River watershed.
``(46) Duck river, cullman, alabama.--$5,000,000 for water
supply infrastructure, Duck River, Cullman, Alabama.
``(47) Union county, arkansas.--$52,000,000 for water supply
infrastructure, including facilities for withdrawal, treatment,
and distribution, Union County, Arkansas.
``(48) Cambria, california.--$10,300,000 for desalination
infrastructure, Cambria, California.
``(49) Los angeles harbor/terminal island, california.--
$6,500,000 for wastewater recycling infrastructure, Los Angeles
Harbor/Terminal Island, California.
``(50) North valley region, lancaster, california.--
$14,500,000 for water infrastructure, North Valley Region,
Lancaster, California.
``(51) San diego county, california.--$10,000,000 for water-
related infrastructure, San Diego County, California.
``(52) South perris, california.--$25,000,000 for water
supply desalination infrastructure, South Perris, California.
``(53) Aurora, illinois.--$8,000,000 for wastewater
infrastructure to reduce or eliminate combined sewer overflows,
Aurora, Illinois.
[[Page 114 STAT. 2763A-221]]
``(54) Cook county, illinois.--$35,000,000 for water-related
infrastructure and resource protection and development, Cook
County, Illinois.
``(55) Madison and st. clair counties, illinois.--
$10,000,000 for water and wastewater assistance, Madison and St.
Clair Counties, Illinois.
``(56) Iberia parish, louisiana.--$5,000,000 for water and
wastewater infrastructure, Iberia Parish, Louisiana.
``(57) Kenner, louisiana.--$5,000,000 for wastewater
infrastructure, Kenner, Louisiana.
``(58) Benton harbor, michigan.--$1,500,000 for water-
related infrastructure, City of Benton Harbor, Michigan.
``(59) Genesee county, michigan.--$6,700,000 for wastewater
infrastructure assistance to reduce or eliminate sewer
overflows, Genesee County, Michigan.
``(60) Negaunee, michigan.--$10,000,000 for wastewater
infrastructure assistance, City of Negaunee, Michigan.
``(61) Garrison and kathio township, minnesota.--$11,000,000
for a wastewater infrastructure project for the city of Garrison
and Kathio Township, Minnesota.
``(62) Newton, new jersey.--$7,000,000 for water filtration
infrastructure, Newton, New Jersey.
``(63) Liverpool, new york.--$2,000,000 for water
infrastructure, including a pump station, Liverpool, New York.
``(64) Stanly county, north carolina.--$8,900,000 for
wastewater infrastructure, Stanly County, North Carolina.
``(65) Yukon, oklahoma.--$5,500,000 for water-related
infrastructure, including wells, booster stations, storage
tanks, and transmission lines, Yukon, Oklahoma.
``(66) Allegheny county, pennsylvania.--$20,000,000 for
water-related environmental infrastructure, Allegheny County,
Pennsylvania.
``(67) Mount joy township and conewago township,
pennsylvania.--$8,300,000 for water and wastewater
infrastructure, Mount Joy Township and Conewago Township,
Pennsylvania.
``(68) Phoenixville borough, chester county, pennsylvania.--
$2,400,000 for water and sewer infrastructure, Phoenixville
Borough, Chester County, Pennsylvania.
``(69) Titusville, pennsylvania.--$7,300,000 for storm water
separation and treatment plant upgrades, Titusville,
Pennsylvania.
``(70) Washington, greene, westmoreland, and fayette
counties, pennsylvania.--$8,000,000 for water and wastewater
infrastructure, Washington, Greene, Westmoreland, and Fayette
Counties, Pennsylvania.''.
Sec. 109. Florida Keys Water Quality Improvements. (a) In General.--
In coordination with the Florida Keys Aqueduct Authority, appropriate
agencies of municipalities of Monroe County, Florida, and other
appropriate public agencies of the State of Florida or Monroe County,
the Secretary of the Army may provide technical and financial assistance
to carry out projects for the planning, design, and construction of
treatment works to improve water quality in the Florida Keys National
Marine Sanctuary.
(b) Criteria for Projects.--Before entering into a cooperation
agreement to provide assistance with respect to a project under this
section, the Secretary shall ensure that--
[[Page 114 STAT. 2763A-222]]
(1) the non-Federal sponsor has completed adequate planning
and design activities, as applicable;
(2) the non-Federal sponsor has completed a financial plan
identifying sources of non-Federal funding for the project;
(3) the project complies with--
(A) applicable growth management ordinances of
Monroe County, Florida;
(B) applicable agreements between Monroe County,
Florida, and the State of Florida to manage growth in
Monroe County, Florida; and
(C) applicable water quality standards; and
(4) the project is consistent with the master wastewater and
storm water plans for Monroe County, Florida.
(c) Consideration.--In selecting projects under subsection (a), the
Secretary shall consider whether a project will have substantial water
quality benefits relative to other projects under consideration.
(d) Consultation.--In carrying out this section, the Secretary shall
consult with--
(1) the Water Quality Steering Committee established under
section 8(d)(2)(A) of the Florida Keys National Marine Sanctuary
and Protection Act (106 Stat. 5054);
(2) the South Florida Ecosystem Restoration Task Force
established by section 528(f ) of the Water Resources
Development Act of 1996 (110 Stat. 3771-3773);
(3) the Commission on the Everglades established by
executive order of the Governor of the State of Florida; and
(4) other appropriate State and local government officials.
(e) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of a
project carried out under this section shall be 35 percent.
(2) Credit.--
(A) In general.--The Secretary may provide the non-
Federal interest credit toward cash contributions
required--
(i) before and during the construction of the
project, for the costs of planning, engineering,
and design, and for the construction management
work that is performed by the non-Federal interest
and that the Secretary determines is necessary to
implement the project; and
(ii) during the construction of the project,
for the construction that the non-Federal interest
carries out on behalf of the Secretary and that
the Secretary determines is necessary to carry out
the project.
(B) Treatment of credit between projects.--Any
credit provided under this paragraph may be carried over
between authorized projects.
(f ) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000. Such sums shall
remain available until expended.
Sec. 110. San Gabriel Basin, California. (a) San Gabriel Basin
Restoration.--
(1) Establishment of fund.--There shall be established
within the Treasury of the United States an interest bearing
account to be known as the San Gabriel Basin Restoration Fund
(in this section referred to as the ``Restoration Fund'').
[[Page 114 STAT. 2763A-223]]
(2) Administration of fund.--The Restoration Fund shall be
administered by the Secretary of the Army, in cooperation with
the San Gabriel Basin Water Quality Authority or its successor
agency.
(3) Purposes of fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Restoration Fund, including interest
accrued, shall be utilized by the Secretary--
(i) to design and construct water quality
projects to be administered by the San Gabriel
Basin Water Quality Authority and the Central
Basin Water Quality Project to be administered by
the Central Basin Municipal Water District; and
(ii) to operate and maintain any project
constructed under this section for such period as
the Secretary determines, but not to exceed 10
years, following the initial date of operation of
the project.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not
obligate any funds appropriated to the Restoration
Fund in a fiscal year until the Secretary has
deposited in the Fund an amount provided by non-
Federal interests sufficient to ensure that at
least 35 percent of any funds obligated by the
Secretary are from funds provided to the Secretary
by the non-Federal interests.
(ii) Non-federal responsibility.--The San
Gabriel Basin Water
Quality Authority shall be responsible for providing the non-Federal
amount required by clause (i). The State of California, local government
agencies, and private entities may provide all or any portion of such
amount.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section shall
be construed to affect other Federal or State authorities that are being
used or may be used to facilitate the cleanup and protection of the San
Gabriel and Central groundwater basins. In carrying out the activities
described in this section, the Secretary shall integrate such activities
with ongoing Federal and State projects and activities. None of the
funds made available for such activities pursuant to this section shall
be counted against any Federal authorization ceiling established for any
previously authorized Federal projects or activities.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a)
$85,000,000. Such funds shall remain available until expended.
(2) Set-aside.--Of the amounts appropriated under paragraph
(1), no more than $10,000,000 shall be available to carry out
the Central Basin Water Quality Project.
(e) Adjustment.--Of the $25,000,000 made available for San Gabriel
Basin Groundwater Restoration, California, under the heading
``Construction, General'' in title I of the Energy and Water Development
Appropriations Act, 2001--
(1) $2,000,000 shall be available only for studies and other
investigative activities and planning and design of projects
[[Page 114 STAT. 2763A-224]]
determined by the Secretary to offer a long-term solution to the
problem of groundwater contamination caused by perchlorates at
sites located in the city of Santa Clarita, California; and
(2) $23,000,000 shall be deposited in the Restoration Fund,
of which $4,000,000 shall be used for remediation in the Central
Basin, California.
Sec. 111. Perchlorate. (a) In General.--The Secretary of the Army,
in cooperation with Federal, State, and local government agencies, may
participate in studies and other investigative activities and in the
planning and design of projects determined by the Secretary to offer a
long-term solution to the problem of groundwater contamination caused by
perchlorates.
(b) Investigations and Projects.--
(1) Bosque and leon rivers.--The Secretary, in coordination
with other Federal agencies and the Brazos River Authority,
shall participate under subsection (a) in investigations and
projects in the Bosque and Leon Rivers watersheds in Texas to
assess the impact of the perchlorate associated with the former
Naval ``Weapons Industrial Reserve Plant'' at McGregor, Texas.
(2) Caddo lake.--The Secretary, in coordination with other
Federal agencies and the Northeast Texas Municipal Water
District, shall participate under subsection (a) in
investigations and projects relating to perchlorate
contamination in Caddo Lake, Texas.
(3) Eastern santa clara basin.--The Secretary, in
coordination with other Federal, State, and local government
agencies, shall participate under subsection (a) in
investigations and projects related to sites that are sources of
perchlorates and that are located in the city of Santa Clarita,
California.
(c) Authorization of Appropriations.--For the purposes of carrying
out this section, there is authorized to be appropriated to the
Secretary $25,000,000, of which not to exceed $8,000,000 shall be
available to carry out subsection (b)(1), not to exceed $3,000,000 shall
be available to carry out subsection (b)(2), and not to exceed
$7,000,000 shall be available to carry out subsection (b)(3).
Sec. 112. Wet Weather Water Quality. (a) Combined Sewer Overflows.--
Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342)
is amended by adding at the end the following:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits, orders, and decrees.--Each
permit, order, or decree issued pursuant to this Act after the
date of enactment of this subsection for a discharge from a
municipal combined storm and sanitary sewer shall conform to the
Combined Sewer Overflow Control Policy signed by the
Administrator on April 11, 1994 (in this subsection referred to
as the `CSO control policy').
``(2) Water quality and designated use review guidance.--Not
later than July 31, 2001, and after providing notice and
opportunity for public
comment, the Administrator shall issue guidance to facilitate the
conduct of water quality and designated use reviews for municipal
combined sewer overflow receiving waters.
``(3) Report.--Not later than September 1, 2001, the
Administrator shall transmit to Congress a report on the
[[Page 114 STAT. 2763A-225]]
progress made by the Environmental Protection Agency, States,
and municipalities in implementing and enforcing the CSO control
policy.''.
(b) Wet Weather Pilot Program.--Title I of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at
the end the following:
``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.
``(a) In General.--The Administrator, in coordination with the
States, may provide technical assistance and grants for treatment works
to carry out pilot projects relating to the following areas of wet
weather discharge control:
``(1) Watershed management of wet weather discharges.--The
management of municipal combined sewer overflows, sanitary sewer
overflows, and stormwater discharges, on an integrated watershed
or subwatershed basis for the purpose of demonstrating the
effectiveness of a unified wet weather approach.
``(2) Stormwater best management practices.--The control of
pollutants from municipal separate storm sewer systems for the
purpose of demonstrating and determining controls that are cost-
effective and that use innovative technologies in reducing such
pollutants from stormwater discharges.
``(b) Administration.--The Administrator, in coordination with the
States, shall provide municipalities participating in a pilot project
under this section the ability to engage in innovative practices,
including the ability to unify separate wet weather control efforts
under a single permit.
``(c) Funding.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for fiscal year 2002,
$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal
year 2004. Such funds shall remain available until expended.
``(2) Stormwater.--The Administrator shall make available
not less than 20 percent of amounts appropriated for a fiscal
year pursuant to this subsection to carry out the purposes of
subsection (a)(2).
``(3) Administrative expenses.--The Administrator may retain
not to exceed 4 percent of any amounts appropriated for a fiscal
year pursuant to this subsection for the reasonable and
necessary costs of administering this section.
``(d) Report to Congress.--Not later than 5 years after the date of
enactment of this section, the Administrator shall transmit to Congress
a report on the results of the pilot projects conducted under this
section and their possible application nationwide.''.
(c) Sewer Overflow Control Grants.--Title II of the Federal Water
Pollution Control Act (33 U.S.C. 1342 et seq.) is amended by adding at
the end the following:
``SEC. 221. SEWER OVERFLOW CONTROL GRANTS.
``(a) In General.--In any fiscal year in which the Administrator has
available for obligation at least $1,350,000,000 for the purposes of
section 601--
``(1) the Administrator may make grants to States for the
purpose of providing grants to a municipality or municipal
entity for planning, design, and construction of treatment works
to intercept, transport, control, or treat municipal combined
sewer overflows and sanitary sewer overflows; and
[[Page 114 STAT. 2763A-226]]
``(2) subject to subsection (g), the Administrator may make
a direct grant to a municipality or municipal entity for the
purposes described in paragraph (1).
``(b) Prioritization.--In selecting from among municipalities
applying for grants under subsection (a), a State or the Administrator
shall give priority to an applicant that--
``(1) is a municipality that is a financially distressed
community under subsection (c);
``(2) has implemented or is complying with an implementation
schedule for the nine minimum controls specified in the CSO
control policy referred to in section 402(q)(1) and has begun
implementing a long-term municipal combined sewer overflow
control plan or a separate sanitary sewer overflow control plan;
``(3) is requesting a grant for a project that is on a
State's intended use plan pursuant to section 606(c); or
``(4) is an Alaska Native Village.
``(c) Financially Distressed Community.--
``(1) Definition.--In subsection (b), the term `financially
distressed community' means a community that meets affordability
criteria established by
the State in which the community is located, if such criteria are
developed after public review and comment.
``(2) Consideration of impact on water and sewer rates.--In
determining if a community is a distressed community for the
purposes of subsection (b), the State shall consider, among
other factors, the extent to which the rate of growth of a
community's tax base has been historically slow such that
implementing a plan described in subsection (b)(2) would result
in a significant increase in any water or sewer rate charged by
the community's publicly owned wastewater treatment facility.
``(3) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (1).
``(d) Cost-Sharing.--The Federal share of the cost of activities
carried out using amounts from a grant made under subsection (a) shall
be not less than 55 percent of the cost. The non-Federal share of the
cost may include, in any amount, public and private funds and in-kind
services, and may include, notwithstanding section 603(h), financial
assistance, including loans, from a State water pollution control
revolving fund.
``(e) Administrative Reporting Requirements.--If a project receives
grant assistance under subsection (a) and loan assistance from a State
water pollution control revolving fund and the loan assistance is for 15
percent or more of the cost of the project, the project may be
administered in accordance with State water pollution control revolving
fund administrative reporting requirements for the purposes of
streamlining such requirements.
``(f ) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000,000 for each of fiscal
years 2002 and 2003. Such sums shall remain available until expended.
``(g) Allocation of Funds.--
``(1) Fiscal year 2002.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry
[[Page 114 STAT. 2763A-227]]
out this section for fiscal year 2002 for making grants to
municipalities and municipal entities under subsection (a)(2),
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2003.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2003 as follows:
``(A) Not to exceed $250,000,000 for making grants
to municipalities and municipal entities under
subsection (a)(2), in accordance with the criteria set
forth in subsection (b).
``(B) All remaining amounts for making grants to
States under subsection (a)(1), in accordance with a
formula to be established by the Administrator, after
providing notice and an opportunity for public comment,
that allocates to each State a proportional share of
such amounts based on the total needs of the State for
municipal combined sewer overflow controls and sanitary
sewer overflow controls identified in the most recent
survey conducted pursuant to section 516(b)(1).
``(h) Administrative Expenses.--Of the amounts appropriated to carry
out this section for each fiscal year--
``(1) the Administrator may retain an amount not to exceed 1
percent for the reasonable and necessary costs of administering
this section; and
``(2) the Administrator, or a State, may retain an amount
not to exceed 4 percent of any grant made to a municipality or
municipal entity under subsection (a), for the reasonable and
necessary costs of administering the grant.
``(i) Reports.--Not later than December 31, 2003, and periodically
thereafter, the Administrator shall transmit to Congress a report
containing recommended funding levels for grants under this section. The
recommended funding levels shall be sufficient to ensure the continued
expeditious implementation of municipal combined sewer overflow and
sanitary sewer overflow controls nationwide.''.
(d) Information on CSOS and SSOS.--
(1) Report to congress.--Not later than 3 years after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall transmit to Congress a
report summarizing--
(A) the extent of the human health and environmental
impacts caused by municipal combined sewer overflows and
sanitary sewer overflows, including the location of
discharges causing such impacts, the volume of
pollutants discharged, and the constituents discharged;
(B) the resources spent by municipalities to address
these impacts; and
(C) an evaluation of the technologies used by
municipalities to address these impacts.
(2) Technology clearinghouse.--After transmitting a report
under paragraph (1), the Administrator shall maintain a
clearinghouse of cost-effective and efficient technologies for
addressing human health and environmental impacts due to
municipal combined sewer overflows and sanitary sewer overflows.
[[Page 114 STAT. 2763A-228]]
Sec. 113. Fish Passage Devices at New Savannah Bluff Lock and Dam,
South Carolina. Section 348(l)(2) of the Water Resources Development Act
of 2000 is amended--
(1) in subparagraph (A), by striking ``Dam, at Federal
expense of an estimated $5,300,000'' and inserting ``Dam and
construct appropriate fish passage devices at the Dam, at
Federal expense''; and
(2) in subparagraph (B), by striking ``after repair and
rehabilitation,'' and inserting ``after carrying out
subparagraph (A),''.
Sec. 114. (a) Extinguishment of Reversionary Interests and Use
Restrictions.--With respect to the lands described in the deed described
in subsection (b)--
(1) the reversionary interests and the use restrictions
relating to port or industrial purposes are extinguished;
(2) the human habitation or other building structure use
restriction is extinguished in each area where the elevation is
above the standard project flood elevation; and
(3) the use of fill material to raise areas above the
standard project flood elevation, without increasing the risk of
flooding in or outside of the floodplain, is authorized, except
in any area constituting wetland for which a permit under
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344) would be required.
(b) Affected Deed.--The deed referred to is the deed recorded
October 17, 1967, in book 291, page 148, Deed of Records of Umatilla
County, Oregon, executed by the United States.
Sec. 115. Murrieta Creek, California. Section 101(b)(6) of the Water
Resources Development Act of 2000 is repealed.
Sec. 116. Penn Mine, Calaveras County, California. (a) In General.--
The Secretary of the Army shall reimburse East Bay Municipal Water
District for the project for aquatic ecosystem restoration, Penn Mine,
Calaveras County, California, carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330), $4,100,000 for the
Federal share of costs incurred by East Bay Municipal Utility District
for work carried out by East Bay Municipal Utility District for the
project. Such amounts shall be made available within 90 days of
enactment of this provision.
(b) Source of Funding.--Reimbursement under subsection (a) shall be
from amounts appropriated before the date of enactment of this Act for
the project described in subsection (a).
Sec. 117. The project for flood control, Greers Ferry Lake,
Arkansas, authorized by the Rivers and Harbors Act of June 28, 1938 (52
Stat. 1218), is modified to authorize the Secretary of the Army to
construct intake facilities for the benefit of Lonoke and White
Counties, Arkansas.
Sec. 118. The project for flood control, Chehalis River and
Tributaries, Washington, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4126), is modified to
authorize the Secretary of the Army to provide the non-Federal interest
credit toward the non-Federal share of the cost of the project the cost
of planning, design, and construction work carried out by the non-
Federal interest before the date of execution of a cooperation agreement
for the project if the Secretary determines that the work is integral to
the project.
[[Page 114 STAT. 2763A-229]]
Sec. 119. Within the funds appropriated to the National Park Service
under the heading ``Operation of the National Park System'' in Public
Law 106-291, the Secretary of the Interior shall provide a grant of
$75,000 to the City of Ocean Beach, New York, for repair of facilities
at the Ocean Beach Pavilion at Fire Island National Seashore.
Sec. 120. The National Park Service is directed to work with Fort
Sumter Tours, Inc., the concessionaire currently providing services at
Fort Sumter National Monument in South Carolina, on an amicable solution
of the current legal dispute between the two parties. The Director of
the Service is directed to extend immediately the current contract
through March 15, 2001, to facilitate further negotiations and for 180
days if final settlement of all disputes is agreed to by both parties.
Sec. 121. Title VIII--Land Conservation, Preservation, and
Infrastructure Improvement of Public Law 106-291 is amended as follows:
after the first dollar amount insert: ``, to be derived from the Land
and Water Conservation Fund''.
Sec. 122. Gas to Liquids. Section 301(2) of the Energy Policy Act of
1992 (Public Law 102-486; 42 U.S.C. 13211(2)) is amended by inserting
``, including liquid fuels domestically produced from natural gas''
after ``natural gas''.
Sec. 124. Appalachian National Scenic Trail. (a) Acquisitions.--
(1) In general.--The Secretary of the Interior shall--
(A) negotiate agreements with landowners setting
terms and conditions for the acquisition of parcels of
land and interests in land totaling approximately 580
acres at Saddleback Mountain near Rangeley, Maine, for
the benefit of the Appalachian National Scenic Trail;
(B) complete the pending environmental compliance
process for the acquisitions; and
(C) acquire the parcels of land and interests in
land for consideration in the amount of $4,000,000 plus
closing costs customarily paid by the United States.
(2) Acceptance of donations.--The Secretary may accept as
donations parcels of land and interests in land at Saddleback
Mountain, in addition to those acquired by purchase under
paragraph (1), for the benefit of the Appalachian National
Scenic Trail.
(b) Conveyance to the State.--The Secretary shall convey to the
State of Maine a portion of the land and interests in land acquired
under subsection (a) without consideration, subject to such terms and
conditions as the Secretary and the State of Maine agree are necessary
to ensure the protection of the Appalachian National Scenic Trail.
Sec. 125. The provisions of S. 2273, as passed in the United States
Senate on October 5, 2000 and engrossed, are hereby enacted into law.
Sec. 126. Section 116(a)(1)(A) of the Illinois and Michigan Canal
National Heritage Corridor Act of 1984 (98 Stat. 1467) is amended by
striking ``$250,000'' and inserting ``$1,000,000''.
Sec. 127. The provisions of S. 2885, as passed in the United States
Senate on October 5, 2000 and engrossed, are hereby enacted into law.
Sec. 128. None of the funds provided in this or any other Act may be
used prior to July 31, 2001, to promulgate or enforce
[[Page 114 STAT. 2763A-230]]
a final rule to reduce during the 2000-2001 or 2001-2002 winter seasons
the use of snowmobiles below current use patterns at a unit in the
National Park System: Provided, That nothing in this section shall be
interpreted as amending any requirement of the Clean Air Act: Provided
further, That nothing in this section shall preclude the Secretary from
taking emergency actions related to snowmobile use in any National Park
based on authorities which existed to permit such emergency actions as
of the date of enactment of this Act.
Sec. 129. The Secretary of the Interior shall extend until March 31,
2001, the ``Extension of Standstill Agreement,'' entered into on
November 22, 1999, by the United States of America and the holders of
interests in seven campsite leases in Biscayne Bay, Miami-Dade County,
Florida collectively known as ``Stiltsville''.
Sec. 130. The Secretary of the Interior is authorized to make a
grant of $1,300,000 to the State of Minnesota or its political
subdivision from funds available to the National Park Service under the
heading ``Land Acquisition and State Assistance'' in Public Law 106-291
to cover the cost of acquisition of land in Lower Phalen Creek near St.
Paul, Minnesota in the Mississippi National River and Recreation Area.
Sec. 131. Notwithstanding any provision of law or regulation, funds
appropriated in Public Law 106-291 for a cooperative agreement for
management of George Washington's Boyhood Home, Ferry Farm, shall be
transferred to the George Washington's Fredericksburg Foundation, Inc.
(formerly known as Kenmore Association, Inc.) immediately upon signing
of the cooperative agreement.
Sec. 132. During the period beginning on the date of the enactment
of this Act and ending on June 1, 2001, funds made available to the
Secretary of the Interior may not be used to pay salaries or expenses
related to the issuance of a request for proposal related to a light
rail system to service Grand Canyon National Park.
Sec. 133. None of the funds in this or any other Act may be used by
the Secretary of the Interior to remove the five-foot-tall white cross
located within the boundary of the Mojave National Preserve in southern
California first erected in 1934 by the Veterans of Foreign Wars along
Cima Road approximately 11 miles south of Interstate 15.
Sec. 134. Section 6(g) of the Chesapeake and Ohio Canal Development
Act (16 U.S.C. 410y-4(g)) is amended by striking ``thirty'' and
inserting ``40''.
Sec. 135. Funds provided in Public Law 106-291 for Federal land
acquisition by the National Park Service in Fiscal Year 2001 for
Brandywine Battlefield, Ice Age National Scenic Trail, Mississippi
National River and Recreation Area, Shenandoah National Heritage Area,
Fallen Timbers Battlefield and Fort Miamis National Historic Site may be
used for a grant to a State, local government, or to a land management
entity for the acquisition of lands without regard to any restriction on
the use of Federal land acquisition funds provided through the Land and
Water Conservation Act of 1965.
Sec. 136. Notwithstanding any other provision of law, in accordance
with title IV--Wildland Fire Emergency Appropriations, Public Law 106-
291, from the $35,000,000 provided for community and private land fire
assistance, the Secretary of Agriculture, may use
[[Page 114 STAT. 2763A-231]]
up to $9,000,000 for advance, direct lump sum payments for assistance to
eligible individuals, businesses, or other entities, to accomplish the
purposes of providing assistance to non-Federal entities most affected
by fire. To expedite such financial assistance being provided to
eligible recipients, the lump sum payments shall not be subject to 7 CFR
3015, 3019, and 3052 related to the administration of Federal financial
assistance.
Sec. 137. (a) In General.--The first section of Public Law 91-660
(16 U.S.C. 459h) is amended--
(1) in the first sentence, by striking ``That, in'' and
inserting the following:
``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.
``(a) Establishment.--In''; and
(2) in the second sentence--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
indenting appropriately;
(B) by striking ``The seashore shall comprise'' and
inserting the following:
``(b) Composition.--
``(1) In general.--The seashore shall comprise the areas
described in paragraphs (2) and (3).
``(2) Areas included in boundary plan numbered ns-gi-
7100j.--The areas described in this paragraph are'': and
(C) by adding at the end the following:
``(3) Cat island.--Upon its acquisition by the Secretary,
the area described in this paragraph is the parcel consisting of
approximately 2,000 acres of land on Cat Island, Mississippi, as
generally depicted on the map entitled `Boundary Map, Gulf
Islands National Seashore, Cat Island, Mississippi', numbered
635/80085, and dated November 9, 1999 (referred to in this title
as the `Cat Island Map').
``(4) Availability of map.--The Cat Island Map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.''.
