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PUBLIC LAW 106–554—DEC. 21, 2000

114 STAT. 2763

*Public Law 106–554
106th Congress
An Act
Making 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 assembled,
SECTION 1. (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) 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.
(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

Dec. 21, 2000
[H.R. 4577]
Consolidated
Appropriations
Act, 2001.
Incorporation by
reference.

Publication.
1 USC 112 note.

* See Endnote on 114 Stat. 2764.

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114 STAT. 2764

PUBLIC LAW 106–554—DEC. 21, 2000

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):
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.
*ENDNOTE: The following appendixes were added pursuant to the provisions of section 1
of this Act (114 Stat. 2763).

Æ

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PUBLIC LAW 106–554—APPENDIX

114 STAT. 2763A–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

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–4

PUBLIC LAW 106–554—APPENDIX A

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

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PUBLIC LAW 106–554—APPENDIX A

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 welfareto-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.

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114 STAT. 2763A–6

PUBLIC LAW 106–554—APPENDIX A
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

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–8

PUBLIC LAW 106–554—APPENDIX A

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;

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PUBLIC LAW 106–554—APPENDIX A

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 firstaid 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.

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114 STAT. 2763A–10

PUBLIC LAW 106–554—APPENDIX A
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

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PUBLIC LAW 106–554—APPENDIX A

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)’’.

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114 STAT. 2763A–12

PUBLIC LAW 106–554—APPENDIX A

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

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–14

PUBLIC LAW 106–554—APPENDIX A

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

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PUBLIC LAW 106–554—APPENDIX A

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.

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114 STAT. 2763A–16

PUBLIC LAW 106–554—APPENDIX A
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.

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–18

PUBLIC LAW 106–554—APPENDIX A

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.

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–20

PUBLIC LAW 106–554—APPENDIX A

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,

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PUBLIC LAW 106–554—APPENDIX A

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.

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114 STAT. 2763A–22

PUBLIC LAW 106–554—APPENDIX A
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

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PUBLIC LAW 106–554—APPENDIX A

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.

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114 STAT. 2763A–24

PUBLIC LAW 106–554—APPENDIX A
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

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–26

PUBLIC LAW 106–554—APPENDIX A

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.

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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.

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114 STAT. 2763A–28

PUBLIC LAW 106–554—APPENDIX A

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

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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

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(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

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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 communitybased 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

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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

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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 McKinneyVento 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

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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

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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

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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

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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,

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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

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–40

PUBLIC LAW 106–554—APPENDIX A

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

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PUBLIC LAW 106–554—APPENDIX A

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.

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PUBLIC LAW 106–554—APPENDIX A

(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;

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PUBLIC LAW 106–554—APPENDIX A

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,

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PUBLIC LAW 106–554—APPENDIX A

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:

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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

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PUBLIC LAW 106–554—APPENDIX A

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

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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

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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 nonFederal 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

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PUBLIC LAW 106–554—APPENDIX A

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

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PUBLIC LAW 106–554—APPENDIX A

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.

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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

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114 STAT. 2763A–52

PUBLIC LAW 106–554—APPENDIX A
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

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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

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114 STAT. 2763A–54

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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

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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

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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 perpupil 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)).

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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

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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.

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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

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114 STAT. 2763A–60

PUBLIC LAW 106–554—APPENDIX A

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

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PUBLIC LAW 106–554—APPENDIX A

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—

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‘‘(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.

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PUBLIC LAW 106–554—APPENDIX A
FEDERAL MEDIATION

AND

114 STAT. 2763A–63

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

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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 ShreveportBossier, 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,

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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.

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114 STAT. 2763A–66

PUBLIC LAW 106–554—APPENDIX A
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

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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

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114 STAT. 2763A–68

PUBLIC LAW 106–554—APPENDIX A

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

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PUBLIC LAW 106–554—APPENDIX A

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 OldAge 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 executivelegislative 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’’.

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114 STAT. 2763A–70

PUBLIC LAW 106–554—APPENDIX A

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 lifeendangering 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

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PUBLIC LAW 106–554—APPENDIX A

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.

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114 STAT. 2763A–72

PUBLIC LAW 106–554—APPENDIX A

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;

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–74

PUBLIC LAW 106–554—APPENDIX A

‘‘(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’’.

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PUBLIC LAW 106–554—APPENDIX A

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 lowincome 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’’.

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(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.

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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 healthrelated 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.

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PUBLIC LAW 106–554—APPENDIX A

‘‘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

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PUBLIC LAW 106–554—APPENDIX A

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;

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(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.

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PUBLIC LAW 106–554—APPENDIX A

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;

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114 STAT. 2763A–82

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(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

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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,

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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 lowincome 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—

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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.

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PUBLIC LAW 106–554—APPENDIX A
(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;

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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.

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114 STAT. 2763A–88

PUBLIC LAW 106–554—APPENDIX A

(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

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PUBLIC LAW 106–554—APPENDIX A

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.

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114 STAT. 2763A–90

PUBLIC LAW 106–554—APPENDIX A

‘‘(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

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PUBLIC LAW 106–554—APPENDIX A

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

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114 STAT. 2763A–92

PUBLIC LAW 106–554—APPENDIX A

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’’.

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PUBLIC LAW 106–554—APPENDIX B

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.

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114 STAT. 2763A–94

PUBLIC LAW 106–554—APPENDIX B
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
$34,811,000.

of

the

Sergeant

at

Arms

and

Doorkeeper,

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.

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PUBLIC LAW 106–554—APPENDIX B
OFFICE

OF

114 STAT. 2763A–95

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:

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114 STAT. 2763A–96

PUBLIC LAW 106–554—APPENDIX B

‘‘(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’’).

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PUBLIC LAW 106–554—APPENDIX B

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

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114 STAT. 2763A–98

PUBLIC LAW 106–554—APPENDIX B

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

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PUBLIC LAW 106–554—APPENDIX B

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
MEMBERS, AND OFFICIAL MAIL

OF

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

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114 STAT. 2763A–100

PUBLIC LAW 106–554—APPENDIX B

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.

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PUBLIC LAW 106–554—APPENDIX B

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
2001

OF

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.

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114 STAT. 2763A–102

PUBLIC LAW 106–554—APPENDIX B
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 Presidentelect 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

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PUBLIC LAW 106–554—APPENDIX B

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

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114 STAT. 2763A–104

PUBLIC LAW 106–554—APPENDIX B

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.

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PUBLIC LAW 106–554—APPENDIX B

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;

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114 STAT. 2763A–106

PUBLIC LAW 106–554—APPENDIX B

(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.

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PUBLIC LAW 106–554—APPENDIX B

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.

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114 STAT. 2763A–108

PUBLIC LAW 106–554—APPENDIX B
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

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PUBLIC LAW 106–554—APPENDIX B

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
(INCLUDING

AND

BINDING

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

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114 STAT. 2763A–110

PUBLIC LAW 106–554—APPENDIX B

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.

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PUBLIC LAW 106–554—APPENDIX B

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

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114 STAT. 2763A–112

PUBLIC LAW 106–554—APPENDIX B

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,

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PUBLIC LAW 106–554—APPENDIX B

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

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114 STAT. 2763A–114

PUBLIC LAW 106–554—APPENDIX B

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

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PUBLIC LAW 106–554—APPENDIX B

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,

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114 STAT. 2763A–116

PUBLIC LAW 106–554—APPENDIX B

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

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PUBLIC LAW 106–554—APPENDIX B

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

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114 STAT. 2763A–118

PUBLIC LAW 106–554—APPENDIX B

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.

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PUBLIC LAW 106–554—APPENDIX B

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—

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114 STAT. 2763A–120

PUBLIC LAW 106–554—APPENDIX B

(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.—

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PUBLIC LAW 106–554—APPENDIX B

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

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114 STAT. 2763A–122

PUBLIC LAW 106–554—APPENDIX B

(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

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PUBLIC LAW 106–554—APPENDIX B

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

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114 STAT. 2763A–124

PUBLIC LAW 106–554—APPENDIX B

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’’.

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PUBLIC LAW 106–554—APPENDIX C

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
(INCLUDING

AND

CAPITAL INVESTMENTS PROGRAMS

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.

