H.R.4690 - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001106th Congress (1999-2000)
Bill
Hide Overview| Sponsor: | Rep. Rogers, Harold [R-KY-5] (Introduced 06/19/2000) |
|---|---|
| Committees: | House - Appropriations | Senate - Appropriations |
| Committee Reports: | S. Rept. 106-404; H. Rept. 106-680 |
| Latest Action: | Senate - 09/08/2000 By Senator Gregg from Committee on Appropriations filed written report. Report No. 106-404. (All Actions) |
| Roll Call Votes: | There have been 12 roll call votes |
| Notes: | H.R. 5548 is a subsequent Commerce Appropriations bill. The H.R. 4942 conference report contained H.R. 5547 - District of Columbia Appropriations and H.R. 5548 - Commerce Appropriations. H.R. 5633, a subsequent District of Columbia Appropriations bill, became Public Law 106-522. The DC appropriations were removed from H.R. 4942 in the H.R. 4577 conference report. |
Tracker:
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Introduced
- Passed House
Subject — Policy Area:
- Economics and Public Finance
- View subjects
Text: H.R.4690 — 106th Congress (1999-2000)All Information (Except Text)
Text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Shown Here:
Reported to Senate (07/21/2000)
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[H.R. 4690 Reported in Senate (RS)]
Calendar No. 703
106th CONGRESS
2d Session
H.R. 4690
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2000
Received; read twice and referred to the Committee on Appropriations
July 21, 2000
Reported by Mr. Gregg, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies 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,
<DELETED>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:</DELETED>
<DELETED>TITLE I--DEPARTMENT OF JUSTICE</DELETED>
<DELETED>General Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the administration of the
Department of Justice, $84,177,000, of which not to exceed $3,317,000
is for the Facilities Program 2000, to remain available until expended:
Provided, That not to exceed 43 permanent positions and 44 full-time
equivalent workyears and $8,136,000 shall be expended for the
Department Leadership Program exclusive of augmentation that occurred
in these offices in fiscal year 2000: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent workyears and
$4,811,000 shall be expended for the Offices of Legislative Affairs and
Public Affairs: Provided further, That the latter two aforementioned
offices may utilize non-reimbursable details of career employees within
the caps described in the aforementioned proviso: Provided further,
That the Attorney General is authorized to transfer, under such terms
and conditions as the Attorney General shall specify, forfeited real or
personal property of limited or marginal value, as such value is
determined by guidelines established by the Attorney General, to a
State or local government agency, or its designated contractor or
transferee, for use to support drug abuse treatment, drug and crime
prevention and education, housing, job skills, and other community-
based public health and safety programs: Provided further, That any
transfer under the preceding proviso shall not create or confer any
private right of action in any person against the United States, and
shall be treated as a reprogramming under section 605 of this
Act.</DELETED>
<DELETED>joint automated booking system</DELETED>
<DELETED> For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability to
transmit fingerprint and image data, $1,800,000, to remain available
until expended.</DELETED>
<DELETED>narrowband communications</DELETED>
<DELETED> For the costs of conversion to narrowband communications
as mandated by section 104 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 903(d)(1)),
including the cost for operation and maintenance of Land Mobile Radio
legacy systems, $177,445,000 (reduced by $82,000,000), to remain
available until expended.</DELETED>
<DELETED>counterterrorism fund</DELETED>
<DELETED> For necessary expenses, as determined by the Attorney
General, $10,000,000, to remain available until expended, to reimburse
any Department of Justice organization for: (1) the costs incurred in
reestablishing the operational capability of an office or facility
which has been damaged or destroyed as a result of any domestic or
international terrorist incident; and (2) the costs of providing
support to counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with these
activities: Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States: Provided further,
That funds provided under this paragraph shall be available only after
the Attorney General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with section 605
of this Act.</DELETED>
<DELETED>telecommunications carrier compliance fund</DELETED>
<DELETED> For payments authorized by section 109 of the
Communications Assistance for Law Enforcement Act (47 U.S.C. 1008),
$282,500,000 (reduced by $4,479,000), to remain available until
expended.</DELETED>
<DELETED>administrative review and appeals</DELETED>
<DELETED> For expenses necessary for the administration of pardon
and clemency petitions and immigration related activities,
$159,570,000.</DELETED>
<DELETED>detention trustee</DELETED>
<DELETED> For necessary expenses to establish a Federal Detention
Trustee who shall exercise all power and functions authorized by law
relating to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States Marshals
Service; and the detention of aliens in the custody of the Immigration
and Naturalization Service, $1,000,000: Provided, That the Trustee
shall be responsible for construction of detention facilities or for
housing related to such detention; the management of funds appropriated
to the Department for the exercise of any detention functions; and the
direction of the United States Marshals Service and Immigration and
Naturalization Service with respect to the exercise of detention policy
setting and operations for the Department.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $41,825,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without regard to the
general purchase price limitation for the current fiscal
year.</DELETED>
<DELETED>United States Parole Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the United States Parole
Commission as authorized by law, $8,855,000.</DELETED>
<DELETED>Legal Activities</DELETED>
<DELETED>salaries and expenses, general legal activities</DELETED>
<DELETED> For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including not to
exceed $20,000 for expenses of collecting evidence, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and rent of private or
Government-owned space in the District of Columbia, $523,228,000; of
which not to exceed $10,000,000 for litigation support contracts shall
remain available until expended: Provided, That of the funds available
in this appropriation, not to exceed $18,877,000 shall remain available
until expended for office automation systems for the legal divisions
covered by this appropriation, and for the United States Attorneys, the
Antitrust Division, the Executive Office for Immigration Review, the
Community Relations Service, and offices funded through ``Salaries and
Expenses'', General Administration: Provided further, That of the total
amount appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official reception
and representation expenses.</DELETED>
<DELETED> In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, as amended, not to
exceed $4,028,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.</DELETED>
<DELETED>salaries and expenses, antitrust division</DELETED>
<DELETED> For expenses necessary for the enforcement of antitrust
and kindred laws, $77,171,000: Provided, That, notwithstanding section
3302(b) of title 31, United States Code, not to exceed $77,171,000 of
offsetting collections derived from fees collected in fiscal year 2001
for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a) shall be retained
and used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2001, so as to result in a
final fiscal year 2001 appropriation from the general fund estimated at
not more than $0.</DELETED>
<DELETED>salaries and expenses, united states attorneys</DELETED>
<DELETED> For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,247,416,000; of which not to exceed $2,500,000 shall be available
until September 30, 2002, for: (1) training personnel in debt
collection; (2) locating debtors and their property; (3) paying the net
costs of selling property; and (4) tracking debts owed to the United
States Government: Provided, That of the total amount appropriated, not
to exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further,
That, in addition to reimbursable full-time equivalent workyears
available to the Offices of the United States Attorneys, not to exceed
9,381 positions and 9,529 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the United States
Attorneys.</DELETED>
<DELETED>united states trustee system fund</DELETED>
<DELETED> For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $126,242,000, to remain
available until expended and to be derived from the United States
Trustee System Fund: Provided, That, notwithstanding any other
provision of law, deposits to the Fund shall be available in such
amounts as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, $126,242,000
of offsetting collections collected pursuant to 28 U.S.C. 589a(b) shall
be retained and used for necessary expenses in this appropriation and
remain available until expended: Provided further, That the sum herein
appropriated from the Fund shall be reduced as such offsetting
collections are received during fiscal year 2001, so as to result in a
final fiscal year 2001 appropriation from the Fund estimated at
$0.</DELETED>
<DELETED>salaries and expenses, foreign claims settlement
commission</DELETED>
<DELETED> For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $1,000,000.</DELETED>
<DELETED>salaries and expenses, united states marshals
service</DELETED>
<DELETED> For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and operation
of vehicles, and the purchase of passenger motor vehicles for police-
type use, without regard to the general purchase price limitation for
the current fiscal year, $560,438,000, as authorized by 28 U.S.C.
561(i); of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to exceed
$4,000,000 for development, implementation, maintenance and support,
and training for an automated prisoner information system shall remain
available until expended: Provided, That, in addition to reimbursable
full-time equivalent workyears available to the United States Marshals
Service, not to exceed 4,168 positions and 3,892 full-time equivalent
workyears shall be supported from the funds appropriated in this Act
for the United States Marshals Service.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding space in
United States courthouses and Federal buildings, including the
renovation and expansion of prisoner movement areas, elevators, and
sallyports, $6,000,000, to remain available until expended.</DELETED>
<DELETED>justice prisoner and alien transportation system fund, united
states marshals service</DELETED>
<DELETED> Beginning in fiscal year 2000 and thereafter, payment
shall be made from the Justice Prisoner and Alien Transportation System
Fund for necessary expenses related to the scheduling and
transportation of United States prisoners and illegal and criminal
aliens in the custody of the United States Marshals Service, as
authorized in 18 U.S.C. 4013, including, without limitation, salaries
and expenses, operations, and the acquisition, lease, and maintenance
of aircraft and support facilities: Provided, That the Fund shall be
reimbursed or credited with advance payments from amounts available to
the Department of Justice, other Federal agencies, and other sources at
rates that will recover the expenses of Fund operations, including,
without limitation, accrual of annual leave and depreciation of plant
and equipment of the Fund: Provided further, That proceeds from the
disposal of Fund aircraft shall be credited to the Fund: Provided
further, That amounts in the Fund shall be available without fiscal
year limitation, and may be used for operating equipment lease
agreements that do not exceed 10 years.</DELETED>
<DELETED>federal prisoner detention</DELETED>
<DELETED> For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized in 18
U.S.C. 4013, but not including expenses otherwise provided for in
appropriations available to the Attorney General, $597,402,000, as
authorized by 28 U.S.C. 561(i), to remain available until expended:
Provided, That the United States Marshals Service may enter into multi-
year contracts with private entities for the confinement of Federal
prisoners: Provided further, That hereafter amounts appropriated for
Federal Prisoner Detention shall be available to reimburse the Federal
Bureau of Prisons for salaries and expenses of transporting, guarding
and providing medical care outside of Federal penal and correctional
institutions to prisoners awaiting trial or sentencing.</DELETED>
<DELETED>fees and expenses of witnesses</DELETED>
<DELETED> For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel expenses, and for
per diems in lieu of subsistence, as authorized by law, including
advances, $95,000,000, to remain available until expended; of which not
to exceed $6,000,000 may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of buildings, and the
purchase of equipment incident thereto, for protected witness
safesites; of which not to exceed $1,000,000 may be made available for
the purchase and maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $5,000,000 may be made
available for the purchase, installation, and maintenance of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.</DELETED>
<DELETED>salaries and expenses, community relations service</DELETED>
<DELETED> For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $7,479,000 and,
in addition, up to $1,000,000 of funds made available to the Department
of Justice in this Act may be transferred by the Attorney General to
this account: Provided, That notwithstanding any other provision of
law, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict prevention and
resolution activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.</DELETED>
<DELETED>assets forfeiture fund</DELETED>
<DELETED> For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000 (reduced by $23,000,000), to
be derived from the Department of Justice Assets Forfeiture
Fund.</DELETED>
<DELETED>Radiation Exposure Compensation</DELETED>
<DELETED>administrative expenses</DELETED>
<DELETED> For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.</DELETED>
<DELETED>payment to radiation exposure compensation trust
fund</DELETED>
<DELETED> For payments to the Radiation Exposure Compensation Trust
Fund, $3,200,000.</DELETED>
<DELETED>Interagency Law Enforcement</DELETED>
<DELETED>interagency crime and drug enforcement</DELETED>
<DELETED> For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime drug
trafficking not otherwise provided for, to include inter-governmental
agreements with State and local law enforcement agencies engaged in the
investigation and prosecution of individuals involved in organized
crime drug trafficking, $328,898,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures described in section 605
of this Act.</DELETED>
<DELETED>Federal Bureau of Investigation</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of crimes
against the United States; including purchase for police-type use of
not to exceed 1,236 passenger motor vehicles, of which 1,142 will be
for replacement only, without regard to the general purchase price
limitation for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of aircraft;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to
be accounted for solely under the certificate of, the Attorney General,
$3,229,505,000; of which not to exceed $50,000,000 for automated data
processing and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall remain
available until September 30, 2002; of which not less than $159,223,000
shall be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our national
security; of which not to exceed $10,000,000 is authorized to be made
available for making advances for expenses arising out of contractual
or reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to violent
crime, terrorism, organized crime, and drug investigations: Provided,
That not to exceed $45,000 shall be available for official reception
and representation expenses: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the Federal
Bureau of Investigation, not to exceed 25,384 positions and 25,049
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Federal Bureau of Investigation:
Provided further, That no funds in this Act may be used to provide
ballistics imaging equipment to any State or local authority which has
obtained similar equipment through a Federal grant or subsidy unless
the State or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects;
$1,287,000, to remain available until expended.</DELETED>
<DELETED>Drug Enforcement Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under the
direction of, and to be accounted for solely under the certificate of,
the Attorney General; expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items of token
value that promote the goals of such programs; purchase of not to
exceed 1,358 passenger motor vehicles, of which 1,079 will be for
replacement only, for police-type use without regard to the general
purchase price limitation for the current fiscal year; and acquisition,
lease, maintenance, and operation of aircraft, $1,362,309,000; of which
not to exceed $1,800,000 for research shall remain available until
expended, and of which not to exceed $4,000,000 for purchase of
evidence and payments for information, not to exceed $10,000,000 for
contracting for automated data processing and telecommunications
equipment, and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for aircraft
replacement retrofit and parts, shall remain available until September
30, 2002; of which not to exceed $50,000 shall be available for
official reception and representation expenses: Provided, That, in
addition to reimbursable full-time equivalent workyears available to
the Drug Enforcement Administration, not to exceed 7,484 positions and
7,394 full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement
Administration.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law (including
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects,
$5,500,000, to remain available until expended.</DELETED>
<DELETED>Immigration and Naturalization Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, as follows:</DELETED>
<DELETED>enforcement and border affairs</DELETED>
<DELETED> For salaries and expenses for the Border Patrol program,
the detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not to
exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 3,165 passenger motor vehicles, of which
2,211 are for replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention
Facility, $2,547,899,000; of which not to exceed $10,000,000 shall be
available for costs associated with the training program for basic
officer training, and $5,000,000 is for payments or advances arising
out of contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
immigration; of which not to exceed $5,000,000 is to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled illegal aliens: Provided,
That none of the funds available to the Immigration and Naturalization
Service shall be available to pay any employee overtime pay in an
amount in excess of $30,000 during the calendar year beginning January
1, 2001: Provided further, That uniforms may be purchased without
regard to the general purchase price limitation for the current fiscal
year: Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Immigration and Naturalization
Service, not to exceed 19,766 positions and 19,183 full-time equivalent
workyears shall be supported from the funds appropriated under this
heading in this Act for the Immigration and Naturalization Service:
Provided further, That none of the funds provided in this or any other
Act shall be used for the continued operation of the San Clemente and
Temecula checkpoints unless the checkpoints are open and traffic is
being checked on a continuous 24-hour basis.</DELETED>
<DELETED>citizenship and benefits, immigration support and program
direction</DELETED>
<DELETED> For all programs of the Immigration and Naturalization
Service not included under the heading ``Enforcement and Border
Affairs'', $573,314,000, of which not to exceed $400,000 for research
shall remain available until expended: Provided, That not to exceed
$5,000 shall be available for official reception and representation
expenses: Provided further, That the Attorney General may transfer any
funds appropriated under this heading and the heading ``Enforcement and
Border Affairs'' between said appropriations notwithstanding any
percentage transfer limitations imposed under this appropriation Act
and may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this heading and
the heading ``Enforcement and Border Affairs'' for performance of the
functions for which the fees legally may be expended: Provided further,
That not to exceed 40 permanent positions and 40 full-time equivalent
workyears and $4,300,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
non-reimbursable basis, or any other type of formal or informal
transfer or reimbursement of personnel or funds on either a temporary
or long-term basis: Provided further, That the number of positions
filled through non-career appointment at the Immigration and
Naturalization Service, for which funding is provided in this Act or is
otherwise made available to the Immigration and Naturalization Service,
shall not exceed four permanent positions and four full-time equivalent
workyears: Provided further, That none of the funds available to the
Immigration and Naturalization Service shall be used to pay any
employee overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2001: Provided further, That funds
may be used, without limitation, for equipping, maintaining, and making
improvements to the infrastructure and the purchase of vehicles for
police-type use within the limits of the Enforcement and Border Affairs
appropriation: Provided further, That, in addition to reimbursable
full-time equivalent workyears available to the Immigration and
Naturalization Service, not to exceed 3,182 positions and 3,279 full-
time equivalent workyears shall be supported from the funds
appropriated under this heading in this Act for the Immigration and
Naturalization Service: Provided further, That, notwithstanding any
other provision of law, during fiscal year 2001, the Attorney General
is authorized and directed to impose disciplinary action, including
termination of employment, pursuant to policies and procedures
applicable to employees of the Federal Bureau of Investigation, for any
employee of the Immigration and Naturalization Service who violates
policies and procedures set forth by the Department of Justice relative
to the granting of citizenship or who willfully deceives the Congress
or department leadership on any matter.</DELETED>
<DELETED>construction</DELETED>
<DELETED> 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,
$110,664,000, to remain available until expended: Provided, That no
funds shall be available for the site acquisition, design, or
construction of any Border Patrol checkpoint in the Tucson
sector.</DELETED>
<DELETED>Federal Prison System</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 707, of which 600 are for replacement
only) and hire of law enforcement and passenger motor vehicles, and for
the provision of technical assistance and advice on corrections related
issues to foreign governments, $3,475,769,000 (reduced by $45,000,000)
(reduced by $173,480): Provided, That the Attorney General may transfer
to the Health Resources and Services Administration such amounts as may
be necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System (FPS),
where necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of FPS, furnish health services to individuals
committed to the custody of FPS: Provided further, That not to exceed
$6,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $90,000,000 shall remain
available for necessary operations until September 30, 2002: Provided
further, That, of the amounts provided for Contract Confinement, not to
exceed $20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable agreements,
and other expenses authorized by section 501(c) of the Refugee
Education Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That, notwithstanding section 4(d) of the Service Contract Act of 1965
(41 U.S.C. 353(d)), FPS may enter into contracts and other agreements
with private entities for periods of not to exceed 3 years and seven
additional option years for the confinement of Federal
prisoners.</DELETED>
<DELETED>buildings and facilities</DELETED>
<DELETED> For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$835,660,000, to remain available until expended, of which not to
exceed $14,000,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation: Provided further,
That not to exceed 10 percent of the funds appropriated to ``Buildings
and Facilities'' in this or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House
of Representatives and the Senate in compliance with provisions set
forth in section 605 of this Act.</DELETED>
<DELETED>federal prison industries, incorporated</DELETED>
<DELETED> Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available, and in accord with the law, and to make
such contracts and commitments, without regard to fiscal year
limitations as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program set forth in the
budget for the current fiscal year for such corporation, including
purchase (not to exceed five for replacement only) and hire of
passenger motor vehicles.</DELETED>
<DELETED>limitation on administrative expenses, federal prison
industries, incorporated</DELETED>
<DELETED> Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired
or produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other
property belonging to the corporation or in which it has an
interest.</DELETED>
<DELETED>Office of Justice Programs</DELETED>
<DELETED>justice assistance</DELETED>
<DELETED> For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''), and the Missing
Children's Assistance Act, as amended, including salaries and expenses
in connection therewith, and with the Victims of Crime Act of 1984, as
amended, $155,611,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by Public Law 102-534 (106 Stat.