(b) Acquisition Authority.--Section 2 of Public Law 91-660 (16
U.S.C. 459h-1) is amended--
(1) in the first sentence of subsection (a), by striking
``lands,'' and inserting ``submerged land, land,''; and
(2) by adding at the end the following:
``(e) Acquisition Authority.--
``(1) In general.--The Secretary may acquire, from a willing
seller only--
``(A) all land comprising the parcel described in
subsection (b)(3) that is above the mean line of
ordinary high tide, lying and being situated in Harrison
County, Mississippi;
``(B) an easement over the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map for the purpose of implementing an agreement
with the owners of the parcel concerning the development
and use of the parcel; and
``(C)(i) land and interests in land on Cat Island
outside the 2,000-acre area depicted on the Cat Island
Map; and
``(ii) submerged land that lies within 1 mile
seaward of Cat Island (referred to in this title as the
`buffer zone'),
[[Page 114 STAT. 2763A-232]]
except that submerged land owned by the State of
Mississippi (or a subdivision of the State) may be
acquired only by donation.
``(2) Administration.--
``(A) In general.--Land and interests in land
acquired under this subsection shall be administered by
the Secretary, acting through the Director of the
National Park Service.
``(B) Buffer zone.--Nothing in this title or any
other provision of law shall require the State of
Mississippi to convey to the Secretary any right, title,
or interest in or to the buffer zone as a condition for
the establishment of the buffer zone.
``(3) Modification of boundary.--The boundary of the
seashore shall be modified to reflect the acquisition of land
under this subsection only after completion of the
acquisition.''.
(c) Regulation of Fishing.--Section 3 of Public Law 91-660 (16
U.S.C. 459h-2) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) No Authority To Regulate Maritime Activities.--Nothing in this
title or any other provision of law shall affect any right of the State
of Mississippi, or give the Secretary any authority, to regulate
maritime activities, including nonseashore fishing activities (including
shrimping), in any area that, on the date of enactment of this
subsection, is outside the designated boundary of the seashore
(including the buffer zone).''.
(d) Authorization of Management Agreements.--Section 5 of Public Law
91-660 (16 U.S.C. 459h-4) is amended--
(1) by inserting ``(a) In General.--'' before ``Except'';
and
(2) by adding at the end the following:
``(b) Agreements.--
``(1) In general.--The Secretary may enter into agreements--
``(A) with the State of Mississippi for the purposes
of managing resources and providing law enforcement
assistance, subject to authorization by State law, and
emergency services on or within any land on Cat Island
and any water and submerged land within the buffer zone;
and
``(B) with the owners of the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map concerning the development and use of the
land.
``(2) No authority to enforce certain regulations.--Nothing
in this subsection authorizes the Secretary to enforce Federal
regulations outside the land area within the designated boundary
of the seashore.''.
(e) Authorization of Appropriations.--Section 11 of Public Law 91-
660 (16 U.S.C. 459h-10) is amended--
(1) by inserting ``(a) In General.--'' before ``There''; and
(2) by adding at the end the following:
``(b) Authorization for Acquisition of Land.--In addition to the
funds authorized by subsection (a), there are authorized to be
appropriated such sums as are necessary to acquire land and submerged
land on and adjacent to Cat Island, Mississippi.''.
[[Page 114 STAT. 2763A-233]]
Sec. 138. Percentage Limitations on Federal Thrift Savings Plan
Contributions. (a) Amendments Relating to FERS.--
(1) In general.--Subsection (a) of section 8432 of title 5,
United States Code, is amended--
(A) by striking ``(a)'' and inserting ``(a)(1)'';
(B) by striking ``10 percent'' and all that follows
through ``period.'' and inserting ``the maximum
percentage of such employee's or Member's basic pay for
such pay period allowable under paragraph (2).''; and
(C) by adding at the end the following:
``(2) The maximum percentage allowable under this paragraph shall be
determined in accordance with the following table:
``In the case of a pay period The maximum percentage allowable is:......
in fiscal year:
2001...................................................... 11
2002...................................................... 12
2003...................................................... 13
2004...................................................... 14
2005...................................................... 15
2006 or thereafter.......................................100.''.
(2) Justices and judges.--Paragraph (2) of section 8440a(b)
of title 5, United States Code, is amended to read as follows:
``(2) The amount contributed by a justice or judge for any pay
period shall not exceed the maximum percentage of such justice's or
judge's basic pay for such pay period allowable under section 8440f.''.
(3) Bankruptcy judges and magistrates.--Paragraph (2) of
section 8440b(b) of title 5, United States Code, is amended by
striking ``5 percent'' and all that follows through ``period.''
and inserting ``the maximum percentage of such bankruptcy
judge's or magistrate's basic pay for such pay period allowable
under section 8440f.''.
(4) Court of federal claims judges.--Paragraph (2) of
section 8440c(b) of title 5, United States Code, is amended by
striking ``5 percent'' and all that follows through ``period.''
and inserting ``the maximum percentage of such judge's basic pay
for such pay period allowable under section 8440f.''.
(5) Judges of the united states court of appeals for
veterans claims.--The first sentence of section 8440d(b)(2) of
title 5, United States Code, is amended to read as follows:
``The amount contributed by a judge of the United States Court
of Appeals for Veterans Claims for any pay period may not exceed
the maximum percentage of such judge's basic pay for such pay
period allowable under section 8440f.''.
(6) Members of the uniformed services.--
(A) Basic pay.--Subparagraph (A) of section
8440e(d)(1) of title 5, United States Code, is amended
by striking ``5 percent'' and all that follows through
``period.'' and inserting ``the maximum percentage of
such member's basic pay for such pay period allowable
under section 8440f.''.
(B) Compensation.--Subparagraph (B) of section
8440e(d)(1) of title 5, United States Code, is amended
by striking ``5 percent'' and all that follows through
``period.'' and inserting ``the maximum percentage of
such member's
[[Page 114 STAT. 2763A-234]]
compensation for such pay period (received under such
section 206) allowable under section 8440f.''.
(7) Maximum percentage allowable.--
(A) In general.--Title 5, United States Code, is
amended by inserting after section 8440e the following:
``Sec. 8440f. Maximum percentage allowable for certain participants
``The maximum percentage allowable under this section shall be
determined in accordance with the following table:
``In the case of a pay period The maximum percentage allowable is:......
in fiscal year:
2001...................................................... 6
2002...................................................... 7
2003...................................................... 8
2004...................................................... 9
2005...................................................... 10
2006 or thereafter.......................................100.''.
(B) Conforming amendment.--The table of sections for
chapter 84 of title 5, United States Code, is amended by
inserting after the item relating to section 8440e the
following:
``8440f. Maximum percentage allowable for certain participants.''.
(b) Amendments Relating to CSRS.--Paragraph (2) of section 8351(b)
of title 5, United States Code, is amended--
(1) by striking ``(2)'' and inserting ``(2)(A)'';
(2) by striking ``5 percent'' and all that follows through
``period.'' and inserting ``the maximum percentage of such
employee's or Member's basic pay for such pay period allowable
under subparagraph (B).''; and
(3) by adding at the end the following:
``(B) The maximum percentage allowable under this subparagraph shall
be determined in accordance with the following table:
``In the case of a pay period The maximum percentage allowable is:......
in fiscal year:
2001...................................................... 6
2002...................................................... 7
2003...................................................... 8
2004...................................................... 9
2005...................................................... 10
2006 or thereafter.......................................100.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of enactment of this Act.
(2) Coordination with election periods.--The Executive
Director shall by regulation determine the first election period
in which elections may be made consistent with the amendments
made by this section.
(3) Definitions.--For purposes of this section--
(A) the term ``election period'' means a period
afforded under section 8432(b) of title 5, United States
Code; and
(B) the term ``Executive Director'' has the meaning
given such term by section 8401(13) of title 5, United
States Code.
[[Page 114 STAT. 2763A-235]]
Sec. 139. Exclusion of Elements of United States Secret Service From
Certain Activities. Section 7103(a)(3) of title 5, United States Code,
is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) in subparagraph (G), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(H) the United States Secret Service and the
United States Secret Service Uniformed Division.''.
Sec. 140. (a) The adjustment in rates of basic pay for the statutory
pay systems that takes effect in fiscal year 2001 under sections 5303
and 5304 of title 5, United States Code, shall be an increase of 3.7
percent.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department or agency
for salaries and expenses for fiscal year 2001.
Sec. 141. Repeal of Mandatory Separation Requirement. (a) In
General.--Section 8335 of title 5, United States Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Technical and Conforming Amendment.--Section 8339(q) of title 5,
United States Code, is amended by striking ``8335(d)'' and inserting
``8335(c)''.
Sec. 142. Section 223(a)(14) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(14) as amended, is hereby
amended by inserting after the phrase ``twenty-four hours'' the
following new phrase: ``(except in the case of Alaska where such time
limit may be forty-eight hours in fiscal years 2000 through 2002)''.
Sec. 143. (a) Section 336 of the Communications Act of 1934 (47
U.S.C. 336) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h)(1) Within 60 days after receiving a request (made in such form
and manner and containing such information as the Commission may
require) under this subsection from a low-power television station to
which this subsection applies, the Commission shall authorize the
licensee or permittee of that station to provide digital data service
subject to the requirements of this subsection as a pilot project to
demonstrate the feasibility of using low-power television stations to
provide high-speed wireless digital data service, including Internet
access to unserved areas.
``(2) The low-power television stations to which this
subsection applies are as follows:
``(A) KHLM-LP, Houston, Texas.
``(B) WTAM-LP, Tampa, Florida.
``(C) WWRJ-LP, Jacksonville, Florida.
``(D) WVBG-LP, Albany, New York.
``(E) KHHI-LP, Honolulu, Hawaii.
``(F) KPHE-LP (K19DD), Phoenix, Arizona.
``(G) K34FI, Bozeman, Montana.
``(H) K65GZ, Bozeman, Montana.
``(I) WXOB-LP, Richmond, Virginia.
``(J) WIIW-LP, Nashville, Tennessee.
[[Page 114 STAT. 2763A-236]]
``(K) A station and repeaters to be determined by
the Federal Communications Commission for the sole
purpose of providing service to communities in the Kenai
Peninsula Borough and Matanuska Susitna Borough.
``(L) WSPY-LP, Plano, Illinois.
``(M) W24AJ, Aurora, Illinois.
``(3) Notwithstanding any requirement of section 553 of
title 5, United States Code, the Commission shall promulgate
regulations establishing the procedures, consistent with the
requirements of paragraphs (4) and (5), governing the pilot
projects for the provision of digital data services by certain
low power television licensees within 120 days after the date of
enactment of LPTV Digital Data Services Act. The regulations
shall set forth--
``(A) requirements as to the form, manner, and
information required for submitting requests to the
Commission to provide digital data service as a pilot
project;
``(B) procedures for testing interference to digital
television receivers caused by any pilot project station
or remote transmitter;
``(C) procedures for terminating any pilot project
station or remote transmitter or both that causes
interference to any analog or digital full-power
television stations, class A television station,
television translators or any other users of the core
television band;
``(D) specifications for reports to be filed
quarterly by each low power television licensee
participating in a pilot project;
``(E) procedures by which a low power television
licensee participating in a pilot project shall notify
television broadcast stations in the same market upon
commencement of digital
data services and for ongoing coordination with local broadcasters
during the test period; and
``(F) procedures for the receipt and review of
interference complaints on an expedited basis consistent
with paragraph (5)(D).
``(4) A low-power television station to which this
subsection applies may not provide digital data service unless--
``(A) the provision of that service, including any
remote return-path transmission in the case of 2-way
digital data service, does not cause any interference in
violation of the Commission's existing rules, regarding
interference caused by low power television stations to
full-service analog or digital television stations,
class A television stations, or television translator
stations; and
``(B) the station complies with the Commission's
regulations governing safety, environmental, and sound
engineering practices, and any other Commission
regulation under paragraph (3) governing pilot program
operations.
``(5)(A) The Commission may limit the provision of digital
data service by a low-power television station to which this
subsection applies if the Commission finds that--
``(i) the provision of 2-way digital data service by
that station causes any interference that cannot
otherwise be remedied; or
[[Page 114 STAT. 2763A-237]]
``(ii) the provision of 1-way digital data service
by that station causes any interference.
``(B) The Commission shall grant any such station, upon
application (made in such form and manner and containing such
information as the Commission may require) by the licensee or
permittee of that station, authority to move the station to
another location, to modify its facilities to operate on a
different channel, or to use booster or auxiliary transmitting
locations, if the grant of authority will not cause interference
to the allowable or protected service areas of full service
digital television stations, National Television Standards
Committee assignments, or television translator stations, and
provided, however, no such authority shall be granted unless it
is consistent with existing Commission regulations relating to
the movement, modification, and use of non-class A low power
television transmission facilities in order--
``(i) to operate within television channels 2
through 51, inclusive; or
``(ii) to demonstrate the utility of low-power
television stations to provide high-speed 2-way wireless
digital data service.
``(C) The Commission shall require quarterly reports from
each station authorized to provide digital data services under
this subsection that include--
``(i) information on the station's experience with
interference complaints and the resolution thereof;
``(ii) information on the station's market success
in providing digital data service; and
``(iii) such other information as the Commission may
require in order to administer this subsection.
``(D) The Commission shall resolve any complaints of
interference with television reception caused by any station
providing digital data service authorized under this subsection
within 60 days after the complaint is received by the
Commission.
``(6) The Commission shall assess and collect from any low-
power television station authorized to provide digital data
service under this subsection an annual fee or other schedule or
method of payment comparable to any fee imposed under the
authority of this Act on providers of similar services. Amounts
received by the Commission under this paragraph may be retained
by the Commission as an offsetting collection to the extent
necessary to cover the costs of developing and implementing the
pilot program authorized by this subsection, and regulating and
supervising the provision of digital data service by low-power
television stations under this subsection. Amounts received by
the Commission under this paragraph in excess of any amount
retained under the preceding sentence shall be deposited in the
Treasury in accordance with chapter 33 of title 31, United
States Code.
``(7) In this subsection, the term `digital data service'
includes--
``(A) digitally-based interactive broadcast service;
and
``(B) wireless Internet access, without regard to--
``(i) whether such access is--
``(I) provided on a one-way or a
two-way basis;
``(II) portable or fixed; or
[[Page 114 STAT. 2763A-238]]
``(III) connected to the Internet
via a band allocated to Interactive
Video and Data Service; and
``(ii) the technology employed in delivering
such service, including the delivery of such
service via multiple transmitters at multiple
locations.
``(8) Nothing in this subsection limits the authority of the
Commission under any other provision of law.''.
(b) The Federal Communications Commission shall submit a report to
the Congress on June 30, 2001, and June 30, 2002, evaluating the utility
of using low-power television stations to provide high-speed digital
data service. The reports shall be based on the pilot projects
authorized by section 336(h) of the Communications Act of 1934 (47
U.S.C. 336(h)).
Sec. 144. (a) The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et. seq.) is amended--
(1) in section 303(d)(1)(A) by striking ``October 1, 2000,''
and inserting ``October 1, 2002,'';
(2) in section 303(d)(5) by striking ``October 1, 2000,''
and inserting ``October 1, 2002,'';
(3) in section 407(b) by striking ``October 1, 2000,'' and
inserting ``October 1, 2002,''; and
(4) in section 407(c)(1) by striking ``October 1, 2000,''
and inserting ``October 1, 2002,''.
(b) Notwithstanding sections 303(d)(1)(A) and 303(d)(1)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act, as amended by
this section, the Pacific Fishery Management Council may recommend and
the Secretary of Commerce may approve and implement any fishery
management plan, plan amendment, or regulation, for fixed gear sablefish
subject to the jurisdiction of such Council, that--
(1) allows the use of more than one groundfish fishing
permit by each fishing vessel; and/or
(2) sets cumulative trip limit periods, up to 12 months in
any calendar year, that allow fishing vessels a reasonable
opportunity to harvest the full amount of the associated trip
limits.
Notwithstanding subsection (a), the Gulf of Mexico Fishery Management
Council may develop a biological, economic, and social profile of any
fishery under its jurisdiction that may be considered for management
under a quota management system, including the benefits and consequences
of the quota management systems considered. The North Pacific Fishery
Management Council shall examine the fisheries under its jurisdiction,
particularly the Gulf of Alaska groundfish and Bering Sea crab
fisheries, to determine whether rationalization is needed. In
particular, the North Pacific Council shall analyze individual fishing
quotas, processor quotas, cooperatives, and quotas held by communities.
The analysis should include an economic analysis of the impact of all
options on communities and processors as well as the fishing fleets. The
North Pacific Council shall present its analysis to the appropriations
and authorizing committees of the Senate and House of Representatives in
a timely manner.
(c)(1) Public Law 101-380, as amended by section 2204 of chapter 2
of title II of Public Law 106-246, is amended further--
[[Page 114 STAT. 2763A-239]]
(A) by striking the second sentence of section 5008(c) and
inserting in lieu thereof ``The Federal Advisory Committee Act
(5 U.S.C. App. 2) shall not apply to the Institute.'';
(B) by inserting the following sentence at the end of
section 5008(e): ``The administrative funds of the Institute and
the administrative funds of the North Pacific Research Board
created under Public Law 105-83 may be used to jointly
administer such programs at the discretion of the North Pacific
Research Board.''; and
(C) in section 5006(c), as amended by this Act or any other
Act making appropriations for fiscal year 2001, by striking the
colon immediately before the first proviso and inserting in lieu
thereof, ``of which up to $3,000,000 may be used for the lease
payment to the Alaska SeaLife Center under section
5008(b)(2):''.
(2) Section 401(e) of Public Law 105-83 is amended--
(A) in paragraph (2) by striking ``and recommended for
Secretarial approval'';
(B) in paragraph (3)(A) by striking ``, who shall be a co-
chair of the Board'';
(C) in paragraph (3)(F) by striking ``, who shall be a co-
chair of the Board'';
(D) in paragraph (4)(A) by striking ``and administer'';
(E) in paragraph (4)(B) by striking the first sentence;
(F) by adding at the end the following new paragraph:
``(5) All decisions of the Board, including grant
recommendations, shall be by majority vote of the members listed
in paragraphs (3)(A), (3)(F), (3)(G), (3)(J), and (3)(N), in
consultation with the other
members. The five voting members may act on behalf of the Board in all
matters of administration, including the disposition of research funds
not made available by this section, at any time on or after October 1,
2000.''; and
(G) in paragraph (3) by adding at the end the following:
``(N) one member who shall represent fishing
interests and shall be nominated by the Board and
appointed by the Secretary.''.
(3) Funds made available for the construction of the NOAA laboratory
at Lena Point shall be considered incremental funding for the initial
phase of construction at Lena Point for site work and related
infrastructure and systems installation.
(4) Notwithstanding any other provision of law, funds made available
by this Act or any other Act for the Alaska SeaLife Center shall be
considered direct payments for all purposes of applicable law.
(5) Public Law 99-5 is amended--
(A) by inserting after section 3(e) the following:
``(f) The United States shall be represented on the Transboundary
Panel by seven panel members, of whom--
``(1) one shall be an official of the United States
Government, with salmon fishery management responsibility and
expertise;
``(2) one shall be an official of the State of Alaska, with
salmon fishery management responsibility and expertise; and
``(3) five shall be individuals knowledgeable and
experienced in the salmon fisheries for which the Transboundary
Panel is responsible.'';
[[Page 114 STAT. 2763A-240]]
(B) by renumbering the remaining subsections;
(C) in section 3(g), as redesignated by this subsection, by
striking ``The appointing authorities'' and inserting in lieu
thereof ``For the northern, southern, and Fraser River panels,
the appointing authorities''; and
(D) in section 3(h)(3), as redesignated by this subsection,
by striking ``northern and southern'' and inserting in lieu
thereof ``northern, southern, and transboundary''.
(6) The fishery research vessel for which funds were appropriated in
Public Law 106-113 shall be homeported in Kodiak, Alaska, and is hereby
named ``OSCAR DYSON''.
(d)(1) The Secretary of Commerce (hereinafter ``the Secretary'')
shall, after notice and opportunity for public comment, adopt final
regulations not later than May 1, 2001 to implement a fishing capacity
reduction program for crab fisheries included in the Fishery Management
Plan for Commercial King and Tanner Crab Fisheries in the Bering Sea and
Aleutian Islands (hereinafter ``BSAI crab fisheries''). In implementing
the program the Secretary shall--
(A) reduce the fishing capacity in the BSAI crab fisheries
by permanently reducing the number of license limitation program
crab licenses;
(B) permanently revoke all fishery licenses, fishery
permits, area and species endorsements, and any other fishery
privileges, for all fisheries subject to the jurisdiction of the
United States, issued to a vessel or vessels (or to persons on
the basis of their operation or ownership of that vessel or
vessels) for which a BSAI crab fisheries reduction permit is
surrendered and revoked under section 6011(b) of title 50, Code
of Federal Regulations;
(C) ensure that the Secretary of Transportation is notified
of each vessel for which a reduction permit is surrendered and
revoked under the program, with a request that such Secretary
permanently revoke the fishery endorsement of each such vessel
and refuse permission to transfer any such vessel to a foreign
flag under paragraph (5);
(D) ensure that vessels removed from the BSAI crab fisheries
under the program are made permanently ineligible to participate
in any fishery worldwide, and that the owners of such vessels
contractually agree that such vessels will operate only under
the United States flag or be scrapped as a reduction vessel
pursuant to section 600.1011(c) of title 50, Code of Federal
Regulations;
(E) ensure that vessels removed from the BSAI crab
fisheries, the owners of such vessels, and the holders of
fishery permits for such vessels forever relinquish any claim
associated with such vessel, permits, and any catch history
associated with such vessel or permits that could qualify such
vessel, vessel owner, or permit holder for any present or future
limited access system fishing permits in the United States
fisheries based on such vessel, permits, or catch history;
(F) not include the purchase of Norton Sound red king crab
or Norton Sound blue king crab endorsements in the program,
though any such endorsements associated with a reduction permit
or vessel made ineligible or scrapped under the program shall
also be surrendered and revoked as if surrendered and revoked
pursuant to section 600.1011(b) of title 50, Code of Federal
Regulations;
[[Page 114 STAT. 2763A-241]]
(G) seek to obtain the maximum sustained reduction in
fishing capacity at the least cost by establishing bidding
procedures that--
(i) assign a bid score to each bid by dividing the
price bid for each reduction permit by the total value
of the crab landed in the most recent 5-year period in
each crab fishery from 1990 through 1999 under that
permit, with the value for each year determined by
multiplying the average price per pound published by the
State of Alaska in each year for each crab fishery
included in such reduction permit by the total pounds
landed in each crab fishery under that permit in that
year; and
(ii) use a reverse auction in which the lowest bid
score ranks first, followed by each bid with the next
lowest bid score, until the total bid amount of all bids
equals a reduction cost that the next lowest bid would
cause to exceed $100,000,000;
(H) not waive or otherwise make inapplicable any
requirements of the License Limitation Program applicable to
such crab fisheries, in particular any requirements in sections
679.4(k) and (l) of title 50, Code of Federal Regulations;
(I) not waive or otherwise make inapplicable any catcher
vessel sideboards implemented under the American Fisheries Act
(AFA), except that the North Pacific Fishery Management Council
shall recommend to the Secretary and to the State of Alaska, not
later than February 16, 2001, and the Secretary and the State of
Alaska shall implement as appropriate, modifications to such
sideboards to the extent necessary to permit AFA catcher vessels
that remain in the crab fisheries to share proportionately in
any increase in crab harvest opportunities that accrue to all
remaining AFA and non-AFA catcher vessels if the fishing
capacity reduction program required by this section is
implemented;
(J) establish sub-amounts and repayment fees for each BSAI
crab fishery prosecuted under a separate endorsement for
repayment of the reduction loan, such that--
(i) a reduction loan sub-amount is established for
each separate BSAI crab fishery (other than Norton Sound
red king crab or Norton Sound blue king crab) by
dividing the total value of the crab landed in that
fishery under all reduction permits by the total value
of all crab landed under such permits in the BSAI crab
fisheries (determined using the same average prices and
years used under subparagraph (G)(i) of this paragraph),
and multiplying the reduction loan amount by the
percentage expressed by such ratio; and
(ii) fish sellers who participate in the crab
fishery under each endorsement repay the reduction loan
sub-amount attributable to that fishery; and
(K) notwithstanding section 1111(b) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f(b)(4)), establish a repayment
period for the reduction loan of not less than 30 years.
(2)(A) Only persons to whom a non-interim BSAI crab license
and an area/species endorsement have been issued (other than
persons to whom only a license and an area/species endorsement
for Norton Sound red king crab or Norton Sound blue king crab
have been issued) for vessels that--
[[Page 114 STAT. 2763A-242]]
(i) qualify under the License Limitation Program
criteria set forth in section 679.4 of title 50, Code of
Federal Regulations, and
(ii) have made at least one landing of BSAI crab in
either 1996, 1997, or prior to February 7 in 1998, may
submit a bid in the fishing capacity reduction program
established by this section.
(B) After the date of enactment of this section--
(i) no vessel 60 feet or greater in length overall
may participate in any BSAI crab fishery (other than for
Norton Sound red king crab or Norton Sound blue king
crab) unless such vessel meets the requirements set
forth in subparagraphs (A)(i) and (A)(ii) of this
paragraph; and
(ii) no vessel between 33 and 60 feet in length
overall may participate in any BSAI crab fishery (other
than for Norton Sound red king crab or Norton Sound blue
king crab) unless such vessel meets the requirements set
forth in subparagraph (A)(i) of this paragraph. Nothing
in this paragraph shall be construed to affect the
requirements for participation in the fisheries for
Norton Sound red king crab or Norton Sound blue king
crab. The Secretary may, on a case by case basis and
after notice and opportunity for public comment, waive
the application of subparagraph (A)(ii) of this
paragraph if the Secretary determines such waiver is
necessary to implement one of the specific exemptions to
the recent participation requirement that were
recommended by the North Pacific Fishery Management
Council in the record of its October, 1998 meeting.
(3) The fishing capacity reduction program required under
this subsection shall be implemented under this subsection and
sections 312(b)-(e) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861a(b)-(e)). Section 312 and the
regulations found in Subpart L of Part 600 of title 50, Code of
Federal Regulations, shall apply only to the extent such section
or regulations are not inconsistent with or made inapplicable by
the specific provisions of this subsection. Sections 600.1001,
600.1002, 600.1003, 600.1005, 600.1010(b), 600.1010(d)(1),
600.1011(d), the last sentence of 600.1011(a), and the last
sentence of 600.1014(f ) of such Subpart shall not apply to the
program implemented under this subsection. The program shall be
deemed accepted under section 600.1004, and any time period
specified in Subpart L that would prevent the Secretary from
complying with the May 1, 2001 date required by this subsection
shall be modified as appropriate to permit compliance with that
date. The referendum required for the program under this
subsection shall be a post-bidding referendum under section
600.1010 of title 50, Code of Federal Regulations.
(4)(A) The fishing capacity reduction program required under
this subsection is authorized to be financed in equal parts
through a reduction loan of $50,000,000 under sections 1111 and
1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1279f and 1279g) and $50,000,000 which is authorized to be
appropriated for the purposes of such program.
[[Page 114 STAT. 2763A-243]]
(B) Of the $1,000,000 appropriated in section 120 of
division A of Public Law 105-277 for the cost of a direct loan
in the Bering Sea and Aleutian Islands crab fisheries--
(i) $500,000 shall be for the cost of guaranteeing
the reduction loan required under subparagraph (A) of
this paragraph in accordance with the requirements of
the Federal Credit Reform Act; and
(ii) $500,000 shall be available to the Secretary to
pay for the cost of implementing the fishing capacity
reduction program required by this subsection.
(C) The funds described in this subsection shall remain
available, without fiscal year limitation, until expended. Any
funds not used for the fishing capacity reduction program
required by this subsection, whether due to a rejection by
referendum or otherwise, shall be available on or after October
15, 2002, without fiscal year limitation, for assistance to
fishermen or fishing communities.
