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106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-680
======================================================================
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS BILL, FISCAL YEAR 2001
_______
June 19, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rogers, from the Committee on Appropriations, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 4690]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year
ending September 30, 2001.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page Number
Bill Report
Title I--Department of Justice............................. 2
7
Title II--Department of Commerce and Related Agencies...... 39
61
Office of the United States Trade Representative... 39
61
International Trade Commission..................... 40
62
Department of Commerce............................. 40
63
Title III--The Judiciary................................... 61
91
Title IV--Department of State and Related Agency........... 70
98
Department of State................................ 70
98
Broadcasting Board of Governors.................... 82
117
Title V--Related Agencies.................................. 85
119
Department of Transportation: Maritime
Administration................................. 85
120
Commission for the Preservation of America's
Heritage Abroad................................ 87
122
Commission on Civil Rights......................... 87
122
Commission on Security and Cooperation in Europe... 87
123
Equal Employment Opportunity Commission............ 88
123
Federal Communication Commission................... 88
124
Federal Maritime Commission........................ 90
124
Federal Trade Commission........................... 90
125
Legal Services Corporation......................... 92
126
Marine Mammal Commission........................... 93
126
Securities and Exchange Commission................. 93
127
Small Business Administration...................... 94
127
State Justice Institute............................ 97
132
Title VI--General Provisions............................... 98
132
Title VII--Rescission...................................... 107
135
Summary of Estimates and Recommendations
The Committee recommends a total of $34,904,000,000 in
discretionary budget authority for the departments and agencies
funded in the bill. The Committee also recommends $538,392,000
for mandatory programs funded within this bill.
Last year, the Committee recommended that $4,216,000,000 be
provided from the Violent Crime Reduction Trust Fund to
supplement regular fiscal year 2000 discretionary
appropriations for a number of programs. The authorization for
the Violent Crime Trust Fund expires on September 30, 2000.
This report displays amounts provided from the Trust Fund for
the purpose of comparing actual funding for programs for fiscal
year 2000 to the amounts the Committee recommends for fiscal
year 2001.
For discretionary programs, the recommendation is
$2,739,303,000 below the request, excluding the request for
advance appropriations, and $2,779,021,000 below the amounts
enacted for the current fiscal year. Excluding the one-time
increase for the decennial census provided in the fiscal year
2000 bill, the recommendation is $1,269,979,000 above the
fiscal year 2000 level.
The following table provides a comparison of the new budget
authority and outlays recommended in the accompanying bill with
the amounts appropriated for fiscal year 2000, and with the
budget request for fiscal year 2001:
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
2001 recommendation
compared with
2000 2001 2001 -------------------------
enacted request recommended 2000 2001
enacted request
----------------------------------------------------------------------------------------------------------------
Discretionary.................................. 33,467 37,643 34,904 +1,437 -2,739
Violent Crime Reduction Trust Fund............. 4,216 ........... ........... -4,216 ...........
Mandatory...................................... 537 608 546 +9 -62
----------------------------------------------------------------
Total.................................... 38,220 38,251 35,450 -2,770 -2,801
----------------------------------------------------------------------------------------------------------------
Highlights of the Bill
Major initiatives and highlights contained in the
recommendation follow:
DEPARTMENT OF JUSTICE
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
2001 recommendation
compared with
2000 2001 2001 -------------------------
enacted request recommended 2000 2001
enacted requested
----------------------------------------------------------------------------------------------------------------
Title I--Department of Justice:
Discretionary.............................. 14,486 20,142 20,270 +5,784 +128
Violent Crime Reduction Trust Fund......... 4,033 0 0 -4,033 0
----------------------------------------------------------------------------------------------------------------
--$1.75 billion increase for the Department of Justice, of
which $789 million is to address critical detention
requirements to house Federal prisoner and criminal and illegal
alien populations.
--$394 million increase is for the Drug Enforcement
Administration, the Federal Bureau of Investigation and the
United States Attorneys to maintain and enhance Federal law
enforcement's ability to fight the war on violent crime and
drugs, and provide new tools to combat cybercrime and national
security threats.
--$241 million increase for the Immigration and
Naturalization Service to enforce our immigration laws,
including additional border patrol agents, increased detention
and removal capacity, and continuation of the interior
enforcement initiative begun in fiscal year 1999.
--$4 billion for Office of Justice Programs and Community
Oriented Policing Services, the same level as the current
appropriation, to continue assistance to State and local law
enforcement agencies. This includes restoration of programs the
Administration proposed to eliminate or reduce, including $523
million for Local Law Enforcement Block Grant programs, $552
million for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Grant program, $250 million for Juvenile
Accountability Block Grant programs, and $686 million for the
Truth-in-Sentencing State Prison Grant program. In addition,
the bill includes $284 million for Violence Against Women Act
programs, $595 million for the Community Oriented Policing
Services program and $287 million for juvenile delinquency
prevention programs.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
2001 recommendation
compared with
2000 2001 2001 -------------------------
enacted request recommended 2000 2001
enacted request
----------------------------------------------------------------------------------------------------------------
Title II--Department of Commerce and Related
Agencies:
Discretionary.............................. 8,723 5,527 4,357 -4,366 -1,170
----------------------------------------------------------------------------------------------------------------
--$4.4 billion for the Department of Commerce and related
agencies, $287 million below the comparable fiscal year 2000
level, after adjusting for the non-recurring costs of the
decennial census.
--$622 million for the National Weather Service, a $17.8
million increase over fiscal year 2000, and $392 million for
trade agencies, a $13 million increase, to maintain the current
level of operation at the Weather Service and prevent closing
of any Commercial Service offices, more than offset by net
reductions of $112 million in lower priority programs within
the National Oceanic and Atmospheric Administration, and
termination of the Advanced Technology Program, funded at $143
million in the current year.
JUDICIARY
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
2001 recommendation
compared with
2000 2001 2001 -------------------------
enacted request recommended 2000 2001
enacted request
----------------------------------------------------------------------------------------------------------------
Title III--The Judiciary:
Discretionary.............................. 3,491 4,133 3,919 +428 -214
Violent Crime Reduction Trust Fund......... 183 ........... ........... -183 ...........
----------------------------------------------------------------------------------------------------------------
--$3.92 billion for the discretionary programs of the
Federal Judiciary, an increase of $245 million above the
comparable amount provided for the Judiciary for fiscal year
2000. The recommendation allows the Federal courts to maintain
operations at the fiscal year 2000 level and provides for a
limited number of program increases. This increase is
consistent with the increases provided for Federal law
enforcement agencies funded in this bill, as part of the bill's
priority to maintain law enforcement at the current level of
operations.
DEPARTMENT OF STATE AND RELATED AGENCY
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
2001 recommendation
compared with
2000 2001 2001 -------------------------
enacted request recommended 2000 2001
enacted requested
----------------------------------------------------------------------------------------------------------------
Title IV--Department of State and Related
Agency:
Discretionary.............................. 6,174 6,832 6,427 +253 -405
----------------------------------------------------------------------------------------------------------------
--$6.4 billion for the Department of State and the
Broadcasting Board of Governors appropriations, an increase of
$253 million above the current fiscal year, and $405 million
below the request.
--$1.06 billion to address critical embassy security needs,
and continue designing and constructing replacement facilities
for the most vulnerable overseas posts.
--$3.1 billion for the domestic and overseas operations of
a consolidated Department.
--$438 million for all U.S. Government-sponsored
international broadcasting, functioning as an independent
agency under the Broadcasting Board of Governors.
RELATED AGENCIES
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
2001 recommendation
compared with
2000 2001 2001 -------------------------
enacted request recommended 2000 2001
enacted requested
----------------------------------------------------------------------------------------------------------------
Title V--Related Agencies:
Discretionary.............................. 2,038 2,417 1,917 -121 -500
----------------------------------------------------------------------------------------------------------------
--$1.9 billion for the related agencies funded in the bill,
a reduction of $500 million from the request, and $121 million
below the fiscal year 2000 appropriation, preserving core
agencies and functions while reducing or eliminating low
priority programs.
--$856 million for the Small Business Administration,
including $276 million for the disaster loans program and $264
million for business loan programs.
--$198 million for the Maritime Administration, including
$98.7 million, the full amount requested, for the Maritime
Security Program, and $13,000,000 for maintenance and capital
improvements at the United States Merchant Marine Academy.
Reprogrammings, Reorganizations, and Relocations
The House and Senate reports accompanying the
appropriations bills for the Departments of Commerce, Justice,
and State, the Judiciary, and the Related Agencies for several
years have contained language concerning the reprogramming of
funds between programs and activities. This matter is addressed
in section 605 of the General Provisions contained in the
accompanying bill.
The Committee expects each department and agency to follow
closely the reprogramming procedures listed below, which are
similar to provisions that applied in statute during fiscal
year 2000. These procedures apply to funds provided under this
Act, or provided under previous Appropriations Acts that remain
available for obligation or expenditure in fiscal year 2001, or
provided from any accounts in the Treasury available to the
agencies funded by this Act.
The Committee desires and expects that the Chairman of the
Subcommittee on the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies will be notified by
letter a minimum of 15 days prior to--
(1) Reprogramming of funds, whether permanent or temporary,
in excess of $500,000 or 10 percent, whichever is less, between
programs or activities. This provision is also applicable in
cases where several activities are involved with each receiving
less than $500,000. In addition, the Committee desires to be
notified of reprogramming actions which are less than these
amounts if such actions would have the effect of committing the
agency to significant funding requirements in future years.
(2) Increasing funds or personnel by any means for any
project or activity for which funds have been denied or
restricted.
(3) Creating new programs, offices, agencies or commissions
or substantial augmentation of existing programs, offices,
agencies or commissions.
(4) Relocating offices or employees.
(5) Reorganizing offices, programs, or activities.
In addition, the Committee desires and expects any
department or agency funded in the accompanying bill which is
planning to conduct a reduction-in-force to notify the
Committee by letter 30 days in advance of the date of the
proposed personnel action.
The Committee also expects that any items which are subject
to interpretation will be reported.
The Committee is concerned that, in some instances, the
departments or agencies funded within this Appropriations Act
are not adhering to the Committee's reprogramming policy and
procedures which are set forth in this report and in section
605 of the accompanying bill. The Committee expects each
department and agency funded in the bill to follow these
notification policies precisely and not reallocate resources or
reorganize activities prior to submitting the required
notifications to the Committee. The Committee has provided each
of the departments, the Judiciary, and the Small Business
Administration with transfer authority, which is the same as
the transfer authority provided in the fiscal year 2000
Appropriations Act. The Committee believes such authority,
together with the traditional reprogramming policy, gives each
department, the Judiciary and the Small Business Administration
the needed discretion to respond to unanticipated circumstances
and requirements which may arise throughout the fiscal year.
Relationship With Budget and Comptroller's Offices
Through the years the Appropriations Committee has
channeled most of its inquiries and requests for information
and assistance through the budget offices or comptroller
organizations of the various departments, agencies, and
commissions and the Judiciary. The Committee has often pointed
out the natural affinity and relationship between these
organizations and the Appropriations Committee which makes such
a relationship imperative. The Committee reiterates its
position that while it always reserves the right to call upon
all organizations in the departments, agencies, and commissions
and the Judiciary for information and assistance, the primary
conjunction between the Committee and these entities must be
through the budget offices and comptroller organizations.
The Committee appreciates all of the assistance received
from each of the departments, agencies, and commissions and the
Judiciary during this past year. The workload generated in the
budget process is large and growing, and therefore, a positive,
responsive relationship between the Committee and the budget
and/or comptroller offices is absolutely essential to the
appropriations process of the United States Government.
Staffing and Operations Outside of the United States
The Committee remains concerned that there does not yet
appear to be any systematic control over the size and growth of
Federal department and agency presence outside of the United
States, raising the likelihood that resources are being
misallocated. The Committee, in conjunction with the
Administration, has begun a number of initiatives to improve
the situation, including the overseas staffing model for the
State Department, and the International Cooperative Support
Services system, to better allocate costs of overseas presence
to each agency, in order to ensure that any decision to assign
personnel overseas is based on the true cost. Most recently,
the Committee has supported the Overseas Presence Advisory
Panel, which has presented recommendations to the Secretary of
State.
This concern is due in large part to the cost implications.
It costs two to three times as much to maintain an employee
outside of the United States as it does within the United
States. It is clear that rationalizing and systematizing
staffing and operations in foreign countries has the potential
for large budgetary savings. The Committee has included
additional guidance under Title IV of this report related to
the implementation of these recommendations.
The Committee wishes to make it clear that any expansion of
staffing or presence overseas is to be brought to the attention
of the Committee at the outset of the planning process, well in
advance of the proposed use of any funds appropriated in this
Act, or any prior or subsequent appropriations Acts, preferably
through the annual budget submission, and as a last resort
through the reprogramming process. The Committee remains intent
upon finding the proper way to assure control of the deployment
of personnel and resources outside of the United States.
TITLE I--DEPARTMENT OF JUSTICE
The Committee recommends $20,391,979,000 in new budget
authority in the accompanying bill for the Department of
Justice for fiscal year 2001. This amount is $1,745,477,000
more than the appropriation for the current year, and is
$66,632,000 above the budget request for fiscal year 2001.
Of the total amount provided, $20,269,755,000 is derived
from general purpose discretionary funds, which represents an
increase of $5,784,008,000 above the current year, reflecting
the expiration of the Violent Crime Reduction Trust Fund in
fiscal year 2000. The remaining $122,224,000 provided is scored
as mandatory spending.
The Committee recommendation for the Department of Justice
reflects the continuing commitment of the Congress to
investments which have been made over the last five years to
address the Nation's top domestic priority--fighting crime--
while at the same time fulfilling the commitment to a balanced
budget made by the Congress and the Administration in 1997.
Over the past five years, Congress has increased funding for
the Department of Justice by over $6.3 billion, representing a
52 percent increase in resources, and the results are showing.
The violent crime rate is at its lowest level since the
Department of Justice began tracking the statistics in 1973,
and rates for all other crimes have also declined. As a result,
our communities are safer, and violent criminals are serving
longer sentences and not being released back into the
community.
To ensure continued success, the Committee recommendation
provides Federal law enforcement with the tools and resources
necessary to follow through with our investments, while at the
same time enabling law enforcement to effectively counter the
new and emerging threats as we move into the 21st century.
For fiscal year 2001, the largest increase in the
Department of Justice, $786,619,000, is recommended to address
critical detention requirements to house the Federal prisoner
and criminal alien populations. The Committee also recommends
increases totaling $393,994,000 for the Drug Enforcement
Administration, the Federal Bureau of Investigation, and the
United States Attorneys to maintain and enhance Federal law
enforcement's ability to fight the war on violent crime and
drugs, and provide new tools to investigate and prosecute new
and emerging crimes in the information technology age as well
as threats to our national security. To address the continuing
problem of illegal immigration, the Committee recommends an
increase of $241,058,000 for the INS for new border patrol
agents and increased detention and removal capacity, and
continued funding to maintain the interior enforcement
initiative begun in fiscal year 1999. In addition, $585,000,000
is provided to reimburse States for the incarceration of
criminal aliens. The Committee has also included funding to
continue the naturalization backlog reduction initiative begun
in fiscal year 1999.
At the same time, the Committee remains committed to
empowering our local communities to fight crime and drugs. We
must stay the course and continue support for proven programs
which have given us results. Now is not the time to eliminate
successful programs in favor of new, undefined, and untested
programs. Consequently, the recommendation includes
$2,823,950,000 for State and local law enforcement assistance,
which is $1,161,750,000 more than requested by the President,
including restoration of funding for the Local Law Enforcement
Block Grant program at $523,000,000, and the Truth-in-
Sentencing State Prison Grant program at $521,500,000, programs
which the Administration proposed to eliminate. The Committee
has also rejected the President's request to cut the Byrne Law
Enforcement Assistance formula grant program by $100,000,000.
The Committee notes that authorization for the Community
Oriented Policing Services (COPS) Program expires at the end of
fiscal year 2000. Further, according to the Administration, the
COPS program attained its authorized purpose of providing
100,000 new police officers in fiscal year 1999. Last year, the
Administration stated its intent to continue and expand the
COPS program. However, as of yet, no authorization legislation
has been submitted to the Congress for consideration.
Therefore, the Committee recommends $595,000,000, the same
amount appropriated in fiscal year 2000, for ongoing programs
to continue hiring, innovative technology, bullet-proof vests,
school violence and drug initiatives. The recommendation also
includes continued funding for programs to prevent and punish
juvenile crime, including $287,097,000 for juvenile crime
prevention programs, as requested, and $250,000,000 for the
juvenile crime block grant initiated by Congress in 1998, for
which the Administration proposed no funding.
The Congress has done its part to dedicate resources to the
Department of Justice during a time of severe fiscal
constraint.
General Administration
Salaries and Expenses
The Committee recommends a total of $84,177,000 for General
Administration for fiscal year 2001. This amount is $7,376,000
below the request, and $4,849,000 above the level provided in
fiscal year 2000.
This account funds the development of policy objectives and
the overall management of the Department of Justice. In fiscal
year 2000, the account was held at a freeze and had to absorb
its inflationary adjustments to base. The recommendation
provides adjustments to base for the Justice Management
Division. If the fiscal year 2000 reprogramming request funding
additional staff to process the increased amount of Foreign
Intelligence Surveillance Act (FISA) applications and
counterterrorism work is approved, it is assumed that
sufficient funding, but not more than $1,000,000, will be
available within the recommended level to fund the full
annualized costs of these positions.
The Committee also directs that $5,000,000 be transferred
to the Justice Management Division from the Immigration and
Naturalization Service (INS) salaries and expenses account to
continue the planned integration of the INS IDENT system and
the FBI IAFIS system. The Committee continues to be concerned
about the possibility of violent criminals, such as now-
convicted railway serial killer, Rafael Resendez Ramirez, being
released from INS custody and believes this project should be a
high priority.
The Committee has grown increasingly concerned about the
budget and financial management practices of several Department
of Justice components. Despite tremendous fiscal constraints,
the Committee has provided significant additional resources
over the last five years to many Justice components, in
particular INS, the FBI, and the DEA. Thus, the Committee is
frustrated and disturbed by continued reported budget
``shortfalls'' in these components. These ``shortfalls'' are
largely attributable to the failure of the components to
execute their budgets in a manner that is consistent with both
their current year appropriation and their pending budget
requests, including overhiring personnel, as well as their
failure to fully comply with the reprogramming procedures set
forth in section 605. All agencies, without exception, are
responsible for operating within the budget they have been
provided. Therefore, the Committee directs the Department of
Justice to put in place a mechanism to ensure that no
Department of Justice agency will take personnel actions in the
current year that cannot be funded within the base level of
funding included in the pending budget request, as well as
ensure that all components are fully abiding by section 605 of
the Appropriations Act. The Department is directed to continue
to consult with the Committee regarding this issue, and to
report back no later than August 15, 2000, on the actions taken
to establish this mechanism.
The Committee is concerned that in cases which the Federal
government sought to prosecute as a capital matter, from 1988
to 1999, 76 percent of the 133 defendants were Latino or
African-American. The Committee is aware that the Department is
conducting an internal review of possible racial disparities in
the authorization process for capital prosecutions, and directs
the Department to report to the Committee on its findings, as
well as the statistics on the number of cases recommended and
the number of cases authorized for capital prosecutions, and
the disposition of those cases.
The Committee recommends bill language, carried in previous
years, which (1) specifies the amount of funding provided for
Department Leadership and the Offices of Legislative and Public
Affairs; and (2) makes up to $3,317,000 of this appropriation
available until expended for the Facilities Program 2000.
Joint Automated Booking System
The Committee recommends a total of $1,800,000 for the
Joint Automated Booking System (JABS) as requested, and the
same amount provided in fiscal year 2000. Funding is provided
for program management support and maintenance of the JABS
production system.
The JABS will enable Department of Justice law enforcement
components--the Bureau of Prisons, Federal Bureau of
Investigations, Drug Enforcement Administration, Immigration
and Naturalization Service, and the U.S. Marshals Service--to
build an automated booking capability using their respective
infrastructures and to share information using the Department's
common information technology platform.
Bill language is included, modified as requested, allowing
funds to be used for the transmission of data.
Public Key Infrastructure
The Committee does not recommend $4,376,000 to establish a
new Department of Justice Public Key Infrastructure (PKI)
account.
The Committee notes that significant additional resources
have been provided over the past five years for various
information technology initiatives which have not yet been
completed, and therefore does not believe it prudent to launch
another major information technology project at this time. The
Committee also believes further study is required on the
challenges and benefits associated with PKI, as well as the
costs to implement it Department-wide. The Committee is aware
that the Department recently established two operational
prototypes. The Committee requests the Department of Justice to
report, not later than February 1, 2001, on the results of
these pilot projects and the costs associated with Department-
wide implementation of PKI.
Narrowband Communications
The Committee recommends a direct appropriation of
$177,445,000 for this account, instead of $188,000,000 as
requested. In fiscal year 2000, $115,941,000 was provided for
this activity, of which $10,625,000 was provided as a direct
appropriation under this account, $92,545,000 was appropriated
within various components' budgets and then transferred to the
activity, and $12,771,000 was provided from super surplus
balances in the Assets Forfeiture Fund. For fiscal year 2001,
all funding for this activity has been consolidated within this
account, and the various component base budgets have been
reduced to reflect this consolidation.
The Committee expects the Department to continue
implementation of a consolidated, regional, interagency Justice
Wireless Network (JWN) to meet components' needs and to improve
wireless capabilities, as such an approach will enhance
interoperability and reduce costs associated with narrowband
conversion by up to $1,000,000,000. Amounts provided will be
used to continue implementation of the JWN, operate and
maintain legacy systems, expand the use of commercial services,
and support the Wireless Management Office. It is the
Committee's continued expectation that narrowband requirements
can be accommodated without significant additional new
resources being required.
The Committee recommends modified bill language, as
requested, which allows funds to be used for the cost of
operating and maintaining legacy systems.
Counterterrorism Fund
The Committee recommends $10,000,000 for the
Counterterrorism Fund, which was established in the 1995
Supplemental Appropriations Act after the bombing of the Alfred
P. Murrah Federal Building in Oklahoma City, and is under the
control and direction of the Attorney General.
The Committee recommendation provides $10,000,000 to cover
the extraordinary expenses resulting from a terrorist threat or
incident, the full amount requested, and the same level
provided in fiscal year 2000. The recommendation, when combined
with current unobligated balances from prior years totaling
$32,844,150, will provide up to $42,844,150 in the Fund in
fiscal year 2001. These funds may be used to reimburse any
Department of Justice organization for the costs incurred from
the reestablishment of an office or facility damaged or
destroyed as a result of a domestic or international terrorist
incident, and to cover extraordinary expenses necessary to
counter, investigate or prosecute domestic or international
terrorism activities. The Attorney General is required to
notify the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605
of this Act, prior to the obligation of any funds from this
account.
The Committee recommends bill language, similar to that
carried in previous Appropriations Acts, which: (1) makes funds
available for costs incurred in reestablishing the operational
capacity of an office or facility damaged or destroyed by a
terrorist incident; and (2) makes funds available for support
to counter, investigate or prosecute terrorism, including
payments of awards and detention costs in connection with these
activities.
Telecommunications Carrier Compliance Fund
The Committee recommendation includes a direct
appropriation of $282,500,000 for the Telecommunications
Carrier Compliance program to reimburse equipment manufacturers
and telecommunications carriers and providers of
telecommunications support services for implementation of the
Communications Assistance for Law Enforcement Act of 1994
(CALEA), of which $141,250,000 is for purposes related to
national security. This amount represents an increase of
$177,500,000 above the amount requested under the Department of
Justice, and $72,500,000 above the total amount requested in
the President's budget for this purpose. The recommendation
reflects the fact that all funding for CALEA in fiscal year
2001 is being provided under the Department of Justice, as has
been the practice in previous years, while the President's
budget proposed providing the national security portion under
the Department of Defense.
The Committee believes that implementation of CALEA is long
overdue. The Committee notes that Congress expected CALEA
implementation to be achieved over two years ago. However, due
to disagreements between law enforcement and industry, that
deadline was not met. As a result, law enforcement's ability to
effectively counter threats of terrorism, drug trafficking and
other serious crimes has been seriously eroded. Therefore, the
Committee is pleased that the Department of Justice and the
industry have resolved the disagreements and implementation of
CALEA is now a reality, provided funding is made available to
ensure that the agreements reached can be expeditiously
implemented. To date, the Committee has made available a total
of $117,580,000 to the Fund. In addition, on January 10, 2000,
the Department of Justice submitted a reprogramming request for
an additional $100,000,000 to be made available to the Fund,
which the Committee has approved. These amounts, when combined
with funds included in this bill, will provide the full
$500,000,000 authorized and required to implement CALEA. It
remains the Committee's intent that not more than $500,000,000
shall be available for reimbursements pursuant to CALEA from
direct appropriations or other Federal sources.
CALEA Implementation.--As noted previously, the Committee
is encouraged by the progress made between the Department of
Justice and the telecommunications industry on resolving issues
related to CALEA implementation. The Committee expects the
Department and the FBI to remain focused on implementation and
to ensure that planning, reimbursement, and resource tracking
are coordinated and handled in a timely and consistent manner.
In order to ensure that these efforts are emphasized, not less
than $17,300,000 is provided within the FBI for CALEA
implementation. The Committee expects the FBI to replace the
current CALEA implementation organization, which includes the
CALEA Implementation Section and the Telecommunications
Contracts and Audit Unit, with a new CALEA Management Office in
the Office of the Deputy Director, FBI. The Committee believes
this new office will be significantly better situated than the
present implementation organization to represent all law
enforcement constituencies before the Congress, Federal and
other regulatory bodies, telecommunications carriers,
manufacturers of telecommunications equipment, providers of
support services, and other interested parties and
stakeholders. The Committee expects this office to continue to
work with the Department of Justice on all matters involving
CALEA implementation. In addition, by establishing this office
under the Office of the Deputy Director, the Committee believes
that CALEA will be given priority consideration within the FBI,
will gain access to key personnel needed for implementation
efforts, and will improve the ability of the FBI to prioritize
the financial and personnel resources required for a continued
and sustained implementation effort.
Administrative Review and Appeals
The Committee recommends $159,570,000 for Administrative
Review and Appeals. This amount is an increase of $11,071,000
above the fiscal year 2000 level, to fund the current operating
level, and $4,979,000 below the request. Of the total amount
provided, $157,843,000 is for the Executive Office of
Immigration Review, and $1,727,000 is for the Pardon Attorney.
This appropriation supports the Executive Office of
Immigration Review (EOIR), which includes the Board of
Immigration Appeals, Immigration Judges, and Administrative Law
Judges who decide through administrative hearings the admission
or exclusion of aliens seeking to enter the country, and the
deportation and adjustment of status of aliens whose status has
been challenged; and the Office of the Pardon Attorney, which
receives, investigates and considers petitions for all forms of
Executive clemency.
Detention Trustee
The Committee recommends $1,000,000 to establish a new
Federal Detention Trustee within the Department of Justice,
instead of $26,000,000 as requested. The Committee has not
provided requested funding or bill language to expand the
authority of the Department of Justice to reimburse other
entities for certain detention costs.
Detention consumes a significant and growing portion of the
Department of Justice's budget, and responsibility for
detainees is divided among several agencies. In response to the
Committee's growing concerns about the problem of inadequate
planning and management of detention space in the Department of
Justice, in fiscal year 2000, the Committee directed that the
Attorney General submit recommendations on a Department-wide
strategy to plan for and manage its detention needs. As part of
this effort, the fiscal year 2001 budget proposes to create a
``detention trustee'' that would be responsible for oversight
of detention management, as well as improvement and
coordination of detention issues Department-wide. While the
Committee remains concerned that this proposal does not go as
far as centralizing all detention funding under the trustee,
the Committee believes the proposal submitted is an important
first step. Therefore, the Committee recommends creation of the
new trustee office, which it believes can do for detention what
the Wireless Management Office (WMO) has done to remedy the
problems with law enforcement communications systems.
Detention problems are often described in terms of regional
hot spots. Thus, like the WMO approach, which focused on
certain geographic regions, the Committee believes a similar
strategy could successfully be employed by the detention
trustee. By focusing the new office on selected regional hot
spots, the Committee believes that coordination can best be
tested and demonstrated. Therefore, the Committee directs the
new trustee to establish two regional detention pilot projects,
one along the Southwest border, and one located in the Midwest.
At the outset of these pilot projects, the trustee should
conduct a needs assessment of detention and detainee handling
requirements and develop a baseline for the present efficiency
and effectiveness of all aspects of detention and detainee
handling, against which subsequent process improvements will be
assessed. The initial baseline report should also identify the
specific operational areas of detention that will be targeted,
as well as the specific geographic boundaries for the pilot.
Additional elements of the pilot projects should include:
centralized management of Inter-governmental Agreements under
the detention trustee; prisoner transportation; healthcare
management; and Cooperative Agreement Program grants. The
Committee intends that the trustee be given authority to direct
the use of INS and USMS detention resources. The Committee
expects the Department of Justice to consult with the Committee
in the development of these pilot projects, submit the baseline
report no later than January 5, 2001, and submit the completed
assessment of the pilots one year later.
Further, the Committee notes that the detention
consolidation study undertaken by KPMG in 1998 identified the
lack of comparable resource and performance information between
detention agencies, including BOP, as a barrier to making
effective fiscal decisions regarding detention operations. KPMG
recommended that the Department undertake a ``set of management
tools to improve decision-making'' in the area of detention. In
addition, the Department's own 1998 detention study identified
various management issues and made findings and recommendations
pertaining to centralized detention management. The Study
reported that various aspects of the Department's Detention
Planning Committee (DPC) need to be more formalized to ensure
that DPC decisions are being carried out. Furthermore, the
study concluded that ``DPC members need to develop solutions to
issues that go beyond their individual component interests''
and that ``there must be more of a Department-wide outlook on
the part of the DPC.'' In addition to undertaking the pilot
programs, the Committee believes that addressing these issues
should be the central responsibility of the detention trustee.
The Committee recommends new language, similar to the
request, which sets forth the authorities of the detention
trustee.
Office of the Inspector General
The Office of the Inspector General performs audit,
inspection and investigation functions of Department of Justice
activities. The Committee recommends $41,825,000 for the Office
of Inspector General for fiscal year 2001. This level is
$367,000 below the request and $1,550,000 above the fiscal year
2000 level. The recommended level assumes that $1,500,000 will
be available to the Office of the Inspector General through a
reimbursable agreement with the Immigration and Naturalization
Service.
United States Parole Commission
Salaries and Expenses
The Committee recommends $8,855,000 for the Parole
Commission for fiscal year 2001. This level is $328,000 below
the request and provides for adjustments to base.
This Commission is an independent body within the
Department of Justice which makes decisions regarding requests
for parole and supervision of Federal and D.C. Code prisoners.
As a result of legislation that established sentencing
guidelines, the Parole Commission is phasing down its Federal
operations. However, in August 1998, the Commission assumed
jurisdiction over D.C. felony prisoners and on August 5, 2000,
the Commission will assume jurisdiction over D.C. Code
parolees.
Legal Activities
General Legal Activities
The Committee recommends a total of $523,228,000 for
General Legal Activities for fiscal year 2001, an increase of
$18,283,000 above the amount provided in fiscal year 2000, and
$30,007,000 below the request.
The recommendation provides for adjustments to base
totaling $18,283,000, but does not include any program
increases or undefined base restorations. The distribution of
funding provided is as follows:
Office of the Solicitor General......................... $7,118,000
Tax Division............................................ 70,991,000
Criminal Division....................................... 110,800,000
Civil Division.......................................... 147,616,000
Environment and Natural Resources Division.............. 68,703,000
Office of Legal Counsel................................. 4,967,000
Civil Rights Division................................... 86,150,000
Interpol--USNCB......................................... 7,686,000
Legal Activities Office Automation...................... 18,877,000
Dispute Resolution...................................... 320,000
--------------------------------------------------------
____________________________________________________
Total............................................. 523,228,000
This appropriation supports the Attorney General through
the establishment of litigation policy, conduct of litigation,
and various other legal responsibilities.
The Committee remains concerned about extradition and
deportation matters related to U.S. fugitives, and directs the
Department to compile a report on extradition cases, including
pending requests, by country, and the number of fugitives
returned to the U.S., by country over the past five years. The
Committee asks the Department to describe, to the extent
possible, the most problematic cases and most uncooperative
countries in order to better inform Congress of the
difficulties in this area. This report should be submitted to
Congress no later than March 1, 2001. In addition, the
Committee expects the Department to work with the Department of
State to bolster its efforts to negotiate effective extradition
treaties.
The Committee is aware of concerns about the inappropriate
use of restraints and seclusion in institutions for the
mentally ill and encourages the Civil Rights Division to
utilize appropriate resources to investigate civil rights
violations in those institutions.
The Committee recommends bill language, similar to that
included in previous fiscal years, which: (1) allows up to
$20,000 for expenses of collecting evidence; (2) makes up to
$10,000,000 for litigation support contracts available until
expended; (3) makes up to $18,877,000 for office automation
systems available until expended, and includes language
modified from the request, allowing funds to be used for
additional Departmental components; and (4) makes up to $1,000
available to the U.S. National Central Bureau--INTERPOL for
reception and representation expenses.
The National Childhood Vaccine Injury Act
The Committee recommends a reimbursement of $4,028,000 for
fiscal year 2001 from the Vaccine Injury Compensation Trust
Fund to cover Justice Department expenses associated with
litigating cases under the National Childhood Vaccine Injury
Act of 1986. This represents the full amount requested and the
same level provided in fiscal year 2000.
Salaries and Expenses, Antitrust Division
The Committee recommendation assumes a total of
$113,269,000 in budget authority for the Antitrust Division for
fiscal year 2001, $3,269,000 above the current year
appropriation and $20,731,000 below the request. Of this
amount, $77,171,000 will be derived from anticipated fee
collections in fiscal year 2001, and $36,098,000 will be
derived from available fiscal year 2000 fee collections,
resulting in no net direct appropriation. The Committee notes
that any use of remaining unobligated fee collections from
prior years is subject to the reprogramming requirements
outlined in section 605 of this Act. The Committee
recommendation provides pay and inflationary increases to allow
the Division to maintain its current operating level.
This Division acts on antitrust cases before the Supreme
Court, represents the interests of the United States in cases
brought under Federal antitrust laws, reviews decisions of
regulatory commissions, and prepares and files amicus briefs.
Appropriations for both the Division and the Federal Trade
Commission are financed with Hart-Scott-Rodino Act pre-merger
filing fees. The fiscal year 2001 budget proposed to modify the
Hart-Scott-Rodino Act to include a three tiered fee structure.
Under current law, a stock or asset acquisition that meets two
tests requires a Hart-Scott-Rodino Act filing, the size of
company test and the size of asset test. The size of company
test provides that one company must have annual net sales or
assets of $100,000,000 and the other company must have net
annual sales or assets of $10,000,000. The size of asset test
provides that the asset or stock being acquired must be worth
$15,000,000 or higher. If a transaction meets both these tests,
filing and a $45,000 fee are required.
The new three tiered fee structure will raise the size of
asset test threshold to $35,000,000 and will require a $45,000
fee. For transactions between $100,000,000 and $199,999,999,
the fee will increase to $100,000. For transactions
$200,000,000 and higher, the fee will increase to $200,000.
The Committee's recommendation funds the Division's current
operating level. However, it is estimated that raising the size
of asset test threshold from $15,000,000 to $35,000,000 will
result in nearly a forty percent reduction in the number of
filings requiring review. Therefore, the Committee assumes that
the Division will be able to fund some of its requested program
increases from within the funding level provided. The Committee
directs the Division to submit a fiscal year 2001 financial
plan no later than December 31, 2000, outlining how it intends
to allocate its fiscal year 2001 resources.
The recommendation includes bill language for the Division,
carried in previous fiscal years, which allows fees to be
credited to this account and reduces appropriated funds as fees
are collected. The recommendation does not include requested
bill language restricting reprogramming of certain fees.
Salaries and Expenses, United States Attorneys
The Committee recommends a total of $1,247,416,000 for the
U.S. Attorneys for fiscal year 2001. The total amount provided
is an increase of $85,459,000 above the current year
appropriation and is $45,217,000 below the request.
The recommendation includes a total of $63,556,000 for pay
and inflationary adjustments to enable the U.S. Attorneys to
maintain their current operating level. The recommendation does
not include $7,425,000 requested as base adjustments to
substitute direct appropriations for activities previously
supported from the Health Care Fraud and Abuse Control (HCFAC)
Account. Instead, the Committee directs the Department of
Justice to continue to provide funding for not less than 177
positions and 177 FTE to the U.S. Attorneys from the Health
Care Fraud and Abuse Control (HCFAC) account to support health
care fraud activities. In addition, the recommendation provides
program increases for the following activities:
Firearms Prosecutions.--The recommendation includes
$14,518,000, 163 positions and 82 full-time equivalent
workyears (FTE), including 113 attorneys, to enhance the
prosecution of existing firearms statutes. This amount, when
combined with existing base resources totaling $7,125,000, will
provide resources totaling $21,643,000 devoted to intensive
firearms prosecution projects.
The Committee directs the Executive Office of U.S.
Attorneys (EOUSA) to allocate these resources to U.S. Attorneys
offices through the existing resource allocation process, based
on criteria which include, but are not limited to, an
assessment of the gun-related violent crime problem in the
district, crime trends, workload data, and the current level of
effort being devoted to firearms prosecutions by the U.S.
Attorneys office and local law enforcement. Concerns have been
expressed that some violent crime data utilized in fiscal year
2000 were outdated and did not accurately reflect changing
circumstances. Therefore, the Committee expects the EOUSA to
re-evaluate its formula to ensure that the most accurate and
up-to-date information is used when allocating funds provided
for this initiative. The Committee does not recommend that
funds be set aside to establish 20 Strategic Approaches to
Community Safety Initiative (SACSI) teams, but instead expects
funds to be distributed to address gun-related prosecution in a
manner which reflects the priorities identified by the local
districts and results in increased prosecutions of existing gun
laws.
Cyber Crime and Intellectual Property.--The recommendation
includes $3,948,000, 50 positions and 25 FTE, including 28
attorneys, to enhance the investigation and prosecution of
computer and intellectual property crimes. The Committee notes
that the Congress has passed three significant pieces of
legislation to address the threats posed by computer and high
technology crime, including the No Electronic Theft (NET) Act,
the National Information Infrastructure Assurance Act, and the
Economic Espionage Act. The Committee expects this increase
will provide the U.S. Attorneys with the resources and tools
they need to respond vigorously to the growing threats posed by
cyber and intellectual property crimes.
Immigration.--The recommendation includes $3,415,000, 48
positions and 24 FTE, including 27 attorneys, to address the
growing immigration criminal workload. The Committee notes that
since fiscal year 1995, the number of immigration case filings
by the U.S. Attorneys has increased by over 186 percent and now
represents 23 percent of the total criminal cases filed. In
addition, the Committee is aware that the continued problem of
illegal immigration, particularly re-entry of previously
removed aliens, places significant burdens on the affected
State and local criminal justice systems. Therefore, an
enhancement has been provided to enable the U.S. Attorneys to
meet this growing workload. The Committee believes particular
emphasis should be placed on prosecutions of individuals
involved in alien smuggling, document fraud, and illegal aliens
with multiple deportations who have committed criminal
offenses. The EOUSA should submit a spending plan on the
allocation of the increase provided to the Committee no later
than December 15, 2000.
The Committee concurs with the report recently submitted by
the Executive Office of U.S. Attorneys regarding unstaffed
offices, and expects the 82 offices identified to remain open,
including the current office in Winchester, Tennessee.
This appropriation supports the Executive Office of U.S.
Attorneys and the 94 U.S. Attorneys Offices which serve as the
principal litigators for the U.S. Government for criminal,
civil and debt collection matters.
The Committee also recommends bill language, similar to
that included in previous fiscal years, which: (1) makes up to
$2,500,000 for debt collection purposes available through
fiscal year 2002; (2) makes available up to $8,000 to be used
for official reception and representation expenses; (3) makes
up to $10,000,000 for automated litigation support contracts
available until expended; and (4) specifies the number of
positions and workyears provided for the United States
Attorneys.
United States Trustee System Fund
The Committee recommendation provides a total of
$126,242,000 for the U.S. Trustees for fiscal year 2001, to be
entirely funded from offsetting collections. The amount
recommended is $19,467,000 higher than the current level and
$960,000 below the request.
The recommendation provides for the current operating
level, including pay and inflationary adjustments and
restoration of one-time carry over balances utilized in the
U.S. Trustee's fiscal year 2000 financial plan. The Committee
notes that any amounts collected or otherwise available in
excess of the recommended level are subject to the
reprogramming requirements outlined in section 605 of this Act.
The U.S. Trustees System provides administrative support to
expeditiously move bankruptcy cases through the bankruptcy
process and ensures accountability of private trustees
appointed to administer bankruptcy estates and with regard to
debtors. Public Law 99-554, the Bankruptcy Judges, U.S.
