\ publaw \ Pub. L. 106-113 Consolidated Appropriations for the Fiscal Year Ending September 30, 2000, and for Other Purposes.
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Pub. L. 106-113
Consolidated Appropriations for the Fiscal Year Ending September 30, 2000, and for Other Purposes.
November 29, 1999
113 Stat. 1501
Making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for
the serveral departments, agencies, corporations and other organizational units of the Government for the fiscal year 2000, and for other purposes, namely:
DISTRICT OF COLUMBIA APPROPRIATIONS
TITLE I--FISCAL YEAR 2000 APPROPRIATIONS
Sections pertaining to the Immigration and Naturalization Service are contained in
Division B, Section
TITLE II--TAX REDUCTION
SEC. 201. COMMENDING REDUCTION OF TAXES BY DISTRICT OF COLUMBIA. The Congress commends the District of Columbia for its action to reduce taxes, and ratifies D.C. Act 13-110 (commonly known as the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999).
SEC. 202. RULE OF CONSTRUCTION. Nothing in this title may be construed to limit the ability of the Council of the District of Columbia to amend or repeal any provision of law described in this title.
SEC. 1000. (a) The provisions of the following bills are hereby enacted into law:
(1) H.R. 3421 of the 106th Congress, as introduced on November 17, 1999;
(2) H.R. 3422 of the 106th Congress, as introduced on November 17, 1999;
(3) H.R. 3423 of the 106th Congress, as introduced on November 17, 1999;
(4) H.R. 3424 of the 106th Congress, as introduced on November 17, 1999;
(5) H.R. 3425 of the 106th Congress, as introduced on November 17, 1999;
(6) H.R. 3426 of the 106th Congress, as introduced on November 17, 1999;
(7) H.R. 3427 of the 106th Congress, as introduced on November 17, 1999, except that subsection (c) of section 912 of H.R. 3427 shall be deemed to read as follows:
(c) ADVANCE CONGRESSIONAL NOTIFICATION-
“(1) FISCAL YEAR 1998- Funds made available pursuant to section 911(a)(1) may be obligated and expended beginning on or after December 15, 1999:
, That the appropriate certification has been submitted to the appropriate congressional committees.
“(2) FISCAL YEARS 1999 AND 2000- Funds made available pursuant to paragraph (2) or (3) of section 911(a) may be obligated and expended only if the appropriate certification has been submitted to the appropriate congressional committees 30 days prior to the payment of the funds.”;
(8) H.R. 3428 of the 106th Congress, as introduced on November 17, 1999; and
(9) S. 1948 of the 106th Congress, as introduced on November 17, 1999.
(b) In publishing the 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.
SEC. 1001. PAYGO ADJUSTMENTS. (a) Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report No. 105-217, legislation enacted in this division by reference in the paragraphs after paragraph 4 of subsection 1000(a) 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 1
985 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, but shall be subject to subsection (b).
(b) The Director of the Office of Management and Budget shall not make any estimates of changes in direct spending outlays and receipts under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 for any fiscal year resulting from enactment of the legislation referenced in the paragraphs after paragraph 4 of subsection 1000(a) of this division.
(c) On January 3, 2000, the Director of the Office of Management and Budget shall change any balances of direct spending and receipts legislation for any fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 to zero.
For the INSERTS version of H.R. 3421, only portions relating to immigration are included. See
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2000, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department of Justice, $79,328,000, of which not to exceed $3,317,000 is for the Facilities Program 2000, to remain available until expended:
, That not to exceed 43 permanent positions and 44 full-time equivalent workyears and $8,136,000 shall be expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 1999:
, That not to exceed 41 permanent positions and 48 full-time equivalent workyears and $4,811,000 shall be expended for the Offices of Legislative Affairs and Public Affairs:
, That the latter two aforementioned offices may utilize non-reimbursable details of career employees within the caps described in the aforementioned proviso
, That the Attorney General is authorized to transfer, under such terms and conditions as the Attorney General shall specify, forfeited real or personal property of limited or marginal value, as such value is determined by guidelines established by the Attorney General, to a State or local government agency, or its designated contractor or transferee, for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety prog
, That any transfer under the preceding proviso shall not create or confer any private right of action in any person against the United States, and shall be treated as a reprogramming under section 605 of this Act.