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114 STAT. 2763A–126

PUBLIC LAW 106–554—APPENDIX C
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
(INCLUDING

TO

FINANCIAL SERVICES

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

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PUBLIC LAW 106–554—APPENDIX C

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

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114 STAT. 2763A–128

PUBLIC LAW 106–554—APPENDIX C

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;

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PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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.

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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

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114 STAT. 2763A–132

PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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.

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114 STAT. 2763A–134

PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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

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114 STAT. 2763A–136

PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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.

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114 STAT. 2763A–138

PUBLIC LAW 106–554—APPENDIX C
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

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PUBLIC LAW 106–554—APPENDIX C

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

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114 STAT. 2763A–140

PUBLIC LAW 106–554—APPENDIX C

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
SEVERELY DISABLED

ARE

BLIND

OR

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.

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PUBLIC LAW 106–554—APPENDIX C

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 nonFederal 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

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114 STAT. 2763A–142

PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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

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114 STAT. 2763A–144

PUBLIC LAW 106–554—APPENDIX C

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.

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PUBLIC LAW 106–554—APPENDIX C

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.

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114 STAT. 2763A–146

PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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.

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114 STAT. 2763A–148

PUBLIC LAW 106–554—APPENDIX C

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.

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PUBLIC LAW 106–554—APPENDIX C
OFFICE

OF

114 STAT. 2763A–149

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.

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114 STAT. 2763A–150

PUBLIC LAW 106–554—APPENDIX C

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.

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PUBLIC LAW 106–554—APPENDIX C

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.

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114 STAT. 2763A–152

PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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,

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114 STAT. 2763A–154

PUBLIC LAW 106–554—APPENDIX C

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 costof-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,

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PUBLIC LAW 106–554—APPENDIX C

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-ofliving 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

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114 STAT. 2763A–156

PUBLIC LAW 106–554—APPENDIX C

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;

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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

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114 STAT. 2763A–158

PUBLIC LAW 106–554—APPENDIX C

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,

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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 policydetermining 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).

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PUBLIC LAW 106–554—APPENDIX C

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

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PUBLIC LAW 106–554—APPENDIX C

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.

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114 STAT. 2763A–162

PUBLIC LAW 106–554—APPENDIX C

(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.

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PUBLIC LAW 106–554—APPENDIX C

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

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114 STAT. 2763A–164

PUBLIC LAW 106–554—APPENDIX C

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

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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 localitybased 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

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PUBLIC LAW 106–554—APPENDIX C

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

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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:

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114 STAT. 2763A–168

PUBLIC LAW 106–554—APPENDIX C

‘‘SUBCHAPTER VII—MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW ENFORCEMENT OFFICERS
‘‘§ 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

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PUBLIC LAW 106–554—APPENDIX C

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:
‘‘§ 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—

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PUBLIC LAW 106–554—APPENDIX C

‘‘(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’’.

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PUBLIC LAW 106–554—APPENDIX D

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’’;

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114 STAT. 2763A–172

PUBLIC LAW 106–554—APPENDIX D

(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 ‘‘, FLUECURED, 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 biobased 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:

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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

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114 STAT. 2763A–174

PUBLIC LAW 106–554—APPENDIX D

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

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–176

PUBLIC LAW 106–554—APPENDIX D

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

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PUBLIC LAW 106–554—APPENDIX D

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 haulouts;
(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.

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PUBLIC LAW 106–554—APPENDIX D

(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

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PUBLIC LAW 106–554—APPENDIX D

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’’—

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114 STAT. 2763A–180

PUBLIC LAW 106–554—APPENDIX D

(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

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PUBLIC LAW 106–554—APPENDIX D

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,

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114 STAT. 2763A–182

PUBLIC LAW 106–554—APPENDIX D

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,

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PUBLIC LAW 106–554—APPENDIX D

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;

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114 STAT. 2763A–184

PUBLIC LAW 106–554—APPENDIX D

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

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PUBLIC LAW 106–554—APPENDIX D

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—

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(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

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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—

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114 STAT. 2763A–188

PUBLIC LAW 106–554—APPENDIX D

(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.

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PUBLIC LAW 106–554—APPENDIX D

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.

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114 STAT. 2763A–190

PUBLIC LAW 106–554—APPENDIX D
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.

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PUBLIC LAW 106–554—APPENDIX D

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.

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114 STAT. 2763A–192

PUBLIC LAW 106–554—APPENDIX D
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

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PUBLIC LAW 106–554—APPENDIX D

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.

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114 STAT. 2763A–194

PUBLIC LAW 106–554—APPENDIX D
CHAPTER 9
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES

PAYMENTS

TO

WIDOWS

HEIRS OF DECREASED MEMBERS
CONGRESS

AND

OF

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

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–196

PUBLIC LAW 106–554—APPENDIX D

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

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PUBLIC LAW 106–554—APPENDIX D

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

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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):

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(A) In Township 1 North, Range 30 East, New Mexico
Prime Meridian:
(i) Sec. 2 (S1⁄2).
(ii) Sec. 11. All.
(iii) Sec. 20 (S1⁄2SE1⁄4).
(iv) Sec. 28. All.
(B) In Township 1 South, Range 30 East, New Mexico
Prime Meridian:
(i) Sec. 2 (Lots 1–12, S1⁄2).
(ii) Sec. 3 (Lots 1–12, S1⁄2).
(iii) Sec. 4 (Lots 1–12, S1⁄2).
(iv) Sec. 6 (Lots 1 and 2).
(v) Sec. 9 (N1⁄2, N1⁄2S1⁄2).
(vi) Sec. 10 (N1⁄2, N1⁄2S1⁄2).
(vii) Sec. 11 (N1⁄2, N1⁄2S1⁄2).
(C) In Township 2 North, Range 30 East, New Mexico
Prime Meridian:
(i) Sec. 20 (E1⁄2S1⁄4).
(ii) Sec. 21 (SW1⁄4, W1⁄2SE1⁄4).
(iii) Sec. 28 (W1⁄2E1⁄2, W1⁄2).
(iv) Sec. 29 (E1⁄2E1⁄2).
(v) Sec. 32 (E1⁄2E1⁄2).
(vi) Sec. 33 (W1⁄2E1⁄2, NW1⁄4, S1⁄2SW1⁄4).
(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 (S1⁄2).
(ii) Sec. 24 (S1⁄2SW1⁄4 and that portion of the E1⁄2
lying south of the Interstate Highway 90 right-of-way).
(iii) Sec. 26. All.
(B) In Township 16 North, Range 21 East, Willamette
Meridian:

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(i) Sec. 4 (SW1⁄4SW1⁄4).
(ii) Sec. 12 (SE1⁄4).
(iii) Sec. 18 (Lots 1, 2, 3, and 4, E1⁄2 and E1⁄2W1⁄2).
(C) In Township 17 North, Range 21 East, Willamette
Meridian:
(i) Sec. 30 (Lots 3 and 4).
(ii) Sec. 32 (NE1⁄4SE1⁄4).
(D) In Township 16 North, Range 22 East, Willamette
Meridian:
(i) Sec. 2 (Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2).
(ii) Sec. 4 (Lots 1, 2, 3, and 4, S1⁄2N1⁄2 and S1⁄2).
(iii) Sec. 10. All.
(iv) Sec. 14. All.
(v) Sec. 20 (SE1⁄4SW1⁄4).
(vi) Sec. 22. All.
(vii) Sec. 26 (N1⁄2).
(viii) Sec. 28 (N1⁄2).
(E) In Township 16 North, Range 23 East, Willamette
Meridian:
(i) Sec. 18 (Lots 3 and 4, E1⁄2SW1⁄4, W1⁄2SE1⁄4, and
that portion of the E1⁄2SE1⁄4 lying westerly of the westerly
right-of-way line of Huntzinger Road).
(ii) Sec. 20 (That portion of the SW1⁄4 lying westerly
of the easterly right-of-way line of the railroad).
(iii) Sec. 30 (Lots 1 and 2, NE1⁄4 and E1⁄2NW1⁄4).
(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 SE1⁄4).
(iii) Sec. 20 (S1⁄2).
(B) In Township 16 North, Range 21 East, Willamette
Meridian:
(i) Sec. 4 (Lots 1, 2, 3, and 4, S1⁄2NE1⁄4).
(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 (S1⁄2SE1⁄4).
(ii) Sec. 34 (W1⁄2).
(d) USE OF MINERAL MATERIALS.—Notwithstanding subsection
(c) or the Act of July 31, 1947, the Secretary of the Army may

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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;

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‘‘(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 rightof-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.