(5)(A) The Secretary of Transportation shall, upon
notification and request by the Secretary, for each vessel
identified in such notification and request--
(i) permanently revoke any fishery endorsement
issued to such vessel under section 12108 of title 46,
United States Code; and
(ii) refuse to grant the approval required under
section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C.
App. 808(c)(2)) for the placement of such vessel under
foreign registry or the operation of such vessel under
the authority of a foreign country.
(B) The Secretary shall, after notice and opportunity for
public comment, adopt final regulations not later than May 1,
2001, to prohibit any vessel for which a reduction permit is
surrendered and revoked under the fishing capacity reduction
program required by this section from engaging in fishing
activities on the high seas or under the jurisdiction of any
foreign country while operating under the United States flag.
(6) The purpose of this subsection is to implement a fishing
capacity reduction program for the BSAI crab fisheries that
results in final action to permanently remove harvesting
capacity from such fisheries prior to December 31, 2001. In
implementing this subsection the Secretary is directed to use,
to the extent practicable, information collected and maintained
by the State of Alaska. Any requirements of the Paperwork
Reduction Act, the Regulatory Flexibility Act, or any Executive
order that would, in the opinion of the Secretary, prevent the
Secretary from meeting the deadlines set forth in this
subsection shall not apply to the fishing capacity reduction
program or the promulgation of regulations to implement such
program required by this subsection. Nothing in this subsection
shall be construed to prohibit the North Pacific Fishery
Management Council from recommending, or the Secretary from
approving, changes to any Fishery Management Plan, License
Limitation Program, or American Fisheries Act provisions
affecting catcher vessel sideboards in accordance with
applicable law: Provided, That except as specifically provided
in this subsection, such Council may not recommend, and the
Secretary may not approve, any action that would have the
[[Page 114 STAT. 2763A-244]]
effect of increasing the number of vessels eligible to
participate in the BSAI crab fisheries after March 1, 2001.
(e)(1) This subsection may be referred to as the ``Pribilof Islands
Transition Act''.
(2) The purpose of this subsection is to complete the orderly
withdrawal of the National Oceanic and Atmospheric Administration from
the civil administration of the Pribilof Islands, Alaska.
(3) Public Law 89-702 (16 U.S.C. 1151 et seq.), popularly known and
referred to in this subsection as the Fur Seal Act of 1966, is amended
by amending section 206 (16 U.S.C. 1166) to read as follows:
``Sec. 206. (a)(1) Subject to the availability of appropriations,
the Secretary shall provide financial assistance to any city government,
village corporation, or tribal council of St. George, Alaska, or St.
Paul, Alaska.
``(2) Notwithstanding any other provision of law relating to
matching funds, funds provided by the Secretary as assistance under this
subsection may be used by the entity as non-Federal matching funds under
any Federal program that requires such matching funds.
``(3) The Secretary may not use financial assistance authorized by
this Act--
``(A) to settle any debt owed to the United States;
``(B) for administrative or overhead expenses; or
``(C) for contributions sought or required from any person
for costs or fees to clean up any matter that was caused or
contributed to by such person on or after March 15, 2000.
``(4) In providing assistance under this subsection the Secretary
shall transfer any funds appropriated to carry out this section to the
Secretary of the Interior, who shall obligate such funds through
instruments and procedures that are equivalent to the instruments and
procedures required to be used by the Bureau of Indian Affairs pursuant
to title IV of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
``(5) In any fiscal year for which less than all of the funds
authorized under subsection (c)(1) are appropriated, such funds shall be
distributed under this subsection on a pro rata basis among the entities
referred to in subsection (c)(1) in the same proportions in which
amounts are authorized by that subsection for grants to those entities.
``(b)(1) Subject to the availability of appropriations, the
Secretary shall provide assistance to the State of Alaska for designing,
locating, constructing, redeveloping, permitting, or certifying solid
waste management facilities on the Pribilof Islands to be operated under
permits issued to the City of St. George and the City of St. Paul,
Alaska, by the State of Alaska under section 46.03.100 of the Alaska
Statutes.
``(2) The Secretary shall transfer any appropriations received under
paragraph (1) to the State of Alaska for the benefit of rural and Native
villages in Alaska for obligation under section 303 of Public Law 104-
182, except that subsection (b) of that section shall not apply to those
funds.
``(3) In order to be eligible to receive financial assistance under
this subsection, not later than 180 days after the date of enactment of
this paragraph, each of the Cities of St. Paul and St. George shall
enter into a written agreement with the State of Alaska under which such
City shall identify by its legal boundaries the
[[Page 114 STAT. 2763A-245]]
tract or tracts of land that such City has selected as the site for its
solid waste management facility and any supporting infrastructure.
``(c) There are authorized to be appropriated to the Secretary for
fiscal years 2001, 2002, 2003, 2004, and 2005--
``(1) for assistance under subsection (a) a total not to
exceed--
``(A) $9,000,000, for grants to the City of St.
Paul;
``(B) $6,300,000, for grants to the Tanadgusix
Corporation;
``(C) $1,500,000, for grants to the St. Paul Tribal
Council;
``(D) $6,000,000, for grants to the City of St.
George;
``(E) $4,200,000, for grants to the St. George Tanaq
Corporation; and
``(F) $1,000,000, for grants to the St. George
Tribal Council; and
``(2) for assistance under subsection (b), for fiscal years
2001, 2002, 2003, 2004, and 2005 a total not to exceed--
``(A) $6,500,000 for the City of St. Paul; and
``(B) $3,500,000 for the City of St. George.
``(d) None of the funds authorized by this section may be available
for any activity a purpose of which is to influence legislation pending
before the Congress, except that this subsection shall not prevent
officers or employees of the United States or of its departments,
agencies, or commissions from communicating to Members of Congress,
through proper channels, requests for legislation or appropriations that
they consider necessary for the efficient conduct of public business.
``(e) Neither the United States nor any of its agencies, officers,
or employees shall have any liability under this Act or any other law
associated with or resulting from the designing, locating, contracting
for, redeveloping, permitting, certifying, operating, or maintaining any
solid waste management facility on the Pribilof Islands as a consequence
of--
``(1) having provided assistance to the State of Alaska
under subsection (b); or
``(2) providing funds for, or planning, constructing, or
operating, any interim solid waste management facilities that
may be required by the State of Alaska before permanent solid
waste management facilities constructed with assistance provided
under subsection (b) are complete and operational.
``(f ) Each entity which receives assistance authorized under
subsection (c) shall submit an audited statement listing the expenditure
of that assistance to the Committee on Appropriations and the Committee
on Resources of the House of Representatives and the Committee on
Appropriations and the Committee on Commerce, Science, and
Transportation of the Senate, on the last day of fiscal years 2002,
2004, and 2006.
``(g) Amounts authorized under subsection (c) are intended by
Congress to be provided in addition to the base funding appropriated to
the National Oceanic and Atmospheric Administration in fiscal year
2000.''.
(4) Section 205 of the Fur Seal Act of 1966 (16 U.S.C. 1165) is
amended--
(A) by amending subsection (c) to read as follows:
[[Page 114 STAT. 2763A-246]]
``(c) Not later than 3 months after the date of the enactment of the
Pribilof Islands Transition Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives a report that
includes--
``(1) a description of all property specified in the
document referred to in subsection (a) that has been conveyed
under that subsection;
``(2) a description of all Federal property specified in the
document referred to in subsection (a) that is going to be
conveyed under that subsection; and
``(3) an identification of all Federal property on the
Pribilof Islands that will be retained by the Federal Government
to meet its responsibilities under this Act, the Convention, and
any other applicable law.''; and
(B) by striking subsection (g).
(5)(A)(i) The Secretary of Commerce shall not be considered to have
any obligation to promote or otherwise provide for the development of
any form of an economy not dependent on sealing on the Pribilof Islands,
Alaska, including any obligation under section 206 of the Fur Seal Act
of 1966 (16 U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104-91 (16
U.S.C. 1165 note).
(ii) This subparagraph shall not affect any cause of action under
section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166) or section
3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165 note)--
(I) that arose before the date of the enactment of this
title; and
(II) for which a judicial action is filed before the
expiration of the 5-year period beginning on the date of the
enactment of this title.
(iii) Nothing in this subsection shall be construed to imply that--
(I) any obligation to promote or otherwise provide for the
development in the Pribilof Islands of any form of an economy
not dependent on sealing was or was not established by section
206 of the Fur Seal Act of 1966 (16 U.S.C. 1166), section
3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165 note), or any
other provision of law; or
(II) any cause of action could or could not arise with
respect to such an obligation.
(iv) Section 3(c)(1) of Public Law 104-91 (16 U.S.C. 1165 note) is
amended by striking subparagraph (A) and redesignating subparagraphs (B)
through (D) in order as subparagraphs (A) through (C).
(B)(i) Subject to paragraph (5)(B)(ii), there are terminated all
obligations of the Secretary of Commerce and the United States to--
(I) convey property under section 205 of the Fur Seal Act of
1966 (16 U.S.C. 1165); and
(II) carry out cleanup activities, including assessment,
response, remediation, and monitoring, except for postremedial
measures such as monitoring and operation and maintenance
activities related to National Oceanic and Atmospheric
Administration administration of the Pribilof Islands, Alaska,
under section 3 of Public Law 104-91 (16 U.S.C. 1165 note) and
the Pribilof Islands Environmental Restoration Agreement
[[Page 114 STAT. 2763A-247]]
between the National Oceanic and Atmospheric Administration and
the State of Alaska, signed January 26, 1996.
(ii) Paragraph (5)(B)(i) shall apply on and after the date on which
the Secretary of Commerce certifies that--
(I) the State of Alaska has provided written confirmation
that no further corrective action is required at the sites and
operable units covered by the Pribilof Islands Environmental
Restoration Agreement between the National Oceanic and
Atmospheric Administration and the State of Alaska, signed
January 26, 1996, with the exception of postremedial measures,
such as monitoring and operation and maintenance activities;
(II) the cleanup required under section 3(a) of Public Law
104-91 (16 U.S.C. 1165 note) is complete;
(III) the properties specified in the document referred to
in subsection (a) of section 205 of the Fur Seal Act of 1966 (16
U.S.C. 1165(a)) can be unconditionally offered for conveyance
under that section; and
(IV) all amounts appropriated under section 206(c)(1) of the
Fur Seal Act of 1966, as amended by this title, have been
obligated.
(iii)(I) On and after the date on which section 3(b)(5) of Public
Law 104-91 (16 U.S.C. 1165 note) is repealed pursuant to subparagraph
(C), the Secretary of Commerce may not seek or require financial
contribution by or from any local governmental entity of the Pribilof
Islands, any official of such an entity, or the owner of land on the
Pribilof Islands, for cleanup costs incurred pursuant to section 3(a) of
Public Law 104-91 (as in effect before such repeal), except as provided
in subparagraph (B)(iii)(II).
(II) Subparagraph (B)(iii)(I) shall not limit the authority
of the Secretary of Commerce to seek or require financial
contribution from any person for costs or fees to clean up any
matter that was caused or contributed to by such person on or
after March 15, 2000.
(iv) For purposes of paragraph (2)(C), the following requirements
shall not be considered to be conditions on conveyance of property:
(I) Any requirement that a potential transferee must allow
the National Oceanic and Atmospheric Administration continued
access to the property to conduct environmental monitoring
following remediation activities.
(II) Any requirement that a potential transferee must allow
the National Oceanic and Atmospheric Administration access to
the property to continue the operation, and eventual closure, of
treatment facilities.
(III) Any requirement that a potential transferee must
comply with institutional controls to ensure that an
environmental cleanup remains protective of human health or the
environment that do not unreasonably affect the use of the
property.
(IV) Valid existing rights in the property, including rights
granted by contract, permit, right-of-way, or easement.
(V) The terms of the documents described in subparagraph
(D)(ii).
(C) Effective on the date on which the Secretary of Commerce makes
the certification described in subparagraph (b)(2), the following
provisions are repealed:
[[Page 114 STAT. 2763A-248]]
(i) Section 205 of the Fur Seal Act of 1966 (16 U.S.C.
1165).
(ii) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note).
(D)(i) Nothing in this subsection shall affect any obligation of the
Secretary of Commerce, or of any Federal department or agency, under or
with respect to any document described in subparagraph (D)(ii) or with
respect to any lands subject to such a document.
(ii) The documents referred to in subparagraph (D)(i) are the
following:
(I) The Transfer of Property on the Pribilof Islands:
Description, Terms, and Conditions, dated February 10, 1984,
between the Secretary of Commerce and various Pribilof Island
entities.
(II) The Settlement Agreement between Tanadgusix Corporation
and the City of St. Paul, dated January 11, 1988, and approved
by the Secretary of Commerce on February 23, 1988.
(III) The Memorandum of Understanding between Tanadgusix
Corporation, Tanaq Corporation, and the Secretary of Commerce,
dated December 22, 1976.
(E)(i) Except as provided in subparagraph (E)(ii), the definitions
set forth in section 101 of the Fur Seal Act of 1966 (16 U.S.C. 1151)
shall apply to this paragraph.
(ii) For purposes of this paragraph, the term ``Natives of the
Pribilof Islands'' includes the Tanadgusix Corporation, the St. George
Tanaq Corporation, and the city governments and tribal councils of St.
Paul and St. George, Alaska.
(6)(A) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) and the
Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) are amended by--
(i) striking ``(d)'' and all that follows through the
heading for subsection (d) of section 3 of Public Law 104-91 and
inserting ``Sec. 212.''; and
(ii) moving and redesignating such subsection so as to
appear as section 212 of the Fur Seal Act of 1966.
(B) Section 201 of the Fur Seal Act of 1966 (16 U.S.C. 1161) is
amended by striking ``on such Islands'' and insert ``on such property''.
(C) The Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) is amended by
inserting before title I the following:
``Section 1. This Act may be cited as the `Fur Seal Act of 1966'.''.
(7) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is
amended--
(A) by striking subsection (f ) and inserting the following:
``(f )(1) There are authorized to be appropriated $10,000,000 for
each of fiscal years 2001, 2002, 2003, 2004, and 2005 for the purposes
of carrying out this section.
``(2) None of the funds authorized by this subsection may be
expended for the purpose of cleaning up or remediating any landfills,
wastes, dumps, debris, storage tanks, property, hazardous or unsafe
conditions, or contaminants, including petroleum products and their
derivatives, left by the Department of Defense or any of its components
on lands on the Pribilof Islands, Alaska.''; and
(B) by adding at the end the following:
``(g)(1) Of amounts authorized under subsection (f ) for each of
fiscal years 2001, 2002, 2003, 2004, and 2005, the Secretary
[[Page 114 STAT. 2763A-249]]
may provide to the State of Alaska up to $2,000,000 per fiscal year to
capitalize a revolving fund to be used by the State for loans under this
subsection.
``(2) The Secretary shall require that any revolving fund
established with amounts provided under this subsection shall be used
only to provide low-interest loans to Natives of the Pribilof Islands to
assess, respond to, remediate, and monitor contamination from lead
paint, asbestos, and petroleum from underground storage tanks.
``(3) The definitions set forth in section 101 of the Fur Seal Act
of 1966 (16 U.S.C. 1151) shall apply to this section, except that the
term `Natives of the Pribilof Islands' includes the Tanadgusix and Tanaq
Corporations.
``(4) Before the Secretary may provide any funds to the State of
Alaska under this section, the State of Alaska and the Secretary must
agree in writing that, on the last day of fiscal year 2011, and of each
fiscal year thereafter until the full amount provided to the State of
Alaska by the Secretary under this section has been repaid to the United
States, the State of Alaska shall transfer to the Treasury of the United
States monies remaining in the revolving fund, including principal and
interest paid into the revolving fund as repayment of loans.''.
(f )(1) The President, after consultation with the Governor of the
State of Hawaii, may designate any Northwestern Hawaiian Islands coral
reef or coral reef ecosystem as a coral reef reserve to be managed by
the Secretary of Commerce.
(2) Upon the designation of a reserve under paragraph (1) by the
President, the Secretary shall--
(A) take action to initiate the designation of the reserve
as a National Marine Sanctuary under sections 303 and 304 of the
National Marine Sanctuaries Act (16 U.S.C. 1433);
(B) establish a Northwestern Hawaiian Islands Reserve
Advisory Council under section 315 of that Act (16 U.S.C.
1445a), the membership of which shall include at least one
representative from Native Hawaiian groups; and
(C) until the reserve is designated as a National Marine
Sanctuary, manage the reserve in a manner consistent with the
purposes and policies of that Act.
(3) Notwithstanding any other provision of law, no closure areas
around the Northwestern Hawaiian Islands shall become permanent without
adequate review and comment.
(4) The Secretary shall work with other Federal agencies and the
Director of the National Science Foundation, to develop a coordinated
plan to make vessels and other resources available for conservation or
research activities for the reserve.
(5) If the Secretary has not designated a national marine sanctuary
in the Northwestern Hawaiian Islands under sections 303 and 304 of the
National Marine Sanctuaries Act (16 U.S.C. 1433, 1434) before October 1,
2005, the Secretary shall conduct a review of the management of the
reserve under section 304(e) of that Act (16 U.S.C. 1434(e)).
(6) No later than 6 months after the date of enactment of this Act,
the Secretary shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Resources, describing actions taken to implement this subsection,
including costs of monitoring, enforcing, and addressing marine debris,
and the extent to which the
[[Page 114 STAT. 2763A-250]]
fiscal or other resources necessary to carry out this subsection are
reflected in the Budget of the United States Government submitted by the
President under section 1104 of title 31, United States Code.
(7) There are authorized to be appropriated to the Secretary of
Commerce to carry out the provisions of this subsection such sums, not
exceeding $4,000,000 for each of fiscal years 2001, 2002, 2003, 2004,
and 2005, as are reported under paragraph (5) to be reflected in the
Budget of the United States Government.
(g) Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C.
1855 nt) is amended by striking the last sentence and inserting, ``There
are authorized to be appropriated to carry out this subsection $500,000
for each fiscal year.''.
Sec. 145. (a) Section 4(b)(1) of the Department of State Special
Agents Retirement Act of 1998 (22 U.S.C. 4044 note; Public Law 105-382;
112 Stat. 3409) is amended by inserting ``or participant who was serving
as of January 1, 1997'' after ``employed participant''.
(b) The amendment made by this section shall take effect on January
1, 2001.
Sec. 146. (a) Congress makes the following findings:
(1) Total steel imports in 2000 will be over 2\1/2\ times
higher than in 1991, continuing the alarming trend of sharply
increasing steel imports over the past decade.
(2) Unprecedented levels of steel imports flooded the United
States market in 1998 and 1999, causing a crisis in which
thousands of steelworkers were laid off and six steel companies
went bankrupt.
(3) The domestic steel industry still has not had an
opportunity to recover from the 1998-1999 steel import crisis,
and steel imports are again causing serious injury to United
States steel producers and workers.
(4) Total steel imports through August 2000 are 17 percent
higher than over the same period in 1999 and greater even than
imports over the same period in 1998, a record year.
(5) Steel prices continue to be depressed, with hot-rolled
steel prices 12 percent lower in August 2000 than in the first
quarter of 1998, and average import customs values for all steel
products more than 15 percent lower over the same period.
(6) The United States Government must maintain and fully
enforce all existing relief against foreign unfair trade.
(7) The United States steel industry is a clean, highly
efficient industry having modernized itself at great human and
financial cost, shedding over 330,000 jobs and investing more
than $50,000,000,000 over the last 20 years.
(8) Capacity utilization in the United States steel industry
has fallen sharply since the beginning of the year and the
market capitalization and debt ratings of the major United
States steel firms are at precarious levels.
(9) The Department of Commerce recently documented the
underlying market-distorting practices and longstanding
structural problems that plague the global steel trade with
excess capacity and cause diversion of unfairly traded foreign
steel to the United States.
(10) The President recognized that unfair trade played a
significant role in the devastating import surge of steel and
recognized the need to vigorously enforce the trade laws.
[[Page 114 STAT. 2763A-251]]
(b) Congress calls upon the President--
(1) to take all appropriate action within his power to
provide relief from injury caused by steel imports; and
(2) to immediately request the United States International
Trade Commission to commence an expedited investigation for
positive adjustment under section 201 of the Trade Act of 1974
of such steel imports.
Sec. 147. Section 5(b)(1) of the Act of January 2, 1951 (15 U.S.C.
1175(b)(1); popularly known as the ``Johnson Act'') is amended by
inserting ``for a voyage or a segment of a voyage that begins and ends
in the State of Hawaii, or'' after ``Except''.
Sec. 148. (a) Section 312(a)(7) of the Communications Act of 1934
(47 U.S.C. 312(a)(7)) is amended by inserting ``, other than a non-
commercial educational broadcast station,'' after ``use of a
broadcasting station''.
(b) The Federal Communications Commission shall take no action
against any non-commercial educational broadcast station which declines
to carry a political advertisement.
Sec. 149. The Small Business Innovation Research program, otherwise
expiring at the end of fiscal year 2000, is authorized to continue in
effect during fiscal year 2001.
Sec. 150. There is hereby appropriated for payment to the Ricky Ray
Hemophilia Relief Fund, as provided by Public Law 105-369, $105,000,000,
of which notwithstanding any other provision of law $10,000,000 shall be
for program management of the Health Resources and Services
Administration, to remain available until expended.
Sec. 151. (a) There is hereby appropriated to a separate account to
be established in the Department of Labor for expenses of administering
the Energy Employees Occupational Illness Compensation Act, $60,400,000,
to remain available until expended: Provided, That the Secretary of
Labor is authorized to transfer to any Executive agency with authority
under the Energy Employees Occupational Illness Compensation Act, such
sums as may be necessary in FY 2001 to carry out those authorities.
(b) For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, amounts appropriated under subsection (a) shall be
direct spending: Provided, That amounts appropriated annually thereafter
for such administrative expenses shall be direct spending.
Sec. 152. Treatment of Certain Cancer Hospitals. (a) In General.--
Section 1886(d)(1)(B)(v) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)(v)) is amended--
(1) in subclause (I) by striking ``or'' at the end;
(2) in subclause (II) by striking the semicolon at the end
and inserting ``, or''; and
(3) by adding at the end the following:
``(III) a hospital that was recognized as a clinical cancer
research center by the National Cancer Institute of the National
Institutes of Health as of February 18, 1998, that has never
been reimbursed for inpatient hospital services pursuant to a
reimbursement system under a demonstration project under section
1814(b), that is a freestanding facility organized primarily for
treatment of and research on cancer and is not a unit of another
hospital, that as of the date of the enactment of this
subclause, is licensed for 162 acute care beds, and that
demonstrates for the 4-year period ending on June 30,
[[Page 114 STAT. 2763A-252]]
1999, that at least 50 percent of its total discharges have a
principal finding of neoplastic disease, as defined in
subparagraph (E);'' and
(b) Conforming Amendment.--Section 1886(d)(1)(E) of the Social
Security Act (42 U.S.C. 1395ww(d)(1)(E)) is amended by striking ``For
purposes of subparagraph (B)(v)(II)'' and inserting ``For purposes of
subclauses (II) and (III) of subparagraph (B)(v)''.
(c) Payment.--
(1) Application to cost reporting periods.--Any
classification by reason of section 1886(d)(1)(B)(v)(III) of the
Social Security Act (as added by subsection (a)) shall apply to
12-month cost reporting periods beginning on or after July 1,
1999.
(2) Base year.--Notwithstanding the provisions of section
1886(b)(3)(E) of such Act (42 U.S.C. 1395ww(b)(3)(E)) or other
provisions to the contrary, the base cost reporting period for
purposes of determining the target amount for any hospital
classified by reason of section 1886(d)(1)(B)(v)(III) of such
Act (as added by subsection (a)) shall be the 12-month cost
reporting period beginning on July 1, 1995.
(3) Deadline for payments.--Any payments owed to a hospital
by reason of this subsection shall be made expeditiously, but in
no event later than 1 year after the date of the enactment of
this Act.
Sec. 153. (a) Section 4(2) of the Delta Development Act (42 U.S.C.
3121 note; Public Law 100-460) is amended--
(1) by inserting ``Alabama,'' before ``Arkansas'';
(2) in paragraph (G), by striking ``and'' at the end;
(3) in paragraph (H)--
(A) by striking ``and'' before ``such''; and
(B) by inserting ``and'' after the semicolon at the
end; and
(4) by adding at the end the following:
``(I) the Alabama counties of Pickens, Greene,
Sumter, Choctaw, Clarke, Washington, Marengo, Hale,
Perry, Wilcox, Lowndes, Bullock, Macon, Barbour,
Russell, and Dallas;'';
(b) At the end of section 382A of ``The Delta Regional Authority Act
of 2000'' as incorporated in this Act, insert the following:
``(4) Notwithstanding any other provision of law, the State
of Alabama shall be a full member of the Delta Regional
Authority and shall be entitled to all rights and privileges
that said membership affords to all other participating States
in the Delta Regional Authority.''.
SEC. 154. NORTHERN WISCONSIN.
(a) Definition of Northern Wisconsin.--In this section, the term
``northern Wisconsin'' means the counties of Douglas, Ashland, Bayfield,
and Iron, Wisconsin.
(b) Establishment of Program.--The Secretary of the Army may
establish a pilot program to provide environmental assistance to non-
Federal interests in northern Wisconsin.
(c) Form of Assistance.--Assistance under this section may be in the
form of design and reconstruction assistance or water-related
environmental infrastructure and resource protection and development
projects in northern Wisconsin, including projects for wastewater
treatment and related facilities, water supply and
[[Page 114 STAT. 2763A-253]]
related facilities, environmental restoration, and surface water
resource protection and development.
(d) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a facilities or restructure protection and
development plan, including appropriate engineering
plans and specifications.
(B) Legal and Institutional Structures.--
Establishment of such legal and institutional structures
as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs
under each local cooperation agreement entered into
under this subsection shall be 75 percent. The Federal
share may be in the form of grants or reimbursements of
project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work completed by the non-Federal interest
before entering into a local cooperation agreement with
the Secretary for a project. The credit for the design
work shall not exceed 6 percent of the local
construction costs of the project.
(C) Credit for interest.--In case of a delay in the
funding of the non-Federal share of the costs of a
project that is the subject of an agreement under this
subsection, the non-Federal interest shall receive
credit for reasonable interest incurred in providing the
non-Federal share of the project's costs.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and reductions toward the non-
Federal share of project costs (including all reasonable
costs associated with obtaining permits necessary for
the construction, operation, and maintenance of the
project on publicly owned or controlled land), but not
to exceed 25 percent of the total project costs.
(E) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(f ) Applicability of Other Federal And State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
[[Page 114 STAT. 2763A-254]]
(g) Report.--Not later than December 31, 2001, the Secretary shall
transmit to Congress a report on the results of the pilot program
carried out under this section, including recommendations concerning
whether the program should be implemented on a national basis.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. Such sums shall
remain available until expended.
TITLE II--VIETNAM EDUCATION FOUNDATION ACT OF 2000
SEC. 201. SHORT TITLE.
This title may be cited as the ``Vietnam Education Foundation Act of
2000''.
SEC. 202. PURPOSES.
The purposes of this title are the following:
(1) To establish an international fellowship program under
which--
(A) Vietnamese nationals can undertake graduate and
post-graduate level studies in the sciences (natural,
physical, and environmental), mathematics, medicine, and
technology (including information technology); and
(B) United States citizens can teach in the fields
specified in subparagraph (A) in appropriate Vietnamese
institutions.
(2) To further the process of reconciliation between the
United States and Vietnam and the building of a bilateral
relationship serving the interests of both countries.
SEC. 203. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Foundation.--The term ``Foundation'' means the Vietnam
Education Foundation established in section 204.