Immigration and Naturalization Service
SALARIES AND EXPENSES
For expenses necessary for the administration and enforcement of the laws relating to immigration, naturalization, and alien registration, as follows:
ENFORCEMENT AND BORDER AFFAIRS
For salaries and expenses for the Border Patrol program, the detention and deportation program, the intelligence program, the investigations program, and the inspections program, including not to exceed $50,000 to meet unforeseen emergencies of a confidential character, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; purchase for police-type use (not to exceed 3,075 passenger motor vehicles, of which 2,266 are for replacement only), witho
ut regard to the general purchase price limitation for the current fiscal year, and hire of passenger motor vehicles; acquisition, lease, maintenance and operation of aircraft; research related to immigration enforcement; for protecting and maintaining the integrity of the borders of the United States including, without limitation, equipping, maintaining, and making improvements to the infrastructure; and for the care and housing of Federal detainees held in the joint Immigration and Naturalization Service
and United States Marshals Service's Buffalo Detention Facility, $1,107,429,000; of which not to exceed $10,000,000 shall be available for costs associated with the training program for basic officer training, and $5,000,000 is for payments or advances arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to immigration; of which not to exceed $5,000,000 is to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled illegal aliens; and of which not less than $18,510,000 shall be for the costs of conversion to narrowband communications and for the operations and maintenance of legacy Land Mobile Radio systems:
, That such amount shall be transferred to and administered by the Department of Justice Wireless Management Office:
, That none of the funds available to the Immigration and Naturalization Service shall be available to pay any employee overtime pay in an amount in excess of $30,000 during the calendar year beginning January 1, 2000:
, That uniforms may be purchased without regard to the general purchase price limitation for the current fiscal year:
, That none of the funds provided in this or any other Act shall be used for the continued operation of the San C
lemente and Temecula checkpoints unless the checkpoints are open and traffic is being checked on a continuous 24-hour basis.
CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND PROGRAM DIRECTION
For all programs of the Immigration and Naturalization Service not included under the heading `Enforcement and Border Affairs', $535,011,000, of which not to exceed $400,000 for research
shall remain available until expended:
, That not to exceed $5,000 shall be available for official reception and representation expenses:
, That the Attorney General may transfer any funds appropriated under this heading and the heading `Enforcement and Border Affairs' between said appropriations notwithstanding any percentage transfer limitations imposed under this appropriation Act and may direct such fees as are collected by the Immigration and Naturalization Service to the activities funded under this heading and the heading `Enforcement and Border Affairs' for performance of the functions for which the fees legally may be expended:
, That not to exceed 40 permanent positions and 40 full-time equivalent workyears and $4,150,000 shall be expended for the Offices of Legislative Affairs and Public Affairs:
, That the latter two aforementioned offices shall not be augmented by personnel details, temporary transfers of personnel on either a reimbursable or non-reimbursable basis, or any other type of formal or informal transfer or reimbursement of personnel or funds on either a temporary or long-term basis:
, That the number of positions filled through non-career appointment at the Immigration and Naturalization Service, for which funding is provided in this Act or is otherwise made available to the Immigration and Naturalization Service, shall not exceed four permanent positions and four full-time equivalent workyears:
, That none of the funds available to the Immigration and Naturalization Service shall be used to pay any employee overtime pay in an amount in excess of $30,000 during the calendar year beginning January 1, 2000:
, That funds may be used, without limitation, for equipping, maintaining, and making improvements to the infrastructure and the purchase of vehicles for police-type use within the limits of the Enforcement and Border Affairs appropriation
, That, notwithstanding any other provision of law, during fiscal year 2000, the Attorney General is authorized and directed to impose disciplinary action, including termination of employment, pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation, for any employee of the Immigration and Naturalization Service who violates policies and procedures set forth by the Department of Justice relative to the granting of citizenship or who willfully deceives the Congress o
r department leadership on any matter.