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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 rightsof-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

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(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.—

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(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

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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

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PUBLIC LAW 106–554—APPENDIX D

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.

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114 STAT. 2763A–208

PUBLIC LAW 106–554—APPENDIX D

(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.

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–210

PUBLIC LAW 106–554—APPENDIX D

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,

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PUBLIC LAW 106–554—APPENDIX D

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.

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114 STAT. 2763A–212

PUBLIC LAW 106–554—APPENDIX D
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.

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PUBLIC LAW 106–554—APPENDIX D

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.

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114 STAT. 2763A–214

PUBLIC LAW 106–554—APPENDIX D
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
AND

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ADULT CARE FOOD PROGRAM. (a) Section 17(a)(2)(B) of the

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–216

PUBLIC LAW 106–554—APPENDIX D

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

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‘‘(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

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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.).

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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.

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‘‘(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.

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‘‘(54) COOK COUNTY, ILLINOIS.—$35,000,000 for waterrelated 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 waterrelated 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—

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(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 nonFederal 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’’).

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(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

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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

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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

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114 STAT. 2763A–226

PUBLIC LAW 106–554—APPENDIX D

‘‘(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

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PUBLIC LAW 106–554—APPENDIX D

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.

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114 STAT. 2763A–228

PUBLIC LAW 106–554—APPENDIX D

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.

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–230

PUBLIC LAW 106–554—APPENDIX D

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-foottall 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

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PUBLIC LAW 106–554—APPENDIX D

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’),

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114 STAT. 2763A–232

PUBLIC LAW 106–554—APPENDIX D

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.’’.

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–233

SEC. 138. PERCENTAGE LIMITATIONS ON FEDERAL THRIFT SAVPLAN 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:

INGS

‘‘In the case of a pay period beginning in fiscal year:
2001
2002
2003
2004
2005
2006

The maximum
percentage
allowable is:
.................................................................................................................. 11
.................................................................................................................. 12
.................................................................................................................. 13
.................................................................................................................. 14
.................................................................................................................. 15
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

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114 STAT. 2763A–234

PUBLIC LAW 106–554—APPENDIX D

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:
‘‘§ 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 beginning in fiscal year:
2001
2002
2003
2004
2005
2006

The maximum
percentage
allowable is:
..................................................................................................................
6
..................................................................................................................
7
..................................................................................................................
8
..................................................................................................................
9
.................................................................................................................. 10
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 beginning in fiscal year:
2001
2002
2003
2004
2005
2006

The maximum
percentage
allowable is:
..................................................................................................................
6
..................................................................................................................
7
..................................................................................................................
8
..................................................................................................................
9
.................................................................................................................. 10
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.

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PUBLIC LAW 106–554—APPENDIX D

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.

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PUBLIC LAW 106–554—APPENDIX D

‘‘(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

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–238

PUBLIC LAW 106–554—APPENDIX D

‘‘(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—

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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 cochair of the Board’’;
(C) in paragraph (3)(F) by striking ‘‘, who shall be a cochair 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.’’;

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114 STAT. 2763A–240

PUBLIC LAW 106–554—APPENDIX D

(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;

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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 subamount 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—

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(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.

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(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

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PUBLIC LAW 106–554—APPENDIX D

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

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PUBLIC LAW 106–554—APPENDIX D

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:

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PUBLIC LAW 106–554—APPENDIX D

‘‘(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

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PUBLIC LAW 106–554—APPENDIX D

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:

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PUBLIC LAW 106–554—APPENDIX D

(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

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PUBLIC LAW 106–554—APPENDIX D

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

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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 21⁄2 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.

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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,

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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 12month 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 waterrelated environmental infrastructure and resource protection and
development projects in northern Wisconsin, including projects for
wastewater treatment and related facilities, water supply and

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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.

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114 STAT. 2763A–254

PUBLIC LAW 106–554—APPENDIX D

(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:

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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

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114 STAT. 2763A–256

PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–257

by the Socialist Republic of Vietnam under the United StatesVietnam 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—

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114 STAT. 2763A–258

PUBLIC LAW 106–554—APPENDIX D

(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

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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).

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PUBLIC LAW 106–554—APPENDIX D

(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

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‘‘(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.—

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PUBLIC LAW 106–554—APPENDIX D

‘‘(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 costshare 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 AnimasLa 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

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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 AnimasLa 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 AnimasLa 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—

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PUBLIC LAW 106–554—APPENDIX D

‘‘(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

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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 nonIndian 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.

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PUBLIC LAW 106–554—APPENDIX D

‘‘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

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–268

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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

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(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

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‘‘(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;

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‘‘(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;

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‘‘(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

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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;

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114 STAT. 2763A–274

PUBLIC LAW 106–554—APPENDIX D

‘‘(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—

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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

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PUBLIC LAW 106–554—APPENDIX D

‘‘(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

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PUBLIC LAW 106–554—APPENDIX D

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‘‘(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.—

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114 STAT. 2763A–278

PUBLIC LAW 106–554—APPENDIX D

‘‘(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

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‘‘(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

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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.

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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

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(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.’’.

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–284

PUBLIC LAW 106–554—APPENDIX D

(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 5,000acre 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

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PUBLIC LAW 106–554—APPENDIX D

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)

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114 STAT. 2763A–286

PUBLIC LAW 106–554—APPENDIX D

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 nonFederal 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 nonFederal 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.

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–287

‘‘(d) INDIAN MUNICIPAL RURAL AND INDUSTRIAL WATER
PLY.—The Secretary shall construct, operate, and maintain

SUPsuch
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

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114 STAT. 2763A–288

PUBLIC LAW 106–554—APPENDIX D

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

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–290

PUBLIC LAW 106–554—APPENDIX D

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.—

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PUBLIC LAW 106–554—APPENDIX D

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—

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‘‘(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

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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.

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PUBLIC LAW 106–554—APPENDIX D

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

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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;

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PUBLIC LAW 106–554—APPENDIX D

(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

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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

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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

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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;

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(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;

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(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 tourismrelated 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.

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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

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PUBLIC LAW 106–554—APPENDIX D

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 nonFederal 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

Years in
service

1

2

3

5

7

9

34,587

36,626
42,378

38,306
44,502
46,151

41,001
46,620
48,446

43,728
48,746
50,746

45,407
50,837
53,056

50,910

53,462
59,802

56,545
62,799

69,163

72,760

79,768

85,158

1:
3:
4:
5:

Private ...
Detective
Sergeant
Lieutenant 1 ........
7: Captain 1
8: Inspector/
Major 1 ....
9: Deputy
Chief 1 .....

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114 STAT. 2763A–304

‘‘Salary
class and
title

PUBLIC LAW 106–554—APPENDIX D

Step 1

Step 2

Step 3

Step 4

Step 5

Step 6

Step 7

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

Time
between
steps
Years in
service
1:
3:
4:
5:

Private ...
Detective
Sergeant
Lieutenant 1 ........
7: Captain 1
8: Inspector/
Major 1 ....
9: Deputy
Chief 1 .....
10: Assistant
Chief 2
11: Chief,
United
States Secret Service Uniformed
Division,
United
States
Park Police 3

Step 9

104 weeks

11

Step 10

Step 11

Step 12

156 weeks

13

15

Step 13

Step 14

208 weeks

18

22

26

30

47,107
52,972
55,372

48,801
55,086
57,691

50,498
57,204
59,999

53,448
61,212
63,558

55,394
63,337
65,867

57,036
65,462
68,176

58,746
67,426
70,221

59,120
65,797

61,688
68,757

64,258
71,747

68,197
76,292

70,744
79,309

73,290
82,325

75,489
84,796

76,542

80,524

83,983

87,645

91,827

95,464

99,075

90,578

95,980

99,968

103,957

107,945

111,933

115,291

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

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–306

PUBLIC LAW 106–554—APPENDIX D

(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

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PUBLIC LAW 106–554—APPENDIX D

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

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114 STAT. 2763A–308

PUBLIC LAW 106–554—APPENDIX D

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)’’.