(3) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4) United states-vietnam debt agreement.--The term ``United
States-Vietnam debt agreement'' means the Agreement Between the
Government of the United States of America and the Government of
the Socialist Republic of Vietnam Regarding the Consolidation
and Rescheduling of Certain Debts Owed to, Guaranteed by, or
Insured by the United States Government and the Agency for
International Development, dated April 7, 1997.
SEC. 204. ESTABLISHMENT.
There is established the Vietnam Education Foundation as an
independent establishment of the executive branch under section 104 of
title 5, United States Code.
SEC. 205. BOARD OF DIRECTORS.
(a) In General.--The Foundation shall be subject to the supervision
and direction of the Board of Directors, which shall consist of 13
members, as follows:
[[Page 114 STAT. 2763A-255]]
(1) Two members of the House of Representatives appointed by
the Speaker of the House of Representatives, one of whom shall
be appointed upon the recommendation of the Majority Leader and
one of whom shall be appointed upon the recommendation of the
Minority Leader, and who shall serve as ex officio, nonvoting
members.
(2) Two members of the Senate, appointed by the President
pro tempore, one of whom shall be appointed upon the
recommendation of the Majority Leader and one of whom shall be
appointed upon the recommendation of the Minority Leader, and
who shall serve as ex officio, nonvoting members.
(3) Secretary of State.
(4) Secretary of Education.
(5) Secretary of Treasury.
(6) Six members to be appointed by the President from among
individuals in the nongovernmental sector who have academic
excellence or experience in the fields of concentration
specified in section 202(1)(A) or a general knowledge of
Vietnam, not less than three of whom shall be drawn from
academic life.
(b) Rotation of Membership.--(1) The term of office of each member
appointed under subsection (a)(6) shall be 3 years, except that of the
members initially appointed under that subsection, two shall serve for
terms of 1 year, two shall serve for terms of 2 years, and two shall
serve for terms of 3 years.
(2) A member of Congress appointed under subsection (a)(1) or (2)
shall not serve as a member of the Board for more than a total of 6
years.
(c) Chair.--The Board shall elect one of the members appointed under
subsection (a)(6) to serve as Chair.
(d) Meetings.--The Board shall meet upon the call of the Chair but
not less frequently than twice each year. A majority of the voting
members of the Board shall constitute a quorum.
(e) Duties.--The Board shall--
(1) select the individuals who will be eligible to serve as
Fellows; and
(2) provide overall supervision and direction of the
Foundation.
(f ) Compensation.--
(1) In general.--Except as provided in paragraph (2), each
member of the Board shall serve without compensation, and
members who are officers or employees of the United States shall
serve without compensation in addition to that received for
their services as officers or employees of the United States.
(2) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of service for the Board.
SEC. 206. FELLOWSHIP PROGRAM.
(a) Award of Fellowships.--
(1) In general.--To carry out the purposes of this title,
the Foundation shall award fellowships to--
(A) Vietnamese nationals to study at institutions of
higher education in the United States at graduate and
[[Page 114 STAT. 2763A-256]]
post-graduate levels in the following fields: physical
sciences, natural sciences, mathematics, environmental
sciences, medicine, technology, and computer sciences;
and
(B) United States citizens to teach in Vietnam in
appropriate Vietnamese institutions in the fields of
study described in subparagraph (A).
(2) Special emphasis on scientific and technical vocabulary
in english.--Fellowships awarded under paragraph (1) may include
funding for the study of scientific and technical vocabulary in
English.
(b) Criteria for Selection.--Fellowships under this title shall be
awarded to persons who meet the minimum criteria established by the
Foundation, including the following:
(1) Vietnamese nationals.--Vietnamese candidates for
fellowships shall have basic English proficiency and must have
the ability to meet the criteria for admission into graduate or
post-graduate programs in United States institutions of higher
learning.
(2) United states citizen teachers.--American teaching
candidates shall be highly competent in their fields and be
experienced and proficient teachers.
(c) Implementation.--The Foundation may provide, directly or by
contract, for the conduct of nationwide competition for the purpose of
selecting recipients of fellowships awarded under this section.
(d) Authority To Award Fellowships on a Matching Basis.--The
Foundation may require, as a condition of the availability of funds for
the award of a fellowship under this title, that an institution of
higher education make available funds for such fellowship on a matching
basis.
(e) Fellowship Conditions.--A person awarded a fellowship under this
title may receive payments authorized under this title only during such
periods as the Foundation finds that the person is maintaining
satisfactory proficiency and devoting full time to study or teaching, as
appropriate, and is not engaging in gainful employment other than
employment approved by the Foundation pursuant to regulations of the
Board.
(f ) Funding.--
(1) Fiscal year 2001.--
(A) Authorization of appropriations.--There are
authorized to be appropriated to the Foundation
$5,000,000 for fiscal year 2001 to carry out the
activities of the Foundation.
(B) Availability of funds.--Amounts appropriated
pursuant to subparagraph (A) are authorized to remain
available until expended.
(2) Fiscal year 2002 and subsequent fiscal years.--Effective
October 1, 2001, the Foundation shall utilize funds transferred
to the Foundation under section 207.
SEC. 207. VIETNAM DEBT REPAYMENT FUND.
(a) Establishment.--Notwithstanding any other provision of law,
there is established in the Treasury a separate account which shall be
known as the Vietnam Debt Repayment Fund (in this subsection referred to
as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting receipts into
the Fund all payments (including interest payments) made
[[Page 114 STAT. 2763A-257]]
by the Socialist Republic of Vietnam under the United States-Vietnam
debt agreement.
(c) Availability of the Funds.--
(1) Fiscal year limitation.--Beginning with fiscal year
2002, and each subsequent fiscal year through fiscal year 2018,
$5,000,000 of the amounts deposited into the Fund (or accrued
interest) each fiscal year shall be available to the Foundation,
without fiscal year limitation, under paragraph (2).
(2) Disbursement of funds.--The Secretary of the Treasury,
at least on a quarterly basis, shall transfer to the Foundation
amounts allotted to the Foundation under paragraph (1) for the
purpose of carrying out its activities.
(3) Transfer of excess funds to miscellaneous receipts.--
Beginning with fiscal year 2002, and each subsequent fiscal year
through fiscal year 2018, the Secretary of the Treasury shall
withdraw from the Fund and deposit in the Treasury of the United
States as miscellaneous receipts all moneys in the Fund in
excess of amounts made available to the Foundation under
paragraph (1).
(d) Annual Report.--The Board shall prepare and submit annually to
Congress statements of financial condition of the Fund, including the
beginning balance, receipts, refunds to appropriations, transfers to the
general fund, and the ending balance.
SEC. 208. FOUNDATION PERSONNEL MATTERS.
(a) Appointment by Board.--There shall be an Executive Secretary of
the Foundation who shall be appointed by the Board without regard to the
provisions of title 5, United States Code, or any regulation thereunder,
governing appointment in the competitive service. The Executive Director
shall be the Chief Executive Officer of the Foundation and shall carry
out the functions of the Foundation subject to the supervision and
direction of the Board. The Executive Director shall carry out such
other functions consistent with the provisions of this title as the
Board shall prescribe. The decision to employ or terminate an Executive
Director shall be made by an affirmative vote of at least six of the
nine voting members of the Board.
(b) Professional Staff.--The Executive Director shall hire
Foundation staff on the basis of professional and nonpartisan
qualifications.
(c) Experts and Consultants.--The Executive Director may procure
temporary and intermittent services of experts and consultants as are
necessary to the extent authorized by section 3109 of title 5, United
States Code to carry out the purposes of the Foundation.
(d) Compensation.--The Board may fix the compensation of the
Executive Director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title V, United States
Code, relating to classification of positions and General Schedule pay
rates, except that the rate of pay for the Executive Director and other
personnel may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
SEC. 209. ADMINISTRATIVE PROVISIONS.
(a) In General.--In order to carry out this title, the Foundation
may--
[[Page 114 STAT. 2763A-258]]
(1) prescribe such regulations as it considers necessary
governing the manner in which its functions shall be carried
out;
(2) receive money and other property donated, bequeathed, or
devised, without condition or restriction other than it be used
for the purposes of the Foundation, and to use, sell, or
otherwise dispose of such property for the purpose of carrying
out its functions;
(3) accept and use the services of voluntary and
noncompensated personnel;
(4) enter into contracts or other arrangements, or make
grants, to carry out the provisions of this title, and enter
into such contracts or other arrangements, or make such grants,
with the concurrence of a majority of the members of the Board,
without performance or other bonds and without regard to section
3709 of the Revised Statutes (41 U.S.C. 5);
(5) rent office space in the District of Columbia; and
(6) make other necessary expenditures.
(b) Annual Report.--The Foundation shall submit to the President and
to the Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives an annual report
of its operations under this title.
SEC. 210. TERMINATION.
(a) In General.--The Foundation may not award any new fellowship, or
extend any existing fellowship, after September 30, 2016.
(b) Abolishment.--Effective 120 days after the expiration of the
last fellowship in effect under this title, the Foundation is abolished.
TITLE III--COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000
SEC. 301. SHORT TITLE; FINDINGS; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Colorado Ute
Settlement Act Amendments of 2000''.
(b) Findings.--Congress makes the following findings:
(1) In order to provide for a full and final settlement of
the claims of the Colorado Ute Indian Tribes on the Animas and
La Plata Rivers, the Tribes, the State of Colorado, and certain
of the non-Indian parties to the Agreement have proposed certain
modifications to the Colorado Ute Indian Water Rights Settlement
Act of 1988 (Public Law 100-585; 102 Stat. 2973).
(2) The claims of the Colorado Ute Indian Tribes on all
rivers in Colorado other than the Animas and La Plata Rivers
have been settled in accordance with the provisions of the
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public
Law 100-585; 102 Stat. 2973).
(3) The Indian and non-Indian communities of southwest
Colorado and northwest New Mexico will be benefited by a
settlement of the tribal claims on the Animas and La Plata
Rivers that provides the Tribes with a firm water supply without
taking water away from existing uses.
(4) The Agreement contemplated a specific timetable for the
delivery of irrigation and municipal and industrial water
[[Page 114 STAT. 2763A-259]]
and other benefits to the Tribes from the Animas-La Plata
Project, which timetable has not been met. The provision of
irrigation water can not presently be satisfied under the
current implementation of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) and the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(5) In order to meet the requirements of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and in particular
the various biological opinions issued by the Fish and Wildlife
Service, the amendments made by this title are needed to provide
for a significant reduction in the facilities and water supply
contemplated under the Agreement.
(6) The substitute benefits provided to the Tribes under the
amendments made by this title, including the waiver of capital
costs and the provisions of funds for natural resource
enhancement, result in a settlement that provides the Tribes
with benefits that are equivalent to those that the Tribes would
have received under the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973).
(7) The requirement that the Secretary of the Interior
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other national environmental laws
before implementing the proposed settlement will ensure that the
satisfaction of the tribal water rights is accomplished in an
environmentally responsible fashion.
(8) In considering the full range of alternatives for
satisfying the water rights claims of the Southern Ute Indian
Tribe and Ute Mountain Ute Indian Tribe, Congress has held
numerous legislative hearings and deliberations, and reviewed
the considerable record including the following documents:
(A) The Final EIS No. INT-FES-80-18, dated July 1,
1980.
(B) The Draft Supplement to the FES No. INT-DES-92-
41, dated October 13, 1992.
(C) The Final Supplemental to the FES No. 96-23,
dated April 26, 1996;
(D) The Draft Supplemental EIS, dated January 14,
2000.
(E) The Final Supplemental EIS, dated July 2000.
(F) The Record of Decision for the Settlement of the
Colorado Ute Indian Waters, September 25, 2000.
(9) In the Record of Decision referred to in paragraph
(8)(F), the Secretary determined that the preferred alternative
could only proceed if Congress amended the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585; 102
Stat. 2973) so as to satisfy the Tribal water rights claim
through the construction of the features authorized by this
title. The amendments to the Colorado Ute Indian Water Rights
Settlement Act of 1988 set forth in this title will provide the
Ute Tribes with substitute benefits equivalent to those that the
Tribes would have received under the Colorado Ute Indian Water
Rights Settlement Act of 1988, in a manner consistent with
paragraph (8) and the Federal Government's trust obligation.
(10) Based upon paragraph (8), it is the intent of Congress
to enact legislation that implements the Record of Decision
referred to in paragraph (8)(F).
[[Page 114 STAT. 2763A-260]]
(c) Definitions.--In this title:
(1) Agreement.--The term ``Agreement'' has the meaning given
that term in section 3(1) of the
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100-
585; 102 Stat. 2973).
(2) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given that term in section 3(2) of the
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public
Law 100-585; 102 Stat. 2973).
(3) Dolores project.--The term ``Dolores Project'' has the
meaning given that term in section 3(3) of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law 100-585;
102 Stat. 2974).
(4) Tribe; tribes.--The term ``Tribe'' or ``Tribes'' has the
meaning given that term in section 3(6) of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law 100-585;
102 Stat. 2974).
SEC. 302. AMENDMENTS TO SECTION 6 OF THE COLORADO UTE INDIAN WATER
RIGHTS SETTLEMENT ACT OF 1988.
Subsection (a) of section 6 of the Colorado Ute Indian Water Rights
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2975) is amended
to read as follows:
``(a) Reservoir; Municipal and Industrial Water.--
``(1) Facilities.--
``(A) In general.--After the date of enactment of
this subsection, but prior to January 1, 2005, or the
date established in the Amended Final Decree described
in section 18(c), the Secretary, in order to settle the
outstanding claims of the Tribes on the Animas and La
Plata Rivers, acting through the Bureau of Reclamation,
is specifically authorized to--
``(i) complete construction of, and operate
and maintain, a reservoir, a pumping plant, a
reservoir inlet conduit, and appurtenant
facilities with sufficient capacity to divert and
store water from the Animas River to provide for
an average annual depletion of 57,100 acre-feet of
water to be used for a municipal and industrial
water supply, which facilities shall--
``(I) be designed and operated in
accordance with the hydrologic regime
necessary for the recovery of the
endangered fish of the San Juan River as
determined by the San Juan River
Recovery Implementation Program;
``(II) be operated in accordance
with the Animas-La Plata Project Compact
as approved by Congress in Public Law
90-537;
``(III) include an inactive pool of
an appropriate size to be determined by
the Secretary following the completion
of required environmental compliance
activities; and
``(IV) include those recreation
facilities determined to be appropriate
by agreement between the State of
Colorado and the Secretary that shall
address the payment of any of the costs
of such facilities by the State of
Colorado in addition to the costs
described in paragraph (3); and
[[Page 114 STAT. 2763A-261]]
``(ii) deliver, through the use of the project
components referred to in clause (i), municipal
and industrial water allocations--
``(I) with an average annual
depletion not to exceed 16,525 acre-feet
of water, to the Southern Ute Indian
Tribe for its present and future needs;
``(II) with an average annual
depletion not to exceed 16,525 acre-feet
of water, to the Ute Mountain Ute Indian
Tribe for its present and future needs;
``(III) with an average annual
depletion not to exceed 2,340 acre-feet
of water, to the Navajo Nation for its
present and future needs;
``(IV) with an average annual
depletion not to exceed 10,400 acre-feet
of water, to the San Juan Water
Commission for its present and future
needs;
``(V) with an average annual
depletion of an amount not to exceed
2,600 acre-feet of water, to the Animas-
La Plata Conservancy District for its
present and future needs;
``(VI) with an average annual
depletion of an amount not to exceed
5,230 acre-feet of water, to the State
of Colorado for its present and future
needs; and
``(VII) with an average annual
depletion of an amount not to exceed 780
acre-feet of water, to the La Plata
Conservancy District of New Mexico for
its present and future needs.
``(B) Applicability of other federal law.--The
responsibilities of the Secretary described in
subparagraph (A) are subject to the requirements of
Federal laws related to the protection of the
environment and otherwise applicable to the construction
of the proposed facilities, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Clean Water Act (42 U.S.C. 7401 et seq.), and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.). Nothing in this Act shall be construed to
predetermine or otherwise affect the outcome of any
analysis conducted by the Secretary or any other Federal
official under applicable laws.
``(C) Limitation.--
``(i) In general.--If constructed, the
facilities described in subparagraph (A) shall
constitute the Animas-La Plata Project.
Construction of any other project features
authorized by Public Law 90-537 shall not be
commenced without further express authorization
from Congress.
``(ii) Contingency in application.--If the
facilities described in subparagraph (A) are not
constructed and operated, clause (i) shall not
take effect.
``(2) Tribal construction costs.--Construction costs
allocable to the facilities that are required to deliver the
municipal and industrial water allocations described in
subclauses (I), (II) and (III) of paragraph (1)(A)(ii) shall be
nonreimbursable to the United States.
``(3) Nontribal water capital obligations.--
[[Page 114 STAT. 2763A-262]]
``(A) In general.--Under the provisions of section 9
of the Act of August 4, 1939 (43 U.S.C. 485h), the
nontribal municipal and industrial water capital
repayment obligations for the facilities described in
paragraph (1)(A)(i) may be satisfied upon the payment in
full of the nontribal water capital obligations prior to
the initiation of construction. The amount of the
obligations described in the preceding sentence shall be
determined by agreement between the Secretary of the
Interior and the entity responsible for such repayment
as to the appropriate reimbursable share of the
construction costs allocated to that entity's municipal
water storage. Such repayment shall be consistent with
Federal reclamation law, including the Colorado River
Storage Project Act of 1956 (43 U.S.C. 620 et seq.).
Such agreement shall take into account the fact that the
construction of certain project facilities, including
those facilities required to provide irrigation water
supplies from the Animas-La Plata Project, is not
authorized under paragraph (1)(A)(i) and no costs
associated with the design or development of such
facilities, including costs associated with
environmental compliance, shall be allocable to the
municipal and industrial users of the facilities
authorized under such paragraph.
``(B) Nontribal repayment obligation subject to
final cost allocation.--The nontribal repayment
obligation set forth in subparagraph (A) shall be
subject to a final cost allocation by the Secretary upon
project completion. In the event that the final cost
allocation indicates that additional repayment is
warranted based on the applicable entity's share of
project water storage and determination of overall
reimbursable cost, that entity may elect to enter into a
new agreement to make the additional payment necessary
to secure the full water supply identified in paragraph
(1)(A)(ii). If the repayment entity elects not to enter
into a new agreement, the portion of project storage
relinquished by such election shall be available to the
Secretary for allocation to other project purposes.
Additional repayment shall only be warranted for
reasonable and unforeseen costs associated with project
construction as determined by the Secretary in
consultation with the relevant repayment entities.
``(C) Report.--Not later than April 1, 2001, the
Secretary shall report to Congress on the status of the
cost-share agreements contemplated in subparagraph (A).
In the event that no agreement is reached with either
the Animas-La Plata Conservancy District or the State of
Colorado for the water allocations set forth in
subclauses (V) and (VI) of paragraph
(1)(A)(ii), those allocations shall be reallocated equally to the
Colorado Ute Tribes.
``(4) Tribal water allocations.--
``(A) In general.--With respect to municipal and
industrial water allocated to a Tribe from the Animas-La
Plata Project or the Dolores Project, until that water
is first used by a Tribe or used pursuant to a water use
contract with the Tribe, the Secretary shall pay the
annual operation, maintenance, and replacement costs
allocable
[[Page 114 STAT. 2763A-263]]
to that municipal and industrial water allocation of the
Tribe.
``(B) Treatment of costs.--A Tribe shall not be
required to reimburse the Secretary for the payment of
any cost referred to in subparagraph (A).
``(5) Repayment of pro rata share.--Upon a Tribe's first use
of an increment of a municipal and industrial water allocation
described in paragraph (4), or the Tribe's first use of such
water pursuant to the terms of a water use contract--
``(A) repayment of that increment's pro rata share
of those allocable construction costs for the Dolores
Project shall be made by the Tribe; and
``(B) the Tribe shall bear a pro rata share of the
allocable annual operation, maintenance, and replacement
costs of the increment as referred to in paragraph
(4).''.
SEC. 303. MISCELLANEOUS.
The Colorado Ute Indian Water Rights Settlement Act of 1988 (Public
Law 100-585; 102 Stat. 2973) is amended by adding at the end the
following:
``SEC. 15. NEW MEXICO AND NAVAJO NATION WATER MATTERS.
``(a) Assignment of Water Permit.--Upon the request of the State
Engineer of the State of New Mexico, the Secretary shall, as soon as
practicable, in a manner consistent with applicable law, assign, without
consideration, to the New Mexico Animas-La Plata Project beneficiaries
or to the New Mexico Interstate Stream Commission in accordance with the
request of the State Engineer, the Department of the Interior's interest
in New Mexico State Engineer Permit Number 2883, dated May 1, 1956, in
order to fulfill the New Mexico non-Navajo purposes of the Animas-La
Plata Project, so long as the permit assignment does not affect the
application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to the use of the water involved.
``(b) Navajo Nation Municipal Pipeline.--The Secretary is
specifically authorized to construct a water line to augment the
existing system that conveys the municipal water supplies, in an amount
not less than 4,680 acre-feet per year, to the Navajo Indian Reservation
at or near Shiprock, New Mexico. The Secretary shall comply with all
applicable environmental laws with respect to such water line.
Construction costs allocated to the Navajo Nation for such water line
shall be nonreimbursable to the United States.
``(c) Protection of Navajo Water Claims.--Nothing in this Act,
including the permit assignment authorized by subsection (a), shall be
construed to quantify or otherwise adversely affect the water rights and
the claims of entitlement to water of the Navajo Nation.
``SEC. 16. RESOURCE FUNDS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $8,000,000 for each of fiscal
years 2002 through 2006. Not later than 60 days after amounts are
appropriated and available to the Secretary for a fiscal year under this
paragraph, the Secretary shall make a payment to each of the Tribal
Resource Funds established under subsection (b). Each such payment shall
be equal to 50 percent of the amount appropriated for the fiscal year
involved.
``(b) Funds.--The Secretary shall establish a--
[[Page 114 STAT. 2763A-264]]
``(1) Southern Ute Tribal Resource Fund; and
``(2) Ute Mountain Ute Tribal Resource Fund.
``(c) Tribal Development.--
``(1) Investment.--The Secretary shall, in the absence of an
approved tribal investment plan provided for under paragraph
(2), invest the amount in each Tribal Resource Fund established
under subsection (b) in accordance with the Act entitled, `An
Act to authorize the deposit and investment of Indian funds'
approved June 24, 1938 (25 U.S.C. 162a). With the exception of
the funds referred to in paragraph (3)(B)(i), the Secretary
shall disburse, at the request of a Tribe, the principal and
income in its Resource Fund, or any part thereof, in accordance
with a resource acquisition and enhancement plan approved under
paragraph (3).
``(2) Investment plan.--
``(A) In general.--In lieu of the investment
provided for in paragraph (1), a Tribe may submit a
tribal investment plan applicable to all or part of the
Tribe's Tribal Resource Fund, except with respect to the
funds referred to in paragraph (3)(B)(i).
``(B) Approval.--Not later than 60 days after the
date on which an investment plan is submitted under
subparagraph (A), the Secretary shall approve such
investment plan if the Secretary finds that the plan is
reasonable and sound. If the Secretary does not approve
such investment plan, the Secretary shall set forth in
writing and with particularity the reasons for such
disapproval. If such investment plan is approved by the
Secretary, the Tribal Resource Fund involved shall be
disbursed to the Tribe to be invested by the Tribe in
accordance with the approved investment plan, subject to
subsection (d).
``(C) Compliance.--The Secretary may take such steps
as the Secretary determines to be necessary to monitor
the compliance of a Tribe with an investment plan
approved under subparagraph (B). The United States shall
not be responsible for the review, approval, or audit of
any individual investment under the plan. The United
States shall not be directly or indirectly liable with
respect to any such investment, including any act or
omission of the Tribe in managing or investing such
funds.
``(D) Economic development plan.--The principal and
income derived from tribal investments under an
investment plan approved under subparagraph (B) shall be
subject to the provisions of this section and shall be
expended only in accordance with an economic development
plan approved under paragraph (3)(B).
``(3) Economic development plan.--
``(A) In general.--Each Tribe shall submit to the
Secretary a resource acquisition and enhancement plan
for all or any portion of its Tribal Resource Fund.
``(B) Approval.--Not later than 60 days after the
date on which a plan is submitted under subparagraph
(A), the Secretary shall approve such plan if it is
consistent with the following requirements:
``(i) With respect to at least three-fourths
of the funds appropriated pursuant to this section
and consistent with the long-standing practice of
the Tribes
[[Page 114 STAT. 2763A-265]]
and other local entities and communities to work
together to use their respective water rights and
resources for mutual benefit, at least three-
fourths of the funds appropriated pursuant to this
section shall be utilized to enhance, restore, and
utilize the Tribes' natural resources in
partnership with adjacent non-Indian communities
or entities in the area.
``(ii) The plan must be reasonably related to
the protection, acquisition, enhancement, or
development of natural resources for the benefit
of the Tribe and its members.
``(iii) Notwithstanding any other provision of
law and in order to ensure that the Federal
Government fulfills the objectives of the Record
of Decision referred to in section 301(b)(8)(F) of
the Colorado Ute Settlement Act Amendments of 2000
by requiring that the funds referred to in clause
(i) are expended directly by employees of the
Federal Government, the Secretary acting through
the Bureau of Reclamation shall expend not less
than one-third of the funds referred to in clause
(i) for municipal or rural water development and
not less than two-thirds of the funds referred to
such clause for resource acquisition and
enhancement.
``(C) Modification.--Subject to the provisions of
this Act and the approval of the Secretary, each Tribe
may modify a plan approved under subparagraph (B).
``(D) Liability.--The United States shall not be
directly or indirectly liable for any claim or cause of
action arising from the approval of a plan under this
paragraph, or from the use and expenditure by the Tribe
of the principal or interest of the Funds.
``(d) Limitation on Per Capita Distributions.--No part of the
principal contained in the Tribal Resource Fund, or of the income
accruing to such funds, or the revenue from any water use contract,
shall be distributed to any member of either Tribe on a per capita
basis.
``(e) Limitation on Setting Aside Final Consent Decree.--Neither the
Tribes nor the United States shall have the right to set aside the final
consent decree solely because the requirements of subsection (c) are not
complied with or implemented.
``(f ) Limitation on Disbursement of Tribal Resource Funds.--Any
funds appropriated under this section shall be placed into the Southern
Ute Tribal Resource Fund and the Ute Mountain Ute Tribal Resource Fund
in the Treasury of the United States but shall not be available for
disbursement under this section until the final settlement of the tribal
claims as provided in section 18. The Secretary of the Interior may, in
the Secretary's sole discretion, authorize the disbursement of funds
prior to the final settlement in the event that the Secretary determines
that substantial portions of the settlement have been completed. In the
event that the funds are not disbursed under the terms of this section
by December 31, 2012, such funds shall be deposited in the general fund
of the Treasury.
[[Page 114 STAT. 2763A-266]]
``SEC. 17. COLORADO UTE SETTLEMENT FUND.
``(a) Establishment of Fund.--There is hereby established within the
Treasury of the United States a fund to be known as the `Colorado Ute
Settlement Fund'.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Colorado Ute Settlement Fund such funds as are
necessary to complete the construction of the facilities described in
sections 6(a)(1)(A) and 15(b) within 7 years of the date of enactment of
this section. Such funds are authorized to be appropriated for each of
the first 5 fiscal years beginning with the first full fiscal year
following the date of enactment of this section.
``SEC. 18. FINAL SETTLEMENT.