VIOLENT CRIME REDUCTION PROGRAMS
In addition, $1,267,225,000, for such purposes, to remain available until expended, to be derived from the Violent Crime Reduction Trust Fund:
, That the Attorney General may use the transfer authority provided under the heading `Citizenship and Ben
efits, Immigration Support and Program Direction' to provide funds to any program of the Immigration and Naturalization Service that heretofore has been funded by the Violent Crime Reduction Trust Fund.
For planning, construction, renovation, equipping, and maintenance of buildings and facilities necessary for the administration and enforcement of the laws relating to immigration, naturalization,
and alien registration, not otherwise provided for, $99,664,000, to remain available until expended:
, That no funds shall be available for the site acquisition, design, or construction of any Border Patrol checkpoint in the Tucson sector.
GENERAL PROVISIONS- DEPARTMENT OF JUSTICE
SEC. 117. Section 203(b)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)) is amended to read as follows:
(B)(i) Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii)(I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b), and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J)), in an area or
areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a), or the filing of an application for adjustment of status under section 245, by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including
time served in the status of an alien described in section 101(a)(15)(J)) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245.'.
SEC. 118. Section 286(q)(1)(A) of the Immigration and Nationality Act of 1953 (8 U.S.C. 1356(q)(1)(A)), as amended, is further amended—
(1) by striking clause (ii);
(2) by redesignating clause (iii) as (ii); and
(3) by striking `, until September 30, 2000,' in clause (iv) and redesignating that clause as (iii).
SEC. 119. Section 1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)) is amended—
(1) by striking paragraph (5);
(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(3) by adding a new paragraph (3), as follows:
(3) Of the sums remaining in the Fund in any particular fiscal year after compliance with paragraph (2), such sums as may be necessary shall be available for the United States Attorneys Offices to improve services for the benefit of crime victims in the Federal criminal justice system.'.
SEC. 120. Public Law 103-322, the Violent Crime Control and Law Enforcement Act of 1994, subtitle C, section 210304, Index to Facilitate Law Enforcement Exchange of DNA Identification Information (42 U.S.C. 14132), is amended as follows:
(1) in subsection (a)(2), by striking `and';
(2) in subsection (a)(3), by striking the period and inserting `; and' after `remains'; and
(3) by adding after subsection (a)(3) the following new subsection:
`(4) analyses of DNA samples voluntarily contributed from relatives of missing persons.'.
SEC. 121. (a) Subsection (b)(1) of section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended by inserting after `such facts or circumstances' the following: `to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report'.
(b) Subsection (b)(2) of that section is amended by striking `made' and inserting `forwarded'.
This title may be cited as the `Department of Justice Appropriations Act, 2000'.
For the INSERTS version of H.R. 3425, only portions relating to immigration are included. See sec
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. GRANT OF NATURALIZATION TO PETRA LOVETINSKA. (a) IN GENERAL- Notwithstanding any other provision of law, Petra Lovetinska shall be naturalized as a citizen of the United States upon the filing of the appropriate application and upon being administered the oath of renunciation and allegiance in an appropriate ceremony pursuant to section 337 of the Immigration and Nationality Act.
(b) DEADLINE FOR APPLICATION AND PAYMENT OF FEES- Subsection (a) shall apply only if the application for naturalization is filed with appropriate fees within 1 year after the date of the enactment of this Act.
SEC. 702. TRADE ADJUSTMENT ASSISTANCE. (a) ASSISTANCE FOR WORKERS- Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended—
(1) in subsection (a), by striking `June 30, 1999' and inserting `September 30, 2001'; and
(2) in subsection (b), by striking `June 30, 1999' and inserting `September 30, 2001'.
(b) NAFTA TRANSITIONAL PROGRAM- Section 250(d)(2) of the Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking `the period beginning October 1, 1998, and ending June 30, 1999, shall not exceed $15,000,000' and inserting `the period beginning October 1, 1998, and ending September 30, 2001, shall not exceed $30,000,000 for any fiscal year'.