3524).</DELETED>
<DELETED> In addition, for grants, cooperative agreements, and other
assistance authorized by sections 819, 821, and 822 of the
Antiterrorism and Effective Death Penalty Act of 1996, $152,000,000, to
remain available until expended.</DELETED>
<DELETED>state and local law enforcement assistance</DELETED>
<DELETED> For assistance (including amounts for administrative costs
for management and administration, which amounts shall be transferred
to and merged with the ``Justice Assistance'' account) authorized by
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''),
$2,823,950,000, to remain available until expended; of which
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant
to H.R. 728 as passed by the House of Representatives on February 14,
1995, except that for purposes of this Act, Guam shall be considered a
``State'', the Commonwealth of Puerto Rico shall be considered a ``unit
of local government'' as well as a ``State'', for the purposes set
forth in paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of
H.R. 728 and for establishing crime prevention programs involving
cooperation between community residents and law enforcement personnel
in order to control, detect, or investigate crime or the prosecution of
criminals: Provided, That no funds provided under this heading may be
used as matching funds for any other Federal grant program: Provided
further, That $50,000,000 of this amount shall be for Boys and Girls
Clubs in public housing facilities and other areas in cooperation with
State and local law enforcement: Provided further, That funds may also
be used to defray the costs of indemnification insurance for law
enforcement officers: Provided further, That $20,000,000 shall be
available to carry out section 102(2) of H.R. 728; of which
$420,000,000 shall be for the State Criminal Alien Assistance Program,
as authorized by section 242(j) of the Immigration and Nationality Act,
as amended; of which $686,500,000 shall be for Violent Offender
Incarceration and Truth in Sentencing Incentive Grants pursuant to
subtitle A of title II of the 1994 Act, of which $165,000,000 shall be
available for payments to States for incarceration of criminal aliens,
and of which $35,000,000 shall be available for the Cooperative
Agreement Program; of which $552,000,000 shall be for grants,
contracts, cooperative agreements, and other assistance authorized by
part E of title I of the 1968 Act, for State and Local Narcotics
Control and Justice Assistance Improvements, notwithstanding the
provisions of section 511 of said Act, as authorized by section 1001 of
title I of said Act, as amended by Public Law 102-534 (106 Stat. 3524),
of which $52,000,000 shall be available to carry out the provisions of
chapter A of subpart 2 of part E of title I of said Act, for
discretionary grants under the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs; of which $9,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized by section
218 of the 1990 Act; of which $2,000,000 shall be for Child Abuse
Training Programs for Judicial Personnel and Practitioners, as
authorized by section 224 of the 1990 Act; of which $207,750,000 shall
be for Grants to Combat Violence Against Women, to States, units of
local government, and Indian tribal governments, as authorized by
section 1001(a)(18) of the 1968 Act, including $35,250,000 which shall
be used exclusively for the purpose of strengthening civil legal
assistance programs for victims of domestic violence: Provided, That,
of these funds, $5,200,000 shall be provided to the National Institute
of Justice for research and evaluation of violence against women, and
$10,000,000 shall be available to the Office of Juvenile Justice and
Delinquency Prevention for the Safe Start Program, to be administered
as authorized by part C of the Juvenile Justice and Delinquency Act of
1974, as amended; of which $34,000,000 shall be for Grants to Encourage
Arrest Policies to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968 Act; of
which $25,000,000 shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $5,000,000 shall be for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects; of which $1,000,000 shall be for grants for
televised testimony, as authorized by section 1001(a)(7) of the 1968
Act; of which $63,000,000 shall be for grants for residential substance
abuse treatment for State prisoners, as authorized by section
1001(a)(17) of the 1968 Act; of which $900,000 shall be for the Missing
Alzheimer's Disease Patient Alert Program, as authorized by section
240001(c) of the 1994 Act; of which $1,300,000 shall be for Motor
Vehicle Theft Prevention Programs, as authorized by section 220002(h)
of the 1994 Act; of which $40,000,000 shall be for Drug Courts, as
authorized by title V of the 1994 Act; of which $1,500,000 shall be for
Law Enforcement Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; of which $2,000,000 shall be for public
awareness programs addressing marketing scams aimed at senior citizens,
as authorized by section 250005(3) of the 1994 Act; and of which
$250,000,000 shall be for Juvenile Accountability Incentive Block
Grants, except that such funds shall be subject to the same terms and
conditions as set forth in the provisions under this heading for this
program in Public Law 105-119, but all references in such provisions to
1998 shall be deemed to refer instead to 2001 and Guam shall be
considered a ``State'' for the purposes of title III of H.R. 3, as
passed by the House of Representatives on May 8, 1977: Provided
further, That funds made available in fiscal year 2001 under subpart 1
of part E of title I of the 1968 Act may be obligated for programs to
assist States in the litigation processing of death penalty Federal
habeas corpus petitions and for drug testing initiatives: Provided
further, That, if a unit of local government uses any of the funds made
available under this title to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.</DELETED>
<DELETED>weed and seed program fund</DELETED>
<DELETED> For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to implement ``Weed
and Seed'' program activities, $33,500,000, to remain available until
expended, for inter-governmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies engaged in the investigation and prosecution of
violent crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other Federal
agencies which shall be specified by the Attorney General to execute
the ``Weed and Seed'' program strategy: Provided, That funds designated
by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall
be managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel
in support of ``Weed and Seed'' program activities only after the
Attorney General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 605 of
this Act.</DELETED>
<DELETED>Community Oriented Policing Services</DELETED>
<DELETED> For activities authorized by title I of the Violent Crime
Control and Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $595,000,000, to remain
available until expended, of which $384,500,000 is for Public Safety
and Community Policing Grants pursuant to title I of the 1994 Act,
including up to $180,000,000 to be used to combat violence in schools;
and of which $210,500,000 is for innovative community policing
programs, of which $45,675,000 shall be used for policing initiatives
to combat methamphetamine production and trafficking and to enhance
policing initiatives in drug ``hot spots'', $5,000,000 shall be used to
combat violence in schools, $130,000,000 shall be used for grants, as
authorized by section 102(e) of the Crime Identification Technology Act
of 1998, and section 4(b) of the National Child Protection Act of 1993,
as amended, and $29,825,000 shall be expended for program management
and administration: Provided, That of the unobligated balances
available in this program, $150,000,000 shall be used for innovative
policing programs, of which $25,000,000 shall be used for the Matching
Grant Program for Law Enforcement Armor Vests pursuant to section 2501
of part Y of the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''), as amended, $100,000,000 shall be used for a law
enforcement technology program, $15,000,000 shall be used for Police
Corps education, training, and service as set forth in sections 200101-
200113 of the 1994 Act, and $10,000,000 shall be used to combat
violence in schools.</DELETED>
<DELETED>juvenile justice programs</DELETED>
<DELETED> For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $267,597,000, to remain
available until expended: Provided, That these funds shall be available
for obligation and expenditure upon enactment of reauthorization
legislation for the Juvenile Justice and Delinquency Prevention Act of
1974 (title XIII of H.R. 1501 or comparable legislation).</DELETED>
<DELETED> In addition, for grants, contracts, cooperative
agreements, and other assistance, $11,000,000 to remain available until
expended, for developing, testing, and demonstrating programs designed
to reduce drug use among juveniles.</DELETED>
<DELETED> In addition, for grants, contracts, cooperative
agreements, and other assistance authorized by the Victims of Child
Abuse Act of 1990, as amended, $8,500,000, to remain available until
expended, as authorized by section 214B of the Act.</DELETED>
<DELETED>public safety officers benefits</DELETED>
<DELETED> To remain available until expended, for payments
authorized by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as are
necessary, as authorized by section 6093 of Public Law 100-690 (102
Stat. 4339-4340).</DELETED>
<DELETED>General Provisions--Department of Justice</DELETED>
<DELETED> Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $45,000 from funds appropriated to the
Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses in
accordance with distributions, procedures, and regulations established
by the Attorney General.</DELETED>
<DELETED> Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980 (Public Law
96-132; 93 Stat. 1040 (1979)), as amended, shall remain in effect until
the termination date of this Act or until the effective date of a
Department of Justice Appropriation Authorization Act, whichever is
earlier.</DELETED>
<DELETED> Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term, or in the
case of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.</DELETED>
<DELETED> Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate in any
way the performance of, any abortion.</DELETED>
<DELETED> Sec. 105. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such service
outside the Federal facility: Provided, That nothing in this section in
any way diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of
Prisons.</DELETED>
<DELETED> Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act may be
used to establish and publicize a program under which publicly
advertised, extraordinary rewards may be paid, which shall not be
subject to spending limitations contained in sections 3059 and 3072 of
title 18, United States Code: Provided, That any reward of $100,000 or
more, up to a maximum of $2,000,000, may not be made without the
personal approval of the President or the Attorney General and such
approval may not be delegated.</DELETED>
<DELETED> Sec. 107. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department of
Justice in this Act, including those derived from the Violent Crime
Reduction Trust Fund, may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation except in compliance with the procedures
set forth in that section.</DELETED>
<DELETED> Sec. 108. Section 108(a) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2000 (as enacted into law by section 1000(a)(1) of Public Law 106-
113) shall apply for fiscal year 2001 and thereafter.</DELETED>
<DELETED> Sec. 109. Section 3024 of the Emergency Supplemental
Appropriations Act, 1999 (Public Law 106-31) shall apply for fiscal
year 2001.</DELETED>
<DELETED> Sec. 110. For fiscal year 2001 and thereafter, section 109
of Public Law 103-317 (28 U.S.C. 509 note) shall apply only to
litigation in which the United States, or an agency or officer of the
United States, is a defendant. The preceding sentence shall not apply
to litigation filed before January 1, 2000, that has received funding
under section 109 of Public Law 103-317 (28 U.S.C. 509 note).</DELETED>
<DELETED> Sec. 111. Section 115 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2000 (as enacted into law by section 1000(a)(1) of Public Law 106-
113) shall apply for fiscal year 2001.</DELETED>
<DELETED> Sec. 112. Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356) is amended by adding at the end the following new
subsections:</DELETED>
<DELETED> ``(t) Genealogy Fee.--(1) There is hereby established the
Genealogy Fee for providing genealogy research and information
services. This fee shall be deposited as offsetting collections into
the Examinations Fee Account. Fees for such research and information
services may be set at a level that will ensure the recovery of the
full costs of providing all such services.</DELETED>
<DELETED> ``(2) The Attorney General will prepare and submit
annually to Congress statements of the financial condition of the
Genealogy Fee.</DELETED>
<DELETED> ``(3) Any officer or employee of the Immigration and
Naturalization Service shall collect fees prescribed under regulation
before disseminating any requested genealogical information.</DELETED>
<DELETED> ``(u) Premium Fee for Employment-Based Petitions and
Applications.--The Attorney General is authorized to establish and
collect a premium fee for employment-based petitions and applications.
This fee shall be used to provide certain premium-processing services
to business customers, and to make infrastructure improvements in the
adjudications and customer-service processes. For approval of the
benefit applied for, the petitioner/applicant must meet the legal
criteria for such benefit. This fee shall be set at $1,000, shall be
paid in addition to any normal petition/application fee that may be
applicable, and shall be deposited as offsetting collections in the
Immigration Examinations Fee Account. The Attorney General may adjust
this fee according to the Consumer Price Index.''.</DELETED>
<DELETED> Sec. 113. During the current fiscal year, the Attorney
General may not certify any amount for appropriation under section
1817(k)(3)(A)(i) of the Social Security Act (42 U.S.C.
1395i(k)(3)(A)(i)) to the Health Care Fraud and Abuse Control Account
for any purpose of the Department of Justice, unless the Attorney
General has notified the Committees on Appropriations, at least 15 days
in advance, of the amount and purpose involved.</DELETED>
<DELETED> This title may be cited as the ``Department of Justice
Appropriations Act, 2001''.</DELETED>
<DELETED>TITLE II--DEPARTMENT OF COMMERCE AND RELATED
AGENCIES</DELETED>
<DELETED>Trade and Infrastructure Development</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>Office of the United States Trade Representative</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor vehicles
and the employment of experts and consultants as authorized by 5 U.S.C.
3109, $26,433,000 (increased by $3,000,000), of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $98,000
shall be available for official reception and representation
expenses.</DELETED>
<DELETED>International Trade Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official
reception and representation expenses, $46,995,000, to remain available
until expended.</DELETED>
<DELETED>DEPARTMENT OF COMMERCE</DELETED>
<DELETED>International Trade Administration</DELETED>
<DELETED>operations and administration</DELETED>
<DELETED> For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and engaging in
trade promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $30,000 per vehicle; obtaining insurance on official
motor vehicles; and rental of tie lines and teletype equipment,
$321,448,000, to remain available until expended, of which $3,000,000
is to be derived from fees to be retained and used by the International
Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$62,376,000 shall be for Trade Development, $19,755,000 shall be for
Market Access and Compliance, $32,473,000 shall be for the Import
Administration, $194,638,000 shall be for the United States and Foreign
Commercial Service, and $12,206,000 shall be for Executive Direction
and Administration: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act
shall include payment for assessments for services provided as part of
these activities.</DELETED>
<DELETED>Export Administration</DELETED>
<DELETED>operations and administration</DELETED>
<DELETED> For necessary expenses for export administration and
national security activities of the Department of Commerce, including
costs associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b);
purchase of passenger motor vehicles for official use and motor
vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $53,833,000, to remain available until expended, of
which $1,870,000 shall be for inspections and other activities related
to national security: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments: Provided further, That no funds may be obligated or
expended for processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China, unless, at least 15 days
in advance, the Committees on Appropriations of the House of
Representatives and the Senate and other appropriate committees of the
Congress are notified of such proposed action.</DELETED>
<DELETED>Economic Development Administration</DELETED>
<DELETED>economic development assistance programs</DELETED>
<DELETED> For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as amended,
and for trade adjustment assistance, $361,879,000, to remain available
until expended.</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of administering the economic
development assistance programs as provided for by law, $26,499,000:
Provided, That these funds may be used to monitor projects approved
pursuant to title I of the Public Works Employment Act of 1976, as
amended, title II of the Trade Act of 1974, as amended, and the
Community Emergency Drought Relief Act of 1977.</DELETED>
<DELETED>Minority Business Development Agency</DELETED>
<DELETED>minority business development</DELETED>
<DELETED> For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $27,314,000.</DELETED>
<DELETED>Economic and Information Infrastructure</DELETED>
<DELETED>Economic and Statistical Analysis</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$49,499,000, to remain available until September 30, 2002.</DELETED>
<DELETED>Bureau of the Census</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for by law,
$140,000,000.</DELETED>
<DELETED>periodic censuses and programs</DELETED>
<DELETED> For necessary expenses to conduct the decennial census,
$392,898,000 to remain available until expended: of which $24,055,000
is for Program Development and Management; of which $57,096,000 is for
Data Content and Products; of which $122,000,000 is for Field Data
Collection and Support Systems; of which $1,500,000 is for Address List
Development; of which $115,038,000 is for Automated Data Processing and
Telecommunications Support; of which $55,000,000 is for Testing and
Evaluation; of which $5,512,000 is for activities related to Puerto
Rico, the Virgin Islands and Pacific Areas; of which $9,197,000 is for
Marketing, Communications and Partnerships activities; and of which
$3,500,000 is for the Census Monitoring Board, as authorized by section
210 of Public Law 105-119.</DELETED>
<DELETED> In addition, for expenses to collect and publish
statistics for other periodic censuses and programs provided for by
law, $137,969,000, to remain available until expended.</DELETED>
<DELETED>National Telecommunications and Information
Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration (NTIA),
$10,975,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
hereafter, notwithstanding any other provision of law, NTIA shall not
authorize spectrum use or provide any spectrum functions pursuant to
the National Telecommunications and Information Administration
Organization Act, 47 U.S.C. 902-903, to any Federal entity without
reimbursement as required by NTIA for such spectrum management costs,
and Federal entities withholding payment of such cost shall not use
spectrum: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agencies
for all costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall remain
available until expended.</DELETED>
<DELETED>public telecommunications facilities, planning and
construction</DELETED>
<DELETED> For grants authorized by section 392 of the Communications
Act of 1934, as amended, $31,000,000, to remain available until
expended as authorized by section 391 of the Act, as amended: Provided,
That not to exceed $1,800,000 shall be available for program
administration as authorized by section 391 of the Act: Provided
further, That notwithstanding the provisions of section 391 of the Act,
the prior year unobligated balances may be made available for grants
for projects for which applications have been submitted and approved
during any fiscal year.</DELETED>
<DELETED>information infrastructure grants</DELETED>
<DELETED> For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,500,000, to remain available until
expended as authorized by section 391 of the Act, as amended: Provided,
That not to exceed $3,000,000 shall be available for program
administration and other support activities as authorized by section
391: Provided further, That, of the funds appropriated herein, not to
exceed 5 percent may be available for telecommunications research
activities for projects related directly to the development of a
national information infrastructure: Provided further, That,
notwithstanding the requirements of sections 392(a) and 392(c) of the
Act, these funds may be used for the planning and construction of
telecommunications networks for the provision of educational, cultural,
health care, public information, public safety, or other social
services: Provided further, That notwithstanding any other provision of
law, no entity that receives telecommunications services at
preferential rates under section 254(h) of the Act (47 U.S.C. 254(h))
or receives assistance under the regional information sharing systems
grant program of the Department of Justice under part M of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796h) may use funds under a grant under this heading to cover any
costs of the entity that would otherwise be covered by such
preferential rates or such assistance, as the case may be.</DELETED>
<DELETED>Patent and Trademark Office</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted against the
Director of Patents and Trademarks, $650,035,000, to remain available
until expended: Provided, That of this amount, $650,035,000 shall be
derived from offsetting collections assessed and collected pursuant to
15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and used
for necessary expenses in this appropriation: Provided further, That
the sum herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2001, so as