``(a) In General.--The construction of the facilities described in
section 6(a)(1)(A), the allocation of the water supply from those
facilities to the Tribes as described in that section, and the provision
of funds to the Tribes in accordance with section 16 and the issuance of
an amended final consent decree as contemplated in subsection (c) shall
constitute final settlement of the tribal claims to water rights on the
Animas and La Plata Rivers in the State of Colorado.
``(b) Statutory Construction.--Nothing in this section shall be
construed to affect the right of the Tribes to water rights on the
streams and rivers described in the Agreement, other than the Animas and
La Plata Rivers, to receive the amounts of water dedicated to tribal use
under the Agreement, or to acquire water rights under the laws of the
State of Colorado.
``(c) Action by the Attorney General.--The Attorney General shall
file with the District Court, Water Division Number 7, of the State of
Colorado, such instruments as may be necessary to request the court to
amend the final consent decree to provide for the amendments made to
this Act under the Colorado Ute Indian Water Rights Settlement Act
Amendments of 2000. The amended final consent decree shall specify terms
and conditions to provide for an extension of the current January 1,
2005, deadline for the Tribes to commence litigation of their reserved
rights claims on the Animas and La Plata Rivers.
``SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN FUNDS.
``(a) In General.--Nothing in the amendments made by the Colorado
Ute Settlement Act Amendments of 2000 shall be construed to affect the
applicability of any provision of this Act.
``(b) Treatment of Uncommitted Portion of Cost-Sharing Obligation.--
The uncommitted portion of the cost-sharing obligation of the State of
Colorado referred to in section 6(a)(3) shall be made available, upon
the request of the State of Colorado, to the State of Colorado after the
date on which payment is made of the amount specified in that
section.''.
TITLE IV
SEC. 401. DESIGNATION OF AMERICAN MUSEUM OF SCIENCE AND ENERGY.
(a) In General.--The Museum--
(1) is designated as the ``American Museum of Science and
Energy''; and
[[Page 114 STAT. 2763A-267]]
(2) shall be the official museum of science and energy of
the United States.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Museum is deemed to
be a reference to the ``American Museum of Science and Energy''.
(c) Property of the United States.--
(1) In general.--The name ``American Museum of Science and
Energy'' is declared the property of the United States.
(2) Use.--The Museum shall have the sole right throughout
the United States and its possessions to have and use the name
``American Museum of Science and Energy''.
(3) Effect on other rights.--This subsection shall not be
construed to conflict or interfere with established or vested
rights.
SEC. 402. AUTHORITY.
To carry out the activities of the Museum, the Secretary may--
(1) accept and dispose of any gift, devise, or bequest of
services or property, real or personal, that is--
(A) designated in a written document by the person
making the gift, devise, or bequest as intended for the
Museum; and
(B) determined by the Secretary to be suitable and
beneficial for use by the Museum;
(2) operate a retail outlet on the premises of the Museum
for the purpose of selling or distributing items (including
mementos, food, educational materials, replicas, and literature)
that are--
(A) relevant to the contents of the Museum; and
(B) informative, educational, and tasteful;
(3) collect reasonable fees where feasible and appropriate;
(4) exhibit, perform, display, and publish materials and
information of or relating to the Museum in any media or place;
(5) consistent with guidelines approved by the Secretary,
lease space on the premises of the Museum at reasonable rates
and for uses consistent with such guidelines; and
(6) use the proceeds of activities authorized under this
section to pay the costs of the Museum.
SEC. 403. MUSEUM VOLUNTEERS.
(a) Authority To Use Volunteers.--The Secretary may recruit, train,
and accept the services of individuals or entities as volunteers for
services or activities related to the Museum.
(b) Status of Volunteers.--
(1) In general.--Except as provided in paragraph (2),
service by a volunteer under subsection (a) shall not be
considered Federal employment.
(2) Exceptions.--
(A) Federal tort claims act.--For purposes of
chapter 171 of title 28, United States Code, a volunteer
under subsection (a) shall be treated as an employee of
the Government (as defined in section 2671 of that
title).
(B) Compensation for work injuries.--For purposes of
subchapter I of chapter 81 of title 5, United States
[[Page 114 STAT. 2763A-268]]
Code, a volunteer described in subsection (a) shall be
treated as an employee (as defined in section 8101 of
title 5, United States Code).
(c) Compensation.--A volunteer under subsection (a) shall serve
without pay, but may receive nominal awards and reimbursement for
incidental expenses, including expenses for a uniform or transportation
in furtherance of Museum activities.
SEC. 404. DEFINITIONS.
For purposes of this Act:
(1) Museum.--The term ``Museum'' means the museum operated
by the Secretary of Energy and located at 300 South Tulane
Avenue in Oak Ridge, Tennessee.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy or a designated representative of the Secretary.
TITLE V--LOWER MISSISSIPPI RIVER REGION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Delta Regional Authority Act of
2000''.
SEC. 502. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the lower Mississippi River region (referred to in this
title as the ``region''), though rich in natural and human
resources, lags behind the rest of the United States in economic
growth and prosperity;
(2) the region suffers from a greater proportion of
measurable poverty and unemployment than any other region of the
United States;
(3) the greatest hope for economic growth and revitalization
in the region lies in the development of transportation
infrastructure, creation of jobs, expansion of businesses, and
development of entrepreneurial local economies;
(4) the economic progress of the region requires an adequate
transportation and physical infrastructure, a skilled and
trained workforce, and greater opportunities for enterprise
development and entrepreneurship;
(5) a concerted and coordinated effort among Federal, State,
and local agencies, the private sector, and nonprofit groups is
needed if the region is to achieve its full potential for
economic development;
(6) economic development planning on a regional or
multicounty basis offers the best prospect for achieving the
maximum benefit from public and private investments; and
(7) improving the economy of the region requires a special
emphasis on areas of the region that are most economically
distressed.
(b) Purposes.--The purposes of this title are--
(1) to promote and encourage the economic development of the
region--
(A) to ensure that the communities and people in the
region have the opportunity for economic development;
and
[[Page 114 STAT. 2763A-269]]
(B) to ensure that the economy of the region reaches
economic parity with that of the rest of the United
States;
(2) to establish a formal framework for joint Federal-State
collaboration in meeting and focusing national attention on the
economic development needs of the region;
(3) to assist the region in obtaining the transportation and
basic infrastructure, skills training, and opportunities for
economic development that are essential for strong local
economies;
(4) to foster coordination among all levels of government,
the private sector, and nonprofit groups in crafting common
regional strategies that will lead to broader economic growth;
(5) to strengthen efforts that emphasize regional approaches
to economic development and planning;
(6) to encourage the participation of interested citizens,
public officials, agencies, and others in developing and
implementing local and regional plans for broad-based economic
and community development; and
(7) to focus special attention on areas of the region that
suffer from the greatest economic distress.
SEC. 503. DELTA REGIONAL AUTHORITY.
The Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) is amended by adding at the end the following:
``Subtitle F--Delta Regional Authority
``SEC. 382A. DEFINITIONS.
``In this subtitle:
``(1) Authority.--The term `Authority' means the Delta
Regional Authority established by section 382B.
``(2) Region.--The term `region' means the Lower Mississippi
(as defined in section 4 of the
Delta Development Act (42 U.S.C. 3121 note; Public Law 100-460)).
``(3) Federal grant program.--The term `Federal grant
program' means a Federal grant program to provide assistance
in--
``(A) acquiring or developing land;
``(B) constructing or equipping a highway, road,
bridge, or facility; or
``(C) carrying out other economic development
activities.
``SEC. 382B. DELTA REGIONAL AUTHORITY.
``(a) Establishment.--
``(1) In general.--There is established the Delta Regional
Authority.
``(2) Composition.--The Authority shall be composed of--
``(A) a Federal member, to be appointed by the
President, with the advice and consent of the Senate;
and
``(B) the Governor (or a designee of the Governor)
of each State in the region that elects to participate
in the Authority.
``(3) Cochairpersons.--The Authority shall be headed by--
``(A) the Federal member, who shall serve--
``(i) as the Federal cochairperson; and
``(ii) as a liaison between the Federal
Government and the Authority; and
[[Page 114 STAT. 2763A-270]]
``(B) a State cochairperson, who--
``(i) shall be a Governor of a participating
State in the region; and
``(ii) shall be elected by the State members
for a term of not less than 1 year.
``(b) Alternate Members.--
``(1) State alternates.--The State member of a participating
State may have a single alternate, who shall be--
``(A) a resident of that State; and
``(B) appointed by the Governor of the State.
``(2) Alternate federal cochairperson.--The President shall
appoint an alternate Federal cochairperson.
``(3) Quorum.--A State alternate shall not be counted toward
the establishment of a quorum of the Authority in any instance
in which a quorum of the State members is required to be
present.
``(4) Delegation of power.--No power or responsibility of
the Authority specified in paragraphs (2) and (3) of subsection
(c), and no voting right of any Authority member, shall be
delegated to any person--
``(A) who is not an Authority member; or
``(B) who is not entitled to vote in Authority
meetings.
``(c) Voting.--
``(1) In general.--A decision by the Authority shall require
a majority vote of the Authority (not including any member
representing a State that is delinquent under subsection
(g)(2)(C)) to be effective.
``(2) Quorum.--A quorum of State members shall be required
to be present for the Authority to make any policy decision,
including--
``(A) a modification or revision of an Authority
policy decision;
``(B) approval of a State or regional development
plan; and
``(C) any allocation of funds among the States.
``(3) Project and grant proposals.--The approval of project
and grant proposals shall be--
``(A) a responsibility of the Authority; and
``(B) conducted in accordance with section 382I.
``(4) Voting by alternate members.--An alternate member
shall vote in the case of the absence, death, disability,
removal, or resignation of the Federal or State representative
for which the alternate member is an alternate.
``(d) Duties.--The Authority shall--
``(1) develop, on a continuing basis, comprehensive and
coordinated plans and programs to establish priorities and
approve grants for the economic development of the region,
giving due consideration to other Federal, State, and local
planning and development activities in the region;
``(2) not later than 220 days after the date of enactment of
this subtitle, establish priorities in a development plan for
the region (including 5-year regional outcome targets);
``(3) assess the needs and assets of the region based on
available research, demonstrations, investigations, assessments,
and evaluations of the region prepared by Federal, State, and
local agencies, universities, local development districts, and
other nonprofit groups;
[[Page 114 STAT. 2763A-271]]
``(4) formulate and recommend to the Governors and
legislatures of States that participate in the Authority forms
of interstate cooperation;
``(5) work with State and local agencies in developing
appropriate model legislation;
``(6)(A) enhance the capacity of, and provide support for,
local development districts in the region; or
``(B) if no local development district exists in an area in
a participating State in the region, foster the creation of a
local development district;
``(7) encourage private investment in industrial,
commercial, and other economic development projects in the
region; and
``(8) cooperate with and assist State governments with
economic development programs of participating States.
``(e) Administration.--In carrying out subsection (d), the Authority
may--
``(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and print or
otherwise reproduce and distribute a description of the
proceedings and reports on actions by the Authority as the
Authority considers appropriate;
``(2) authorize, through the Federal or State cochairperson
or any other member of the Authority designated by the
Authority, the administration of oaths if the Authority
determines that testimony should be taken or evidence received
under oath;
``(3) request from any Federal, State, or local department
or agency such information as may be available to or procurable
by the department or agency that may be of use to the Authority
in carrying out duties of the Authority;
``(4) adopt, amend, and repeal bylaws and rules governing
the conduct of Authority business and the performance of
Authority duties;
``(5) request the head of any Federal department or agency
to detail to the Authority such personnel as the Authority
requires to carry out duties of the Authority, each such detail
to be without loss of seniority, pay, or other employee status;
``(6) request the head of any State department or agency or
local government to detail to the Authority such personnel as
the Authority requires to carry out duties of the Authority,
each such detail to be without loss of seniority, pay, or other
employee status;
``(7) provide for coverage of Authority employees in a
suitable retirement and employee benefit system by--
``(A) making arrangements or entering into contracts
with any participating State government; or
``(B) otherwise providing retirement and other
employee benefit coverage;
``(8) accept, use, and dispose of gifts or donations of
services or real, personal, tangible, or intangible property;
``(9) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as are necessary
to carry out Authority duties, including any contracts, leases,
or cooperative agreements with--
``(A) any department, agency, or instrumentality of
the United States;
[[Page 114 STAT. 2763A-272]]
``(B) any State (including a political subdivision,
agency, or instrumentality of the State); or
``(C) any person, firm, association, or corporation;
and
``(10) establish and maintain a central office and field
offices at such locations as the Authority may select.
``(f ) Federal Agency Cooperation.--A Federal agency shall--
``(1) cooperate with the Authority; and
``(2) provide, on request of the Federal cochairperson,
appropriate assistance in carrying out this subtitle, in
accordance with applicable Federal laws (including regulations).
``(g) Administrative Expenses.--
``(1) In general.--Administrative expenses of the Authority
(except for the expenses of the Federal cochairperson, including
expenses of the alternate and staff of the Federal
cochairperson, which shall be paid solely by the Federal
Government) shall be paid--
``(A) by the Federal Government, in an amount equal
to 50 percent of the administrative expenses; and
``(B) by the States in the region participating in
the Authority, in an amount equal to 50 percent of the
administrative expenses.
``(2) State share.--
``(A) In general.--The share of administrative
expenses of the Authority to be paid by each State shall
be determined by the Authority.
``(B) No federal participation.--The Federal
cochairperson shall not participate or vote in any
decision under subparagraph (A).
``(C) Delinquent states.--If a State is delinquent
in payment of the State's share of administrative
expenses of the Authority under this subsection--
``(i) no assistance under this subtitle shall
be furnished to the State (including assistance to
a political subdivision or a resident of the
State); and
``(ii) no member of the Authority from the
State shall participate or vote in any action by
the Authority.
``(h) Compensation.--
``(1) Federal cochairperson.--The Federal cochairperson
shall be compensated by the Federal Government at level III of
the Executive Schedule in subchapter II of chapter 53 of title
5, United States Code.
``(2) Alternate federal cochairperson.--The alternate
Federal cochairperson--
``(A) shall be compensated by the Federal Government
at level V of the Executive Schedule described in
paragraph (1); and
``(B) when not actively serving as an alternate for
the Federal cochairperson, shall perform such functions
and duties as are delegated by the Federal
cochairperson.
``(3) State members and alternates.--
``(A) In general.--A State shall compensate each
member and alternate representing the State on the
Authority at the rate established by law of the State.
``(B) No additional compensation.--No State member
or alternate member shall receive any salary, or any
contribution to or supplementation of salary from any
source
[[Page 114 STAT. 2763A-273]]
other than the State for services provided by the member
or alternate to the Authority.
``(4) Detailed employees.--
``(A) In general.--No person detailed to serve the
Authority under subsection (e)(6) shall receive any
salary or any contribution to or supplementation of
salary for services provided to the Authority from--
``(i) any source other than the State, local,
or intergovernmental department or agency from
which the person was detailed; or
``(ii) the Authority.
``(B) Violation.--Any person that violates this
paragraph shall be fined not more than $5,000,
imprisoned not more than 1 year, or both.
``(C) Applicable law.--The Federal cochairperson,
the alternate Federal cochairperson, and any Federal
officer or employee detailed to duty on the Authority
under subsection (e)(5) shall not be subject to
subparagraph (A), but shall remain subject to sections
202 through 209 of title 18, United States Code.
``(5) Additional personnel.--
``(A) Compensation.--
``(i) In general.--The Authority may appoint
and fix the compensation of an executive director
and such other personnel as are necessary to
enable the Authority to carry out the duties of
the Authority.
``(ii) Exception.--Compensation under clause
(i) shall not exceed the maximum rate for the
Senior Executive Service under section 5382 of
title 5, United States Code, including any
applicable locality-based comparability payment
that may be authorized under section 5304(h)(2)(C)
of that title.
``(B) Executive director.--The executive director
shall be responsible for--
``(i) the carrying out of the administrative
duties of the Authority;
``(ii) direction of the Authority staff; and
``(iii) such other duties as the Authority may
assign.
``(C) No federal employee status.--No member,
alternate, officer, or employee of the Authority (except
the Federal cochairperson of the Authority, the
alternate and staff for the Federal cochairperson, and
any Federal employee detailed to the Authority under
subsection (e)(5)) shall be considered to be a Federal employee for any
purpose.
``(i) Conflicts of Interest.--
``(1) In general.--Except as provided under paragraph (2),
no State member, alternate, officer, or employee of the
Authority shall participate personally and substantially as a
member, alternate, officer, or employee of the Authority,
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation, or otherwise, in any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, or other matter in
which, to knowledge of the member, alternate, officer, or
employee--
``(A) the member, alternate, officer, or employee;
[[Page 114 STAT. 2763A-274]]
``(B) the spouse, minor child, partner, or
organization (other than a State or political
subdivision of the State) of the member, alternate,
officer, or employee, in which the member, alternate,
officer, or employee is serving as officer, director,
trustee, partner, or employee; or
``(C) any person or organization with whom the
member, alternate, officer, or employee is negotiating
or has any arrangement concerning prospective
employment;
has a financial interest.
``(2) Disclosure.--Paragraph (1) shall not apply if the
State member, alternate, officer, or employee--
``(A) immediately advises the Authority of the
nature and circumstances of the proceeding, application,
request for a ruling or other determination, contract,
claim, controversy, or other particular matter
presenting a potential conflict of interest;
``(B) makes full disclosure of the financial
interest; and
``(C) before the proceeding concerning the matter
presenting the conflict of interest, receives a written
determination by the Authority that the interest is not
so substantial as to be likely to affect the integrity
of the services that the Authority may expect from the
State member, alternate, officer, or employee.
``(3) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned not more than 2
years, or both.
``( j) Validity of Contracts, Loans, and Grants.--The Authority may
declare void any contract, loan, or grant of or by the Authority in
relation to which the Authority determines that there has been a
violation of any provision under subsection (h)(4), subsection (i), or
sections 202 through 209 of title 18, United States Code.
``SEC. 382C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.
``(a) In General.--The Authority may approve grants to States and
public and nonprofit entities for projects, approved in accordance with
section 382I--
``(1) to develop the transportation infrastructure of the
region for the purpose of facilitating economic development in
the region (except that grants for this purpose may only be made
to a State or local government);
``(2) to assist the region in obtaining the job training,
employment-related education, and business development (with an
emphasis on entrepreneurship) that are needed to build and
maintain strong local economies;
``(3) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for improving
basic public services;
``(4) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for equipping
industrial parks and related facilities; and
``(5) to otherwise achieve the purposes of this subtitle.
``(b) Funding.--
``(1) In general.--Funds for grants under subsection (a) may
be provided--
[[Page 114 STAT. 2763A-275]]
``(A) entirely from appropriations to carry out this
section;
``(B) in combination with funds available under
another Federal or Federal grant program; or
``(C) from any other source.
``(2) Priority of funding.--To best build the foundations
for long-term economic development and to complement other
Federal and State resources in the region, Federal funds
available under this subtitle shall be focused on the activities
in the following order or priority:
``(A) Basic public infrastructure in distressed
counties and isolated areas of distress.
``(B) Transportation infrastructure for the purpose
of facilitating economic development in the region.
``(C) Business development, with emphasis on
entrepreneurship.
``(D) Job training or employment-related education,
with emphasis on use of existing public educational
institutions located in the region.
``(3) Federal share in grant programs.--Notwithstanding any
provision of law limiting the Federal share in any grant
program, funds appropriated to carry out this section may be
used to increase a Federal share in a grant program, as the
Authority determines appropriate.
``SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.
``(a) Finding.--Congress finds that certain States and local
communities of the region, including local development districts, may be
unable to take maximum advantage of Federal grant programs for which the
States and communities are eligible because--
``(1) they lack the economic resources to meet the required
matching share; or
``(2) there are insufficient funds available under the
applicable Federal grant law authorizing the program to meet
pressing needs of the region.
``(b) Federal Grant Program Funding.--In accordance with subsection
(c), the Federal cochairperson may use amounts made available to carry
out this subtitle, without regard to any limitations on areas eligible
for assistance or authorizations for appropriation under any other Act,
to fund all or any portion of the basic Federal contribution to a
project or activity under a Federal grant program in the region in an
amount that is above the fixed maximum portion of the cost of the
project otherwise authorized by applicable law, but not to exceed 90
percent of the costs of the project (except as provided in section
382F(b)).
``(c) Certification.--
``(1) In general.--In the case of any program or project for
which all or any portion of the basic Federal contribution to
the project under a Federal grant program is proposed to be made
under this section, no Federal contribution shall be made until
the Federal official administering the Federal law authorizing
the contribution certifies that the program or project--
``(A) meets the applicable requirements of the
applicable Federal grant law; and
[[Page 114 STAT. 2763A-276]]
``(B) could be approved for Federal contribution
under the law if funds were available under the law for
the program or project.
``(2) Certification by authority.--
``(A) In general.--The certifications and
determinations required to be made by the Authority for
approval of projects under this subtitle in accordance
with section 382I--
``(i) shall be controlling; and
``(ii) shall be accepted by the Federal
agencies.
``(B) Acceptance by federal cochairperson.--Any
finding, report, certification, or documentation
required to be submitted to the head of the department,
agency, or instrumentality of the Federal Government
responsible for the administration of any Federal grant
program shall be accepted by the Federal cochairperson
with respect to a supplemental grant for any project
under the program.
``SEC. 382E. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND
ADMINISTRATIVE EXPENSES.
``(a) Definition of Local Development District.--In this section,
the term `local development district' means an entity that--
``(1) is--
``(A) a planning district in existence on the date
of enactment of this subtitle that is recognized by the
Economic Development Administration of the Department of
Commerce; or
``(B) where an entity described in subparagraph (A)
does not exist--
``(i) organized and operated in a manner that
ensures broad-based community participation and an
effective opportunity for other nonprofit groups
to contribute to the development and
implementation of programs in the region;
``(ii) governed by a policy board with at
least a simple majority of members consisting of
elected officials or employees of a general
purpose unit of local government who have been
appointed to represent the government;
``(iii) certified to the Authority as having a
charter or authority that includes the
economic development of counties or parts of counties or other political
subdivisions within the region--
``(I) by the Governor of each State
in which the entity is located; or
``(II) by the State officer
designated by the appropriate State law
to make the certification; and
``(iv)(I) a nonprofit incorporated body organized or
chartered under the law of the State in which the entity
is located;
``(II) a nonprofit agency or instrumentality of a
State or local government;
``(III) a public organization established before the
date of enactment of this subtitle under State law for
creation of multi-jurisdictional, area-wide planning
organizations; or
[[Page 114 STAT. 2763A-277]]
``(IV) a nonprofit association or combination of
bodies, agencies, and instrumentalities described in
subclauses (I) through (III); and
``(2) has not, as certified by the Federal cochairperson--
``(A) inappropriately used Federal grant funds from
any Federal source; or
``(B) appointed an officer who, during the period in
which another entity inappropriately used Federal grant
funds from any Federal source, was an officer of the
other entity.
``(b) Grants to Local Development Districts.--
``(1) In general.--The Authority may make grants for
administrative expenses under this section.
``(2) Conditions for grants.--
``(A) Maximum amount.--The amount of any grant
awarded under paragraph (1) shall not exceed 80 percent
of the administrative expenses of the local development
district receiving the grant.
``(B) Maximum period.--No grant described in
paragraph (1) shall be awarded to a State agency
certified as a local development district for a period
greater than 3 years.
``(C) Local share.--The contributions of a local
development district for administrative expenses may be
in cash or in kind, fairly evaluated, including space,
equipment, and services.
``(c) Duties of Local Development Districts.--A local development
district shall--
``(1) operate as a lead organization serving multicounty
areas in the region at the local level; and
``(2) serve as a liaison between State and local
governments, nonprofit organizations (including community-based
groups and educational institutions), the business community,
and citizens that--
``(A) are involved in multijurisdictional planning;
``(B) provide technical assistance to local
jurisdictions and potential grantees; and
``(C) provide leadership and civic development
assistance.
``SEC. 382F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED COUNTIES.
``(a) Designations.--Not later than 90 days after the date of
enactment of this subtitle, and annually thereafter, the Authority, in
accordance with such criteria as the Authority may establish, shall
designate--
``(1) as distressed counties, counties in the region that
are the most severely and persistently distressed and
underdeveloped and have high rates of poverty or unemployment;
``(2) as nondistressed counties, counties in the region that
are not designated as distressed counties under paragraph (1);
and
``(3) as isolated areas of distress, areas located in
nondistressed counties (as designated under paragraph (2)) that
have high rates of poverty or unemployment.
``(b) Distressed Counties.--
[[Page 114 STAT. 2763A-278]]
``(1) In general.--The Authority shall allocate at least 75
percent of the appropriations made available under section 382M
for programs and projects designed to serve the needs of
distressed counties and isolated areas of distress in the
region.
``(2) Funding limitations.--The funding limitations under
section 382D(b) shall not apply to a project providing
transportation or basic public services to residents of one or
more distressed counties or isolated areas of distress in the
region.
``(c) Nondistressed Counties.--
``(1) In general.--Except as provided in this subsection, no
funds shall be provided under this subtitle for a project
located in a county designated as a nondistressed county under
subsection (a)(2).
``(2) Exceptions.--
``(A) In general.--The funding prohibition under
paragraph (1) shall not apply to grants to fund the
administrative expenses of local development districts
under section 382E(b).
``(B) Multicounty projects.--The Authority may waive
the application of the funding prohibition under
paragraph (1) to--
``(i) a multicounty project that includes
participation by a nondistressed county; or
``(ii) any other type of project;
if the Authority determines that the project could bring
significant benefits to areas of the region outside a
nondistressed county.
``(C) Isolated areas of distress.--For a designation
of an isolated area of distress for assistance to be
effective, the designation shall be supported--
``(i) by the most recent Federal data
available; or
``(ii) if no recent Federal data are
available, by the most recent data available
through the government of the State in which the
isolated area of distress is located.
``(d) Transportation and Basic Public Infrastructure.--The Authority
shall allocate at least 50 percent of any funds made available under
section 382M for transportation and basic public infrastructure projects
authorized under paragraphs (1) and (3) of section 382C(a).
``SEC. 382G. DEVELOPMENT PLANNING PROCESS.
``(a) State Development Plan.--In accordance with policies
established by the Authority, each State member shall submit a
development plan for the area of the region represented by the State
member.
``(b) Content of Plan.--A State development plan submitted under
subsection (a) shall reflect the goals, objectives, and priorities
identified in the regional development plan developed under section
382B(d)(2).
``(c) Consultation With Interested Local Parties.--In carrying out
the development planning process (including the selection of programs
and projects for assistance), a State may--
``(1) consult with--
``(A) local development districts; and
[[Page 114 STAT. 2763A-279]]
``(B) local units of government; and
``(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
``(d) Public Participation.--
``(1) In general.--The Authority and applicable State and
local development districts shall encourage and assist, to the
maximum extent practicable, public participation in the
development, revision, and implementation of all plans and
programs under this subtitle.
``(2) Regulations.--The Authority shall develop guidelines
for providing public participation described in paragraph (1),
including public hearings.
``SEC. 382H. PROGRAM DEVELOPMENT CRITERIA.
``(a) In General.--In considering programs and projects to be
provided assistance under this subtitle, and in establishing a priority
ranking of the requests for assistance provided by the Authority, the
Authority shall follow procedures that ensure, to the maximum extent
practicable, consideration of--
``(1) the relationship of the project or class of projects
to overall regional development;
``(2) the per capita income and poverty and unemployment
rates in an area;
``(3) the financial resources available to the applicants
for assistance seeking to carry out the project, with emphasis
on ensuring that projects are adequately financed to maximize
the probability of successful economic development;
``(4) the importance of the project or class of projects in
relation to other projects or classes of projects that may be in
competition for the same funds;
``(5) the prospects that the project for which assistance is
sought will improve, on a continuing rather than a temporary
basis, the opportunities for employment, the average level of
income, or the economic development of the area served by the
project; and
``(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and
the results of the expenditures may be evaluated.