(c) ADJUSTMENT FOR FIRMS- Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking `June 30, 1999' and inserting `September 30, 2001'.
(d) TERMINATION- Section 285(c) of the Trade Act of 1974 (19 U.S.C. 2271 note preceding) is amended by striking `June 30, 1999' each place it appears and inserting `September 30, 2001'.
(e) EFFECTIVE DATE- The amendments made by this section shall be effective as of July 1, 1999.
For the INSERTS version of H.R. 3427, only portions relating to immigration are included.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle B--Consular Authorities
Fees relating to affidavits of support
Deaths and estates of United States citizens
Duties of consular officers regarding major
disasters and incidents abroad affecting United States citizens.
Issuance of passports for children under age 14.
Processing of visa applications.
Feasibility study on further passport
restrictions on individuals in arrears on child support.
United States policy regarding the involuntary
return of refugees.
Guidelines for refugee processing posts.
Gender-related persecution task force.
Eligibility for refugee status.
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
Denial of entry into United States of foreign
nationals engaged in establishment or enforcement of forced abortion or sterilization policy.
NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.
(a) IN GENERAL- Whenever a United States citizen or national dies abroad, a consular officer shall endeavor to notify, or assist the Secretary of State in notifying, the next of kin or legal guardian as soon as possible, except that, in the case of death of any Peace Corps volunteer (within the meaning of section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), any member of the Armed Forces, any dependent of such a volunteer or member, or any Department of Defense employee, the consular officer shall assis
t the Peace Corps or the appropriate military authorities, as the case may be, in making such notifications.
. CONSERVATION AND DISPOSITION OF ESTATES
(a) CONSERVATION OF ESTATES ABROAD-
(1) AUTHORITY TO ACT AS CONSERVATOR- Whenever a United States citizen or national dies abroad, a consular officer shall act as the provisional conservator of the portion of the decedent's estate located abroad and, subject to paragraphs (3), (4), and (5), shall--
(A) take possession of the personal effects of the decedent within his jurisdiction;
(B) inventory and appraise the personal effects of the decedent, sign the inventory, and annex thereto a certificate as to the accuracy of the inventory and appraised value of each article;
(C) when appropriate in the exercise of prudent administration, collect the debts due to the decedent in the officer's jurisdiction and pay from the estate the obligations owed by the decedent;
(D) sell or dispose of, as appropriate, in the exercise of prudent administration, all perishable items of property;
(E) sell, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, such additional items of property as necessary to provide funds sufficient to pay the decedent's debts and property taxes in the country of death, funeral expenses, and other expenses incident to the disposition of the estate;
(F) upon the expiration of the one-year period beginning on the date of death (or after such additional period as may be required for final settlement of the estate), if no claimant shall have appeared, after reasonable public notice and notice to such next of kin as can be ascertained with reasonable diligence, sell or dispose of the residue of the personal estate, except as provided in subparagraph (G), in the same manner as United States Government-owned foreign excess property;
(G) transmit to the custody of the Secretary of State in Washington, D.C. the proceeds of any sales, together with all financial instruments (including bonds, shares of stock, and notes of indebtedness), jewelry, heirlooms, and other articles of obvious sentimental value, to be held in trust for the legal claimant; and
(H) in the event that the decedent's estate includes an interest in real property located within the jurisdiction of the officer and such interest does not devolve by the applicable laws of intestate succession or otherwise, provide for title to the property to be conveyed to the Government of the United States unless the Secretary declines to accept such conveyance.
(2) AUTHORITY TO ACT AS ADMINISTRATOR- Subject to paragraphs (3) and (4), a consular officer may act as administrator of an estate in exceptional circumstances if expressly authorized to do so by the Secretary of State.
(3) EXCEPTIONS- The responsibilities described in paragraphs (1) and (2) may not be performed to the extent that the decedent has left or there is otherwise appointed, in the country where the death occurred or where the decedent was domiciled, a legal representative, partner in trade, or trustee appointed to take care of his personal estate. If the decedent's legal representative shall appear at any time prior to transmission of the estate to the Secretary and demand the proceeds and effects being held by
the consular officer, the officer shall deliver them to the representative after having collected any prescribed fee for the services performed under this section.