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PUBLIC LAW 106–554—APPENDIX D

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.’’.

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114 STAT. 2763A–310

PUBLIC LAW 106–554—APPENDIX D

(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.

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PUBLIC LAW 106–554—APPENDIX D

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 secondclass 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;

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PUBLIC LAW 106–554—APPENDIX D

(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.

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PUBLIC LAW 106–554—APPENDIX D

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—

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114 STAT. 2763A–314

PUBLIC LAW 106–554—APPENDIX D

(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.

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–315

TITLE XIV—CERTAIN ALASKAN CRUISE SHIP OPERATIONS
SEC. 1401. PURPOSE.

The purpose of this title is to:
(1) Ensure that cruise vessels operating in the waters of
the Alexander Archipelago and the navigable waters of the
United States within the State of Alaska and within the
Kachemak Bay National Estuarine Research Reserve comply
with all applicable environmental laws, including, but not limited to, the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 et seq.), the Act to Prevent Pollution from
Ships, as amended (33 U.S.C. 1901 et seq.), and the protections
contained within this title.
(2) Ensure that cruise vessels do not discharge untreated
sewage within the waters of the Alexander Archipelago, the
navigable waters of the United States in the State of Alaska,
or within the Kachemak Bay National Estuarine Research
Reserve.
(3) Prevent the unregulated discharge of treated sewage
and graywater while in ports in the State of Alaska or traveling
near the shore in the Alexander Archipelago and the navigable
waters of the United States in the State of Alaska or within
the Kachemak Bay National Estuarine Research Reserve.
(4) Ensure that discharges of sewage and graywater from
cruise vessels operating in the Alexander Archipelago and the
navigable waters of the United States in the State of Alaska
or within the Kachemak Bay National Estuarine Research
Reserve can be monitored for compliance with the requirements
contained in this title.
SEC. 1402. APPLICABILITY.

This title applies to all cruise vessels authorized to carry 500
or more passengers for hire.
SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.

No person shall discharge any untreated sewage from a cruise
vessel into the waters of the Alexander Archipelago or the navigable
waters of the United States within the State of Alaska or within
the Kachemak Bay National Estuarine Research Reserve.
SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR
GRAYWATER.

(a) No person shall discharge any treated sewage or graywater
from a cruise vessel into the waters of the Alexander Archipelago
or the navigable waters of the United States within the State
of Alaska or within the Kachemak Bay National Estuarine Research
Reserve unless—
(1) the cruise vessel is underway and proceeding at a
speed of not less than six knots;
(2) the cruise vessel is not less than one nautical mile
from the nearest shore, except in areas designated by the
Secretary, in consultation with the State of Alaska;
(3) the discharge complies with all applicable cruise vessel
effluent standards established pursuant to this title and any
other applicable law; and
(4) the cruise vessel is not in an area where the discharge
of treated sewage or graywater is prohibited.

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114 STAT. 2763A–316

PUBLIC LAW 106–554—APPENDIX D

(b) The Administrator, in consultation with the Secretary, may
promulgate regulations allowing the discharge of treated sewage
or graywater, otherwise prohibited under paragraphs (a)(1) and
(a)(2) of this section, where the discharge meets effluent standards
determined by the Administrator as appropriate for discharges into
the marine environment. In promulgating such regulations, the
Administrator shall take into account the best available scientific
information on the environmental effects of the regulated discharges. The effluent discharge standards promulgated under this
section shall, at a minimum, be consistent with all relevant State
of Alaska water quality standards in force at the time of the
enactment of this title.
(c) Until such time as the Administrator promulgates regulations under paragraph (b) of this section, treated sewage and
graywater may be discharged from vessels subject to this title
in circumstances otherwise prohibited under paragraphs (a)(1) and
(a)(2) of this section, provided that—
(1) the discharge satisfies the minimum level of effluent
quality specified in 40 CFR 133.102, as in effect on the date
of enactment of this section;
(2) the geometric mean of the samples from the discharge
during any 30-day period does not exceed 20 fecal coliform/
100 ml and not more than 10 percent of the samples exceed
40 fecal coliform/100 ml;
(3) concentrations of total residual chlorine may not exceed
10.0 µg/l; and
(4) prior to any such discharge occurring, the owner, operator or master, or other person in charge of a cruise vessel,
can demonstrate test results from at least five samples taken
from the vessel representative of the effluent to be discharged,
on different days over a 30-day period, conducted in accordance
with the guidelines promulgated by the Administrator in 40
CFR Part 136, which confirm that the water quality of the
effluents proposed for discharge is in compliance with paragraphs (1), (2), and (3) of this subsection. To the extent not
otherwise being done by the owner, operator, master or other
person in charge of a cruise vessel pursuant to section 1406,
the owner, operator, master or other person in charge of a
cruise vessel shall demonstrate continued compliance through
periodic sampling. Such sampling and test results shall be
considered environmental compliance records that must be
made available for inspection pursuant to section 1406(d) of
this title.
SEC. 1405. SAFETY EXCEPTION.

Sections 1403 and 1404 of this title shall not apply to discharges
made for the purpose of securing the safety of the cruise vessel
or saving life at sea, provided that all reasonable precautions have
been taken for the purpose of preventing or minimizing the discharge.
SEC. 1406. INSPECTION AND SAMPLING REGIME.

(a) The Secretary shall incorporate into the commercial vessel
examination program an inspection regime sufficient to verify that
cruise vessels visiting ports in the State of Alaska or operating
in the waters of the Alexander Archipelago or the navigable waters
of the United States within the State of Alaska or within the
Kachemak Bay National Estuarine Research Reserve are in full

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–317

compliance with this title, the Federal Water Pollution Control
Act, as amended, and any regulations issued thereunder, other
applicable Federal laws and regulations, and all applicable international treaty requirements.
(b) The inspection regime shall, at a minimum, include—
(1) examination of environmental compliance records and
procedures; and
(2) inspection of the functionality and proper operation
of installed equipment for abatement and control of any discharge.
(c) The inspection regime may—
(1) include unannounced inspections of any aspect of cruise
vessel operations, equipment or discharges pertinent to the
verification under subsection (a) of this section; and
(2) require the owner, operator or master, or other person
in charge of a cruise vessel subject to this title to maintain
and produce a logbook detailing the times, types, volumes or
flow rates and locations of any discharges of sewage or
graywater under this title.
(d) The inspection regime shall incorporate a plan for sampling
and testing cruise vessel discharges to ensure that any discharges
of sewage or graywater are in compliance with this title, the Federal
Water Pollution Control Act, as amended, and any other applicable
laws and regulations, and may require the owner, operator or
master, or other person in charge of a cruise vessel subject to
this title to conduct such samples or tests, and to produce any
records of such sampling or testing at the request of the Secretary
or Administrator.
SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.

Pursuant to this title and the authority of the Federal Water
Pollution Control Act, as amended, the Administrator may promulgate effluent standards for treated sewage and graywater from
cruise vessels operating in the waters of the Alexander Archipelago
or the navigable waters of the United States within the State
of Alaska or within the Kachemak Bay National Estuarine Research
Reserve. Regulations implementing such standards shall take into
account the best available scientific information on the environmental effects of the regulated discharges and the availability of
new technologies for wastewater treatment. Until such time as
the Administrator promulgates such effluent standards, treated
sewage effluent discharges shall not have a fecal coliform bacterial
count of greater than 200 per 100 milliliters nor suspended solids
greater than 150 milligrams per liter.
SEC. 1408. REPORTS.

(a) Any owner, operator or master, or other person in charge
of a cruise vessel who has knowledge of a discharge from the
cruise vessel in violation of section 1403 or 1404 or pursuant to
section 1405 of this title, or any regulations promulgated thereunder, shall immediately report that discharge to the Secretary,
who shall provide a copy to the Administrator upon request.
(b) The Secretary may prescribe the form of reports required
under this section.
SEC. 1409. ENFORCEMENT.