Trustees, and Family Farmer Bankruptcy Act of 1986, established
a U.S. Trustee System Fund in the U.S. Treasury and provided
for the collection of fees into the Fund to finance program
operations.
The recommendation also includes bill language which: (1)
allows deposits to the U.S. Trustee System Fund to be used to
pay refunds due depositors; (2) allows $126,242,000 in
offsetting collections to be retained and used for necessary
expenses in this appropriation; and (3) reduces appropriated
funds as such offsetting collections are collected. The
recommendation does not include requested bill language
prohibiting the obligation of certain fees until fiscal year
2002.
Salaries and Expenses, Foreign Claims Settlement Commission
The Committee recommends $1,000,000 for the Foreign Claims
Settlement Commission for fiscal year 2001. This amount is
$214,000 below the request and a decrease of $175,000 below the
current year appropriation.
The Commission settles claims of American citizens arising
out of nationalization, expropriation, or other takings of
their properties and interests by foreign governments.
Salaries and Expenses, United States Marshals Service
The Committee recommends $560,438,000 for United States
Marshals Service salaries and expenses for fiscal year 2001.
This amount represents an increase of $19,835,000 above the
comparable level for fiscal year 2000, excluding the permanent
base transfer of funds to the Narrowband Communications account
for USMS land mobile radio replacement activities, and is
$26,031,000 below the request.
The recommendation includes a net increase of $5,756,000 in
base adjustments, as follows: a $20,817,000 increase for pay
and inflationary adjustments, partially offset by decreases of
$4,852,000 for one-time equipment purchases and $10,209,000
from the transfer of the Seized Assets Management Program to
the Assets Forfeiture Fund. In addition, the recommendation
provides program increases for the following activity:
Security at New and Expanded Courthouses.--$13,711,000 is
for security at new and expanded courthouses anticipated to
open in 2001, including $6,711,000 for security staffing and
$7,000,000 for equipment. This amount provides the full amount
requested for this activity based on the schedule for
courthouse openings submitted in the budget. The Committee
notes that in previous years slippages have often occurred in
this schedule. Therefore, the Committee directs the Marshals
Service to provide the Committee a revised schedule and
spending plan for the use of these funds no later than November
1, 2000. Should slippages occur in the schedule, the Committee
expects the revised plan to devote these excess resources to
address the additional workload requirements, particularly
along the Southwest Border.
The Committee adopts the recommendation included in the
fiscal year 2001 budget request regarding the transfer of the
Seized Assets Management Program.
The primary mission of the 94 U.S. Marshals offices is the
protection of the Federal Judiciary, protection of witnesses,
execution of warrants and court orders, and the custody and
transportation of unsentenced prisoners.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which (1) allows
up to $6,000 to be used for official reception and
representation expenses; (2) allows for the acquisition of
motor vehicles for police-type use without regard to the
general purchase price limitation; and (3) makes up to
$4,000,000 for development, implementation, maintenance and
support, and training for an automated prisoner information
system available until expended. In addition, new language is
included which specifies the number of positions and workyears
provided for the Marshals Service.
Construction, United States Marshals Service
The Committee recommendation includes $6,000,000 for United
States Marshals Service construction, the same amount as the
current year appropriation and $378,000 below the request. This
account was created in fiscal year 1999 when responsibility for
the construction of prisoner holding facilities for the
Marshals Service was transferred from the Bureau of Prisons.
The Committee expects the Marshals Service to utilize this
funding to undertake renovation projects which address the
highest priority security needs identified.
Justice Prisoner and Alien Transportation System Fund, United States
Marshals Service
The recommendation includes language, modified as requested
to allow operating leases of up to 10 years, to provide for the
operation of this revolving fund, which provides air
transportation for prisoners and others in the custody of the
U.S. Marshals Service, the Immigration and Naturalization
Service and the Bureau of Prisons within the Department of
Justice as well as other agencies, such as the Department of
Defense, and State and local law enforcement on a space
available basis. As a revolving fund, financing for the system
will be based on full-cost recovery, by means of a mileage and
cost-per-seat charge paid by these same agencies for actual
usage. The Committee believes that operating this system on a
full-cost recovery basis will assure operation of the system in
a financially sound way based on best business practices. Each
constituent Justice agency has funding in its base to provide
for necessary reimbursement to the system.
The Committee continues the direction included in fiscal
year 1999 and 2000 which required that systems enhancements
under the revolving fund be presented as part of the annual
budget submission. Should such enhancements not be submitted as
part of the annual budget process, the Committee expects to be
notified in accordance with the reprogramming requirements of
section 605 of this Act.
Federal Prisoner Detention
The Committee recommendation includes $597,402,000 for the
Federal Prisoner Detention account for fiscal year 2001, which
is $72,402,000 over the level provided in the current year
appropriation and the full amount requested. Under this
program, the U.S. Marshals contract with State and local jails
and private facilities to house unsentenced Federal prisoners
for short periods of time, usually before and during trial and
while awaiting transfer to Federal institutions after
conviction.
The recommendation includes the amount of funding necessary
to detain the current average population, adjusted for
anticipated increases in jail day costs, as well as to allow
for additional growth in the detainee population. This amount
will enable the USMS to house detainees for a total of
9,573,000 non-Federal jail days, an 8 percent increase over
fiscal year 2000, and equates to an average non-Federal daily
prisoner population of 26,227.
New language is included, as requested, which (1) allows
the Marshals Service to enter into multi-year contracts with
private entities; and (2) allows the Bureau of Prisons to be
reimbursed for certain costs associated with prisoner
movements.
Fees and Expenses of Witnesses
The Committee recommends $95,000,000 for Fees and Expenses
of Witnesses for fiscal year 2001, the same amount as the
current year appropriation and $61,145,000 below the request,
and includes no requested program increases. This program
provides for fees and expenses of witnesses who appear on
behalf of the Government in cases in which the United States is
a party, including fact and expert witnesses, mental competency
examinations, and witness/informant protection. Funds are also
used to provide private counsel to pay certain legal expenses
of Federal employees.
The Committee also recommends bill language, included in
previous Appropriations Acts, which allows: (1) up to
$6,000,000 for protected witness safesites; and (2) up to
$1,000,000 for the purchase and maintenance of armored vehicles
for prisoner transportation. In addition, new language is
included, as requested, which allows up to $5,000,000 to be
used for installation and operation of a secure automated
network.
salaries and expenses, community relations service
The Committee recommends $7,479,000 for the Community
Relations Service for fiscal year 2001, $280,000 above the
current year and $2,350,000 below the request. This level will
fund pay and inflationary base adjustments. In addition, the
recommendation includes a provision that allows the Attorney
General to transfer $1,000,000 from funds made available to the
Department of Justice to this account, thereby allowing for a
total funding level of $8,479,000.
The Community Relations Service (CRS) was established by
Title X of the Civil Rights Act of 1964 to provide assistance
to communities in resolving disagreements arising from
discriminatory practices.
The Committee also recommends bill language, identical to
that included in previous years, which allows the Attorney
General to provide additional resources for CRS, through
transfers of funds from other Department of Justice programs
under section 605 of this Act, if emergent circumstances exist.
assets forfeiture fund
The Committee recommends $23,000,000 for the Assets
Forfeiture Fund for fiscal year 2001, which is the full amount
requested and the same level as provided in the current year
appropriation.
This account provides funds for additional investigative
expenses of the FBI, DEA, INS and U.S. Marshals, such as
purchase of evidence, equipping of conveyances and
investigative expenses leading to seizure. Funds for these
activities are provided from receipts in the Assets Forfeiture
Fund resulting from the forfeiture of assets. Expenses related
to the management and disposal of assets are also provided from
these receipts in the Assets Forfeiture Fund by a permanent
indefinite appropriation.
Radiation Exposure Compensation
administrative expenses
The Committee recommends $2,000,000 for fiscal year 2001,
the full amount requested and the same level provided in the
current year appropriation, for the expenses of the Civil
Division necessary to handle claims and litigation arising from
the Radiation Exposure Compensation Act (RECA).
This program was established to permit the payment of
claims to individuals exposed to radiation as a result of
atmospheric nuclear tests and uranium mining in accordance with
the Radiation Exposure Compensation Act of 1990.
payment to the radiation exposure compensation trust fund
The Committee recommends $3,200,000 for fiscal year 2001.
This is the same level as provided in fiscal year 2000 and
$10,527,000 below the request.
The Committee is aware that S. 1515, which passed the
Senate on November 19, 1999 and was reported by the Committee
on the Judiciary to the House of Representatives on May 24,
2000, expands the RECA program. The Congressional Budget Office
estimates that S. 1515 will cost an additional $20 million in
fiscal year 2001 and an additional $646 million through fiscal
year 2005. The Committee notes that this legislation has not
yet been enacted into law and funding was not included in the
budget request for this expansion. Therefore, these costs were
not considered as part of the fiscal year 2001 Budget
Resolution, the Committee's defense allocation, or the
Committee's recommended fiscal year 2001 funding level.
Interagency Law Enforcement
interagency crime and drug enforcement
The Committee recommends $328,898,000 for Interagency Crime
and Drug Enforcement for fiscal year 2001, an increase of
$12,106,000 above the current year appropriation, to provide
for inflationary increases for Department of Justice agencies'
participation in this program.
The Interagency Crime and Drug Enforcement (ICDE) program
was created in 1982 to ensure a coordinated, multi-agency
approach to attacking and dismantling high-level drug
enterprises. Through its nine regional Task Forces, the ICDE
program utilizes the combined resources and expertise of its 11
Federal agency members, in cooperation with State and local
investigators and prosecutors, to target and destroy major
narcotics trafficking and money laundering organizations.
Amounts provided in this bill are to reimburse Department of
Justice components for their costs to participate in ICDE task
forces; additional funding for non-Justice agencies
participation in ICDE is provided in other Appropriations Acts.
The recommendation provides the same level of funding
requested in the President's budget for ICDE activities, as
follows:
REIMBURSEMENTS BY AGENCY
------------------------------------------------------------------------
FTE $(000)
------------------------------------------------------------------------
DEA..................................... 1,000 $108,190
FBI..................................... 981 112,468
INS..................................... 117 15,808
Marshals................................ 13 1,984
US Attorneys............................ 847 86,582
Criminal Division....................... 6 814
Tax Division............................ 12 1,380
Administrative Office................... 12 1,672
-------------------------------
Total............................. 2,988 $328,898
------------------------------------------------------------------------
The Committee recommends bill language, similar to that
included in previous Appropriations Acts, which: (1) allows for
intergovernmental agreements with State and local law
enforcement agencies; (2) makes $50,000,000 available until
expended; (3) allows funds to be used under existing
authorities available to participating organizations; and (4)
allows the Attorney General to reallocate unobligated balances
among participating organizations.
Federal Bureau of Investigation
salaries and expenses
The Committee recommends total budget authority of
$3,229,505,000 for the Federal Bureau of Investigation (FBI)
salaries and expenses account for fiscal year 2001. This amount
is $74,363,000 below the request, and $189,637,000 above the
comparable level for fiscal year 2000, excluding the permanent
base transfer of funds to the Narrowband Communications account
for FBI land mobile radio replacement activities.
The Committee recommends a net increase of $141,697,000 in
adjustments to base, as follows: $142,836,000 for pay and
inflationary increases, including $27,711,000 for increased
costs associated with the transfer of Civil Service Retirement
System (CSRS) employees to the Federal Employee Retirement
System (FERS) and increased Federal health insurance premium
costs, offset by $1,139,000 in reductions for non-recurring and
one-time costs. The Committee has provided the full amount
requested for base adjustments to support the FBI's current
staffing and operating level as reflected in the budget
request.
The Committee continues to be concerned with the FBI's
inability to execute its budget within the funding levels
appropriated by Congress. Management and personnel decisions
the FBI has made over the past several years, ranging from
position upgrades to special incentive programs for hardship
posts, to hiring beyond the level of funded positions have
contributed to a budget ``shortfall'' that has funding
ramifications not addressed in the President's budget request.
The FY 2000 Conference Report included a requirement that the
FBI provide a comprehensive budget and financial review by
February 15, 2000. The Department requested an extension of
this reporting requirement to April 10, 2000, but as of June 7,
2000, the Committee has yet to receive this review. In
addition, the Committee understands that a reprogramming
proposal will be forthcoming that will address the current
budget ``shortfall'' with a plan to permanently remedy the
problem. The Committee expects such reprogramming will
permanently address this situation in a manner that allows the
FBI to maintain the staffing levels provided for in this bill.
The Committee recommendation includes a provision that
identifies the funded position and FTE levels provided in the
bill. These staffing levels are consistent with full base
funding requested and program increases provided in the
Committee recommendation.
The following distribution represents the Committee
recommendation:
FBI SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Criminal, Security and Other
Investigations:
Organized Criminal Enterprises... 3,983 3,993 $451,461
White Collar Crime............... 4,284 4,184 484,134
Other Field Programs............. 10,380 10,218 1,294,049
----------------------------------
Subtotal....................... 18,648 18,395 2,229,644
Law Enforcement Support:
Training, Recruitment, and 1,003 984 120,672
Applicant.......................
Forensic Services................ 692 680 120,436
Information, Management, 554 555 205,742
Automation & Telecommunications.
Technical Field Support & 232 229 141,888
Services........................
Criminal Justice Services........ 2,171 2,182 217,339
----------------------------------
Subtotal....................... 4,652 4,630 806,077
Program Direction: Management and 2,083 2,024 193,784
Administration......................
----------------------------------
Total, Direct Appropriations..... 25,383 25,049 $3,229,505
------------------------------------------------------------------------
The Committee reminds the FBI that changes in this
distribution are subject to the reprogramming requirements in
section 605 of this Act.
National Instant Check System (NICS).--The recommendation
includes $67,735,000 in direct appropriations to continue
operations of the NICS and provide necessary system
enhancements. A provision is included under title VI of the
bill which continues the prohibition carried in fiscal years
1999 and 2000 regarding Federal user fees and destruction of
records.
The Committee is concerned about recent problems which have
rendered the NICS system unavailable for extended time periods.
Therefore, of the amount provided, up to $13,385,000 is to be
used for system availability upgrades to remedy this problem.
The FBI is directed to submit a report to the Committee, no
later than August 15, 2000, with a detailed plan of action to
make the necessary upgrades.
In addition, the Committee recommends program increases
totaling $48,000,000, as follows:
Information Sharing Initiative (ISI/e-FBI).-- The
recommendation includes $39,334,000 for this initiative,
renamed ``e-FBI'', of which $14,334,000 is to be used to pay
the annual lease costs of the Justice Consolidated Network's
Asynchronous Transfer Mode (JCON ATM) circuits. When combined
with $20,000,000 in fiscal year 2001 base funding, and
$80,000,000 provided in prior years, a total of $139,344,000
will be available to implement this program in fiscal year
2001. The Committee notes that a revised strategy for this
initiative has recently been submitted and is currently under
review by the Committee. The Bureau is again directed not to
obligate any funds for e-FBI without prior approval of the
Committee.
Counterintelligence Initiative.--The recommendation
includes $5,964,000 and 42 positions and 21 FTE, including 20
agents, for a counterintelligence initiative to allow the FBI
to more effectively address foreign intelligence threats on an
ongoing basis.
Intellectual Property Rights Center.--The recommendation
includes $612,000 and 8 positions and 4 FTE, including 2
agents, for a joint center to be co-led by the FBI and the U.S.
Customs Service. The Committee expects this center to be a
dedicated effort to improve intelligence and analysis related
to intellectual property rights violations, and to consolidate
and coordinate this information among Federal and State law
enforcement agencies to augment investigations in this area.
CALEA Implementation.--The recommendation includes
$2,100,000, as requested, for a total availability of not less
than $17,300,000 within the FBI to be used for implementation
of the Communications Assistance for Law Enforcement Act
(CALEA). The Committee expects the Department and the FBI to
remain focused on implementation and to ensure that planning,
reimbursement, and resource tracking are coordinated and
handled in a timely and consistent manner. Therefore, the
Committee expects the FBI to replace the current CALEA
implementation organization, which includes the CALEA
Implementation Section and the Telecommunications Contracts and
Audit Unit, with a new CALEA Management Office in the Office of
the Deputy Director, FBI. The Committee also expects this
office to continue to work with the Department of Justice on
all matters involving CALEA implementation. By establishing
this office under the Office of the Deputy Director, the
Committee believes that CALEA will be given priority
consideration within the FBI, will gain access to key personnel
needed for implementation efforts, and will improve the ability
of the FBI to prioritize financial and personnel resources
required for a continued and sustained implementation effort.
Information Technology Report.--As requested in fiscal year
2000, the Committee again requests the FBI to provide an
updated information technology report, which includes: a
complete listing of all information technology projects; the
stage of each project's development and deployment; the fiscal
year 2000 and 2001 funding level of each project; and the
outyear cost projections for each project, including recurring
requirements for operations and maintenance of these systems.
This report is to be submitted no later than December 15, 2000.
National Integrated Ballistic Identification Network
(NIBIN).--The recommendation does not include additional
funding for this activity. However, should funding be available
in the Working Capital Fund, the Attorney General may use up to
$1,346,000 to support this effort.
The Committee expects the FBI to continue its participation
in the Housing Fraud Initiative being conducted by the
Department of Housing and Urban Development at the same level
as provided in fiscal year 2000. The Committee is also aware of
the FBI's efforts through the Jewelry and Gem (JAG) program to
establish multi-agency task forces to address the increased
incidents of violent crimes against jewelry vendors, and
encourages the FBI to continue to devote appropriate resources
to disrupting these criminal enterprises.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which provides:
(1) for purchase of passenger vehicles without regard to
general purchase price limitations, and the acquisition and
operation of aircraft; (2) up to $70,000 for unforeseen
emergencies; (3) up to $50,000,000 for automated data
processing, telecommunications and technical equipment, and up
to $1,000,000 for undercover operations to remain available
until September 30, 2002; (4) not less than $159,223,000 for
counterterrorism investigations, foreign counterintelligence,
and national security activities; (5) up to $10,000,000 to
reimburse State and local police for assistance related to
violent crime, terrorism and drug investigations; and (6) up to
$45,000 for official reception and representation expenses. In
addition, bill language is included, as carried in prior fiscal
years, which prohibits funds from being used to provide
ballistics equipment to State or local entities that have
received similar equipment from other Federal agencies. New
language is also included which specifies the number of
positions and workyears provided to the FBI.
construction
The Committee recommendation includes $1,287,000 for FBI
construction, which is the same amount as the current year
appropriation and $1,900,000 below the request. The
recommendation provides funding in fiscal year 2001 to continue
necessary improvements and maintenance at the FBI Academy, but
does not include any funds for new construction projects.
Drug Enforcement Administration
salaries and expenses
The Committee recommends total budget authority of
$1,445,852,000 for the Drug Enforcement Administration (DEA)
Salaries and Expenses account for fiscal year 2001, of which
$83,543,000 is derived from the Diversion Control Fund. The
recommendation provides an increase of $106,792,000 over the
comparable fiscal year 2000 level, exclusive of funding
provided for narrowband communications conversion costs which
has been address elsewhere in this title.
The recommended level provides for a net increase of
$44,616,000 for pay and inflationary costs to maintain current
operating level. Of this amount, increases totaling $48,293,000
are provided, offset by decreases of $3,677,000 for one time
and non-recurring items provided in fiscal year 2000. Base
adjustments include the total amount necessary to annualize 61
new positions provided for in fiscal year 2000. In addition,
the Committee recommends $62,200,000 for program enhancements.
The following table represents funding provided under this
account:
DEA SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Enforcement:
Domestic Enforcement......... 2,212 2,163 $400,661
Foreign Cooperative 732 699 206,644
Investigations..............
Drug and Chemical Diversion.. 142 143 16,156
State and Local Task Forces.. 1,678 1,675 241,257
--------------------------------------
Subtotal................... 4,764 4,680 864,718
======================================
Investigative Support:
Intelligence................. 883 900 111,904
Laboratory Services.......... 381 378 44,463
Training..................... 99 98 20,309
RETO......................... 355 353 79,190
ADP.......................... 133 130 153,479
--------------------------------------
Subtotal................... 1,851 1,859 409,345
======================================
Management and Administration.... 869 855 88,246
--------------------------------------
Total, DEA................. 7,484 7,394 1,362,309
------------------------------------------------------------------------
DEA is reminded that any deviation from the above
distribution is subject to the reprogramming requirements of
section 605 of this Act.
The Committee recommends the following program increases:
Investigative and Intelligence Requirements.--$60,100,000
for enhancements to address crucial infrastructure needs, as
follows:
--$3,100,000, 18 positions and 9 FTE, including 11 special
agents, within Domestic Enforcement for the Special Operations
Division (SOD) to expand support for the Southwest Border
Initiative and to address money laundering and financial
investigations.
--$56,000,000, 2 positions and 1 FTE within Automated Data
Processing to complete deployment of Phase II of FIREBIRD, of
which $28,000,000 is for deployment, $23,000,000 is for
technology, and $5,000,000 is for increased operations and
maintenance costs. This amount will enable FIREBIRD to be fully
deployed to all domestic offices and Western Hemisphere
offices. The Committee directs DEA to provide quarterly reports
on the status of deployment and expenditures for the FIREBIRD
program, with the first report due no later than January 31,
2001.
--$1,000,000 within Intelligence for enhancements to the El
Paso Intelligence Center (EPIC), providing a 35 percent
increase in the EPIC information technology budget. EPIC
supports multiple Federal law enforcement agencies'
interdiction efforts by providing timely analysis and
dissemination of intelligence on illicit drug and alien
movements. However, the Committee is concerned that all
appropriate Federal agencies are not fully participating in and
supporting EPIC. Therefore, the Committee directs DEA to
provide a comprehensive report, no later than January 15, 2001,
on agency participation and utilization rates and funding
support for EPIC.
Budget and Financial Management.--$2,100,000, including 12
positions and 6 FTE, within Program Management and
Administration for enhancements to improve DEA's financial and
resource management oversight. Of this amount, $1,525,000 is
for support of DEA's Federal Financial System, and $575,000 is
for additional staffing for Finance and Resource Management.
For the past two years, the Committee has expressed its
dissatisfaction with DEA's repeated failure to operate within
funding levels appropriated by Congress and adhere to
reprogramming requirements under section 605 of the
Appropriations Acts. Although the Committee received a revised
financial plan for DEA for fiscal year 2000, the Committee
understands that DEA is still operating above its funded FTE
level and has made financial management decisions that have
funding ramifications not addressed in the President's budget
request. DEA, as with all other Department components, must
implement financial management practices that ensure it
operates within appropriated funding levels. In order to ensure
that DEA does not exceed its funded staffing level, the
Committee recommendation includes a provision that identifies
the funded position and FTE levels provided in the bill. These
staffing levels are consistent with full base funding requested
and program increases provided in the Committee recommendation.
The Committee reiterates its position that it expects DEA
to vigorously implement all the recommendations put forward in
the report submitted by the Attorney General in July, 1999.
Caribbean Initiative.--In fiscal year 2000, DEA was
provided enhancements totaling $9,000,000, including 30 new
agents and equipment, exclusively to address the growing
problem of drug trafficking in the Caribbean. The Committee is
concerned that implementation of this has been delayed and
expects DEA to move expeditiously to allocate these resources.
The Committee reminds DEA of its directive that quarterly
status reports be provided on this initiative and expects DEA
to submit its first report no later than August 15, 2000. The
Committee notes that significant additional resources have been
provided to DEA, the FBI, and INS since fiscal year 1997 to
augment activities in Puerto Rico, the Caribbean, and South
Florida, but recognizes that more may need to be done.
Therefore, the Committee requests that the Attorney General, in
consultation with the Secretaries of Treasury and
Transportation, report to the Committee on the status of the
implementation of the enhancements that have been provided in
prior fiscal years and outline any additional requirements
necessary to address the flow of drugs coming through the
Caribbean.
The Committee recommendation assumes continued funding at
the fiscal year 2000 level for the demand reduction initiative,
and expects DEA to continue its participation in the High
Intensity Drug Trafficking Areas, particularly those operating
in the Midwest to combat the influx of methamphetamines.
The Committee directs that DEA continue to provide
quarterly reports on the investigative workhours and funding,
by type, within major source and transit countries, including
the Caribbean, delineated by country and function, with the
first such report to be provided to the Committee no later than
January 15, 2001.
The Committee recommendation also includes $45,675,000, not
requested in the budget, under the Community Oriented Policing
Services program solely to continue the Committee's initiative
to address State and local methamphetamine enforcement
requirements, including the costs associated with the cleanup
of seized laboratories.
Drug Diversion Control Fee Account.--The recommendation
includes $83,543,000 for DEA's Drug Diversion Control Program
for fiscal year 2001, the full amount requested. The
recommendation provides an increase of $3,213,000 for
adjustments to base, including the annualization of 25
positions provided in fiscal year 2000 for customer service
improvements and drug data analysis. The recommendation assumes
that the level of balances in the Fee Account are sufficient to
fully support diversion control programs in fiscal year 2001.
As was the case in fiscal years 1999 and 2000, no funds are
provided in the DEA salaries and expenses appropriation for
this account in fiscal year 2001.
The Drug Diversion Control Program is responsible for
control of diversion, distribution, manufacture and abuse of
legitimate pharmaceuticals. DEA annually registers in excess of
900,000 drug handlers, of which over 1,670 are manufacturers,
distributors, importers, exporters, and others handling large
volumes of controlled substances. These registrants pay fees
which fully support the cost of this program.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which provides:
(1) up to $70,000 for unforeseen emergencies; (2) for expenses
for drug education and training programs; (3) purchase of
passenger vehicles without regard to general purchase price
limitations, and acquisition and operation of aircraft; (4) up
to $1,800,000 for research to remain available until expended;
(5) up to $4,000,000 for evidence and information, up to
$10,000,000 for automated data processing and
telecommunications, and up to $2,000,000 for laboratory
equipment, $4,000,000 for technical equipment and $2,000,000
for aircraft replacement parts to remain available until
September 30, 2002; and (6) up to $50,000 for official
reception and representation expenses. In addition, new
language is included which specifies the number of positions
and workyears provided to DEA.
construction
The Committee recommendation includes $5,500,000 for DEA
construction, the full amount requested, for a multi-year
project to reconstruct five of DEA's eight laboratory
facilities which are severely deteriorating, have severe space
shortages and have environmental conditions that pose health
risks. This funding provides the fourth installment of a five
year initiative to reconstruct these facilities.
Immigration and Naturalization Service
Salaries and Expenses
The Committee recommends total new budget authority of
$4,670,689,000 for the Immigration and Naturalization Service
for fiscal year 2001. This is an increase of $410,273,000 over
the current fiscal year, and is $178,054,000 below the budget
request. Of the total amount recommended, $1,438,812,000 will
be derived from offsetting fee collections and $110,664,000 is
included under the INS construction program, which is $471,000
below the request and $11,000,000 above the current year level.
INS Organization and Management.--The Congress has
recognized, and has attempted to correct, resource deficiencies
in the INS which for years have jeopardized the agency's
ability and effectiveness in controlling illegal immigration
and providing timely service to those seeking admission under
the legal immigration system. In fiscal year 1986, the INS
budget was $574 million. By fiscal year 1995, the budget had
nearly quadrupled to roughly $2 billion; it then doubled again
to $4 billion in fiscal year 1999. The Committee believes that
a lack of adequate resources is no longer an acceptable
response to INS's inability to adequately address its mission
responsibilities.
Despite the Committee's admonitions and continuing
concerns, the INS has failed to make any real progress on the
problems identified by the Committee in the past, and serious
new failures continue to emerge. Most disturbing was the
revelation made earlier this year that the INS released 35,319
criminal aliens back into the community, aliens who should have
been deported, of whom 11,605 (37%) were later arrested for
additional crimes, including 3,847 for drug-related crimes, 98
for homicide, 142 for sexual assault, 44 for kidnapping, 347
for robbery, and 1,214 for assault. This latest problem came
less than one year after the release of Rafael Resendez
Ramirez, a suspected serial killer, even though he was on the
FBI's 10 Most Wanted List, had criminal and state prison
records, had previously been deported by INS 3 times, and was
in INS custody on 8 other occasions.
The latest two incidents can be added to the following list
of continuing INS problems which have been previously
identified by the Committee:
Border Control.--The border is no more under
control now than it was four years ago, despite the fact that
Congress has provided funds to increase the number of Border
Patrol agents by 136% over the last four years. While the
stream of illegal aliens may have slowed in the San Diego area,
it has moved east to Arizona, New Mexico, and Texas. In
addition, a suspected Algerian terrorist crossed at a U.S.
checkpoint in Washington with the components of a bomb in his
car.
Failure to Estimate Detention Requirements.--INS
has failed to plan for and request resources to keep up with
their detention needs, resulting in large, last minute requests
for additional resources for detention space, including an
$80,000,000 emergency supplemental in fiscal year 1999, and a
$230,000,000 budget amendment in fiscal year 2000.
Interior Enforcement.--More than 6 million illegal
aliens are now living in the United States, the same peak level
witnessed in 1986, and the rate is growing faster than the rate
at which INS removes them, in spite of the considerable
resources that Congress has invested. The Committee attributes
this failure to the inability of the INS to develop and execute
an effective interior enforcement strategy.
Backlogs in Naturalization and Other Benefits
Applications Cases.--Congress has provided the INS with over
$460 million in program increases over the last 3 years to
bring integrity to the naturalization process and improve the
services provided, but despite additional funds, INS still has
backlogs of cases dating from 1996. In addition, excluding
naturalization, the number of pending applications for other
immigration benefits increased from 2.1 million in January 1999
to 2.7 million in January 2000. And, due to INS failure to
anticipate its production needs for green cards, the waiting
period for green cards to eligible persons is now up to 2
years.
Increased Direct Management Oversight by the
Department of Justice.--The Department of Justice has had to
step in more and more frequently to clean up INS problems,
including: Citizenship USA; INS financial management problems;
INS issuance of more H-1B temporary visas than the law allowed;
and INS release of 35,000 criminal aliens into communities, of
which almost 12,000 went on to commit additional crimes.
INS Financial Management.--Despite the fact that
the INS budget represents over 20% of the total Department of
Justice budget, INS was the only Department of Justice
component to have serious financial deficiencies, resulting in
the inability of the Department of Justice to receive a clean
financial audit in 1999. And, for the second year in a row, INS
received the lowest overall grade, ``C-'', out of 20 agencies
reviewed by the Government Performance Project, and received a
grade of ``D'' in two of five categories.
Inability of INS to Provide Timely Information to
the Committee.--Of the 26 reports requested by the Committee,
13 were not submitted by the deadline, and INS continues to
fail to meet the deadline for many reports and requests.
The INS is overwhelmed with the task of handling its
responsibilities, resulting in a broken immigration system.
Numerous Members of Congress and their constituents have
complained about the lack of attentiveness to their requests
for better service and enforcement. As a result of INS
mismanagement, Members have requested either additional
resources in the nearest INS office, the opening of new INS
offices to deal with backlogs, or the upgrade of existing
offices. Among the many complaints the Committee has received,
Members have specifically reported serious problems in the
following areas: New York, New York; Bronx, New York; Omaha,
Nebraska; Roanoke, Virginia; Washington, D.C.; Louisville,
Kentucky; San Francisco, California; Ventura, California;
Nashville, Tennessee; Milwaukee, WI; and Northern New Jersey.
The Committee believes that additional resources, adding new
offices, or upgrading additional offices will not provide
relief from poor service, lack of enforcement and
mismanagement.
Consistent with the concept of the separation of
immigration enforcement from service, the Committee has
continued to provide for a separation of INS funds, as it did
in fiscal years 1999 and 2000. Therefore, under salaries and
expenses, funds are divided into two separate accounts as
follows: Enforcement and Border Affairs, and Citizenship and
Benefits, Immigration Support and Program Direction. INS
enforcement funds are placed under the Enforcement and Border
Affairs account. Immigration-related benefits and
naturalization, support and program resources are placed under
the Citizenship and Benefits, Immigration Support and Program
Direction account. INS construction projects continue to fall
within the separate INS construction account.
The Committee recommends $2,547,899,000 for Enforcement and
Border Affairs. The account provides for activities related to
inspections, border patrol, investigations, detention and
deportation, and intelligence. Of this amount, a net increase
of $89,598,000 is provided for adjustments to base, $18,029,000
below the amount requested reflecting reductions in the
annualization costs of border patrol agents that have not been
hired. The recommendation does not assume the proposed increase
in the journeyman level for border patrol agents and
immigration inspectors.
For Citizenship and Benefits, Immigration Support and
Program Resources, the Committee recommends $573,314,000, an
increase of $33,924,000 above the request. Of this amount,
$15,382,000 is provided for adjustments to base as requested.
In addition, the recommendation assumes an increase of
$20,000,000 as requested, and $44,000,000 in direct
appropriations to continue the naturalization and other
applications backlog reduction initiative. Therefore it is
assumed that only $80,000,000 of the $124,000,000 requested for
the naturalization backlog reduction initiative will be
transferred to the Exams Fees account.
In addition, program increases totaling $205,133,000 are
recommended, as follows:
Border Control and Management.--$78,277,000 is provided for
additional border patrol staffing, technology, and land border
inspections, as follows:
--$52,000,000, 430 positions and 215 FTE are included for
new border patrol agents. With this increase, a total of 4,430
new border patrol agents has been funded since fiscal year
1997, despite budget requests totaling only 2,630 new agents.
The Committee is deeply disappointed with the INS' inability to
fully hire the 4,000 new border patrol agents which the
Congress authorized in Public Law 104-208 for fiscal years
1997, 1998, 1999, and 2000, and has funded in the
Appropriations Acts for each of those years. The Committee also
remains concerned about INS' use of the funds previously
provided for these new agents. This failure to hire hinders the
ability of INS to control our borders and has resulted in
intolerable conditions along the border, particularly in the
Southwest. The Committee notes that, as of April, 2000, the INS
must still hire an additional 1,747 new border patrol agents
just to reach the levels authorized and funded in fiscal year
2000. Therefore, while the Committee has not provided the
additional 570 border patrol agents authorized for fiscal year
2001, the Committee continues to believe that additional border
patrol agents are fundamental to effective border control and
directs the INS to make every effort to expeditiously staff up
to the full level authorized and funded in prior years.
Therefore, the Committee has provided funds to hire 430
additional agents in fiscal year 2001. However, the Committee
expects that INS will be able to fully staff up to the levels
funded in this bill, and in prior years, during fiscal year
2001. Should the INS be unable to hire at least 500 of the
1,000 agents funded in fiscal year 2000 by June 30, 2001, the
Committee directs that the remaining funds be used to increase
the number of Quick Response Teams (QRTs) to enhance interior
enforcement activities. INS is further directed to consult with
the Committee before this shift in funds occurs, and to consult
with the Committee prior to determining the locations of new
QRTs.
While some level of border control is being witnessed on
parts of the Southwest Border, namely in San Diego, as a result
of the doubling of border patrol agents and technology in this
region, the problem has shifted to other areas along the
Southwest Border. In addition, the Committee remains concerned
about the continued and growing problem along the Northern
Border. According to a February 2000 Inspector General report,
the INS has failed to identify and assess what is required to
address problems along the Northern Border. The Committee finds
this situation unacceptable. The Committee expects INS to
submit a deployment plan to the Committee for the new agents
provided, and expects such plan to pay particular attention to
the needs along the Northern Border and areas along the
Southwest Border experiencing the influx of illegal aliens due
to operations along other parts of the border. The INS is also
directed to provide the Committee with status reports on border
patrol hiring, with the first such report due no later than
January 15, 2001.
--$6,277,000, 72 positions and 36 FTE for additional
inspectors at land border Ports of Entry (POEs). Of this
amount, $2,458,000, 28 positions and 14 FTE are exclusively for
expedited removals at POE's resulting in 24,000 additional
removals in fiscal year 2001; and $3,819,000, 44 positions and
22 FTE are for staffing the newly opened POEs along the
Southwest Border. The Committee expects INS to consult with the
Committee on the deployment of these additional inspectors.
--$20,000,000 is for the deployment of additional
Integrated Surveillance Intelligence Systems (ISIS) along the
Northern and Southern Borders. When combined with existing base
funding, a total of $38,000,000 is available for ISIS. The INS
is directed to consult with the Committee and provide a
deployment plan for these systems.
The Committee recommendation continues to provide
$22,000,000 from within existing base resources for information
resource management for border patrol equipment and technology.
Of this amount, the Committee recommendation assumes a
$5,000,000 increase above the current level for procurement of
infrared night vision scopes.
The Committee directs the INS to take all necessary
remaining steps to complete negotiations to relocate Tucson
Sector helicopter operations to a location at or near Douglas,
Arizona, which has an extremely high level of illegal traffic.
The Committee further directs the INS to provide a report on
the housing costs incurred to date for border patrol pilots
placed in temporary facilities while negotiations on helicopter
facilities are on-going.
The Committee is aware of continuing environmental issues
due to direct and indirect impacts of illegal immigration
traffic through Federal lands and parks. INS is directed to
work more closely with the United States Forest Service and the
Department of the Interior to develop a plan to coordinate
activities to protect natural and human resources while
providing increased border protection along the Southwest
border, including Southeastern Arizona. INS is further directed
to submit this joint plan to the Committee no later than
October 1, 2001.
In addition, the Committee directs the INS to convene a
joint task force with the Department of Health and Human
Services and State and local officials, including members of
the medical community, in Southwest Border States, to study
incidents of emergency medical services for illegal aliens.
This study should review the current system and structure for
Federal reimbursement of these costs, including the impact of
custody on reimbursement. This task force is expected to report
to the Committee on the results of its efforts no later than
March 31, 2001.
The Committee continues bill language carried in previous
Acts requiring that the San Clemente and Temecula checkpoints
be fully operational on a continous 24-hour basis. The
Committee remains concerned that the commuter lane project is
not proceeding as expeditiously as planned. Therefore, INS is
directed to submit a report to the Committee, no later than
August 15, 2000, on the status of the commuter lane project.
Interior Enforcement/Removal of Deportable Aliens.--
$126,856,000 is provided for interior enforcement, including
the tracking, detention and removal of aliens, as follows:
--$87,306,000, 120 positions and 60 FTE is for an
additional 1,167 detention beds, including 1,000 beds in State
and local facilities, and 120 juvenile detention beds, for a
total of 19,702 average daily beds.
The Committee continues to be frustrated by the
unwillingness of INS to make funding for detention space a
priority. INS failure to request and allocate sufficient
resources for detention space led to the need for an
$80,000,000 supplemental appropriation in fiscal year 1999, and
a $230,000,000 budget amendment in fiscal year 2000. Once
again, the fiscal year 2001 request failed to request
sufficient appropriations for detention, and instead assumed
that $31,950,000 in required detention funds would be provided
through re-instatement of Section 245(i), a proposal repeatedly
rejected by the Congress. The Committee has rejected this
gimmick, and instead provides the full amount requested for
detention through direct appropriations. According to the INS,
this will provide the resources necessary to fully comply with
the mandatory detention requirements of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
--$15,550,000 is for additional JPATS movements, resulting
in an additional 16,000 domestic and repatriation movements,
for a total of 85,000 JPATS movements in fiscal year 2001, an
18% increase over the current year.
--$11,000,000, 100 positions and 50 FTE is for 23
additional Quick Response Teams (QRTs) to work with State and
local law enforcement officers to take into custody and remove
those aliens determined to be removable.
In fiscal year 1999, as a result of numerous complaints
from Members of Congress, State and local law enforcement
officers, and U.S. citizens over INS failure to respond to
calls to take into custody illegal aliens, the Committee funded
Quick Response Teams (QRTs) to work with State and local law
enforcement to identify, apprehend and remove criminal and
illegal aliens. Almost 18 months later, the INS has yet to
fully stand up the 45 QRTs provided in fiscal year 1999. In
fact, as of February 1, 2000, the INS had yet to select all of
the QRT officers previously provided, and few of the QRTs
currently have permanent facilities, thereby limiting their
capabilities. In spite of these difficulties, in the 1st
quarter of fiscal year 2000, QRTs received 489 requests for
assistance, made 415 administrative arrests, removed 236 aliens
back to their countries (with an additional 179 currently in
removal proceedings), and presented 74 aliens for criminal
prosecution. Clearly, the Congress' interior enforcement plan
for the INS has demonstrated results. Yet, the INS has not
complied with the Committee's directive to identify additional
new QRT locations. This is completely unacceptable. Therefore,
the INS is directed to provide to the Committee, no later than
August 15, 2000, an updated quarterly report on the status of
each QRT, and to provide quarterly reports in a timely fashion
thereafter. Further, the INS is directed to consult with the
Committee to develop a deployment plan for the additional 23
QRTs provided for fiscal year 2001, and submit this plan no
later than December 1, 2000.
In addition, the Committee has provided an additional
$3,000,000 under the Community Oriented Policing Services
(COPS) program to expand the program to provide video-
teleconference equipment and other technology to State and
local law enforcement to allow them to contact INS to confirm
the status of an illegal alien who has been apprehended for
suspected criminal activity.