(4) ADDITIONAL REQUIREMENT- In addition to being subject to the limitations in paragraph (3), the responsibilities described in paragraphs (1) and (2) may not be performed unless--
(A) authorized by treaty provisions or permitted by the laws or authorities of the country wherein the death occurs, or the decedent is domiciled; or
(B) permitted by established usage in that country.
(5) STATUTORY CONSTRUCTION- Nothing in this section supersedes or otherwise affects the authority of any military commander under title 10 of the United States Code with respect to the person or property of any decedent who died while under a military command or jurisdiction or the authority of the Peace Corps with respect to a Peace Corps volunteer or the volunteer's property.
(b) DISPOSITION OF ESTATES BY THE SECRETARY OF STATE-
(1) PERSONAL ESTATES-
(A) IN GENERAL- After receipt of a personal estate pursuant to subsection (a), the Secretary may seek payment of all outstanding debts to the estate as they become due, may receive any balances due on such estate, may endorse all checks, bills of exchange, promissory notes, and other instruments of indebtedness payable to the estate for the benefit thereof, and may take such other action as is reasonably necessary for the conservation of the estate.
(B) DISPOSITION AS SURPLUS UNITED STATES PROPERTY- If, upon the expiration of a period of 5 fiscal years beginning on October 1 after a consular officer takes possession of a personal estate under subsection (a), no legal claimant for such estate has appeared, title to the estate shall be conveyed to the United States, the property in the estate shall be under the custody of the Department of State, and the Secretary shall dispose of the estate in the same manner as surplus United States Government-owned pr
operty is disposed or by such means as may be appropriate in light of the nature and value of the property involved. The expenses of sales shall be paid from the estate, and any lawful claim received thereafter shall be payable to the extent of the value of the net proceeds of the estate as a refund from the appropriate Treasury appropriations account.
(C) TRANSFER OF PROCEEDS- The net cash estate after disposition as provided in subparagraph (B) shall be transferred to the miscellaneous receipts account of the Treasury of the United States.
(2) REAL PROPERTY-
(A) DESIGNATION AS EXCESS PROPERTY- In the event that title to real property is conveyed to the Government of the United States pursuant to subsection (a)(1)(H) and is not required by the Department of State, such property shall be considered foreign excess property under title IV of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 511 et seq.).
(B) TREATMENT AS GIFT- In the event that the Department requires such property, the Secretary of State shall treat such property as if it were an unconditional gift accepted on behalf of the Department of State under section 25 of this Act and section 9(a)(3) of the Foreign Service Buildings Act of 1926.
(c) LOSSES IN CONNECTION WITH THE CONSERVATION OF ESTATES-
(1) AUTHORITY TO COMPENSATE- The Secretary is authorized to compensate the estate of any United States citizen who has died overseas for property--
(A) the conservation of which has been undertaken under section 43 or subsection (a) of this section; and
(B) that has been lost, stolen, or destroyed while in the custody of officers or employees of the Department of State.
(A) EXCLUSION OF PERSONAL LIABILITY AFTER PROVISION OF COMPENSATION- Any such compensation shall be in lieu of personal liability of officers or employees of the Department of State.
(B) LIABILITY TO THE DEPARTMENT- An officer or employee of the Department of State may be liable to the Department of State to the extent of any compensation provided under paragraph (1).
(C) DETERMINATIONS OF LIABILITY- The liability of any officer or employee of the Department of State to the Department for any payment made under subsection (a) shall be determined pursuant to the Department's procedures for determining accountability for United States Government property.
(d) REGULATIONS- The Secretary of State may prescribe such regulations as may be necessary to carry out this section.'.
(c) EFFECTIVE DATE- The repeal and amendment made by this section shall take effect six months after the date of enactment of this Act.
MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 note) is amended--
(1) in paragraph (3) by amending the first sentence to read as follows: 'For each of the fiscal years 2000, 2001, and 2002, any amount collected under paragraph (1) that exceeds $316,715,000 for fiscal year 2000, $316,715,000 for fiscal year 2001, and $316,715,000 for fiscal year 2002 may be made available only if a notification is submitted to Congress in accordance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956.'; and
(2) by striking paragraphs (4) and (5).
FEES RELATING TO AFFIDAVITS OF SUPPORT.
(a) AUTHORITY TO CHARGE FEE- The Secretary of State may charge and retain a fee or surcharge for services provided by the Department of State to any sponsor who provides an affidavit of support under section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a) to ensure that such affidavit is properly completed before it is forwarded to a consular post for adjudication by a consular officer in connection with the adjudication of an immigrant visa. Such fee or surcharge shall be in addition to and se
parate from any fee imposed for immigrant visa application processing and issuance, and shall recover only the costs of such services not recovered by such fee.
(b) LIMITATION- Any fee established under subsection (a) shall be charged only once to a sponsor or joint sponsors who file essentially duplicative affidavits of support in connection with separate immigrant visa applications from the spouse and children of any petitioner required by the Immigration and Nationality Act to petition separately for such persons.
(c) TREATMENT OF FEES- Fees collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of providing consular services.
(d) COMPLIANCE WITH BUDGET ACT- Fees collected under the authority of subsection (a) shall be available only to such extent or in such amounts as are provided in advance in an appropriation.
(a) APPLICATIONS- Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214), is amended--
(1) in the first sentence
(A) by striking `each passport issued' and inserting `the filing of each application for a passport (including the cost of passport issuance and use)'; and
(B) by striking `each application for a passport;' and inserting `each such application'; and
(2) by adding after the first sentence the following new sentence: `Such fees shall not be refundable, except as the Secretary may by regulation prescribe.'.
(b) REPEAL OF OUTDATED PROVISION ON PASSPORT FEES- Section 4 of the Passport Act of June 4, 1920 (22 U.S.C. 216) is repealed.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of issuance of final regulations under section 1 of the Passport Act of June 4, 1920, as amended by subsection (a).
DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD.
(a) REPEAL- Section 1709 of the Revised Statutes (22 U.S.C. 4195) is repealed.
(b) AMENDMENT TO STATE DEPARTMENT BASIC AUTHORITIES ACT- The State Department Basic Authorities Act of 1956 is amended by inserting after section 43 (22 U.S.C. 2715) the following new sections:
SEC. 235. DUTIES OF CONSULAR OFFICERS REGARDING MAJOR DISASTERS AND INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.
Section 43 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2715) is amended--
(1) by inserting `(a) AUTHORITY- ' before `In';
(2) by striking `disposition of personal effects.' in the last sentence and inserting `disposition of personal estates pursuant to section 43B of this Act.'; and
(3) by adding at the end the following new subsection:
(b) DEFINITIONS- For purposes of this section and sections 43A and 43B, the term `consular officer' includes any United States citizen employee of the Department of State who is designated by the Secretary of State to perform consular services pursuant to such regulations as the Secretary may prescribe.'.
SEC. 236. ISSUANCE OF PASSPORTS FOR CHILDREN UNDER AGE 14.
(a) IN GENERAL-
(1) REGULATIONS- Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall issue regulations providing that before a child under the age of 14 years is issued a passport the requirements under paragraph (2) shall apply under penalty of perjury.
(A) Both parents, or the child's legal guardian, must execute the application and provide documentary evidence demonstrating that they are the parents or guardian; or
(B) the person executing the application must provide documentary evidence that such person--
(i) has sole custody of the child;
(ii) has the consent of the other parent to the issuance of the passport; or
(iii) is in loco parentis and has the consent of both parents, of a parent with sole custody over the child, or of the child's legal guardian, to the issuance of the passport.
(b) EXCEPTIONS- The regulations required by subsection (a) may provide for exceptions in exigent circumstances, such as those involving the health or welfare of the child, or when the Secretary determines that issuance of a passport is warranted by special family circumstances.
PROCESSING OF VISA APPLICATIONS.