(a) ADMINISTRATIVE PENALTIES.—

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114 STAT. 2763A–318

PUBLIC LAW 106–554—APPENDIX D

(1) VIOLATIONS.—Any person who violates section 1403,
1404, 1408, or 1413 of this title, or any regulations promulgated
pursuant to this title may be assessed a class I or class II
civil penalty by the Secretary or Administrator.
(2) CLASSES OF PENALTIES.—
(A) CLASS I.—The amount of a class I civil penalty
under this section may not exceed $10,000 per violation,
except that the maximum amount of any class I civil penalty under this section shall not exceed $25,000. Before
assessing a civil penalty under this clause, the Secretary
or Administrator, as the case may be, shall give to the
person to be assessed such penalty written notice of the
Secretary’s or Administrator’s proposal to assess the penalty and the opportunity to request, within 30 days of
the date the notice is received by such person, a hearing
on the proposed penalty. Such hearing shall not be subject
to section 554 or 556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence.
(B) CLASS II.—The amount of a class II civil penalty
under this section may not exceed $10,000 per day for
each day during which the violation continues, except that
the maximum amount of any class II civil penalty under
this section shall not exceed $125,000. Except as otherwise
provided in this subsection, a class II civil penalty shall
be assessed and collected in the same manner, and subject
to the same provisions as in the case of civil penalties
assessed and collected after notice and an opportunity for
a hearing on the record in accordance with section 554
of title 5, United States Code. The Secretary and Administrator may issue rules for discovery procedures for hearings
under this paragraph.
(3) RIGHTS OF INTERESTED PERSONS.—
(A) PUBLIC NOTICE.—Before issuing an order assessing
a class II civil penalty under this section, the Secretary
or Administrator, as the case may be, shall provide public
notice of and reasonable opportunity to comment on the
proposed issuance of each order.
(B) PRESENTATION OF EVIDENCE.—Any person who comments on a proposed assessment of a class II civil penalty
under this section shall be given notice of any hearing
held under this paragraph and of the order assessing such
penalty. In any hearing held under this paragraph, such
person shall have a reasonable opportunity to be heard
and present evidence.
(C) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
If no hearing is held under subsection (2) before issuance
of an order assessing a class II civil penalty under this
section, any person who commented on the proposed assessment may petition, within 30 days after the issuance of
such order, the Administrator or Secretary, as the case
may be, to set aside such order and to provide a hearing
on the penalty. If the evidence presented by the petitioner
in support of the petition is material and was not considered in the issuance of the order, the Administrator or
Secretary shall immediately set aside such order and provide a hearing in accordance with subsection (2)(B). If
the Administrator or Secretary denies a hearing under

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–319

this clause, the Administrator or Secretary shall provide
to the petitioner, and publish in the Federal Register, notice
of and the reasons for such denial.
(4) FINALITY OF ORDER.—An order assessing a class II
civil penalty under this paragraph shall become final 30 days
after its issuance unless a petition for judicial review is filed
under subparagraph (6) or a hearing is requested under subsection (3)(C). If such a hearing is denied, such order shall
become final 30 days after such denial.
(5) EFFECT OF ACTION ON COMPLIANCE.—No action by the
Administrator or Secretary under this paragraph shall affect
any person’s obligation to comply with any section of this title.
(6) JUDICIAL REVIEW.—Any person against whom a civil
penalty is assessed under this paragraph or who commented
on the proposed assessment of such penalty in accordance with
subsection (3) may obtain review of such assessment—
(A) in the case of assessment of a class I civil penalty,
in the United States District Court for the District of
Columbia or in the District of Alaska; or
(B) in the case of assessment of a class II civil penalty,
in the United States Court of Appeals for the District
of Columbia Circuit or for any other circuit in which such
person resides or transacts business, by filing a notice
of appeal in such court within the 30-day period beginning
on the date the civil penalty order is issued and by simultaneously sending a copy of such notice by certified mail
to the Administrator or Secretary, as the case may be,
and the Attorney General. The Administrator or Secretary
shall promptly file in such court a certified copy of the
record on which the order was issued. Such court shall
not set aside or remand such order unless there is not
substantial evidence in the record, taken as a whole, to
support the finding of a violation or unless the Administrator’s or Secretary’s assessment of the penalty constitutes
an abuse of discretion and shall not impose additional
civil penalties for the same violation unless the Administrator’s or Secretary’s assessment of the penalty constitutes
an abuse of discretion.
(7) COLLECTION.—If any person fails to pay an assessment
of a civil penalty—
(A) after the assessment has become final, or
(B) after a court in an action brought under subsection
(6) has entered a final judgment in favor of the Administrator or Secretary, as the case may be, the Administrator
or Secretary shall request the Attorney General to bring
a civil action in an appropriate district court to recover
the amount assessed (plus interest at currently prevailing
rates from the date of the final order or the date of the
final judgment, as the case may be). In such an action,
the validity, amount, and appropriateness of such penalty
shall not be subject to review. Any person who fails to
pay on a timely basis the amount of an assessment of
a civil penalty as described in the first sentence of this
subparagraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection
proceedings and a quarterly nonpayment penalty for each
quarter during which such failure to pay persists. Such

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114 STAT. 2763A–320

PUBLIC LAW 106–554—APPENDIX D

nonpayment penalty shall be in an amount equal to 20
percent of the aggregate amount of such person’s penalties
and nonpayment penalties which are unpaid as of the
beginning of such quarter.
(8) SUBPOENAS.—The Administrator or Secretary, as the
case may be, may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, or documents in connection with hearings under this
section. In case of contumacy or refusal to obey a subpoena
issued pursuant to this subsection and served upon any person,
the district court of the United States for any district in which
such person is found, resides, or transacts business, upon
application by the United States and after notice to such person,
shall have jurisdiction to issue an order requiring such person
to appear and give testimony before the Administrator or Secretary or to appear and produce documents before the Administrator or Secretary, or both, and any failure to obey such
order of the court may be punished by such court as a contempt
thereof.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person who violates section 1403,
1404, 1408, or 1413 of this title, or any regulations promulgated
pursuant to this title shall be subject to a civil penalty not
to exceed $25,000 per day for each violation. Each day a violation continues constitutes a separate violation.
(2) JURISDICTION.—An action to impose a civil penalty
under this section may be brought in the district court of
the United States for the district in which the defendant is
located, resides, or transacts business, and such court shall
have jurisdiction to assess such penalty.
(3) LIMITATION.—A person is not liable for a civil judicial
penalty under this paragraph for a violation if the person
has been assessed a civil administrative penalty under paragraph (a) for the violation.
(c) DETERMINATION OF AMOUNT.—In determining the amount
of a civil penalty under paragraphs (a) or (b) of this section, the
court, the Secretary or the Administrator, as the case may be,
shall consider the seriousness of the violation or violations, the
economic benefit (if any) resulting from the violation, any history
of such violations, any good-faith efforts to comply with the
applicable requirements, the economic impact of the penalty on
the violator, and other such matters as justice may require.
(d) CRIMINAL PENALTIES.—
(1) NEGLIGENT VIOLATIONS.—Any person who negligently
violates section 1403, 1404, 1408, or 1413 of this title, or
any regulations promulgated pursuant to this title commits
a Class A misdemeanor.
(2) KNOWING VIOLATIONS.—Any person who knowingly violates section 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title commits a Class
D felony.
(3) FALSE STATEMENTS.—Any person who knowingly makes
any false statement, representation, or certification in any
record, report or other document filed or required to be maintained under this title or the regulations issued thereunder,
or who falsifies, tampers with, or knowingly renders inaccurate
any testing or monitoring device or method required to be