--$5,000,000, 46 positions and 23 FTE is for expansion of
the ongoing Criminal Alien Apprehension Program (CAAP) to
identify and deport criminal aliens in local and county jails,
pursuant to Public Law 105-141, to other locations in
California and other States. INS is directed to consult with
the Committee to develop a deployment plan for these additional
resources and submit this plan no later than December 1, 2000.
--$8,000,000, 50 positions and 25 FTE is for INS to enter
INS criminal alien records into the National Criminal
Information Center (NCIC). The current backlog of inputting INS
records into NCIC is so severe that INS is in danger of losing
its NCIC privileges. As of September 1999, less than 4 percent
of the total 230,929 cases qualified for entry in the Wanted
Persons File had been entered, and less than 15 percent of the
cases qualified for entry into the Deported Felon File had been
entered. As a result, hundreds of thousands of records on
wanted aliens and deported aggravated felons are not available
to INS and other Federal, State and local law enforcement,
resulting in potentially dangerous criminals being released
into the community. While the Committee has provided the
requested resources, it believes more must be done. The
Committee is concerned that INS does not have a comprehensive
plan to reduce this backlog in a timely and effective manner,
and therefore directs INS to submit such a plan, no later than
November 15, 2000, which includes timelines and specific
targets to eliminate this backlog.
The Committee has provided considerable resources for the
detention and deportation of criminal and illegal aliens and
has already stated its concern over the INS's lack of an
interior enforcement strategy that follows the Committee's
direction ``to focus on end-outcome of deportation, recognizing
that deportation is the strongest deterrent to illegal
immigration.'' Not only is the Committee concerned that INS
continues to ignore the Committee's request for a properly
designed interior enforcement strategy, but it is also
concerned that INS cannot even remove those criminal and
illegal aliens against whom the INS has spent valuable time and
resources to secure deportation and removal orders. Not only
does this result in a waste of INS resources, but it also
wastes resources of other agencies within the Department.
In order to accurately assess the degree to which INS
executes deportation and removal orders, the Committee requests
the following report by August 31, 2000: a comparison of the
number of deportation, exclusion, and removal orders sought and
obtained by the INS, broken down by district in which it was
actually issued, by type of order (deportation, exclusion,
removal, expedited removal, and others), by agency issuing the
order, the number of cases in each category in which INS has
successfully removed the alien, and the number of cases in each
category which INS has not removed the alien. The Committee
expects INS to consult with the Executive Office for
Immigration Review and other agencies in order to ensure that
complete and accurate data are provided in this report.
Additionally, the Committee directs INS to continue to provide
this report on a quarterly basis.
The Committee is frustrated by INS' failure to provide an
assessment of the overall detention needs and support for
Operation Vanguard as requested in the fiscal year 2000
conference report, which was due to the Committee by March 1,
2000, resulting in the Committee's inability to assess the
detention facility requirements in Grand Island, Nebraska. The
INS is directed to submit the required assessment no later than
August 15, 2000.
IDENT/IAFIS.--After the eventual capture of the now-
convicted railway serial killer, Rafael Resendez Ramirez, and
the subsequent Inspector General's report outlining the INS
Information Resource Management (IRM) and training failures,
the Committee instructed the Assistant Attorney General for
Administration to submit a plan to integrate the INS IDENT
system and the FBI IAFIS system. The Committee continues to be
concerned about the possibility of further serious violent
criminals being released from INS custody and believes this
integration project should be a high priority. Therefore, the
Committee directs that $5,000,000 from within existing INS base
funds available for IDENT be transferred to the Justice
Management Division to continue the planned integration
project, including systems design and development work and
additional operational testing. The Committee directs INS to
consult with the Committee prior to the deployment of IDENT to
additional locations.
Naturalization/Backlog Reduction.--The Committee has
provided significant resources to the INS over the last three
years--over $463 million--to address the naturalization backlog
and to improve the integrity of the naturalization process,
based upon INS' representation that it would achieve certain
results. Despite the Committee's continued concerns, once again
the recommendation provides additional resources to the INS to
address both the naturalization backlog and other immigration
benefits applications backlogs, an increase of $86,217,000 over
the current year level. The Committee expects the INS to
improve the services as promised, and directs the INS to
continue to provide monthly reports to the Committee on the
status of processing of naturalization, adjustment of status,
and all other immigration benefits applications. Within the
amounts available, the Committee expects INS to continue the
San Jose customer service pilot project.
Citizenship USA.--The Committee has expressed its
disappointment with INS handling of over 1.8 million
applications for citizenship during fiscal year 1996. This lack
of management attention to this most significant responsibility
is a clear example of the agency trying to handle too many
priorities at once. The result of this management failure to
correct the naturalization process was not only the granting of
citizenship to ineligible applicants, including criminals, but
a degradation of this benefit for the many applicants who were
deserving of citizenship.
Of the 263,000 individuals who were granted citizenship
without having a full criminal history check, 77,000 had
criminal history records with the FBI, of which nearly 17,250
had at least one felony arrest and 26,200 had one or more
misdemeanors; 125,000 cases had unreadable fingerprint cards so
fingerprint checks were not done and 61,000 cases contained no
evidence of any FBI fingerprint check at all. In addition, a
March 1999 Department of Justice report states that an
additional 71,413 unreviewed cases processed during the
Citizenship USA initiative were discovered. Last year, the
Committee requested a report on these additional cases by March
1, 2000, which the INS has yet to submit. Therefore, INS is
directed to review these cases and submit the previously
requested report no later than July 15, 2000.
offsetting fee collections
The Committee recommends a total of $1,438,812,000 in
offsetting fee collections, an increase of $169,215,000 from
the current year, to support activities related to the legal
admission of persons into the United States. These activities
are supported primarily by fees paid by persons who are either
traveling internationally or applying for immigration benefits.
The Committee notes that the fiscal year 2001 budget request
proposed $270,736,000 in new or expanded fees to support a
number of initiatives, including the reinstatement of Section
245(i); an increase in the fee charged certain airline
passengers; removal of the fee exemption for cruise ship
passengers; and the establishment of a voluntary premium
processing fee on certain applications. The Committee only
adopts the recommendation for establishment of the voluntary
premium processing fee. The following levels are recommended:
Immigration Inspections User Fees.--The Committee
recommendation includes $478,879,000 of spending from
offsetting collections in this account, an increase of
$32,728,000 above fiscal year 2000, and $50,224,000 below the
request, which was predicated on two controversial fee changes.
The recommendation includes $18,489,000 for adjustments to
base; and $12,186,000, 154 positions and 77 FTE to increase
primary inspectors at new airport terminals. INS is expected to
consult with the Committee prior to the deployment of these new
positions. The recommendation does not assume the proposed
upgrade of the journeyman level for inspectors.
Immigration Examinations Fees/Capital Investment Account.--
The Committee recommendation includes $918,717,000 to support
the adjudication of applications for immigration benefits which
is derived from $874,717,000 of spending from offsetting
collections from persons applying for immigration benefits and
$44,000,000 in direct appropriations. This represents an
increase of $86,217,000 over fiscal year 2000 spending on these
activities and is $15,900,000 below the fiscal year 2001 budget
request. The fiscal year 2001 budget request totals
$934,617,000 to support application processing which included
$899,817,000 from offsetting collections and $34,800,000 from
direct appropriations. This funding was requested under two
accounts as follows: $807,317,000 in the Immigration
Examinations Fees Account and $127,300,000 under a new Capital
Investment Account. The Committee recommendation does not
include the establishment of the Capital Investment Account,
but instead provides funding in the current Examinations Fees
Account and in the Citizenship Benefits Account of the Salaries
and Expenses appropriation.
Within the Examinations Fees Account, the recommendation
includes additional revenues to derive from the new voluntary
premium processing fee for business-related applications, but
does not provide for the reinstatement of Section 245(i). The
recommendation assumes approval of the reprogramming request
that was provided to the Committee on May 10, 2000, and
includes additional funding as requested for the Green Card
Replacement program; fingerprint processing at the application
support centers; data entry contracts at the Service Centers;
district office clerical support; and additional overtime. The
Committee understands that approval of this reprogramming will
provide the resources necessary for INS to meet its projected
completion rate of 1.3 million naturalization applications and
a 6 month processing time in fiscal year 2000. The
recommendation also includes $25,676,000 for adjustments to
base in fiscal year 2001, the full amount requested, and
$94,841,000 in program enhancements as follows: (1) $16,000,000
for implementing premium business service processing; (2)
$7,500,000 for anti-fraud investigations related to business-
related visa applications and marriage fraud; (3) $13,000,000
for the telephone customer service center, for a total of
$43,000,000, the full amount; (4) $4,200,000 for the indexing
and conversion of INS microfilm images, for a total of
$7,200,000; and (5) $53,641,000 for replacement of case
tracking system and hardware in field offices and to continue
the development and installation of digital photography and
signature capabilities in the Application Support Centers. In
addition, the Committee also recommends that the $44,000,000
provided in direct appropriations for application processing be
used for backlog reduction efforts as requested under the
Capital Investment Account.
Land Border Inspections Fees.--The Committee recommendation
includes $1,641,000 in spending from the Land Border Inspection
Fund, an increase of $93,000 over the current year. The current
revenues generated in this account are from Dedicated Commuter
Lanes in Blaine and Port Roberts, Washington, Detroit Tunnel
and Ambassador Bridge, Michigan, and Otay Mesa, California, and
Automated Permit Ports which provide pre-screened local border
residents border crossing privileges by means of automated
inspections.
Immigration Breached Bond/Detention Fund.--The
recommendation includes $80,600,000 in spending for detention
of illegal aliens from the Immigration Breached Bond/Detention
Fund in fiscal year 2001, a decrease of $29,823,000 below the
fiscal year 2000 level, and $29,534,000 below the request,
which assumed the reinstatement of Section 245(i). The
Committee does not recommend reinstatement of 245(i) and
instead has provided $37,500,000 within the Salaries and
Expenses, Enforcement and Border Affairs account to fund these
additional requirements.
Resources available in this Fund are derived from the
recovery of breached cash and surety bonds in excess of
$8,000,000 which are deposited in the Fund as offsetting
collections. In addition, resources are also available in this
account from a portion of fees charged under section 245(i) of
the Immigration and Nationality Act, which expired on January
14, 1998. Carryover balances from 245(i) fees collected in
prior years remain in this account for expenditure in fiscal
year 2001.
Other.--The Committee continues to be concerned that, to
this date, not one INS manager has been held accountable for
the failures of Citizenship USA. The Committee has again
included a provision in the bill that authorizes and directs
the Attorney General to impose disciplinary actions, including
the termination of employment, under the same policies and
procedures applicable to employees of the Federal Bureau of
Investigation, for any INS employee who violates Department
policies and procedures relative to granting citizenship or who
willfully deceives the Congress or Department Leadership on any
matter.
The Committee has again included provisions that limit the
level of staffing for the INS Offices of Congressional and
Public Affairs. The Committee has had considerable problems in
obtaining necessary information and requested reports from the
INS to assess its needs. This limitation is not to affect the
level of staffing dedicated to case work. In addition, the
recommendation continues the limitation on the number of non-
career employees at not to exceed four employees. The Committee
notes that other major components of the Department of Justice
all perform their law enforcement mission with one non-career
employee.
The Committee also recommends bill language, similar to
that included in previous appropriations acts, which provides:
(1) up to $50,000 to meet unforeseen emergencies of a
confidential nature; (2) for the purchase of motor vehicles for
police-type use and for uniforms, without regard to general
purchase price limitations; (3) for the acquisition and
operation of aircraft; (4) for research related to enforcement
of and up to $400,000 to be available until expended; (5) up to
$10,000,000 for basic officer training; (6) up to $5,000,000
for payments to State and local law enforcement agencies
engaged in cooperative activities related to immigration; (7)
up to $5,000,000 to fund or reimburse other Federal agencies
for costs associated with the repatriation of smuggled aliens;
(8) up to $30,000 may be paid to individual employees for
overtime; (9) up to $5,000 to be used for official reception
and representation expenses; (10) that funds in this Act or any
other Act may not 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-your
basis; (11) a limit on the level of funding for the Office of
Legislative and Public Affairs; (12) a limit on the amount of
funding available for non-career positions; (13) direction and
authorization for the Attorney General to impose disciplinary
actions, including termination of employment, for any INS
employee who violates Department policies and procedures
relative to granting citizenship or who willfully deceives the
Congress or Department leadership on any matter; and (14)
separate headings for Enforcement and Border Affairs and
Citizenship and Benefits, Immigration Support, and Program
Direction. In addition, new bill language is included under
both headings which specifies the number of positions and FTE
available to the INS.
Construction
The Committee recommends $110,664,000 for Construction
projects for the Immigration and Naturalization Service for
fiscal year 2001. The recommendation is $11,000,000 above the
current year appropriation and $471,000 below the request.
Border Control Projects.--Of the amount recommended,
$50,302,000 is for planning and construction of the following
border patrol facilities to meet space requirements for the
additional agents on the Southwest Border:
Construction:
--Tucson, AZ, CA, Border Patrol Station, $500,000
--Rio Grande City, TX, Border Patrol Station,
$3,837,000
--Hebbronville, TX, Border Patrol Station, $1,955,000
--El Centro, CA, Border Patrol Station, $4,000,000
--Yuma, AZ, Border Sector Headquarters, $4,000,000
--Douglas, AZ, Border Patrol Station, $8,000,000
--Temecula, CA, Border Patrol Station, $5,373,000
--Campo, CA, Border Patrol Station, $5,000,000
--Yuma, AZ, Border Patrol Station, $5,133,000
--Sanderson, TX, Border Patrol Station, $3,880,000
--San Diego, CA, Border Barriers, $3,300,000
--Laredo, Del Rio, TX, Checkpoints, $800,000
Planning, Site Acquisition, and Design:
--El Cajon, CA, Border Patrol Station, $307,000
--McAllen, TX, Border Patrol Station, $813,000
--Port Isabel, TX, Border Patrol Station, $500,000
--El Paso, TX, Border Patrol Station, $865,000
--Eagle Pass, TX, Border Patrol Station, $834,000
--McAllen, TX, Border Sector Headquarters, $685,000
--Tuscon, AZ, Border Sector Headquarters, $520,000
Detention and Deportation Projects.--Of the amount
recommended, $24,833,000 is for planning and construction of
additional bed space, to address expansion requirements at
existing facilities, as follows:
Construction:
--San Pedro, CA, Service Processing Center, $800,000
--Port Isabel, TX, Service Processing Center (400 new
beds), $10,400,000
--Krome, FL, Service Processing Center, $9,500,000
Planning, Site Acquisition, and Design:
--Port Isabel, TX, Service Processing Center,
$1,500,000
--Krome, FL, Service Processing Center, $1,184,000
--El Centro, CA, Service Processing Center, $300,000
--El Paso, TX, Service Processing Center, $1,149,000
Real Property Repairs and Alterations Program.--Of the
amount provided, $1,529,000, 16 positions and 8 FTE, is
provided to improve INS' ability to manage facilities
maintenance and repair projects.
Federal Prison System
Salaries and Expenses
The Committee recommends a fiscal year 2001 appropriation
of $3,475,769,000 for the salaries and expenses of the Federal
Prison System for fiscal year 2001. When combined with
$70,000,000 of projected carry over from fiscal year 2000, this
will provide an operating level of $3,545,769,000, which is the
level requested.
The Committee recommendation recognizes the critical
importance of providing adequate space for the incarceration of
sentenced and unsentenced Federal prisoners, and the need to
activate newly constructed prison facilities. The
recommendation provides for requested adjustments to base
including the annualization costs of new prisons activated and
additional contract services provided in the fiscal year 2000
appropriation.
Activation of New Prisons.--The Committee includes funding
for the activation of new facilities in: Pollock, Louisiana;
Atwater, California; Coleman, Florida; and Honolulu, Hawaii.
Also provided is funding to activate expansions of low security
facilities in: Fort Dix, New Jersey; Elkton, Ohio; Jesup,
Georgia; Yazoo City, Mississippi; Seagoville, Texas; and
Lompoc, California.
The recommendation also includes $84,462,000 to house an
additional 6,000 criminal aliens and an additional 520 non-
alien criminals in contract facilities.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which allows:
(1) for the purchase of motor vehicles for police-type use; (2)
for the provision of technical advice to foreign governments;
(3) for transfer of funds to the Health Resources and Services
Administration; (4) for the Director to enter into contracts to
furnish health care; (5) up to $6,000 for reception and
representation expenses; (6) up to $90,000,000 for activation
of prisons to remain available until September 30, 2002; (7) up
to $20,000,000 for contract confinement expenses for the care
and security of Cuban and Haitian entrants; and (8) for the
Federal Prison System to enter into contracts and other
agreements with private entities for multi-year periods for the
confinement of Federal prisoners.
Buildings and Facilities
The Committee recommends $835,660,000 for fiscal year 2001
for the construction, modernization, maintenance and repair of
prison and detention facilities housing Federal prisoners,
which is the amount requested. This amount is $278,869,000
above the amount provided in fiscal year 2000. The
recommendation does not include $1,326,000,000 requested as
advance appropriations for fiscal years 2002-2003.
The recommendation provides the full request for
adjustments to base, $224,722,000 for construction of two
facilities to assume the non-removable criminal aliens
population from the Immigration and Naturalization Service, and
$416,397,000 for the construction of four additional medium
security prisons. The Committee also provides $40,152,000 for
site and planning for new facilities requested in the budget,
including: a high security facility in the Western Region; a
high security facility in the Southeastern Region; a medium
security facility in the Southeastern Region; a medium security
facility in the Mid-Atlantic Region; and a medium security
facility in the Midwestern Region. The Bureau is expected to
consult with the Committee with respect to the siting and
planning of these facilities.
The Committee also recommends bill language, similar to
that included in previous Appropriations Acts, which allows:
(1) for planning, acquisition of sites, and construction of
facilities; (2) for leasing a facility in Oklahoma City; (3)
for acquisition, remodeling, and equipping facilities by
contract or force account; (4) up to $14,000,000 to construct
inmate work areas; (5) for use of prisoner labor; and (6) up to
10 percent of this appropriation to be transferred to the
salaries and expenses account.
Federal Prison Industries, Incorporated
(Limitation on Administrative Expenses)
The Committee recommends a limitation on administrative
expenses of $3,429,000 for Federal Prison Industries,
Incorporated for fiscal year 2001, which is the same level as
current limitation and equal to the request.
Office of Justice Programs
The Committee recommends a total of $4,080,382,000 in new
budget authority for fiscal year 2001 for the various law
enforcement assistance programs, juvenile delinquency
prevention programs, and research and statistics programs of
the Office of Justice Programs (OJP). Pursuant to section 301
of P.L. 106-311, $70,344,000 was rescinded from Department of
Justice accounts in fiscal year 2000. The Administration chose
to apply $70,088,000 of the rescission to OJP programs. The
fiscal year 2001 recommendation restores the funds rescinded
from OJP and represents a decrease of $4,317,000 below the pre-
rescission fiscal year 2000 appropriation and an increase of
$342,898,000 above the budget request. Included in these
amounts are funds for programs providing assistance to State
and local entities, such as the Local Law Enforcement Block
Grant program, the State Prison Grant program, the State
Criminal Alien Assistance Program, the Violence Against Women
Grant program, the Byrne Grant program, the Weed and Seed
program, Juvenile Justice and Delinquency Prevention programs,
and Victims of Child Abuse programs.
Justice Assistance
The Committee recommends $307,611,000 in direct
appropriations for Justice Assistance for fiscal year 2001,
which is equal to the amount provided in fiscal year 2000 and
$63,649,000 below the budget request.
The funding provided for this account provides assistance
to States and localities in the form of research, evaluation,
statistics, information sharing, emergency assistance, missing
children assistance and the management and administration of
all grants provided through the Office of Justice Programs.
An explanation of the recommendation for each program
funded under this account follows:
National Institute of Justice.--The Committee
recommendation provides $41,448,000 for the National Institute
of Justice (NIJ) for fiscal year 2001, which is $7,952,000
below the request and $2,000,000 below the current year. In
addition, as in fiscal year 2000, $20,000,000 will be provided
to NIJ from the Local Law Enforcement Block Grant for assisting
local units to identify, select, develop, modernize, and
purchase new technologies for use by law enforcement; and
$5,200,000 will be provided for research and evaluation under
the Violence Against Women Grants program.
NIJ is the nation's primary source of research and
development in the field of criminal justice. NIJ fosters
innovation in law enforcement technologies and practices,
investigative causes and patterns of crime, and informs the
public of research and development findings. Within the total
funding level provided to NIJ for fiscal year 2001, the
Committee has provided resources for the following initiatives:
1. Defense Technology Network.--The Committee is supportive
of efforts by the Justice Department, in conjunction with the
Department of Defense, to convert non-lethal defense technology
to law enforcement use. Within the amount recommended,
$10,277,000, the amount in the current fiscal year, is provided
to continue the law enforcement technology center network,
which provides States with information on new equipment and
technologies, as well as assisting law enforcement agencies in
locating high cost/low use equipment for use on a temporary or
emergency basis, of which the current year level is provided
for the technology commercialization initiative at the National
Technology Transfer Center.
The Committee notes the contributions made by the National
Law Enforcement and Corrections Technology Center (NLECTC)
system in providing technical assistance and in assisting local
units of law enforcement to identify, select, develop,
modernize, and purchase new technologies.
2. DNA Technology Research and Development Program.--Within
the amount provided to NIJ, $5,000,000, the amount in the
current fiscal year, is to develop a highly accurate, reliable,
economic, quick and acceptable DNA testing approach. The
objectives of the program are to reduce the cost of DNA
testing, reduce testing time, develop inexpensive, discardable
DNA test systems suitable for use in the field, and increase
the reliability and legal credibility of DNA testing.
The budget request proposed moving this program and the
NLECTC system under the Community Oriented Policing Services
account. The Committee believes that these programs have been
successfully managed by NIJ and do not approve the proposed
transfer.
3. Facial Recognition.--Within the amount provided, the
Committee expects NIJ to continue, at least at the current year
level, the Facial Recognition project to locate and identify
missing and exploited children, eradicate child pornography on
the Internet, and conduct subject identification from video
images in support of law enforcement agencies.
The Committee is aware of a number of research and
technology initiatives that will enhance law enforcement
capabilities. Within the overall amounts recommended for NIJ,
the Committee expects the Office of Justice Programs to examine
each of the following proposals, to provide grants if
warranted, and to submit a report to the Committee on its
intentions for each proposal:
--the current year level for information technology
applications for High Intensity Drug Trafficking Areas;
--the current year level for research into non-toxic
drug detection and identification aerosol technology;
--a grant for the Snohomish County Medical Examiner's
Office to assist in the development of a new death
investigation module for the FBI's ViCAP system;
--the current year level for a program with a
Department of Criminal Justice Training and a College
of Criminal Justice to evaluate and assist in providing
for technology needs for rural State and local law
enforcement officers, as part of the NLECTC system.
Bureau of Justice Statistics.--The Committee recommendation
provides $25,505,000 for the Bureau of Justice Statistics (BJS)
for fiscal year 2001, which is equal to the amount provided in
the current year appropriation and $7,695,000 below the
request. The BJS is responsible for the collection, analysis
and publication of statistical information on crime, criminal
offenders, victims of crime, and the operations of the Nation's
justice systems.
Missing Children.--The Committee recommendation provides
$19,952,000 for the Missing Children program for fiscal year
2001, which is the same as the amount provided in the current
year appropriation and $48,000 below the request. This program
provides funds to combat crimes against children, particularly
kidnapping and sexual exploitation. Within the amounts
provided, the Committee recommendation includes $9,654,000 for
the National Center for Missing and Exploited Children and
$1,500,000 for operations at the Jimmy Ryce Law Enforcement
Training Center, the same amounts as in the current year
appropriation.
Regional Information Sharing System.--The Committee
recommendation provides $20,000,000 for fiscal year 2001 for
the Regional Information Sharing System (RISS), which is the
same as the amount provided in the current year appropriation
under this account, and the full amount requested. An
additional $5,000,000 is provided for this program under the
Community Oriented Policing Services (COPS) law enforcement
technology program, as was provided in the current year
appropriation. The RISS program provides funds to maintain six
regionally-based information sharing centers throughout the
United States which are connected electronically to form a
nationwide network to allow for the automated exchange of
information between law enforcement entities addressing major,
multi-jurisdictional crimes.
White Collar Crime Information Center.--The Committee
recommends a total of $9,250,000 for the National White Collar
Crime Center (NWCCC) for fiscal year 2001, which is equal to
the current year appropriation and $8,750,000 below the amount
requested. This program provides assistance to State and local
law enforcement and regulatory agencies in addressing multi-
jurisdictional white collar crimes.
Domestic Preparedness Assistance.--The Committee
recommendation provides a total of $152,000,000 to continue its
initiative to prepare, equip and train State and local entities
to respond to incidents of chemical, biological, radiological
and other incidents of domestic terrorism. Of this amount, the
Committee recommends the following:
Equipment Grants.--$93,500,000 is provided for general
equipment grants for State and local first responders,
including, but not limited to, firefighters and emergency
services personnel. This amount represents an increase of
$15,500,000 above the current year and the request for this
program, and is to be used only to provide equipment grants to
State and local first responders. The Committee reiterates that
these resources are to be used to meet the needs of the maximum
number of communities possible, based upon a comprehensive
needs assessment which takes into account the relative risk to
a community, as well as the availability of other Federal,
State and local resources to address this problem. The
Committee understands that these needs and risk assessments are
currently being conducted by each State, and State-wide plans
are being developed, and intends that such plans will address
the needs of the local communities. The Committee continues its
direction included in the fiscal year 2000 conference report
regarding distribution of general equipment grants only in
accordance with State-wide plans.
The Committee does not include funding for the Department
of Justice to assume funding responsibility for the Nunn-Lugar-
Domenici program, which was authorized and funded through the
Department of Defense. The OJP is directed not to divert
funding provided to support Department of Justice
counterterrorism programs to DOD activities, and instead
expects DOD to continue to provide funding to complete this
program.
State and Local Bomb Technician Equipment.--$10,000,000 is
provided for equipment grants for State and local bomb
technicians, the full amount requested and the same level
provided in fiscal year 2000. The Committee notes that it has
not yet received the assessment requested in the fiscal year
2000 conference report, and directs the National Domestic
Preparedness Office (NDPO) to submit this assessment no later
than August 15, 2000.
Training.--$41,500,000 is provided for training programs
for State and local first responders, an increase of $4,500,000
above the current year level, to be distributed as follows:
$29,500,000 is for the National Domestic Preparedness
Consortium, of which $13,500,000 is for the Center for
Domestic Preparedness at Ft. McClellan, Alabama, and
$16,000,000 is to be equally divided among the four
other Consortium members; and
$12,000,000 is for additional training programs to
address emerging training needs not provided for by the
Consortium or elsewhere, including $3,000,000 for its
on-going distance learning training program. In
addition, the Committee expects OJP to continue the on-
going equipment sustainment training program at no less
than the current level. In distributing these funds,
the Committee expects OJP to consider the needs of
firefighters and emergency services personnel, and
State and local law enforcement.
Counterterrorism Research and Development.--$5,000,000 is
provided for the National Institute of Justice for a
competitive counterterrorism research and development program.
The Committee intends for this funding to be used to support
the development of counterterrorism technologies, assist in the
development of standards for those technologies, and work with
State and local jurisdictions to identify particular areas of
need for research to address vulnerabilities related to
terrorism acts.
The Committee supports the Training and Technical
Assistance Branch's efforts in this area to better coordinate
and deliver a comprehensive, coordinated strategy for training
and technical assistance, and therefore, recommends $2,000,000
and 11 positions for implementation of the branch's operational
plan for Statewide Domestic Preparedness Strategies.
Management and Administration.--The Committee
recommendation provides $39,456,000 for the management and
administration (M&A;) of the Office of Justice Programs, which
does not include funds for the administration of Juvenile
Justice programs, which are provided within funds under the
Juvenile Justice heading. In addition, reimbursable funding
will be provided from the Community Oriented Policing Services
and the State and Local Law Enforcement Assistance Programs for
the administration of grants under these activities.
The Committee is pleased with the Office of Justice
Programs reorganization plan, which will establish the Office
of State and Local Information Transfer, the Office of Grant
Management/State Desks and several new program offices to
better address program policy, direction, and administration.
The Committee directs the Office of Justice Programs to report
to the Committee on the implementation of the reorganization
plan by December 31, 2000. The Committee encourages the Office
of Justice Programs to continue to evaluate its organizational
structure and look for ways to streamline and simplify the
administration of law enforcement grants to State and local
governments.
state and local law enforcement assistance
The Committee recommends a total of $2,823,950,000 for
fiscal year 2001 for State and Local Law Enforcement Assistance
programs. In previous years, a portion of funding for this
account was derived from the Violent Crime Reduction Trust Fund
(VCRTF). Authorization for the VCRTF ends on September 20,
2000. Therefore, all the funding for this account is derived
from direct appropriations. Pursuant to section 301 of P.L.
106-311, $70,344,000 was rescinded from Department of Justice
accounts in fiscal year 2000. The Administration chose to apply
$70,088,000 of the rescission to programs funded within this
account. The fiscal year 2001 recommendation restores the
rescission and is $5,000,000 less than the pre-rescission level
provided in fiscal year 2000. This is $1,161,750,000 above the
amount requested. These funds will provide assistance to State
and local governments in their drug control and crime fighting
efforts as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
2000
conference 2000 2001 request 2001
report rescission recommendation
----------------------------------------------------------------------------------------------------------------
Byrne Grants:
Discretionary Grants.............................. $52,000 ............ $59,500 $52,000
Formula Grants.................................... 500,000 ............ 400,000 500,000
Total, Byrne Grants............................. 552,000 ............ 459,500 552,000
Local Law Enforcement Block Grant..................... 523,000 (25,116) 0 523,000
(Boys and Girls Club Earmark)....................... (50,000) ............ 0 (50,000)
Juvenile Crime Block Grant............................ 250,000 (12,005) 0 250,000
Indian Country Grant Program (new).................... 0 ............ 21,000 0
Indian Tribal Courts Initiative....................... 5,000 ............ 15,000 0
Drug Courts........................................... 40,000 ............ 50,000 40,000
State Prison Grants................................... 686,500 (32,967) 75,000 686,500
State Criminal Alien Asst. Program.................... 420,000 ............ 600,000 420,000
State Prison Drug Treatment........................... 63,000 ............ 65,000 63,000
Drug Intervention Program (New)....................... 0 ............ 75,000 0
Violence Against Women Grants......................... 283,750 ............ 296,000 283,750
Other Crime Control Programs:
Missing Alzheimer's Patients...................... 900 ............ 900 900
Law Enforcement Family Support.................... 1,500 ............ 1,500 1,500
Motor Vehicle Theft Prevention.................... 1,300 ............ 1,300 1,300
Senior Citizens Vs Marketing Scams................ 2,000 ............ 2,000 2,000
---------------------------------------------------------
Total, State and Local Assistance............... 2,828,950 (70,088) 1,662,200 2,823,950
----------------------------------------------------------------------------------------------------------------
Local Law Enforcement Block Grant.--The Committee
recommendation includes $523,000,000 for the Local Law
Enforcement Block Grant program, which is $523,000,000 above
the request and restores the $25,116,000 fiscal year 2000
rescission the Administration applied to this program. The
Administration proposed to eliminate funding for this block
grant in the fiscal year 2001 request. This program provides
grants to localities to reduce crime and improve public safety.
Of the amount included, $20,000,000 will be provided to NIJ for
assisting local units of government to identify, select,
develop, modernize, and purchase new technologies for use by
law enforcement. The recommendation also includes language that
allows $50,000,000 of these funds to be used for Boys and Girls
Clubs.
The recommendation for funding for the Local Law
Enforcement Block Grant continues the commitment to provide
local governments with the resources and flexibility to address
specific crime problems in their communities with their own
solutions. Localities use these resources for activities such
as: law enforcement hiring, overtime, equipment and technology;
enhanced security measures in and around schools; drug courts;
adjudication of violent offenders, including violent juvenile
offenders; crime prevention programs; and multi-jurisdictional
task forces.
State Prison Grants.--The Committee recommendation includes
$686,500,000 for the State Prison Grants program, which is
$611,500,000 above the request and restores the $32,967,000
fiscal year 2000 rescission the Administration applied to this
program. Of the funds provided, $165,000,000 is available to
States for the incarceration of criminal aliens and $35,000,000
is for the Cooperative Agreement Program. This program provides
grants to States to build and expand temporary or permanent
correctional facilities, boot camps, and jails to increase the
capacity for confinement of violent criminals.
State Criminal Alien Assistance Program.--The
recommendation provides $420,000,000 for the State Criminal
Alien Assistance Program (SCAAP) for the reimbursement to
States for the costs of incarceration of criminal aliens. This
amount is in addition to $165,000,000 which is included for
this purpose under the State Prison Grants program. Thus, the
Committee recommends a total of $585,000,000 for reimbursement
to States for alien incarceration, which is $15,000,000 below
the amount requested and the same level as the current year
appropriation.
Edward Byrne Grants to States.--The Committee
recommendation provides $552,000,000 for the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program, of
which $52,000,000 is for discretionary grants and $500,000,000
is for formula grants under this program. The recommended level
is $92,500,000 above the level requested, and the same amount
provided in the current year.
Discretionary Grants.--The Committee recommendation
provides $52,000,000 for discretionary grants under Chapter A
of the Edward Byrne Memorial State and Local Assistance Program
to be provided by the Bureau of Justice Assistance (BJA) to
public or private agencies and nonprofit organizations, for
educational and training programs, technical assistance,
improvement of State criminal justice systems, and
demonstration projects of a multi-jurisdictional nature. Within
the amount provided for discretionary grants, the Committee
expects BJA to continue funding at the current level for the
following programs:
--the Drug Abuse Resistance Education (DARE AMERICA)
program;
--the National Motor Vehicle Title Information
System, authorized by the Anti-Car Theft Improvement
Act, to modify state computer software, assist joint
state research and development and establish network
infrastructure;
--the Washington Metropolitan Area Drug Enforcement
Task Force for expansion of the regional gang tracking
system;
--the SEARCH Group, Inc. to continue the National
Technical Assistance Program, which provides support to
State and local criminal justice agencies to improve
their use of computers and information technology;
--the Rural Crime Prevention and Prosecution program;
--the Night Light program which assigns probation
officers to patrol with law enforcement officers during
peak crime hours;
--the National Crime Prevention Council to continue
the National Citizens Crime Prevention Campaign
(McGruff); and
--the National Forensic Science Technology Center to
establish proficiency tests and to perform a needs
analysis of all crime laboratories utilized by Federal
law enforcement to address quality, standardization,
and accreditation needs.
In addition, within the amounts appropriated for
discretionary grants, the Committee also expects BJA to examine
each of the following proposals, to provide grants if
warranted, and to submit a report to the Committee on its
intentions for each proposal: Kane County Child Advocacy
Center; Haymarket Center; the Illegal Firearms Reduction
Program; the DuPage County Children's Sexual Abuse Center to
aid in the investigation and prosecution of sexual abuse;
Operation NITRO in Newark, New Jersey; the Rural Law
Enforcement Technology and Training Center; Kentucky Children's
Advocacy Centers; a community court pilot project in Los
Angeles; Policing Initiative for the Homeless in Clearwater,
Florida; National Children's Advocacy Center in Huntsville,
Alabama to aid the investigation and prosecution of child
abuse; the National Training and Information Center; The Doe
Fund's Ready, Willing & Able program; and Crimestoppers in
Lexington, Kentucky.
Formula Grants.--The Committee recommendation provides
$500,000,000 for formula grants to States under the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Program to improve the functioning of the criminal justice
system with an emphasis on drugs, violent crime and serious
offenders. This represents the same level of funding as in the
current year and an increase of $100,000,000 above the
requested level.
Juvenile Accountability Incentive Block Grant.--The
Committee recognizes the importance of supporting efforts that
will continue to reduce juvenile crime. The recommendation
includes $250,000,000 for the Juvenile Accountability Incentive
Block Grant program, which restores the $12,005,000 fiscal year
2000 rescission the Administration applied to this program and
is $250,000,000 above the request. The Administration proposed
to eliminate funding for this block grant in the fiscal year
2001 budget request. Language is included to provide for the
distribution of block grant funding under the terms and
conditions provided in the fiscal year 2000 conference report.
Funds are available for the following purposes:
(1) building, expanding or operating juvenile
detention and corrections facilities;
(2) developing and administering accountability-based
sanctions for juvenile offenders;
(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders, and funding
pre-trial services for juveniles, to ensure the smooth
and expeditious administration of the juvenile justice
system;
(4) hiring additional prosecutors so that more cases
involving violent juvenile offenders can be prosecuted
and backlogs can be reduced;
(5) providing funding to enable prosecutors to
address drug, gang, and youth violence more
effectively;
(6) providing funding for technology, equipment and
training to assist prosecutors in identifying and
expediting the prosecution of violent juvenile
offenders;
(7) providing funding to enable juvenile courts and
probation offices to be more effective and efficient in
holding juvenile offenders accountable;
(8) establishing court-based juvenile justice
programs that target young firearms offenders through
the establishment of juvenile gun courts for the
adjudication and prosecution of juvenile firearms
offenders;
(9) establishing drug court programs for juvenile
offenders;
(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile
and criminal justice system, schools, and social
services agencies to identify, control, supervise and
treat serious juvenile offenders; and
(11) establishing and maintaining accountability-
based programs that work with juvenile offenders who
are referred by law enforcement agencies, or which are
designed, in cooperation with law enforcement
officials, to protect students and school personnel
from drug, gang, and youth violence.
It is the view of the Committee that restorative justice
programs are included within the purposes set forth in
paragraph (2) and should be strongly encouraged.
Indian Tribal Court Initiative.--The recommendation does
not include funding for the requested Indian Tribal Court
Initiative, which is an initiative that is not defined or
authorized.
Violence Against Women Act.--The Committee recommends
$283,750,000 to support grants under the Violence Against Women
Act, which is the same level as the current year and
$12,250,000 below the request. Grants provided under this
recommendation are for the following programs:
VIOLENCE AGAINST WOMEN ACT PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
2001
2000 2001 request recommendation
------------------------------------------------------------------------
Violence Against Women Act
Grant Programs:
General Grants.......... $206,750 $220,000 $207,750
(Civil Legal (28,000) (35,250) (35,250)
Assistance)........
Victims of Child Abuse:
CASA (Special 10,000 9,000 9,000
Advocates).........
Training for 2,000 2,000 2,000
Judicial Personnel.
Grants for Televised 1,000 1,000 1,000
Testimony..........
Grants to Encourage 34,000 34,000 34,000
Arrest.................
Rural Domestic Violence. 25,000 25,000 25,000
Training Programs....... 5,000 5,000 5,000
-------------------------------------------
Total, VAWA Program... 283,750 296,000 283,750
------------------------------------------------------------------------
Funding included for Violence Against Women Act programs
will continue to provide resources to expand units of law
enforcement officers and prosecutors specifically targeted at
crimes against women, to develop and implement effective arrest
and prosecution policies to prevent, identify and respond to
violent crimes against women, and to provide much needed
victims services including specialized domestic violence court
advocates to obtain protection orders.
The recommendation provides $207,750,000 for law
enforcement and prosecution grants, commonly referred to as the
STOP (Services-Training-Officers-Prosecutors) Violence Against
Women Formula Grant Program, which is $1,000,000 above the
current level and $12,250,000 below the request. Within this
amount, the Committee recommendation includes $35,250,000 for
the purpose of augmenting civil legal assistance programs to
address domestic violence, the same level as requested and an
increase of $7,250,000 over the current year; $5,200,000 for
research and evaluation of domestic violence programs, as
requested; and $10,000,000 for the Safe Start program, which
provides direct intervention and treatment to youth who are
victims, witnesses or perpetrators of violent crimes, as
requested. The recommendation does not include funding for
enhancing the domestic prosecution unit within the District of
Columbia and the violence on college campuses project, which
were funded in fiscal year 2000 but not included in the budget
request. The recommendation also does not fund the new earmarks
in the budget request for research and data collection.
The recommendation includes funding as requested for the
following Violence Against Women Act programs at the requested
level: Grants to Encourage Arrest Policies; the Rural Domestic
Violence program; Victims of Child Abuse programs; and training
programs.
Drug Courts.--The recommendation includes $40,000,000 for
the Drug Courts grant program, the same as in the current
fiscal year and $10,000,000 below the budget request. This
program provides grants to State, local, and Indian tribal
governments to develop dedicated drug courts that subject non-
violent offenders to an integrated mix of treatment, drug
testing, incentives, and sanctions. The recommendation does not
include requested language earmarking funds for research.