(a) Policy.--It shall be the policy of the Department of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant K-1 visa applications of fiances of United States citizens within 30 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service. In the case of an immigrant visa application where the sponsor of such applicant is a relative other than an immediate relative, it should be the policy of the D
epartment of State to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service.
(b) Reports.--Not later than 180 days after the date of enactment of this Act, and not later than 1 year thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the extent to which the Department of State is meeting the policy standards under subsection (a). Each report shall be based on a survey of the 22 consular posts which account for approximately 72 percent of immigrant visas issued and, in addition, the consular posts in Guatemala City, Nicosia, Caracas
, Naples, and Jakarta. Each report should include data on the average time for processing each category of visa application under subsection (a), a list of the embassies and consular posts which do not meet the policy standards under subsection (a), the amount of funds collected worldwide for processing of visa applications during the most recent fiscal year, the estimated costs of processing such visa applications (based on the Department of State's most recent fee study), the steps being taken by the Depa
rtment of State to achieve such policy standards, and results achieved by the interagency working group charged with the goal of reducing the overall processing time for visa applications.
SEC. 238. FEASIBILITY STUDY ON FURTHER PASSPORT RESTRICTIONS ON INDIVIDUALS IN ARREARS ON CHILD SUPPORT.
(a) REPORT TO CONGRESS- Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate on the feasibility of decreasing the amount of an individual's arrearages of child support that would require the Secretary of State to refuse to issue a p
assport to such individual, or otherwise act with respect to such an individual, as provided under section 452(k) of the Social Security Act (42 U.S.C. 652(k)).
(b) CONTENTS OF REPORT- The report under subsection (a) shall include the following:
(1) The estimated cost to the Department of State of reducing the arrearage amount which would result in a refusal to issue a passport to $2,500 and, in addition, an amount between $5,000 and $2,500.
(2) A projection of the estimated benefits of reducing the amount to $2,500 (or an amount between $5,000 and $2,500), which shall include an estimate of the additional numbers of individuals who would be subject to denial, an estimate of the additional child support arrearages that would be received through such a reduction, and an estimate of the amount of child support that would be paid earlier than under current law (together with an estimate of how much earlier such amounts would be paid).
(3) Information regarding the number of individuals with child support arrearages over $2,500 and the average length of time it takes for individuals to reach $2,500 in arrearages.
(4) The methodology for the cost estimates and benefit projections described in paragraphs (1) and (2).
SEC. 251. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF REFUGEES.
(a) IN GENERAL- None of the funds made available by this Act or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, except on grounds recognized as precluding protection as a refugee under the United Nations Con
vention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate Resolution of Ratification.
(b) MIGRATION AND REFUGEE ASSISTANCE- None of the funds made available by this Act or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return of any person to any country unless the Secretary of State first notifies the appropriate congressional committees, except that in the case of an emergency involving a threat to human life the Secretary of State shall notify the appropriate congressional committees as soon as practicab
(c) INVOLUNTARY RETURN DEFINED- As used in this section, the term `to effect the involuntary return' means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person's will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent.
SEC. 252. HUMAN RIGHTS REPORTS.
Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is amended by inserting after the fourth sentence the following: `Each report under this section shall describe the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement.'.
SEC. 253. GUIDELINES FOR REFUGEE PROCESSING POSTS.
(a) GUIDELINES FOR ADDRESSING HOSTILE BIASES- Section 602(c)(1) of the International Religious Freedom Act of 1998 (Public Law 105-292; 112 Stat. 2812) is amended by inserting `and of the Department of State' after `Service'.
(b) GUIDELINES FOR OVERSEAS REFUGEE PROCESSING- Section 602(c) of such Act is further amended by adding at the end the following new paragraph:
(3) Not later than 120 days after the date of the enactment of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, the Secretary of State (after consultation with the Attorney General) shall issue guidelines to ensure that persons with potential biases against any refugee applicant, including persons employed by, or otherwise subject to influence by, governments known to be involved in persecution on account of religion, race, nationality, membership i
n a particular social group, or political opinion, shall not in any way be used in processing determinations of refugee status, including interpretation of conversations or examination of documents presented by such applicants.'.