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–321

maintained under this title, or the regulations issued thereunder, commits a Class D felony.
(e) AWARDS.—
(1) The Secretary, the Administrator, or the court, when
assessing any fines or civil penalties, as the case may be,
may pay from any fines or civil penalties collected under this
section an amount not to exceed one-half of the penalty or
fine collected, to any individual who furnishes information
which leads to the payment of the penalty or fine. If several
individuals provide such information, the amount shall be
divided equitably among such individuals. No officer or
employee of the United States, the State of Alaska or any
federally recognized Tribe who furnishes information or renders
service in the performance of his or her official duties shall
be eligible for payment under this subsection.
(2) The Secretary, Administrator or the court, when assessing any fines or civil penalties, as the case may be, may pay,
from any fines or civil penalties collected under this section,
to the State of Alaska or to any federally recognized Tribe
providing information or investigative assistance which leads
to payment of the penalty or fine, an amount which reflects
the level of information or investigative assistance provided.
Should the State of Alaska or a federally recognized Tribe
and an individual under paragraph (1) of this section be eligible
for an award, the Secretary, the Administrator, or the court,
as the case may be, shall divide the amount equitably.
(f ) LIABILITY IN REM.—A cruise vessel operated in violation
of this title or the regulations issued thereunder is liable in rem
for any fine imposed under subsection (d) of this section or for
any civil penalty imposed under subsections (a) or (b) of this section,
and may be proceeded against in the United States district court
of any district in which the cruise vessel may be found.
(g) COMPLIANCE ORDERS.—
(1) IN GENERAL.—Whenever on the basis of any information
available to him the Administrator finds that any person is
in violation of section 1403, 1404, 1408, or 1413 of this title,
or any regulations promulgated pursuant to this title, the
Administrator shall issue an order requiring such person to
comply with such section or requirement, or shall bring a
civil action in accordance with subsection (b).
(2) COPIES OF ORDERS, SERVICE.—A copy of any order issued
under this subsection shall be sent immediately by the Administrator to the State of Alaska. In any case in which an order
under this subsection is issued to a corporation, a copy of
such order shall be served on any appropriate corporate officer.
Any order issued under this subsection shall be by personal
service, shall state with reasonable specificity the nature of
the violation, and shall specify a time for compliance not to
exceed 30 days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and
not to exceed a time the Administrator determines to be reasonable in the case of a violation of a final deadline, taking into
account the seriousness of the violation and any good faith
efforts to comply with applicable requirements.
(h) CIVIL ACTIONS.—The Administrator is authorized to commence a civil action for appropriate relief, including a permanent
or temporary injunction, for any violation for which he is authorized

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114 STAT. 2763A–322

PUBLIC LAW 106–554—APPENDIX D

to issue a compliance order under this subsection. Any action under
subsection (h) may be brought in the district court of the United
States for the district in which the defendant is located or resides
or is doing business, and such court shall have jurisdiction to
restrain such violation and to require compliance. Notice of the
commencement of such action shall be given immediately to the
State of Alaska.
SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DISCHARGE ZONES.

If the State of Alaska determines that the protection and
enhancement of the quality of some or all of the waters of the
Alexander Archipelago or the navigable waters of the United States
within the State of Alaska or within the Kachemak Bay National
Estuarine Research Reserve require greater environmental protection, the State of Alaska may petition the Administrator to prohibit
the discharge of graywater and sewage from cruise vessels operating
in such waters. The establishment of such a prohibition shall be
achieved in the same manner as the petitioning process and prohibition of the discharge of sewage pursuant to section 312(f ) of the
Federal Water Pollution Control Act, as amended, and the regulations promulgated thereunder.
SEC. 1411. SAVINGS CLAUSE.

(a) Nothing in this title shall be construed as restricting, affecting, or amending any other law or the authority of any department,
instrumentality, or agency of the United States.
(b) Nothing in this title shall in any way affect or restrict,
or be construed to affect or restrict, the authority of the State
of Alaska or any political subdivision thereof—
(1) to impose additional liability or additional requirements;
or
(2) to impose, or determine the amount of a fine or penalty
(whether criminal or civil in nature) for any violation of law;
relating to the discharge of sewage (whether treated or
untreated) or graywater in the waters of the Alexander
Archipelago and the navigable waters of the United States
within the State of Alaska or within the Kachemak Bay
National Estuarine Research Reserve.
SEC. 1412. REGULATIONS.

The Secretary and the Administrator each may prescribe any
regulations necessary to carry out the provisions of this title.
SEC. 1413. INFORMATION GATHERING AUTHORITY.

The authority of sections 308(a) and (b) of the Federal Water
Pollution Control Act, as amended, shall be available to the
Administrator to carry out the provisions of this title. The Administrator and the Secretary shall minimize, to the extent practicable,
duplication of or inconsistency with the inspection, sampling, testing, recordkeeping, and reporting requirements established by the
Secretary under section 1406 of this title.
SEC. 1414. DEFINITIONS.

In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the United States Environmental Protection
Agency.

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–323

(2) CRUISE VESSEL.—The term ‘‘cruise vessel’’ means a passenger vessel as defined in section 2101(22) of title 46, United
States Code. The term ‘‘cruise vessel’’ does not include a vessel
of the United States operated by the Federal Government or
a vessel owned and operated by the government of a State.
(3) DISCHARGE.—The term ‘‘discharge’’ means any release
however caused from a cruise vessel, and includes any escape,
disposal, spilling, leaking, pumping, emitting, or emptying.
(4) GRAYWATER.—The term ‘‘graywater’’ means only galley,
dishwasher, bath, and laundry waste water. The term does
not include other wastes or waste streams.
(5) NAVIGABLE WATERS.—The term ‘‘navigable waters’’ has
the same meaning as in section 502 of the Federal Water
Pollution Control Act, as amended.
(6) PERSON.—The term ‘‘person’’ means an individual, corporation, partnership, limited liability company, association,
State, municipality, commission, or political subdivision of a
State, or any federally recognized tribe.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the department in which the United States Coast Guard
is operating.
(8) SEWAGE.—The term ‘‘sewage’’ means human body
wastes and the wastes from toilets and other receptacles
intended to receive or retain body waste.
(9) TREATED SEWAGE.—The term ‘‘treated sewage’’ means
sewage meeting all applicable effluent limitation standards and
processing requirements of the Federal Water Pollution Control
Act, as amended and of this title, and regulations promulgated
under either.
(10) UNTREATED SEWAGE.—The term ‘‘untreated sewage’’
means sewage that is not treated sewage.
(11) WATERS OF THE ALEXANDER ARCHIPELAGO.—The term
‘‘waters of the Alexander Archipelago’’ means all waters under
the sovereignty of the United States within or near Southeast
Alaska, beginning at a point 58°11′41′′N, 136°39′25′′W [near
Cape Spencer Light], thence southeasterly along a line three
nautical miles seaward of the baseline from which the breadth
of the territorial sea is measured in the Pacific Ocean and
the Dixon Entrance, except where this line intersects geodesics
connecting the following five pairs of points:
(1) 58°05′17′′N, 136°33′49′′W and 58°11′41′′N,
136°39′25′′W [Cross Sound].
(2) 56°09′40′′N, 134°40′00′′W and 55°49′15′′N,
134°17′40′′W [Chatham Strait].
(3) 55°49′15′′N, 134°17′40′′W and 55°50′30′′N,
133°54′15′′W [Sumner Strait].
(4) 54°41′30′′N, 132°01′00′′W and 54°51′′30′′N,
131°20′45′′W [Clarence Strait].
(5) 54°51′30′′N, 131°20′45′′W and 54°46′15′′N,
130°52′00′′W [Revillagigedo Channel].
The portion of each such geodesic situated beyond three nautical
miles from the baseline from which the breadth of the territorial
sea is measured forms the outer limit of the waters of the Alexander
Archipelago in those five locations.

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114 STAT. 2763A–324

PUBLIC LAW 106–554—APPENDIX D

TITLE XV—LIFE ACT AMENDMENTS
SEC. 1501. SHORT TITLE.

This title may be cited as the ‘‘LIFE Act Amendments of 2000’’.
SEC. 1502. SUBSTITUTION OF ALTERNATIVE ADJUSTMENT PROVISION.