``(b) No Relocation Assistance.--No financial assistance authorized
by this subtitle shall be used to assist a person or entity in
relocating from one area to another, except that financial assistance
may be used as otherwise authorized by this title to attract businesses
from outside the region to the region.
``(c) Reduction of Funds.--Funds may be provided for a program or
project in a State under this subtitle only if the Authority determines
that the level of Federal or State financial assistance provided under a
law other than this subtitle, for the same type of program or project in
the same area of the State within the region, will not be reduced as a
result of funds made available by this subtitle.
``SEC. 382I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.
``(a) In General.--A State or regional development plan or any
multistate subregional plan that is proposed for development under this
subtitle shall be reviewed by the Authority.
``(b) Evaluation by State Member.--An application for a grant or any
other assistance for a project under this subtitle shall be
[[Page 114 STAT. 2763A-280]]
made through and evaluated for approval by the State member of the
Authority representing the applicant.
``(c) Certification.--An application for a grant or other assistance
for a project shall be approved only on certification by the State
member that the application for the project--
``(1) describes ways in which the project complies with any
applicable State development plan;
``(2) meets applicable criteria under section 382H;
``(3) provides adequate assurance that the proposed project
will be properly administered, operated, and maintained; and
``(4) otherwise meets the requirements of this subtitle.
``(d) Votes for Decisions.--On certification by a State member of
the Authority of an application for a grant or other assistance for a
specific project under this section, an affirmative vote of the
Authority under section 382B(c) shall be required for approval of the
application.
``SEC. 382J. CONSENT OF STATES.
``Nothing in this subtitle requires any State to engage in or accept
any program under this subtitle without the consent of the State.
``SEC. 382K. RECORDS.
``(a) Records of the Authority.--
``(1) In general.--The Authority shall maintain accurate and
complete records of all transactions and activities of the
Authority.
``(2) Availability.--All records of the Authority shall be
available for audit and examination by the Comptroller General
of the United States and the Inspector General of the Department
of Agriculture (including authorized representatives of the
Comptroller General and the Inspector General of the Department
of Agriculture).
``(b) Records of Recipients of Federal Assistance.--
``(1) In general.--A recipient of Federal funds under this
subtitle shall, as required by the Authority, maintain accurate
and complete records of transactions and activities financed
with Federal funds and report on the transactions and activities
to the Authority.
``(2) Availability.--All records required under paragraph
(1) shall be available for audit by the Comptroller General of
the United States, the Inspector General of the Department of
Agriculture, and the Authority (including authorized
representatives of the Comptroller General, the Inspector
General of the Department of Agriculture, and the Authority).
``(c) Annual Audit.--The Inspector General of the Department of
Agriculture shall audit the activities, transactions, and records of the
Authority on an annual basis.
``SEC. 382L. ANNUAL REPORT.
``Not later than 180 days after the end of each fiscal year, the
Authority shall submit to the President and to Congress a report
describing the activities carried out under this subtitle.
``SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Authority to carry out this subtitle $30,000,000 for each of fiscal
years 2001 through 2002, to remain available until expended.
[[Page 114 STAT. 2763A-281]]
``(b) Administrative Expenses.--Not more than 5 percent of the
amount appropriated under subsection (a) for a fiscal year shall be used
for administrative expenses of the Authority.
``SEC. 382N. TERMINATION OF AUTHORITY.
``This subtitle and the authority provided under this subtitle
expire on October 1, 2002.''.
SEC. 504. AREA COVERED BY LOWER MISSISSIPPI DELTA DEVELOPMENT
COMMISSION.
(a) In General.--Section 4(2)(D) of the Delta Development Act (42
U.S.C. 3121 note; 102 Stat. 2246) is amended by inserting
``Natchitoches,'' after ``Winn,''.
(b) Conforming Amendment.--The matter under the heading ``salaries
and expenses'' under the heading ``Farmers Home Administration'' in
title II of Public Law 100-460 (102 Stat. 2246) is amended in the fourth
proviso by striking ``carry out'' and all that follows through ``bills
are hereby'' and inserting ``carry out S. 2836, the Delta Development
Act, as introduced in the Senate on September 27, 1988, and that bill
is''.
TITLE VI--DAKOTA WATER RESOURCES ACT OF 2000
SEC. 601. SHORT TITLE.
This title may be cited as the ``Dakota Water Resources Act of
2000''.
SEC. 602. PURPOSES AND AUTHORIZATION.
Section 1 of Public Law 89-108 (79 Stat. 433; 100 Stat. 418) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``of'' and
inserting ``within'';
(B) in paragraph (5), by striking ``more timely''
and inserting ``appropriate''; and
(C) in paragraph (7), by striking ``federally-
assisted water resource development project providing
irrigation for 130,940 acres of land'' and inserting
``multipurpose federally assisted water resource project
providing irrigation, municipal, rural, and industrial
water systems, fish, wildlife, and other natural
resource conservation and development, recreation, flood
control, ground water recharge, and augmented stream
flows'';
(2) in subsection (b)--
(A) by inserting ``, jointly with the State of North
Dakota,'' after ``construct'';
(B) by striking ``the irrigation of 130,940 acres''
and inserting ``irrigation'';
(C) by striking ``fish and wildlife conservation''
and inserting ``fish, wildlife, and other natural
resource conservation'';
(D) by inserting ``augmented stream flows, ground
water recharge,'' after ``flood control,''; and
(E) by inserting ``(as modified by the Dakota Water
Resources Act of 2000)'' before the period at the end;
(3) in subsection (e), by striking ``terminated'' and all
that follows and inserting ``terminated.''; and
[[Page 114 STAT. 2763A-282]]
(4) by striking subsections (f ) and (g) and inserting the
following:
``(f ) Costs.--
``(1) Estimate.--The Secretary shall estimate--
``(A) the actual construction costs of the
facilities (including mitigation facilities) in
existence as of the date of enactment of the Dakota
Water Resources Act of 2000; and
``(B) the annual operation, maintenance, and
replacement costs associated with the used and unused
capacity of the features in existence as of that date.
``(2) Repayment contract.--An appropriate repayment contract
shall be negotiated that provides for the making of a payment
for each payment period in an amount that is commensurate with
the percentage of the total capacity of the project that is in
actual use during the payment period.
``(3) Operation and maintenance costs.--Except as otherwise
provided in this Act or Reclamation Law--
``(A) The Secretary shall be responsible for the
costs of operation and maintenance of the proportionate
share of unit facilities in existence on the date of
enactment of the Dakota Water Resources Act of 2000
attributable to the capacity of the facilities
(including mitigation facilities) that remain unused;
``(B) The State of North Dakota shall be responsible
for costs of operation and maintenance of the
proportionate share of existing unit facilities that are
used and shall be responsible for the full costs of
operation and maintenance of any facility constructed
after the date of enactment of the Dakota Water
Resources Act of 2000; and
``(C) The State of North Dakota shall be responsible
for the costs of providing energy to authorized unit
facilities.
``(g) Agreement Between the Secretary and the State.--The Secretary
shall enter into one or more agreements with the State of North Dakota
to carry out this Act, including operation and maintenance of the
completed unit facilities and the design and construction of authorized
new unit facilities by the State.
``(h) Boundary Waters Treaty of 1909.--
``(1) Delivery of water into the hudson bay basin.--Prior to
construction of any water systems authorized under this Act to
deliver Missouri River water into the Hudson Bay basin, the
Secretary, in consultation with the Secretary of State and the
Administrator of the Environmental Protection Agency, must
determine that adequate treatment can be provided to meet the
requirements of the Treaty between the United States and Great
Britain relating to Boundary Waters Between the United States
and Canada, signed at Washington, January 11, 1909 (26 Stat.
2448; TS 548) (commonly known as the Boundary Waters Treaty of
1909).
``(2) Costs.--All costs of construction, operation,
maintenance, and replacement of water treatment and related
facilities authorized by this Act and attributable to meeting
the requirements of the treaty referred to in paragraph (1)
shall be nonreimbursable.''.
[[Page 114 STAT. 2763A-283]]
SEC. 603. FISH AND WILDLIFE.
Section 2 of Public Law 89-108 (79 Stat. 433; 100 Stat. 419) is
amended--
(1) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Fish and Wildlife Costs.--All fish and wildlife enhancement
costs incurred in connection with waterfowl refuges, waterfowl
production areas, and wildlife conservation areas proposed for Federal
or State administration shall be nonreimbursable.
``(c) Recreation Areas.--
``(1) Costs.--If non-Federal public bodies continue to agree
to administer land and water areas approved for recreation and
agree to bear not less than 50 percent of the separable costs of
the unit allocated to recreation and attributable to those areas
and all the costs of operation, maintenance, and replacement
incurred in connection therewith, the remainder of the separable
capital costs so allocated and attributed shall be
nonreimbursable.
``(2) Approval.--The recreation areas shall be approved by
the Secretary in consultation and coordination with the State of
North Dakota.
``(d) Non-Federal Share.--The non-Federal share of the separable
capital costs of the unit allocated to recreation shall be borne by non-
Federal interests, using the following methods, as the Secretary may
determine to be appropriate:
``(1) Services in kind.
``(2) Payment, or provision of lands, interests therein, or
facilities for the unit.
``(3) Repayment, with interest, within 50 years of first use
of unit recreation facilities.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting ``(1)'' after ``(e)'';
(C) in paragraph (2) (as redesignated by
subparagraph (A))--
(i) in the first sentence--
(I) by striking ``within ten years
after initial unit operation to
administer for recreation and fish and
wildlife enhancement'' and inserting
``to administer for recreation''; and
(II) by striking ``which are not
included within Federal waterfowl
refuges and waterfowl production
areas''; and
(ii) in the second sentence, by striking ``or
fish and wildlife enhancement''; and
(D) in the first sentence of paragraph (3) (as
redesignated by subparagraph (A))--
(i) by striking ``, within ten years after
initial operation of the unit,''; and
(ii) by striking ``paragraph (1) of this
subsection'' and inserting ``paragraph (2)'';
(3) in subsection (f ), by striking ``and fish and wildlife
enhancement''; and
(4) in subsection ( j)--
(A) in paragraph (1), by striking ``prior to the
completion of construction of Lonetree Dam and
Reservoir''; and
[[Page 114 STAT. 2763A-284]]
(B) by adding at the end the following:
``(4) Taayer reservoir.--Taayer Reservoir is deauthorized as
a project feature. The Secretary, acting through the
Commissioner of Reclamation, shall acquire (including
acquisition through donation or exchange) up to 5,000 acres in
the Kraft and Pickell Slough areas and to manage the area as a
component of the National Wildlife Refuge System giving
consideration to the unique wildlife values of the area. In
acquiring the lands which comprise the Kraft and Pickell Slough
complex, the Secretary shall acquire wetlands in the immediate
vicinity which may be hydrologically related and nearby uplands
as may be necessary to provide for proper management of the
complex. The Secretary shall provide for appropriate visitor
access and control at the refuge.
``(5) Deauthorization of lonetree dam and reservoir.--The
Lonetree Dam and Reservoir is deauthorized, and the Secretary
shall designate the lands acquired for the former reservoir site
as a wildlife conservation area. The Secretary shall enter into
an agreement with the State of North Dakota providing for the
operation and maintenance of the wildlife conservation area as
an enhancement feature, the costs of which shall be paid by the
Secretary.''.
SEC. 604. INTEREST CALCULATION.
Section 4 of Public Law 89-108 (100 Stat. 435) is amended by adding
at the end the following: ``Interest during construction shall be
calculated only until such date as the Secretary declares any particular
feature to be substantially complete, regardless of whether the feature
is placed into service.''.
SEC. 605. IRRIGATION FACILITIES.
Section 5 of Public Law 89-108 (100 Stat. 419) is amended--
(1) by striking ``Sec. 5. (a)(1)'' and all that follows
through subsection (c) and inserting the following:
``SEC. 5. IRRIGATION FACILITIES.
``(a) In General.--
``(1) Authorized development.--In addition to the 5,000-acre
Oakes Test Area in existence on the date of enactment of the
Dakota Water Resources Act of 2000, the Secretary may develop
irrigation in--
``(A) the Turtle Lake service area (13,700 acres);
``(B) the McClusky Canal service area (10,000
acres); and
``(C) if the investment costs are fully reimbursed
without aid to irrigation from the Pick-Sloan Missouri
Basin Program, the New Rockford Canal service area
(1,200 acres).
``(2) Development not authorized.--None of the irrigation
authorized by this section may be developed in the Hudson Bay/
Devils Lake Basin.
``(3) No excess development.--The Secretary shall not
develop irrigation in the service areas described in paragraph
(1) in excess of the acreage specified in that paragraph, except
that the Secretary shall develop up to 28,000 acres of
irrigation in other areas of North Dakota (such as the Elk/
Charbonneau, Mon-Dak, Nesson Valley, Horsehead Flats, and
Oliver-Mercer
[[Page 114 STAT. 2763A-285]]
areas) that are not located in the Hudson Bay/Devils Lake
drainage basin or James River drainage basin.
``(4) Pumping power.--Irrigation development authorized by
this section shall be considered authorized units of the Pick-
Sloan Missouri Basin Program and eligible to receive project
pumping power.
``(5) Principal supply works.--The Secretary shall maintain
the Snake Creek Pumping Plant, New Rockford Canal, and McClusky
Canal features of the principal supply works. Subject to the
provisions of section (8) of this Act, the Secretary shall
select a preferred alternative to implement the Dakota Water
Resources Act of 2000. In making this selection, one of the
alternatives the Secretary shall consider is whether to connect
the principal supply works in existence on the date of
enactment.'';
(2) by redesignating subsections (d), (e), and (f ) as
subsections (b), (c), and (d), respectively;
(3) in the first sentence of subsection (b) (as redesignated
by paragraph (2)), by striking ``(a)(1)'' and inserting ``(a)'';
(4) in the first sentence of subsection (c) (as redesignated
by paragraph (2)), by striking ``Lucky Mound (7,700 acres),
Upper Six Mile Creek (7,500 acres)'' and inserting ``Lucky Mound
(7,700 acres) and Upper Six Mile Creek (7,500 acres), or such
other lands at Fort Berthold of equal acreage as may be selected
by the tribe and approved by the Secretary,''; and
(5) by adding at the end the following:
``(e) Irrigation Report to Congress.--
``(1) In general.--The Secretary shall investigate and
prepare a detailed report on the undesignated 28,000 acres in
subsection (a)(3) as to costs and benefits for any irrigation
units to be developed under Reclamation law.
``(2) Finding.--The report shall include a finding on the
economic, financial and engineering feasibility of the proposed
irrigation unit, but shall be limited to the undesignated 28,000
acres.
``(3) Authorization.--If the Secretary finds that the
proposed construction is feasible, such irrigation units are
authorized without further Act of Congress.
``(4) Documentation.--No expenditure for the construction of
facilities authorized under this section shall be made until
after the Secretary, in cooperation with the State of North
Dakota, has prepared the appropriate documentation in accordance
with section 1 and pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) analyzing the direct and
indirect impacts of implementing the report.''.
SEC. 606. POWER.
Section 6 of Public Law 89-108 (79 Stat. 435; 100 Stat. 421) is
amended--
(1) in subsection (b)--
(A) by striking ``Notwithstanding the provisions
of'' and inserting ``Pursuant to the provisions of'';
and
(B) by striking ``revenues,'' and all that follows
and inserting ``revenues.''; and
(2) by striking subsection (c) and inserting the following:
``(c) No Increase in Rates or Effect on Repayment Methodology.--In
accordance with the last sentence of section 302(a)(3)
[[Page 114 STAT. 2763A-286]]
of the Department of Energy Organization Act (42 U.S.C. 7152(a)(3)),
section 1(e) shall not result in any reallocation of project costs and
shall not result in increased rates to Pick-Sloan Missouri Basin Program
customers. Nothing in the Dakota Water Resources Act of 2000 alters or
affects in any way the repayment methodology in effect as of the date of
enactment of that Act for other features of the Pick-Sloan Missouri
Basin Program.''.
SEC. 607. MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.
Section 7 of Public Law 89-108 (100 Stat. 422) is amended--
(1) in subsection (a)(3)--
(A) in the second sentence--
(i) by striking ``The non-Federal share'' and
inserting ``Unless otherwise provided in this Act,
the non-Federal share'';
(ii) by striking ``each water system'' and
inserting ``water systems'';
(iii) by inserting after the second sentence
the following: ``The State may use the Federal and
non-Federal funds to provide grants or loans for
municipal, rural, and industrial water systems.
The State shall use the proceeds of repaid loans
for municipal, rural, and industrial water
systems. Proceeds from loan repayments and any
interest thereon shall be treated as Federal
funds.''; and
(iv) by striking the last sentence and
inserting the following: ``The Southwest Pipeline
Project, the Northwest Area Water Supply Project,
the Red River Valley Water Supply Project, and
other municipal, industrial, and rural water
systems in the State of North Dakota shall be
eligible for funding under the terms of this
section. Funding provided under this section for
the Red River Valley Water Supply Project shall be
in addition to funding for that project under
section 10(a)(1)(B). The amount of non-Federal
contributions made after May 12, 1986, that
exceeds the 25 percent requirement shall be
credited to the State for future use in municipal,
rural, and industrial projects under this
section.''; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Water Conservation Program.--The State of North Dakota may use
funds provided under subsections (a) and (b)(1)(A) of section 10 to
develop and implement a water conservation program. The Secretary and
the State shall jointly establish water conservation goals to meet the
purposes of the State program and to improve the availability of water
supplies to meet the purposes of this Act. If the State achieves the
established water conservation goals, the non-Federal cost share for
future projects under subsection (a)(3) shall be reduced to 24.5
percent.
``(c) Nonreimbursability of Costs.--With respect to the Southwest
Pipeline Project, the Northwest Area Water Supply Project, the Red River
Valley Water Supply Project, and other municipal, industrial, and rural
water systems in North Dakota, the costs of the features constructed on
the Missouri River by the Secretary of the Army before the date of
enactment of the Dakota Water Resources Act of 2000 shall be
nonreimbursable.
[[Page 114 STAT. 2763A-287]]
``(d) Indian Municipal Rural and Industrial Water Supply.--The
Secretary shall construct, operate, and maintain such municipal, rural,
and industrial water systems as the Secretary determines to be necessary
to meet the economic, public health, and environmental needs of the Fort
Berthold, Standing Rock, Turtle Mountain (including the Trenton Indian
Service Area), and Fort Totten Indian Reservations and adjacent
areas.''.
SEC. 608. SPECIFIC FEATURES.
(a) Sykeston Canal.--Sykeston Canal is hereby deauthorized.
(b) In General.--Public Law 89-108 (100 Stat. 423) is amended by
striking section 8 and inserting the following:
``SEC. 8. SPECIFIC FEATURES.
``(a) Red River Valley Water Supply Project.--
``(1) In general.--Subject to the requirements of this
section, the Secretary shall construct a feature or features to
provide water to the Sheyenne River water supply and release
facility or such other feature or features as are selected under
subsection (d).
``(2) Design and construction.--The feature or features
shall be designed and constructed to meet only the following
water supply requirements as identified in the report prepared
pursuant to subsection (b) of this section: Municipal, rural,
and industrial water supply needs; ground water recharge; and
streamflow augmentation.
``(3) Commencement of construction.--(A) If the Secretary
selects a project feature under this section that would provide
water from the Missouri River or its tributaries to the Sheyenne
River water supply and release facility or from the Missouri
River or its tributaries to such other conveyance facility as
the Secretary selects under this section, no later than 90 days
after the completion of the final environmental impact
statement, the Secretary shall transmit to Congress a
comprehensive report which provides--
``(i) a detailed description of the proposed project
feature;
``(ii) a summary of major issues addressed in the
environmental impact statement;
``(iii) likely effects, if any, on other States
bordering the Missouri River and on the State of
Minnesota; and
``(iv) a description of how the project feature
complies with the requirements of section 1(h)(1) of
this Act (relating to the Boundary Waters Treaty of
1909).
``(B) No project feature or features that would provide
water from the Missouri River or its tributaries to the Sheyenne
River water supply and release facility or from the Missouri
River or its tributaries to such other conveyance facility as
the Secretary selects under this section shall be constructed
unless such feature is specifically authorized by an Act of
Congress approved subsequent to the Secretary's transmittal of
the report required in subparagraph (A). If, after complying
with subsections (b) through (d) of this section, the Secretary
selects a feature or features using only in-basin sources of
water to meet the water needs of the Red River Valley identified
in subsection (b), such features are authorized without further
[[Page 114 STAT. 2763A-288]]
Act of Congress. The Act of Congress referred to in this
subparagraph must be an authorization bill, and shall not be a
bill making appropriations.
``(C) The Secretary may not commence construction on the
feature until a master repayment contract or water service
agreement consistent with this Act between the Secretary and the
appropriate non-Federal entity has been executed.
``(b) Report on Red River Valley Water Needs and Options.--
``(1) In general.--The Secretary of the Interior shall
conduct a comprehensive study of the water quality and quantity
needs of the Red River Valley in North Dakota and possible
options for meeting those needs.
``(2) Needs.--The needs addressed in the report shall
include such needs as--
``(A) municipal, rural, and industrial water
supplies;
``(B) water quality;
``(C) aquatic environment;
``(D) recreation; and
``(E) water conservation measures.
``(3) Process.--In conducting the study, the Secretary
through an open and public process shall solicit input from
gubernatorial designees from States that may be affected by
possible options to meet such needs as well as designees from
other Federal agencies with relevant expertise. For any option
that includes an out-of-basin solution, the Secretary shall
consider the effect of the option on other States that may be
affected by such option, as well as other appropriate
considerations. Upon completion, a draft of the study shall be
provided by the Secretary to such States and Federal agencies.
Such States and agencies shall be given not less than 120 days
to review and comment on the study method, findings and
conclusions leading to any alternative that may have an impact
on such States or on resources subject to such Federal agencies'
jurisdiction. The Secretary shall receive and take into
consideration any such comments and produce a final report and
transmit the final report to Congress.
``(4) Limitation.--No design or construction of any feature
or features that facilitate an out-of-basin transfer from the
Missouri River drainage basin shall be authorized under the
provisions of this subsection.
``(c) Environmental Impact Statement.--
``(1) In general.--Nothing in this section shall be
construed to supersede any requirements under the National
Environmental Policy Act or the Administrative Procedures Act.
``(2) Draft.--
``(A) Deadline.--Pursuant to an agreement between
the Secretary and State of North
Dakota as authorized under section 1(g), not later than 1 year after the
date of enactment of the Dakota Water Resources Act of 2000, the
Secretary and the State of North Dakota shall jointly prepare and
complete a draft environmental impact statement concerning all feasible
options to meet the comprehensive water quality and quantity needs of
the Red River Valley and the options for meeting those needs, including
[[Page 114 STAT. 2763A-289]]
the delivery of Missouri River water to the Red River Valley.
``(B) Report on status.--If the Secretary and State
of North Dakota cannot prepare and complete the draft
environmental impact statement within 1 year after the
date of enactment of the Dakota Water Resources Act of
2000, the Secretary, in consultation and coordination
with the State of North Dakota, shall report to Congress
on the status of this activity, including an estimate of
the date of completion.
``(3) Final.--
``(A) Deadline.--Not later than 1 year after filing
the draft environmental impact statement, a final
environmental impact statement shall be prepared and
published.
``(B) Report on status.--If the Secretary and State
of North Dakota cannot prepare and complete a final
environmental impact statement within 1 year of the
completion of the draft environmental impact statement,
the Secretary, in consultation and coordination with the
State of North Dakota, shall report to Congress on the
status of this activity, including an estimate of the
date of completion.
``(d) Process for Selection.--
``(1) In general.--After reviewing the final report required
by subsection (b)(1) and complying with subsection (c), the
Secretary, in consultation and coordination with the State of
North Dakota in coordination with affected local communities,
shall select one or more project features described in
subsection (a) that will meet the comprehensive water quality
and quantity needs of the Red River Valley. The Secretary's
selection of an alternative shall be subject to judicial review.
``(2) Agreements.--If the Secretary selects an option under
paragraph (1) that uses only in-basin sources of water, not
later than 180 days after the record of decision has been
executed, the Secretary shall enter into a cooperative agreement
with the State of North Dakota to construct the feature or
features selected. If the Secretary selects an option under
paragraph (1) that would require a further act of Congress under
the provisions of subsection (a), not later than 180 days after
the date of enactment of legislation required under subsection
(a) the Secretary shall enter into a cooperative agreement with
the State of North Dakota to construct the feature or features
authorized by that legislation.
``(e) Sheyenne River Water Supply and Release or Alternate
Features.--The Secretary shall construct, operate, and maintain a
Sheyenne River water supply and release feature (including a water
treatment plant) capable of delivering 100 cubic feet per second of
water or any other amount determined in the reports under this section,
for the cities of Fargo and Grand Forks and surrounding communities, or
such other feature or features as may be selected under subsection (d).
``(f ) Devils Lake.--No funds authorized under this Act may be used
to carry out the portion of the feasibility study of the Devils Lake
basin, North Dakota, authorized under the Energy and Water Development
Appropriations Act of 1993 (Public Law 102-377), that addresses the
needs of the area for stabilized lake levels through inlet controls, or
to otherwise study any facility
[[Page 114 STAT. 2763A-290]]
or carry out any activity that would permit the transfer of water from
the Missouri River drainage basin into Devils Lake, North Dakota.''.
SEC. 609. OAKES TEST AREA TITLE TRANSFER.
Public Law 89-108 (100 Stat. 423) is amended by striking section 9
and inserting the following:
``SEC. 9. OAKES TEST AREA TITLE TRANSFER.
``(a) In General.--Not later than 2 years after execution of a
record of decision under section 8(d) on whether to use the New Rockford
Canal as a means of delivering water to the Red River Basin as described
in section 8, the Secretary shall enter into an agreement with the State
of North Dakota, or its designee, to convey title and all or any rights,
interests, and obligations of the United States in and to the Oakes Test
Area as constructed and operated under Public Law 99-294 (100 Stat. 418)
under such terms and conditions as the Secretary believes would fully
protect the public interest.
``(b) Terms and Conditions.--The agreement shall define the terms
and conditions of the transfer of the facilities, lands, mineral estate,
easements, rights-of-way and water rights including the avoidance of
costs that the
Federal Government would otherwise incur in the case of a failure to
agree under subsection (d).
``(c) Compliance.--The action of the Secretary under this section
shall comply with all applicable requirements of Federal, State, and
local law.