to result in a final fiscal year 2001 appropriation from the general
fund estimated at $0: Provided further, That, during fiscal year 2001,
should the total amount of offsetting fee collections be less than
$650,035,000, the total amounts available to the Patent and Trademark
Office shall be reduced accordingly: Provided further, That any amount
received in excess of $650,035,000 in fiscal year 2001 shall not be
available for obligation: Provided further, That not to exceed
$254,889,000 from fees collected in fiscal years 1999 and 2000 shall be
made available for obligation in fiscal year 2001.</DELETED>
<DELETED>Science and Technology</DELETED>
<DELETED>Technology Administration</DELETED>
<DELETED>under secretary for technology/office of technology
policy</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $7,945,000.</DELETED>
<DELETED>National Institute of Standards and Technology</DELETED>
<DELETED>scientific and technical research and services</DELETED>
<DELETED> For necessary expenses of the National Institute of
Standards and Technology, $292,056,000, to remain available until
expended, of which not to exceed $282,000 may be transferred to the
``Working Capital Fund''.</DELETED>
<DELETED>industrial technology services</DELETED>
<DELETED> For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$104,836,000, to remain available until expended.</DELETED>
<DELETED>construction of research facilities</DELETED>
<DELETED> For construction of new research facilities, including
architectural and engineering design, and for renovation of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$26,000,000, to remain available until expended.</DELETED>
<DELETED>National Oceanic and Atmospheric Administration</DELETED>
<DELETED>operations, research, and facilities</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities as authorized by 33 U.S.C. 883i,
$1,606,925,000 (increased by $1,200,000), to remain available until
expended: Provided, That fees and donations received by the National
Ocean Service for the management of the national marine sanctuaries may
be retained and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $68,000,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'': Provided further, That grants to
States pursuant to sections 306 and 306A of the Coastal Zone Management
Act of 1972, as amended, shall not exceed $2,000,000: Provided further,
That, of the $1,734,925,000 (increased by $1,200,000) provided for in
direct obligations under this heading (of which $1,606,925,000
(increased by $1,200,000) is appropriated from the General Fund,
$92,000,000 is provided by transfer, and $36,000,000 is derived from
deobligations from prior years), $260,561,000 shall be for the National
Ocean Service, $405,383,000 (increased by $1,200,000) shall be for the
National Marine Fisheries Service, $264,561,000 shall be for Oceanic
and Atmospheric Research, $621,726,000 shall be for the National
Weather Service, $106,585,000 shall be for the National Environmental
Satellite, Data, and Information Service, $58,094,000 shall be for
Program Support, $7,000,000 shall be for Fleet Maintenance, and
$11,015,000 shall be for Facilities Maintenance: Provided further, That
not to exceed $31,439,000 shall be expended for Executive Direction and
Administration, which consists of the Offices of the Undersecretary,
the Executive Secretariat, Policy and Strategic Planning, International
Affairs, Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided further, That
the aforementioned offices, excluding the Office of the General
Counsel, shall not be augmented by personnel details, temporary
transfers of personnel on either a reimbursable or nonreimbursable
basis or any other type of formal or informal transfer or reimbursement
of personnel or funds on either a temporary or long-term basis above
the level of 33 personnel: Provided further, That no general
administrative charge shall be applied against an assigned activity
included in this Act and, further, that any direct administrative
expenses applied against an assigned activity shall be limited to 5
percent of the funds provided for that assigned activity: Provided
further, That any use of deobligated balances of funds provided under
this heading in previous years shall be subject to the procedures set
forth in section 605 of this Act.</DELETED>
<DELETED> In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits Plan, and
for payments for medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.</DELETED>
<DELETED>procurement, acquisition and construction (including transfers
of funds)</DELETED>
<DELETED> For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the National
Oceanic and Atmospheric Administration, $564,656,000 (reduced by
$1,200,000), to remain available until expended: Provided, That
unexpended balances of amounts previously made available in the
``Operations, Research, and Facilities'' account for activities funded
under this heading may be transferred to and merged with this account,
to remain available until expended for the purposes for which the funds
were originally appropriated.</DELETED>
<DELETED>pacific coastal salmon recovery</DELETED>
<DELETED> For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999 Pacific
Salmon Treaty Agreement between the United States and Canada,
$58,000,000, subject to express authorization.</DELETED>
<DELETED>coastal zone management fund</DELETED>
<DELETED> Of amounts collected pursuant to section 308 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$4,000,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.</DELETED>
<DELETED>fishermen's contingency fund</DELETED>
<DELETED> For carrying out the provisions of title IV of Public Law
95-372, not to exceed $951,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.</DELETED>
<DELETED>foreign fishing observer fund</DELETED>
<DELETED> For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339),
and the Magnuson-Stevens Fishery Conservation and Management Act of
1976, as amended (Public Law 100-627), and the American Fisheries
Promotion Act (Public Law 96-561), to be derived from the fees imposed
under the foreign fishery observer program authorized by these Acts,
not to exceed $189,000, to remain available until expended.</DELETED>
<DELETED>fisheries finance program account</DELETED>
<DELETED> For the cost of direct loans, $238,000, as authorized by
the Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used
for direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.</DELETED>
<DELETED>General Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $31,392,000 (reduced by
$3,000,000).</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504),
$21,000,000.</DELETED>
<DELETED>General Provisions--Department of Commerce</DELETED>
<DELETED> Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.</DELETED>
<DELETED> Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).</DELETED>
<DELETED> Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and activities
that are under the control of the United States Air Force or the United
States Air Force Reserve.</DELETED>
<DELETED> Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department of
Commerce, shall be available to reimburse the Unemployment Trust Fund
or any other fund or account of the Treasury to pay for any expenses
authorized by section 8501 of title 5, United States Code, for services
performed by individuals appointed to temporary positions within the
Bureau of the Census for purposes relating to the decennial censuses of
population.</DELETED>
<DELETED> Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.</DELETED>
<DELETED> Sec. 206. (a) Should legislation be enacted to dismantle
or reorganize the Department of Commerce, or any portion thereof, the
Secretary of Commerce, no later than 90 days thereafter, shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate a plan for transferring funds provided in this Act to the
appropriate successor organizations: Provided, That the plan shall
include a proposal for transferring or rescinding funds appropriated
herein for agencies or programs terminated under such legislation:
Provided further, That such plan shall be transmitted in accordance
with section 605 of this Act.</DELETED>
<DELETED> (b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce, or
any portion thereof, to cover the costs of actions relating to the
abolishment, reorganization, or transfer of functions and any related
personnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority to
transfer funds between appropriations accounts that may be necessary to
carry out this section is provided in addition to authorities included
under section 205 of this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.</DELETED>
<DELETED> Sec. 207. Any costs incurred by a department or agency
funded under this title resulting from personnel actions taken in
response to funding reductions included in this title or from actions
taken for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available to
such Department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to carry out
this section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.</DELETED>
<DELETED> Sec. 208. The Secretary of Commerce may award contracts
for hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).</DELETED>
<DELETED> Sec. 209. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the maintenance
and operation of such administrative services as the Secretary
determines may be performed more advantageously as central services,
pursuant to section 403 of Public Law 103-356: Provided, That any
inventories, equipment, and other assets pertaining to the services to
be provided by such fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations made for the
purpose of providing capital shall be used to capitalize such fund:
Provided further, That such fund shall be paid in advance from funds
available to the Department and other Federal agencies for which such
centralized services are performed, at rates which will return in full
all expenses of operation, including accrued leave, depreciation of
fund plant and equipment, amortization of automated data processing
(ADP) software and systems (either acquired or donated), and an amount
necessary to maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall provide services
on a competitive basis: Provided further, That an amount not to exceed
4 percent of the total annual income to such fund may be retained in
the fund for fiscal year 2001 and each fiscal year thereafter, to
remain available until expended, to be used for the acquisition of
capital equipment, and for the improvement and implementation of
department financial management, ADP, and other support systems:
Provided further, That such amounts retained in the fund for fiscal
year 2001 and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section 605 of this
Act: Provided further, That no later than 30 days after the end of each
fiscal year, amounts in excess of this reserve limitation shall be
deposited as miscellaneous receipts in the Treasury: Provided further,
That such franchise fund pilot program shall terminate pursuant to
section 403(f) of Public Law 103-356.</DELETED>
<DELETED> This title may be cited as the ``Department of Commerce
and Related Agencies Appropriations Act, 2001''.</DELETED>
<DELETED>TITLE III--THE JUDICIARY</DELETED>
<DELETED>Supreme Court of the United States</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and grounds,
including purchase or hire, driving, maintenance, and operation of an
automobile for the Chief Justice, not to exceed $10,000 for the purpose
of transporting Associate Justices, and hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed
$10,000 for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may
approve; $36,782,000.</DELETED>
<DELETED>care of the building and grounds</DELETED>
<DELETED> For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon the
Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-13b),
$7,530,000, of which $4,460,000 shall remain available until
expended.</DELETED>
<DELETED>United States Court of Appeals for the Federal
Circuit</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For salaries of the chief judge, judges, and other
officers and employees, and for necessary expenses of the court, as
authorized by law, $17,846,000.</DELETED>
<DELETED>United States Court of International Trade</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as authorized by 5
U.S.C. 3109, and necessary expenses of the court, as authorized by law,
$12,299,000.</DELETED>
<DELETED>Courts of Appeals, District Courts, and Other Judicial
Services</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For the salaries of circuit and district judges (including
judges of the territorial courts of the United States), justices and
judges retired from office or from regular active service, judges of
the United States Court of Federal Claims, bankruptcy judges,
magistrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $3,328,778,000 (including
the purchase of firearms and ammunition); of which not to exceed
$17,817,000 shall remain available until expended for space alteration
projects; and of which not to exceed $10,000,000 shall remain available
until expended for furniture and furnishings related to new space
alteration and construction projects.</DELETED>
<DELETED> In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $2,600,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.</DELETED>
<DELETED>defender services</DELETED>
<DELETED> For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of expenses
of attorneys appointed to represent persons under the Criminal Justice
Act of 1964, as amended; the compensation and reimbursement of expenses
of persons furnishing investigative, expert and other services under
the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution
of penal sentences; and the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d), $420,338,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i).</DELETED>
<DELETED>fees of jurors and commissioners</DELETED>
<DELETED> For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized by 28
U.S.C. 1863; and compensation of commissioners appointed in
condemnation cases pursuant to rule 71A(h) of the Federal Rules of
Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), $60,821,000, to
remain available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of the highest
rate payable under section 5332 of title 5, United States
Code.</DELETED>
<DELETED>court security</DELETED>
<DELETED> For necessary expenses, not otherwise provided for,
incident to providing protective guard services and the procurement,
installation, and maintenance of security equipment for the United
States Courts in courtrooms and adjacent areas, including building
ingress-egress control, inspection of packages, directed security
patrols, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $198,265,000, of which not to exceed $10,000,000 shall remain
available until expended for security systems, to be expended directly
or transferred to the United States Marshals Service, which shall be
responsible for administering elements of the Judicial Security Program
consistent with standards or guidelines agreed to by the Director of
the Administrative Office of the United States Courts and the Attorney
General.</DELETED>
<DELETED>Administrative Office of the United States Courts</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as
authorized by 31 U.S.C. 1343(b), advertising and rent in the District
of Columbia and elsewhere, $58,340,000, of which not to exceed $8,500
is authorized for official reception and representation
expenses.</DELETED>
<DELETED>Federal Judicial Center</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $18,777,000; of which $1,800,000 shall
remain available through September 30, 2002, to provide education and
training to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation
expenses.</DELETED>
<DELETED>Judicial Retirement Funds</DELETED>
<DELETED>payment to judiciary trust funds</DELETED>
<DELETED> For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $8,100,000; and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $1,900,000.</DELETED>
<DELETED>United States Sentencing Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code, $9,615,000,
of which not to exceed $1,000 is authorized for official reception and
representation expenses.</DELETED>
<DELETED>General Provisions--The Judiciary</DELETED>
<DELETED> Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.</DELETED>
<DELETED> Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services'' and ``Courts of Appeals,
District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners'', shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.</DELETED>
<DELETED> Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts of
appeals, and other judicial services shall be available for official
reception and representation expenses of the Judicial Conference of the
United States: Provided, That such available funds shall not exceed
$11,000 and shall be administered by the Director of the Administrative
Office of the United States Courts in the capacity as Secretary of the
Judicial Conference.</DELETED>
<DELETED> Sec. 304. (a) The Director of the Administrative Office of
the United States Courts (the Director) may designate in writing
officers and employees of the judicial branch of the United States
Government, including the courts as defined in section 610 of title 28,
United States Code, but excluding the Supreme Court, to be disbursing
officers in such numbers and locations as the Director considers
necessary. These disbursing officers will: (1) disburse moneys
appropriated to the judicial branch and other funds only in strict
accordance with payment requests certified by the Director or in
accordance with subsection (b) of this section; (2) examine payment
requests as necessary to ascertain whether they are in proper form,
certified, and approved; and (3) be held accountable as provided by
law. However, a disbursing officer will not be held accountable or
responsible for any illegal, improper, or incorrect payment resulting
from any false, inaccurate, or misleading certificate for which a
certifying officer is responsible under subsection (b) of this
section.</DELETED>
<DELETED> (b)(1) The Director may designate in writing officers and
employees of the judicial branch of the United States Government,
including the courts as defined in section 610 of title 28, United
States Code, but excluding the Supreme Court, to certify payment
requests payable from appropriations and funds. These certifying
officers will be responsible and accountable for: (A) the existence and
correctness of the facts recited in the certificate or other request
for payment or its supporting papers; (B) the legality of the proposed
payment under the appropriation or fund involved; and (C) the
correctness of the computations of certified payment
requests.</DELETED>
<DELETED> (2) The liability of a certifying officer will be enforced
in the same manner and to the same extent as provided by law with
respect to the enforcement of the liability of disbursing and other
accountable officers. A certifying officer shall be required to make
restitution to the United States for the amount of any illegal,
improper, or incorrect payment resulting from any false, inaccurate, or
misleading certificates made by the certifying officer, as well as for
any payment prohibited by law or which did not represent a legal
obligation under the appropriation or fund involved.</DELETED>
<DELETED> (c) A certifying or disbursing officer: (1) has the right
to apply for and obtain a decision by the Comptroller General on any
question of law involved in a payment request presented for
certification; and (2) is entitled to relief from liability arising
under this section as provided by law.</DELETED>
<DELETED> (d) The Director shall disburse, directly or through
officials designated pursuant to this section, appropriations and other
funds for the maintenance and operation of the courts.</DELETED>
<DELETED> (e) Nothing in this section affects the authority of the
courts to receive or disburse moneys in accordance with chapter 129 of
title 28, United States Code.</DELETED>
<DELETED> (f) This section shall be effective for fiscal year 2001
and hereafter.</DELETED>
<DELETED> This title may be cited as the ``Judiciary Appropriations
Act, 2001''.</DELETED>
<DELETED>TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY</DELETED>
<DELETED>DEPARTMENT OF STATE</DELETED>
<DELETED>Administration of Foreign Affairs</DELETED>
<DELETED>diplomatic and consular programs</DELETED>
<DELETED> For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including expenses
authorized by the State Department Basic Authorities Act of 1956, as
amended, the Mutual Educational and Cultural Exchange Act of 1961, as
amended, and the United States Information and Educational Exchange Act
of 1948, as amended, including employment, without regard to civil
service and classification laws, of persons on a temporary basis (not
to exceed $700,000 of this appropriation), as authorized by section 801
of such Act; expenses authorized by section 9 of the Act of August 31,
1964, as amended; representation to certain international organizations
in which the United States participates pursuant to treaties, ratified
pursuant to the advice and consent of the Senate, or specific Acts of
Congress; arms control, nonproliferation and disarmament activities as
authorized by the Arms Control and Disarmament Act of September 26,
1961, as amended; acquisition by exchange or purchase of passenger
motor vehicles as authorized by law; and for expenses of general
administration, $2,689,825,000 (reduced by $10,000,000)(reduced by
$500,000): Provided, That, of the amount made available under this
heading, not to exceed $4,000,000 may be transferred to, and merged
with, funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That, in fiscal
year 2001, all receipts collected from individuals for assistance in
the preparation and filing of an affidavit of support pursuant to
section 213A of the Immigration and Nationality Act shall be deposited
into this account as an offsetting collection and shall remain
available until expended: Provided further, That, of the amount made
available under this heading, $246,644,000 shall be available only for
public diplomacy international information programs: Provided further,
That, notwithstanding any other provision of law, not to exceed
$342,667,000 of offsetting collections derived from fees collected
under the authority of section 140(a)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236)
during fiscal year 2001 shall be retained and used for authorized
expenses in this appropriation and shall remain available until
expended: Provided further, That any fees received in excess of
$342,667,000 in fiscal year 2001 shall remain available until expended,
but shall not be available for obligation until October 1, 2001:
Provided further, That advances for services authorized by 22 U.S.C.