(a) EXTENDED APPLICATION OF SECTION 245(i).—
(1) IN GENERAL.—Paragraph (1) of section 245(i) of the
Immigration and Nationality Act (8 U.S.C. 1255(i)) is
amended—
(A) in subparagraph (A), by striking ‘‘and’’ at the end;
(B) in subparagraph (B)(i), by striking ‘‘January 14,
1998’’ and inserting ‘‘April 30, 2001’’;
(C) in subparagraph (B), by adding ‘‘and’’ at the end;
and
(D) by inserting after subparagraph (B) the following
new subparagraph:
‘‘(C) who, in the case of a beneficiary of a petition for
classification, or an application for labor certification, described
in subparagraph (B) that was filed after January 14, 1998,
is physically present in the United States on the date of the
enactment of the LIFE Act Amendments of 2000;’’.
(2) MODIFICATION IN USE OF FUNDS.—Paragraph (3)(B) of
such section is amended by inserting before the period the
following: ‘‘, except that in the case of fees attributable to
applications for a beneficiary with respect to whom a petition
for classification, or an application for labor certification,
described in paragraph (1)(B) was filed after January 14, 1998,
one-half of such remaining portion shall be deposited by the
Attorney General into the Immigration Examinations Fee
Account established under section 286(m)’’.
(b) CONFORMING AMENDMENTS.—
(1) Subsection (m) of section 245 of the Immigration and
Nationality Act, as added by section 1102(c) of the Legal
Immigration Family Equity Act, is repealed.
(2) Section 245 of the Immigration and Nationality Act,
as amended by section 1102(d)(2) of the Legal Immigration
Family Equity Act, is amended by striking ‘‘or (m)’’ each place
it appears.
SEC. 1503. MODIFICATION OF SECTION 1104 ADJUSTMENT PROVISIONS.

(a) INCLUSION OF ADDITIONAL CLASS.—Section 1104(b) of the
Legal Immigration Family Equity Act is amended—
(1) in paragraph (1), by striking ‘‘or’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) Zambrano v. INS, vacated sub nom. Immigration and
Naturalization Service v. Zambrano, 509 U.S. 918 (1993).’’.
(b) CONFORMING APPLICATION OF CONSENT PROVISION.—Section
1104(c) of the Legal Immigration Family Equity Act is amended
by adding at the end the following new paragraph:
‘‘(10) CONFORMING APPLICATION OF CONSENT PROVISION.—
In addition to the waivers provided in subsection (d)(2) of
such section 245A of the Immigration and Nationality Act,
the Attorney General may grant the alien a waiver of the
grounds of inadmissibility under subparagraphs (A) and (C)

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–325

of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In granting
such waivers, the Attorney General shall use standards used
in granting consent under subparagraphs (A)(iii) and (C)(ii)
of such section.’’.
(c) INAPPLICABILITY OF REMOVAL ORDER REINSTATEMENT.—Section 1104 of such Act is further amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f ) the following new subsection:
‘‘(g) INAPPLICABILITY OF REMOVAL ORDER REINSTATEMENT.—
Section 241(a)(5) of the Immigration and Nationality Act shall
not apply with respect to an alien who is applying for adjustment
of status under this section.’’.
SEC. 1504. APPLICATION OF FAMILY UNITY PROVISIONS TO SPOUSES
AND UNMARRIED CHILDREN OF CERTAIN LIFE ACT
BENEFICIARIES.

(a) IMMIGRATION BENEFITS.—Except as provided in subsection
(d), in the case of an eligible spouse or child (as described in
subsection (b)), the Attorney General—
(1) shall not remove the alien on a ground specified in
paragraph (1)(A), (1)(B), (1)(C), or (3)(A) of section 237(a) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)), other
than so much of paragraph (1)(A) of such section as relates
to a ground of inadmissibility described in paragraph (2) or
(3) of section 212(a) of such Act (8 U.S.C. 1182(a)); and
(2) shall authorize the alien to engage in employment in
the United States during the period of time in which protection
is provided under paragraph (1) and shall provide the alien
with an ‘‘employment authorized’’ endorsement or other appropriate document signifying authorization of employment.
(b) ELIGIBLE SPOUSES AND CHILDREN.—For purposes of this
section, the term ‘‘eligible spouse or child’’ means an alien who
is the spouse or unmarried child of an alien described in section
1104(b) of the Legal Immigration Family Equity Act if the spouse
or child—
(1) entered the United States before December 1, 1988;
and
(2) resided in the United States on such date.
(c) PROCESS FOR RELIEF FOR ELIGIBLE SPOUSES AND CHILDREN
OUTSIDE THE UNITED STATES.—If an alien has obtained lawful
permanent resident status under section 1104 of the Legal Immigration Family Equity Act and the alien has an eligible spouse or
child who is no longer physically present in the United States,
the Attorney General shall establish a process under which the
eligible spouse or child may be paroled into the United States
in order to obtain the benefits of subsection (a) unless the Attorney
General finds that the spouse or child would be inadmissible or
deportable on any ground, other than a ground for which the
alien would not be subject to removal under subsection (a)(1). An
alien so paroled shall not be treated as paroled into the United
States for purposes of section 201(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(c)(4)).
(d) EXCEPTION.—An alien is not eligible for the benefits of
this section if the Attorney General finds that—
(1) the alien has been convicted of a felony or three or
more misdemeanors in the United States; or

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114 STAT. 2763A–326

PUBLIC LAW 106–554—APPENDIX D

(2) the alien is described in section 241(b)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
(e) APPLICATION OF DEFINITIONS.—Except as otherwise specifically provided in this section, the definitions contained in the
Immigration and Nationality Act shall apply in the administration
of this section.
SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS ADJUSTMENT
AND RELIEF ACTS.

(a) NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF
ACT.—
(1) IN GENERAL.—Section 202(a) of the Nicaraguan Adjustment and Central American Relief Act is amended—
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) RULES IN APPLYING CERTAIN PROVISIONS.—In the case
of an alien described in subsection (b) or (d) who is applying
for adjustment of status under this section—
‘‘(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply; and
‘‘(B) the Attorney General may grant the alien a waiver
on the grounds of inadmissibility under subparagraphs (A)
and (C) of section 212(a)(9) of such Act.
In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).’’.
(2) PERMITTING MOTION TO REOPEN.—Notwithstanding any
time and number limitations imposed by law on motions to
reopen exclusion, removal, or deportation proceedings (except
limitations premised on an alien’s conviction of an aggravated
felony (as defined by section 101(a) of the Immigration and
Nationality Act)), a national of Cuba or Nicaragua who has
become eligible for adjustment of status under the Nicaraguan
Adjustment and Central American Relief Act as a result of
the amendments made by paragraph (1), may file one motion
to reopen exclusion, deportation, or removal proceedings to
apply for such adjustment under that Act. The scope of any
proceeding reopened on this basis shall be limited to a determination of the alien’s eligibility for adjustment of status under
that Act. All such motions shall be filed within 180 days of
the date of the enactment of this Act.
(b) HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.—
(1) INAPPLICABILITY OF CERTAIN PROVISIONS.—Section
902(a) of the Haitian Refugee Immigration Fairness Act of
1998 is amended—
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) INAPPLICABILITY OF CERTAIN PROVISIONS.—In the case
of an alien described in subsection (b) or (d) who is applying
for adjustment of status under this section—
‘‘(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply; and

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–327

‘‘(B) the Attorney General may grant the alien a waiver
on the grounds of inadmissibility under subparagraphs (A)
and (C) of section 212(a)(9) of such Act.
In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).’’.
(2) PERMITTING MOTION TO REOPEN.—Notwithstanding any
time and number limitations imposed by law on motions to
reopen exclusion, removal, or deportation proceedings (except
limitations premised on an alien’s conviction of an aggravated
felony (as defined by section 101(a) of the Immigration and
Nationality Act)), a national of Haiti who has become eligible
for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998 as a result of the amendments made
by paragraph (1), may file one motion to reopen exclusion,
deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened
on this basis shall be limited to a determination of the alien’s
eligibility for adjustment of status under that Act. All such
motions shall be filed within 180 days of the date of the enactment of this Act.
(c) SECTION 309 OF IIRIRA.—Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended
by adding at the end the following new subsection:
‘‘(h) RELIEF AND MOTIONS TO REOPEN.—
‘‘(1) RELIEF.—An alien described in subsection (c)(5)(C)(i)
who is otherwise eligible for—
‘‘(A) suspension of deportation pursuant to section
244(a) of the Immigration and Nationality Act, as in effect
before the title III–A effective date; or
‘‘(B) cancellation of removal, pursuant to section
240A(b) of the Immigration and Nationality Act and subsection (f ) of this section;
shall not be barred from applying for such relief by operation
of section 241(a)(5) of the Immigration and Nationality Act,
as in effect after the title III–A effective date.
‘‘(2) ADDITIONAL MOTION TO REOPEN PERMITTED.—Notwithstanding any limitation imposed by law on motions to reopen
removal or deportation proceedings (except limitations premised
on an alien’s conviction of an aggravated felony (as defined
by section 101(a) of the Immigration and Nationality Act)),
any alien who is described in subsection (c)(5)(C)(i) and who
has become eligible for cancellation of removal or suspension
of deportation as a result of the enactment of paragraph (1)
may file one motion to reopen removal or deportation proceedings in order to apply for cancellation of removal or suspension
of deportation. The scope of any proceeding reopened on this
basis shall be limited to a determination of the alien’s eligibility
for cancellation of removal or suspension of deportation. The
Attorney General shall designate a specific time period in which
all such motions to reopen are required to be filed. The period
shall begin not later than 60 days after the date of the enactment of this subsection and shall extend for a period not to
exceed 240 days.
‘‘(3) CONSTRUCTION.—Nothing in this subsection shall preclude an alien from filing a motion to reopen pursuant to
section 240(b)(5)(C)(ii) of the Immigration and Nationality Act,

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PUBLIC LAW 106–554—APPENDIX D

or section 242B(c)(3)(B) of such Act (as in effect before the
title III–A effective date).’’.
SEC. 1506. EFFECTIVE DATE.