Substance Abuse Treatment for State Prisoners.--The
Committee recommends $63,000,000 for grants to States and units
of local government for development and implementation of
residential substance abuse treatment programs within State
correctional facilities and certain local correctional and
detention facilities. This is the amount of the current year
appropriation, and $2,000,000 below the request. The
recommendation does not include requested language expanding
the use of these grants to provide after-care for released
State prisoners.
Zero Tolerance and Drug Intervention Initiative/Indian
Country Grant Program.--The Committee does not recommend
funding for these initiatives, for which $75,000,000 and
$21,000,000 were requested, respectively. The Committee has not
provided funding for any new unauthorized programs. The
Committee also notes that funding for drug treatment and job
training for offenders released from prison is provided from
the Department of Health and Human Services and the Department
of Labor.
Safe Return Program.--The Committee recommendation includes
$900,000 to continue the national program to locate missing
Alzheimer's disease patients, the same level as in fiscal year
2000 and the request.
Law Enforcement Family Support programs.--The
recommendation includes $1,500,000 for programs that provide
support services to law enforcement officers and their
families, the level in the current year appropriation and the
amount requested.
Motor Vehicle Theft Prevention.--The recommendation
provides $1,300,000 for grants to combat motor vehicle theft
through cooperative partnerships between car owners and State
and local law enforcement to reduce car theft committed by
professional auto thieves and to facilitate their recovery.
This amount is the same as the level provided in the current
fiscal year and the amount requested for this program.
Senior Citizens Against Marketing Scams.--The
recommendation includes $2,000,000, the same level as provided
in the current fiscal year and the full amount requested, for
programs to assist law enforcement in preventing and stopping
marketing scams against the elderly.
The Committee is aware that responding to false residential
and commercial alarms has proven to be a drain on local law
enforcement resources. Funding to address this problem is
available within the Local Law Enforcement Block Grant Program.
Treatment of Guam under State and Local Law Enforcement
Assistance.--Currently, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands are considered
``one state'' in the grant formula of the Local Law Enforcement
Block Grant (LLEBG) and the Juvenile Accountability Incentive
Block Grant (JAIBG) programs. The District of Columbia, the
Commonwealth of Puerto Rico, and the U.S. Virgin Islands all
receive the full State share. Guam however, is the next most
populous territory behind the District of Columbia and Puerto
Rico. Improving law enforcement capabilities in Guam is a major
concern to the island's residents and ensuring that Guam is
treated as a single state under the LLEBG and JAIBG programs
will restore fairness to the formula and provide law
enforcement officials in Guam with much-needed resources.
weed and seed program fund
The Committee recommendation provides $33,500,000 for the
Weed and Seed program. This amount is the same as the current
year appropriation and $8,500,000 below the request.
The Committee recognizes that crime disproportionately
affects disadvantaged neighborhoods. The Committee also
recognizes that the best solutions to crime problems are
customized to neighborhood needs. The Weed and Seed program
serves as a crime prevention catalyst, coordinating existing
anti-crime efforts in high-crime neighborhoods and leveraging
other resources for activities such as truancy prevention,
conflict resolution, mentoring, gun abatement, justice
innovations, jobs for at-risk youth, and anti-gang initiatives.
The Committee also recommends bill language, included in
previous fiscal years, making funds available for grants or
agreements with State agencies or to reimburse Federal agencies
in order to execute the Weed and Seed strategy, and also allows
for the use of other Department of Justice funds to support the
Weed and Seed program.
Community Oriented Policing Services
The Committee recommendation includes $595,000,000 for the
Community Oriented Policing Services--the COPS program--for
fiscal year 2001. This is the same level as the current year
and $740,000,000 below the request. In addition, the
Committee's recommendation allows $150,000,000 of unobligated
balances to be used for innovative community policing programs
bringing the total funding provided for the COPS program to
$745,000,000.
The COPS program budget request reported $318,372,000
available in carry over from fiscal year 1999 to fiscal year
2000. Since the fiscal year 2000 appropriation declined from
the previous year's level, it is assumed that the level of
carry over available in fiscal year 2001 will also decline.
However, the Committee understands that, as of May 16, 2000,
only $127,242,000 of the $497,500,000 provided in fiscal year
2000 for hiring had been obligated and that there are funds
available in excess of the applications that had been submitted
in the first half of this fiscal year. The Committee also
understands that, as of May 16, 2000, the COPS program had
recovered $77,265,000 in prior year deobligations, primarily
from the hiring program, and anticipated that recoveries could
reach $100,000,000. In fiscal year 1999, the COPS program
recovered $141,946,000. The Committee is alarmed at the level
of funds that the COPS program recovers each year and does not
understand how amounts in excess of $100 million can be
deobligated in a program that pays personnel compensation. The
Committee is concerned that it is not regularly informed about
the levels of funds that are recovered during the fiscal year,
the Administration's plans to utilize these funds and the
impact on the pending budget request. The Committee intends
that the use of prior year recoveries by the COPS program to
augment a current year program be subject to the reprogramming
requirements outlined in section 605 of this Act. The Committee
prohibits the COPS program from obligating any funds available
from prior year recoveries not reported in the budget
submission without the approval of a reprogramming. Given the
obligation activity through mid-May and the level of prior year
recoveries, it is estimated conservatively that $150,000,000 in
unobligated balances will carry over into fiscal year 2001.
Police Hiring Initiatives.--The Committee has provided
funding since fiscal year 1994 to support grants for the hiring
of over 100,000 police officers. On May 12, 1999, the COPS
office announced that it had reached its goal of hiring 100,000
police officers. However, while more than 100,000 police
officers have been funded, only 60,000 are on the street
according to testimony before the Committee. The Committee
questions whether this number is still accurate given the high
level of deobligations being reported by the COPS program. Even
though the Administration has not yet reached its goal of
getting 100,000 police officers on the street, it has updated
this initiative to support grants for funding up to 150,000
police officers by the year 2005.
The COPS hiring program request for fiscal year 2001
assumes changes to the hiring program that have not been
authorized nor has authorizing legislation been submitted by
the Administration for consideration. The budget request
assumes these unauthorized changes such as: adjusting the
amount available for training and technical assistance to 5
percent from the current level of 3 percent; increasing the
maximum level of funds granted per police officer to $125,000
from $75,000; and providing retention grants to provide a
fourth year of funding for certain grantees. Funding and
authorization language for these new relaxed requirements are
not provided.
The Committee recommendation includes $384,500,000 for the
hiring program in fiscal year 2001. This funding level will
allow the hiring program to continue towards its goal of
reaching 150,000 police officers by year 2005. Of the amount
provided, up to $180,000,000 is for the continuation of the
school resource officers hiring program to improve the safety
of elementary and secondary school children and educators in
and around schools.
Non-Hiring Initiatives.--The Committee wants to ensure that
there is adequate infrastructure for police officers, similar
to the focus that has been provided for Federal law enforcement
over the past several years. This will allow police officers
to: work more efficiently; be equipped with the protection,
tools and technology they need including bullet proof vests;
and have the flexibility to design specific strategies to
target specific crime problems, such as crime in and around
schools, the emergence of methamphetamine, and the challenges
of policing ``hot spots'' of drug market activity. The
Committee therefore provides $210,500,000 in direct
appropriations and $150,000,000 of available funds from fiscal
year 2000 to continue the following COPS non-hiring programs:
1. COPS Bullet-proof vests initiative.--The Committee
directs $25,000,000 of available unobligated balances to be
used to provide State and local law enforcement agencies with
matching grants for bullet proof vests. This is the same level
of funds provided in fiscal year 2000 and amount requested.
2. COPS School Violence Initiatives.--The Committee directs
$5,000,000 of appropriated funds and $10,000,000 in unobligated
balances for a total of $15,000,000 to provide grants to
policing agencies and schools for programs aimed at preventing
violence in schools, and to support the assignment of officers
to work in collaboration with schools and community-based
organizations to address crime and disorder problems, gangs,
and drug activities affecting or occurring in or around an
elementary or secondary school, to develop or expand crime
prevention efforts for students, to provide education in crime
prevention and safety, to develop or expand community justice
initiatives, to train students in conflict resolution, to
assist in identifying physical improvements in the schools to
reduce crime, and to assist with the development of anti-crime,
school policy and procedural changes. These programs are
necessary to address what appears to be a growing trend of
extreme violence within schools by and against students. Within
the overall amounts recommended for this program, the Committee
expects the COPS office to examine the following proposals, to
provide grants if warranted, and to submit a report to the
Committee on its intentions for grants to: the Home Run Program
to place probation officers in school districts to assist
elementary schools with children beginning to engage in
delinquent behavior; and the Safer School Initiative in
Maricopa County.
3. COPs Law Enforcement Technology Program.--The Committee
recommendation directs $100,000,000 of unobligated balances to
be used for continued development of technologies and automated
systems to assist State and local law enforcement agencies in
investigating, responding to and preventing crime. In
particular, the Committee recognizes the importance of sharing
criminal information and intelligence among State and local law
enforcement agencies to address multi-jurisdictional crimes.
Within the amounts made available under this program, the
Committee expects the COPS office to award grants to continue
the following technology programs at the current year level:
--the Regional Information Sharing System (RISS) for
the RISS Secure Intranet to increase the ability of law
enforcement member agencies to share and retrieve
criminal intelligence information on a real-time basis;
--videoteleconferencing equipment necessary to assist
State and local law enforcement in contacting the
Immigration and Naturalization Service to allow them to
confirm the identification of illegal and criminal
aliens in their custody;
--the Law Enforcement On-Line Program; and
--the Ventura County Integrated Justice Information
System.
In addition, the Committee is aware of communications and
technology needs of various law enforcement agencies. Within
the overall amounts recommended for the COPS technology
program, the Committee expects the COPS office to examine each
of the following proposals, to provide grants if warranted, and
to submit a report to the Committee on its intentions for each
proposal:
--a grant for the Southwest Alabama Department of
Justice's initiative to integrate data from various
criminal justice agencies to meet SW Alabama's public
safety needs;
--a grant for the WEBCHECK system to allow background
checks to be completed over the internet;
--a grant for the Missouri State Highway Patrol's
integration technology program;
--a grant for a California Highway Patrol
communications system;
--a grant for SmartCOP in the state of Alabama;
--a grant for Project Hoosier SAFE-T;
--a grant for a Criminal Justice Agency Access to
Court Records project; and
--grants for technology to police and sheriff's
departments in communities that are in need of
modernizing their equipment and for which alternative
sources of funding are not available, including: the
communities of East Baton Rouge Parish, Ascension
Parish and Livingston Parish, Louisiana; Riverside,
California; Orange County, California; Shively,
Kentucky; Citrus Heights, California; Bellevue,
Washington; Suffolk County, New York; Delaware County,
Indiana; Riviera Beach, Florida; Jackson, Mississippi;
Clearwater, Florida, Arcadia and Sierra Madre,
California; Bell Gardens, California; Chattanooga,
Tennessee; Huntsville, Alabama; Long County, Georgia;
Pinellas County, Florida; Jefferson County, Kentucky;
Lexington, Kentucky; Clackamas County, Oregon; Daviess
County, Kentucky; Falls Church, Virginia; Yuma,
Arizona; Mexico Beach, Florida; and Spokane County,
Washington.
4. COPs Methamphetamine/Drug Hot Spots Program.--The
Committee provides $45,675,000 in appropriations for State and
local law enforcement programs to combat methamphetamine
production and distribution, to target drug ``hot spots'' and
to reimburse the Drug Enforcement Administration for assistance
to State and local law enforcement for proper removal and
disposal of hazardous materials at clandestine methamphetamine
labs. This is $10,000,000 above the level provided in fiscal
year 2000 and is $45,675,000 above the request, which proposed
deletion of the program. The Committee is aware that the
production, trafficking, and usage of methamphetamine, an
extremely destructive and addictive synthetic drug, is a
growing national problem. Despite some successes in the seizure
of clandestine drug laboratories, limited State and local law
enforcement resources coupled with the complexity of
clandestine laboratory enforcement investigation and cleanup
processes have made the fight against illicit methamphetamine
manufacturing a difficult one.
The Committee also recognizes that most research on crime
programs concludes that the effective programs seem to share a
key characteristic--they target specific types of crimes,
convicts, or potential lawbreakers. The Committee believes that
grants to policing agencies and community-based entities to
fund directed patrols, proactive arrests and problem solving in
drug ``hot spots'' will show evidence of drug and crime
reduction.
Within the amount provided, the Committee has included
$20,000,000 to be reimbursed to the Drug Enforcement
Administration for assistance to State and local law
enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs. The Committee
also expects the COPS office to award grants up to the current
year funding level for the following programs:
--the Tri-State Methamphetamine Training Program (IA/
SD/NE);
--the Western Kentucky Methamphetamine Initiative;
and
--the Eastern Appalachian Taskforce on
Methamphetamine Eradication in Tennessee, including
$100,000 to establish video conferencing with the
Hamilton County District Attorney's Office.
In addition, within the overall amounts recommended, the
Committee expects the COPS office to examine each of the
following proposals, to provide grants if warranted, and to
submit a report to the Committee on its intentions for each
proposal:
--a grant to the California Bureau of Narcotics
Enforcement's Methamphetamine Strategy to support
additional law enforcement officers, intelligence
gathering and forensic capabilities, training and
community outreach programs;
--a grant to the Polk County, FL, Sheriff's office to
support additional law enforcement officers,
intelligence gathering and forensic capabilities,
training and community outreach programs for an
expanded methamphetamine program;
--a grant for Central Kentucky methamphetamine
eradication efforts to assist local police and sheriffs
departments with costs associated with disposal of
methamphetamine laboratories and officer training;
--a grant for the Oklahoma State Bureau of
Investigation for eradication and clean up costs of
methamphetamine laboratories;
--a grant for the Ascension Parish, LA, Sheriff's
Office to support officer training and outreach
programs; and
--a grant for the Washington State Methamphetamine
Initiative to improve intelligence capabilities in
discovering labs, and public and professional awareness
of the warning signs of methamphetamine use and
production.
5. COPs Crime Identification Technology Program.--The
Committee provides $130,000,000 of appropriated funds to be
used and distributed pursuant to the Crime Identification
Technology Act of 1998, P.L. 105-251. Under that act, eligible
uses of the funds are (1) upgrading criminal history and
criminal justice record systems; (2) improvement of criminal
justice identification, including fingerprint-based systems;
(3) promoting compatibility and integration of national, State,
and local systems for criminal justice purposes, firearms
eligibility determinations, identification of sexual offenders,
identification of domestic violence offenders, and background
checks for other authorized purposes; (4) capturing information
for statistical and research purposes; (5) multijurisdictional,
multiagency communications systems; and (6) improvement of
capabilities of forensic sciences, including DNA.
Under this program, States are expected to submit plans to
the Office of Justice Programs (OJP) describing how they intend
to establish or upgrade integrated state-wide approaches to
develop information and identification technologies and systems
(as described above) to be used, in conjunction with units of
local government, State and local courts, and other States. OJP
is expected to evaluate the State plans, provide technical
assistance where necessary, and provide grants to States that
submit acceptable plans. Grants are to be distributed on an
equitable geographic basis.
The Committee is concerned about the backlog of DNA and
forensic analysis and notes that these funds can be used to
address this problem.
Police Corps.--The Committee provides $15,000,000 of
unobligated balances from the prior year for the Police Corps,
instead of the requested $30,000,000. The program is intended
to motivate highly qualified young people to serve as police
officers and sheriff's deputies by offering federal
scholarships to college students who agree to serve as police
for at least four years. The Committee is pleased that the
program is obligating a higher rate of its funding now that it
is administered by OJP. However, the Committee is concerned by
the number of unfilled positions and encourages OJP to work to
ensure that all participant slots are filled.
Management and Administration.--The Committee
recommendation provides $29,825,000 in appropriations for the
management and administration of the Community Oriented
Policing Services program. This is the same level as provided
in the current year and $6,175,000 below the request.
The request included the following initiatives, which were
not funded: (1) $200,000,000 for community prosecutors. The
Committee notes that funding for prosecutors is an eligible use
of the Local Law Enforcement Block grant; the Juvenile
Accountability Incentive Block Grant; and the Byrne
discretionary program. (2) $350,000,000 for crime-fighting
technologies program; as the Committee notes that funding for
law enforcement technologies are available under the COPS law
enforcement technology program, the COPS crime identification
technology program, the Local Law Enforcement Block Grant
program, the bullet-proof vest grant program, and the Byrne
discretionary grant program. (3) $135,000,000 for new
unauthorized community crime prevention programs, as funding
for crime prevention is an eligible use of the Local Law
Enforcement Block Grant program, the Juvenile Accountability
Incentive Block Grant program, the Byrne discretionary program,
the COPS methamphetamine/drug hot spots program, and the COPS
safe schools program. The Committee also notes that funding for
drug treatment and job training for offenders released from
prison is provided from the Department of Health and Human
Services and the Department of Labor.
Juvenile Justice Programs
The Committee recommendation provides a total of
$287,097,000 for Juvenile Justice Programs for fiscal year
2000, $1,903,000 below the request and the same amount provided
in the current fiscal year.
Juvenile Justice and Delinquency Prevention.--The Committee
recognizes the dramatic increase in juvenile delinquency,
particularly violent crime committed by juveniles. The
Committee also understands that addressing juvenile violence
requires a combination of strategies that involve (1) focusing
law enforcement on dangerous, violent youths and making sure
the punishment fits the crime; (2) community intervention to
help solve the underlying problems of first-time offenders; (3)
quality prevention programs that are designed to reduce risks
and develop competencies in at-risk juveniles; and (4) programs
that hold juveniles accountable for their actions, including
systems of graduated sanctions, victim restitution and
community service.
The Committee further understands that changes to Juvenile
Justice and Delinquency Prevention Programs are being
considered in the reauthorization process of the Juvenile
Justice and Delinquency Act of 1974. The Committee understands
there is bi-partisan support for Title XIII of H.R. 1501, the
Juvenile Crime Control and Delinquency Prevention Act of 1999,
which passed the House of Representatives on June 17, 1999.
Consequently, the Committee recommendation includes language
that provides that funding for these programs is based on the
juvenile prevention authorizations included in Title XIII of
H.R. 1501, as a model, and is subject to the provisions of any
authorization language that may be enacted.
Using Title XIII of H.R. 1501 as a model, the
recommendation provides funding for the following programs:
1. $6,847,000 for the Office of Juvenile Crime
Control and Delinquency Prevention (OJCCDP), of which
$200,000 is for coordination of Federal efforts, and
$6,647,000 is for program administration (Part A).
2. $89,000,000 for Formula Grants for assistance to
State and local programs (Part B).
3. $130,000,000 for a Juvenile Delinquency Prevention
Block Grant Program (Part C).
4. $15,043,000 for Research, Evaluation, Technical
Assistance and Training (Part D).
5. $26,707,000 for Developing, Testing, and
Demonstrating Promising New Initiatives and Programs
(Part E).
Within the amounts provided for Parts D and E discretionary
grants, the Committee expects the OJCCDP to continue current
year funding for the following programs: Parents Anonymous; the
National Council of Juvenile and Family Courts; the L.A. Best
Youth program; the Teens, Crime and Community program; the Law
Related Education program; and the University of Louisville
School Safety research project.
In addition, the Committee is aware of a number of
encouraging programs to develop partnerships with local
communities and help prevent the cycle of abuse and
delinquency. Within the overall amounts recommended for Parts D
and E, the Committee expects the OJCCDP to examine each of the
following proposals, to provide grants if warranted, and to
submit a report to the Committee on its intentions for each
proposal: a grant for the Achievable Dream program for after
school programs for youth at-risk; a grant for the Family,
Career, and Community Leaders of America (FCCLA), STOP the
Violence--Students Taking On Prevention Project; a grant to the
Suffolk University Center for Juvenile Justice; a grant to the
Culver City Juvenile Crime Diversion Initiative; a grant to the
Sports Foundation to work with at-risk youth; a grant for No
Workshops . . . No Jump Shots to provide case management,
counseling and mandatory workshops for at-risk youth; a grant
for the Greater Heights program to provide at risk youth with
mentoring, positive activities, networking and alternatives to
incarceration; a grant to Our Next Generation; a grant to the
Youth Crime Watch of America; a grant to the Truancy Diversion
Program; and a grant for Operation Quality Time to provide
alternatives to gang membership to at-risk youth.
Drug Prevention Program.--The Committee recognizes that
while crime is on the decline in certain parts of America, a
dangerous precursor to crime, namely teenage drug use, is on
the rise and may soon reach a 20-year high. Nearly a quarter of
grade school children have been offered drugs, and too many
children no longer believe drugs are harmful or dangerous.
Teenage use of marijuana, a ``gateway'' to more serious drugs,
has more than doubled since 1992.
The Committee recommendation includes $11,000,000 for the
fourth year of this program to develop, demonstrate and test
programs to increase the perception among children and youth
that drug use is risky, harmful, or unattractive. This is the
same level as the current year and the request. This initiative
is intended as part of a coordinated, government-wide strategy
against teenage drug abuse that is consistent with existing
research findings on effective prevention and treatment
methods.
Victims of Child Abuse Act.--The Committee recommends a
total of $8,500,000 for the various programs authorized under
the Victims of Child Abuse Act (VOCA). The recommendation is
$1,500,000 above the request and above the current level. The
following programs are included in the recommendation to
improve investigations and prosecutions:
--$1,250,000 to Regional Children's Advocacy Centers,
as authorized by section 213 of VOCA;
--$5,000,000 to establish local Children's Advocacy
Centers, as authorized by section 214 of VOCA;
--$1,500,000 for a continuation grant to the National
Center for Prosecution of Child Abuse for specialized
technical assistance and training programs to improve
the prosecution of child abuse cases, as authorized by
section 214a of VOCA; and
--$750,000 for a continuation grant to the National
Children's Alliance for technical assistance and
training, as authorized by section 214a of VOCA.
public safety officers benefits
The Committee recommendation provides a total of
$33,224,000 for death benefits to public safety officers for
fiscal year 2001, the full amount requested for death benefits
and an increase of $683,000 above the current year
appropriation. This program provides a lump sum death benefit
payment to eligible survivors of Federal, State and local
public safety officers whose death was the direct and proximate
result of a traumatic injury sustained in the line of duty.
The recommendation does not include funds for an
unauthorized expansion of the Public Safety Officers' Education
Assistance Program.
General Provisions--Department of Justice
The Committee has included the following general provisions
for the Department of Justice in this bill:
Section 101 provides language, included in previous
Appropriations Acts, which makes up to $45,000 of the
funds appropriated to the Department of Justice
available for reception and representation expenses.
Section 102 provides language, included in previous
appropriations Acts, which continues certain
authorities for the Justice Department in fiscal year
2001 that were contained in the Department of Justice
Authorization Act, fiscal year 1980.
Section 103 provides language, included in the
Appropriations Acts for the last four years and prior
to 1994, which prohibits the use of funds to perform
abortions in the Federal Prison System.
Section 104 provides language, included in previous
Appropriations Acts, which prohibits use of the funds
in this bill to require any person to perform, or
facilitate the performance of, an abortion.
Section 105 provides language, included in previous
Appropriations Acts, which states that nothing in the
previous section removes the obligation of the Director
of the Bureau of Prisons to provide escort services to
female inmates who seek to obtain abortions outside a
Federal facility.
Section 106 provides language, included in previous
Appropriations Acts, which allows the Department of
Justice to spend up to $10,000,000 for rewards for
information regarding criminal acts and acts of
terrorism against a United States person or property at
levels not to exceed $2,000,000 per award.
Section 107 provides language, included in previous
Appropriations Acts, which allows the Department of
Justice, subject to the Committee's reprogramming
procedures, to transfer up to 5 percent between any
appropriation, but limits to 10 percent the amount that
can be transferred into any one appropriation.
Section 108 provides modified language, similar to a
provision included in the fiscal year 2000
Appropriations Act, which delineates the authority of
the Assistant Attorney General for the Office of
Justice Programs.
Section 109 provides modified language, which
continues a provision included in the fiscal year 2000
Appropriations Act, which allows assistance and
services to be provided to the families of the victims
of Pan Am Flight 103.
Section 110 provides language which modifies Section
109 of the fiscal year 1995 Department of Justice
Appropriations Act to allow reimbursements only for
suits in which the United States Government is a
defendant.
Section 111 provides language, included in the fiscal
year 2000 Appropriations Act, which relates to the
payment of certain compensation from funds appropriated
in this Act.
Section 112 provides language, modified from the
request, which establishes fees for genealogy services
and voluntary premium processing for Immigration and
Naturalization Service activities.
Section 113 provides language, which requires
notification regarding appropriations provided from the
Health Care Fraud and Abuse Control Account.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
The Committee recommends a total of $4,353,430,000 for the
programs of the United States Trade Representative, the
International Trade Commission and the Department of Commerce
for fiscal year 2001. This amount is $7,785,509,000 below the
total request, including requested advance appropriations, and
$1,170,514,000 below the total request, not including requested
advance appropriations. Compared to the current fiscal year,
this amount is $109,058,000 above the total provided for non-
emergency discretionary appropriations.
The Committee has continued a structure initiated in fiscal
year 1996 under this Title that reflects the fundamental
functions that will need to be considered as the overall
administrative structure of these programs is examined. This
reflects the Committee's effort to identify and prioritize
programs within these agencies and Departments.
TRADE AND INFRASTRUCTURE DEVELOPMENT
The Committee has included under this section of Title II,
the Office of the U.S. Trade Representative, the International
Trade Commission, and the Department of Commerce agencies
responsible for trade promotion and enforcement and economic
infrastructure development.
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
The Committee recommends an appropriation of $26,433,000
for the Office of the United States Trade Representative (USTR)
for fiscal year 2001. The recommendation would provide $798,000
above the amount appropriated for fiscal year 2000, and
$3,167,000 below the request.
The increase the Committee has provided will fund the
Office at a level comparable to the current year. The
recommendation does not include funding for new and expanded
initiatives, but funding is sufficient for USTR to maintain its
current level of operations. The recommendation does not
include funding for requested staffing increases and additional
travel.
The Committee understands that the allocation of Tariff
Rate Quotas for sugar is statutorily mandated by October 1 of
each year. The Committee is disappointed that the allocation
was not announced until November 2, 1999. The Committee expects
USTR to do what is required to meet the deadline this year. The
Committee is also concerned by USTR's testimony before the
Committee which acknowledged that protection of domestic sugar
makes negotiations of greater foreign market access for other
U.S. commodities and products more difficult. The Committee
expects USTR to report on the effects of domestic sugar
protection upon international trade negotiations, by August 15,
2000.
The Office of the United States Trade Representative is
responsible for developing and coordinating U.S. international
trade, commodity, and direct investment policy, and for leading
or directing negotiations with other countries on such matters.
International Trade Commission
salaries and expenses
The Committee recommends an appropriation of $46,995,000
for the International Trade Commission for fiscal year 2001,
$2,105,000 below the budget request and $2,500,000 above the
amount appropriated for fiscal year 2000. Due to the
availability of prior year carryover in fiscal year 2000, the
amount provided in this Act maintains the same spending level
for the Commission in fiscal year 2001.
In the formulation of the Commission's fiscal year 2000
budget request, a technical error was made requiring a
realignment of base funding to alleviate the need for reduction
of personnel. The Committee understands that this error has
been rectified and the fiscal year 2001 recommendation is
sufficient to maintain current operations.
The Committee is concerned that the Commission is expending
resources to analyze theoretical constructs of the conditions
of competition, rather than focusing on the market realities
faced by domestic industries injured by foreign unfair trade
practices in accordance with the statutorily mandated factors
to be analyzed in Sec. 771(7) of the Tariff Act of 1930 (as
amended) such as import volume and process, and their impact on
domestic shipments, capacity utilization, employment, prices,
profitability, investment, etc. It has been brought to the
attention of the Committee that there is concern regarding the
duplication of activities conducted in the Office of Economics
and the Office of Industries in collection of price and market
data. As a result of this concern, the Committee requests the
Commission provide, by December 1, 2000, a list of positions
within the Office of Economics, and the specific functions
performed by these positions.
Furthermore, the Committee is concerned that the Commission
is conducting studies of questionable relevance to its core
mission. The Committee believes that the Commission could
better allocate its resources by focusing on practical studies
that will enhance its ability to effectively carry out its
duties in accordance with the law.
The International Trade Commission is an independent,
quasi-judicial agency responsible for conducting trade-related
investigations; providing the Congress and the President with
independent, expert technical advice to assist in the
development and implementation of U.S. international trade
policy; responding to the Congress and the President on various
matters affecting international trade; maintaining the
Harmonized Commodity Description and Coding System of
internationally accepted product nomenclature; providing
technical assistance to eligible small businesses seeking
remedies and benefits under the trade laws; and performing
other specific statutory responsibilities ranging from research
and analysis to quasi-judicial functions on trade-related
matters.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends $321,448,000 in total resources
for the programs of the International Trade Administration
(ITA) for fiscal year 2001, $9,945,000 above the current year
appropriation and $33,699,000 below the amount requested. Of
this amount, $318,448,000 is derived from direct
appropriations, and $3,000,000 from new fee collections, which
is the same amount of fees instituted in fiscal year 2000.
The Committee recommendation includes adjustments to base
for the U.S. and Foreign Commercial Service (US&FCS;) to provide
adequate resources to fund increased security costs for
overseas posts. The Committee does not recommend resources to
expand overseas, but provides resources to maintain the current
level of operations. The recommendation provides funding to
restore most of the base for the operating units of ITA, and
does not provide funding for program increases or other
increases not associated with continuing ongoing operations.
The following table reflects the distribution of the
Committee recommendation by subactivity:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Enacted Requested Recommended
----------------------------------------------------------------------------------------------------------------
Trade Development............................................... $62,376 $62,395 $62,376
Market Access and Compliance.................................... 19,755 26,655 19,755
Import Administration........................................... 32,473 44,070 32,473
US & Foreign Commercial Service................................. 186,693 205,703 194,638
Executive Dir & Admin........................................... 12,206 16,324 12,206
Carryover....................................................... (2,000) . . . . . .
Offsetting Fee Collections...................................... (3,000) (3,000) (3,000)
-----------------------------------------------
Total, ITA.................................................. 308,503 352,147 318,448
----------------------------------------------------------------------------------------------------------------
Trade Development.--The recommendation provides a total of
$62,376,000 for this component, a decrease of $19,000 below the
request. The Committee has provided the same amount of funding
for this component as in fiscal year 2000. Funding is provided
to continue two export promotion programs related to textiles
and apparel, the international competitiveness program, and the
Access Mexico program as provided in prior years. The
recommendation does not include funding for any of the
requested program increases.
Market Access Compliance.--The Committee recommends
$19,755,000 for Market Access Compliance. This funding level
provides the same level of funding as this year, including the
same level of funding for strike force teams and trade
enforcement and compliance. The recommendation does not provide
for requested program increases.
Import Administration.--The Committee recommends
$32,473,000 for the Import Administration, the same amount as
provided in the current year. The recommendation does not
include any requested program increases. The Committee is
concerned about recent activities of the Foreign Trade Zones
Board involving a foreign trade sub-zone application for a
corporation in Sarasota, Florida. The Committee emphasizes that
the primary mission of the FTZB is to promote domestic
employment by creating a level playing field for domestic
manufacturers faced with duty imbalances, not to choose between
domestic competitors who are concerned about market share.
These duty imbalances put U.S. manufacturing jobs at risk and
America cannot afford for the FTZB to stray from its mission of
basing its decisions on the effect of importing duty-free
finished products when the raw materials are assessed a duty.
U.S. and Foreign Commercial Service.--The Committee
recommends $194,638,000 for the US&FCS;, an increase of
$7,945,000 above the amount available in fiscal year 2000. This
represents full base funding, including increased costs for
payments under the International Cooperative Support Service
(ICASS) and for increased costs for local guard security
services overseas. No requested program increases are provided.
Within base funding, the Committee has provided $1,000,000 to
continue the Rural Export Initiative at its current funding
level. US&FCS; should continue and expand its Global Diversity
Initiative to support minority-owned businesses in underserved
areas, including inner-city urban areas, empowerment zones and
enterprise communities, and Indian reservations. This
initiative should continue to include support for companies
that are export-ready and hoping to enter into and/or expand
international operations. The Committee does not support any
increase in overseas staffing levels.
Executive Direction/Administration.--The Committee
recommends $12,206,000 for the administrative and policy
functions of ITA. This represents the same amount of funding
provided in the current year.
In addition, language is included in the bill, as was
carried in fiscal years 1999 and 2000, designating the amounts
available for each unit within ITA. The Committee reminds ITA
that any changes from the funding distribution provided in the
bill and report, including carryover balances, are subject to
the standard reprogramming procedures set forth in section 605
of this Act. In addition, ITA is directed to report to the
Committee, not later than November 15, 2000, a spending plan
for all ITA units which incorporates any carryover of funds.
Trade Missions.--The Committee continues its direction
provided last year that all trade missions involving Department
of Commerce agencies must be initiated, coordinated and
administered through ITA.
Buying Power Maintenance.--The Committee directs ITA to
report on the impact of exchange rate fluctuations on ITA's
budget on a quarterly basis, beginning with the last quarter of
fiscal year 2000. That report should indicate what has been
done with exchange rate gains, which the Committee presumes are
being reserved to balance future exchange rate losses.
Trade Show Revenues.--The Committee directs ITA to submit a
report by the date of the fiscal year 2002 budget submission on
the amount of trade show revenues that are collected on an
annual basis, how those revenues are used, and how they are
reflected in the budget.
Export Administration
OPERATIONS AND ADMINISTRATION
The Committee recommends an appropriation of $53,833,000
for the Operations and Administration appropriation of the
Bureau of Export Administration (BXA), an amount comparable to
the current year level and $17,721,000 below the request. This
amount, when combined with an additional $1,004,000 in
carryover and recoveries estimated to be available in fiscal
year 2001, will provide a total funding level of $54,837,000.
Of the total amount available, the recommendation provides the
following:
Export Administration.--$24,078,000 is provided for export
administration activities. The recommendation includes $200,000
above the amount provided for this activity in the current
fiscal year. The amount provided includes $750,000 to continue
Chemical Weapons Convention implementation, to fund the number
of inspections that will be undertaken in fiscal year 2001.
Export Enforcement.--$24,808,000 is provided for export
enforcement activities, which includes $1,274,000 above the
amount provided in the current year to pay for continuing
operations, including computer export verification to assure no
end-use diversion of high performance computers overseas,
including China.
Critical Infrastructure Assurance Office (CIAO).--The CIAO
was created by Presidential Decision Directive 63 (PDD-63) as
an interim agency to facilitate coordination and integration
among Federal agencies as those agencies develop and implement
their own critical infrastructure protection and awareness
plans, and is scheduled to sunset at the end of fiscal year
2001. The CIAO has carried over $1,360,000 into fiscal year
2000. Therefore, the Committee recommendation includes
$1,900,000 to provide final year funding to support the
current, on-board number of personnel, and this level should be
sufficient for the CIAO to complete its work.
Management and Policy Coordination.--$4,051,000 is provided
for Management and Policy Coordination, the amount requested to
maintain base activities. The recommendation does not include
requested program increases. The Committee notes that the
primary responsibility for non-proliferation activities lies
with the Department of Defense, the Department of Energy and
the Department of State, and believes that BXA participation in
such activities should be carried out using funds provided from
those agencies.
In addition, language is retained in the bill requiring BXA
to notify appropriate congressional committees prior to the
expenditure of funds provided in this Act for the processing of
licenses for the export of satellites of United States origin
to the People's Republic of China.
Economic Development Administration
The accompanying bill provides a total of $388,378,000 for
the programs and administrative expenses of the Economic
Development Administration (EDA) for fiscal year 2001, as
described below:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
A total of $361,879,000 is recommended for fiscal year 2001
for Economic Development Assistance Programs, the same as the
amount provided in the current year, and a decrease of
$45,871,000 below the request.
The recommendation reflects the Committee's continued
support for the traditional programs of the Economic
Development Administration (EDA) which provide needed
assistance to communities struggling with long-term economic
downturns as well as sudden and severe economic downturns. The
Committee continues not to recommend increasing funding for
sudden and severe dislocation or for technical assistance and
planning at the expense of reducing funding for communities
struggling with long-term dislocation, as was requested in the
budget. Further, the recommendation does not include set-aside
funding for specific sectors or populations, as was requested
in the budget. Instead, the Committee has retained the funding
structure enacted in previous years to support all communities
facing economic hardship.
The Committee notes that EDA was reauthorized in 1999
(Public Law 105-393) through fiscal year 2003. That
authorization locks into place the work that this Committee,
the Transportation and Infrastructure Committee and EDA have
done to reform EDA programs to ensure that funds provided under
this account are targeted to the most severely distressed
areas, which, absent the assistance provided by the EDA, would
have little to no access to resources for critical
infrastructure development and capacity building. This puts the
program on firm ground to carry out its purpose to provide the
``seed capital'' to distressed areas to allow local communities
to increase their ability to create new economic opportunities
and jobs in accordance with local priorities.
Of the amounts provided, $251,700,000 is for Public Works
and Economic Development, $34,629,000 is for Economic
Adjustment Assistance, $31,450,000 is for Defense Conversion,
$24,000,000 is for planning, $9,100,000 is for technical
assistance, including university centers, $10,500,000 is for
trade adjustment assistance, and $500,000 is for research. The
Committee expects EDA to continue its efforts to assist
communities impacted by economic dislocations related to coal
industry downswings and timber industry downturns due to
environmental concerns at no less than the current level of
effort.
The Committee continues its directive for EDA to
discontinue the use of single purpose grant loans.
salaries and expenses
The Committee recommends $26,499,000 for the salaries and
expenses of the Economic Development Administration. The amount
provided is $2,689,000 below the request and comparable to the
level provided in fiscal year 2000. Last year, the Committee
directed the Administration to pursue aggressively all
opportunities for reimbursement, deobligations, and use of non-
appropriated resources to be able to maintain the current
operating level. Despite this instruction, the Administration
continued to hire additional personnel in fiscal year 2000.
Again, the Committee expects EDA to remain in close contact
with the Committee on efforts to identify sufficient resources
to maintain the current level of operation.
The Committee has retained language in the bill which
provides the authority to use this appropriation to monitor
projects approved under Title I of the Public Works Employment
Act of 1976, Title II of the Trade Act of 1974, and the
Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
The Committee recommends $27,314,000 for the Minority
Business Development Agency (MBDA) for fiscal year 2001. This
amount is $842,000 below the budget request and is equal to the
amount provided in fiscal year 2000.
The recommendation funds MBDA at the same level as in the
current fiscal year. The Committee recommendation assumes that
the Entrepreneurial Technology Apprenticeship Program (ETAP)
will continue to be supported at its current levels.
ECONOMIC AND INFORMATION INFRASTRUCTURE
The Committee has included under this section of the bill
the Department of Commerce agencies responsible for the
nation's basic economic and technical information
infrastructure, as well as the administrative functions which
oversee the development of telecommunications and information
policy.
Economic and Statistical Analysis
salaries and expenses
The bill provides $49,499,000 for the economic and
statistical analysis programs of the Department of Commerce,
including the Bureau of Economic Analysis, for fiscal year
2001. This amount is the same as in the current fiscal year and
$5,214,000 less than the budget request.
The Economic and Statistics Administration (ESA) is
responsible for the collection, tabulation and publication of a
wide variety of economic, demographic and social statistics and
provides support to the Secretary of Commerce and other
Government officials in interpreting the state of the economy
and developing economic policy. The Bureau of Economic Analysis
and the Under Secretary for Economic Affairs are funded in this
account.
The Committee continues the prohibition on use of funds
under this appropriation, or under the Census Bureau
appropriation accounts, to carry out the Integrated
Environmental-Economic Accounting or ``Green GDP'' initiative.
Bureau of the Census
The Committee recommends a total of $670,867,000 for the
Bureau of the Census for fiscal year 2001, a decrease of
$4,087,706,000 below the current fiscal year level and
$48,338,000 below the request.
salaries and expenses
The Committee recommends $140,000,000 for the salaries and
expenses of the Bureau of the Census for fiscal year 2001, the
same amount as the current year appropriation, and $33,826,000
below the request. The Committee continues to believe that the
Bureau must continue to streamline and prioritize its programs
to ensure that the highest priority core activities are
supported. The Committee also expects the Bureau to be fully
reimbursed for any non-core survey requested by any other
Federal agency or private organization.
This appropriation provides for the current statistical
programs of the Bureau of the Census, which includes the
measurement of the Nation's economy and the demographic
characteristics of the population. These programs are intended
to provide a broad base of economic, demographic, and social
information used for decision-making by governments, private
organizations, and individuals.
periodic censuses and programs
The Committee recommends a total of $530,867,000 for all
periodic censuses and related programs funded under this
heading in fiscal year 2001, a decrease of $4,087,706,000 below
the fiscal year 2000 level, and $14,512,000 below the request.