3620(c) may be credited to this account, to remain available until
expended for such services.</DELETED>
<DELETED> In addition, not to exceed $1,252,000 shall be derived
from fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act, as amended; in addition, as
authorized by section 5 of such Act, $490,000, to be derived from the
reserve authorized by that section, to be used for the purposes set out
in that section; in addition, as authorized by section 810 of the
United States Information and Educational Exchange Act, not to exceed
$6,000,000, to remain available until expended, may be credited to this
appropriation from fees or other payments received from English
teaching, library, motion pictures, and publication programs, and from
fees from educational advising and counseling, and exchange visitor
programs; and, in addition, not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and fees for use of Blair
House facilities in accordance with section 46 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).</DELETED>
<DELETED> In addition, for the costs of worldwide security upgrades,
$410,000,000, to remain available until expended.</DELETED>
<DELETED>capital investment fund</DELETED>
<DELETED> For necessary expenses of the Capital Investment Fund,
$79,670,000, to remain available until expended, as authorized in
Public Law 103-236, as amended: Provided, That section 135(e) of Public
Law 103-236 shall not apply to funds available under this
heading.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $28,490,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as
it relates to post inspections.</DELETED>
<DELETED>educational and cultural exchange programs</DELETED>
<DELETED> For expenses of educational and cultural exchange
programs, as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization
Plan No. 2 of 1977, as amended (91 Stat. 1636), $213,771,000, to remain
available until expended as authorized by section 105 of such Act of
1961 (22 U.S.C. 2455): Provided, That not to exceed $800,000, to remain
available until expended, may be credited to this appropriation from
fees or other payments received from or in connection with English
teaching and educational advising and counseling programs as authorized
by section 810 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1475e).</DELETED>
<DELETED>representation allowances</DELETED>
<DELETED> For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085),
$5,826,000.</DELETED>
<DELETED>protection of foreign missions and officials</DELETED>
<DELETED> For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services in
accordance with the provisions of section 214 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208,
$8,067,000, to remain available until September 30, 2002.</DELETED>
<DELETED>embassy security, construction, and maintenance</DELETED>
<DELETED> For necessary expenses for carrying out the Foreign
Service Buildings Act of 1926, as amended (22 U.S.C. 292-300),
preserving, maintaining, repairing, and planning for, buildings that
are owned or directly leased by the Department of State, renovating, in
addition to funds otherwise available, the Main State Building, and
carrying out the Diplomatic Security Construction Program as authorized
by title IV of the Omnibus Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4851), $416,976,000, to remain available until expended
as authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized by section 905 of the Foreign Service Act of 1980, as
amended (22 U.S.C. 4085): Provided, That none of the funds appropriated
in this paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and
agencies.</DELETED>
<DELETED> In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized by the Secure Embassy
Construction and Counterterrorism Act of 1999, $648,000,000, to remain
available until expended.</DELETED>
<DELETED>emergencies in the diplomatic and consular service</DELETED>
<DELETED> For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular
Service pursuant to the requirement of 31 U.S.C. 3526(e), and as
authorized by section 804(3) of the United States Information and
Educational Exchange Act of 1948, as amended, $5,477,000, to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.</DELETED>
<DELETED>repatriation loans program account</DELETED>
<DELETED> For the cost of direct loans, $591,000, as authorized by
section 4 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2671): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974. In addition, for administrative
expenses necessary to carry out the direct loan program, $604,000,
which may be transferred to and merged with the Diplomatic and Consular
Programs account under Administration of Foreign Affairs.</DELETED>
<DELETED>payment to the american institute in taiwan</DELETED>
<DELETED> For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $16,345,000.</DELETED>
<DELETED>payment to the foreign service retirement and disability
fund</DELETED>
<DELETED> For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $131,224,000.</DELETED>
<DELETED>International Organizations and Conferences</DELETED>
<DELETED>contributions to international organizations</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary to
meet annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice and
consent of the Senate, conventions or specific Acts of Congress,
$880,505,000: Provided, That any payment of arrearages under this title
shall be directed toward special activities that are mutually agreed
upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated in
this paragraph shall be available for a United States contribution to
an international organization for the United States share of interest
costs made known to the United States Government by such organization
for loans incurred on or after October 1, 1984, through external
borrowings: Provided further, That, of the funds appropriated in this
paragraph, $100,000,000 may be made available only on a semi-annual
basis pursuant to a certification by the Secretary of State on a semi-
annual basis, that the United Nations has taken no action during the
preceding 6 months to increase funding for any United Nations program
without identifying an offsetting decrease during that 6-month period
elsewhere in the United Nations budget and cause the United Nations to
exceed the budget for the biennium 2000-2001 of $2,535,700,000:
Provided further, That funds appropriated under this paragraph may be
obligated and expended to pay the full United States assessment to the
civil budget of the North Atlantic Treaty Organization.</DELETED>
<DELETED>contributions for international peacekeeping
activities</DELETED>
<DELETED> For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $498,100,000:
Provided, That none of the funds made available under this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency, as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives and the
Senate and other appropriate committees of the Congress are notified of
the estimated cost and length of the mission, the vital national
interest that will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth the
source of funds that will be used to pay for the cost of the new or
expanded mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to provide
equipment, services, and material for United Nations peacekeeping
activities equal to those being given to foreign manufacturers and
suppliers: Provided further, That none of the funds made available
under this heading are available to pay the United States share of the
cost of court monitoring that is part of any United Nations
peacekeeping mission.</DELETED>
<DELETED>international commissions</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:</DELETED>
<DELETED>international boundary and water commission, united states and
mexico</DELETED>
<DELETED> For necessary expenses for the United States Section of
the International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For salaries and expenses, not otherwise provided for,
$19,470,000.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For detailed plan preparation and construction of
authorized projects, $5,915,000 (increased by $500,000), to remain
available until expended, as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).</DELETED>
<DELETED>american sections, international commissions</DELETED>
<DELETED> For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$5,710,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.</DELETED>
<DELETED>international fisheries commissions</DELETED>
<DELETED> For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$15,485,000: Provided, That the United States' share of such expenses
may be advanced to the respective commissions, pursuant to 31 U.S.C.
3324.</DELETED>
<DELETED>Other</DELETED>
<DELETED>payment to the asia foundation</DELETED>
<DELETED> For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $8,216,000, to remain available
until expended, as authorized by section 24(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).</DELETED>
<DELETED>eisenhower exchange fellowship program trust fund</DELETED>
<DELETED> For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2001, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal
services.</DELETED>
<DELETED>israeli arab scholarship program</DELETED>
<DELETED> For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all
interest and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 2001, to remain available until
expended.</DELETED>
<DELETED>national endowment for democracy</DELETED>
<DELETED> For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment for
Democracy Act, $30,872,000 to remain available until
expended.</DELETED>
<DELETED>RELATED AGENCY</DELETED>
<DELETED>Broadcasting Board of Governors</DELETED>
<DELETED>international broadcasting operations</DELETED>
<DELETED> For expenses necessary to enable the Broadcasting Board of
Governors, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended, the United States
International Broadcasting Act of 1994, as amended, Reorganization Plan
No. 2 of 1977, as amended, and the Foreign Affairs Reform and
Restructuring Act of 1998, to carry out international communication
activities, including the purchase, installation, rent, construction,
and improvement of facilities for radio and television transmission and
reception to Cuba, $419,777,000, of which not to exceed $16,000 may be
used for official receptions within the United States as authorized by
section 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed
$35,000 may be used for representation abroad as authorized by section
302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign
Service Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be
used for official reception and representation expenses of Radio Free
Europe/Radio Liberty; and in addition, notwithstanding any other
provision of law, not to exceed $2,000,000 in receipts from advertising
and revenue from business ventures, not to exceed $500,000 in receipts
from cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, to remain available
until expended for carrying out authorized purposes.</DELETED>
<DELETED>broadcasting capital improvements</DELETED>
<DELETED> For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception as authorized by section 801 of the United
States Information and Educational Exchange Act of 1948 (22 U.S.C.
1471), $18,358,000, to remain available until expended, as authorized
by section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).</DELETED>
<DELETED>General Provisions--Department of State and Related
Agency</DELETED>
<DELETED> Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).</DELETED>
<DELETED> Sec. 402. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.</DELETED>
<DELETED> Sec. 403. There shall be in the Department of State not
more than 71 Deputy Assistant Secretaries of State.</DELETED>
<DELETED> Sec. 404. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board of
Governors to provide equipment, technical support, consulting services,
or any other form of assistance to the Palestinian Broadcasting
Corporation.</DELETED>
<DELETED> Sec. 405. (a) Section 1(a)(2) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(a)(2)) is amended by
striking ``and the Deputy Secretary of State'' and inserting ``, the
Deputy Secretary of State, and the Deputy Secretary of State for
Management and Resources''.</DELETED>
<DELETED> (b) Section 5313 of title 5, United States Code, is
amended by inserting ``Deputy Secretary of State for Management and
Resources.'' after the item relating to the ``Deputy Secretary of
State''.</DELETED>
<DELETED> This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2001''.</DELETED>
<DELETED>TITLE V--RELATED AGENCIES</DELETED>
<DELETED>DEPARTMENT OF TRANSPORTATION</DELETED>
<DELETED>Maritime Administration</DELETED>
<DELETED>maritime security program</DELETED>
<DELETED> For necessary expenses to maintain and preserve a U.S.-
flag merchant fleet to serve the national security needs of the United
States, $98,700,000, to remain available until expended.</DELETED>
<DELETED>operations and training</DELETED>
<DELETED> For necessary expenses of operations and training
activities authorized by law, $84,799,000.</DELETED>
<DELETED>maritime guaranteed loan (title xi) program account</DELETED>
<DELETED> For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $10,621,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $1,000,000,000.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,795,000, which shall be
transferred to and merged with the appropriation for Operations and
Training.</DELETED>
<DELETED>administrative provisions--maritime administration</DELETED>
<DELETED> Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to
the appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.</DELETED>
<DELETED> No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act.</DELETED>
<DELETED>Commission for the Preservation of America's Heritage
Abroad</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses for the Commission for the Preservation of
America's Heritage Abroad, $390,000, as authorized by section 1303 of
Public Law 99-83.</DELETED>
<DELETED>Commission on Civil Rights</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,866,000: Provided, That
not to exceed $50,000 may be used to employ consultants: Provided
further, That none of the funds appropriated in this paragraph shall be
used to employ in excess of four full-time individuals under Schedule C
of the Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days.</DELETED>
<DELETED>Commission on Security and Cooperation in Europe</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $1,182,000,
to remain available until expended as authorized by section 3 of Public
Law 99-7.</DELETED>
<DELETED>Equal Employment Opportunity Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $29,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6
and 14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$290,928,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.</DELETED>
<DELETED>Federal Communications Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allowances
therefor, as authorized by 5 U.S.C. 5901-5902; not to exceed $600,000
for land and structure; not to exceed $500,000 for improvement and care
of grounds and repair to buildings; not to exceed $4,000 for official
reception and representation expenses; purchase (not to exceed 16) and
hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $207,909,000, of which not to exceed
$300,000 shall remain available until September 30, 2002, for research
and policy studies: Provided, That $200,146,000 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, as amended, and shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting collections are
received during fiscal year 2001 so as to result in a final fiscal year
2001 appropriation estimated at $7,763,000: Provided further, That any
offsetting collections received in excess of $200,146,000 in fiscal
year 2001 shall remain available until expended, but shall not be
available for obligation until October 1, 2001.</DELETED>
<DELETED>Federal Maritime Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, $14,097,000: Provided, That not to exceed $2,000
shall be available for official reception and representation
expenses.</DELETED>
<DELETED>Federal Trade Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles; not to exceed $2,000 for official reception and
representation expenses, $121,098,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or
persons for collection services in accordance with the terms of 31
U.S.C. 3718, as amended: Provided further, That, notwithstanding
section 3302(b) of title 31, United States Code, not to exceed
$121,098,000 of offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2001, so as to result in a
final fiscal year 2001 appropriation from the general fund estimated at
not more than $0, to remain available until expended: Provided further,
That section 605 of Public Law 101-162 (15 U.S.C. 18a note), as
amended, is further amended by striking ``$45,000 which'' and
inserting: ``(1) $45,000, if as a result of the acquisition, the
acquiring person would hold an aggregate total amount of the voting
securities and assets of the acquired person in excess of $35,000,000
but not exceeding $99,999,999; (2) $100,000, if as a result of the
acquisition, the acquiring person would hold an aggregate total amount
of the voting securities and assets of the acquired person equal to or
in excess of $100,000,000 but not exceeding $199,999,999; or (3)
$200,000, if as a result of the acquisition, the acquiring person would
hold an aggregate total amount of the voting securities and assets of
the acquired person equal to or in excess of $200,000,000. Such fees'':
Provided further, That none of the funds made available to the Federal
Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242; 105 Stat. 2282-
2285).</DELETED>
<DELETED>Legal Services Corporation</DELETED>
<DELETED>payment to the legal services corporation</DELETED>
<DELETED> For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as amended,
$141,000,000 (increased by $134,000,000), of which $134,575,000
(increased by $130,425,000) is for basic field programs and required
independent audits; $1,125,000 (increased by $975,000) is for the
Office of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; and $5,300,000
(increased by $2,600,000) is for management and
administration.</DELETED>
<DELETED>administrative provision--legal services corporation</DELETED>
<DELETED> None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose prohibited or
limited by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105-119, and all funds
appropriated in this Act to the Legal Services Corporation shall be
subject to the same terms and conditions set forth in such sections,
except that all references in sections 502 and 503 to 1997 and 1998
shall be deemed to refer instead to 2000 and 2001,
respectively.</DELETED>
<DELETED>Marine Mammal Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,700,000.</DELETED>
<DELETED>Securities and Exchange Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109, the
rental of space (to include multiple year leases) in the District of
Columbia and elsewhere, and not to exceed $3,000 for official reception
and representation expenses, $252,624,000 from fees collected in fiscal
year 2001 to remain available until expended, and from fees collected
in fiscal year 1999, $140,000,000, to remain available until expended;
of which not to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance at such consultations and meetings
including: (1) such incidental expenses as meals taken in the course of
such attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence: Provided,
That fees and charges authorized by sections 6(b)(4) of the Securities
Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this account as
offsetting collections.</DELETED>
<DELETED>Small Business Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 105-135,
including hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344, and not to exceed $3,500 for official reception and
representation expenses, $299,615,000 (increased by $4,479,000):
Provided, That the Administrator is authorized to charge fees to cover
the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to be available
for carrying out these purposes without further appropriations:
Provided further, That, of the funds made available under this heading,
$4,000,000 shall be for the National Veterans Business Development
Corporation established under section 33(a) of the Small Business Act
(15 U.S.C. 657c).</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $10,905,000.</DELETED>
<DELETED>business loans program account</DELETED>
<DELETED> For the cost of direct loans, $2,500,000, to be available
until expended; and for the cost of guaranteed loans, $137,800,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2002: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That during fiscal year 2001, commitments to
guarantee loans under section 503 of the Small Business Investment Act
of 1958, as amended, shall not exceed $3,750,000,000: Provided further,
That during fiscal year 2001, commitments for general business loans
authorized under section 7(a) of the Small Business Act, as amended,
shall not exceed $10,000,000,000 without prior notification of the
Committees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act: Provided further, That
during fiscal year 2001, commitments to guarantee loans under section
303(b) of the Small Business Investment Act of 1958, as amended, shall
not exceed $500,000,000.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $129,000,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.</DELETED>
<DELETED>disaster loans program account</DELETED>
<DELETED> For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $140,400,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
direct loan program, $136,000,000, which may be transferred to and
merged with appropriations for Salaries and Expenses, of which $500,000
is for the Office of Inspector General of the Small Business
Administration for audits and reviews of disaster loans and the
disaster loan program and shall be transferred to and merged with
appropriations for the Office of Inspector General; of which
$125,646,000 is for direct administrative expenses of loan making and
servicing to carry out the direct loan program; and of which $9,854,000
is for indirect administrative expenses: Provided, That any amount in
excess of $9,854,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect administrative
expenses shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.</DELETED>
<DELETED>administrative provision--small business
administration</DELETED>
<DELETED> Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.</DELETED>
<DELETED>State Justice Institute</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1992
(Public Law 102-572 (106 Stat. 4515-4516)), $4,500,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.</DELETED>
<DELETED>TITLE VI--GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized
by the Congress.</DELETED>
<DELETED> Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.</DELETED>
<DELETED> Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant
to 5 U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing
law.</DELETED>
<DELETED> Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision to
persons or circumstances other than those as to which it is held
invalid shall not be affected thereby.</DELETED>
<DELETED> Sec. 605. (a) None of the funds provided under this Act,
or provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure in
fiscal year 2001, or provided from any accounts in the Treasury of the
United States available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming of
funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices,
programs, or activities; or (6) contracts out or privatizes any
functions, or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.</DELETED>
<DELETED> (b) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2001, or provided from any accounts in the Treasury of the United
States available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as approved
by Congress; or (3) results from any general savings from a reduction
in personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.</DELETED>
<DELETED> Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located outside of
the United States.</DELETED>
<DELETED> Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available in this Act should be American-made.</DELETED>
<DELETED> (b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using funds made
available in this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice describing
the statement made in subsection (a) by the Congress.</DELETED>
<DELETED> (c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.</DELETED>
<DELETED> Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of the
Equal Employment Opportunity Commission covering harassment based on
religion, when it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).</DELETED>
<DELETED> Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made known to the
Federal official having authority to obligate or expend such funds: (1)
that the United Nations undertaking is a peacekeeping mission; (2) that
such undertaking will involve United States Armed Forces under the
command or operational control of a foreign national; and (3) that the
President's military advisors have not submitted to the President a
recommendation that such involvement is in the national security
interests of the United States and the President has not submitted to
the Congress such a recommendation.</DELETED>
<DELETED> Sec. 610. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 609 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.</DELETED>
<DELETED> (b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal year
2001.</DELETED>
<DELETED> Sec. 611. None of the funds made available in this Act
shall be used to provide the following amenities or personal comforts
in the Federal prison system--</DELETED>
<DELETED> (1) in-cell television viewing except for
prisoners who are segregated from the general prison population
for their own safety;</DELETED>
<DELETED> (2) the viewing of R, X, and NC-17 rated movies,
through whatever medium presented;</DELETED>
<DELETED> (3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;</DELETED>
<DELETED> (4) possession of in-cell coffee pots, hot plates
or heating elements; or</DELETED>
<DELETED> (5) the use or possession of any electric or
electronic musical instrument.</DELETED>
<DELETED> Sec. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA) under the
headings ``Operations, Research, and Facilities'' and ``Procurement,
Acquisition and Construction'' may be used to implement sections 603,
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that takes fully
into account opportunities for contracting for fisheries
surveys.</DELETED>
<DELETED> Sec. 613. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section
is provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.</DELETED>
<DELETED> Sec. 614. None of the funds made available in this Act to
the Federal Bureau of Prisons may be used to distribute or make
available any commercially published information or material to a
prisoner when it is made known to the Federal official having authority
to obligate or expend such funds that such information or material is
sexually explicit or features nudity.</DELETED>
<DELETED> Sec. 615. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to
an entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
insurance benefits at the time of retirement or separation as they
received while on duty.</DELETED>
<DELETED> Sec. 616. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.</DELETED>
<DELETED> Sec. 617. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the implementation
of 18 U.S.C. 922(t); and (2) any system to implement 18 U.S.C. 922(t)
that does not require and result in the destruction of any identifying
information submitted by or on behalf of any person who has been
determined not to be prohibited from owning a firearm.</DELETED>
<DELETED> Sec. 618. Notwithstanding any other provision of law,
amounts deposited in the Fund established under 42 U.S.C. 10601 in
fiscal year 2000 in excess of $575,000,000 shall not be available for
obligation until October 1, 2001.</DELETED>
<DELETED> Sec. 619. None of the funds made available to the
Department of Justice in this Act may be used to discriminate against
or denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.</DELETED>
<DELETED> Sec. 620. None of the funds appropriated in this Act shall
be available for the purpose of granting either immigrant or
nonimmigrant visas, or both, consistent with the Secretary's
determination under section 243(d) of the Immigration and Nationality
Act, to citizens, subjects, nationals, or residents of countries that
the Attorney General has determined deny or unreasonably delay
accepting the return of citizens, subjects, nationals, or residents
under that section.</DELETED>
<DELETED> Sec. 621. None of the funds made available to the
Department of Justice in this Act may be used for the purpose of
transporting an individual who is a prisoner pursuant to conviction for
crime under State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for housing
such a prisoner.</DELETED>
<DELETED> Sec. 622. 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:
Provided, That any limitation imposed under this Act on funds made
available by this Act shall not apply to activities specified in the
previous proviso related to the Kyoto Protocol which are otherwise
authorized by law.</DELETED>
<DELETED> Sec. 623. None of the funds appropriated or otherwise made
available by this Act may be used for participation by United States
delegates to the Standing Consultative Commission in any activity of
the Commission to implement the Memorandum of Understanding Relating to
the Treaty Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic Missile Systems
of May 26, 1972, entered into in New York on September 26, 1997, by the
United States, Russia, Kazakhstan, Belarus, and Ukraine.</DELETED>
<DELETED> Sec. 624. None of the funds appropriated in this Act may
be available to the Department of State to approve the purchase of
property in Arlington, Virginia by the Xinhua News Agency.</DELETED>
<DELETED>TITLE VII--RESCISSION</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>DEPARTMENT OF TRANSPORTATION</DELETED>
<DELETED>Maritime Administration</DELETED>
<DELETED>maritime guaranteed loan (title xi) program account</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Sec. 701. Of the funds provided under this heading in
Public Law 104-208, $7,644,000 are rescinded.</DELETED>
<DELETED>TITLE VIII--LIMITATIONS</DELETED>
<DELETED> Sec. 801. Of the funds appropriated in this Act under the
heading ``Federal Communications Commission'', not more than $640,000
shall be available for the Office of Media Relations of the Federal
Communications Commission.</DELETED>
<DELETED>TITLE IX--PROPERTY AND SERVICES DONATIONS TO THE BUREAU OF
PRISONS</DELETED>
<DELETED> Sec. 901. The Director of the Bureau of Prisons may accept
donated property and services relating to the operation of the Prison
Card Program from a not-for-profit entity which has operated such
program in the past, despite the fact such not-for-profit entity
furnishes services under contract to the Bureau relating to the
operation of prerelease services, halfway houses, or other custodial
facilities.</DELETED>
<DELETED> This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2001''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2001, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $83,713,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That the Attorney General is authorized to transfer, under such terms
and conditions as the Attorney General shall specify, forfeited real or
personal property of limited or marginal value, as such value is
determined by guidelines established by the Attorney General, to a
State or local government agency, or its designated contractor or
transferee, for use to support drug abuse treatment, drug and crime
prevention and education, housing, job skills, and other community-
based public health and safety programs: Provided further, That any
transfer under the preceding proviso shall not create or confer any
private right of action in any person against the United States, and
shall be treated as a reprogramming under section 605 of this Act.