This title shall take effect as if included in the enactment
of the Legal Immigration Family Equity Act.
TITLE XVI—IMPROVING LITERACY THROUGH FAMILY
LITERACY PROJECTS
SEC. 1601. SHORT TITLE.

This title may be cited as the ‘‘Literacy Involves Families
Together Act’’.
SEC. 1602. AUTHORIZATION OF APPROPRIATIONS.

Section 1002(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6302(b)) is amended by striking
‘‘$118,000,000 for fiscal year 1995’’ and inserting ‘‘$250,000,000
for fiscal year 2001’’.
SEC. 1603. IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

Section 1111(c) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(c)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services
(using funds under this part), if the agency or school determines
that a substantial number of students served under this part
by the agency or school have parents who do not have a high
school diploma or its recognized equivalent or who have low
levels of literacy.’’.
SEC. 1604. EVEN START FAMILY LITERACY PROGRAMS.

(a) PART HEADING.—The part heading for part B of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6361 et seq.) is amended to read as follows:

‘‘PART B—WILLIAM F. GOODLING EVEN START
FAMILY LITERACY PROGRAMS’’.
(b) STATEMENT OF PURPOSE.—Section 1201 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6361) is amended—
(1) in paragraph (1), by inserting ‘‘high quality’’ after ‘‘build
on’’; and
(2) by amending paragraph (2) to read as follows:
‘‘(2) promote the academic achievement of children and
adults;’’;
(3) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(4) use instructional programs based on scientifically based
reading research (as defined in section 2252) and the prevention

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PUBLIC LAW 106–554—APPENDIX D

114 STAT. 2763A–329

of reading difficulties for children and adults, to the extent
such research is available.’’.
(c) PROGRAM AUTHORIZED.—
(1) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS,
AND INDIAN TRIBES.—Section 1202(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6362(a)) is
amended—
(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘(or, if such appropriated amount
exceeds $200,000,000, 6 percent of such amount)’’ after
‘‘1002(b)’’;
(B) in paragraph (2), by striking ‘‘If the amount of
funds made available under this subsection exceeds
$4,600,000,’’ and inserting ‘‘After the date of the enactment
of the Literacy Involves Families Together Act,’’; and
(C) by adding at the end the following:
‘‘(3) COORDINATION OF PROGRAMS FOR AMERICAN INDIANS.—
The Secretary shall ensure that programs under paragraph
(1)(C) are coordinated with family literacy programs operated
by the Bureau of Indian Affairs in order to avoid duplication
and to encourage the dissemination of information on high
quality family literacy programs serving American Indians.’’.
(2) RESERVATION FOR FEDERAL ACTIVITIES.—Section 1202(b)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6362(b)) is amended to read as follows:
‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—
‘‘(1) EVALUATION, TECHNICAL ASSISTANCE, PROGRAM
IMPROVEMENT, AND REPLICATION ACTIVITIES.—From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than 3 percent of such amounts for purposes of—
‘‘(A) carrying out the evaluation required by section
1209; and
‘‘(B) providing, through grants or contracts with eligible
organizations, technical assistance, program improvement,
and replication activities.
‘‘(2) RESEARCH.—In the case of fiscal years 2001 through
2004, if the amount appropriated under section 1002(b) for
any of such years—
‘‘(A) is equal to or less than the amounts appropriated
for the preceding fiscal year, the Secretary may reserve
from such amount only the amount necessary to continue
multiyear activities carried out pursuant to section 1211(b)
that began during or prior to the preceding fiscal year;
or
‘‘(B) exceeds the amount appropriated for the preceding
fiscal year, the Secretary shall reserve from such excess
amount $2,000,000 or 50 percent, whichever is less, to
carry out section 1211(b).’’.
(d) RESERVATION FOR GRANTS.—Section 1202(c)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6362(c)(1)) is amended—
(1) by striking ‘‘From funds reserved under section
2260(b)(3), the Secretary shall award grants,’’ and inserting
‘‘For any fiscal year for which at least one State applies and
submits an application that meets the requirements and goals
of this subsection and for which the amount appropriated under
section 1002(b) exceeds the amount appropriated under such

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PUBLIC LAW 106–554—APPENDIX D

section for the preceding fiscal year, the Secretary shall reserve,
from the amount of such excess remaining after the application
of subsection (b)(2), the amount of such remainder or
$1,000,000, whichever is less, to award grants,’’; and
(2) by adding at the end ‘‘No State may receive more
than one grant under this subsection.’’.
(e) ALLOCATIONS.—Section 1202(d)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6362(d)(2)) is amended
by striking ‘‘that section’’ and inserting ‘‘that part’’.
(f ) STATE LEVEL ACTIVITIES.—Section 1203(a) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6363(a)) is
amended—
(1) by striking ‘‘5 percent’’ and inserting ‘‘a total of 6
percent’’; and
(2) in paragraph (1), by inserting before the semicolon
the following: ‘‘, not to exceed half of such total’’.
(g) SUBGRANTS FOR LOCAL PROGRAMS.—Section 1203(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6363(b)(2)) is amended to read as follows:
‘‘(2) MINIMUM SUBGRANT AMOUNTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), no State shall award a subgrant under
paragraph (1) in an amount less than $75,000.
‘‘(B) SUBGRANTEES IN NINTH AND SUCCEEDING YEARS.—
No State shall award a subgrant under paragraph (1) in
an amount less than $52,500 to an eligible entity for a
fiscal year to carry out an Even Start program that is
receiving assistance under this part or its predecessor
authority for the ninth (or any subsequent) fiscal year.
‘‘(C) EXCEPTION FOR SINGLE SUBGRANT.—A State may
award one subgrant in each fiscal year of sufficient size,
scope, and quality to be effective in an amount less than
$75,000 if, after awarding subgrants under paragraph (1)
for such fiscal year in accordance with subparagraphs (A)
and (B), less than $75,000 is available to the State to
award such subgrants.’’.
(h) USES OF FUNDS.—Section 1204 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6364) is amended—
(1) in subsection (a), by striking ‘‘family-centered education
programs’’ and inserting ‘‘family literacy services’’; and
(2) by adding at the end the following:
‘‘(c) USE OF FUNDS FOR FAMILY LITERACY SERVICES.—
‘‘(1) IN GENERAL.—From funds reserved under section
1203(a), a State may use a portion of such funds to assist
eligible entities receiving a subgrant under section 1203(b) in
improving the quality of family literacy services provided under
Even Start programs under this part, except that in no case
may a State’s use of funds for this purpose for a fiscal year
result in a decrease from the level of activities and services
provided to program participants in the preceding year.
‘‘(2) PRIORITY.—In carrying out paragraph (1), a State shall
give priority to programs that were of low quality, as evaluated
based on the indicators of program quality developed by the
State under section 1210.
‘‘(3) TECHNICAL ASSISTANCE TO HELP LOCAL PROGRAMS RAISE
ADDITIONAL FUNDS.—In carrying out paragraph (1), a State
may use the funds referred to in such paragraph to provide

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