Decennial Census Programs.--The recommendation includes
$392,898,000 for the costs of the decennial census in fiscal
year 2001, a decrease of $4,083,355,000 from the fiscal year
2000 level, and $3,400,000 below the request. In addition, the
recommendation continues to fund the Census Monitoring Board
under this account rather than as a related agency as
requested. The following represents the distribution of funds
provided for the 2000 Census:
Program Development and Management...................... $24,055,000
Data Content and Products............................... 57,096,000
Field Data Collection and Support....................... 122,000,000
Address List Development................................ 1,500,000
Automated Data Processing & Telecommunications Support.. 115,038,000
Testing and Evaluation.................................. 55,000,000
Puerto Rico, Virgin Islands and Pacific Areas........... 5,512,000
Marketing, Communications and Partnerships.............. 9,197,000
Census Monitoring Board................................. 3,500,000
--------------------------------------------------------
____________________________________________________
Total, Decennial Census........................... 392,898,000
The Committee directs the Bureau to continue to provide the
Committee with monthly reports of the obligation of funds
against each framework.
Other Periodic Programs.--In addition, the Committee
recommends $137,969,000 for other periodic censuses and
programs, a decrease of $4,351,000 below the fiscal year 2000
level, and $14,312,000 below the request. The following table
represents the distribution of funds provided for other non-
decennial periodic census and related programs:
Economic Censuses....................................... $42,746,000
Census of Governments................................... 3,082,000
Intercensal Demographic Estimates....................... 5,260,000
Continuous Measurement.................................. 20,000,000
Demographic Survey Sample Redesign...................... 4,478,000
Electronic Information Collection (CASIC)............... 6,000,000
Geographic Support...................................... 33,406,000
Data Processing Systems................................. 22,997,000
--------------------------------------------------------
____________________________________________________
Total................................................. 137,969,000
Suitland Facility Requirements.--The Committee does not
include funding under this account to supplement the General
Services Administration's activities related to architectural
and design work for the renovation of the Suitland facility,
and instead addresses this matter under Department of Commerce,
General Administration.
The Committee recommends bill language, similar to language
included in the fiscal year 2000 Appropriations Act, which
provides separate appropriations for decennial and non-
decennial programs, and designates specific amounts for each
decennial census framework.
This appropriations account provides for decennial and
quinquennial censuses, and other programs which are cyclical in
nature. Additionally, individual surveys are conducted for
other Federal agencies on a reimbursable basis.
National Telecommunications and Information Administration
The Committee recommends a total of $57,475,000 for the
National Telecommunications and Information Administration
(NTIA) for fiscal year 2001. This amount is $365,534,000 below
the budget request, including the request for advance
appropriations; and $168,034,000 below the request excluding
advance appropriations; and an increase of $4,500,000 above the
amount provided in fiscal year 2000. Bill language is not
included providing an appropriation for an unauthorized program
to provide Internet access to individuals.
salaries and expenses
The Committee recommends $10,975,000 for the Salaries and
Expenses appropriation of the National Telecommunications and
Information Administration (NTIA), the same as the current
year, and $9,340,000 below the budget request. The Committee
recommendation assumes an additional $24,211,000 will be
available to the NTIA through reimbursements from other
agencies for the costs of providing spectrum management,
analysis and research services to those agencies, reflecting
implementation of a policy of 80% reimbursement for such
services that began in fiscal year 1999. The recommendation
does not include increases requested in the budget for a
critical infrastructure program, and assumes the function can
be absorbed within the existing appropriation. Further, the
recommendation does not provide for the initiation of a new
institute.
public telecommunications facilities, planning and construction
The Committee recommends $31,000,000 for planning and
construction grants for public television, radio, and non-
broadcast facilities, an increase of $4,500,000 above the
amount provided in fiscal year 2000, and $79,075,000 below the
budget request. This amount will allow the continuation of the
existing equipment and facilities replacement program. The
recommendation does not include advance appropriations of
$197,500,000 for the fiscal years 2002-2003, which was proposed
in the budget to establish a multi-year program to fund the
public broadcasting system's transition to digital
broadcasting, as the Committee has no way of knowing whether
sufficient funding will be available in future years to cover
appropriations made in advance this year.
The Committee does not include bill language proposed in
the budget to change the purpose of this program to a digital
conversion program. Language has been included in the bill,
carried in previous years, which: (1) provides authority to use
a portion of funds under this heading for program
administration as authorized by law; and (2) permits prior year
unobligated balances to be available for grants for projects
for which applications have been submitted and approved during
any fiscal year. Language is not included in the bill relating
to authority to provide a grant to PEACESAT.
information infrastructure grants
The Committee recommends $15,500,000 for the Information
Infrastructure Grants program under NTIA for demonstrations of
new telecommunications technology applications. The
recommendation is the same as the current year funding level,
and $29,619,000 below the budget request.
The Committee recommendation reflects the fact that the
universal service requirements of the Telecommunications Act of
1996 (Public Law 104-104) will provide significant new
opportunities for bringing the information superhighway to
schools and libraries, which were not previously envisioned
when this program was created. It is the Committee's
expectation that this action will reduce the burden on the
National Information Infrastructure (NII) program. The
Committee notes some overlap between this program and
technology programs under the Department of Justice, Community
Oriented Policing Services, with respect to grants for public
safety.
The Committee has retained bill language making funds
provided under this heading available for program
administration and related program support activities at the
fiscal year 2000 level. The bill also includes language carried
in previous Appropriations Acts which will allow up to five
percent of this appropriation to be available for
telecommunications research activities directly related to the
development of the NII. Further, the Committee recommendation
does not include changing the name of this program.
Patent and Trademark Office
salaries and expenses
The bill provides a total funding level of $904,924,000 for
the Patent and Trademark Office (PTO) in fiscal year 2001,
which is $33,924,000 above the current year level, and
$133,808,000 below the request. The request included
$20,000,000 to be derived from a new fee to cover the cost of
post-retirement health and life insurance of PTO employees,
which has not been approved in the pending PTO reauthorization
legislation and is not included in this bill.
Of the amount recommended in the bill, $650,035,000 is to
be derived from offsetting fees collected in fiscal year 2001
and $254,889,000 from carryover funds from fiscal years 1999
and 2000, for use in fiscal year 2001.
Language is included in the bill limiting the amount of
carryover that may be obligated in fiscal year 2001. The total
funding level recommended in the bill will permit PTO to fully
fund its base of $904,924,000 to meet increased workload and to
continue automation efforts.
Within the amounts available to the PTO in fiscal year
2001, the Committee expects that not less than $2,800,000 will
be provided to expand PTO's relationship with the National
Inventor's Hall of Fame and Inventure Place. In addition bill
language was included changing the term Commissioner to
Director, as requested.
The Patent and Trademark Office is charged with
administering the patent and trademark laws of the United
States. PTO examines patent applications, grants patent
protection for qualified inventions, and disseminates
technological information disclosed in patents. PTO also
examines trademark applications and provides Federal
registration to owners of qualified trademarks.
SCIENCE AND TECHNOLOGY
The Committee has included under this section of Title II
the Department of Commerce agencies responsible for scientific
and technological research and programs.
Technology Administration
office of the under secretary/office of technology policy
salaries and expenses
The Committee recommends $7,945,000 for the Technology
Administration's Office of the Under Secretary/Office of
Technology Policy. This amount is the same amount available in
the current year and $771,000 below the request.
The Committee continues the direction from fiscal years
1998, 1999, and 2000 regarding the use of Technology
Administration and Department of Commerce resources to support
foreign policy initiatives and programs.
National Institute of Standards and Technology
The Committee recommends a total of $422,892,000 for the
appropriations accounts under the National Institute of
Standards and Technology (NIST) for fiscal year 2001. The
recommendation is $290,099,000 below the budget request, and a
decrease of $216,090,000 below the amount appropriated for
fiscal year 2000. A description of each account and the
Committee recommendation follows:
scientific and technical research and services
The Committee has provided $292,056,000 for the Scientific
and Technical Research and Services (core programs)
appropriation of the National Institute of Standards and
Technology. This amount is $8,924,000 above the amount provided
in fiscal year 2000 and $45,452,000 below the budget request.
The Committee notes that, in an era of declining budgets,
the core programs of NIST have enjoyed significant support,
receiving continued program increases. Overall funding for
these programs has grown from $240,000,000 in fiscal year 1995
to $283,000,000 in fiscal year 2000. The Committee understands
the importance of the research done by this agency, and
recommends funding to maintain the current level of operations.
The following is a breakdown of the amounts provided under
this account by activity.
[In thousands of dollars]
------------------------------------------------------------------------
-------------------------------------------
FY01
FY00 Enacted FY01 Request Recommendation
------------------------------------------------------------------------
Electronics and Electrical.. $38,771 $40,046 $40,127
Manufacturing Engineering... 19,560 23,782 19,821
Chemical.................... 32,493 33,295 33,360
Physics..................... 28,697 39,454 29,556
Building and Fire Research.. 15,331 13,888 16,484
Materials Science and 52,010 58,986 54,658
Engineering................
Computer Applied Mathematics 45,352 56,347 45,551
Technology Assistance....... 17,723 17,197 17,349
Baldridge Quality Awards.... 4,958 5,191 5,913
Research Support............ 29,237 49,322 29,237
-------------------------------------------
(Deobligations)......... (1,000) ............ ..............
-------------------------------------------
Total, STRS............. 283,132 337,508 292,056
------------------------------------------------------------------------
The recommendation provides funding for all activities at
the requested fiscal year 2001 base level. This includes the
current year level of funding to continue the disaster research
program on effects of windstorms. The recommendation does not
include any program increases. Further, the Committee continues
its directive included in previous years regarding the
placement of additional NIST personnel or support for foreign
service nationals overseas.
INDUSTRIAL TECHNOLOGY SERVICES
The Committee recommends $104,836,000 for the Industrial
Technology Services appropriation of the National Institute of
Standards and Technology. This amount is $142,600,000 below the
current year appropriation, and $234,768,000 below the budget
request.
Manufacturing Extension Partnership Program.--The Committee
has included $104,836,000 for the Manufacturing Extension
Partnership (MEP) Program, the same amount provided in the
current year. This recommendation includes the expectation that
funding is provided for the centers and not for new
initiatives.
Advanced Technology Program.--The Committee recommends no
funding for the Advanced Technology Program (ATP) in fiscal
year 2001. The budget included a request of $198,600,000 for
fiscal year 2001, and $142,600,000 was provided in fiscal year
2000.
The advocates for the ATP program have always had to answer
a number of fundamental questions, such as whether the program
achieved results that could not be achieved through the private
marketplace; whether it funded technology development and
commercialization that would not be undertaken but for the
existence of the program; and whether the Federal government
should play a role in picking technologies to be developed and
then funding that development at substantial government
expense, for example.
After many years in existence, the program has not produced
a body of evidence to overcome those fundamental questions
about whether the program should exist in the first place.
Given the tremendous financial constraints under which the
Committee is operating, the question becomes whether it is
worthwhile to continue to fund a program of questionable value,
particularly one that costs $200,000,000 a year.
With many other priorities facing the Committee and funding
constraints as they are, the Committee concludes that funding
would be better spent on higher priority programs and
recommends that the ATP program be terminated.
CONSTRUCTION OF RESEARCH FACILITIES
The Committee recommendation includes $26,000,000 for
construction, renovation, and maintenance of NIST facilities.
In the current year, the Committee approved the final
construction plan for the Advanced Measurement Laboratory and
has provided the full request for the construction of the
laboratory. In addition, the Committee has provided a level of
funding comparable to the current year level for NIST to
address the backlog of safety, capacity, maintenance, and major
repair projects in the Gaithersburg, Maryland, and Boulder,
Colorado, sites. The recommendation does not provide program
increases under the Safety, Capacity, Maintenance, and Major
Repair heading.
Should construction requirements change, the Committee
would entertain a reprogramming request subject to the
requirements of Section 205 of this Act.
Bill language requiring submission of a financial plan is
deleted.
This account supports all NIST activities by providing the
facilities necessary to carry out the NIST mission. The
Institute has proposed a multiyear effort to renovate NIST's
current buildings and laboratory facilities in compliance with
more stringent science and engineering program requirements.
National Oceanic and Atmospheric Administration
The Committee recommends a total of $2,230,959,000 in new
budget authority for the seven appropriation items of the
National Oceanic and Atmospheric Administration (NOAA) and
transfers totaling $98,000,000. This amount is a decrease of
$6,947,717,000 below the budget request for these items, which
included advance appropriations through fiscal year 2019, a
decrease of $530,222,000 below the regular amounts appropriated
under these accounts for fiscal year 2000.
The Committee recommendation includes funding to address
NOAA's highest priority, which is to maintain the operations of
the National Weather Service, for which $621,726,000 is
provided. Funding is provided to maintain other NOAA operations
generally at the fiscal year 2000 level, with reductions for
lower priority projects. Funding is not included for a series
of new initiatives proposed in the budget, because the
Committee does not have the resources under its allocation to
address major new funding initiatives. In addition, there are
serious authorization issues with a number of the proposals.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $1,606,925,000 in new budget authority
for the coastal, fisheries, marine, weather, environmental,
satellite, and other programs funded in this appropriation.
This amount is a reduction of $81,264,000 below the fiscal year
2000 funding level, and $241,264,000 below the budget request
for direct appropriations under this account.
In addition to the new budget authority provided for the
NOAA ORF account, the Committee recommends a transfer of
$68,000,000 from balances in the account entitled, ``Promote
and Develop Fishery Products and Research Pertaining to
American Fisheries.'' The total amount provided also includes
prior year deobligations and carryover funding totaling
$36,000,000, the same amount proposed in the budget. The bill
also includes language allowing NOAA to retain gifts and
contributions made under the Marine Sanctuary Program. The
Committee expects NOAA to fully utilize the authorities
provided for this program.
The budget request included a proposal to enact legislation
to institute new fees for navigation services and fisheries
management and enforcement services, which is anticipated to
raise $34,000,000 in user fee revenue. This is the fourth and
fifth time, respectively, that these fees have been proposed.
The recommendation does not in any way propose to enact those
fees, and does not assume $34,000,000 in revenues from those
fees.
Language is also included in the bill specifying the total
amount of direct obligations available for each of the six NOAA
line offices and other related activities funded through this
account. The Committee has taken this action to provide greater
clarity and accountability in budgeting and management for the
diverse activities funded in this account. In addition, the
bill also retains language from the fiscal year 2000 Act
regarding the practice of assessing NOAA line organizations,
programs, projects, and activities, to support NOAA and line
office overhead and programs over and above the amounts
specifically provided, and regarding the funding and personnel
in Executive Direction and Administration. The Committee
reminds NOAA that administrative charges levied against certain
activities assigned in the bill are limited to no more than
five percent. In addition, language is also included regarding
use of deobligations in excess of amounts estimated in the
budget.
Further, the Committee expects NOAA to follow the direction
given in this section of the report as well as the sections
addressing the Committee's reprogramming requirements.
NOAA Budgetary and Financial Management.--In the past, the
Committee has identified many serious budgetary and financial
management problems which have been highlighted by the General
Accounting Office, the Inspector General, and NOAA's own
independent auditors for the last several years. The Committee
understands that efforts are now underway to try to address
these problems, and those efforts are encouraged. Yet, there
remains a need for the development of a revised budget
structure that displays the amounts requested under a true
program office and activity structure, segregates amounts
requested for headquarters and field office components of
various activities, as well as indicates the amounts intended
for external grants and contracts.
Therefore, the Committee directs NOAA, through the
Department of Commerce, to report to the Committee by September
15, 2000 on a schedule by which it will undertake the following
actions: (1) submit to the Committee a draft outline for a
revised budget structure in accordance with the direction given
in previous Committee reports; and (2) submit to the Committee
a plan for implementing the independent auditors'
recommendations regarding the presentation of its financial
information. In addition, NOAA is directed to submit to the
Committee, not later than November 1, 2000, an operating plan
for expenditure of funds available to NOAA in fiscal year 2001
based on the Committee's distribution, as shown in the
accompanying table, and report to the Committee on a quarterly
basis, on the status of obligations against the Committee's
distribution.
The following table compares the Committee recommendation
to the 2000 enacted appropriation and the fiscal year 2001
budget request for the activities, sub-activities, and projects
funded in this appropriation.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
FISCAL YEAR 2001
[In thousands of dollars]
------------------------------------------------------------------------
FY00 enacted FY01 request FY01 House
------------------------------------------------------------------------
NATIONAL OCEAN SERVICE
Navigation Services:
Mapping and Charting........ 35,298 38,456 32,718
Address Survey Backlog...... 18,900 18,000 18,900
-----------------------------------------
Subtotal................ 54,198 56,456 51,618
Geodesy..................... 20,159 20,206 21,159
Tide and Current Data....... 12,390 15,089 15,089
Acquisition of Data......... 15,546 17,246 14,546
=========================================
Total, Navigation 102,293 108,997 102,412
Services...............
=========================================
Ocean Resources Conservation
and Assessment:
Ocean Assessment Program.... 44,846 41,465 34,348
GLERL..................... ............ 6,085 ............
Response and Restoration.. 15,329 20,149 10,991
Oceanic and Coastal 8,470 8,500 5,410
Research.................
-----------------------------------------
Subtotal--Estuarine & 68,645 76,199 50,749
Coastal Assessment.....
Coastal Ocean Program....... 17,200 18,232 17,200
-----------------------------------------
Total, Ocean Resources 85,845 94,431 67,949
Conservation and
Assessment.............
=========================================
Ocean and Coastal Management:
CZM Grants.................. 54,700 147,400 54,700
CZM 310 Grants.............. ............ ............ ............
Program Administration...... 4,500 6,608 4,500
Estuarine Research Reserve 6,000 12,000 6,000
System.....................
Nonpoint Pollution Control.. 2,500 4,500 2,500
-----------------------------------------
Subtotal, Coastal 67,700 170,508 67,700
Management.............
Marine Sanctuary Program.... 23,000 32,000 22,500
Total, Ocean and Coastal 90,700 202,508 90,200
Management.............
=========================================
Total, NOS.............. 278,838 405,936 260,561
=========================================
NATIONAL MARINE FISHERIES
SERVICE
Information Collection and
Analysis:
Resource Information........ 108,348 101,988 100,100
Antarctic Research........ 1,234 1,200 1,200
Chesapeake Bay Studies.... 1,890 1,500 2,390
Right Whale Research...... ............ 200 ............
MARFIN.................... 2,750 2,750 2,500
SEAMAP.................... 1,200 1,200 1,200
Alaskan Groundfish Surveys 900 661 661
Bering Sea Pollock 945 945 945
Research.................
West Coast groundfish..... 820 780 820
New England Stock 1,000 1,000 1,000
Depletion................
Hawaii Stock Management 500 ............ 500
Plan.....................
Yukon River Chinook Salmon 1,200 700 ............
Atlantic Salmon Research.. 710 710 710
Gulf of Maine Groundfish 567 567 567
Survey...................
Dolphin/Yellowfin Tuna 250 250 250
Research.................
Pacific Salmon Treaty 17,431 10,587 5,587
Program..................
Hawaiian Monk Seals....... 750 500 500
Steller Sea Lion Recovery 4,000 1,440 1,440
Plan.....................
Hawaiian Sea Turtles...... 285 248 248
Bluefish/Striped Bass..... 1,000 ............ 1,000
Halibut/Sablefish......... 1,200 1,200 1,200
-----------------------------------------
Subtotal................ 146,980 128,426 122,818
=========================================
Fishery Industry Information:
Fish Statistics........... 13,000 18,871 13,000
Alaska Groundfish 5,500 5,200 5,200
Monitoring...............
PACFIN/Catch Effort Data.. 3,000 3,000 4,700
AKFIN (Alaska Fishery 2,500 ............ ............
Information Network).....
RECFIN.................... 3,700 3,100 3,100
GULF FIN Data Collection 3,500 ............ 3,000
Effort...................
-----------------------------------------
Subtotal................ 31,200 30,171 29,000
=========================================
Information Analyses and 20,900 21,403 20,400
Dissemination................
Computer Hardware and 3,500 3,500 750
Software...................
-----------------------------------------
Subtotal................ 24,400 24,903 21,150
Acquisition of Data........... 25,943 25,944 25,943
=========================================
Total, Information, 228,523 209,444 198,911
Collection, and
Analyses...............
=========================================
Conservation and Management
Operations:
Fisheries Management 39,060 40,325 34,680
Programs...................
Columbia River Hatcheries. 12,055 15,212 12,055
Columbia River Endangered 288 288 288
Species..................
Regional Councils......... 13,150 13,100 13,150
International Fisheries 400 400 400
Commissions..............
Management of George's 478 478 478
Bank.....................
Pacific Tuna Management... 2,300 1,250 1,250
Fisheries Habitat 2,000 4,000 2,000
Restoration..............
NE Fisheries Management... 6,000 11,980 6,000
NE Cooperative............ ............ 15,000 15,000
Norton Sound Fisheries.... ............ 5,000 5,000
Coral Reefs............... ............ 5,000 ............
-----------------------------------------
Subtotal, Fisheries 75,731 112,033 90,301
Mgmt. Programs.........
=========================================
Protected Species 6,200 8,988 6,950
Management...............
Driftnet Act 3,439 3,278 3,278
Implementation...........
Marine Mammal Protection 7,583 7,225 7,225
Act......................
Endangered Species Act 43,500 55,450 42,800
Recovery Plan............
Dolphin Encirclement...... 3,300 3,300 3,300
Native Marine Mammals..... 950 700 200
Observers/Training........ 2,650 4,500 4,500
-----------------------------------------
Subtotal................ 67,622 83,441 68,253
Habitat Conservation........ 9,200 11,079 9,200
Enforcement and Surveillance 17,950 22,354 17,950
=========================================
Total, Conservation and 170,503 228,907 185,704
Management Operations..
=========================================
State and Industry Assistance
Programs:
Interjurisdictional 2,600 2,590 2,590
Fisheries Grants...........
Anadromous Grants........... 2,100 2,100 2,100
Interstate Fish Commissions. 7,750 4,000 7,750
-----------------------------------------
Subtotal................ 12,450 8,690 12,440
=========================================
Fisheries Development Program:
Product Quality and Safety/ 9,500 8,328 8,328
Seafood Inspection.........
Hawaiian Fisheries 750 ............ ............
Development................
-----------------------------------------
Subtotal................ 10,250 8,328 8,328
Total, State and 22,700 17,018 20,768
Industry Programs......
=========================================
Total, NMFS............. 421,726 455,369 405,383
=========================================
OCEANIC AND ATMOSPHERIC
RESEARCH
Climate and Air Quality
Research:
Interannual and Seasonal.... 16,900 14,986 12,900
Climate and Global Change 67,000 67,095 63,000
Research...................
GLOBE....................... 3,000 5,000 ............
Climate Observations and ............ 24,000 ............
Services...................
-----------------------------------------
Subtotal................ 86,900 111,081 75,900
=========================================
Long-term Climate and Air 30,000 30,525 29,409
Quality Research...........
-----------------------------------------
Information Technology...... 12,750 12,750 12,000
Subtotal................ 42,750 43,275 41,409
=========================================
Total, Climate and Air 129,650 154,356 117,309
Quality Research.......
=========================================
Atmospheric Programs:
Weather Research............ 37,350 37,075 35,850
STORM....................... 2,000 ............ ............
Wind Profiler............... 4,350 4,350 4,350
-----------------------------------------
Subtotal................ 43,700 41,425 40,200
Solar/Geomagnetic Research.. 7,000 6,182 6,000
-----------------------------------------
Total, Atmospheric 50,700 47,607 46,200
Programs...............
=========================================
Ocean and Great Lakes
Programs:
Marine Prediction Research.. 27,325 22,595 19,725
GLERL....................... 6,825 ............ 7,125
Sea Grant Program........... 59,250 59,250 61,250
National Undersea Research 13,800 5,750 ............
Program....................
-----------------------------------------
Total, Ocean and Great 107,200 87,595 88,100
Lakes Programs.........
Acquisition of Data........... 12,952 12,952 12,952
=========================================
Total, OAR.............. 300,502 302,510 264,561
=========================================
NATIONAL WEATHER SERVICE
Operations and Research:
Local Warnings and Forecasts 444,487 466,471 459,252
MARDI....................... ............ ............ ............
Radiosonde Replacement...... ............ ............ ............
Susquehanna River Basin 1,125 619 1,250
Flood System...............
Aviation Forecasts.......... 35,596 35,596 35,596
Advanced Hydrological 1,000 1,000 1,000
Prediction System..........
WFO Maintenance............. 3,250 5,250 3,250
Weather Radio Transmitters.. ............ ............ 3,000
-----------------------------------------
Subtotal................ 485,458 508,936 503,348
Central Forecast Guidance..... 37,081 38,001 37,081
Atmospheric and Hydrological 3,000 3,068 3,000
Research.....................
-----------------------------------------
Total, Operations and 525,539 550,005 543,429
Research...............
=========================================
Systems Acquisition:
Public Warnings and
Forecast Systems:
NEXRAD.................. 38,836 38,802 38,802
ASOS.................... 7,345 7,423 7,345
AWIPS/NOAA Port......... 32,150 38,642 32,150
-----------------------------------------
Total, Systems 78,331 84,867 78,297
Acquisition..........
=========================================
Total, NWS............ 603,870 634,872 621,726
=========================================
NAT'L ENVIRONMENTAL SATELLITE,
DATA AND INFORMATION SER
Satellite Observing Systems:
Ocean Remote Sensing........ 4,000 4,000 ............
Environmental Observing 53,300 53,912 50,800
Systems....................
Global Disaster Information ............ 5,500 ............
Network....................
-----------------------------------------
Total, Satellite 57,300 63,412 50,800
Observing Systems......
=========================================
Environmental Data Management 38,700 32,454 40,700
Systems......................
Data and Information 12,335 12,335 12,335
Services...................
Regional Climate Centers.... 2,750 ............ 2,750
-----------------------------------------
Total, EDMS............. 53,785 44,789 55,785
=========================================
Total, NESDIS........... 111,085 108,201 106,585
=========================================
PROGRAM SUPPORT
Administration and Services:
Executive Direction and 19,387 19,902 19,200
Administration.............
Systems Acquisition Office.. 712 712 700
-----------------------------------------
Subtotal.................. 20,099 20,614 19,900
Central Administrative 36,350 33,132 31,850
Support....................
Retired Pay Commissioned ............ ............ ............
Officers...................
Minority Serving ............ 17,000 ............
Institutions...............
-----------------------------------------
Total, Administration 56,449 70,746 51,750
and Services...........
=========================================
Aircraft Services............. 10,760 11,009 11,000
Rent Savings (transferred to (4,656) ............ (4,656)
ATB).........................
-----------------------------------------
Total, Program Support.. 62,553 81,755 58,094
=========================================
FLEET PLANNING AND MAINTENANCE 13,243 9,294 7,000
Facilities:
NOAA Facilities Maintenance. 1,809 1,941 1,800
Environmental Compliance.... 2,000 3,899 2,000
WFO Maintenance............. ............ ............ ............
Columbia River Facilities... 3,365 ............ 3,365
Boulder Facilities (GSA) 3,850 5,350 3,850
Operations.................
NARA Records Mgmt........... ............ 262 ............
-----------------------------------------
Total, Facilities....... 11,024 11,452 11,015
=========================================
Direct Obligations............ 1,802,841 2,009,389 1,734,925
Offset for Fee Collections.... (4,000) ............ ............
Reimbursable Obligations...... 195,767 204,400 204,400
Offsetting Collections (data 3,600 3,600 3,600
sales).......................
Offsetting Collections (fish 4,000 ............ 4,000
fees/IFQ CDQ)................
Subtotal, Reimbursables. 199,367 208,000 212,000
-----------------------------------------
Total, Obligations...... 2,002,208 2,217,389 1,946,925
=========================================
Financing:
Deobligations (prior year (36,000) (36,000) (36,000)
recoveries)................
Unobligated Balance (2,652) ............ ............
transferred, net...........
Offsetting Collections (data (3,600) (3,600) (3,600)
sales).....................
Offsetting Collections (fish (4,000) ............ (4,000)
fees/IFQ CDQ)..............
Federal Funds............... (134,927) (147,700) (147,700)
Non-Federal Funds........... (60,840) (56,700) (56,700)
-----------------------------------------
Subtotal, Financing..... (242,019) (244,000) (248,000)
=========================================
Budget Authority........ 1,760,189 1,973,389 1,698,925
=========================================
Financing From:
Promote and Develop American (68,000) (68,000) (68,000)
Fisheries..................
Coastal Zone Management Fund (4,000) (3,200) (4,000)
Anticipated Offsetting ............ (20,000) ............
Collections (fish fees)....
Anticipated Offsetting ............ (14,000) ............
Collections (navigation
fees)......................
Disaster Relief--Norton ............ (5,000) (5,000)
Sound......................
Disaster Relief--NE ............ (15,000) (15,000)
Fisheries..................
Subtotal, ORF........... 1,688,189 1,848,189 1,606,925
-----------------------------------------
Total, ORF.............. 1,688,189 1,848,189 1,606,925
------------------------------------------------------------------------
NATIONAL OCEAN SERVICE
The Committee has included a total of $260,561,000 for
activities of the National Ocean Service (NOS) for fiscal year
2001, instead of $278,838,000 provided for fiscal year 2000 and
$405,936,000 as requested.
Navigation Safety Programs.--The Committee has included
$102,412,000 for NOAA's navigation safety programs. This amount
is $119,000 above the current fiscal year, and $6,585,000 below
the request for these activities and programs.
Mapping and Charting.--The recommendation includes
$51,618,000 for mapping and charting activities, which is a
freeze at the current year level, except for the deletion of
funding for a special project, and includes $18,900,000, the
same level as the current year, provided to address the
hydrographic survey backlog. The recommendation is consistent
with the position the Committee has supported that at least 50
percent of hydrographic surveying should be contracted out. The
recommendation is $3,158,000 below the request. In addition,
$14,546,000 is provided under the Acquisition of Data line.
Geodesy.--The Committee has included $21,159,000
for NOAA's geodesy programs, an increase of $1,000,000 above
fiscal year 2000, and $953,000 above the request. The
recommendation includes $2,000,000 for initial implementation
of the National Height System Demonstration, based on the
recommendations contained in the National Height Modernization
Study in California and North Carolina.
Tide and Current Data.--The Committee has
recommended $15,089,000 for this activity, an increase of
$3,089,000 above fiscal year 2000, and the same level as the
budget request. The recommendation would enable NOS to
implement and maintain the necessary quality controls for real-
time tide and current data systems. Funding is included to
continue implementation of the Physical Oceanographic Real-Time
System (PORTS) program.
Ocean Assessment Program.--The Committee recommendation
provides $34,348,000 for this activity. The recommendation
provides the following: $12,600,000 for the base program,
$900,000 for South Florida Ecosystems, equal to the current
year level; $12,000,000 for the NOAA Coastal Services Center;
$3,425,000 for general pfisteria/harmful algal bloom research
and monitoring, the same level as fiscal year 2000; $2,500,000
to continue outreach and education on coastal and ocean
environments under the JASON project; and $2,923,000 for the
NOAA Beaufort/Oxford Laboratory.
The Committee supports the further consolidation of ocean
and coastal research and assessment programs into a single line
organization as such action would ensure greater coordination
and cooperation and guard against duplication of efforts.
However, the Committee believes that NOAA's proposal falls
short of this goal by proposing to move only a portion of
coastal and ocean-related programs from Oceanic and Atmospheric
Research (OAR) to NOS. This is further evidenced by the fact
that the budget request continues to fund similar programs in
both NOS and OAR. Therefore, the Committee does not recommend
the transfer of the Great Lakes Environmental Laboratory at
this time, but would be willing to consider such action in the
context of a reorganization which fully consolidates all ocean
and coastal research and monitoring programs into NOS.
Response and Restoration.--The recommendation
provides a total of $10,991,000 for Response and Restoration
activities, $4,338,000 below the current year level and
$9,158,000 below the request.
Oceanic and Coastal Research.--The recommendation
includes $5,410,000 for Oceanic and Coastal Research,
$3,060,000 below the level provided in fiscal year 2000 and
$3,090,000 below the request. The amount provided in the
recommendation is for the Southeast Fisheries Laboratory.
Coastal Ocean Program.--The recommendation includes
$17,200,000 for this program, the same amount provided in
fiscal year 2000, and $1,232,000 below the request. Within the
amount provided, the Committee has included $10,500,000 for the
base Coastal Ocean program, the same as in fiscal year 2000;
and $5,287,000 for research related to hypoxia, pfisteria and
other harmful algal blooms, including the ``dead-zone'' in the
Gulf of Mexico. Further, the Committee recommendation assumes
funding for the South Florida Ecosystems at the current level,
and expects that the program will be conducted utilizing the
expertise of university partners in the area.
Coastal Zone Management.--The Committee recommendation
provides a total of $61,700,000 under the National Ocean
Service to assist coastal States in implementing clean water
programs. Of this amount, $54,700,000 is for grants to States
in accordance with sections 306 and 306A of the Coastal Zone
Management Act (CZMA), the same amount provided in fiscal year
2000, of which up to $10,000,000 may be used for activities
under section 309; $4,500,000 is for Program Administration;
and $2,500,000 is for section 6217 of the CZMA. While the
Administration's budget proposed a total of $147,400,000 for
CZMA-related programs, an increase of 64 percent over the
current year, the Committee notes that the CZMA authorization
has expired. Further, a large portion of the increase
requested, $55,000,000, was proposed for two new set-aside
programs for the Non-Point Source Pollution program which is
not authorized under sections 306 and 306A of the CZMA, but
rather section 6217 of the CZMA. In the past, the Committee has
expressed concern that the Non-Point Source Pollution program
remains unauthorized, and has questioned whether this program
is duplicative of programs funded under the Environmental
Protection Agency and the Department of Agriculture.
In addition, the Administration requested $100,000,000 for
a new, unauthorized program under NOAA to provide grants to
coastal States to mitigate the impacts of offshore drilling
activities, and to protect coastal ecosystems. On May 11, 2000,
the House passed H.R. 701, a bill that provides $1 billion of
mandatory funding to coastal States to protect coastal
ecosystems. The defined uses of this fund include conservation,
restoration, enhancement, and creation of coastal habitats and
also the implementation of federally approved marine, coastal
or comprehensive conservation and management plans. Therefore,
the Committee does not include funding for a new, duplicative,
discretionary program in light of the new, mandatory program
funded in H.R. 701.
Estuarine Research Reserve System.--The recommendation
includes $6,000,000 for the National Estuarine Research Reserve
System, the same level as current year and $6,000,000 below the
request.
Marine Sanctuary Program.--The Committee has included
$22,500,000 for the National Marine Sanctuary Program, the same
level as provided in current year with the exception of a one-
time only project, and $9,500,000 below the request. The
current year level is an increase of $8,700,000 above fiscal
year 1999 levels, provided to enhance the operations of the 12
existing marine sanctuaries. The Committee recommendation does
not include funding for additional marine sanctuaries.
In addition, the recommendation includes $500,000 for the
activities of the Northwest Straits Citizens Advisory
Commission, the same amount provide in fiscal year 2000. The
Commission was established to be provide an ecosystem focus on
the marine resources in the area, mobilize science and support
marine resource committees, and establish a forum for
coordination and consensus building, in lieu of Federal
designation of the area as a Marine Sanctuary. The Committee
believes that such a consensus-based approach is an innovative
and novel way to promote marine conservation, the goal of the
Marine Sanctuary Program.
Further, the Committee continues to believe that NOAA
should redouble its efforts to pursue revenue enhancement
initiatives to explore other voluntary, innovative means to
identify partners and raise additional resources for the
sanctuaries. In addition, the bill includes language, carried
in previous years, allowing the collection of user fees for the
sanctuaries.
National Marine Fisheries Service
The Committee has provided a total of $405,383,000 for the
programs of the National Marine Fisheries Service (NMFS), as
compared to $421,726,000 provided in fiscal year 2000 and
$455,369,000 as requested. The Committee notes that for the
fifth consecutive year, the budget request includes a proposal
for new fishery fees, a proposal repeatedly rejected by the
Congress. Therefore, in light of the unrealistic funding
mechanisms proposed in the budget to finance increases, the
Committee has prioritized to provide the necessary resources to
support NMFS programs.
The Committee's actions reflect the fact that the key to
building sustainable fisheries lies in the ability to
accurately assess the status of the stock. Early assessment
enables more accurate and timely decisions by managers of the
resource to ensure continued viability of the resource. Thus
the Committee has placed highest priority on, and provided
increases for, programs and activities which ensure that NMFS
and its resource management partners have access to the
necessary information to make fishery management decisions.
Resource Information.--The Committee recommendation
includes $100,100,000 for this activity, which is $8,248,000
below the amount provided in fiscal year 2000, and $1,888,000
below the request. Of this amount $86,000,000 is provided for
base programs for stock assessments and surveys. The Committee
includes a total of $4,250,000 for stock assessments and
research for the west coast groundfish fisheries, an increase
of $2,000,000 over the current year level. In addition, the
Committee provides funding to continue both the aquatic
resources environmental initiative and MarMAP at the current
level. The Committee also expects NMFS to continue the
collaborative multi-regional biological research on highly
migratory species of sharks to provide NMFS with the
information necessary for effective management of the highly
migratory shark fishery and conservation of imminently
threatened shark fishery resources.
Sea Turtle Protection.--The Committee expects NMFS to
continue to improve its activities in the area of protecting,
recovering and improving beach monitoring of the southeastern
sea-turtles. The committee directs NMFS to provide not less
than the amount provided in fiscal year 2000 for continuing
those activities.
Atlantic Bluefish/Striped Bass.--The Committee
recommendation includes $1,000,000 in funding under Resource
Information for the ongoing program under the Cooperative
Education Marine Research program to study the decline of
nearshore Atlantic bluefish stocks and striped bass population
monitoring.
PACFIN/catch effort data.--The Committee has provided
$4,700,000 for this activity, an increase of $1,700,000 above
the request, and the same level as provided in fiscal years
1998 and 1999.
RECFIN.--The Committee provides $3,100,000 for this
activity and expects that the programs for the West Coast,
Atlantic States, and Gulf States shall each receive one-third
of these funds. Funding for any supplemental region-specific
projects is to be derived from the overall ``Fish Statistics''
line item.
GulfFIN.--The Committee has provided $3,000,000 to continue
a data collection and analysis program for fisheries catch and
stock assessment data in both the commercial and recreational
areas of the Gulf of Mexico.
Computer Hardware and Software.--The recommendation
includes $750,000, a reduction of $2,750,000 below the fiscal
year 2000 level and the request. In fiscal year 2000, the
Committee included $750,000 for development of catch reporting
software in conjunction with West Coast States and Alaska which
will allow electronic reporting of fish ticket information in a
manner compatible with systems utilized by the various
regulatory and monitoring agencies. The Committee is aware that
this catch reporting software has not been developed, nor has
this issue been addressed to date. Last year, the Committee was
informed that NMFS was using funds to develop their own
computer software, rather than seeking readily available
software. The Committee has deferred funding for the base
program until NMFS can assure the Committee that this issue has
been resolved.
Fisheries Management Programs.--The recommendation includes
$34,680,000 for this activity, $4,380,000 below fiscal year
2000, and $5,645,000 below the request. Within this amount, the
Committee recommends $500,000 to continue addressing inter-
tidal and other restoration activities for blue back herring,
striped bass, and other species.
Columbia River Hatcheries.--The recommendation includes
$12,055,000 for Columbia River Hatcheries operations and
maintenance, and the mass marking function within the NMFS line
equal to the current year and the base request. The
recommendation does not include the proposal to move funding
for Columbia River hatchery facilities from the Facilities
heading of the NOAA budget to NMFS, but maintains funding for
facilities under the Facilities heading.
New England Fisheries Management.--The recommendation
includes $6,000,000 to implement rebuilding plans developed for
fisheries as required by Magnuson-Stevens Act and to allow for
cooperative research programs. In addition, $15,000,000 is
included by transfer to respond to fisheries failures in the
Northeast multi-species fisheries.
Facilities.--Funding of $4,000,000 is for NMFS facilities
maintenance, an increase of $400,000 from current year level.
Protected Species Management.--The recommendation includes
an additional $250,000 to supplement base funding for the
investigation and recommended follow-on activities relating to
the impact of California sea lions and harbor seals on the West
Coast, and $750,000 for bottle-nose dolphins in the Southeast.
Right Whales.--The Committee expects NMFS to continue its
right whale research and to focus on much needed gear
modification research. The Committee is concerned that strikes
by large vessels have resulted in right whale fatalities. The
Committee directs NMFS to work with the Coast Guard and the
Department of the Navy to reduce the strikes in whale habitat
areas. The Committee recommendation provides $4,300,000 for
research, $200,000 above the current year, and the same as the
budget request. The Committee expects NMFS to fund: gear
modification research; early warning surveys and acoustic
studies; reproductive research; habitat monitoring and
population studies and tagging studies, at least at the current
year level.
Interstate Fish Commissions.--The recommendation includes
$7,750,000 for interstate fish commissions, an increase of
$3,750,000 above the request, and the same amount provided in
fiscal year 2000. The Committee directs that $750,000 be
provided to the three interstate commissions, with the
remaining funds to be provided for implementation of the
Atlantic Coastal Fisheries Cooperative Management Act.