joint automated booking system
For expenses necessary for the nationwide deployment of a Joint
Automated Booking System including automated capability to transmit
fingerprint and image data, $15,915,000, to remain available until
expended.
narrowband communications
For the costs of conversion to narrowband communications, including
the costs for operation and maintenance of Land Mobile Radio legacy
systems, $205,000,000, to remain available until expended.
counterterrorism fund
For necessary expenses, as determined by the Deputy Attorney
General for National Security and Intelligence, $5,000,000, to remain
available until expended, to reimburse any Department of Justice
organization for: (1) the costs incurred in reestablishing the
operational capability of an office or facility which has been damaged
or destroyed as a result of any domestic or international terrorist
incident; and (2) the costs of providing support to counter,
investigate or prosecute domestic or international terrorism, including
payment of rewards in connection with these activities: Provided, That
any Federal agency may be reimbursed for the costs of detaining in
foreign countries individuals accused of acts of terrorism that violate
the laws of the United States: Provided further, That funds provided
under this paragraph shall be available only after the Deputy Attorney
General for National Security and Intelligence notifies the Committees
on Appropriations of the House of Representatives and the Senate in
accordance with section 605 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $112,814,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $42,192,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition, lease,
maintenance, and operation of motor vehicles, without regard to the
general purchase price limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $7,380,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $494,310,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation,
$18,571,000 shall remain available until expended only for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, the United States Trustee Program, the Executive Office for
Immigration Review, the Community Relations Service, and offices funded
through ``Salaries and Expenses'', General Administration: Provided
further, That, notwithstanding any other provision of law, funds
transferred to this account as reimbursements shall be treated as a
reprogramming under section 605 of this Act and shall not be available
for obligation or expenditure except in accordance with the procedures
set forth in that section: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the United
States National Central Bureau, INTERPOL, for official reception and
representation expenses.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $95,838,000: Provided, That, notwithstanding section 3302(b) of
title 31, United States Code, not to exceed $95,838,000 of offsetting
collections derived from fees collected in fiscal year 2001 for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2001, so as to result in a final fiscal
year 2001 appropriation from the general fund estimated at not more
than $0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,159,014,000; of which not to exceed $2,500,000 shall be available
until September 30, 2002, for: (1) training personnel in debt
collection; (2) locating debtors and their property; (3) paying the net
costs of selling property; and (4) tracking debts owed to the United
States Government: Provided, That of the total amount appropriated, not
to exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not more than $579,507,000 of the funds appropriated under this heading
shall be available for obligation or expenditure until the Attorney
General establishes by plain rule that it shall be punishable conduct
for any Department of Justice employee, in the discharge of his or her
official duties, intentionally to engage in any of the actions listed
in section 114(a) of S. 1217 of the 106th Congress, as passed by the
Senate on July 22, 1999, and certifies to Congress that rules of
conduct and penalties have been established: Provided further, That not
to exceed $2,500,000 for the operation of the National Advocacy Center
shall remain available until expended: Provided further, That the
fourth proviso under the heading ``Salaries and Expenses, United States
Attorneys'' in title I of H.R. 3421 of the 106th Congress, as enacted
by section 1000(a)(1) of Public Law 106-113 shall apply to amounts made
available under this heading for fiscal year 2001: Provided further,
That, in addition to reimbursable full-time equivalent workyears
available to the Offices of the United States Attorneys, not to exceed
9,120 positions and 9,398 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the United States
Attorneys.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $127,212,000, to remain available
until expended and to be derived from the United States Trustee System
Fund: Provided, That, notwithstanding any other provision of law,
deposits to the Fund shall be available in such amounts as may be
necessary to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $127,212,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained and used
for necessary expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated from the
Fund shall be reduced as such offsetting collections are received
during fiscal year 2001, so as to result in a final fiscal year 2001
appropriation from the Fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,214,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for police-type
use, without regard to the general purchase price limitation for the
current fiscal year, $550,472,000; of which not to exceed $6,000 shall
be available for official reception and representation expenses; and of
which not to exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated prisoner
information system shall remain available until expended: Provided,
That the Marshals Service shall not provide a protective vehicle for
the Director of the Office of the National Drug Control Policy unless
the Marshals Service deems the threat level for the Director to be
high.
construction
For planning, constructing, renovating, equipping, and maintaining
United States Marshals Service prisoner-holding space in United States
courthouses and Federal buildings, including the renovation and
expansion of prisoner movement areas, elevators, and sallyports,
$25,100,000, to remain available until expended.
justice prisoner and alien transportation system fund, united states
marshals service
For expenses necessary to equip, man, operate, and maintain the
Justice Prisoner and Alien Transportation System, $84,355,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds made available under this heading may be
used for operating equipment lease agreements that do not exceed 10
years.
In addition, $13,500,000, to remain available until expended, shall
be available only for the purchase of two Sabreliner-class aircraft.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service, but not including expenses
otherwise provided for in appropriations available to the Attorney
General, $539,022,000, to remain available until expended: Provided,
That notwithstanding section 4(d) of the Service Contract Act of 1965
(41 U.S.C. 353(d)), the Marshals Service may enter into contracts and
other agreements with private entities for periods of not to exceed 3
years and 7 additional option years for the confinement of Federal
detainees.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses,
for expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $156,145,000, to
remain available until expended; of which not to exceed $6,000,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; and of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses: Provided, That, notwithstanding any other provision of law,
of the amount made available under this heading, not to exceed
$77,067,000 may be transferred to, and merged with funds in the
``Federal Prisoner Detention'' appropriations account.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$8,475,000: Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict prevention and
resolution activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F),
and (G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary expenses to process and determine claims covered by
the Radiation Exposure Compensation Act as in effect on June 1, 2000,
$2,000,000, any other claims to be tolled or barred until funds are
made legally available therefor.
payment to radiation exposure compensation trust fund
For payments from the Radiation Exposure Compensation Trust Fund of
claims covered by the Radiation Exposure Compensation Act as in effect
on June 1, 2000, $14,400,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include inter-governmental agreements
with State and local law enforcement agencies engaged in the
investigation and prosecution of individuals involved in organized
crime drug trafficking, $316,792,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures described in section 605
of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 1,236
passenger motor vehicles, of which 1,142 will be for replacement only,
without regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition, lease,
maintenance, and operation of aircraft; and not to exceed $70,000 to
meet unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $3,077,581,000; of which not to
exceed $50,000,000 for automated data processing and telecommunications
and technical investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September 30, 2002;
of which not less than $400,650,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities
related to our national security; of which not to exceed $10,000,000 is
authorized to be made available for making advances for expenses
arising out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative activities
related to violent crime, terrorism, organized crime, and drug
investigations: Provided, That not to exceed $45,000 shall be available
for official reception and representation expenses: Provided further,
That no funds in this Act may be used to provide ballistics imaging
equipment to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State or local
authority agrees to return that equipment or to repay that grant or
subsidy to the Federal Government.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects, $42,687,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to
be accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,358 passenger motor vehicles, of
which 1,079 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft,
$1,345,655,000, of which not to exceed $1,800,000 for research shall
remain available until expended, and of which not to exceed $4,000,000
for purchase of evidence and payments for information, not to exceed
$10,000,000 for contracting for automated data processing and
telecommunications equipment, and not to exceed $2,000,000 for
laboratory equipment, $4,000,000 for technical equipment, and
$2,000,000 for aircraft replacement retrofit and parts, shall remain
available until September 30, 2002; of which not to exceed $50,000
shall be available for official reception and representation expenses.
Immigration and Naturalization Service
salaries and expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed $50,000
to meet unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely under
the certificate of, the Attorney General; purchase for police-type use
(not to exceed 3,165 passenger motor vehicles, of which 2,211 are for
replacement only), without regard to the general purchase price
limitation for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance and operation of aircraft;
research related to immigration enforcement; for protecting and
maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention
Facility, $2,895,397,000, of which not to exceed $400,000 for research
shall remain available until expended; 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; and of which not to exceed
$5,000,000 is to fund or reimburse other Federal agencies for the costs
associated with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That none of the funds available to the
Immigration and Naturalization Service shall be available to pay any
employee overtime pay in an amount in excess of $20,000 during the
calendar year beginning January 1, 2001: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That
notwithstanding section 4(d) of the Service Contract Act of 1965 (41
U.S.C. 353(d)), the Immigration and Naturalization Service may enter
into contracts and other agreements with private entities for periods
of not to exceed 3 years and 7 additional option years for the
confinement of Federal detainees: Provided further, That not to exceed
$5,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed 39 permanent positions
and 39 full-time equivalent workyears and $4,284,000 shall be expended
for the Offices of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall 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 and such augmentation may not exceed 4
full-time equivalent workyears: Provided further, That the number of
positions filled through non-career appointment at the Immigration and
Naturalization Service, for which funding is provided in this Act or is
otherwise made available to the Immigration and Naturalization Service,
shall not exceed 4 permanent positions and 4 full-time equivalent
workyears.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $133,302,000, to remain
available until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 707, of which 600 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections related
issues to foreign governments, $3,573,729,000, of which $35,000,000 to
remain available until expended shall be available only for providing
transportation, guard services, and medical care outside of Federal
penal and correctional institutions to prisoners awaiting trial or
sentencing: Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System (FPS),
where necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of FPS, furnish health services to individuals
committed to the custody of FPS: Provided further, That not to exceed
$6,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $90,000,000 shall remain
available for necessary operations until September 30, 2002: Provided
further, That, of the amounts provided for Contract Confinement, not to
exceed $20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable agreements,
and other expenses authorized by section 501(c) of the Refugee
Education Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That notwithstanding section 4(d) of the Service Contract Act of 1965
(41 U.S.C. 353(d)), FPS may enter into contracts, and other agreements
with private entities, for periods of not to exceed 3 years and seven
additional option years for the confinement of Federal prisoners:
Provided further, That the Director of the Federal Prison System may
accept donated property and service relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account;
$724,389,000, to remain available until expended; of which not to
exceed $14,000,000 shall be available to construct areas for inmate
work programs; of which $8,454,000 shall be transferred to and merged
with the State and Local Law Enforcement Assistance Account of the
Office of Justice Programs, of which $7,954,000 shall be used to
construct an Alaska state prison, and $500,000 shall be used to
construct a treatment and security facility for mid-risk youth in
Southwest Colorado: Provided, That labor of United States prisoners may
be used for work performed under this appropriation: Provided further,
That not to exceed 10 percent of the funds appropriated to ``Buildings
and Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House
of Representatives and the Senate in compliance with provisions set
forth in section 605 of this Act.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase of (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,429,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired
or produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other
property belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended (``the 1968 Act''), and the Missing Children's
Assistance Act, as amended, including salaries and expenses in
connection therewith, and with the Victims of Crime Act of 1984, as
amended, $168,903,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by Public Law 102-534 (106 Stat.
3524).
In addition, for grants, cooperative agreements, and other
assistance authorized by sections 819 and 821 of the Antiterrorism and
Effective Death Penalty Act of 1996 and for other counterterrorism
programs, $257,500,000, to remain available until expended.
state and local law enforcement assistance
For assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968, as
amended (``the 1968 Act''); and the Victims of Child Abuse Act of 1990,
as amended (``the 1990 Act''), $1,475,254,000 (including amounts for
administrative costs, which shall be transferred to and merged with the
``Justice Assistance'' account), to remain available until expended as
follows:
(1) $400,000,000 for Local Law Enforcement Block Grants,
pursuant to H.R. 728 as passed by the House of Representatives
on February 14, 1995, except that for purposes of this Act, the
Commonwealth of Puerto Rico shall be considered a ``unit of
local government'' as well as a ``State'', for the purposes set
forth in paragraphs (A), (B), (D), (F), and (I) of section
101(a)(2) of H.R. 728 and for establishing crime prevention
programs involving cooperation between community residents and
law enforcement personnel in order to control, detect, or
investigate crime or the prosecution of criminals: Provided,
That no funds provided under this heading may be used as
matching funds for any other Federal grant program, of which:
(a) $70,000,000 shall be for Boys and Girls Clubs
in public housing facilities and other areas in
cooperation with State and local law enforcement:
Provided, That funds may also be used to defray the
costs of indemnification insurance for law enforcement
officers;
(b) $20,000,000 shall be available to carry out
section 102(2) of H.R. 728;
(2) $50,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration and
Nationality Act, as amended: Provided, That in fiscal year 2001
and hereafter, all funds appropriated for the State Criminal
Alien Assistance Program shall be used only for the states'
costs of incarceration of undocumented criminal aliens:
Provided further, That funding from the State Criminal Alien
Assistance Program may be used to fund no more than twenty
percent of each states' costs associated with the incarceration
of undocumented criminal aliens;
(3) $76,000,000 shall be for Violent Offender Incarceration
and Truth in Sentencing Incentive Grants pursuant to subtitle A
of title II of the 1994 Act, of which:
(a) $35,000,000 shall be available for the
Cooperative Agreement Program,
(b) $34,000,000 shall be reserved by the Attorney
General for fiscal year 2001 under section 20109(a) of
subtitle A of title II of the 1994 Act,
(c) $7,000,000 shall be for an offender reentry
demonstration program;
(4) $5,000,000 for the Tribal Courts Initiative;
(5) $452,000,000 for programs authorized by part E of title
I of the 1968 Act, of which $15,000,000 is for Project
HomeSafe, notwithstanding the provisions of section 511 of said
Act, including:
(a) $52,000,000 for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, of which, $4,500,000 shall be for
the Executive Office of the United States Attorneys to
support the National District Attorneys Association's
participation in legal education training at the
National Advocacy Center;
(6) $11,500,000 for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act;
(7) $2,000,000 for Child Abuse Training Programs for
Judicial Personnel and Practitioners, as authorized by section
224 of the 1990 Act;
(8) $207,554,000 for Grants to Combat Violence Against
Women, to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(18) of the 1968
Act, including:
(a) $28,000,000 to be used exclusively for the
purpose of strengthening civil legal assistance
programs for victims of domestic violence,
(b) $5,200,000 for the National Institute of
Justice for research and evaluation of violence against
women,
(c) $11,000,000 for the Office of Juvenile Justice
and Delinquency Prevention for the Safe Start Program,
to be administered as authorized by part C of the
Juvenile Justice and Delinquency Act of 1974, as
amended, and
(d) $11,000,000 which shall be used exclusively for
violence on college campuses;
(9) $33,500,000 for Grants to Encourage Arrest Policies to
States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968
Act;
(10) $24,500,000 for Rural Domestic Violence and Child
Abuse Enforcement Assistance Grants, as authorized by section
40295 of the 1994 Act;
(11) $4,900,000 for training programs to assist probation
and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects;
(12) $900,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act;
(13) $63,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by section
1001(a)(17) of the 1968 Act;
(14) $900,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(15) $40,000,000 for Drug Courts, as authorized by title V
of the 1994 Act;
(16) $1,500,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968 Act;
(17) $2,000,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(18) $100,000,000 shall be for Juvenile Accountability
Incentive Block Grants, except that such funds shall be subject
to the same terms and conditions as set forth in the provisions
under this heading for this program in Public Law 105-119, but
all references in such provisions to 1998 shall be deemed to
refer instead to 2001:
Provided further, That funds made available in fiscal year 2001 under
subpart 1 of part E of title I of the 1968 Act may be obligated for
programs to assist States in the litigation processing of death penalty
Federal habeas corpus petitions and for drug testing initiatives:
Provided further, That, if a unit of local government uses any of the
funds made available under this title to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform
nonadministrative public safety service: Provided further, That
balances for these programs may be transferred from the Violent Crime
Reduction Programs, State and Local Law Enforcement Assistance account
to this account.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $40,000,000, to remain available until expended,
for inter-governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law enforcement
agencies, non-profit organizations, and agencies of local government,
engaged in the investigation and prosecution of violent crimes and drug
offenses in ``Weed and Seed'' designated communities, and for either
reimbursements or transfers to appropriation accounts of the Department
of Justice and other Federal agencies which shall be specified by the
Attorney General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language for other
Department of Justice appropriation accounts for ``Weed and Seed''
program activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ``Weed and
Seed'' program activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $812,025,000, to remain available
until expended, of which $130,000,000 shall be available to the Office
of Justice Programs to carry out section 102 of the Crime
Identification Technology Act of 1998 (42 U.S.C. 14601), of which
$33,000,000 is for grants to upgrade criminal records, as authorized by
section 106(b) of the Brady Handgun Violence Prevention Act of 1993, as
amended, and section 4(b) of the National Child Protection Act of 1993,
of which $20,000,000 is for the National Institute of Justice to
develop school safety technologies, and of which $30,000,000 shall be
for State and local DNA laboratories as authorized by section
1001(a)(22) of the 1968 Act, as well as for improvements to the State
and local forensic laboratory general forensic science capabilities and
to reduce their DNA convicted offender database sample backlog; of
which $403,000,000 is for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act, of which $180,000,000 shall be
available for school resource officers; of which $20,000,000 shall be
used to improve tribal law enforcement including equipment and
training; of which $41,700,000 shall be used for policing initiatives
to combat methamphetamine production and trafficking and to enhance
policing initiatives in drug ``hot spots''; of which $100,000,000 shall
be used for a law enforcement technology program, $26,000,000 shall be
used for the Matching Grant Program for Law Enforcement Armor Vests
pursuant to section 2501 of part Y of the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''), as amended, $29,500,000
shall be used for Police Corps education, training, and service as set
forth in sections 200101-200113 of the 1994 Act; and $15,000,000 shall
be used to combat violence in schools: Provided, That of the amount
provided for Public Safety and Community Policing Grants, not to exceed
$29,825,000 shall be expended for program management and
administration: Provided further, That of the unobligated balances
available in this program, $20,000,000 shall be available to improve
tribal law enforcement including equipment and training.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, (``the Act''), including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $271,597,000, to remain
available until expended, as authorized by section 299 of part I of
title II and section 506 of title V of the Act, as amended by Public
Law 102-586, of which: (1) notwithstanding any other provision of law,
$6,847,000 shall be available for expenses authorized by part A of
title II of the Act, $89,000,000 shall be available for expenses
authorized by part B of title II of the Act, and $42,750,000 shall be
available for expenses authorized by part C of title II of the Act:
Provided, That $26,500,000 of the amounts provided for part B of title
II of the Act, as amended, is for the purpose of providing additional
formula grants under part B to States that provide assurances to the
Administrator that the State has in effect (or will have in effect no
later than 1 year after date of application) policies and programs,
that ensure that juveniles are subject to accountability-based
sanctions for every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be available for expenses authorized by sections 281
and 282 of part D of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $10,000,000 shall be available
for expenses authorized by section 285 of part E of title II of the
Act; (4) $16,000,000 shall be available for expenses authorized by part
G of title II of the Act for juvenile mentoring programs; and (5)
$95,000,000 shall be available for expenses authorized by title V of
the Act for incentive grants for local delinquency prevention programs;
of which $12,500,000 shall be for delinquency prevention, control, and
system improvement programs for tribal youth; of which $25,000,000
shall be available for grants of $360,000 to each State and $6,640,000
shall be available for discretionary grants to States, for programs and
activities to enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alcoholic
beverages by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance and
training; and of which $15,000,000 shall be available for the Safe
Schools Initiative: Provided further, That upon the enactment of
reauthorization legislation for Juvenile Justice Programs under the
Juvenile Justice and Delinquency Prevention Act of 1974, as amended,
funding provisions in this Act shall from that date be subject to the
provisions of that legislation and any provisions in this Act that are
inconsistent with that legislation shall no longer have effect:
Provided further, That of amounts made available under the Juvenile
Justice Programs of the Office of Justice Programs to carry out part B
(relating to Federal Assistance for State and Local Programs), subpart
II of part C (relating to Special Emphasis Prevention and Treatment
Programs), part D (relating to Gang-Free Schools and Communities and
Community-Based Gang Intervention), part E (relating to State Challenge
Activities), and part G (relating to Mentoring) of title II of the
Juvenile Justice and Delinquency Prevention Act of 1974, and to carry
out the At-Risk Children's Program under title V of that Act, not more
than 10 percent of each such amount may be used for research,
evaluation, and statistics activities designed to benefit the programs
or activities authorized under the appropriate part or title, and not
more than 2 percent of each such amount may be used for training and
technical assistance activities designed to benefit the programs or
activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $8,100,000, to remain available until expended, as
authorized by section 214B of the Act.