SEC. 254. GENDER-RELATED PERSECUTION TASK FORCE.
(a) ESTABLISHMENT OF TASK FORCE- The Secretary of State, in consultation with the Attorney General and other appropriate Federal agencies, shall establish a task force with the goal of determining eligibility guidelines for women seeking refugee status overseas due to gender-related persecution.
(b) REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall prepare and submit to the Congress a report outlining the guidelines determined by the task force under subsection (a).
SEC. 255. ELIGIBILITY FOR REFUGEE STATUS.
(a) ELIGIBILITY FOR IN-COUNTRY REFUGEE PROCESSING IN VIETNAM- For purposes of eligibility for in-country refugee processing for nationals of Vietnam during fiscal years 2000 and 2001, an alien described in subsection (b) or (d) shall be considered to be a refugee of special humanitarian concern to the United States (within the meaning of section 207 of the Immigration and Nationality Act (8 USC 1157)) and shall be admitted to the United States for resettlement if the alien would be admissible as an immigran
t under the Immigration and Nationality Act (except as provided in section 207(c)(3) of that Act).
(b) ALIENS COVERED- An alien described in this subsection is an alien who--
(1) is the son or daughter of a qualified national;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the alien's parent for resettlement under the Orderly Departure Program or through the United States Consulate General in Ho Chi Minh City.
(c) QUALIFIED NATIONAL- The term `qualified national' in subsection (b)(1) means a national of Vietnam who--
(1)(A) was formerly interned in a re-education camp in Vietnam by the Government of the Socialist Republic of Vietnam; or
(B) is the widow or widower of an individual described in subparagraph (A);
(2)(A) qualified for refugee processing under the Orderly Departure Program re-education subprogram; and
(B) except as provided in subsection (d), on or after April 1, 1995, is or has been accepted under the Orderly Departure Program or through the United States Consulate General in Ho Chi Minh City--
(i) for resettlement as a refugee; or
(ii) for admission to the United States as an immediate relative immigrant; and
(3)(A) is presently maintaining a residence in the United States; or
(B) was approved for refugee resettlement or immigrant visa processing and is awaiting departure formalities from Vietnam.
(d) PREVIOUS DENIALS BASED ON LACK OF CO-RESIDENCY- An alien who is otherwise qualified under subsection (b) is eligible for admission for resettlement regardless of the date of acceptance of the alien's parent if the alien previously was denied refugee resettlement based solely on the fact that the alien was not listed continuously on the parent's residence permit.
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN NATIONALS ENGAGED IN ESTABLISHMENT OR ENFORCEMENT OF FORCED ABORTION OR STERILIZATION POLICY
(a) DENIAL OF ENTRY - Not withstanding any other provision of law, the Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any foreign national whom the Secretary finds, based on credible and specific information, to have been directly involved in the establishment or enforcement of population control policies forcing a woman to undergo an abortion against her free choice, or forcing a man or woman to undergo sterilization against his or her free choice
, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such policies.
(b) EXCEPTIONS - The prohibitions in subsection (a) shall not apply in the case of a foreign national who is a head of state, head of government, or cabinet level minister.
(c) WAIVER - The Secretary of State may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary --
(1) determines that it is important to the national interests of the United States to do so; and
(2) provides written notification to the appropriate congressional committees containing a justification for the waiver.
(a) Section 1422(b)(3)(B) of the Foreign Affairs Reform and Restructuring Act (as contained in division G of Public Law 105-277; 112 Stat. 2681-792) is amended by striking "divisionAct" and inserting "division".
(b) Section 1002(a) of the Foreign Affairs Reform and Restructuring Act (as contained in division G of Public Law 105-277; 112 Stat. 2681-762) is amended by striking paragraph (3).
(c) The Table of Contents of division G of Public Law 105-277 (112 Stat. 2681-762) is amended by striking "DIVISIONX" and inserting "division g".
(d) Section 305 of Public Law 97-446 (19 U.S.C. 2602 is amended in the first sentance by