The Committee expects NOAA to maintain as a priority under
the Saltonstall-Kennedy grant program proposals for research
and education efforts directed at the protection of high-risk
consumers from naturally occurring bacteria associated with raw
molluscan shellfish. Specifically, the Committee expects
continuation of on-going efforts to address concerns associated
with Vibrio vulnificus.
Oceanic and Atmospheric Research
The Committee has provided a total of $264,561,000 for the
Oceanic and Atmospheric Research Programs of NOAA, instead of
$302,510,000 as requested. The Committee recommendation
includes the following amounts for basic laboratory research
and support under Oceanic and Atmospheric Research:
Climate and Air Quality Research and Atmospheric
Programs.--The Committee has included $12,900,000 for the base
Interannual and Seasonal Climate research program, the full
amount of the base program as funded in fiscal year 2000 and as
requested. The recommendation also includes $61,000,000 for the
base Climate and Global Change program, $2,000,000 below the
level provided in fiscal year 2000 and $4,095,000 below the
request. Of this amount, not less than $17,000,000 is for the
International Research Institute and related regional
application centers programs, which is the fiscal year 2000
level. The Committee recommendation believes OAR's priority
should be placed on short and medium term climate forecasting,
such as the El Nino and La Nina phenomena, and that these
activities should be increased to the maximum extent possible,
and offset by reductions in lower priority programs which are
not core NOAA mission requirements and are duplicative of other
Federal agency programs, including the social science-related
economic and human dimensions assessments.
The recommendation also includes $29,409,000 for Long-term
Climate and Air Quality Research, $591,000 below fiscal year
2000 and $1,116,000 below the request. In addition, $35,850,000
is provided for the base Weather research program, the same
level as in fiscal year 2000, with the exception of one
project.
Marine Prediction Research.--The recommendation includes a
total of $19,725,000 for this activity in fiscal year 2001.
Within the total provided, the Committee has provided
$8,875,000 for the base Marine Prediction Research program, the
same level as the current year; $1,450,000 to continue the
Ocean Services activity, which was transferred from NOS to OAR
in fiscal year 1999, and $1,650,000 to continue the Arctic
Research Initiative. In addition, within this amount, the
Committee has also provided $1,650,000 for continued
implementation of the National Invasive Species Act, including
$850,000 to continue the ballast water demonstration program.
Funding is also provided to continue the aquatic ecosystems
initiative and the VENTS program at their fiscal year 2000
levels.
GLERL.--The Committee has included $7,125,000 for the Great
Lakes Environmental Research Laboratory, $1,040,000 above the
request and $300,000 above the amount provided in fiscal year
2000. The Committee has continued funding for GLERL within OAR,
given the other Great Lakes-related programs contained in this
line office. Should NOAA propose to consolidate all related
programs into one line office, the Committee would be willing
to consider such a transfer in accordance with the direction
included under the National Ocean Service.
Sea Grant.--The Committee recommendation includes
$61,250,000 for the Sea Grant program, an increase of
$2,000,000 above the budget request and the current year level.
Within this amount, $3,000,000 is included for zebra mussel
research in accordance with the Non-indigenous Aquatic Nuisance
Prevention and Control Act; $3,000,000 is for oyster disease
research, including $1,000,000 to continue the Gulf of Mexico
initiative on oyster-related human health risks; and $1,000,000
is provided for pfisteria and related research.
The Committee has provided no funding for the undersea
research program and no funding for the Global Learning
Observations to Benefit the Environment (GLOBE) program.
NATIONAL WEATHER SERVICE
The Committee recommendation includes a total of
$621,726,000 for the National Weather Service for fiscal year
2001, which is $17,856,000 above fiscal year 2000, and
$13,146,000 below the request. Additional amounts for NWS are
provided under Facilities Maintenance, and within the
Procurement, Acquisition and Construction account to support
NWS systems modernization and facilities requirements. The
Committee recommendation realigns weather forecasting office
maintenance and weather radio transmitters under the operations
and research line, but does not realign the radiosonde
replacement from the facilities maintenance line. The
recommendation includes funding for central computer upgrade
activities under the Procurement, Acquisition and Construction
account.
Local Warnings and Forecasts.--The Committee recommendation
provides $459,252,000 for Local Warnings and Forecasts, an
increase of $15,365,000 over fiscal year 2000, and a decrease
of $7,219,000 below the request. In comparison to requested
amounts, the recommendation provides $3,000,000 of the
requested $4,790,000 for labor cost increases, and $1,650,000
to maintain the existing suite of data buoys and coastal marine
automated stations, as requested. Further, the recommendation
includes $3,000,000 to expand the NOAA weather radio program,
as requested, including $500,000 to increase the coverage in
Illinois; $100,000 for Melba, Mississippi, and $77,000 for
Mason County, Kentucky and such funds as necessary for
Northeastern Minnesota.
Other Operations and Research Program.--The recommendation
provides $1,250,000 for the Susquehanna River Basin flood
system; $35,596,000 for Aviation Forecasts, the same as the
request and current year level; $1,000,000 for the Advanced
Hydrological Prediction Program; and $3,250,000 for Weather
Forecast Office maintenance costs.
AWIPS/NOAA Port.--The recommendation includes $32,150,000
for the operations of the AWIPS system, which has been fully
installed. This is the same amount as provided in fiscal year
2000, and $6,492,000 below the request.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
The recommendation includes $106,585,000 for the
operational and research and development programs of the
National Environmental Satellite, Data, and Information Service
(NESDIS), a decrease of $4,500,000 below fiscal year 2000 and
$1,616,000 below the request.
Environmental Data Management Systems.--The Committee has
provided a total of $55,785,000 for this account, a decrease of
$10,996,000 below the request and an increase of $2,000,000
above the current level. The amount provides $500,000 for
cooperative network modernization; and $5,500,000 above the
current level for climate database modernization and
utilization.
The recommendation includes $2,750,000 for continuation of
the Regional Climate Centers program, which was proposed for
elimination. Also, the recommendation provides $500,000 above
the current year level for base operations of Environmental
Data Management Systems, which is intended to enhance the
operations of the National Climatic Data Center. Further, the
Committee recognizes the value of NOAA climate data centers as
the U.S. repository for historical environmental data and
encourages the Administration to ensure that adequate funding
is requested to maintain these centers.
PROGRAM SUPPORT
The Committee has included $58,094,000 for Program Support.
Included in this total is $31,850,000 for Central
Administrative Support and $11,000,000 for aircraft services.
Funding is provided for the Commerce Automated Management
System (CAMS) under the Procurement, Acquisition, and
Construction heading.
FLEET MAINTENANCE AND PLANNING
The recommendation includes $7,000,000 for this activity, a
decrease of $2,294,000 below the request, and $6,243,000 below
the amount provided in fiscal year 2000. The recommendation
provides sufficient funding for routine maintenance of the
existing NOAA fleet. No funds are provided to modernize the
existing fleet, initiate major repairs to extend the life of a
vessel, or purchase new equipment to upgrade an existing
vessel.
FACILITIES
The Committee recommendation includes $11,015,000 for
facilities maintenance, lease costs, and environmental
compliance, which is $9,000 below the amount provided for
fiscal year 2000 and $437,000 below the request. Of the amounts
provided: $1,800,000 is for NOAA facilities maintenance,
$2,000,000 is for environmental compliance activities,
$3,365,000 is for Columbia River facilities maintenance, and
$3,850,000 is for Boulder Facilities Operations.
The Committee provides the same level of funding provided
in the current year, but remains concerned about the GSA rental
rate for the facility in Boulder, Colorado. The Committee
understands that GSA is charging NOAA a rental rate that is far
in excess of a normal market approach to value. This distresses
the Committee greatly, as the Committee provided approximately
$14,000,000 for above-standard costs over a period of several
years during the construction of the facility, only to find
that NOAA is being asked to pay what has been determined to be
excessive rental rates. GSA is apparently setting the rental
rate to achieve an 8 percent return on investment, and this is
apparently the first building to which GSA has applied that
standard. The Committee encourages the Department of Commerce
and GSA to arrive at a lower and more reasonable rental rate.
The Committee expects the Department of Commerce to provide a
report to the Committee on this situation by August 15, 2000.
Procurement, Acquisition and Construction
The recommendation includes $564,656,000 in fiscal year
2001 for this account, a decrease of $31,411,000 below the
current level, and $70,566,000 below the request. The
recommendation does not include an advance appropriation of
$6,417,495,000 for fiscal years 2002-2019, as requested in the
budget. This account funds capital assets acquisition
activities, including systems acquisition and new construction.
The following distribution reflects the activities funded
within this account:
CAMS.................................................... $4,500,000
AWIPS................................................... 16,000,000
ASOS.................................................... 3,855,000
NEXRAD.................................................. 8,280,000
Computer Facilities Upgrades............................ 11,100,000
Polar Spacecraft and Launching.......................... 206,965,000
Geostationary Spacecraft and Launching.................. 290,824,000
Radiosonde Replacement.................................. 2,000,000
GFDL Supercomputer...................................... 5,000,000
Evansville Radar........................................ 5,500,000
Construction:
Weather Forecast Office............................. 9,136,000
NERRS Construction.................................. 6,000,000
Marine Sanctuaries.................................. 3,000,000
(Deobligations)......................................... (7,504,000)
--------------------------------------------------------
____________________________________________________
Total, Procurement, Acquisition and Construction.. $564,656,000
Advanced Weather Interactive Processing System (AWIPS).--
The Committee has included $16,000,000 for the AWIPS
acquisition, which is $1,300,000 below the request, and the
same amount provided in current year. Funding will complete the
second of a three year effort to develop and deploy Build 5.0
software.
Next-Generation Radar (NEXRAD).--The Committee
recommendation includes $8,200,000 for continued closeout
activities and planned product improvements at the current year
level.
Polar and Geostationary Spacecraft and Launching
Programs.--The Committee recommends a total of $497,789,000 for
satellite development and procurement programs, $40,195,000
above fiscal year 2000, and $6,654,000 below the request. This
amount includes $70,000,000 for NPOESS-Polar convergence, an
increase of $20,000,000 above the request. While the
Committee's constrained allocation prevents fully funding this
line item, the Committee considers this program to be a high
priority. Should slippage occur in any other program under the
Systems Acquisition activity, the NPOESS program should be the
first priority for any reprogramming of funds.
NERRS Construction.--The recommendation includes $6,000,000
in construction funds to provide funding needed to supplement
or update facilities.
PACIFIC COASTAL SALMON RECOVERY FUND
The recommendation includes $58,000,000, the amount
provided in the current year, for the Pacific Salmon Recovery
Fund. This amount is $102,000,000 below the request. In the
fiscal year 2000 Act, language was included to authorize the
appropriation of funds for fiscal year 2000. The Committee has
included bill language making fiscal year 2001 funds available
subject to express authorization. The Committee's
recommendation does not include funding for a vessel buy-back
program.
COASTAL ZONE MANAGEMENT FUND
The Committee has included language in the bill, identical
to that included in fiscal year 2000, which makes available
$4,000,000 in the Coastal Zone Management (CZM) Fund for
administration of the CZM program, and for State Development
Grants in accordance with the authorization set forth in
Section 308(b)(2)(A) and 308(b)(2)(B)(v) of the Coastal Zone
Management Act, and the National Estuarine Reserve program set
forth in Section 315(e) of the Coastal Zone Management Act. The
budget included language to transfer the funding to the
Operations, Research, and Facilities account.
fishermen's contingency fund
The Committee recommends $951,000 for the Fishermen's
Contingency Fund, the full amount requested, and $2,000 less
than current year.
The Fishermen's Contingency Fund provides compensation to
U.S. fishermen for damage or loss of fishing gear and any
resulting loss because of natural or manmade obstructions
related to oil and gas exploration, development, and production
on the Outer Continental Shelf.
FOREIGN FISHING OBSERVER FUND
The Committee recommends $189,000 for the Foreign Fishing
Observer Fund for fiscal year 2001, an amount equal to the
current year level and $2,000 below the request.
Fees paid into the Fund are collected from owners and
operators of certain foreign fishing vessels that fish within
the United States Fishery Conservation Zone and are intended to
be used by the Secretary of Commerce to finance the cost of
placing United States observers aboard such fishing vessels.
FISHERIES FINANCE PROGRAM ACCOUNT
The Committee recommends $238,000 in subsidy amounts for
the Fisheries Finance Program account, $100,000 below the
fiscal year 2000 level due to the discontinuation of certain
special programs. The budget request included the following: an
increase of $1,928,000 for Fisheries Finance Program
administrative costs; $513,000 for a new 1% loan program;
$2,000,000 for industry funded buyback loans; $1,000,000 in a
subsidy loan program for mariculture/aquaculture systems; and
$950,000 for the Individual Fishery Quota (IFQ) program. The
recommendation does not include funding for any of these
expanded programs and provides funding at the current year
level. In addition, language carried in previous years is
continued prohibiting loans under this account from being made
to purchase any new vessel that would increase the harvesting
capacity of any U.S. fishery.
General Administration
SALARIES AND EXPENSES
The Committee recommends $31,392,000 for the Commerce
Department's Salaries and Expenses appropriation for fiscal
year 2001, the same amount available in fiscal year 2000 and a
decrease of $948,000 below the budget request. If additional
funds are required, transfers under section 205 can be proposed
for reprogramming. In addition, the Committee does not
recommend a separate appropriation for security, and maintains
funding for Department of Commerce bureaus within their
respective budgets. Further, the recommendation does not
include a separate appropriation for funding to create a new
telecommunications structure for the Department.
The Committee recommendation does not include
appropriations requested under the Census Bureau to supplement
funding requested by the General Services Administration (GSA)
for architectural and design work related to the renovation of
the Suitland facilities. The Committee is aware of the current
deficiencies at the Suitland facilities occupied by both the
Census Bureau and NOAA. However, to date, the Committee has not
received a comprehensive facilities plan for the Suitland
facilities which addresses the short- and long-term plans to
meet both agencies' space requirements. Further, it is unclear
as to the funding responsibilities for the Bureau, NOAA, and
the GSA. Therefore, the Department is directed to provide the
Committee no later than August 15, 2000, a comprehensive
facilities plan which includes, but is not limited to, the
following: (1) the short- and long-term plans for the Census
Bureau's and NOAA's continued use of Suitland facilities; (2)
the total costs associated with renovations to the Suitland
facilities, including a breakdown, by fiscal year, of costs to
be incurred by the Census Bureau, NOAA, and GSA; (3) a
description and cost estimates for any additional Census Bureau
or NOAA facilities planned for the Washington, D.C. area; and
(4) a description of alternative options studied to address the
needs at the Suitland facility.
This appropriation provides for the Office of the Secretary
and for staff offices of the Department which assist in the
formulation of policy, management, and administration.
Office Relocations.--The Committee continues its direction
for the Department to submit quarterly reports providing
details of all office moves, opening, reductions and closing,
which will be considered as reprogrammings under section 605 of
the Act.
Office of Inspector General
The Committee recommends $21,000,000 for the Commerce
Department's Office of Inspector General for fiscal year 2001.
This amount is an increase of $1,000,000 above the current
level, and $1,726,000 below the request.
General Provisions--Department of Commerce
The Committee has included the following General Provisions
for the Department of Commerce that were included in the fiscal
year 2000 Appropriations Act:
Section 201 makes Commerce Department funds in the bill
available for advanced payments only upon certification of
officials designated by the Secretary that such payments are
considered to be in the public interest.
Section 202 makes appropriations for the Department in the
bill for salaries and expenses available for hire of passenger
motor vehicles, and for services, uniforms and allowances as
authorized by law.
Section 203 prohibits any of the funds in the bill to be
used to support hurricane reconnaissance aircraft and
activities that are under the control of the United States Air
Force or the United States Air Force Reserve.
Section 204, modified as proposed, prohibits the use of
Commerce Department funds in this or any previous Act from
being used for the purpose of reimbursing the Unemployment
Trust Fund or any other account of the Treasury to pay
unemployment compensation for temporary Census workers for
services performed in the conduct of the decennial census.
Section 205 provides the authority to transfer funds
between Department of Commerce appropriation accounts. The
language provides that no account may be decreased by more than
5 percent or increased by more than 10 percent. The language
also makes the transfers subject to the Committee's standard
reprogramming procedures.
Section 206 provides that should legislation be enacted to
reorganize the Department of Commerce, the Secretary shall
submit a plan for transferring such functions in accordance
with the standard reprogramming procedures in this Act, and
such reprogramming will not be subject to the limitations set
forth in the standard procedures.
Section 207 provides that any costs incurred by the
Department in response to funding reductions shall be absorbed
within the total budgetary resources available to the
Department and shall not be subject to the reprogramming
limitations in this Act.
Section 208, allows the Secretary to award contracts for
certain mapping and charting activities in accordance with the
Federal Property and Administrative Services Act.
Section 209 allows the Department of Commerce franchise
fund to retain a percentage of earnings from services provided
for capital investments.
TITLE III--THE JUDICIARY
The funds recommended by the Committee in Title III of the
accompanying bill are for the operation and maintenance of
United States Courts and include the salaries of judges,
magistrates and supporting personnel and other expenses of the
Federal Judiciary.
The appropriation request submitted for fiscal year 2001
for the Judiciary totals $4,421,987,000. Of this amount,
$288,979,000 is associated with the salaries and retirement
expenses of Supreme Court Justices, Article III Judges and
Bankruptcy Judges and payments to Judiciary retirement funds
and is considered mandatory for scorekeeping purposes. The
remainder of the request, $4,133,008,000, which is considered
discretionary for scorekeeping purposes, represents an increase
of $454,034,000 over the enacted amounts for fiscal year 2000.
The Judiciary submits its budget request based on total
obligations, including appropriated funds and funds available
from other sources, including fees and carryover. The large
increases requested in the Judiciary's budget result from
tighter budgets in the recent past, which have led to a decline
in available carryover. This means that additional
appropriations are required for the upcoming fiscal year just
to maintain the same level of resources as the Judiciary
received in this fiscal year. The amounts appropriated herein
should be supplemented with carryover balances to ensure the
provision of current services as well as a handful of new
initiatives and are not intended to provide for the complete
restoration of carryover balances. Assuming the decline in such
balances continues, the appropriation to the Judiciary may
continue to appear large in relation to the level provided in
the previous year.
The Committee recommendation provides $4,207,691,000, of
which $288,979,000 is for mandatory salary and retirement
expenses of the Justices and judges, the same as the request.
The recommendation includes $3,918,712,000 for the
discretionary programs of the Judiciary. This amount is
$214,296,000 below the request, and is $248,399,000 above the
amount provided for the current fiscal year. This increase is
provided to pay the estimated fiscal year 2001 costs of the
ongoing activities of the federal courts, to allow for some
increases in staff, and to accommodate a small increase in
panel attorney rates of pay.
Optimal Utilization of Judicial Resources.--In response to
the requests of the Committee in previous years, the Judicial
Conference has submitted reports to the Congress on the optimal
utilization of judicial resources. The requests arose out of
concerns about the ability of the Congress to sustain the
appropriations levels for the Judicial Branch in the context of
the desire of the American public to balance the budget and
reduce the deficit. The Committee believes that a number of
useful recommendations have resulted from this process and that
an annual report on efficiency improvements remains useful, and
looks forward to a review of new avenues the Committee may
explore to ensure the optimal utilization of resources.
Supreme Court of the United States
The Committee recommends a total of $44,312,000 for the
Supreme Court of the United States for fiscal year 2001,
$818,000 above fiscal year 2000, and $963,000 below the
request. The total amount is provided in two separate
appropriations accounts, as follows:
SALARIES AND EXPENSES
The Committee recommends an appropriation of $36,782,000
for fiscal year 2001 for the salaries and expenses of the
Justices and their supporting personnel, and the cost of
operating the Supreme Court, excluding the care of the building
and grounds. The recommendation is $1,209,000 more than the
current year appropriation, and is $963,000 below the Court's
full request. It provides the amount required to maintain the
current level of activities, and $108,000 for additional
personnel as requested by the Court.
Law Clerk Selection.--In hearings before the Committee, a
concern was raised about the number of minority and women law
clerks at the Supreme Court. The Justices who testified at the
hearing responded by stating that there is a ``heightened
awareness'' about this issue. The Justices have had a number of
discussions with circuit court judges and law professors in an
attempt to expand the pool of applicants from which clerks are
chosen. The Court has been responsive to the Committee in
providing information regarding its hiring practices. The
Committee appreciates the efforts of the Court and looks
forward to continuing progress in this matter.
CARE OF THE BUILDING AND GROUNDS
The Committee recommends an appropriation of $7,530,000 for
fiscal year 2001 for personnel and other services relating to
the Supreme Court building and grounds, which is supervised by
the Architect of the Capitol. The recommendation is the full
amount requested and is $472,000 below the current year
appropriation.
Language in the bill allows $4,460,000 of the appropriation
to remain available until expended, the amount requested in the
budget, compared to $5,101,000 in the fiscal year 2000 bill.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The Committee recommends an appropriation of $17,846,000
for fiscal year 2001 for the salaries and expenses of the
United States Court of Appeals for the Federal Circuit. The
Committee recommendation is $1,049,000 above the current year
appropriation, and is $1,687,000 less than the request.
The Committee recommendation maintains funding at a current
services level of operation. No funding is provided for
additional staff.
United States Court of International Trade
SALARIES AND EXPENSES
The Committee recommends an appropriation of $12,299,000
for fiscal year 2001 for the salaries and expenses of the
United States Court of International Trade, which is $207,000
below the amount requested and $342,000 above the fiscal year
2000 enacted appropriation. The Committee recommendation
maintains funding at a current services level of operation.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The Committee recommends total funding of $3,560,291,000
for this account for fiscal year 2001, made up of
$3,328,778,000 in appropriated funds and $231,513,000 from
other sources. This account provides for the salaries of
judges, magistrates, and all other officers and employees of
the federal Judiciary not otherwise provided for, and for all
necessary expenses, including rental charges for space and
facilities.
The Judiciary submits its budget request based on total
obligations, including appropriated funds and funds available
from other sources, including current year fee collections and
unobligated balances carried over from the previous year. The
Judiciary's revised budget request assumes a total funding
requirement for fiscal year 2001 of $3,679,477,000, of which
$231,513,000 is derived from other sources of funding and
$3,447,964,000 is derived from appropriations in this account.
The Judiciary reduced its fiscal year 2001 appropriation
estimate by $53,332,000 below the original request primarily
because of higher than anticipated carryover from fiscal year
2000.
The Committee recommends appropriations of $3,328,778,000,
which is $214,101,000 above the fiscal year 2000 enacted
appropriation, and is intended to allow the Judiciary to
continue operating at their current level of operations. In
addition, the Committee intends that funds provided in excess
of amounts necessary to maintain current services will be used
to address some of the staffing shortfall resulting from
increased judicial needs along the Southwest Border.
In the language in the bill, $17,817,000 is permitted to
remain available until expended for space alteration projects,
as requested, which is $1,333,000 below the $19,150,000
included in the fiscal year 2000 bill.
Southwest Border.--The Committee is aware of the growth in
workload facing federal courts nationally and especially along
the Southwest Border. Over the last six years, criminal cases
in the Southwest have grown by 125 percent, while Probation
Officers and other court staff have grown by only 30 percent.
The increase in appropriations recommended by the Committee for
this account, along with other known sources of funds, will
allow the Judiciary to maintain existing staffing levels and
fully funds uncontrollable cost increases for pay, rent and
other operating expenses. However, the funds made available may
fall short of the amounts needed to address the growing
workload. Historically, the Judiciary has been able, as the
fiscal year progresses, to identify additional prior year
unobligated balances to supplement appropriated funds. Should
amounts available for obligation exceed amounts necessary to
maintain current services or should prior year unobligated
balances be forthcoming, the Committee expects the Judiciary to
direct them to address staffing needs in courts which are
experiencing significant workload increases, especially as a
result of the demands along the Southwest Border.
VACCINE INJURY COMPENSATION TRUST FUND
The Committee recommends a reimbursement of $2,600,000 for
fiscal year 2001 from the Special Fund to cover expenses of the
Claims Court associated with processing cases under the
National Childhood Vaccine Injury Act of 1986. This is $85,000
above the amount provided in the current fiscal year.
DEFENDER SERVICES
The Committee recommends total funding of $428,417,000 for
this account for fiscal year 2001, made up of $420,338,000 in
appropriated funds and $8,079,000 in prior year unobligated
balances. The recommendation represents an increase of
$35,243,000 above the current year appropriation. This account
provides funding for the operation of the Federal Public
Defender and Community Defender organizations and for
compensation and reimbursement of expenses of panel attorneys
appointed pursuant to the Criminal Justice Act (CJA), as
amended, for representation in criminal cases.
This recommendation is based on the latest estimated base
requirements provided by the Administrative Office of the
Courts, which allows for the anticipated growth in CJA
representations and costs, as well as a $5.00 hourly rate
increase for CJA private panel attorneys. In addition, while
the recommendation does not include $600,000 in requested
program increases to open two new federal defender
organizations, the Committee will entertain a reprogramming for
this purpose should a source of funds be identified at a later
date.
Panel Attorney Rate Increase.--The Judiciary's budget
request included $11,336,000 for the fiscal year 2001 cost of a
rate increase from the present rate in most jurisdictions of
$70 in-court and $50 out-of-court to $75 an hour for all time.
The Committee is generally supportive of an increase, and
proposes an increase to $75/$55 at this time.
Capital Habeas Corpus Costs.--Over the past several years
the Committee has expressed concern about the high cost of
capital habeas corpus representations in the Ninth Circuit, and
in particular in California Districts, compared to the rest of
the nation. The Committee recently received a report from the
Judiciary that the Ninth Circuit has undertaken a series of
measures designed to reduce costs and that those measures
appear to be working, as evidenced by the 40 percent reduction
in the average annual cost per petitioner in the Ninth Circuit.
The Committee commends the Ninth Circuit for its outstanding
effort to date to reduce costs, but must point out that the
average cost in California is still almost twice that of the
national average. Accordingly, the Committee urges the Ninth
Circuit to continue its cost cutting efforts and to include
results in the Optimal Utilization of Judicial Resources
Report.
FEES OF JURORS AND COMMISSIONERS
The Committee recommends total funding of $64,192,000 for
this account for fiscal year 2001, made up of $60,821,000 in
appropriated funds and $3,371,000 from other sources of funds.
This amount is $97,000 below the current year appropriation and
is equal to the request. The reduction in the request is
associated with a projected decrease in the number of juror
days and an increase in amounts of carryover projected to be
available in fiscal year 2001.
COURT SECURITY
The Committee recommends an appropriation of $198,265,000
for Court Security for fiscal year 2001 to provide for
necessary expenses of security and protective services for the
United States Courts in courtrooms and adjacent areas. This is
$5,237,000 more than was appropriated in fiscal year 2000 and
provides full base adjustments but no program enhancements.
Language in the bill clarifies the responsibilities of the
U.S. Marshals Service to provide protective guard services in
courtrooms and adjacent areas. Language also allows up to
$10,000,000 in court security funding to remain available until
expended.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The Committee recommends an appropriation of $58,340,000
for the salaries and expenses of the Administrative Office of
the United States Courts for fiscal year 2001, which is
$3,340,000 above amounts provided in fiscal year 2000 and
$2,875,000 below the request. The Committee recommendation
maintains funding at a current services level of operation.
The Administrative Office (AO) provides administrative and
management support to the United States Courts, including the
probation and bankruptcy systems. It also supports the Judicial
Conference of the United States in determining judiciary
policies; developing methods to allow the courts to conduct
business efficiently and economically; and enhancing automation
and technology in the courts.
The AO has requested additional funds in order to provide
the resources needed for an ever-growing population of judges
and court personnel. In addition these resources may be needed
if the AO is to implement the numerous automation and
technology projects being developed for the courts.
Historically, the Judiciary has been able, as the fiscal year
progresses, to identify additional prior year unobligated
balances to supplement appropriated funds. Should such other
sources of funds be forthcoming, the Committee would consider a
request from the Administrative Office to use such funds for
those purposes.
Language is included in the bill permitting not to exceed a
total of $8,500 for official reception and representation
expenses.
Federal Judicial Center
SALARIES AND EXPENSES
The Committee recommends an appropriation of $18,777,000
for the salaries and expenses of the Federal Judicial Center
for fiscal year 2001, which is $560,000 below the request. The
Committee recommendation maintains funding at a current
services level of operation.
The Federal Judicial Center improves the management of
federal judicial dockets and court administration through
education for judges and staff and research, evaluation, and
planning assistance for the courts and the Judicial Conference.
Distance Learning.--The Committee is interested in the
impact of technology in our courts and has requested a new
report from the Federal Judicial Center, to be written in
conjunction with the Administrative Office of the U.S. Courts.
Of particular interest is the progress being made by the Center
to increase the use of distance learning for its education
programs. Distance learning provides a cost-effective
alternative for many court education and training programs that
reduces travel costs and time spent away from judicial duties.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
The Committee recommends $35,700,000 for payments to the
Judicial Officers' Retirement Fund and the Claims Court Judges
Retirement Fund for fiscal year 2001. This amount is the same
as the budget request, and $4,000,000 below the current year.
These payments are considered mandatory for budget scorekeeping
purposes. The increase is based on the latest estimate of the
requirements for the Funds.
These Funds cover the estimated annuity payments to be made
to retired bankruptcy judges and magistrate judges, Claims
Court judges and spouses and dependent children of deceased
judicial officers.
United States Sentencing Commission
salaries and expenses
The Committee recommends $9,615,000 for the salaries and
expenses of the United States Sentencing Commission for fiscal
year 2001, which is $1,115,000 above the current year's
appropriation and $985,000 below the Commission's full request.
The purpose of the Commission is to establish, review and
revise sentencing guidelines, policies and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress.
The Committee recommendation will allow the Commission to
begin to bring the staff back up to fiscal year 1998 levels.
With the additional funds recommended for fiscal year 2001, the
Committee's intent is to assist the Commission in its effort to
address: (1) the backlog in workload that occurred due to the
vacancies in Commissioners in fiscal year 1999 and part of
fiscal year 2000; and (2) a large number of conflicts among the
circuit courts.
General Provisions--The Judiciary
The Committee has included the following general provisions
in the bill for the Judiciary:
Section 301 provides language, included in previous
Appropriations Acts, to permit funds in the bill for salaries
and expenses for the Judiciary to be available for employment
of experts and consultant services as authorized by 5 U.S.C.
3109.
Section 302 provides language, included in previous
Appropriations Acts, which permits up to five percent of any
appropriation made available for fiscal year 2001 to be
transferred between Judiciary appropriations accounts with the
proviso that no appropriation shall be decreased by more than 5
percent or increased by more than 10 percent by any such
transfer except in certain circumstances. In addition, the
language provides that any such transfer shall be treated as a
reprogramming of funds under section 605 of the accompanying
bill and shall not be available for obligation or expenditure
except in compliance with the procedure set forth in that
section.
Section 303 provides language included in previous
Appropriations Acts permitting not to exceed $11,000 for
official reception and representation expenses incurred by the
Judicial Conference of the United States.
Section 304 provides language requested by the Judicial
Conference to authorize the Judiciary to appoint statutory
certifying officers who will be responsible for verifying
receipt of goods and services and ensuring the availability of
funds to pay for those goods and services. These officers will
also be liable for the propriety of payments that they certify.
The authorities granted by this section are identical to the
certifying officer authority currently available to Executive
Branch agencies.
The committee has deferred without prejudice the request
for language to provide a salary adjustment for Justices and
judges in fiscal year 2001.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
In total, the recommendation in this Title for the
Department of State and the Broadcasting Board of Governors
includes $6,558,149,000, which is $405,383,000 below the budget
request, and $256,031,000 above the amount provided in fiscal
year 2000. Of the total amount provided, $6,426,925,000 is
derived from general purpose discretionary funds and
$131,224,000 is scored as mandatory spending. The major area of
increase for fiscal year 2001 is in funding provided for
worldwide security upgrades. The recommendation includes the
full requested funding, $1,058,000,000, to continue the
activities funded in fiscal years 1999 and 2000, including the
design and construction of replacement facilities for the most
vulnerable overseas posts. The recommendation does not include
advance appropriations of $3,350,000,000 requested by the
Department.
The major area of reduction from the budget request relates
to funding for international organizations. The recommendation
includes $306,121,000 less than the amounts requested for
contributions to international organizations, and contributions
for international peacekeeping activities. These reductions are
further explained under those headings. Leaving aside the
funding provided for worldwide security upgrades, the funding
under this Title is $237,035,000 below the fiscal year 2000
level.
DEPARTMENT OF STATE
The Committee recommends a total of $6,120,014,000 for
fiscal year 2001 for the Department of State. This amount is
$395,246,0000 less than the budget request for fiscal year
2001, and $239,670,000 more than the amounts appropriated for
fiscal year 2000. Of the total amount provided, $5,988,790,000
is derived from general purpose discretionary funds and
$131,224,000 is scored as mandatory spending.
The Committee recommendation for discretionary
appropriations includes a total of $4,523,642,000 for the
discretionary appropriation accounts under Administration of
Foreign Affairs; $1,378,605,000 for the appropriation accounts
under International Organizations and Conferences; $46,580,000
for International Commissions; and $39,963,000 for Other
activities. The Committee's recommended priorities for the
Department of State are delineated in the following paragraphs.
Administration of Foreign Affairs
diplomatic and consular programs
The Committee recommends $3,099,825,000 for the Diplomatic
and Consular Programs account, including $410,000,000 set aside
to continue funding for worldwide security upgrades and
$246,644,000 for public diplomacy international information
programs.
This appropriation provides for the formulation and
execution of United States foreign policy, including the
conduct of diplomatic and consular relations with foreign
countries, diplomatic relations with international
organizations and related activities. The account includes
funding for all of the program and operations bureaus and
offices of the Department of State and the Foreign Service.
The recommendation represents a reduction of $4,500,000
from the budget request for the functions funded in this
account and an increase of $276,000,000 above the fiscal year
2000 appropriation. The recommendation of $410,000,000 for
worldwide security upgrades is $156,000,000 above the fiscal
year 2000 level and the same amount as requested. Exclusive of
security programs, the recommendation represents an increase of
$120,000,000 above fiscal year 2000, which is sufficient to
allow the Department to continue operations at current levels,
and without having to close facilities or reduce staffing.
Changes from the Budget Request.--The Committee
recommendation does not include requested increases for non-
security program expansions in this account. As in past years,
the Committee expects that there will be additional savings
available to the Department including exchange rate gains and
vacancies in funded positions. The Department will have the
ability to propose that savings be used for needs not funded by
the recommendation through the normal reprogramming process.
Reform and Restructuring.--The Committee continues to
support the combination of similar activities and the
achievement of all possible efficiencies in the management of a
consolidated State Department. In the report accompanying the
fiscal year 2000 Appropriations Act, the Committee expressed
disappointment that the Department's reorganization plan to
integrate the U.S. Information Agency and the Arms Control and
Disarmament Agency did not include streamlining measures, as
called for in Section 1601(a)(5) of the Foreign Affairs Reform
and Restructuring Act. The Department did not take advantage of
this unprecedented opportunity to initiate a top-to-bottom
restructuring, and to propose the necessary steps to improve
the operations and management of the Department. The Committee
remains convinced that the Department's bureaucratic structure
and inadequate attention to management issues hamper its
effectiveness and efficiency. For this reason the Committee
recommendation includes two general provisions under this title
to address organizational concerns: one to designate a specific
number of Deputy Assistant Secretaries of State; and one to
create the position of Deputy Secretary of State for Management
and Resources. The Committee directs the Department to submit a
corresponding reorganization plan by December 31, 2000, under
the regular reprogramming process.
Public Diplomacy.--The recommendation includes language,
similar to language included in the fiscal year 2000 bill,
specifying that $246,644,000 is available only for Public
Diplomacy programs. The integration of USIA in fiscal year 2000
resulted in public diplomacy resources being spread across
several different bureaus. The Committee believes that
separately identifying these resources will facilitate the
Committee's ability to monitor funding levels and trends for
these activities. The amount identified for public diplomacy
programs includes the costs of personnel and programs
throughout the Department, and is the same as the amount
requested for these activities.
Worldwide Security Upgrades.--The Committee recommendation
includes $410,000,000, the full amount requested under
Diplomatic and Consular Programs, for the costs of worldwide
security upgrades. This funding includes $328,000,000 to
provide full year costs of maintaining base security activities
at current levels. These activities include guard services,
physical security equipment, armored vehicles, personnel,
training and wireless communications. In addition, the
recommendation includes $66,000,000 for a perimeter security
initiative. This initiative will enable the Department to
complete perimeter security upgrades at 62 posts in fiscal year
2001. The recommendation also includes $16,000,000 to support
additional staffing in the Bureau of Diplomatic Security,
including 85 special agents, 40 security engineers and
technicians, and 37 support staff. Since the embassy bombings
in Nairobi and Dar es Salaam, the Bureau of Diplomatic Security
has been operating at a heightened state of alert, and the
Committee has provided over $3,000,000,000 to the Department to
carry out critical security programs. This staffing increase
will ensure that sufficient resources are allocated to address
the new threat level overseas, to improve the management of
overseas security improvement programs, and also to maintain
domestic protective and other responsibilities. The Department
shall submit a detailed spending plan by December 31, 2000, for
the entire amount provided for worldwide security upgrades.
Carrying out the recommendations of the Overseas Presence
Advisory Panel (OPAP).--The Committee notes that the Department
has begun efforts to implement the recommendations of the
Overseas Presence Advisory Panel (OPAP), issued in November,
1999. Some of the recommendations are limited to changes within
the Department, but others call for interagency mechanisms to
better coordinate, rationalize and manage the overall
deployment of U.S. Government personnel overseas. The
Department shall submit an interim report, by November 30,
2000, detailing all actions taken to date in response to each
OPAP recommendation.
Right-Sizing: The Committee notes, with concern,
that the Department has been designated to lead the interagency
effort to determine the right size and sites for our overseas
presence. The Committee has directed the Department over the
last several years to take various measures to rationalize
staffing levels and to align staffing with foreign policy
objectives. Those efforts have borne few results, largely
because the Department does not have the authority to overrule
other agencies' decisions regarding overseas presence. The
Committee remains convinced that the proliferation of overseas
staff without regard to mission priorities, and the duplication
of effort overseas due to the absence of interagency
coordination remain significant problems. The Committee agrees
with the OPAP that right-sizing can result in significant
overall budget savings by reducing the size of overstaffed
posts. The Committee is aware of initial interagency visits to
five posts to undertake a detailed review of the U.S. presence
at those posts. The Committee looks forward to reviewing the
findings and recommendations resulting from those efforts, and
expects the report mentioned above to contain a blueprint for
how staffing will be reduced at overstaffed posts and how
staffing decisions and limitations will be enforced. The report
shall also contain a plan for carrying out the right-sizing
agenda to all other posts worldwide.
Managing Overseas Facilities: The Committee is
also concerned that the Department has dismissed, without
further review, the Panel's recommendation to create a new
Federally chartered government corporation to exercise
responsibility for building, renovating, maintaining, and
managing the Federal Government's civilian overseas facilities.
The Committee expects the Department to submit a separate
report on this recommendation, which is further described under
the Embassy Security, Construction, and Maintenance account.
Border Security Program.--The Department's budget
submission includes funding of $373,453,000 for the
Department's Border Security program, to be funded through
collection of Machine Readable Visa (MRV) fees. Based on
information from the Department, the Committee expects there to
be $97,300,000 in carryover funds from fiscal year 2000, and as
a result has capped expenditure of fees collected in fiscal
year 2001 at $342,667,000, with funds collected in excess of
that amount available for expenditure in fiscal year 2002. This
is consistent with the way offsetting fee collections are
treated throughout the bill, and assures that the Congress has
the ability to monitor how these funds are being expended.
Security.--The Committee chastises the Department for its
mismanagement of security responsibilities, which have resulted
in several damaging and embarrassing episodes over the past two
years. The Committee expects the Department to propose
organizational and procedural reforms, as necessary, to
immediately correct these grievous deficiencies.
Minority Recruitment and Hiring.--The Committee notes that
the Department has identified $2,000,000 in fiscal year 2000 to
improve efforts to recruit members of minority groups for
careers in the Foreign Service and international affairs. The
recommendation includes resources to continue this effort, and
the Committee expects the efforts in this regard to reflect
input provided to the Department by interested Members of
Congress. The Committee directs the Department to submit a plan
of action on minority recruitment and hiring within 60 days
after the enactment of this Act, and a progress report no later
than six months after the enactment of this Act. In addition,
the Committee encourages the Department to initiate a model
program to facilitate the entry of non-traditional and minority
students into foreign policy and national security careers by
establishing training and education partnerships with
interested institutions.