public safety officers benefits
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340): Provided,
That of the unobligated balances available in this program, $1,600,000
shall be used for disability payments.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $45,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses in accordance with
distributions, procedures, and regulations established by the Attorney
General.
Sec. 102. Hereafter, authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980 (Public Law
96-132; 93 Stat. 1040 (1979)), as amended, shall remain in effect.
Sec. 103. Sections 110 and 641 of division C of Public Law 104-208
are repealed.
Sec. 104. Section 245(i) of the Immigration and Nationality Act (8
U.S.C. 1255(i)) is amended--
(1) in paragraph (1), by amending the first sentence to
read as follows: ``Notwithstanding the provisions of
subsections (a) and (c) of this section, an alien physically
present in the United States who--
``(A) entered the United States without inspection;
or
``(B) is within one of the classes enumerated in
subsection (c) of this section, may apply to the
Attorney General for the adjustment of his or her
status to that of an alien lawfully admitted for
permanent residence.''; and
(2) by amending paragraph (3)(B) to read as follows:
``(B) One-half of any remaining portion of such fees remitted under
such paragraphs shall be deposited by the Attorney General into the
Immigration Examination Fee Account established under section 286(m),
and one-half of any remaining portion of such fees shall be deposited
by the Attorney General into the Breached Bond/Detention Fund
established under section 286(r).''.
Sec. 105. Notwithstanding any other provision of law, payments made
during fiscal year 2001 resulting from Doe v. United States [docket
#98-896C], before the Court of Federal Claims, shall only be paid from
appropriations made available under the headings ``Salaries and
Expenses, General Legal Activities'' and ``Salaries and Expenses,
United States Attorneys'' in title I of this Act.
Sec. 106. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to
establish and publicize a program under which publicly advertised,
extraordinary rewards may be paid, which shall not be subject to
spending limitations contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000 or more, up
to a maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such approval may
not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. (a) Notwithstanding any other provision of law, for
fiscal year 2001, the Assistant Attorney General for the Office of
Justice Programs of the Department of Justice--
(1) may make grants, or enter into cooperative agreements
and contracts, for the Office of Justice Programs and the
component organizations of that Office; and
(2) shall have final authority over all grants, cooperative
agreements and contracts made, or entered into, for the Office
of Justice Programs and the component organizations of that
Office, except for grants made under the provisions of sections
201, 202, 301, and 302 of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended; and sections 204(b)(3),
241(e)(1), 243(a)(1), 243(a)(14) and 287A(3) of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended.
Sec. 109. Section 108 of the Department of Justice and Related
Agencies Appropriations Act, 1994 (Public Law 103-121), is amended--
(a) in the first sentence, by inserting before the period:
``, except that, for fiscal year 2001 and thereafter, the
Attorney General may credit up to six percent of all amounts
collected''; and
(b) in the second sentence--
(1) by striking ``only'' and inserting ``first'';
and
(2) by inserting before the period: ``, and
thereafter for other personnel, administrative, and litigation expenses
of civil debt collection litigation activities''.
Sec. 110. Section 1402(d)(3) of Public Law 98-473 is amended by
inserting ``and the Federal Bureau of Investigation'' after ``United
States Attorneys Offices''.
Sec. 111. Section 223(a)(14) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14)) is amended
by striking ``twenty-four'' and inserting ``48''.
Sec. 112. Beginning in fiscal year 2001 and thereafter, funds
appropriated to the Federal Prison System may be used to place in
privately operated prisons only such persons sentenced to incarceration
under the District of Columbia Code as the Director, Bureau of Prisons,
may determine to be appropriate for such placement consistent with
Federal classification standards, after consideration of all relevant
factors, including the threat of danger to public safety.
Sec. 113. (a) Hereafter, none of the funds made available by this
or any other Act may be used to pay premium pay under title 5, United
States Code, sections 5542-5549, to any individual employed as an
attorney, including an Assistant United States Attorney, in the
Department of Justice for any work performed on or after the date of
the enactment of this Act.
(b) Hereafter, notwithstanding any other provision of law, neither
the United States nor any individual or entity acting on its behalf
shall be liable for premium pay under title 5, United States Code,
sections 5542-5549, for any work performed on or after the date of the
enactment of this Act by any individual employed as an attorney in the
Department of Justice, including an Assistant United States Attorney.
Sec. 114. Notwithstanding any other provision of law, $1,000,000
shall be available for technical assistance from the funds appropriated
for part G of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended.
Sec. 115. Of the discretionary funds appropriated to the Edward
Byrne Memorial State and Local Law Enforcement Assistance Program in
fiscal year 2000, $1,000,000 shall be transferred to the Violent
Offender Incarceration and Truth In Sentencing Incentive Grants Program
to be used for the construction costs of the Hoonah Spirit Camp, as
authorized under section 20109(a) of subtitle A of title II of the 1994
Act.
Sec. 116. Notwithstanding any other provision of law, for fiscal
2001 and hereafter, with respect to any grant program for which amounts
are made available under this title, no grant funds may be made
available to any local jail that runs ``pay-to-stay programs.''
This title may be cited as the ``Department of Justice
Appropriations Act, 2001''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$29,600,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $49,100,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $30,000 per vehicle; obtain insurance on official motor
vehicles; and rent tie lines and teletype equipment, $318,686,000, to
remain available until expended, of which $3,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That of the
$318,686,000 provided for in direct obligations (of which $315,686,000
is appropriated from the general fund, $3,000,000 is derived from fee
collections, $65,347,000 shall be for Trade Development, $25,655,000
shall be for Market Access and Compliance, $40,645,000 shall be for the
Import Administration, $170,715,000 shall be for the United States and
Foreign Commercial Service, and $16,324,000 shall be for Executive
Direction and Administration: Provided further, That any additional
funds above the amount provided in this section to carry out the
functions under Executive Direction and Administration may only be made
available by written request to and approval by the Committees on
Appropriations of the United States Senate and the House of
Representatives: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act
shall include payment for assessments for services provided as part of
these activities.
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b);
purchase of passenger motor vehicles for official use and motor
vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law, $61,037,000, to remain available until expended, of
which $4,250,000 shall be for inspections and other activities related
to national security: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, and for
trade adjustment assistance, $218,000,000 to be made available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $31,542,000: Provided, That
these funds may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, as amended, title II of
the Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $27,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$53,992,000, to remain available until September 30, 2002.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$158,386,000.
periodic censuses and programs
For necessary expenses to conduct periodic censuses and programs
and to collect and publish statistics for these programs as provided by
law, $535,224,000 to remain available until expended: Provided, That of
the funds provided herein for engineering and design of a facility at
the Suitland Federal Center, quarterly reports regarding the
expenditure of funds and project planning, design and cost decisions
shall be provided by the Bureau, in cooperation with the General
Services Administration, to the Committees on Appropriations of the
Senate and the House of Representatives.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $11,437,000,
to remain available until expended: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to remain
available until expended: Provided further, That hereafter,
notwithstanding any other provision of law, NTIA shall not authorize
spectrum use or provide any spectrum functions pursuant to the National
Telecommunications and Information Administration Organization Act, 47
U.S.C. 902-903, to any Federal entity without reimbursement as required
by NTIA for such spectrum management costs, and Federal entities
withholding payment of such cost shall not use spectrum: Provided
further, That the Secretary of Commerce is authorized to retain and use
as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred in
telecommunications research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in furtherance of its
assigned functions under this paragraph, and such funds received from
other Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $50,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,800,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided
further, That, of the funds appropriated herein, not to exceed 5
percent may be available for telecommunications research activities for
projects related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the
requirements of sections 392(a) and 392(c) of the Act, these funds may
be used for the planning and construction of telecommunications
networks for the provision of educational, cultural, health care,
public information, public safety, or other social services: Provided
further, That notwithstanding any other provision of law, no entity
that receives telecommunications services at preferential rates under
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance
under the regional information sharing systems grant program of the
Department of Justice under part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds
under a grant under this heading to cover any costs of the entity that
would otherwise be covered by such preferential rates or such
assistance, as the case may be: Provided further, That the
Administrator shall, after consultation with other federal departments
and agencies responsible for regulating the core operations of entities
engaged in the provision of energy, water and railroad services,
complete and submit to Congress, not later than twelve months after
date of enactment of this subsection, a study of the current and future
use of spectrum by these entities to protect and maintain the nation's
critical infrastructure: Provided further, That within six months after
the release of this study, the Chairman of the Federal Communications
Commission shall submit a report to Congress on the actions that could
be taken by the Commission to address any needs identified in the
Administrator's study.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $783,843,000, to remain
available until expended: Provided, That of this amount, $783,843,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the general
fund shall be reduced as such offsetting collections are received
during fiscal year 2001, so as to result in a final fiscal year 2001
appropriation from the general fund estimated at $0: Provided further,
That, during fiscal year 2001, should the total amount of offsetting
fee collections be less than $783,843,000, the total amounts available
to the Patent and Trademark Office shall be reduced accordingly:
Provided further, That any amount received in excess of $783,843,000 in
fiscal year 2001, and less than $1,072,000,000, shall not be available
for obligation: Provided further, That any amount received in excess of
$1,072,000,000 in fiscal year 2001 is available for obligation and
shall remain available until expended: Provided further, That not to
exceed $254,889,000 from fees collected in fiscal year 2000 shall be
made available for obligation in fiscal year 2001.
Science and Technology
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Undersecretary for Technology/Office
of Technology Policy, $8,216,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $305,003,000, to remain available until expended, of which
not to exceed $6,200,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership
of the National Institute of Standards and Technology, $109,137,000, to
remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$153,600,000, to remain available until expended, of which not to
exceed $65,000,000 shall be available for the award of new grants.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$28,879,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft; grants, contracts, or other payments
to nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities as
authorized by 33 U.S.C. 883i, $1,958,046,000, to remain available until
expended: Provided, That fees and donations received by the National
Ocean Service for the management of the national marine sanctuaries may
be retained and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $72,828,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'': Provided further, That grants to
States pursuant to sections 306 and 306A of the Coastal Zone Management
Act of 1972, as amended, shall not exceed $2,000,000: Provided further,
That any person or entity who has a lawsuit pending against the agency
or who files a lawsuit against the agency or the Department of Commerce
during this fiscal year, shall be eligible to receive any payments or
reimbursements for any purpose during fiscal year 2001 from funds made
available under this Act only upon notification consistent with Section
605 of this Act: Provided further, That the Secretary may proceed as he
deems necessary to have the National Oceanic and Atmospheric
Administration occupy and operate its research facilities which are
located at Lafayette, Louisiana.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $669,542,000, to remain available until
expended: Provided, That unexpended balances of amounts previously made
available in the ``Operations, Research, and Facilities'' account for
activities funded under this heading may be transferred to and merged
with this account, to remain available until expended for the purposes
for which the funds were originally appropriated.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations and the implementation of the 1999 Pacific Salmon
Treaty Agreement between the United States and Canada, $58,000,000.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,200,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and
315(e) of such Act.
promote and develop fishery products and research pertaining to
american fisheries
fisheries promotional fund
(rescission)
All unobligated balances available in the Fisheries Promotional
Fund are rescinded: Provided, That all obligated balances are
transferred to the ``Operations, Research, and Facilities'' account.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $953,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $191,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used
for direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
Departmental Management
salaries and expenses
For expenses necessary for the Departmental management of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $48,140,000, of which: $32,340,000
shall be for salaries and expenses; $5,800,000 shall be for wiring the
Department; and $10,000,000 shall be for security.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504),
$19,000,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such payments
are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that
are under the control of the United States Air Force or the United
States Air Force Reserve.
Sec. 204. None of the funds provided in this or any previous Act,
or hereinafter made available to the Department of Commerce, shall be
available to reimburse the Unemployment Trust Fund or any other fund or
account of the Treasury to pay for any expenses authorized by section
8501 of title 5, United States Code, for services performed by
individuals appointed to temporary positions within the Bureau of the
Census for purposes relating to the decennial censuses of population.
Sec. 205. Not to exceed 10 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 20 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 207. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 208. The Secretary of Commerce may use the Commerce franchise
fund for expenses and equipment necessary for the maintenance and
operation of such administrative services as the Secretary determines
may be performed more advantageously as central services, pursuant to
section 403 of Public Law 103-356: Provided, That any inventories,
equipment, and other assets pertaining to the services to be provided
by such fund, either on hand or on order, less the related liabilities
or unpaid obligations, and any appropriations made for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available
to the department and other Federal agencies for which such centralized
services are performed, at rates which will return in full all expenses
of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the
Secretary: Provided further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to exceed 4
percent of the total annual income to such fund may be retained in the
fund for fiscal year 2001 and each fiscal year thereafter, to remain
available until expended, to be used for the acquisition of capital
equipment, and for the improvement and implementation of department
financial management, ADP, and other support systems: Provided further,
That such amounts retained in the fund for fiscal year 2000 and each
fiscal year thereafter shall be available for obligation and
expenditure only in accordance with section 605 of this Act: Provided
further, That no later than 30 days after the end of each fiscal year,
amounts in excess of this reserve limitation shall be deposited as
miscellaneous receipts in the Treasury: Provided further, That such
franchise fund pilot program shall terminate pursuant to section 403(f)
of Public Law 103-356.
Sec. 209. Notwithstanding any other provision of law, of the
amounts made available elsewhere in this title to the ``National
Institute of Standards and Technology, Construction of Research
Facilities'', $4,000,000 is appropriated to the Institute at Saint
Anselm College and $4,000,000 is appropriated to fund a cooperative
agreement with the Medical University of South Carolina.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2001''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $37,591,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $7,530,000, of which
$4,460,000 shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $17,930,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$12,456,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,359,725,000 (including the purchase of
firearms and ammunition); of which not to exceed $17,817,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,602,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution
of penal sentences; and the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d), $416,368,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $59,567,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection
of packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $199,575,000, of which not to exceed
$10,000,000 shall remain available until expended for security systems,
to be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering elements of the
Judicial Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $50,000,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $19,215,000; of which $1,800,000 shall
remain available through September 30, 2002, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $8,100,000; and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $9,931,000, of which not
to exceed $1,000 is authorized for official reception and
representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 10 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 20 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Pursuant to section 140 of Public Law 97-92, Justices and
judges of the United States are authorized during fiscal year 2001, to
receive a salary adjustment in accordance with 28 U.S.C. 461: Provided,
That $8,801,000 is appropriated for salary adjustments pursuant to this
section and such funds shall be transferred to and merged with
appropriations in title III of this Act.