``(d) Failure To Agree.--If an agreement is not reached within the
time limit specified in subsection (a), the Secretary shall dispose of
the Oakes Test Area facilities under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).''.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of Public Law 89-108 (100 Stat. 424; 106 Stat. 4669,
4739) is amended--
(1) in subsection (a)--
(A) by striking ``(a)(1) There are authorized'' and
inserting the following:
``(a) Water Distribution Features.--
``(1) In general.--
``(A) Main stem supply works.--There is
authorized'';
(B) in paragraph (1)--
(i) in the first sentence, by striking
``$270,395,000 for carrying out the provisions of
section 5(a) through 5(c) and section 8(a)(1) of
this Act'' and inserting ``$164,000,000 to carry
out section 5(a)'';
(ii) by inserting after subparagraph (A) (as
designated by clause (i)) the following:
``(B) Red river valley water supply project.--There
is authorized to be appropriated to carry out section
8(a)(1) $200,000,000.''; and
(iii) by striking ``Such sums'' and inserting
the following:
``(C) Availability.--Such sums''; and
(C) in paragraph (2)--
(i) by striking ``(2) There is'' and inserting
the following:
``(2) Indian irrigation.--
[[Page 114 STAT. 2763A-291]]
``(A) In general.--There is'';
(ii) by striking ``for carrying out section
5(e) of this Act'' and inserting ``to carry out
section 5(c)''; and
(iii) by striking ``Such sums'' and inserting
the following:
``(B) Availability.--Such sums'';
(2) in subsection (b)--
(A) by striking ``(b)(1) There is'' and inserting
the following:
``(b) Municipal, Rural, and Industrial Water Supply.--
``(1) Statewide.--
``(A) Initial amount.--There is'';
(B) in paragraph (1)--
(i) by inserting before ``Such sums'' the
following:
``(B) Additional amount.--In addition to the amount
under subparagraph (A), there is authorized to be
appropriated to carry out section 7(a) $200,000,000.'';
and
(ii) by striking ``Such sums'' and inserting
the following:
``(C) Availability.--Such sums''; and
(C) in paragraph (2)--
(i) by striking ``(2) There are authorized to
be appropriated $61,000,000'' and all that follows
through ``Act.'' and inserting the following:
``(2) Indian municipal, rural, and industrial and other
delivery features.--
``(A) Initial amount.--There is authorized to be
appropriated--
``(i) to carry out section 8(a)(1),
$40,500,000; and
``(ii) to carry out section 7(d),
$20,500,000.'';
(ii) by inserting before ``Such sums'' the
following:
``(B) Additional amount.--
``(i) In general.--In addition to the amount
under subparagraph (A), there is authorized to be
appropriated to carry out section 7(d)
$200,000,000.
``(ii) Allocation.--The amount under clause
(i) shall be allocated as follows:
``(I) $30,000,000 to the Fort Totten
Indian Reservation.
``(II) $70,000,000 to the Fort
Berthold Indian Reservation.
``(IV) $80,000,000 to the Standing
Rock Indian Reservation.
``(V) $20,000,000 to the Turtle
Mountain Indian Reservation.''; and
(iii) by striking ``Such sums'' and inserting
the following:
``(C) Availability.--Such sums'';
(3) in subsection (c)--
(A) by striking ``(c) There is'' and inserting the
following:
``(c) Resources Trust and Other Provisions.--
``(1) Initial amount.--There is''; and
(B) by striking the second and third sentences and
inserting the following:
``(2) Additional amount.--In addition to amount under
paragraph (1), there are authorized to be appropriated--
[[Page 114 STAT. 2763A-292]]
``(A) $6,500,000 to carry out recreational projects;
and
``(B) an additional $25,000,000 to carry out section
11;
to remain available until expended.
``(3) Recreational projects.--Of the funds authorized under
paragraph (2) for recreational projects, up to $1,500,000 may be
used to fund a wetland interpretive center in the State of North
Dakota.
``(4) Operation and maintenance.--
``(A) In general.--There are authorized to be
appropriated such sums as are necessary for operation
and maintenance of the unit (including the mitigation
and enhancement features).
``(B) Authorization limits.--Expenditures for
operation and maintenance of features substantially
completed and features constructed before the date of
enactment of the Dakota Water Resources Act of 2000,
including funds expended for such purposes since the
date of enactment of Public Law 99-294, shall not be
counted against the authorization limits in this
section.
``(5) Mitigation and enhancement land.--On or about the date
on which the features authorized by section 8(a) are
operational, a separate account in the Natural Resources Trust
authorized by section 11 shall be established for operation and
maintenance of the mitigation and enhancement land associated
with the unit.''; and
(4) by striking subsection (e) and inserting the following:
``(e) Indexing.--The $200,000,000 amount under subsection (b)(1)(B),
the $200,000,000 amount under subsection (a)(1)(B), and the funds
authorized under subsection (b)(2) shall be indexed as necessary to
allow for ordinary fluctuations of construction costs incurred after the
date of enactment of the Dakota Water Resources Act of 2000 as indicated
by engineering cost indices applicable for the type of construction
involved. All other authorized cost ceilings shall remain unchanged.''.
SEC. 611. NATURAL RESOURCES TRUST.
Section 11 of Public Law 89-108 (100 Stat. 424) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Contribution.--
``(1) Initial authorization.--
``(A) In general.--From the sums appropriated under
section 10 for the Garrison Diversion Unit, the
Secretary shall make an annual Federal contribution to a
Natural Resources Trust established by non-Federal
interests in accordance with subsection (b) and operated
in accordance with subsection (c).
``(B) Amount.--The total amount of Federal
contributions under subparagraph (A) shall not exceed
$12,000,000.
``(2) Additional authorization.--
``(A) In general.--In addition to the amount
authorized in paragraph (1), the Secretary shall make
annual Federal contributions to the Natural Resources
Trust until the amount authorized by section 10(c)(2)(B)
is reached, in the manner stated in subparagraph (B).
``(B) Annual amount.--The amount of the contribution
under subparagraph (A) for each fiscal year shall be the
[[Page 114 STAT. 2763A-293]]
amount that is equal to 5 percent of the total amount
that is appropriated for the fiscal year under
subsections (a)(1)(B) and (b)(1)(B) of section 10.''.
(2) in subsection (b), by striking ``Wetlands Trust'' and
inserting ``Natural Resources Trust''; and
(3) in subsection (c)--
(A) by striking ``Wetland Trust'' and inserting
``Natural Resources Trust'';
(B) by striking ``are met'' and inserting ``is
met'';
(C) in paragraph (1), by inserting ``, grassland
conservation and riparian areas'' after ``habitat''; and
(D) in paragraph (2), by adding at the end the
following:
``(C) The power to fund incentives for conservation
practices by landowners.''.
TITLE VII
SEC. 701. FINDINGS.
Congress finds that--
(1) there is a continuing need for reconciliation between
Indians and non-Indians;
(2) the need may be met partially through the promotion of
the understanding of the history and culture of Sioux Indian
tribes;
(3) the establishment of a Sioux Nation Tribal Supreme Court
will promote economic development on reservations of the Sioux
Nation and provide investors that contribute to that development
a greater degree of certainty and confidence by--
(A) reconciling conflicting tribal laws; and
(B) strengthening tribal court systems;
(4) the reservations of the Sioux Nation--
(A) contain the poorest counties in the United
States; and
(B) lack adequate tools to promote economic
development and the creation of jobs;
(5) the establishment of a Native American Economic
Development Council will assist in promoting economic growth and
reducing poverty on reservations of the Sioux Nation by--
(A) coordinating economic development efforts;
(B) centralizing expertise concerning Federal
assistance; and
(C) facilitating the raising of funds from private
donations to meet matching requirements under certain
Federal assistance programs;
(6) there is a need to enhance and strengthen the capacity
of Indian tribal governments and tribal justice systems to
address conflicts which impair relationships within Indian
communities and between Indian and non-Indian communities and
individuals; and
(7) the establishment of the National Native American
Mediation Training Center, with the technical assistance of
tribal and Federal agencies, including the Community Relations
Service of the Department of Justice, would enhance and
strengthen the mediation skills that are useful in reducing
tensions and resolving conflicts in Indian communities and
between Indian and non-Indian communities and individuals.
[[Page 114 STAT. 2763A-294]]
SEC. 702. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Sioux nation.--The term ``Sioux Nation'' means the
Indian tribes comprising the Sioux Nation.
SEC. 703. RECONCILIATION CENTER.
(a) Establishment.--The Secretary of Housing and Urban Development,
in cooperation with the Secretary, shall establish, in accordance with
this section, a reconciliation center, to be known as ``Reconciliation
Place''.
(b) Location.--Notwithstanding any other provision of law, the
Secretary shall take into trust for the benefit of the Sioux Nation the
parcel of land in Stanley County, South Dakota, that is described as
``The Reconciliation Place Addition'' that is owned on the date of
enactment of this Act by the Wakpa Sica Historical Society, Inc., for
the purpose of establishing and operating The Reconciliation Place.
(c) Purposes.--The purposes of Reconciliation Place shall be as
follows:
(1) To enhance the knowledge and understanding of the
history of Native Americans by--
(A) displaying and interpreting the history, art,
and culture of Indian tribes for Indians and non-
Indians; and
(B) providing an accessible repository for--
(i) the history of Indian tribes; and
(ii) the family history of members of Indian
tribes.
(2) To provide for the interpretation of the encounters
between Lewis and Clark and the Sioux Nation.
(3) To house the Sioux Nation Tribal Supreme Court.
(4) To house the Native American Economic Development
Council.
(5) To house the National Native American Mediation Training
Center to train tribal personnel in conflict resolution and
alternative dispute resolution.
(d) Grant.--
(1) In general.--The Secretary of Housing and Urban
Development shall offer to award a grant
to the Wakpa Sica Historical Society of Fort Pierre, South Dakota, for
the construction of Reconciliation Place.
(2) Grant agreement.--
(A) In general.--As a condition to receiving the
grant under this subsection, the appropriate official of
the Wakpa Sica Historical Society shall enter into a
grant agreement with the Secretary of Housing and Urban
Development.
(B) Consultation.--Before entering into a grant
agreement under this paragraph, the Secretary of Housing
and Urban Development shall consult with the Secretary
concerning the contents of the agreement.
(C) Duties of the wakpa sica historical society.--
The grant agreement under this paragraph shall specify
the duties of the Wakpa Sica Historical Society under
this
[[Page 114 STAT. 2763A-295]]
section and arrangements for the maintenance of
Reconciliation Place.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Housing and Urban
Development $18,258,441, to be used for the grant under this
section.
SEC. 704. SIOUX NATION SUPREME COURT AND NATIONAL NATIVE AMERICAN
MEDIATION TRAINING CENTER.
(a) In General.--To ensure the development and operation of the
Sioux Nation Tribal Supreme Court and the National Native American
Mediation Training Center, the Attorney General of the United States
shall use available funds to provide technical and financial assistance
to the Sioux Nation.
(b) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Department of Justice
such sums as are necessary.
TITLE VIII--ERIE CANALWAY NATIONAL HERITAGE CORRIDOR
SEC. 801. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Erie Canalway
National Heritage Corridor Act''.
(b) Definitions.--For the purposes of this title, the following
definitions shall apply:
(1) Erie canalway.--The term ``Erie Canalway'' means the 524
miles of navigable canal that comprise the New York State Canal
System, including the Erie, Cayuga and Seneca, Oswego, and
Champlain Canals and the historic alignments of these canals,
including the cities of Albany and Buffalo.
(2) Canalway plan.--The term ``Canalway Plan'' means the
comprehensive preservation and management plan for the Corridor
required under section 806.
(3) Commission.--The term ``Commission'' means the Erie
Canalway National Heritage Corridor Commission established under
section 804.
(4) Corridor.--The term ``Corridor'' means the Erie Canalway
National Heritage Corridor established under section 803.
(5) Governor.--The term ``Governor'' means the Governor of
the State of New York.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 802. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the year 2000 marks the 175th Anniversary of New York
State's creation and stewardship of the Erie Canalway for
commerce, transportation, and recreational purposes,
establishing the network which made New York the ``Empire
State'' and the Nation's premier commercial and financial
center;
(2) the canals and adjacent areas that comprise the Erie
Canalway are a nationally significant resource of historic and
recreational value, which merit Federal recognition and
assistance;
[[Page 114 STAT. 2763A-296]]
(3) the Erie Canalway was instrumental in the establishment
of strong political and cultural ties between New England,
upstate New York, and the old Northwest and facilitated the
movement of ideas and people ensuring that social reforms like
the abolition of slavery and the women's rights movement spread
across upstate New York to the rest of the country;
(4) the construction of the Erie Canalway was considered a
supreme engineering feat, and most American canals were modeled
after New York State's canal;
(5) at the time of construction, the Erie Canalway was the
largest public works project ever undertaken by a State,
resulting in the creation of critical transportation and
commercial routes to transport passengers and goods;
(6) the Erie Canalway played a key role in turning New York
City into a major port and New York State into the preeminent
center for commerce, industry, and finance in North America and
provided a permanent commercial link between the Port of New
York and the cities of eastern Canada, a cornerstone of the
peaceful relationship between the two countries;
(7) the Erie Canalway proved the depth and force of American
ingenuity, solidified a national identity, and found an enduring
place in American legend, song, and art;
(8) there is national interest in the preservation and
interpretation of the Erie Canalway's important historical,
natural, cultural, and scenic resources; and
(9) partnerships among Federal, State, and local governments
and their regional entities, nonprofit organizations, and the
private sector offer the most effective opportunities for the
preservation and interpretation of the Erie Canalway.
(b) Purposes.--The purposes of this title are--
(1) to designate the Erie Canalway National Heritage
Corridor;
(2) to provide for and assist in the identification,
preservation, promotion, maintenance, and interpretation of the
historical, natural, cultural, scenic, and recreational
resources of the Erie Canalway in ways that reflect its national
significance for the benefit of current and future generations;
(3) to promote and provide access to the Erie Canalway's
historical, natural, cultural, scenic, and recreational
resources;
(4) to provide a framework to assist the State of New York,
its units of local government, and the communities within the
Erie Canalway in the development of integrated cultural,
historical, recreational, economic, and community development
programs in order to enhance and interpret the unique and
nationally significant resources of the Erie Canalway; and
(5) to authorize Federal financial and technical assistance
to the Commission to serve these purposes for the benefit of the
people of the State of New York and the Nation.
SEC. 803. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--To carry out the purposes of this title there is
established the Erie Canalway National Heritage Corridor in the State of
New York.
(b) Boundaries.--The boundaries of the Corridor shall include those
lands generally depicted on a map entitled ``Erie Canalway National
Heritage Area'' numbered ERIE/80,000 and dated October
[[Page 114 STAT. 2763A-297]]
2000. This map shall be on file and available for public inspection in
the appropriate office of the National Park Service, the office of the
Commission, and the office of the New York State Canal Corporation in
Albany, New York.
(c) Ownership and Operation of the New York State Canal System.--The
New York State Canal System shall continue to be owned, operated, and
managed by the State of New York.
SEC. 804. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is established the Erie Canalway National
Heritage Corridor Commission. The purpose of the Commission shall be--
(1) to work with Federal, State, and local authorities to
develop and implement the Canalway Plan; and
(2) to foster the integration of canal-related historical,
cultural, recreational, scenic, economic, and community
development initiatives within the Corridor.
(b) Membership.--The Commission shall be composed of 27 members as
follows:
(1) The Secretary of the Interior, ex officio or the
Secretary's designee.
(2) Seven members, appointed by the Secretary after
consideration of recommendations submitted by the Governor and
other appropriate officials, with knowledge and experience of
the following agencies or those agencies' successors: The New
York State Secretary of State, the New York State Department of
Environment Conservation, the New York State Office of Parks,
Recreation and Historic Preservation, the New York State
Department of Agriculture and Markets, the New York State
Department of Transportation, and the New York State Canal
Corporation, and the Empire State Development Corporation.
(3) The remaining 19 members who reside within the Corridor
and are geographically dispersed throughout the Corridor shall
be from local governments and the private sector with knowledge
of tourism, economic and community development, regional
planning, historic preservation, cultural or natural resource
management, conservation, recreation, and education or museum
services. These members will be appointed by the Secretary as
follows:
(A) Eleven members based on a recommendation from
each member of the United States House of
Representatives whose district shall encompass the
Corridor. Each shall be a resident of the district from
which they shall be recommended.
(B) Two members based on a recommendation from each
United States Senator from New York State.
(C) Six members who shall be residents of any county
constituting the Corridor. One such member shall have
knowledge and experience of the Canal Recreationway
Commission.
(c) Appointments and Vacancies.--Members of the Commission other
than ex officio members shall be appointed for terms of 3 years. Of the
original appointments, six shall be for a term of 1 year, six shall be
for a term of 2 years, and seven shall be for a term of 3 years. Any
member of the Commission appointed
[[Page 114 STAT. 2763A-298]]
for a definite term may serve after expiration of the term until the
successor of the member is appointed. Any member appointed to fill a
vacancy shall serve for the remainder of the term for which the
predecessor was appointed. Any vacancy on the Commission shall be filled
in the same manner in which the original appointment was made.
(d) Compensation.--Members of the Commission shall receive no
compensation for their service on the Commission. Members of the
Commission, other than employees of the State and Canal Corporation,
while away from their homes or regular places of business to perform
services for the Commission, shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons employed
intermittently in Government service are allowed under section 5703 of
title 5, United States Code.
(e) Election of Offices.--The Commission shall elect the chairperson
and the vice chairperson on an annual basis. The vice chairperson shall
serve as the chairperson in the absence of the chairperson.
(f ) Quorum and Voting.--Fourteen members of the Commission shall
constitute a quorum but a lesser number may hold hearings. Any member of
the Commission may vote by means of a signed proxy exercised by another
member of the Commission, however, any member voting by proxy shall not
be considered present for purposes of establishing a quorum. For the
transaction of any business or the exercise of any power of the
Commission, the Commission shall have the power to act by a majority
vote of the members present at any meeting at which a quorum is in
attendance.
(g) Meetings.--The Commission shall meet at least quarterly at the
call of the chairperson or 14 of its members. Notice of Commission
meetings and agendas for the meeting shall be published in local
newspapers throughout the Corridor. Meetings of the Commission shall be
subject to section 552b of title 5, United States Code (relating to open
meetings).
(h) Powers of the Commission.--To the extent that Federal funds are
appropriated, the Commission is authorized--
(1) to procure temporary and intermittent services and
administrative facilities at rates determined to be reasonable
by the Commission to carry out the responsibilities of the
Commission;
(2) to request and accept the services of personnel detailed
from the State of New York or any political subdivision, and to
reimburse the State or political subdivision for such services;
(3) to request and accept the services of any Federal agency
personnel, and to reimburse the Federal agency for such
services;
(4) to appoint and fix the compensation of staff to carry
out its duties;
(5) to enter into cooperative agreements with the State of
New York, with any political subdivision of the State, or any
person for the purposes of carrying out the duties of the
Commission;
(6) to make grants to assist in the preparation and
implementation of the Canalway Plan;
(7) to seek, accept, and dispose of gifts, bequests, grants,
or donations of money, personal property, or services, received
[[Page 114 STAT. 2763A-299]]
from any source. For purposes of section 170(c) of the Internal
Revenue Code of 1986, any gift to the Commission shall be deemed
to be a gift to the United States;
(8) to assist others in developing educational,
informational, and interpretive programs and facilities,
and other such activities that may promote the implementation of the
Canalway Plan;
(9) to hold hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the
Commission may consider appropriate; the Commission may not
issue subpoenas or exercise any subpoena authority;
(10) to use the United States mails in the same manner as
other departments or agencies of the United States;
(11) to request and receive from the Administrator of
General Services, on a reimbursable basis, such administrative
support services as the Commission may request; and
(12) to establish such advisory groups as the Commission
deems necessary.
(i) Acquisition of Property.--Except as provided for leasing
administrative facilities under section 804(h)(1), the Commission may
not acquire any real property or interest in real property.
( j) Termination.--The Commission shall terminate on the day
occurring 10 years after the date of enactment of this title.
SEC. 805. DUTIES OF THE COMMISSION.
(a) Preparation of Canalway Plan.--Not later than 3 years after the
Commission receives Federal funding for this purpose, the Commission
shall prepare and submit a comprehensive preservation and management
Canalway Plan for the Corridor to the Secretary and the Governor for
review and approval. In addition to the requirements outlined for the
Canalway Plan in section 806, the Canalway Plan shall incorporate and
integrate existing Federal, State, and local plans to the extent
appropriate regarding historic preservation, conservation, education and
interpretation, community development, and tourism-related economic
development for the Corridor that are consistent with the purpose of
this title. The Commission shall solicit public comment on the
development of the Canalway Plan.
(b) Implementation of Canalway Plan.--After the Commission receives
Federal funding for this purpose, and after review and upon approval of
the Canalway Plan by the Secretary and the Governor, the Commission
shall--
(1) undertake action to implement the Canalway Plan so as to
assist the people of the State of New York in enhancing and
interpreting the historical, cultural, educational, natural,
scenic, and recreational potential of the Corridor identified in
the Canalway Plan; and
(2) support public and private efforts in conservation and
preservation of the Canalway's cultural and natural resources
and economic revitalization consistent with the goals of the
Canalway Plan.
(c) Priority Actions.--Priority actions which may be carried out by
the Commission under section 805(b), include--
(1) assisting in the appropriate preservation treatment of
the remaining elements of the original Erie Canal;
[[Page 114 STAT. 2763A-300]]
(2) assisting State, local governments, and nonprofit
organizations in designing, establishing, and maintaining
visitor centers, museums, and other interpretive exhibits in the
Corridor;
(3) assisting in the public awareness and appreciation for
the historic, cultural, natural, scenic, and recreational
resources and sites in the Corridor;
(4) assisting the State of New York, local governments, and
nonprofit organizations in the preservation and restoration of
any historic building, site, or district in the Corridor;
(5) encouraging, by appropriate means, enhanced economic
development in the Corridor consistent with the goals of the
Canalway Plan and the purposes of this title; and
(6) ensuring that clear, consistent signs identifying access
points and sites of interest are put in place in the Corridor.
(d) Annual Reports and Audits.--For any year in which Federal funds
have been received under this title, the Commission shall submit an
annual report and shall make available an audit of all relevant records
to the Governor and the Secretary identifying its expenses and any
income, the entities to which any grants or technical assistance were
made during the year for which the report was made, and contributions by
other parties toward achieving Corridor purposes.
SEC. 806. CANALWAY PLAN.
(a) Canalway Plan Requirements.--The Canalway Plan shall--
(1) include a review of existing plans for the Corridor,
including the Canal Recreationway Plan and Canal Revitalization
Program, and incorporate them to the extent feasible to ensure
consistence with local, regional, and State planning efforts;
(2) provide a thematic inventory, survey, and evaluation of
historic properties that should be conserved, restored,
developed, or maintained because of
their natural, cultural, or historic significance within the Corridor in
accordance with the regulations for the National Register of Historic
Places;
(3) identify public and private-sector preservation goals
and strategies for the Corridor;
(4) include a comprehensive interpretive plan that
identifies, develops, supports, and enhances interpretation and
education programs within the Corridor that may include--
(A) research related to the construction and history
of the canals and the cultural heritage of the canal
workers, their families, those that traveled along the
canals, the associated farming activities, the
landscape, and the communities;
(B) documentation of and methods to support the
perpetuation of music, art, poetry, literature and
folkways associated with the canals; and
(C) educational and interpretative programs related
to the Erie Canalway developed in cooperation with State
and local governments, educational institutions, and
nonprofit institutions;
(5) include a strategy to further the recreational
development of the Corridor that will enable users to uniquely
experience the canal system;
[[Page 114 STAT. 2763A-301]]
(6) propose programs to protect, interpret, and promote the
Corridor's historical, cultural, recreational, educational,
scenic, and natural resources;
(7) include an inventory of canal-related natural, cultural
and historic sites and resources located in the Area;
(8) recommend Federal, State, and local strategies and
policies to support economic development, especially tourism-
related development and recreation, consistent with the purposes
of the Corridor;
(9) develop criteria and priorities for financial
preservation assistance;
(10) identify and foster strong cooperative relationships
between the National Park Service, the New York State Canal
Corporation, other Federal and State agencies, and
nongovernmental organizations;
(11) recommend specific areas for development of
interpretive, educational, and technical assistance centers
associated with the Corridor; and
(12) contain a program for implementation of the Canalway
Plan by all necessary parties.
(b) Approval of the Canalway Plan.--The Secretary and the Governor
shall approve or disapprove the Canalway Plan not later than 90 days
after receiving the Canalway Plan.
(c) Criteria.--The Secretary may not approve the plan unless the
Secretary finds that the plan, if implemented, would adequately protect
the significant historical, cultural, natural, and recreational
resources of the Corridor and consistent with such protection provide
adequate and appropriate outdoor recreational opportunities and economic
activities within the Corridor. In determining whether or not to approve
the Canalway Plan, the Secretary shall consider whether--
(1) the Commission has afforded adequate opportunity,
including public hearings, for public and governmental
involvement in the preparation of the Canalway Plan; and
(2) the Secretary has received adequate assurances from the
Governor and appropriate State officials that the recommended
implementation program identified in the plan will be initiated
within a reasonable time after the date of approval of the
Canalway Plan and such program will ensure effective
implementation of State and local aspects of the Canalway Plan.
(d) Disapproval of Canalway Plan.--If the Secretary or the Governor
do not approve the Canalway Plan, the Secretary or the Governor shall
advise the Commission in writing within 90 days the reasons therefore
and shall indicate any recommendations for revisions. Following
completion of any necessary revisions of the Canalway Plan, the
Secretary and the Governor shall have 90 days to either approve or
disapprove of the revised Canalway Plan.
(e) Amendments to Canalway Plan.--The Secretary and the Governor
shall review substantial amendments to the Canalway Plan. Funds
appropriated pursuant to this title may not be expended to implement the
changes made by such amendments until the Secretary and the Governor
approve the amendments.
[[Page 114 STAT. 2763A-302]]
SEC. 807. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary is authorized to assist the
Commission in the preparation of the Canalway Plan.
(b) Technical Assistance.--Pursuant to an approved Canalway Plan,
the Secretary is authorized to enter into cooperative agreements with,
provide technical assistance to and award grants to the Commission to
provide for the preservation and interpretation of the natural,
cultural, historical, recreational, and scenic resources of the
Corridor, if requested by the Commission.
(c) Early Actions.--Prior to approval of the Canalway Plan, with the
approval of the Commission, the Secretary may provide technical and
planning assistance for early actions that are important to the purposes
of this title and that protect and preserve resources.
(d) Canalway Plan Implementation.--Upon approval of the Canalway
Plan, the Secretary is authorized to implement those activities that the
Canalway Plan has identified that are the responsibility of the
Secretary or agent of the Secretary to undertake in the implementation
of the Canalway Plan.
(e) Detail.--Each fiscal year during the existence of the Commission
and upon the request of the Commission, the Secretary shall detail to
the Commission, on a nonreimbursable basis, two employees of the
Department of the Interior to enable the Commission to carry out the
Commission's duties with regard to the preparation and approval of the
Canalway Plan. Such detail shall be without interruption or loss of
civil service status, benefits, or privileges.
SEC. 808. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting any activity directly
affecting the Corridor, and any unit of Government acting pursuant to a
grant of Federal funds or a Federal permit or agreement conducting or
supporting such activities may--
(1) consult with the Secretary and the Commission with
respect to such activities;
(2) cooperate with the Secretary and the Commission in
carrying out their duties under this title and coordinate such
activities with the carrying out of such duties; and
(3) conduct or support such activities in a manner
consistent with the Canalway Plan unless the Federal entity,
after consultation with the Secretary and the Commission,
determines there is no practicable alternative.
SEC. 809. SAVINGS PROVISIONS.
(a) Authority of Governments.--Nothing in this title shall be
construed to modify, enlarge, or diminish any authority of the Federal,
State, or local governments to regulate any use of land as provided for
by law or regulation.
(b) Zoning or Land.--Nothing in this title shall be construed to
grant powers of zoning or land use to the Commission.
(c) Local Authority and Private Property.--Nothing in this title
shall be construed to affect or to authorize the Commission to interfere
with--
(1) the rights of any person with respect to private
property;
(2) any local zoning ordinance or land use plan of the State
of New York or political subdivision thereof; or
[[Page 114 STAT. 2763A-303]]
(3) any State or local canal-related development plans
including but not limited to the Canal Recreationway Plan and
the Canal Revitalization Program.
(d) Fish and Wildlife.--The designation of the Corridor shall not be
diminish the authority of the State of New York to manage fish and
wildlife, including the regulation of fishing and hunting within the
Corridor.