Other issues.--The Committee again commends the
Consolidated Overseas Schools Assistance Program for its
continuing effectiveness in improving the quality of education
for dependent children of American families living abroad. The
Consolidated Overseas Schools Assistance Program fulfills the
dual purpose of providing a quality, American-style education
for children of Americans assigned overseas and demonstrating
American educational philosophy and practice to children of
other countries and local educators. The Committee also
commends the continuing contribution of the Overseas Schools
Advisory Council and its Program of Educational Assistance that
helps to provide educational excellence to American-sponsored
overseas schools. In addition, the Council successfully
promotes financial and in-kind support to the schools from
American businesses and foundations, as well as volunteer
participation in activities of the schools by U.S. firms'
employees and their spouses stationed overseas.
In addition, the Committee expects the Department to work
with the Department of Justice to bolster efforts to negotiate
effective extradition treaties.
The Committee is aware of reports that American companies
with facilities in Peru have experienced unfair treatment by
the government of Peru. The Committee urges the State
Department to continue its close monitoring of the actions of
the Peruvian government, and to take the appropriate steps
necessary to ensure that U.S. companies are treated fairly by
all governmental agencies within Peru.
The Committee has included language in the bill which: (1)
permits not to exceed $4,000,000 to be transferred to the
Emergencies in the Diplomatic and Consular Service account for
emergency evacuations and terrorism rewards; (2) provides
$1,252,000 in fees collected from other Executive Branch
agencies and $490,000 from reserves for lease or use of
facilities at the International Center Complex, as authorized
by law; (3) provides not to exceed $15,000 from reimbursements,
surcharges, and fees for use of Blair House facilities in
accordance with the State Department Basic Authorities Act of
1956; (4) allows advances for certain services to be credited
to this account and remain available until expended; and (5)
makes not to exceed $6,000,000 in fee collections available
until expended for various activities. The recommendation does
not include requested language to permanently authorize the
collection of MRV fees, or language allowing transfers from
this account for the Presidential Advisory Commission on
Holocaust Assets in the United States.
capital investment fund
The Committee recommends $79,670,000 for the Capital
Investment Fund, the same level as available in fiscal year
2000 and $17,330,000 below the request. In addition, the budget
request estimates that an additional $63,000,000 in expedited
passport fees will be used to support the computer
modernization effort, for a total fiscal year 2001 spending
availability of $142,670,000.
Within the amount available, the Department shall allocate
$17,000,000 to establish a common technology platform at
selected overseas posts pursuant to the recommendations of the
Overseas Presence Advisory Panel. The Committee expects the
Department to submit a plan for the expenditure of resources
for this initiative by December 31, 2000, in accordance with
section 605 of this Act. This plan should include a multi-year
budget and schedule to achieve a common technology platform at
every overseas post, including proposals to equitably share the
costs of this interagency effort. With the Year 2000
modernization effort complete, and the cost of that effort non-
recurred, the Committee expects the establishment of a common
overseas technology platform to be the Department's highest
priority technology objective.
This account supports the Department's effort to modernize
its information technology infrastructure. The amount provided
under this heading, when combined with expedited passport fees,
the portion of Machine Readable Visa fees used for consular
affairs technology improvements, and amounts for information
resource management in other Administration of Foreign Affairs
accounts, results in a Department-wide information resource
budget of $491,911,000. This represents approximately 14
percent of the Department's total operating budget--a larger
percentage than is allocated to the Diplomatic Relations,
Public Diplomacy, or Consular Relations functions.
The Committee is concerned that this enormous investment in
technology infrastructure is not clearly linked to quantifiable
achievements and efficiencies, either overseas or domestically.
The Committee directs the Department to submit, by December 31,
2000, a detailed list of modernization projects undertaken
since the inception of the modernization program, and the
specific efficiencies and savings that have resulted, or will
result, from each.
OFFICE OF INSPECTOR GENERAL
The Committee recommends $28,490,000 for the Office of
Inspector General (OIG), which is $1,108,000 above the current
year level, and $1,012,000 below the budget request. The
Inspector General conducts oversight at the State Department
and the Broadcasting Board of Governors. The Committee
recommendation includes funding for OIG oversight of the
Department's efforts to implement worldwide security upgrades.
The Committee recommends that the Inspector General
exercise appropriate oversight over the programs for
International Commissions and International Broadcasting funded
under this title.
The bill includes language, as in previous years, waiving
the statutory requirement that every post be inspected every
five years, in order to provide greater flexibility to the
Inspector General to utilize resources in the most productive
areas.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The bill includes a total of $213,771,000 for the
Educational and Cultural Exchange Programs of the Department of
State. This amount is $8,771,000 above the fiscal year 2000
level, and $11,229,000 below the budget request. The
recommended amount provides the amount requested for
adjustments to base in this account. In addition to the amount
provided under this heading, the Department expects to receive
transfers from appropriations for Freedom Support Act exchange
programs with nations of the former Soviet Union. In fiscal
year 2000, the Department received transfers of approximately
$93,000,000 in this account for such programs.
Funding provided under this heading supports international
educational and cultural exchange programs including the
Fulbright student and scholar exchanges and the International
Visitors Program, as well as staff costs to implement these and
other exchange programs. To the maximum extent possible, the
Committee urges that the following exchange programs be
supported: the Congress-Bundestag Youth Exchange Program, the
Disability Exchange Clearinghouse, Educational Advising and
Counseling, Citizen Exchange programs (including continued
funding for traditional public/private partnership grants),
interparliamentary exchanges with China and Korea, the Youth
Science Leadership Institute of the Americas, Muskie
Fellowships, the Regional Scholar Exchange Program, and student
exchanges with Tibet, the South Pacific and East Timor. With
respect to the Congress-Bundestag Program, the Committee
intends that the amount provided will support 380 exchanges in
fiscal year 2001, the same level as in fiscal year 2000. With
respect to exchanges with the newly independent states of the
former Soviet Union (NIS), the Committee expects that funding
provided under this heading shall be allocated in recognition
of the amounts available for similar programs via transfer from
other appropriations.
The Committee notes that funding provided under this
account supports the Working Group on United States Government
Sponsored International Exchanges and Training. This Working
Group is charged with identifying the most efficient and cost-
effective uses of Federal resources for international
exchanges. The Committee encourages the Working Group and the
Department to ensure interagency cooperation and efficiency,
and to identify unnecessary duplication in carrying out all
exchange programs, particularly those with the independent
states of the former Soviet Union.
The Committee recommendation includes a limitation of not
to exceed $800,000 on the use of fees or other payments
received from or in connection with English teaching and
publication, and student advising and counseling programs as
authorized by law.
The Committee supports educational advising and counseling
programs that enable foreign students to make informed choices
about attendance at American colleges and universities. The
Committee urges the Department to fund these programs to the
maximum extent possible, while continuing to encourage cost
sharing by non-profit organizations.
The Committee supports efforts to open up the
administration of exchange programs for competition. These
steps allow more organizations to compete, including those
having expertise in specific regions of the world. The
Committee encourages the Department of State to continue such
efforts to expand competition in all exchange programs.
The Committee expects that a proposal for the distribution
of available resources among exchange programs will be
submitted through the normal reprogramming process and within
60 days from the date of enactment of this Act.
The Committee notes that exchange programs owe their
success in great measure to the partnerships that exist between
the Federal government and private, nonprofit U.S.
organizations, as such programs are carried out through grants
and cooperative agreements. The Committee urges the Department
to renew and sustain the existing partnerships with U.S.
exchange organizations, and to fully utilize the expertise and
experience of such organizations.
REPRESENTATION ALLOWANCES
The Committee recommends $5,826,000 for representation
allowances authorized by section 905 of the Foreign Service Act
of 1980. This is the same as the amount available in the
current fiscal year, and $147,000 below the budget request.
These funds are used to reimburse Foreign Service Officers for
expenditures incurred in their official capacities abroad in
establishing and maintaining relations with officials of
foreign governments and appropriate members of local
communities.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The Committee recommends a total of $8,067,000 for the
Protection of Foreign Missions and Officials account. This is
the same as the amount available in fiscal year 2000, and
$2,423,000 below the budget request.
This account reimburses local governments and communities
for the extraordinary costs incurred in providing protection
for international organizations, foreign missions and
officials, and foreign dignitaries under certain circumstances.
The Committee believes that local jurisdictions incurring such
costs must submit a certified billing for such costs in
accordance with program regulations. The Committee also
believes that in those instances where a local jurisdiction
will realize a financial benefit from a visit by a foreign
dignitary through increased tax revenues, such circumstances
should be taken into account by the Department in assessing the
need for reimbursement under this program. The Committee
expects the Department to treat such submissions diligently and
provide reimbursement to local jurisdictions on a timely basis
if claims are fully justified.
Of the total amount recommended, $1,300,000 is available
for protection of foreign diplomats and their families
throughout the United States. The Foreign Missions Act of 1982
authorizes the provision of such services when necessary either
at the request of a foreign mission or on the initiative of the
Secretary of State. In these situations, where State and local
authorities cannot provide the security required, the Act
permits the Department of State to employ the services of
private security firms.
Of the total amount recommended, $6,767,000 is allocated to
reimburse New York City for the protection of foreign missions
and officials accredited to the United Nations and other
international organizations. These funds provide for the costs
of guard posts and security escort and motorcade services to
foreign missions and personnel assigned to the United Nations.
The bill includes language making these funds available
until September 30, 2002, as requested in the budget.
embassy security, construction, and maintenance
The Committee recommends a total appropriation of
$1,064,976,000 for Embassy Security, Construction, and
Maintenance. This is $325,618,000 above the amount available in
fiscal year 2000, and $14,202,000 below the budget request. The
recommendation designates $648,000,000 as available only for
priority worldwide security upgrades, acquisition, and
construction, the full amount requested for such activities.
The recommendation includes $416,976,000 for non-security
related costs, which is $8,765,000 below fiscal year 2000 and
$14,202,000 below the budget request. The recommendation does
not include $3,350,000,000 requested as an advance
appropriation for fiscal years 2002-2005.
This account provides funding to the Department to manage
U.S. Government real property worth more than $10,000,000,000
in over 200 countries, including maintaining 3,000 Government-
owned and long-term leased properties at 250 posts, and leasing
approximately 1,100 office and functional facilities and 8,000
residential units, not only for the Department of State, but
for all U.S. employees overseas. The Department's latest
inspection and survey identified in excess of 4,200 maintenance
and repair needs, as well as major rehabilitation requirements.
Worldwide Security Upgrades.--The Committee recommendation
includes $648,000,000 for security projects, the full amount
requested, including $500,000,000 for the security capital
program. The recommended amount for the security capital
program will support the costs of completing at least seven
embassy or consulate facilities for which site acquisition and/
or design has been provided in previous fiscal years. In
addition, this amount will support planning activities and
acquisition of an estimated eight new sites. The Committee does
not approve the use of $50,000,000, as requested, to construct
new facilities for the U.S. Agency for International
Development in Kampala, Uganda, and Nairobi, Kenya.
Appropriations requirements of the U.S. Agency for
International Development fall under the jurisdiction of the
Foreign Operations, Export Financing and Related Programs
Subcommittee. Therefore, the Committee directs the Department
to use this $50,000,000 for additional costs of relocating
embassy and consulate facilities at high-risk overseas posts,
subject to the Committee's approval of a spending plan through
the normal reprogramming process. The Committee expects that a
proposed spending plan for the entire amount of available
resources provided for worldwide security upgrades will be
submitted through the normal reprogramming process within 60
days from the date of enactment of this Act. The Committee
expects the Department to notify it immediately if there are
any facilities that the Department believes face serious
security risks.
Capital Program.--The Committee recommendation does not
include any funding for the non-security capital program, as
none was requested. Funds were provided in fiscal year 2000 for
costs of acquiring a consulate site and housing in China.
Physical Security Upgrades.--The Committee recommends
$16,700,000 for physical security upgrades, the amount of the
budget request. This amount includes $10,900,000 for the
Department's share of a joint program to acquire living
quarters to enable the deployment of Marine Security Guards to
selected posts that currently lack such support.
Post Communication Support.--The Committee recommendation
of $5,977,000 for post communication support provides the level
appropriated in fiscal year 2000.
Administration.--The Committee recommendation of
$20,334,000 for Administration of this account provides the
fiscal year 2000 level, instead of $20,412,000 as requested.
Responding to the Recommendations of the Overseas Presence
Advisory Panel.--The Committee directs the Department to
vigorously pursue the recommendations of the Overseas Presence
Advisory Panel that pertain to the security of facilities,
management of overseas property, and the size and location of
overseas posts.
All diplomatic facility construction and major
renovation/rehabilitation projects funded under this account,
including from assets management funds, shall result in
facilities that fully comply with the Department's security
standards.
The Committee directs the Department to submit, by
December 31, 2000, a plan to implement the Panel's
recommendation to establish a new federally chartered
government corporation to exercise responsibility for building,
renovating, maintaining, and managing the Federal Government's
civilian overseas facilities. Such a plan shall retain the
approval and oversight roles and responsibilities of the
Secretary of State and the Congress.
The Committee expects the Department to continue
to pursue an Administration-wide process of determining the
right size and makeup of overseas posts. The Committee expects
that this process will include down-sizing and regionalization
of overseas staffing pursuant to efficiency and security
improvements. The justification for all facilities projects
funded under this account must include a full explanation of
regional efficiency and security planning, and related staffing
assumptions.
Assets Management.--The budget request designates
$67,000,000 in assets management funds planned for expenditure
in fiscal year 2001. The Committee expects that these funds
will be used for opportunity purchases to replace uneconomical
leases, and for continued costs of developing the new embassy
compound in Seoul, South Korea. In addition, as in previous
years, the Committee expects that assets management funds will
continue to be allocated in part to security construction
needs. Any use of these or additional assets management funds
in fiscal year 2001 is subject to reprogramming. In addition,
with respect to the requirement that a reprogramming for any
major new start be submitted, the Committee understands that
requirement to mean that rehabilitation or construction of
projects involving ambassador's residences will be subject to
the requirement.
The recommendation includes language, as requested,
clarifying that amounts available for representation may be
used both domestically and overseas, and language carried in
the bill in previous years which prohibits funds from being
used for acquisition of furniture and furnishings and
generators for other departments and agencies.
emergencies in the diplomatic and consular service
The Committee recommends $5,477,000 to enable the Secretary
of State to meet unforeseen emergencies arising in the
Diplomatic and Consular Service. This amount is the same as is
available in fiscal year 2000 and $5,523,000 below the budget
request. The Committee does not provide the requested increase
for evacuations and other activities, and notes that the
Department had $7,500,000 in carryover funding available in
fiscal year 2000 and projects a similar carryover amount into
fiscal year 2001. Funding provided in this account is available
until expended.
The Committee has included a provision in the bill that
permits up to $1,000,000 to be transferred from this account to
the Repatriation Loans Program account, as requested in the
budget. This provision will ensure an adequate level of
resources for loans to American citizens through the
Repatriation Loans Program account should that account require
additional funds in fiscal year 2001 due to an unanticipated
increase in the number of loans needed.
The appropriation provides resources for the Department of
State to meet emergency requirements in the conduct of foreign
affairs. The Committee recommendation provides funds for: (1)
travel and subsistence expenses for relocation of American
employees of the United States Government and their families
from troubled areas to the United States and/or safe-haven
posts; (2) allowances granted to State Department employees and
their dependents evacuated to the United States for the
convenience of the Government; and (3) payment of rewards for
information concerning terrorist activities.
repatriation loans program account
The Committee has included $591,000 for the subsidy cost of
repatriation loans, which is the same level as is available in
the current fiscal year and $2,000 below the budget request,
and $604,000 for administrative costs of the program as
authorized by 22 U.S.C. 2671, which is the same as in the
current fiscal year and $3,000 below the budget request.
This account provides emergency loans to assist destitute
Americans abroad who have no other source of funds to return to
the United States.
payment to the american institute in taiwan
The accompanying bill includes $16,345,000 for the
appropriation entitled ``Payment to the American Institute in
Taiwan''. This amount is the same as the budget request, and
$970,000 above the current year amount. The recommendation
provides for the Institute's pay and inflationary base
adjustments. In addition, the Institute is authorized to
collect Machine Readable Visa fees, which are expected to
generate an additional $12,000,000 in revenues in fiscal year
2001, as well as reimbursements from agencies and user fees
from trade show exhibitors.
The Committee expects that AIT will cover anticipated
operating expenses in fiscal year 2001 through a combination of
appropriations and visa fee revenues, and encourages the
Institute to continue to pursue cost saving measures, including
the reduction of American and foreign national personnel, where
appropriate. The Committee expects the Department to submit by
December 31, 2000, an AIT spending plan for fiscal year 2001,
indicating the total amount of estimated fee collections, the
amount of such fee collections allocated for operating
expenses, and the total amount planned for operating expenses
from all funding sources.
The Committee also notes that the building fund maintained
by the Institute totals approximately $30,000,000. The
Committee understands that AIT's previous estimates for the
cost of a new facility ($60,000,000 to $80,000,000) have been
revised, and the new estimates range between $80,000,000 and
$100,000,000. The Committee notes that, in addition to amounts
in the AIT building fund, the Committee designated $5,000,000
from fiscal year 2000 assets management funds toward the design
costs of a new facility.
The Taiwan Relations Act requires that programs concerning
Taiwan be carried out by the American Institute in Taiwan and
authorizes funds to be appropriated to the Secretary of State
to carry out the provisions of the Act. The Institute
administers programs in the areas of economic and commercial
services, cultural affairs, travel services, and logistics. The
Department of State contracts with the American Institute in
Taiwan to carry out these activities.
payment to the foreign service retirement and disability fund
The Committee recommends $131,224,000 for the appropriation
entitled ``Payment to the Foreign Service Retirement and
Disability Fund''. This amount is the full budget request and
is $2,683,000 above the amount appropriated for the current
fiscal year. The amount provided in the Committee
recommendation is required to amortize the unfunded liability
in the system, as documented by the annual evaluation of Fund
balances.
This appropriation, which is considered mandatory for
budget scorekeeping purposes, is authorized by the Foreign
Service Act of 1980, which provides for an appropriation to the
Fund in 30 equal annual installments of the amount required for
the unfunded liability created by new benefits, new groups of
beneficiaries or increased salaries on which benefits are
computed. The Retirement Fund is maintained through
contributions by participants; matching government
contributions; special government contributions, including this
account; interest on investments; and voluntary contributions.
International Organizations and Conferences
contributions to international organizations
The bill includes a total of $880,505,000 for payment of
the obligations of United States membership in international
organizations as authorized by conventions, treaties, or
specific Acts of Congress for fiscal year 2001. This is the
same amount available in the current fiscal year and
$65,555,000 below the request.
The amount provided in the bill is intended to cover the
requested level for all assessments for membership in
international organizations, including the United Nations. In
addition, the amount provides the requested levels for
assessments for membership in the North Atlantic Treaty
Organization and the related North Atlantic Assembly,
International War Crimes Tribunals for Rwanda and the former
Yugoslavia, the Organization of American States, and the Pan
American Health Organization, among others.
Over the past several months, estimates of the amount
required to cover fiscal year 2001 assessments have varied
based on the most recent foreign currency exchange rates for
the dollar, which has risen in value since the budget request
was formulated. The Committee recommendation is based on a
downward adjustment of the fiscal year 2001 request by
$23,508,000 based on exchange rate fluctuations, and also
reflects the application of an estimated $28,149,000 in
available balances from fiscal year 2000 that the Committee
directs the Department to apply to the fiscal year 2001
assessment for the United Nations regular budget.
The recommended level does not include the requested
amounts for the Bureau of International Expositions and the
Interparliamentary Union. The Committee has not approved the
payment of these assessments for several consecutive years, and
expects the Department to report to the Committee on actions
necessary, and actions taken, to formally withdraw from these
organizations. The recommendation does not include funding for
the Inter-American Indian Institute. The Committee understands
that the Department has already taken the necessary steps to
withdraw from the organization, and that withdrawal will be
official as of January 1, 2001. The recommendation does not
include funding for the International Union for the Protection
of New Varieties of Plants, a new assessment requested for the
first time under this account in fiscal year 2001. The
Committee does not support the proliferation of assessments for
new international organizations absent a comprehensive
reassessment of U.S. membership in each of the 50 international
organizations for which funding is requested under this
account. The recommendation does not include requested funding
for War Crimes Tribunals in Cambodia and Iraq, which do not yet
exist. Should these Tribunals be established in time to require
fiscal year 2001 funding, the Committee would support the
reprogramming of funds to cover required assessments. The
recommendation does not include funding for the International
Natural Rubber Organization. The Committee understands that
this organization will disband, following the premature
termination of the third International Natural Rubber Agreement
on October 15, 1999, rather than on February 5, 2001, as
projected in the budget request.
After accounting for all the above adjustments, the
recommended level is approximately $6,000,000 below the revised
request. The Committee notes that the Department will continue
to revise the fiscal year 2000 operating budget and the fiscal
year 2001 request over the next few months, and expects that
those changes will result in additional savings to allow the
Department to live within the recommended level and still pay,
in full, all approved assessments. In addition, the Committee
notes that the Department does not propose withholding funds
that may constitute an overpayment to the tax equalization fund
at the U.N. Should the payment to this fund, in fact, represent
an overpayment, an adjustment could further reduce the amount
needed to fully pay assessments in fiscal year 2001. Should
sufficient savings fail to develop, the Committee directs the
Department to defer the payment of calendar year 2001
assessments, in such amounts as necessary, until the enactment
of fiscal year 2002 appropriations.
The Committee continues to insist on reform as the highest
priority for all of the international organizations, including
the maintenance of zero nominal growth budgets, and the reform
of scales of assessment. The Committee believes that the onus
is on each international organization and the State Department
representatives to those organizations to reduce overall
budgets and eliminate duplicative activities, excessive
administrative costs and inefficient operations. The Department
is directed to report to the Committee by December 31, 2000, on
the results achieved to date in each organization, including
but not limited to the adoption of zero nominal growth budgets
and procedures requiring that a budget level agreed to at the
beginning of a cycle will be maintained, and establishment of
program evaluation and sunset procedures. The report shall also
identify any reforms undertaken by any international
organization that can be recommended generally for other
organizations.
Current year United Nations assessment.--As indicated, the
funding level assumes full payment of the U.S. assessment to
the United Nations regular budget, as has been provided every
year since fiscal year 1989. This assessment is estimated at
$299,608,000 for calendar year 2000. In order to assure that
the United Nations lives up to the fiscal discipline that the
Congress has insisted upon, the bill contains language, similar
to that carried in previous fiscal years, that conditions
release of $100,000,000 of the current year assessment for the
United Nations on a semi-annual certification by the Secretary
of State that the United Nations has taken no action to
increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United
Nations budget and cause the United Nations to exceed its 2000-
2001 budget of $2,535,700,000. The Committee notes that,
despite the Department's official statements of policy and
testimony before the Committee, the enacted United Nations
budget for the 2000-2001 biennium exceeds zero nominal growth
by $2,700,000. The Committee expects the Department to continue
its policy of insisting on the maintenance of zero nominal
growth budgets in the United Nations and other international
organizations.
The Committee continues to believe that additional reforms
are required at the United Nations and other international
organizations. The Committee directs the Department to insist
on maintaining any reforms that have been achieved to date and
to report to the Committee on any actions taken that threaten
the maintenance of such reforms, including the maintenance of
reduced staffing levels at the United Nations.
Other issues.--The Committee continues to support the work
done by the Pan American Health Organization (PAHO). The
Committee is concerned that a reallocation of regional funds by
the World Health Organization will impact programs supported by
PAHO in Latin America and the Caribbean. The Committee
encourages the Department to work to protect full funding for
PAHO programs.
In addition, the bill includes language carried in previous
years stating that any payment of arrearages under this Title
shall be directed toward special activities that are mutually
agreed upon by the U.S. and the respective international
organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Committee recommendation includes $498,100,000 for
United States payments for Contributions for International
Peacekeeping Activities for fiscal year 2001, the same amount
available in fiscal year 2000, and a reduction of $240,566,000
from the amount requested in the budget. Assessments will be
paid at the rate of 25 percent, which is one of the major
reforms that has been achieved in the peacekeeping area.
The Committee recommendation provides for the payment of
anticipated fiscal year 2001 assessments for United Nations
(U.N.) peacekeeping missions, with the exceptions noted below.
The Committee does not approve the amount requested for
UNMOT in Tajikistan. The UNMOT mission ended when the mandate
expired on May 15, 2000.
The Committee recommendation does not include the amounts
requested for certain peacekeeping missions where mandates will
expire, and where information on future plans has not been
provided or approved, including MINURSO in Western Sahara,
UNAMSIL in Sierra Leone, and MONUC in the Democratic Republic
of Congo. Any funding for these missions in fiscal year 2001
from within the overall amount available in this appropriation
account is subject to reprogramming.
The Committee is particularly concerned about the future of
the UNAMSIL mission in Sierra Leone. The Committee is alarmed
that the Administration may be willing to maintain, and even
expand, an open-ended UNAMSIL mission in Sierra Leone despite
the recent renewal of hostilities and the collapse of the peace
agreement upon which the mandate is based. The situation in
Sierra Leone appears to require the use of force, or a credible
threat of force, to restore and enforce peace. Experience has
shown that this is not a situation in which a U.N. peacekeeping
force can succeed. The Committee, therefore, does not support
expansion of the UNAMSIL mission or mandate, and the
recommendation for fiscal year 2001 does not include funding
for the continuation of the mission.
The recommendation does not include requested funding for
the MONUC mission. While the Committee recognizes the
differences between the situations in Congo and Sierra Leone,
and the differences between the MONUC and UNAMSIL mandates, the
recent events in Sierra Leone reconfirm that a U.N. mission
should never be deployed into an environment where there is no
reliable cease-fire, and where war fighting and peace
enforcement are likely to be required. Given the likelihood of
continued hostilities in the Congo, the inadequacy of the
proposed force to respond to such hostilities, and the limited
funding available under this account, the Committee
recommendation for fiscal year 2001 does not include funding
for the deployment of the Phase II force in the Congo.
The recommendation again does not include funding for the
MINURSO mission, based on the continuing lack of any
demonstrable progress despite an enormous investment of funds
over the past decade. The Committee notes that the
Administration recently voted once again to extend the mandate
for this moribund mission. The Committee expects the
Administration to support the termination of this mission upon
the expiration of the current mandate on July 31, 2000.
In addition, the recommendation does not include requested
funding for the Angola Monitoring mission. The Committee
understands that neither this mission nor the mission in Haiti
will be paid by peacekeeping assessments in fiscal year 2001.
To the extent that the activities of the Angola and Haiti
missions continue, but are instead paid for from the United
Nations regular budget, the Committee expects the Department to
confirm to the Committee that any resulting costs are offset by
reductions of a like amount from elsewhere in the United
Nations regular budget.
Any funding required for terminated missions in fiscal year
2001 is subject to reprogramming.
The Committee recommendation does not include funding
requested for a new mission for Ethiopia and Eritrea. The
request for funding anticipated that Ethiopia and Eritrea would
sign a peace agreement, which has not occurred.
Over the past several years, U.S. assessments have been
reduced on the order of $20,000,000 annually, resulting from
credits for unencumbered balances in existing missions, which
arise as particular operations spend less than their budgets,
and assessments are then credited with the unspent amount.
Consequently, the Committee assumes a similar amount will
become available in fiscal year 2001.
In fiscal year 1995, the annual cost of U.N. peacekeeping
to the United States amounted to approximately $1,100,000,000.
The reduced costs in the years since result in part from
increased discipline, and a narrowing of the scope of what
United Nations peacekeeping can realistically hope to achieve.
Therefore, the Administration's tendency to vote to extend
moribund missions, and to establish and expand missions
irrespective of Congressional input or the availability of
funding to pay for them, is a matter of gravest concern to the
Committee. The Committee notes that the annual cost of assessed
U.N. peacekeeping has more than doubled in just one year. The
Committee is also concerned that the establishment of several
large complex missions over the past year has overtaken the
capacity of the U.N. to plan and manage such operations. The
Committee understands that the recommended amount for fiscal
year 2001, which maintains the account at the current level
after this burst of uncontrolled growth, will necessitate
prioritization in the use of funds. In order to avoid a return
to the era of large assessments and arrearages, the Committee
directs the Department to live within the appropriation, and to
take no action to extend existing missions or create new
missions for which funding is not available.
The Committee supports the important work of the Department
to reform the U.N.'s peacekeeping scale of assessments. The
Committee agrees that concentration of financial responsibility
for U.N. peacekeeping in the hands of a small number of members
places the future viability of U.N. peacekeeping at risk. Under
the current scale of assessments, the top five contributing
countries pay more than 75 percent of the total expenses. The
Committee encourages the Department to continue to advocate for
comprehensive reforms to bring about a broader and more
equitable distribution of financial responsibility, and directs
the Department to submit a report by December 31, 2000,
detailing all such reforms achieved and any plans to pursue
additional reforms.
Finally, the Committee acknowledges the efforts of the
United Nations Office of Internal Oversight Services (OIOS) to
identify waste, fraud and abuse in regard to peacekeeping
operations, and to recommend specific reforms to ensure that
such practices are brought to an end. The Committee directs the
Department to provide the necessary support to ensure that the
work of the OIOS is maintained and strengthened as it relates
to oversight of peacekeeping operations.
The bill retains language carried in previous years
requiring 15-day advance notice of any new or expanded mission,
together with a statement of cost, duration, exit strategy,
vital national interest, and source of funds to pay the cost.
The bill also retains language requiring certification that
American manufacturers and suppliers are provided equal
procurement opportunities, and language prohibiting the use of
funds under this account for the costs of court monitoring. The
bill does not include language to make appropriations under
this account, or any portion thereof, available for two fiscal
years.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The bill includes a total of $25,385,000 for the
International Boundary and Water Commission, United States and
Mexico (IBWC). This amount is the same as the amount available
in fiscal year 2000, and $8,504,000 less than the total budget
request for fiscal year 2001. The total amount provided
includes $19,470,000 for Salaries and Expenses and $5,915,000
for construction. The recommendation does not include the
request to shift operations and maintenance costs from salaries
and expenses to construction, and to rename the construction
account accordingly.
SALARIES AND EXPENSES
The Committee recommendation for the Salaries and Expenses
account is $19,470,000, the same amount available in fiscal
year 2000 and $12,328,000 above the budget request. The
recommendation does not include the request to shift operations
and maintenance costs out of this account.
The amount provided includes funding for the operation and
maintenance costs of the South Bay International Wastewater
Treatment Plant, which has been in full operation since 1998.
The Committee is aware of continuing concerns about the
contamination of beaches in Southern California resulting from
sewage flows originating in the border region. The Committee
encourages the Commission to consider using funds provided
under this account to continue its monitoring efforts to better
identify and address the specific sources of this pollution. In
addition, the Committee is willing to consider a reprogramming
of funds for redirection of sewage flows to another treatment
plant, should such an emergency situation occur.
The recommendation includes language authorizing not to
exceed $6,000 for representation expenses.
CONSTRUCTION
The Committee recommendation for IBWC construction provides
$5,915,000, which is the same amount available in the current
fiscal year and $20,832,000 below the budget request. The
recommendation does not include the request to shift operations
and maintenance costs to this account, and rename the account
``Construction, Operations and Maintenance''.
The recommendation provides the requested level of funding
for ongoing projects as follows: facilities renovation--
$425,000; heavy equipment replacement--$1,000,000; land mobile
radio systems replacement--$500,000; hydrologic data collection
system rehabilitation--$500,000; Rio Grande construction--
$2,685,000; and Colorado River construction--$805,000. Any
reallocation of funding may be proposed to the Committee under
the reprogramming procedures set forth in section 605 of this
Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The Committee recommends a total of $5,710,000 to fund the
U.S. share of expenses of the International Boundary
Commission, the International Joint Commission, United States
and Canada, and the Border Environment Cooperation Commission
for fiscal year 2001. This amount is the same as is available
in fiscal year 2000 and $3,181,000 below the budget request,
and includes $758,000 for the International Boundary
Commission, $3,418,000 for the International Joint Commission
and $1,534,000 for the Border Environment Cooperation
Commission.
INTERNATIONAL FISHERIES COMMISSIONS
The Committee recommends a total of $15,485,000 to fund the
U.S. share of the expenses of twelve international fisheries
commissions or related organizations, as well as the travel
expenses of the United States commissioners. This is the same
amount as is available in fiscal year 2000 and $3,907,000 below
the budget request. The recommended funding level includes the
continuation of a $1,000,000 increase provided in fiscal year
2000 to address the sea lamprey problem in the Great Lakes. If
necessary, reductions may be taken from those commissions where
the United States overmatches its share of the budget compared
with contributions from other countries.
Other
PAYMENT TO THE ASIA FOUNDATION
The Committee recommends an appropriation of $8,216,000 for
payment to the Asia Foundation for fiscal year 2001, the same
amount available in fiscal year 2000, and $1,784,000 below the
budget request.
The Asia Foundation is a private, nonprofit institution the
purpose of which is to stimulate Asian democratic development
and assist the peoples of Asian countries to shape their own
destinies.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
The Committee recommends an appropriation for fiscal year
2001 of interest and earnings from the Eisenhower Exchange
Fellowship Program Trust Fund, expected to total $500,000.
The Eisenhower Exchange Fellowship Act of 1990 authorized a
permanent endowment for the Eisenhower Exchange Fellowship
Program to increase educational opportunities for young leaders
in preparation for and enhancement of their professional
careers and to advance peace through international
understanding. The Act established the Eisenhower Exchange
Fellowship Program Trust Fund in the United States Treasury for
these purposes. A total of $7,500,000 has been provided to
establish a permanent endowment for the program, from which the
appropriation of interest and earnings is provided to
Eisenhower Exchange Fellowships, Incorporated.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The Committee recommends language in the accompanying bill
that will appropriate for fiscal year 2001 interest and
earnings of the Israeli Arab Scholarship Endowment Fund
expected to total $375,000. A permanent endowment of $4,978,500
for the Fund was established in fiscal year 1992 with funds
made available to the United States Information Agency under
section 556(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990, as amended. The
income from the endowment is to be used for a program of
scholarships for Israeli Arabs to attend institutions of higher
education in the United States.
EAST-WEST CENTER
The Committee does not recommend funding for maintaining
and operating the East-West Center. The budget contained a
request of $12,500,000, and in fiscal year 2000, $12,500,000
was provided.
The Committee does not recommend continued funding for the
East-West Center as a sole-source appropriation. The purpose of
the Center is to promote better relations and understanding
between the United States and the nations of Asia and the
Pacific through cooperative programs of research, study and
training.
The Center started receiving a direct subsidy from the
Federal government in fiscal year 1961. Over the past ten
years, the Federal government has provided approximately
$200,000,000 for its operation.
The Center can solicit private contributions and compete
for other Federal grants to support its activities, and has
embarked on a plan to increase private contributions. The
termination of funding in this account does not therefore
necessarily mean the dissolution of the Center.
NORTH/SOUTH CENTER
The Committee does not recommend funding for continued
support of the operations of the North/South Center. The budget
contained a request of $1,750,000, and $1,750,000 was provided
in fiscal year 2000.
The committee cannot recommend continued funding for this
sole-source appropriation to a non-governmental organization
affiliated with a university. The mission of the Center is to
promote, through cultural and technical exchange, better
relations among the United States, Canada, and the nations of
Latin America and the Caribbean.
The Center started receiving a direct subsidy from the
Federal government in 1991. Since that time, the Federal
government has provided $43,895,000 for its operations. Prior
to 1991, the Center operated on private funding, and competed
for and received project-specific Federal grants. The Center
can solicit private donations and compete for Federal grants
available to support its programs and research, as it did prior
to 1991. The termination of funding in this account does not
therefore necessarily mean the dissolution of the Center.
NATIONAL ENDOWMENT FOR DEMOCRACY
The Committee recommends $30,872,000 for the National
Endowment for Democracy for fiscal year 2001, the same as the
amount available in fiscal year 2000, and $1,128,000 below the
budget request.
The National Endowment for Democracy is a private, non-
profit corporation established to encourage and strengthen the
development of democratic institutions and processes
internationally through private-sector initiatives, training,
and other activities, including those which promote pluralism,
democratic governance, civic education, human rights, and
respect for the rule of law. The Endowment does not carry out
programs directly, but provides funding for projects which are
determined to be in the national interest of the United States
and which are administered by private organizations and groups.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
The Committee recommends $419,777,000 to carry out United
States International Broadcasting Operations for fiscal year
2001. The recommendation includes funding for Broadcasting to
Cuba under this account, instead of as a separate account as it
was in fiscal year 2000 and in the request. The recommended
level is $8,735,000 below the comparable budget request, and
$10,000,000 above the comparable amounts available for
international broadcasting operations in fiscal year 2000. The
increase above the 2000 level provides adjustments to base for
all entities funded under this account.
The Committee recommendation does not include requested
program increases in this account. As in past years, the
Committee expects that there will be additional savings
available to the Board including exchange rate gains and
vacancies in funded positions. The Board will have the ability
to propose that savings be used for needs not funded by the
recommendation through the normal reprogramming process. The
recommendation provides funding for the principal broadcasting
entities as follows:
Voice of America.--The recommendation provides $131,157,000
for VOA. The Committee notes that this amount assumes the
absorption by VOA of personnel and resources which formerly
carried out television programming activities under the
separate organization known as WORLDNET. The Committee
understands that the Board will dissolve the WORLDNET entity,
and create a television component within VOA called VOA-TV.
This change is proposed to expand the delivery methods for VOA
news and information programming in local languages to include
television and the Internet. The Committee agrees that this is
a more effective use of WORLDNET resources, and has no
objection to this proposal. The Committee expects this
organizational change to include an ongoing top-to-bottom
review of television-related programs, and expects that review
to result in the elimination of lower priority, less cost-
effective activities, such as the production of original
thematic programming. The elimination of such lower priority
activities should result in significant budget savings in the
future. The overall recommended funding level for VOA includes
$4,708,000 above the fiscal year 2000 level to provide for
requested adjustments to base.
Radio Free Europe/Radio Liberty.--The recommendation
provides $68,018,000 for RFE/RL, including the full requested
amounts for broadcasting to Iran and Iraq. The recommended
amount includes $1,804,000 above the fiscal year 2000 level to
provide for requested adjustments to base. The amount also
assumes non-recurring costs of $1,580,000 for Post Retirement
Medical Insurance contributions which were completed in fiscal
year 2000.
Radio Free Asia.--The recommendation provides $23,278,000
for RFA. This amount includes $1,309,000 above the fiscal year
2000 level to provide for requested adjustments to base, and
will allow RFA to continue its expanded schedule of 24
broadcast hours per day to China in various languages, and an
additional 10 broadcast hours per day in Burmese, Vietnamese,
Korean, Lao, and Khmer.
Broadcasting to Cuba.--The recommendation provides
$22,806,000 for Broadcasting to Cuba. This amount includes
$610,000 above the fiscal year 2000 level to provide for
requested adjustments to base.
The Committee supports the rationalization of international
television broadcasting activities begun with the creation of
VOA-TV as only one of many opportunities for streamlining and
improving the performance of the U.S. Government's
international broadcasting operations. The Committee expects
the Board to use its management prerogatives as an independent
agency to pursue additional initiatives within the resources
provided, including: continuing to move to more cost-effective
delivery methods such as FM radio and the Internet; combining
and downsizing both program and support offices and functions
to streamline the organization and eliminate unnecessary
bureaucratic layers; and improving and enforcing program
review, audience research and language service prioritization
methodologies to facilitate results-based resource allocation.
The Broadcasting Board of Governors is directed to provide
their plan for the expenditure of funds under this account to
the Committee within 60 days from the enactment of this Act.
BROADCASTING CAPITAL IMPROVEMENTS
The bill includes $18,358,000 in new budget authority for
broadcasting capital improvements, which is $1,402,000 below
the request and $7,900,000 above the amount available in fiscal
year 2000. The amount recommended will provide for maintenance,
improvements, replacements and repairs, satellite and
terrestrial program feeds, and broadcast facility leases and
land rentals. The recommended funding level includes requested
funding for digital production capability development, security
upgrades at transmitting stations overseas, and complete
relocation costs for the Poro Point medium wave transmitter.
The Committee directs the Board to submit a spending plan
within sixty days from the date of enactment of this Act
allocating funds available in this account, including carryover
balances, to various activities. The plan shall include a
detailed proposal for the relocation of the Poro Point
transmitter including costs and timetables for procurement and
development of a new site, and construction of new facilities.
The Board shall also continue to keep the Committee informed
regarding costs and results of the ongoing digital conversion
project.
General Provisions--Department of State and Related Agency
The Committee recommends the following general provisions
for the Department of State similar to the provisions that were
included in the fiscal year 2000 Appropriations Act:
Section 401 of the bill permits funds appropriated in this
Act for the Department of State to be available for allowances
and differentials as authorized by subchapter 59 of 5 U.S.C.;
for services as authorized by 5 U.S.C. 3109; and hire of
passenger transportation pursuant to 5 U.S.C. 1343(b).