Sec. 305. (a) In General.--Section 501 of the Ethics in Government
Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Honorarium shall not be included in outside earned
income.'';
(2) in subsection (b), by adding at the end the following:
``This subsection shall not apply to any individual while that
individual is a justice or judge of the United States.''; and
(3) in subsection (c)--
(A) by inserting ``(1)'' before ``Any honorarium'';
and
(B) by adding at the end the following:
(2) Notwithstanding paragraph (1), any honorarium which
might be paid to a justice or judge of the United States but
which is paid instead on behalf of such justice or judge to a
charitable organization, shall be deemed not to be received by
such justice or judge. No such payment shall be made to a
charitable organization from which the justice or judge or a
parent, sibling, spouse, child, or dependent relative of such
justice or judge derives any financial benefit.''.
(b) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Judicial Conference of the United States
shall promulgate regulations under section 503 of the Ethics in
Government Act of 1978 (5 U.S.C. App.) to carry out the amendments made
by this section, including any regulation relating to any limitation on
amounts of honoraria or payments made to charitable organizations in
lieu of honoraria.
(c) Effective Date.--
(1) In general.--Subsection (a) shall take effect 90 days
after the date of enactment of this Act.
(2) Regulations.--Subsection (b) shall take effect on the
date of enactment of this Act.
This title may be cited as ``The Judiciary Appropriations Act,
2001''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation),
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
arms control, nonproliferation and disarmament activities, acquisition
by exchange or purchase of passenger motor vehicles as authorized by
law, and for expenses of general administration, $2,875,758,000:
Provided, That, of the amount made available under this heading, not to
exceed $4,000,000 may be transferred to, and merged with, funds in the
``Emergencies in the Diplomatic and Consular Service'' appropriations
account, to be available only for emergency evacuations and terrorism
and war crime rewards, including rewards to individuals for information
leading to the arrest and conviction of Rwandan war criminals: Provided
further, That, in fiscal year 2001 and hereafter, all receipts
collected from individuals for assistance in the preparation and filing
of an affidavit of support pursuant to section 213A of the Immigration
and Nationality Act shall be deposited into this account as an
offsetting collection and shall remain available until expended:
Provided further, That no employee of the State Department shall be
detailed to a Senior Executive Service position in another agency,
organization, or institution on a reimbursable or non-reimbursable
basis for a total of more than two years in any five year period:
Provided further, That any employee on detail in a Senior Executive
Service position as of the date of enactment of this Act who has served
in such position for a total of more than two years in the five year
period immediately preceding such date shall terminate the employee's
detail not later than three months after such date: Provided further,
That of the amount made available under this heading, $5,000,000 shall
be available only for the reimbursement of costs incurred by the City
of Seattle, Washington, as host of the Third World Trade Organization
Ministerial Conference: Provided further, That of the amount made
available under this heading, $1,000,000 shall be available only for
the Ambassador's Fund for Cultural Preservation: Provided further, That
of the amount made available under this heading, $10,000,000 shall be
available only for overseas continuing language education: Provided
further, That of the amount made available under this heading,
$12,500,000 shall be available only for the East-West Center: Provided
further, That of the amount made available under this heading,
$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: Provided further,
That, notwithstanding any other provision of law, not to exceed
$267,000,000 derived from fees collected under the authority of section
140(a)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 during fiscal year 2001 shall be retained and used for
authorized expenses in this appropriation and shall remain available
until expended: Provided further, That any fees collected in excess of
$267,000,000 in fiscal year 2001 shall be deposited into the Treasury
pursuant to 31 U.S.C. 3302: Provided further, That of the amount made
available under this heading, $60,000,000 shall only be available to
implement the 1999 Pacific Salmon Treaty Agreement, of which
$20,000,000 shall be deposited in the Northern Boundary and
Transboundary Rivers Restoration and Enhancement Fund, of which
$20,000,000 shall be deposited in the Southern Boundary Restoration and
Enhancement Fund, and of which $20,000,000 shall be for a direct
payment to the State of Washington for obligations under the 1999
Pacific Salmon Treaty Agreement: Provided further, That of the amount
made available under this heading, not less than $9,000,000 shall be
available for the Office of Defense Trade Controls: Provided further,
That no funds may be obligated or expended for processing licenses for
the export of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic of China,
unless, at least 15 days in advance, the Committees on Appropriations
of the House of Representatives and the Senate are notified of such
proposed action: Provided further, That for expenses, not otherwise
provided for, necessary for the Secretary of State to meet the
requirements to respond to an international terrorist event, for the
Office of the Coordinator for Counterterrorism, $450,000 for operating
expenses; $450,000 for management, training, exercises, and equipment
of the Foreign Emergency Support Team; and $400,000 for the preparation
of a comprehensive study on the U.S. government's response to an
international WMD terrorist incident: Provided further, That the study
in the previous proviso shall be conducted jointly with the Department
of Justice, Office of Justice Programs, Office of State and Local
Domestic Preparedness Support and shall be submitted to the
Appropriations Committees by March 30, 2001.
In addition, not to exceed $1,252,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act, as amended; in addition, as authorized by
section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; in addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be credited to this appropriation
from fees or other payments received from English teaching, library,
motion pictures, and publication programs, and from fees from
educational advising and counseling, and exchange visitor programs;
and, in addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$272,736,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$104,000,000, to remain available until expended: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading: Provided further, That, hereafter, notwithstanding
any other provision of law, in the event that the Diplomatic
Telecommunications Service--Program Office is abolished or joint
management or operation dissolved, the Department of State thereafter
shall assume sole ownership and control of the headquarters, and all
assets and equipment, commercially-leased circuitry (satellite and
terrestrial), common transmission facility equipment, associated
baseband transmission and terminal equipment, and all relay equipment,
facilities, and locations directly or indirectly owned or controlled by
the Diplomatic Telecommunications Service--Program Office as of the
date that is thirty days prior to the abolition or dissolution of joint
management or operation of that office.
office of inspector general
For necessary expenses of the Office of Inspector General,
$29,395,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980, as amended (Public Law 96-465), as it relates to post
inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
$225,000,000: Provided, That not to exceed $800,000, to remain
available until expended, may be credited to this appropriation from
fees or other payments received from or in connection with English
teaching and educational advising and counseling programs.
representation allowances
For representation allowances, $6,773,000: Provided, That in fiscal
year 2001 and thereafter reimbursements for services provided to the
press in connection with the travel of senior-level officials may be
collected and credited to this appropriation and shall remain available
until expended.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, $10,490,000, to
remain available until September 30, 2002.
embassy security, construction, and maintenance
For necessary expenses for, preserving, maintaining, repairing, and
planning for, buildings that are owned or directly leased by the
Department of State, renovating, in addition to funds otherwise
available, the Main State Building and Centers for Antiterrorism and
Security Training, and carrying out the Diplomatic Security
Construction Program, $417,104,000, to remain available until expended,
of which not to exceed $25,000 may be used for domestic and overseas
representation: Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and agencies: Provided
further, That the proceeds from the sale of the diplomatic facility in
the Republic of Korea known as ``Compound II'' shall be available only
for the site acquisition and preparation, design, or construction of
diplomatic facilities, housing, or Marine security guard quarters in
the Republic of Korea.
In addition, for the costs of worldwide security upgrades,
$364,900,000, to remain available until expended.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$11,000,000, to remain available until expended, of which not to exceed
$1,000,000 may be transferred to and merged with the Repatriation Loans
Program Account, subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $593,000: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974. In addition, for
administrative expenses necessary to carry out the direct loan program,
$607,000, which may be transferred to and merged with the Diplomatic
and Consular Programs account under Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8, $16,345,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $131,224,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties, ratified pursuant to the advice and consent of
the Senate, conventions or specific Acts of Congress, $879,144,000:
Provided, That any payment of arrearages under this title shall be
directed toward special activities that are mutually agreed upon by the
United States and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings: Provided
further, That funds appropriated under this paragraph may be obligated
and expended to pay the full United States assessment to the civil
budget of the North Atlantic Treaty Organization.
In addition, for the United States share of the new North Atlantic
Treaty Organization headquarters, $64,800,000, to remain available
until expended.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $500,000,000, to
remain available until expended: Provided, That none of the funds made
available under this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least 15 days
in advance of voting for the new or expanded mission in the United
Nations Security Council (or in an emergency, as far in advance as is
practicable): (1) the Committees on Appropriations of the House of
Representatives and the Senate and other appropriate committees of the
Congress are notified of the estimated cost and length of the mission,
the vital national interest that will be served, and the planned exit
strategy; and (2) a reprogramming of funds pursuant to section 605 of
this Act is submitted, and the procedures therein followed, setting
forth the source of funds that will be used to pay for the cost of the
new or expanded mission: Provided further, That funds shall be
available for peacekeeping expenses only upon a certification by the
Secretary of State to the appropriate committees of the Congress that
American manufacturers and suppliers are being given opportunities to
provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
made available under this heading are available to pay the United
States share of the cost of court monitoring that is part of any United
Nations peacekeeping mission.
arrearage payments
For an additional amount for payment of contested arrearages to
meet obligations of authorized membership in international multilateral
organizations or to pay assessed expenses of international peacekeeping
activities, $102,000,000, to remain available until expended: Provided,
That none of the funds appropriated or otherwise made available under
this heading may be obligated or expended until (1) the certification
described in section 941 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as
contained in Public Law 106-113) has been made; (2) the Secretary of
State has submitted to Congress a report setting forth the terms of a
final settlement on all disputed United States arrearages to the United
Nations, United Nations affiliated agencies, and other international
organizations; and (3) there is enacted a bill or joint resolution
approving the report submitted under clause (2).
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $7,142,000.
construction
For detailed plan preparation and construction of authorized
projects, $26,747,000, to remain available until expended.
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$6,741,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $19,392,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2001, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2001, to remain available until expended.
east-west center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$13,500,000, notwithstanding any other provision of law: Provided, That
none of the funds appropriated herein shall be used to pay any salary,
or enter into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
national endowment for democracy
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment for
Democracy Act, $30,999,000, to remain available until expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors to carry out international communication activities,
$388,421,000, of which not to exceed $16,000 may be used for official
receptions within the United States, not to exceed $35,000 may be used
for representation abroad, and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other provision of
law, not to exceed $2,000,000 in receipts from advertising and revenue
from business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed $1,000,000
in receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.
broadcasting to cuba
For necessary expenses, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $22,095,000, to remain
available until expended: Provided, That funds may be used to purchase
or lease, maintain, and operate such aircraft (including aerostats) as
may be required to house and operate necessary television broadcasting
equipment.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and
reception, $29,060,000, to remain available until expended.
In addition, for the costs of overseas security upgrades,
$2,015,000, to remain available until expended.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials, for
services, and for hire of passenger transportation.
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. (a)(1) Notwithstanding any other provision of law, the
Secretary of State is authorized to establish by regulation a fee to be
charged and collected with applications for export licenses for
munitions, satellites, and related items on the United States Munitions
List controlled under section 38 of the Arms Export Control Act.
(2) The fee established under paragraph (1) may be set at a level
that would ensure the recovery of the full costs of providing the
services of the Office of Defense Trade Controls of the Department of
State, including the recovery of any additional costs associated with
the administration by the Office of the fees charged and collected
under paragraph (1).
(b) That, in fiscal year 2001 and each fiscal year thereafter, all
fees charged and collected under paragraph (1) shall be retained and
deposited as an offsetting collection to any Department of State
appropriation to recover all costs associated with the administration
of the defense export control regime, and shall remain available until
expended.
Sec. 404. None of the funds made available in this Act may be used
by the Department of State or the Broadcasting Board of Governors to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. 405. None of the funds appropriated or otherwise made
available in this Act for the United Nations may be used by the United
Nations for the promulgation or enforcement of any treaty, resolution,
or regulation authorizing the United Nations, or any of its specialized
agencies or affiliated organizations, to tax any aspect of the
Internet.
Sec. 406. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 2001 or any
fiscal year thereafter may be obligated or expended for the operation
of a United States consulate or diplomatic facility in Jerusalem unless
such consulate or diplomatic facility is under the supervision of the
United States Ambassador to Israel.
Sec. 407. None of the funds appropriated or otherwise made
available by this Act or any other Act for fiscal year 2001 or any
fiscal year thereafter may be obligated or expended for the publication
of any official Government document which lists countries and their
capital cities unless the publication identifies Jerusalem as the
capital of Israel.
Sec. 408. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
Sec. 409. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to allow for the entry into, or withdrawal from warehouse
for consumption in the United States of diamonds if the country of
origin in which such diamonds were mined (as evidenced by a legible
certificate of origin) is the Republic of Sierra Leone, the Republic of
Liberia, the Republic of Cote d'Ivoire, Burkina Faso, the Democratic
Republic of the Congo, or the Republic of Angola with the exception of
diamonds certified by the lawful governments of the Republic of Sierra
Leone, the Democratic Republic of the Congo, or the Republic of Angola.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2001''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $98,700,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $80,240,000.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $20,221,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $4,179,000, which shall be
transferred to and merged with the appropriation for Operations and
Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to
the appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $490,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,900,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further,
That none of the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days.
Commission on Ocean Policy
salaries and expenses
For the necessary expenses of the Commission on Ocean Policy,
pursuant to S. 2327 as passed the Senate, $1,000,000, to remain
available until expended: Provided, That the Commission shall present
to the Congress within 18 months of appointment its recommendations for
a national ocean policy.
Commission on Security and Cooperation In Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $1,370,000,
to remain available until expended as authorized by section 3 of Public
Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $31,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6
and 14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$294,800,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception
and representation expenses; purchase (not to exceed 16) and hire of
motor vehicles; special counsel fees; and services as authorized by 5
U.S.C. 3109, $237,188,000, of which not to exceed $300,000 shall remain
available until September 30, 2002, for research and policy studies:
Provided, That $200,146,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications
Act of 1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2001 so as to result in a final fiscal year 2001 appropriation
estimated at $37,042,000: Provided further, That no amount appropriated
under this Act may be obligated or expended by the Federal
Communications Commission to grant or transfer a license or
authorization under section 310(b)(4) of the Communications Act of 1934
(47 U.S.C. 310(b)(4)) or section 90.115 of the Commissions regulations
(47 C.F.R. 90.115) to a corporation of which more than 25 percent of
the stock is directly or indirectly owned or voted by a foreign
government or its representatives.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, $16,222,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $157,600,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or
persons for collection services in accordance with the terms of 31
U.S.C. 3718, as amended: Provided further, That, notwithstanding
section 3302(b) of title 31, United States Code, not to exceed
$157,600,000 of offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2000, so as to result in a
final fiscal year 2000 appropriation from the general fund estimated at
not more than $0, to remain available until expended: Provided further,
That section 605 of Public Law 101-162 (15 U.S.C. section 18a note), as
amended, is further amended (1) by striking ``$45,000 which'' and
inserting: ``(a) $45,000, if as a result of the acquisition, the
acquiring person would hold an aggregate total amount of the voting
securities and assets of the acquired person in excess of $35,000,000
but not exceeding $99,999,999; (b) $100,000, if as a result of the
acquisition, the acquiring person would hold an aggregate total amount
of the voting securities and assets of the acquired person equal to or
in excess of $100,000,000 but not exceeding $199,999,999; or (c)
$200,000, if as a result of the acquisition, the acquiring person would
hold an aggregate total amount of the voting securities and assets of
the acquired person equal to or in excess of $200,000,000. Such fees'';
and (2) by adding the following sentence: ``Any misrepresentation of
the aggregate total amount of the voting securities and assets to be
held as a result of the acquisition would subject the acquiring person
to civil penalties and any other appropriate remedy as provided for
under 15 U.S.C. section 18(a)(g).'', immediately after the words ``no
notification shall be considered filed until payment of the fee
required by this section.'': Provided further, That none of the funds
made available to the Federal Trade Commission shall be available for
obligation for expenses authorized by section 151 of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-
242; 105 Stat. 2282-2285).
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$300,000,000, of which $289,000,000 is for basic field programs and
required independent audits; $2,100,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; and $8,900,000 is for
management and administration.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2000 and 2001, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended, $1,700,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $194,652,000 from fees collected in fiscal
year 2001 to remain available until expended, and from fees collected
in fiscal year 1999, $295,000,000, to remain available until expended;
of which not to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance at such consultations and meetings
including: (1) such incidental expenses as meals taken in the course of
such attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence: Provided,
That fees and charges authorized by sections 6(b)(4) of the Securities
Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this account as
offsetting collections.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105-135, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $143,475,000: Provided, That the Administrator
is authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and certain loan
servicing activities: Provided further, That, notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes without
further appropriations. In addition, to reimburse the Small Business
Administration for qualified expenses of delinquent non-tax debt
collection, to be derived from increased agency collections of
delinquent debt, 5 percent of such collections but not to exceed
$3,000,000.
non-credit business assistance programs
For non-credit programs authorized under the Small Business Act, as
amended, $153,690,000, of which $90,000,000 shall be for grants for
performance in fiscal year 2001 or fiscal year 2002: Provided, That any
balances of fiscal year 2000 funds appropriated for non-credit programs
under the heading, ``Salaries and Expenses'', may be transferred to
this heading, to be available to carry out these programs and to be
available for the time period originally provided.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $13,000,000.
business loans program account
For the cost of direct loans, $2,600,000, to be available until
expended; and for the cost of guaranteed loans, $162,800,000, as
authorized by 15 U.S.C. 631 note: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further,
That during fiscal year 2001, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, as amended,
shall not exceed the amount of financings authorized under section
20(e)(1)(B)(ii) of the Small Business Act, as amended: Provided
further, That during fiscal year 2001, commitments for general business
loans authorized under section 7(a) of the Small Business Act, as
amended, shall not exceed $10,000,000,000 without prior notification of
the Committees on Appropriations of the House of Representatives and
Senate in accordance with section 605 of this Act: Provided further,
That during fiscal year 2001, commitments to guarantee loans under
section 303(b) of the Small Business Investment Act of 1958, as
amended, shall not exceed the amount of guarantees of debentures
authorized under section 20(e)(1)(C)(ii) of the Small Business Act, as
amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $130,800,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $142,100,000 to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $139,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program and
shall be transferred to and merged with appropriations for the Office
of Inspector General.
administrative provision--small business administration
Not to exceed 10 percent of any appropriation made available for
the current fiscal year for the Small Business Administration in this
Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 20 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1992
(Public Law 102-572; 106 Stat. 4515-4516), $6,850,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
Of the amount made available under the heading ``Court of Appeals,
District Courts, and Other Judicial Services'' in title III of this
Act, $8,000,000 is transferred and made available for grants
administered by the State Justice Institute.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. (a) The caption for section 504 of title 28, United
States Code, is amended by replacing ``Attorney'' with ``Attorneys''.