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Corridor.--There is authorized to be appropriated for
the Corridor not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the
Corridor under this title.
(2) Matching requirement.--Federal funding provided under
this paragraph may not exceed 50 percent of the total cost of
any activity carried out with such funds. The non-Federal share
of such support may be in the form of cash, services, or in-kind
contributions, fairly valued.
(b) Other Funding.--In addition to the sums authorized in subsection
(a), there are authorized to be appropriated to the Secretary of the
Interior such sums as are necessary for the Secretary for planning and
technical assistance.
TITLE IX--LAW ENFORCEMENT PAY EQUITY
SEC. 901. SHORT TITLE.
This title may be cited as the ``Law Enforcement Pay Equity Act of
2000''.
SEC. 902. ESTABLISHMENT OF UNIFORM SALARY SCHEDULE FOR UNITED STATES
SECRET SERVICE UNIFORMED DIVISION AND UNITED STATES PARK
POLICE.
(a) In General.--Section 501(c)(1) of the District of Columbia
Police and Firemen's Salary Act of 1958 (sec. 4-416(c)(1), D.C. Code) is
amended to read as follows:
``(c)(1) The annual rates of basic compensation of officers and
members of the United States Secret Service Uniformed Division and the
United States Park Police, serving in classes corresponding or similar
to those in the salary schedule in section 101, shall be fixed in
accordance with the following schedule of rates:
--------------------------------------------------------------------------------------------------------------------------------------------------------
``Salary class and title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time between steps 52 weeks
104 weeks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Years in service 1 2 3 5 7 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
1: Private................................................... 32,623 34,587 36,626 38,306 41,001 43,728 45,407
3: Detective................................................. 42,378 44,502 46,620 48,746 50,837
4: Sergeant.................................................. 46,151 48,446 50,746 53,056
5: Lieutenant \1\............................................ 50,910 53,462 56,545
7: Captain \1\............................................... 59,802 62,799
8: Inspector/Major \1\....................................... 69,163 72,760
9: Deputy Chief \1\.......................................... 79,768 85,158
[[Page 114 STAT. 2763A-304]]
10: Assistant Chief \2\
11: Chief, United States Secret Service Uniformed Division,
United States Park Police \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of pay for level V of the Executive
Schedule.
\2\ The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for level V of the Executive Schedule.
\3\ The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the Executive Schedule.
--------------------------------------------------------------------------------------------------------------------------------------------------------
``Salary class and title Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time between steps 104 weeks 156 weeks 208 weeks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Years in service 11 13 15 18 22 26 30
--------------------------------------------------------------------------------------------------------------------------------------------------------
1: Private................................................... 47,107 48,801 50,498 53,448 55,394 57,036 58,746
3: Detective................................................. 52,972 55,086 57,204 61,212 63,337 65,462 67,426
4: Sergeant.................................................. 55,372 57,691 59,999 63,558 65,867 68,176 70,221
5: Lieutenant \1\............................................ 59,120 61,688 64,258 68,197 70,744 73,290 75,489
7: Captain \1\............................................... 65,797 68,757 71,747 76,292 79,309 82,325 84,796
8: Inspector/Major \1\....................................... 76,542 80,524 83,983 87,645 91,827 95,464 99,075
9: Deputy Chief \1\.......................................... 90,578 95,980 99,968 103,957 107,945 111,933 115,291
10: Assistant Chief \2\
11: Chief, United States Secret Service Uniformed Division,
United States Park Police \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of pay for level V of the Executive
Schedule.
\2\ The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for level V of the Executive Schedule.
\3\ The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the Executive Schedule.
(b) Freeze of Current Rate for Locality-based Comparability
Adjustments.--Notwithstanding any other provision of law, including this
title or any provision of law amended by this title, no officer or
member of the United States Secret Service Uniformed Division or the
United States Park Police may be paid locality pay under section 5304 or
section 5304a of title 5, United States Code, at a percentage rate for
the applicable locality in
[[Page 114 STAT. 2763A-305]]
excess of the rate in effect for pay periods during calendar year 2000.
(c) Conforming Amendments.--
(1) Application of provisions to park police.--Section
501(c) of such Act (sec. 4-416(c), D.C. Code) is amended--
(A) in paragraph (2), by striking ``Treasury'' and
inserting the following: ``Treasury, and the annual
rates of basic compensation of officers and members of
the United States Park Police shall be adjusted by the
Secretary of the Interior,'';
(B) in paragraph (5), by inserting after ``Uniformed
Division'' the following: ``or officers and members of
the United States Park Police'';
(C) in paragraph (6)(A), by inserting after
``Uniformed Division'' the following: ``or the United
States Park Police''; and
(D) in paragraph (7)(A), by inserting after
``Uniformed Division'' the following: ``or the United
States Park Police''.
(2) Termination of current adjustment authority.--Section
501(b) of such Act (sec. 4-416(b), D.C. Code) is amended by
adding at the end the following new paragraph:
``(4) This subsection shall not apply with respect to any pay period
for which the salary schedule under subsection (c) applies to the United
States Park Police.''.
SEC. 903. REVISION OF CAPS ON MAXIMUM COMPENSATION.
(a) Annual Salary Under Schedule.--Section 501(c)(2) of the District
of Columbia Police and Firemen's Salary Act of 1958 (sec. 4-416(c)(2),
D.C. Code) is amended by striking the period at the end and inserting
the following: ``, except that in no case may the annual rate of basic
compensation for any such officer or member exceed the rate of basic pay
payable for level IV of the Executive Schedule contained in subchapter
II of chapter 53 of title 5, United States Code.''.
(b) Repeal of Cap on Combined Basic Pay and Longevity Pay.--Section
501(c) of such Act (sec. 4-416(c), D.C. Code) is amended by striking
paragraph (4).
(c) Limitation on Pay Period Earnings for Comp Time.--Section 1(h)
of the Act entitled ``An Act to provide a 5-day week for officers and
members of the Metropolitan Police force, the United States Park Police
force, and the White House Police force, and for other purposes'',
approved August 15, 1950 (sec. 4-1104(h), D.C. Code), is amended--
(1) in paragraphs (1) and (2), by striking ``Metropolitan
Police force; or of the Fire Department of the District of
Columbia; or of the United States Park Police'' each place it
appears and inserting ``Metropolitan Police force or of the Fire
Department of the District of Columbia''; and
(2) in paragraph (3), by inserting after ``United States
Secret Service Uniformed Division'' each
place it appears the following: ``or of the United States Park Police''.
SEC. 904. DETERMINATION OF SERVICE STEP ADJUSTMENTS.
(a) Method for Determination of Adjustments.--Section 303(a) of the
District of Columbia Police and Firemen's Salary Act of 1958 (sec. 4-
412(a), D.C. Code) is amended--
(1) in the matter preceding paragraph (1), by ``Each'' and
inserting ``Except as provided in paragraph (5), each''; and
[[Page 114 STAT. 2763A-306]]
(2) by adding at the end the following new paragraph:
``(5) Each officer and member of the United States Secret
Service Uniformed Division and the United States Park Police
with a current performance rating of `satisfactory' or better,
shall have a service step adjustment in the following manner:
``(A) Each officer and member in service step 1, 2,
or 3 shall be advanced in compensation successively to
the next higher service step at the beginning of the 1st
pay period immediately subsequent to the completion of
52 calendar weeks of active service in the officer's or
member's service step.
``(B) Each officer and member in service step 4, 5,
6, 7, 8, or 9 shall be advanced in compensation
successively to the next higher service step at the
beginning of the 1st pay period immediately subsequent
to the completion of 104 calendar weeks of active
service in the officer's or member's service step.
``(C) Each officer and member in service step 10
shall be advanced in compensation successively to the
next higher service step at the beginning of the 1st pay
period immediately subsequent to the completion of 156
calendar weeks of active service in the officer's or
member's service step.
``(D) Each officer and member in service steps 11,
12, or 13 shall be advanced in compensation successively
to the next higher service step at the beginning of the
1st pay period immediately subsequent to the completion
of 208 calendar weeks of active service in the officer's
or member's service step.''.
(b) Use of Total Creditable Service To Determine Step Placement.--
Section 304 of such Act (sec. 4-413, D.C. Code) is amended--
(1) in subsection (a), by striking ``(b)'' and inserting
``(b) or (c)''; and
(2) by adding at the end the following new subsection:
``(c)(1) Each officer and member of the United States Secret Service
Uniformed Division or the United States Park Police who is promoted or
transferred to a higher salary shall receive basic compensation in
accordance with the officer's or member's total creditable service.
``(2) For purposes of this subsection, an officer's or member's
creditable service is any police service in pay status with the United
States Secret Service Uniformed Division, United States Park Police, or
Metropolitan Police Department.''.
(c) Conforming Amendment.--Section 401(a) of such Act (sec. 4-
415(a), D.C. Code) is amended by adding at the end the following new
paragraph:
``(4) This subsection shall not apply to officers and members of the
United States Secret Service Uniformed Division or the United States
Park Police.''.
SEC. 905. CONVERSION TO NEW SALARY SCHEDULE.
(a) In General.--
(1) Determination of rates of basic pay.--Effective on the
first day of the 1st pay period beginning 6 months after the
date of enactment of this Act, the Secretary of the Treasury
shall fix the rates of basic pay for officers and members of
[[Page 114 STAT. 2763A-307]]
the United States Secret Service Uniformed Division, and the
Secretary of the Interior shall fix the rates of basic pay for
officers and members of the United States Park Police, in
accordance with this subsection.
(2) Placement on revised salary schedule.--
(A) In general.--Each officer and member shall be
placed in and receive basic compensation at the
corresponding scheduled service step of the salary
schedule under section 501(c) of the District of
Columbia Police and Firemen's Salary Act of 1958 (as
amended by section 902(a)) in accordance with the
member's total years of creditable service, receiving
credit for all service step adjustments. If the
scheduled rate of pay for the step to which the officer
or member would be assigned in accordance with this
paragraph is lower than the officer's or member's salary
immediately prior to the enactment of this paragraph,
the officer or member will be placed in and receive
compensation at the next higher service step.
(B) Credit for increases during transition.--Each
member whose position is to be converted to the salary
schedule under section 501(b) of the District of
Columbia Police and Firemen's Salary Act of 1958 (as
amended by subsection (a)) and who, prior to the
effective date of this section has earned, but has not
been credited with, an increase in his or her rate of
pay shall be afforded that increase before such member
is placed in the corresponding service step in the
salary schedule under section 501(b).
(C) Creditable service described.--For purposes of
this paragraph, an officer's or member's creditable
service is any police service in pay status with the
United States Secret Service Uniformed Division, United
States Park Police, or Metropolitan Police Department.
(b) Hold Harmless for Current Total Compensation.--Notwithstanding
any other provision of law, if the total rate of compensation for an
officer or employee for any pay period occurring after conversion to the
salary schedule pursuant to subsection (a) (determined by taking into
account any locality-based comparability adjustments, longevity pay, and
other adjustments paid in addition to the rate of basic compensation) is
less than the officer's or employee's total rate of compensation (as so
determined) on the date of enactment, the rate of compensation for the
officer or employee for the pay period shall be equal to--
(1) the rate of compensation on the date of enactment (as so
determined); increased by
(2) a percentage equal to 50 percent of sum of the
percentage adjustments made in the rate of basic compensation
under section 501(c) of the District of Columbia Police and
Firemen's Salary Act of 1958 (as amended by subsection (a)) for
pay periods occurring after the date of enactment and prior to
the pay period involved.
(c) Conversion Not Treated as Transfer or Promotion.--The conversion
of positions and individuals to appropriate classes of the salary
schedule under section 501(c) of the District of Columbia Police and
Firemen's Salary Act of 1958 (as amended by section 902(a)) and the
initial adjustments of rates of basic pay of those positions and
individuals in accordance with subsection (a) shall not be considered to
be transfers or promotions within the meaning
[[Page 114 STAT. 2763A-308]]
of section 304 of the District of Columbia Police and Firemen's Salary
Act of 1958 (sec. 4-413, D.C. Code).
(d) Transfer of Credit for Satisfactory Service.--Each individual
whose position is converted to the salary schedule under section 501(c)
of the District of Columbia Police and Firemen's Salary Act of 1958 (as
amended by section 902(a)) in accordance with subsection (a) shall be
granted credit for purposes of such individual's first service step
adjustment under the salary schedule in such section 501(c) for all
satisfactory service performed by the individual since the individual's
last increase in basic pay prior to the adjustment under that section.
(e) Adjustment To Take Into Account General Schedule Adjustments
During Transition.--The rates provided under the salary schedule under
section 501(c) of the District of Columbia Police and Firemen's Salary
Act of 1958 (as amended by section 902(a)) shall be increased by the
percentage of any annual adjustment applicable to the General Schedule
authorized under section 5303 of title 5, United States Code, which
takes effect during the period which begins on the date of the enactment
of this Act and ends on the first day of the first pay period beginning
6 months after the date of enactment of this Act.
(f ) Conversion Not Treated as Salary Increase for Purposes of
Certain Pensions and Allowances.--The conversion of positions and
individuals to appropriate classes of the salary schedule under section
501(c) of the District of Columbia Police and Firemen's Salary Act of
1958 (as amended by section 2(a)) and the initial adjustments of rates
of basic pay of those positions and individuals in accordance with
subsection (a) shall not be treated as an increase in salary for
purposes of section 3 of the Act entitled ``An Act to provide increased
pensions for widows and children of deceased members of the Police
Department and the Fire Department of the District of Columbia'',
approved August 4, 1949 (sec. 4-604, D.C. Code), or section 301 of the
District of Columbia Police and Firemen's Salary Act of 1953 (sec. 4-
605, D.C. Code).
SEC. 906. PAY ADJUSTMENTS FOR CERTAIN POSITIONS.
(a) Technician Duty.--Section 302 of the District of Columbia Police
and Firemen's Salary Act of 1958 (sec. 4-411, D.C. Code) is amended--
(1) in subsection (b), by striking ``$810 per annum'' and
inserting the following: ``$810 per annum, except in the case of
an officer or member of the United States Secret Service
Uniformed Division or the United States Park Police, who shall
receive a per annum amount equal to 6 percent of the sum of such
officer's or member's rate of basic compensation plus locality
pay adjustments'';
(2) in subsection (c), by striking ``$595 per annum'' each
place it appears and inserting the following: ``$595 per annum,
except in the case of an officer or member of the United States
Park Police, who shall receive a per annum amount equal to 6
percent of the sum of such officer's or member's rate of basic
compensation plus locality pay adjustments''; and
(3) in subsection (e), by inserting after ``Whenever any
officer or member'' the following: ``(other than an officer or
member of the United States Secret Service Uniformed Division or
the United States Park Police)''.
[[Page 114 STAT. 2763A-309]]
(b) Helicopter Pilot, Bomb Disposal, or Scuba Diving Duty.--Section
202 of such Act (sec. 4-408, D.C. Code) is amended by striking ``$2,270
per annum'' and inserting the following: ``$2,270 per annum, except in
the case of an officer or member of the United States Park Police, who
shall receive a per annum amount equal to 7 percent of the sum of such
officer's or member's rate of basic compensation plus locality pay
adjustments''.
SEC. 907. CONFORMING PROVISIONS RELATING TO FEDERAL LAW ENFORCEMENT PAY
REFORM ACT.
(a) Termination of Existing Special Salary Rates and Adjustments.--
Beginning on the effective date of this Act--
(1) no existing special salary rates shall be authorized for
members of the United States Park Police under section 5305 of
title 5, United States Code (or any previous similar provision
of law); and
(2) no special rates of pay or special pay adjustments shall
be applicable to members of the United States Park Police
pursuant to section 405 of the Federal Law Enforcement Pay
Reform Act of 1990.
(b) Conforming Amendments.--(1) Section 405(b) of the Federal Law
Enforcement Pay Reform Act of 1990 (5 U.S.C. 5303 note) is amended to
read as follows:
``(b) This subsection applies with respect to any--
``(1) special agent within the Diplomatic Security Service;
``(2) probation officer (referred to in section 3672 of
title 18, United States Code); or
``(3) pretrial services officer (referred to in section 3153
of title 18, United States Code).''.
(2) Section 405(c) of such Act (5 U.S.C. 5303 note) is amended to
read as follows:
``(c) For purposes of this section, the term `appropriate agency
head' means--
``(1) with respect to any individual under subsection
(b)(1), the Secretary of State; or
``(2) with respect to any individual under subsection (b)(2)
or (b)(3), the Director of the Administrative Office of the
United States Courts.''.
SEC. 908. SERVICE LONGEVITY PAYMENTS FOR METROPOLITAN POLICE DEPARTMENT.
(a) Inclusion of Service Longevity Payments in Amount of Federal
Benefit Payments Made to Metropolitan Police Department Officers and
Members.--Section 11012 of the District of Columbia Retirement
Protection Act of 1997 (Public Law 105-33; 111 Stat. 718; D.C. Code,
sec. 1-762.2) is amended by adding at the end the following new
subsection:
``(e) Treatment of Increases in Certain Police Service Longevity
Payments.--For purposes of subsection (a), in determining the amount of
a Federal benefit payment made to an officer or member of the
Metropolitan Police Department, the benefit payment to which the officer
or member is entitled under the District Retirement Program shall
include any amounts which would have been included in the benefit
payment under such Program if the amendments made by the Police
Recruiting and Retention Enhancement Amendment Act of 1999 had taken
effect prior to the freeze date.''.
[[Page 114 STAT. 2763A-310]]
(b) Conforming Amendment.--Section 11003(5) of such Act (Public Law
105-33; 111 Stat. 717; D.C. Code, sec. 1-761.2(5)) is amended by
inserting after ``except as'' the following: ``provided under section
11012(e) and as''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to Federal benefit payments made after the date of the
enactment of this Act.
SEC. 909. EFFECTIVE DATE.
Except as provided in section 908(c), this title and the amendments
made by this title shall become effective on the first day of the first
pay period beginning 6 months after the date of enactment.
TITLE X
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Administrative Provisions
Sec. 1001. Section 206(d) of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2000 (42 U.S.C. 12701 note) is amended--
(1) in paragraph (1), by striking ``V'' and inserting
``III''; and
(2) in paragraph (4), by striking ``reimbursable'' and
inserting ``non-reimbursable''.
Sec. 1002. For purposes of part 2, subpart B of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (Public Law 102-
550), notwithstanding any other provision of law or regulation, for
purposes of measuring the extent of compliance with the housing goals
for the years 2001, 2002, and 2003, the Secretary of Housing and Urban
Development shall assign, in the case of the Federal Home Loan Mortgage
Corporation, 1.35 units of credit toward achievement of each housing
goal for each unit of multifamily housing (excepting units located in
properties having between 5 and 50 units) qualifying as affordable under
such housing goal.
Sec. 1003. Notwithstanding any other provision of law, neither the
City of Toledo, Ohio, nor the Secretary of Housing and Urban Development
(HUD) is required to enforce any requirements associated with Housing
Development Grant number 00H006H6402 provided to the City of Toledo,
Ohio, that prohibit or restrict the conversion of the rental units in
the Beacon Place project to condominium ownership: Provided, That the
City of Toledo and the Secretary of HUD are authorized to take any
actions necessary to cause any such prohibition or restriction to be
removed from the appropriate land records and otherwise terminated:
Provided further, That converted units shall remain available as rental
housing to those persons, including low- and very-low-income persons who
presently reside in the units: Provided further, That the conversion
proposal for Beacon Place apartments shall not reduce the number of
affordable housing units in Toledo: Provided further, That any and all
proceeds from such conversion are used to retire debt associated with
the Beacon Place project or to rehabilitate the properties known as the
Cubbon Properties.
[[Page 114 STAT. 2763A-311]]
Sec. 1004. The Comptroller General of the United States shall
conduct a study on the following topics--
(a)(1) The adequacy of the capital structure of the Federal
Home Loan Bank (FHLB) System as it relates to the risks posed
by: (A) the traditional advances business of the FHLB System;
(B) the expanded collateral provisions and permissible uses of
advances under the Gramm-Leach-Bliley Act of 1999; and (C) the
MPF, and other programs providing for the direct acquisition of
mortgages. The analysis should examine the credit risk, interest
rate risk, and operations risk associated with each structure;
(2) The risks associated with further growth in the direct
acquisition of mortgages by the Federal Home Loan Bank System;
and
(3) A comparison of the risk-based capital standard proposed
by the Federal Housing Finance Board for the Federal Home Loan
Bank System to the standard proposed by the Office of Federal
Housing Enterprise Oversight for the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation.
(b) Not later than 6 months after the date of the enactment
of this Act, 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 the study required under
subsection (a).
TITLE XI
DEPARTMENT OF THE TREASURY
Administrative Provision
SEC. 1101. HONORING THE NAVAJO CODE TALKERS.
(a) Congress finds that--
(1) on December 7, 1941, the Japanese Empire attacked Pearl
Harbor and war was declared by Congress the following day;
(2) the military code, developed by the United States for
transmitting messages, had been deciphered by the Japanese, and
a search by United States intelligence was made to develop new
means to counter the enemy;
(3) the United States Government called upon the Navajo
Nation to support the military effort by recruiting and
enlisting 29 Navajo men to serve as Marine Corps Radio
Operators;
(4) the number of Navajo enlistees later increased to more
than 350;
(5) at the time, the Navajos were often treated as second-
class citizens, and they were a people who were discouraged from
using their own native language;
(6) the Navajo Marine Corps Radio Operators, who became
known as the ``Navajo Code Talkers'', were used to develop a
code using their native language to communicate military
messages in the Pacific;
(7) to the enemy's frustration, the code developed by these
Native Americans proved to be unbreakable, and was used
extensively throughout the Pacific theater;
[[Page 114 STAT. 2763A-312]]
(8) the Navajo language, discouraged in the past, was
instrumental in developing the most significant and successful
military code of the time;
(9) at Iwo Jima alone, the Navajo Code Talkers passed over
800 error-free messages in a 48-hour period;
(10) use of the Navajo Code was so successful, that--
(A) military commanders credited it in saving the
lives of countless American soldiers and in the success
of the engagements of the United States in the battles
of Guadalcanal, Tarawa, Saipan, Iwo Jima, and Okinawa;
(B) some Code Talkers were guarded by fellow
marines, whose role was to kill them in case of imminent
capture by the enemy; and
(C) the Navajo Code was kept secret for 23 years
after the end of World War II;
(11) following the conclusion of World War II, the
Department of Defense maintained the secrecy of the Navajo code
until it was declassified in 1968; and
(12) only then did a realization of the sacrifice and valor
of these brave Native Americans emerge from history.
(b)(1) To express recognition by the United States and its citizens
in honoring the Navajo Code Talkers, who distinguished themselves in
performing a unique, highly successful communications operation that
greatly assisted in saving countless lives and hastening the end of
World War II in the Pacific, the President is authorized--
(A) to award to each of the original 29 Navajo Code Talkers,
or a surviving family member, on behalf of the Congress, a gold
medal of appropriate design, honoring the Navajo Code Talkers;
and
(B) to award to each person who qualified as a Navajo Code
Talker (MOS 642), or a surviving family member, on behalf of the
Congress, a silver medal of appropriate design, honoring the
Navajo Code Talkers.
(2) For purposes of the awards authorized by paragraph (1), the
Secretary of the Treasury (in this section referred to as the
``Secretary'') shall strike gold and silver medals with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) The Secretary may strike and sell duplicates in bronze of the
medals struck pursuant to this section, under such regulations as the
Secretary may prescribe, and a price sufficient to cover the costs
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the medals.
(d) The medals struck pursuant to this section are national medals
for purposes of chapter 51, of title 31, United States Code.
(e)(1) There is authorized to be charged against the United States
Mint Public Enterprise Fund, such sums as may be necessary to pay for
the costs of the medals authorized by this section.
(2) Amounts received from the sale of duplicate medals under this
section shall be deposited in the United States Mint Public Enterprise
Fund.
[[Page 114 STAT. 2763A-313]]
TITLE XII
ENVIRONMENTAL PROTECTION AGENCY
Administrative Provision
SEC. 1201. ABOVEGROUND STORAGE TANK GRANT PROGRAM.
(a) Definitions.--In this provision:
(1) Aboveground storage tank.--The term ``aboveground
storage tank'' means any tank or combination of tanks (including
any connected pipe)--
(A) that is used to contain an accumulation of
regulated substances; and
(B) the volume of which (including the volume of any
connected pipe) is located wholly above the surface of
the ground.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Denali commission.--The term ``Denali Commission'' means
the commission established by section 303(a) of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note).
(4) Federal environmental law.--The term ``Federal
environmental law'' means--
(A) the Oil Pollution Control Act of 1990 (33 U.S.C.
2701 et seq.);
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(D) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); or
(E) any other Federal law that is applicable to the
release into the environment of a regulated substance,
as determined by the Administrator.
(5) Native village.--The term ``Native village'' has the
meaning given the term in section 11(b) in Public Law 92-203 (85
Stat. 688).
(6) Program.--The term ``program'' means the Aboveground
Storage Tank Grant Program established by subsection (b)(1).
(7) Regulated substance.--The term ``regulated substance''
has the meaning given the term in section 9001 of the Solid
Waste Disposal Act (42 U.S.C. 6991).
(8) State.--The term ``State'' means the State of Alaska.
(b) Establishment.--
(1) In general.--There is established a grant program to be
known as the ``Aboveground Storage Tank Grant Program''.
(2) Grants.--Under the program, the Administrator shall
award a grant to--
(A) the State, on behalf of a Native village; or
(B) the Denali Commission.
(c) Use of Grants.--The State or the Denali Commission shall use
the funds of a grant under subsection (b) to repair, upgrade, or replace
one or more aboveground storage tanks that--
[[Page 114 STAT. 2763A-314]]
(1) leaks or poses an imminent threat of leaking, as
certified by the Administrator, the Commandant of the Coast
Guard, or any other appropriate Federal or State agency (as
determined by the Administrator); and
(2) is located in a Native village--
(A) the median household income of which is less
than 80 percent of the median household income in the
State;
(B) that is located--
(i) within the boundaries of--
(I) a unit of the National Park
System;
(II) a unit of the National Wildlife
Refuge System; or
(III) a National Forest; or
(ii) on public land under the administrative
jurisdiction of the Bureau of Land Management; or
(C) that receives payments from the Federal
Government under chapter 69 of title 31, United States
Code (commonly known as ``payments in lieu of taxes'').
(d) Reports.--Not later than 1 year after the date on which the
State or the Denali Commission receives a grant under subsection (c),
and annually thereafter, the State or the Denali Commission, as the case
may be, shall submit a report describing each project completed with
grant funds and any projects planned for the following year, to--
(1) the Administrator;
(2) the Committee on Resources of the House of
Representatives;
(3) the Committee on Environment and Public Works of the
Senate;
(4) the Committee on Appropriations of the House of
Representatives; and
(5) the Committee on Appropriations of the Senate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act, to remain available until expended--
(1) $20,000,000 for fiscal year 2001; and
(2) such sums as are necessary for each fiscal year
thereafter.
TITLE XIII
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
ADMINISTRATIVE PROVISION
Sec. 1301. Of the proceeds in any fiscal year from the sale of
timber on Federal property at the John C. Stennis Space Center, or on
additional real property within the restricted easement area adjacent to
the Center, any funds that are in excess of the amount necessary for the
expenses of commonly accepted forest management practices on such
properties may be retained and used by the National Aeronautics and
Space Administration for the acquisition from willing sellers of up to a
total of 500 acres of real property to establish education and visitor
programs and facilities that promote and preserve the regional and
national history of the area, including the contributions of Stennis
Space Center, and, as necessary, for wetlands mitigation.