(b) Section 504 of title 28, United States Code, is amended by
inserting after ``General'' the following, ``and a Deputy Attorney
General for Combating Domestic Terrorism''.
(c) There is established within the Department of Justice the
position of Deputy Attorney General for Combating Domestic Terrorism,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
(d) Subject to the authority of the Attorney General, the Deputy
Attorney General for Combating Domestic Terrorism shall serve as the
principal advisor to the Attorney General on, and serve as the key
government official responsible for, national security policy and
coordination for domestic counterterrorism and antiterrorism, State and
local preparedness for weapons of mass destruction (including chemical
and biological weapons), security classifications and clearances within
the Department of Justice, and contingency operations within the
Department of Justice and shall coordinate all functions of the Federal
Government related to domestic counterterrorism and antiterrorism
activities, including--
(1) the coordination of a National Strategy for Combating
Domestic Terrorism to be promulgated by the President which
shall establish national policies, objectives, and priorities
for preventing, preparing for, and responding to domestic
terrorist activities within the United States;
(2) the coordination through consultation with the
appropriate entities, of the implementation of the National
Strategy for Combating Domestic Terrorism policy and
preparedness by the departments and agencies of the Federal
Government and by State and local entities with
responsibilities for combating domestic terrorism; and
(3) the recommendation of changes in the organization and
management of Federal departments and agencies and State and
local entities engaged in combating domestic terrorism to the
Congress, the President, and the Attorney General.
(e) For necessary expenses of the Office of the Deputy Attorney
General for Combating Domestic Terrorism, $23,000,000, to remain
available until expended.
(f) Notwithstanding any other provision of law, all authorities,
liabilities, funding, personnel, equipment, and real property
associated with the Office of State and Local Domestic Preparedness
Support, the National Domestic Preparedness Office, the Executive
Office of National Security, and such components which relate to
domestic counterterrorism and antiterrorism activities in the Office of
Intelligence Policy and Review and the Criminal Division as are
appropriate shall be transferred to the Deputy Attorney General for
Combating Domestic Terrorism not later than 90 days after the required
Presidential report.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2001, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2001, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Section 4(b) of the Securities Exchange Act of 1934
(15 U.S.C. 78d(b)) is amended--
(1) by striking paragraphs (1) and (2), and inserting the
following:
``(1)(A) The Commission may appoint and fix the
compensation of such officers, attorneys, economists,
examiners, and other employees as may be necessary for carrying
out its functions under this Act.
``(B) Rates of basic pay for all employees of the
Commission may be set and adjusted by the Commission without
regard to the provisions of chapter 51 or subchapter III of
chapter 53 of title 5, United States Code.
``(C) The Commission may provide additional compensation
and benefits to employees of the Commission if the same type of
compensation or benefits are then being provided by any agency
referred to under section 1206(a) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C.
1833b(a)), or, if not then being provided, could be provided by
such an agency under applicable provisions of law, rule, or
regulation.
``(D) In setting and adjusting the total amount of
compensation and additional benefits for employees, the
Commission shall consult with, and seek to maintain
comparability with, the agencies referred to under section
1206(a) of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1833b).''; and
(2) by redesignating paragraph (3) as paragraph (2).
(b) Section 1206 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1883b) is amended--
(1) by inserting ``(a) In General.--'' before ``The Federal
Deposit'';
(2) by striking ``the Thrift Depositor Protection Oversight
Board of the Resolution Trust Corporation,''; and
(3) by adding at the end the following:
``(b) In establishing and adjusting schedules of compensation and
additional benefits for employees of the Securities and Exchange
Commission, which are to be determined solely by the Commission under
applicable provisions of law, the Commission shall inform the heads of
the agencies referred to under subsection (a) and Congress of such
compensation and benefits, and shall seek to maintain comparability
with such agencies regarding compensation and benefits.''.
(c)(1) Section 3132(a)(1) of title 5, United States Code, is
amended--
(A) in subparagraph (C), by striking ``or'' after the
semicolon;
(B) in subparagraph (D), by inserting ``or'' after the
semicolon; and
(C) by adding at the end the following:
``(E) the Securities and Exchange Commission.''.
(2) Section 5373(a) of title 5, United States Code, is amended--
(A) in paragraph (2), by striking ``or'' after the
semicolon;
(B) in paragraph (3), by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(4) section 4(b) of the Securities Exchange Act of
1934.''.
(d) The amendments made by subsection (c)(1) shall take effect on
such date as the Securities and Exchange Commission shall (by order
published in the Federal Register) prescribe, but in no event later
than 1 year after the date of enactment of this Act.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on
religion, when it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 609 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section 609 of
that Act shall continue to apply during fiscal year 2001.
Sec. 610. That fees collected pursuant to Section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) for sales transacted
on, and with respect to securities registered solely on, an exchange
that is initially granted registration as a national securities
exchange after February 24, 2000 shall be credited to this account as
offsetting collections.
Sec. 611. Notwithstanding any other provision of law, not more than
20 percent of the amount allocated to any account from an appropriation
made by this Act that is available for obligation only in the current
fiscal year may be obligated during the last 2 months of the fiscal
year unless the Committees on Appropriations of the House of
Representatives and the Senate are notified prior to such obligation in
accordance with section 605 of this Act: Provided, That this section
shall not apply to the obligation of funds under grant programs.
Sec. 612. Hereafter, none of the funds made available in this Act
shall be used to provide the following amenities or personal comforts
in the Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 613. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 614. Hereafter, none of the funds made available in this Act
to the Federal Bureau of Prisons may be used to distribute or make
available any commercially published information or material to a
prisoner when it is made known to the Federal official having authority
to obligate or expend such funds that such information or material is
sexually explicit or features nudity.
Sec. 615. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 616 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999, as amended.
(b) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2001.
Sec. 616. None of the funds appropriated pursuant to this Act or
any other provision of law may be used for: (1) the implementation of
any tax or fee in connection with the implementation of 18 U.S.C.
922(t); and (2) any system to implement 18 U.S.C. 922(t) that does not
require and result in the destruction of any identifying information
submitted by or on behalf of any person who has been determined not to
be prohibited from owning a firearm.
Sec. 617. Notwithstanding Section 1461(e)(3)(B) of the Coastal Zone
Management Act (15 U.S.C. 1451 et seq.), financial assistance provided
under this Act to the Department of Fish and Game for the Katchemak Bay
National Estuarine Research Reserve joint facility, and to the Nature
Conservancy for Great Bay National Estuarine Research Reserve may be
used to pay the total costs of activities carried out with the
assistance.
Sec. 618. Section 309(j)(8) of the Communications Act of 1934 is
amended by adding new paragraph (D) as follows:
``(D) Protection of interests.--
``(i) Title 11, United States Code, or any
otherwise applicable Federal or state law
regarding insolvencies or receiverships, or any
succeeding Federal law not expressly in
derogation of this subsection, shall not apply
to or be construed to apply to the Commission
or limit the rights, powers, or duties of the
Commission with respect to (a) a license or
permit issued by the Commission under this
subsection or a payment made to or a debt or
other obligation owed to the Commission
relating to or rising from such a license or
permit, (b) an interest of the Commission in
property securing such a debt or other
obligation, or (c) an act by the Commission to
issue, deny, cancel, or transfer control of
such a license or permit.
``(ii) Notwithstanding otherwise applicable
law, the Commission shall be deemed to have a
perfected, first priority security interest in
a license or construction permit issued by the
Commission under this subsection and the
proceeds of such a license or permit for which
a debt or other obligation is owed to the
Commission under this subsection.
``(iii) This paragraph shall apply
retroactively, including to pending cases and
proceedings whether on appeal or otherwise.''.
Sec. 619. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C. 10601 in
any fiscal year in excess of $500,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 620. Notwithstanding any other provision of law, in the event
the Court of Federal Claims finds for the plaintiff in Doe v. United
States [docket #98-896C], attorneys in positions funded with amounts
made available under the headings ``Salaries and Expenses, General
Legal Activities'' and ``Salaries and Expenses, United States
Attorneys'' in title I of this Act shall be compensated on an hourly
basis, weekly compensation to be determined by mechanical means, and
shall have such fixed breaks each work day as are afforded other hourly
workers employed by the Department of Justice.
Sec. 621. None of the funds appropriated in this Act shall be
available for the purpose of granting either immigrant or nonimmigrant
visas, or both, consistent with the Secretary's determination under
section 243(d) of the Immigration and Nationality Act, to citizens,
subjects, nationals, or residents of countries that the Attorney
General has determined deny or unreasonably delay accepting the return
of citizens, subjects, nationals, or residents under that section.
Sec. 622. Earmarks, limitations, or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated under this Act.
Sec. 623. Title 18, section 4006(b)(1) is amended by inserting, ``,
the Federal Bureau of Investigation'' after ``United States Marshals
Service''.
Sec. 624. Section 3022 of the 1999 Emergency Supplemental
Appropriations Act (113 Stat. 100) is amended by striking ``between the
date of enactment of this Act and October 1, 2000,''.
Sec. 625. Section 623 of H.R. 3421 (the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2000 (16 U.S.C. 3645)), as enacted into law by section 1000(a)(1)
of Public Law 106-113 (113 Stat. 1535), is amended--
(a) in subsection (a)(1) by striking ``The Northern Fund
and Southern Fund shall each receive $10,000,000 of the amounts
authorized by this section.'';
(b) by striking subsection (d) and inserting in lieu
thereof the following new subsection:
``(d)(1) Pacific Salmon Treaty.--
``(A) For capitalizing the Northern Fund there is
authorized to be appropriated in fiscal years 2000, 2001, 2002,
and 2003 a total of $75,000,000.
``(B) For capitalizing the Southern Fund there is
authorized to be appropriated in fiscal years 2000, 2001, 2002,
and 2003 a total of $65,000,000.
``(C) To permanently retire commercial salmon permits
pursuant to the 1999 Pacific Salmon Treaty Agreement, there is
authorized to be appropriated in fiscal years 2000, 2001, and
2002 a total of $30,000,000.
``(2) Pacific Coastal Salmon Recovery.--
``(A) For salmon habitat restoration, salmon stock
enhancement, and salmon research, including the construction of
salmon research and related facilities, there is authorized to
be appropriated for each of fiscal years 2000, 2001, 2002, and
2003, $90,000,000 to the States of Alaska, Washington, Oregon,
and California. Amounts appropriated pursuant to this
subparagraph shall be made available as direct payments. The
State of Alaska may allocate a portion of any funds it receives
under this subsection to eligible activities outside Alaska.
``(B) For salmon habitat restoration, salmon stock
enhancement, salmon research, and supplementation activities,
there is authorized to be appropriated in each of fiscal years
2000, 2001, 2002, and 2003, $10,000,000 to be divided between
the Pacific Coastal tribes (as defined by the Secretary of
Commerce) and the Columbia River tribes (as defined by the
Secretary of Commerce).''.
Sec. 626. (a) Short Title of Section.--This section may be cited as
``Amy Boyer's Law''.
(b) Protecting Privacy By Prohibiting Display of the Social
Security Number to the Public for Commercial Purposes Without
Consent.--
(1) In general.--Part A of title XI of the Social Security
Act (42 U.S.C. 1301 et seq.) is amended by adding at the end
the following:
``prohibition of certain misuses of the social security number
``Sec. 1150A. (a) Limitation on Display.--Except as otherwise
provided in this section, no person may display to the public any
individual's social security number, or any identifiable derivative of
such number, without the affirmatively expressed consent,
electronically or in writing, of such individual.
``(b) Prohibition of Wrongful Use as Personal Identification
Number.--No person may obtain any individual's social security number,
or any identifiable derivative of such number, for purposes of locating
or identifying an individual with the intent to physically injure,
harm, or use the identity of the individual for illegal purposes.
``(c) Prerequisites for Consent.--In order for consent to exist
under subsection (a), the person displaying, or seeking to display, an
individual's social security number, or any identifiable derivative of
such number, shall--
``(1) inform the individual of the general purposes for
which the number will be utilized and the types of persons to
whom the number may be available; and
``(2) obtain affirmatively expressed consent electronically
or in writing.
``(d) Exceptions.--Except as set forth in subsection (b), nothing
in this section shall be construed to--
``(1) prohibit any use of social security numbers permitted
or required under section 205(c)(2), section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909),
section 6109(d) of the Internal Revenue Code of 1986, the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.), or the Gramm-
Leach-Bliley Act (Public Law 106-102; 113 Stat. 1338);
``(2) prohibit or limit the use of a social security number
for purposes of retrieval of other information by professional
and commercial users who appropriately use the information in
the normal course and scope of their business or profession so
long as such number (or any identifiable derivative of such
number) is not displayed to the public;
``(3) prohibit or limit the use of the social security
number for purposes of law enforcement, including investigation
of fraud or as required under subchapter II of chapter 53 of
title 31, United States Code, and chapter 2 of title I of
Public Law 91-508 (12 U.S.C. 1951-1959); or
``(4) prohibit or limit the use of a social security number
obtained from a public record or document lawfully acquired
from a governmental agency.
``(e) Civil Action in United States District Court; Damages;
Attorneys Fees and Costs; Regulatory Coordination.--
``(1) In general.--Any individual aggrieved by any act of
any person in violation of this section may bring a civil
action in a United States district court to recover--
``(A) such preliminary and equitable relief as the
court determines to be appropriate; and
``(B) the greater of--
``(i) actual damages;
``(ii) liquidated damages of $2,500; or
``(iii) in the case of a violation that was
willful and resulted in profit or monetary
gain, liquidated damages of $10,000.
``(2) Attorney's fees and costs.--In the case of a civil
action brought under paragraph (1)(B)(iii) in which the
aggrieved individual has substantially prevailed, the court may
assess against the respondent a reasonable attorney's fee and
other litigation costs and expenses (including expert fees)
reasonably incurred.
``(3) Statute of limitations.--No action may be commenced
under this subsection more than 3 years after the date on which
the violation was or should reasonably have been discovered by
the aggrieved individual.
``(4) Nonexclusive remedy.--The remedy provided under this
subsection shall be in addition to any other lawful remedy
available to the individual.
``(f) Civil Money Penalties.--
``(1) In general.--Any person who the Commissioner of
Social Security determines has violated this section shall be
subject, in addition to any other penalties that may be
prescribed by law, to--
``(A) a civil money penalty of not more than $5,000
for each such violation, and
``(B) a civil money penalty of not more than
$50,000, if violations have occurred with such
frequency as to constitute a general business practice.
``(2) Determination of violations.-- Any willful violation
committed contemporaneously with respect to the social security
numbers of 2 or more individuals by means of mail,
telecommunication, or otherwise shall be treated as a separate
violation with respect to each such individual.
``(3) Enforcement procedures.--The provisions of section
1128A (other than subsections (a), (b), (f), (h), (i), (j), and
(m), and the first sentence of subsection (c)) and the
provisions of subsections (d) and (e) of section 205 shall
apply to civil money penalties under this subsection in the
same manner as such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of this
paragraph, any reference in section 1128A to the Secretary
shall be deemed a reference to the Commissioner of Social
Security.
``(4) Coordination with criminal enforcement.--The
Commissioner of Social Security shall take such actions as are
necessary and appropriate to ensure proper coordination of the
enforcement of the provisions of this section with criminal
enforcement under section 1028 of title 18, United States Code
(relating to fraud and related activity in connection with
identification documents). The Commissioner shall enter into
cooperative arrangements with the Federal Trade Commission
under section 5 of the Identity Theft and Assumption Deterrence
Act of 1998 (18 U.S.C. 1028 note) for purposes of achieving
such coordination.
``(g) Limitation On Regulation by States.--No requirement or
prohibition may be imposed under the laws of any State with respect to
any subject matter regulated under this section.
``(h) Definition.--In this section, the term `display to the
public' means the intentional placing of an individual's social
security number, or identifying portion thereof, in a viewable manner
on a web site that makes such information available to the public, or
otherwise intentionally communicating an individual's social security
number, or an identifying portion thereof, to the public.''.
(2) Effective date.--The amendment made by paragraph (1)
applies with respect to violations occurring on and after the
date which is 2 years after the date of enactment of this Act.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading on
September 30, 1997, $76,698,000 are rescinded.
Legal Activities
asset forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$96,383,000 are rescinded.
Federal Bureau of Investigation
salaries and expenses
(rescission)
Of the unobligated balances available under this heading for the
Information Sharing Initiative, $40,000,000 are rescinded.
Drug Enforcement Administration
drug diversion control fee account
(rescission)
Amounts otherwise available for obligation in fiscal year 2001 for
the Drug Diversion Control Fee Account are reduced by $8,000,000.
DEPARTMENT OF STATE AND RELATED AGENCY
International Organizations and Conferences
contributions for international peacekeeping activities
(rescission)
Of the unobligated balances available under this heading,
$212,744,000 are rescinded.
TITLE VIII--SOUTHWEST BORDER INITIATIVE
DEPARTMENT OF JUSTICE
salaries and expenses, united states marshals service
For an additional amount for ``Salaries and Expenses, United States
Marshals Service'', $5,268,000, to remain available until expended, for
courthouse security equipment: 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 $5,268,000, 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.
construction
For an additional amount for ``Construction'', $5,625,000, 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 that an official budget
request for $5,625,000, 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.
justice prisoner and alien transportation system fund, united states
marshals service
For an additional amount for ``Justice Prisoner and Alien
Transportation System Fund, United States Marshals Service'',
$52,000,000, to remain available until expended, for two 727/737-type
aircraft: 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 $52,000,000,
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.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Drug Enforcement Administration,
Salaries and Expenses'', $22,500,000, to remain available until
expended, for one plane, one helicopter, one forensic laboratory,
equipment, and upgrades to, and maintenance of, the El Paso
Intelligence Center's Information System: 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 $22,500,000, 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.
Immigration and Naturalization Service
salaries and expenses
For an additional amount for ``Immigration and Naturalization
Service, Salaries and Expenses'', $67,585,000, to remain available
until expended, for Border Patrol equipment, including 25 helicopters:
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 $67,585,000, 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.
construction
For an additional amount for ``Construction'', $254,008,000, 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 that an official budget
request for $254,008,000, 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.
THE JUDICIARY
Court of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For an additional amount for ``Court of Appeals, District Courts,
and Other Judicial Services, Salaries and Expenses'', $4,392,000, to
remain available until expended, for expansion, relocation, forced
move, and build out of existing courthouses: 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 $4,392,000, 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.
court security
For an additional amount for ``Court Security'', $2,562,000, to
remain available until expended, for courthouse security officers and
equipment: 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 $2,562,000, 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.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2001''.
Calendar No. 703
106th CONGRESS
2d Session
H.R. 4690
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2001, and for other purposes.
_______________________________________________________________________
June 27, 2000
Received; read twice and referred to the Committee on Appropriations
July 21, 2000
Reported with an amendment