Section 402 of the bill permits up to five percent of any
State Department appropriation to be transferred to another
State Department appropriation, but no program can be increased
by more than ten percent, and also provides the same authority
to the Broadcasting Board of Governors programs. In addition,
the language provides that any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under
section 605 of the accompanying bill and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Section 404 of the bill prohibits the use of funds by the
Department of State or the Broadcasting Board of Governors to
provide assistance to the Palestinian Broadcasting Corporation.
In addition, the Committee recommendation includes the
following new general provisions.
Section 403 of the bill designates the number of Deputy
Assistant Secretaries of State. The designated number does not
include the creation of an additional Deputy Assistant
Secretary as a result of the reorganization of the Bureaus of
European and Western Hemisphere Affairs. The creation of this
position was specifically not approved by the Committee when
the reorganization was proposed through the reprogramming
process in 1998.
Section 405 of the bill creates the position of Deputy
Secretary of State for Management and Resources.
TITLE V--RELATED AGENCIES
The Committee recommends $1,917,185,000 in new budget
(obligational) authority in the accompanying bill for the
Related Agencies in this Title for fiscal year 2001. This
amount is $121,185,000 below the current year appropriation,
and $499,978,000 below the budget request.
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
The Committee recommendation includes a total of
$197,915,000 in new budget authority for the Maritime
Administration for fiscal year 2001, as described below:
MARITIME SECURITY PROGRAM
The Committee recommends $98,700,000 for the Maritime
Security Program, as requested, an increase of $2,500,000 above
the amount made available in 2000. The recommendation will
provide all the resources necessary for the operation of the
program through fiscal year 2001. The purpose of the Maritime
Security Program is to maintain and preserve a U.S. flag
merchant fleet to serve the national security needs of the
United States. The program provides direct payments to U.S.-
flag ship operators engaged in U.S.-foreign trade.
Participating operators are required to keep the vessels in
active commercial service and are required to provide
intermodal sealift support to the Department of Defense in
times of war or national emergency. This program is funded
under the allocation for national security programs.
The Committee recommendation provides funding for payments
to U.S. carriers for 47 ships, capped at $2,100,000 per ship,
per year.
OPERATIONS AND TRAINING
The Committee recommends an appropriation of $84,799,000 to
fund programs under the Operations and Training account of the
Maritime Administration (MARAD). This amount is $4,559,000
above the budget request and is $13,000,000 above the level
available in the current fiscal year. This account provides
funding for the U.S. Merchant Marine Academy, the State
maritime schools, and MARAD operations.
The Committee recommendation includes $46,944,000 for the
operation and maintenance of the U.S. Merchant Marine Academy.
Included in the recommended level is the continuation of a
fiscal year 2000 increase of $2,000,000 to maintain and repair
the Academy's infrastructure, and thereby improve safety and
health conditions for the midshipmen and faculty. In addition,
the recommendation includes $13,000,000 above the amount
available in fiscal year 2000 for further deferred maintenance
and capital improvement projects. The Committee provided
funding in fiscal year 2000 under MARAD Operations for a master
plan to address the Academy's long-term maintenance and
renovation needs. This plan has not yet been submitted for the
Committee's review. The Committee directs MARAD to submit, no
later than November 30, 2000, and prior to the expenditure of
funds, a spending plan for this $13,000,000 initiative, subject
to the reprogramming requirements under section 605 of this
Act. Further, the Committee understands that the Academy has
$561,000 in non-recurring requirements in fiscal year 2000, so
the recommended level for this activity represents an increase
of $561,000 to cover base funding requirements.
The recommendation includes $6,973,000 for State maritime
schools, the fiscal year 2000 level. The Committee notes with
concern that MARAD has not yet fully complied with the
directive in the report accompanying the fiscal year 1999 House
bill to submit information on various aspects of Maritime
Education and Training. One aspect of this report that has yet
to be submitted is an analysis of the State schools' Student
Incentive Payment program, and recommendations for future
funding alternatives. The Committee notes that in addition to
the funds provided for State schools under this account, MARAD
expects to receive additional funding in fiscal year 2001 of at
least $2,000,000 for school ship maintenance and repair under
the Department of Defense Ready Reserve Force program.
The Committee recommendation includes $30,882,000 for
operating programs and general administration of MARAD, the
same level as in fiscal year 2000. The Committee notes that
MARAD has $408,000 in non-recurring operating requirements in
fiscal year 2000, so the recommended level for this activity
represents an increase of $408,000 to cover base funding
requirements.
MARITIME GUARANTEED LOAN PROGRAM
The Committee recommends a total of $14,416,000 for the
Maritime Guaranteed Loan (Title XI) Program. This amount is
$8,237,000 above the budget request, and is $4,607,000 above
the amount available in fiscal year 2000. The recommendation
also includes a total program limitation of $1,000,000,000.
The amount provided includes $10,621,000 in subsidies for
the guaranteed loan program, which may provide a total program
level of up to $1,000,000,000. The Committee directs that MARAD
shall not make commitments exceeding the $1,000,000,000 program
limitation in FY 2001, including commitments made with
appropriations from previous fiscal years, without prior
notification of the Committee in accordance with section 605
reprogramming procedures. The Committee further directs MARAD
to continue to submit quarterly reports to the Committee on
Title XI obligations, including information on total loan
principal guaranteed by each separate fiscal year's subsidy
appropriation.
Also, the Committee notes that the amount of loans that the
appropriation supports depends upon the risk factor in the
loans that MARAD approves. To the extent that the program
concentrates on lower-risk loans, the appropriation will
support a higher total program level, and the risk of defaults
will be decreased. The Committee urges MARAD to continue to
ensure that any loan guarantees issued under this program meet
the economic soundness requirement under Title XI.
The amount provided also includes $3,795,000 for
administrative expenses related to this program, the same
amount provided in fiscal year 2000, and a reduction of
$384,000 below the budget request. The amount provided for
administrative expenses may be transferred to and merged with
appropriations for MARAD operations and training on a
reimbursable basis to cover the common overhead expenses
associated with maritime guaranteed loans.
administrative provisions
The bill includes administrative provisions involving
Government property controlled by MARAD, the accounting for
certain funds received by MARAD, and a prohibition on
obligations from the MARAD construction fund. These provisions
have been carried in Appropriations Acts for the Maritime
Administration for several years.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
The Committee recommends $390,000 for the expenses of the
Commission for the Preservation of America's Heritage Abroad.
This amount is the same as the level requested in the budget
request and $100,000 below funding provided in the current
year. Last year, the Committee provided a one-year only
enhancement to provide additional funding to assist in the
restoration of the old Jewish Cemetery in Sarajevo, heavily
damaged during the war in Bosnia. The recommendation for this
year will allow the Commission to fund its administrative
expenses through appropriated funds while relying on privately
donated funds for the actual purchase and restoration of
property. The Committee notes and encourages the efforts of the
Commission to attract additional funding for the Commission's
efforts.
The purpose of the Commission is to encourage the
preservation of cemeteries, monuments, and historic buildings
associated with the foreign heritage of the American people.
Commission on Civil Rights
salaries and expenses
The Committee recommends an appropriation of $8,866,000 for
the salaries and expenses of the Commission on Civil Rights for
fiscal year 2001. The amount recommended is $2,134,000 less
than the budget request and the same amount available in the
current year.
The Commission, established by the Civil Rights Act of
1957, is an independent, bipartisan, fact-finding agency
directed by eight part-time commissioners. The Commission was
created to protect the civil rights of people within the U.S.
The ways the Commission accomplishes this mission include the
investigation of charges of citizens being deprived of voting
rights, and the collection, study and dissemination of
information on the impact of Federal laws and policies on civil
rights.
The Committee expects the Commission to continue to keep
the Committee informed on the status of management
improvements, including developing the ability to plan and
budget for projects, and to track the progress and ongoing
costs of such projects.
The Committee recommends bill language which provides (1)
$50,000 to employ consultants; (2) a prohibition against
reimbursing commissioners for more than 75 billable days, with
the exception of the chairwoman who is permitted 125 billable
days; and (3) a limitation of four full-time positions under
schedule C of the Excepted Service exclusive of one special
assistant for each commissioner.
Commission on Security and Cooperation in Europe
salaries and expenses
The Committee recommends an appropriation of $1,182,000 for
the Commission on Security and Cooperation in Europe, a
decrease of $188,000 below the request and the same amount
provided in the current fiscal year.
The Commission was established in 1976 to monitor
compliance with the final act of the Conference on Security and
Cooperation in Europe with particular regard to provisions
dealing with humanitarian affairs.
Equal Employment Opportunity Commission
salaries and expenses
The Committee recommends $290,928,000 for the Salaries and
Expenses of the Equal Employment Opportunity Commission (EEOC)
for fiscal year 2001. This amount is $31,072,000 below the
request, and $10,000,000 above the amount available in the
current year.
The Committee expects that the recommended funding level
will allow the EEOC to continue reducing the backlog of pending
charges, and expanding the use of alternative dispute
resolution (ADR) techniques, including mediation and ``early
resolution''. The Committee expects that the increased funding
level will allow for the resumption of contract mediation in
addition to the mediation being performed by EEOC staff.
The Committee expects the EEOC to submit a spending plan to
the Committee in accordance with section 605 of this Act before
December 31, 2000, describing the allocation of funding to
various Commission activities, including private sector charge
backlog reduction, ADR and mediation initiatives, litigation,
and automation improvements.
The Committee notes that the State and local Fair
Employment Practices Agencies (FEPA's) will resolve an
estimated 53,524 charges in fiscal year 2001. The bill includes
language similar to that included in previous Appropriations
Acts allowing not to exceed $29,000,000 for payments to State
and local FEPA's. The Committee encourages the EEOC to utilize
the experience the FEPA's have in mediation, as the Commission
implements its ADR programs. The Committee is willing to
entertain proposals in the spending plan to reprogram
additional funds to the FEPA's for this purpose.
The Committee again expresses concern regarding the
achievement of private sector charge backlog reduction targets,
and directs the Commission to make the reduction of this
backlog its highest priority. The Commission received an
appropriation increase of $37,000,000 in fiscal year 1999,
which the Commission claimed would result in a reduction of the
backlog to 28,457 charges by the end of fiscal year 2000. The
fiscal year 2001 budget request estimates that an additional
158 full-time equivalent workyears (FTE), an additional
$13,300,000, and an additional year will be required to achieve
the same backlog target of 28,457 by the end of fiscal year
2001. The Committee expects the Commission to submit a spending
plan that allocates the increase of $10,000,000 in this account
to backlog reduction on a priority basis, and expects the
Commission to exceed the backlog reduction targets included in
the budget request. The EEOC may be able to achieve even
greater backlog reductions depending on the intake rate for new
charges and the extent to which ``early resolution'' methods
are adopted.
The bill also includes language similar to that included in
previous Appropriations Acts allowing non-monetary awards to
private citizens, and up to $2,500 for official reception and
representation expenses.
Federal Communications Commission
salaries and expenses
The Committee recommends total budget authority of
$207,909,000 for the salaries and expenses of the Federal
Communications Commission (FCC) for fiscal year 2000, of which
$200,146,000 is to be derived from offsetting collections,
resulting in a direct appropriation of $7,763,000. The
recommended total budget authority is $29,279,000 below the
request, and $2,000,000 below the current year appropriation.
The Committee directs the Commission to submit, no later
than December 15, 2000, a financial plan proposing a
distribution of all funds in this account, subject to the
reprogramming requirements under section 605 of this Act.
The Committee recommendation includes bill language,
similar to that included in previous Appropriations Acts, which
allows: (1) up to $600,000 for land and structure; (2) up to
$500,000 for care of grounds and buildings; (3) up to $4,000
for official reception and representation expenses; (4) up to
$300,000 for research and policy studies to remain available
until September 30, 2002; (5) purchase of uniforms and
acquisition of vehicles: (6) special counsel fees; (7)
collection of $200,146,000 in section 9 fees; (8) the sum
appropriated to be reduced as section 9 fees are collected; (9)
fees in excess of $200,146,000 to be available in fiscal year
2002.
The Committee directs that not to exceed 8 permanent
positions and 8 full-time equivalent workyears and $680,000
shall be expended for the Office of Legislative and
Intergovernmental Affairs.
The Committee recommendation does not include a proposal
allowing for the collection of an Analog Spectrum Lease Fee,
which would require a subsequent authorization.
Federal Maritime Commission
salaries and expenses
The Committee recommends an appropriation of $14,097,000
for the salaries and expenses of the Federal Maritime
Commission (FMC) for fiscal year 2001. This amount is a
reduction of $2,125,000 below the budget request and the same
amount available in the current fiscal year.
Federal Trade Commission
salaries and expenses
The Committee recommends total budget authority of
$134,807,000 for the salaries and expenses of the Federal Trade
Commission (FTC) for fiscal year 2001, a decrease of
$29,793,000 below the request and $9,783,000 above the current
year appropriation. Of this amount, $13,709,000 is to be
derived from estimated prior year unobligated fee collections,
and $121,098,000 is to be derived from current year offsetting
fee collections from premerger filing fees under the Hart-
Scott-Rodino Act, resulting in no net direct appropriation. The
Committee notes that any use of remaining unobligated fee
collections from the prior year are subject to the
reprogramming requirements outlined in section 605 of this Act.
The recommended level provides for base adjustments to maintain
the current operating level and a small increase to enhance the
Commission's consumer protection efforts.
The mission of the Federal Trade Commission is to enforce a
variety of Federal antitrust and consumer protection laws.
Under these laws, the Commission seeks to ensure that the
nation's markets are competitive, function vigorously and
efficiently, and are free from undue governmental and private
restrictions. The Commission also seeks to improve the
operation of the marketplace by eliminating deceptive and
unfair practices.
Appropriations for both the Antitrust Division of the
Department of Justice and the Commission are financed with
Hart-Scott-Rodino Act pre-merger filing fees. The Commission's
fiscal year 2001 appropriations language changes the Hart-
Scott-Rodino Act to include a three tiered fee structure as
proposed in the budget request. Under current law, a stock or
asset acquisition must meet two tests to require a Hart-Scott-
Rodino Act filing, the size of company test and the size of
asset test. The size of company test provides that one company
must have annual net sales or assets of $100,000,000 and the
other company must have net annual sales or assets of
$10,000,000. The size of asset test provides that the asset or
stock being acquired must be worth $15,000,000 or higher. If a
transaction meets both these tests, filing and a $45,000 fee
are required.
The new three tiered fee structure will raise the size of
asset test threshold to $35,000,000 and the fee will remain
$45,000. For transactions between $100,000,000 and
$199,999,999, the fee will increase to $100,000. For
transactions $200,000,000 and higher, the fee will increase to
$200,000.
The Committee's recommendation funds the Commission's
current operating level with a small increase for consumer
protection. However, it is estimated that raising the size of
asset test from $15,000,000 to $35,000,000 will result in
nearly a forty percent reduction in the number of filings
requiring review. Therefore, the Committee assumes that the
Commission will be able to fund some of its requested program
increases from within the funding level provided. The Committee
directs the Commission to submit a fiscal year 2001 financial
plan no later than December 31, 2000, outlining how it intends
to allocate its fiscal year 2001 resources.
The Committee recommends bill language, similar to that
included in previous Appropriations Acts, which: (1) allows for
purchase of uniforms and hire of motor vehicles; (2) allows up
to $2,000 for official reception and representation expenses;
(3) allows for the collection of fees; (4) allows for the sum
appropriated to be reduced as fees are collected; (5) prohibits
the use of funds to implement section 151 of the Federal
Deposit Insurance Corporation Improvements Act of 1991, and (6)
makes funds appropriated from the Treasury for the FTC
available until expended.
The Committee does not adopt the proposal in the budget
request to increase the official reception and representation
funds in fiscal year 2001 for two conferences.
Legal Services Corporation
salaries and expenses
The Committee recommendation provides $141,000,000 for the
Legal Services Corporation (the Corporation) for fiscal year
2001. This amount is a decrease of $199,000,000 below the
request, and $164,000,000 below the amount provided in fiscal
year 2000. This amount includes: (1) $134,575,000 for grants to
basic field programs; (2) $5,300,000 for Corporation management
and administration; and (3) $1,125,000 for the Office of the
Inspector General. The Committee notes that $35,250,000 is
provided for civil legal assistance under the Violence Against
Women Act program funded under Title I of this bill.
The Committee is pleased with the efforts of the
Corporation to improve the case reporting of its grantees.
However, the Committee feels the Corporation can continue to
work with its grantees to improve case reporting and lower the
grantees' reporting error rate. The Committee is also
interested in the efforts the Corporation has made in
developing new performance measures that will allow both
Congress and the Corporation to better evaluate the work of the
grantees. These efforts include developing a ``cost-per-case''
model and providing data on the level of non-case services
provided such as community education, and services provided
through self-help forms, kiosks or the internet. The Committee
expects to be kept informed on the development of these
measures.
The Committee also reminds the Corporation that its
grantees are prohibited by section 504(a)(7) of P.L. 105-119
from participating in class action suits and directs the
Corporation to ensure its grantees comply.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The Committee recommendation includes bill language to
continue all statutory requirements and restrictions contained
in previous Appropriations Acts, as requested.
Marine Mammal Commission
SALARIES AND EXPENSES
The Committee recommends $1,700,000 for the Marine Mammal
Commission for fiscal year 2001. The recommendation provides
increased funding to address new research needs and to provide
for follow-up on research efforts as a result of the
Commission's workshop on impacts of sea ice and other
environmental changes on Arctic marine resources and the Alaska
Natives that depend upon them; for continuation of studies to
further protect the Florida manatee; and for research stemming
from the Commission's recent contaminants research project. The
Committee commends the Commission on its research efforts.
Securities and Exchange Commission
SALARIES AND EXPENSES
The Committee recommends overall funding for the Securities
and Exchange Commission (SEC) of $392,624,000, which is
$30,176,000 below the request and $24,824,000 above the level
provided in fiscal year 2000. The overall funding is made up of
the following components: (1) an appropriation of fiscal year
2001 offsetting fee collections of $252,624,000; and (2) an
appropriation of 1999 offsetting fee collections of
$140,000,000. The recommendation provides the Commission with
the full amount of requested adjustments to base funding for
pay and inflation changes. The recommendation does not include
requested program increases for information systems, additional
staff, or a special pay rate increase.
The Committee recommendation includes bill language
providing offsetting fee collections in accord with levels
authorized in the National Securities Markets Improvement Act
of 1996. The Committee intends that any such collections in
excess of the amounts made available in fiscal year 2001 will
remain available for the Securities and Exchange Commission in
future years through the regular appropriations process.
In addition, the Committee recommends bill language,
similar to that included in previous Appropriations Acts,
which: (1) allows for the rental of space; (2) makes up to
$3,000 available for official reception and representation
expenses; (3) makes up to $10,000 available for a permanent
secretariat for the International Organization of Securities
Commissions; and (4) makes up to $100,000 available for
expenses of meetings and consultations with foreign
governmental and regulatory officials.
The SEC was created by the Securities Exchange Act of 1934
as an independent, quasi-judicial agency. It administers a
group of statutes in the area of securities and finance which
seek to protect the investing public by providing full
disclosure, regulating the nation's securities markets, and
preventing and policing fraud and malpractice in the securities
and financial markets.
Small Business Administration
The accompanying bill provides a total of $856,220,000 for
four appropriations items of the Small Business Administration
(SBA). This amount is $201,600,000 below the budget request,
and $9,220,000 above the amount appropriated in fiscal year
2000. The details for the four SBA appropriation accounts are
contained in the following paragraphs.
The Committee encourages the SBA to continue its efforts to
improve the management of its financial programs. The Committee
notes that deficiencies in projecting accurate subsidy rates
has, in the past, resulted in the Committee having to find
significant additional appropriations to meet SBA loan program
requirements. The Committee recommendation for fiscal year 2001
again includes funding to improve portfolio management and
systems modernization efforts. The Committee reminds the SBA
that the volatility in subsidy rates is a direct reflection on
the SBA's management of its loan portfolio and expects the SBA
to continue to make portfolio management improvements a high
priority.
In addition, the Committee notes that the SBA has followed
the Committee's direction contained in the fiscal year 2000
report and has requested appropriations for the Disaster Loans
program. The Committee welcomes this development and directs
the SBA to continue to request sufficient non-emergency funding
for the Disaster Loans program to support an estimated average
annual level of loan activity.
SALARIES AND EXPENSES
The Committee recommends $299,615,000 for the salaries and
expenses account of the Small Business Administration. This
amount is $10,000,000 above the amount provided in fiscal year
2000, and $136,615,000 above the request. The increase above
the request results mainly from the fact that the
recommendation does not include the establishment of a new,
separate account for non-credit business assistance programs,
as proposed in the request. The recommendation includes funding
for non-credit programs under this account.
Of the amount provided under this heading, $160,541,000 is
for operating expenses of the SBA. In addition, a total of
$138,854,000 may be transferred to and merged with the salaries
and expenses account for indirect operating costs. This amount
consists of $129,000,000 from the Business Loans Program
account for administrative expenses, and $9,854,000 from the
Disaster Loans Program account for administrative expenses.
These transfers will result in a total availability of
$299,395,000 for the operating expenses of the SBA, an increase
of $10,000,000 above the comparable fiscal year 2000 amount.
In addition, the recommendation includes language under the
Disaster Loans Program account providing that $126,146,000 of
the amount provided for administrative expenses may be
transferred to and merged with the salaries and expenses
account for the direct costs of loan making and servicing.
The amount provided includes $8,000,000 for the
continuation of the initiative to improve the SBA's monitoring
and oversight of its financial programs through upgrades and
improvements in its information resource management systems,
and increased financial analysis and management. The Committee
expects the SBA to submit a plan for the expenditure of
resources for this initiative by December 31, 2000, in
accordance with section 605 of this Act. Including the fiscal
year 2001 amount, the Committee has provided a total of
$32,000,000 for what was originally requested as a five-year,
$40,000,000 initiative. The Committee notes that the SBA has
expanded the scope of the initiative by requesting an
additional $5,000,000 in fiscal year 2001 for Disaster Loan
processing improvements. These improvements have the potential
to significantly reduce the administrative costs associated
with the Disaster Loans program, and the Committee is therefore
willing to consider the allocation of funds for Disaster Loan
processing improvements within the spending plan for the
$8,000,000.
Within the amounts provided under this heading, the
Committee expects the SBA to continue to help small businesses
adapt to a paperless procurement environment. The Committee
recommendation also includes the full amount requested for Low
Documentation Processing Centers. The Committee recommendation
for salaries and expenses includes a total of $139,074,000 for
non-credit initiatives, as follows:
Small Business Development Centers...................... $83,801,000
7(j).................................................... 2,600,000
SCORE................................................... 3,471,000
Microloan technical assistance.......................... 23,200,000
One-stop Capital Shops.................................. 3,100,000
Export Assistance Centers............................... 3,100,000
Regulatory Fairness Boards.............................. 500,000
Women's Business Centers................................ 8,926,000
Women's Business Council................................ 595,000
Advocacy Research....................................... 1,091,000
Veterans Programs....................................... 4,000,000
Small Business Drug-free Workplace Program.............. 3,500,000
Survey of Women-Owned Businesses........................ 694,000
Business Information Centers............................ 496,000
--------------------------------------------------------
____________________________________________________
Total, non-credit initiatives..................... $139,074,000
Of the amounts provided for the SBDC program, $2,000,000 is
to continue the SBDC defense transition program and $1,000,000
is for a regulatory compliance simplification program to
increase coordination of environmental, Occupational Health and
Safety Administration and Internal Revenue Service compliance
requirements and to avoid duplication among programs for
compliance assistance to small businesses.
The Committee expects that within the overall amount
provided under this account, full funding will be provided for
the operations of the Office of Advocacy. In addition, the
recommendation includes $1,091,000 for Advocacy Research.
The Committee recommendation includes $3,500,000 to
continue funding for a drug-free workplace demonstration
program to provide technical assistance to small business
concerns seeking to start a drug-free workplace program. The
recommendation also includes $694,000 for the first year
funding requirement associated with the 2002 Survey of Woman-
Owned Businesses, and $4,000,000 for the Veterans
Entrepeneurship and Small Business Development Program, as
authorized by P.L. 106-50 including the National Veterans
Business Development Corporation.
The Committee recommendation includes requested language
authorizing $3,500 for official reception and representation
expenses as well as language authorizing the SBA to charge fees
to cover the cost of publications and certain loan servicing
activities. The language also permits revenues received from
all such activities to be credited to the salaries and expenses
account to be available for carrying out these purposes without
further appropriations.
The Committee recommendation deletes language, as
requested, making amounts available for New Markets assistance
programs subject to authorization. Also, the recommendation
does not include the requested authority for a specified amount
of program funds to remain available for two years. Finally,
the recommendation does not include requested language allowing
the SBA to retain not to exceed $3,000,000 of increased
collections of delinquent debt for qualified expenses.
Office of Inspector General
The Committee recommends $10,905,000 for the Office of
Inspector General of the Small Business Administration under
this heading, a decrease of $3,410,000 below the request, and
the same level as is available in fiscal year 2000. The
recommendation assumes that, as in fiscal year 2000, the
appropriation under this heading will be supplemented by an
additional $500,000 provided under the administrative expenses
of the Disaster Loans Program for oversight of that program,
which may be transferred to this account. The Committee
recommendation includes resources for continued oversight of
the SBA's business loan portfolio and the SBA's administration
of the 7(a) and disaster assistance programs.
BUSINESS LOANS PROGRAM ACCOUNT
The Committee recommends a total of $269,300,000 under this
account, consisting of: $137,800,000 for the Business Loans
Program Account for subsidies for guaranteed business loans;
$2,500,000 for subsidies for direct business loans; and
$129,000,000 for administrative expenses related to business
loan programs. The amount provided for administrative expenses
may be transferred to and merged with the appropriation for SBA
salaries and expenses to cover the common overhead expenses
associated with business loans. In addition, the recommendation
includes a provision in the bill, similar to that carried in
previous years, allowing up to $45,000,000 to remain available
until September 30, 2002.
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the estimated losses associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2001, as well as the administrative expenses of the loans. The
subsidy amounts are estimated on a net present value basis, and
the administrative expenses are estimated on a cash basis.
7(a) Business loan program.--The recommendation includes
$114,500,000 in new budget authority for the 7(a) loan program,
which is $7,000,000 above the fiscal year 2000 level and
$28,100,000 below the budget request. Using the increased
subsidy rate of 1.24 percent projected in the budget request,
this level will provide an estimated program level of over
$9,200,000,000. This estimated program level assumes that there
will not be any carryover or recoveries available in fiscal
year 2001. Should changes in the program level occur due to
changes in the subsidy rate, or as a result of changes in
estimated carryover or recoveries, the Committee expects to be
notified in accordance with section 605 of this Act prior to
the SBA taking any actions to change the program level provided
for fiscal year 2001. The Committee recommendation includes
language, as carried in the fiscal year 2000 Appropriations
Act, requiring the SBA to submit a reprogramming under section
605 of the Act before exceeding a 7(a) program level of
$10,000,000,000.
Small Business Investment Corporation (SBIC) debentures and
participating securities.--The SBIC debentures program will
operate with a zero subsidy rate in fiscal year 2001, therefore
the entire amount provided for SBIC's under this heading is
intended for the participating securities program. The
Committee recommendation includes $23,300,000 for the subsidy
appropriation for the participating securities program, a
decrease of $1,000,000 below the fiscal year 2000 level, and
$2,900,000 below the request. The funding recommendation of
$23,300,000 assumes a 1.31% subsidy rate as proposed in the
budget, and will provide a program level of $1,778,626,000--an
increase of $428,626,000 over the fiscal year 2000 program
level for participating securities. The recommendation includes
requested language that the SBIC debentures program level shall
not exceed $500,000,000.
Microloan Direct and Guaranty Programs.--The Committee
recommendation includes new appropriations of $2,500,000 for
the Microloan Direct Loan Program compared to the request for
$5,370,000, and no new appropriations for the Microloan
Guaranty Program, as none was requested. The recommendation for
direct Microloans assumes that little, if any, carryover will
be available. The appropriation of $2,500,000 will provide for
a program level of approximately $28,000,000, which is the same
as the estimated fiscal year 2000 level. For the Microloan
Guaranty program, the Committee understands that no program
obligations are projected for fiscal year 2000 or 2001.
504 Development Company loans.--The Committee
recommendation provides no new budget authority for the section
504 development company loan program, as requested, and
includes language limiting the 504 guaranteed lending program
to $3,750,000,000, as requested. This program will operate with
a zero subsidy rate in fiscal year 2000.
The recommendation deletes language included in the fiscal
year 2000 bill pertaining to the citation of authority and the
earmarking of an amount for a specific business loan program.
DISASTER LOANS PROGRAM ACCOUNT
The Committee recommends a total of $276,400,000 for the
Disaster Loans Program Account for loan subsidies and
associated administrative expenses, the same amount provided in
fiscal year 2000, and $19,700,000 below the request. The
Committee recommendation includes $140,400,000 for the subsidy
costs of disaster loans, which when combined with estimated
recoveries of $10,000,000 will provide a disaster loan level of
$861,397,000.
The Committee notes that the fiscal year 2001 request
finally included realistic estimates for an average annual
direct disaster loan program from discretionary appropriations.
The Committee directs the SBA to continue this practice.
The Committee recommendation includes $136,000,000 for
administrative expenses of carrying out the program, which may
be transferred to and merged with appropriations for salaries
and expenses. The recommendation includes language specifying
that, of the amount provided for administrative expenses,
$125,646,000 is for the direct administrative expenses of loan
making and loan servicing, and $9,854,000 is for indirect
administrative expenses. The recommendation also includes
language requiring that any amount in excess of $9,854,000
transferred to the salaries and expenses account for indirect
administrative expenses shall be subject to reprogramming
requirements, as detailed under section 605. In addition, the
recommendation retains language transferring $500,000 of the
amount provided for administrative expenses to the Office of
Inspector General for audits and reviews of the disaster loan
portfolio.
As required by the Federal Credit Reform Act of 1990, the
Congress is required to appropriate an amount sufficient to
cover the subsidy costs associated with all direct loan
obligations and loan guarantee commitments made in fiscal year
2001, as well as the administrative expenses of the loan
programs. The subsidy amounts are measured on a net present
value basis, and the administrative expenses are estimated on a
cash basis.
State Justice Institute
SALARIES AND EXPENSES
The Committee recommends $4,500,000 for the State Justice
Institute (SJI) for fiscal year 2001, $10,500,000 below the
request, and $2,350,000 below the current appropriation.
SJI is a private, non-governmental organization, which
awards grants to improve the administration of justice in State
courts. While SJI requested an appropriation of $15,000,000 for
fiscal year 2001, the Administration only included $6,850,000,
which is the fiscal year 2000 level.
The Committee recommendation takes into account that
assistance to State courts is available through the Office of
Justice Programs within the Department of Justice.
United States Commission on International Religious Freedom
The Committee recommendation does not include funding for
the Commission on International Religious Freedom. The
President's budget requested $3,000,000 for the fiscal year
2001 costs of the Commission. The Commission has never received
funding under this Act. The Commission received funding in
fiscal year 1999 as a supplemental appropriation under the
Foreign Operations, Export Financing and Related Programs
Subcommittee.
TITLE VI--GENERAL PROVISIONS
The Committee recommends the following general provisions
for the departments and agencies funded in the accompanying
bill. Except where modifications are indicated, these general
provisions were included in the fiscal year 2000 Appropriations
Act.
Section 601 prohibits any appropriation contained in the
Act from being used for publicity or propaganda purposes not
authorized by the Congress.
Section 602 prohibits any appropriation contained in the
Act from remaining available for obligation beyond the current
fiscal year unless explicitly provided.
Section 603 provides that the expenditure of any
appropriation contained in the Act for any consulting service
through procurement contracts 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.
Section 604 provides that if any provision of the Act or
the application of such provision to any person or circumstance
shall be held invalid, the remainder of the Act and the
application of such provisions to persons or circumstances
other than those to which it is held invalid shall not be
affected thereby.
Section 605, slightly modified, which provides for the
Committee's policy concerning the reprogramming of funds.
Section 605(a) prohibits the 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 offices or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any function or activity presently performed by
Federal employees unless the Appropriations Committees of both
Houses of Congress are notified 15 days in advance.
Section 605(b) prohibits 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 due to 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.
The Committee has again included carryover funds under the
requirements of section 605 to clarify that agencies must
follow reprogramming procedures with respect to carryover
funds.
Section 606 prohibits funds in the Act from being used for
construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located
outside the United States.
Section 607 states the sense of the Congress that all
equipment and products purchased with funds made available in
the bill should be American-made, directs the head of each
Federal agency to provide a notice describing Congressional
intent to any entity it provides financial assistance to or
enters into a contract with, and makes any person determined to
have misused ``Made in America'' labeling from receiving grants
or contracts made with funds provided under this Act.
Section 608 prohibits funds in the bill from being used to
implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on
religion similar to proposed guidelines published by the EEOC
in October, 1993.
Section 609 prohibits the use of funds for any United
Nations peacekeeping mission when it is made known that United
States Armed Forces are under the command or operational
control of a foreign national and the President has not
submitted to the Congress a recommendation that such
involvement is in the national security interest of the United
States.
Section 610 prohibits the use of funds to pay for expansion
of diplomatic or consular operations in Vietnam beyond the
level of operations on July 11, 1995, unless the President
certifies within 60 days that Vietnam is cooperating in full
faith with the U.S. on POW/MIA issues.
The bill also includes a new provision as Section 611,
waiving minimum funding requirements, limitations and earmarks
contained in other Acts from applying to funds provided in this
Act.
Section 612 prohibits the use of funds to provide certain
amenities and personal comforts in the Federal prison system.
Section 613 includes language prohibiting the use of funds
under the NOAA Fleet Modernization, Shipbuilding and Conversion
account to implement sections 603, 604, and 605 of Public Law
102-567, except for development of a modernization plan for
fisheries research.
Section 614 provides that any closing or downsizing costs
incurred by a department or agency funded under this Act
resulting from funding reductions in the Act shall be absorbed
within the budgetary resources available to the Department or
agency, and provides transfer authority between appropriation
accounts to carry out the provision, subject to reprogramming
procedures.
Section 615 prohibits funds made available in this Act to
the Federal Bureau of Prisons from being used to distribute
publications that include sexually explicit material.
Section 616 limits funding under the Local Law Enforcement
Block Grant to 90 percent to an entity that does not provide
public safety officers injured in the line of duty and as a
result separated or retired from their jobs with health
insurance benefits equal to the insurance they received while
on duty.
Section 617 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal of foreign
restrictions on the marketing of tobacco products, provided
that such restrictions are applied equally to all tobacco
products or tobacco products of the same type. This provision
is not intended to impact routine international trade services
provided to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 618 prohibits funds made available in this Act from
being used to implement a Federal user fee for background
checks conducted pursuant to the Brady Handgun Control Act of
1993, or to implement a background check system that does not
require and result in the destruction of certain information.
Section 619, modified from the current year, delays the
obligations of any receipts deposited into the Crime Victims
Fund in excess of $575,000,000 until October 1, 2001. Due to
unprecedented antitrust criminal fines in the last two years,
receipts deposited have greatly exceeded historical levels.
Last year, programs supported by the Fund received a 50 percent
increase. In fiscal year 2001, an additional 15 percent
increase will be provided to these programs. This Committee has
continued to take this action to ensure that a stable source of
funds will remain available for this program.
Section 620 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious beliefs of students participating in such programs.
Section 621 prohibits the use of funds to process visas
for citizens of countries that deny or delay the repatriation
of deported citizens.
Section 622 prohibits the use of Department of Justice
funds to transport high security prisoners to facilities not
certified by the Bureau of Prisons as appropriate to receive
such prisoners.
The Committee has again this year included bill language
which prohibits the use of funds to take certain actions for
the purpose of implementing or in contemplation of preparing to
implement, the Kyoto Protocol. Although the Agencies and
Departments may under the current prohibition continue to
conduct educational seminars and activities, it should ensure
balance in those programs. Balance does not mean merely that
there is an acknowledgment of viewpoints different from those
of the Administration, but that qualified representatives of
those viewpoints are included in the programs and in numbers
roughly equal to the participants representing the
Administration's positions. One dissenting voice in what is
otherwise an obviously stacked or biased program does not
constitute balance.
The bill language is intended to prohibit funds provided in
this bill from being used to implement actions called for under
the Kyoto Protocol, prior to its ratification. Based on an
identical provision in the 2000 Appropriations Act, the bill
language prohibits the proposing or issuing of rules,
regulations, decrees, or orders, for the purpose of
implementing, or in preparation of implementing, the Kyoto
Protocol.
The Byrd-Hagel Resolution (S. Res. 105-98), which passed
with a vote of 95-0 in July 1997, remains the clearest
statement of the will of the Senate with regard to the Kyoto
Protocol. Through the prohibition contained herein, the
Committee is committed to ensuring that the Administration not
implement the Kyoto Protocol without prior Congressional
consent, including approval of any implementing legislation,
regulation, programs, or initiatives.
TITLE VII--RESCISSIONS
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime guaranteed loan (title xi) program account
(rescission)
The Committee recommends a rescission of $7,644,000 from
remaining unobligated balances in this account.
Changes in the Application of Existing Law
Pursuant to clause 3(f)(1) of rule XIII of Rules of the
House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
Language is included for a number of accounts which places
limitations on reception and representation allowances in order
to reduce the amount of money that could otherwise be spent on
these activities.
Language is included in various parts of the bill to
continue ongoing activities which require annual authorization
or additional legislation, which to date has not been enacted.
The bill includes provisions which place limitations on the
use of funds in the bill or change existing limitations and
which might, under some circumstances be construed as changing
the application of existing law.
The bill includes a number of provisions, which have been
virtually unchanged for many years, that are technically
considered legislation.
The bill also provides that a number of appropriations
shall remain available for obligation beyond the current fiscal
year. While these provisions are not specifically authorized
for all of the items, it is deemed desirable to include such
language for certain programs in order to provide for orderly
administration and the effective use of funds.
Language is included under a number of accounts in which
appropriations are offset by collections that provide the level
of offsetting collections to be credited to the account and in
certain cases makes collections in excess of that level
available in the following fiscal year.
In various places in the bill, the Committee has earmarked
funds within appropriation accounts in order to fund specific
programs and has adjusted some existing earmarkings.
Those additional changes in the fiscal year 2001 bill,
which might be interpreted as changing existing law, are as
follows:
Under Department of Justice, Counterterrorism Fund,
language is modified setting forth authorized uses of the Fund.
Under United States Attorneys, language is modified
designating the number of positions and workyears provided for
United States Attorneys.
Under Detention Trustee, language is included establishing
a Federal Detention Trustee to exercise certain powers and
functions as authorized by law.
Under Justice Prisoner and Alien Transportation System
Fund, United States Marshals Service, language is included
making permanent the establishment of the Fund to pay for the
transportation of prisoners and illegal and criminal aliens.
Under Federal Prisoner Detention, language is included
allowing the United States Marshals Service to enter into
multiyear contracts for confinement of Federal Prisoners.
Under Community Relations Service, language is included to
allow the Attorney General to transfer funding from other DOJ
components to this account.
Under Federal Bureau of Investigation, language is amended
changing the limitation on the number of passenger and
replacement motor vehicles.
Under Immigration and Naturalization Service, language is
included to change the limitation on the number of passenger
and replacement motor vehicles. Language is included limiting
the annual overtime pay for the Citizenship and Benefits,
Immigration Support and Program Direction account. Language is
also included that would restrict funding for certain
checkpoints.
Under Federal Prison System, Salaries and Expenses,
language is amended changing the limitation on the number of
passenger and replacement motor vehicles, and modifying the
uses of carryover funding.
Under the State and Local Law Enforcement Assistance
Program, language is included regarding the distribution of
funds for certain programs.
Under Community Oriented Policing Services, language allows
unobligated balances to be used for certain purposes. In
addition, language is included to allocate hiring funds to
continue a school violence initiative and to provide for grants
for certain purposes.
Under Juvenile Justice Programs, language is included that
provides funding for this program consistent with H.R. 1501 or
comparable legislation, and subject to new authorization.
Under General Provisions--Department of Justice, Section
108 includes language making permanent provisions which
delineate the authority of the Assistant Attorney General for
the Office of Justice Programs.
Section 109 includes language extending a provision
included in the fiscal year 1999 Supplemental Appropriations
Act, to allow assistance and services to be provided to the
families of the victims of Pan Am Flight 103.
Section 110 includes language limiting the authority
granted to the Department of Justice to seek reimbursement
under section 109 of P.L. 103-317 to cases in which the United
States is a defendant.
Section 111 includes language regarding the payment of
certain compensation from funds appropriated for fiscal year
2001.
Section 112 includes language to permit the collection of
fees for genealogy services and voluntary premium processing
services for Immigration and Naturalization Service activities.
Section 113 includes language to require the Attorney
General to notify the Committee before certifying amounts for
appropriation under provisions of the Social Security Act.
Under Department of Commerce, Patent and Trademark Office,
Salaries and Expenses, language is included limiting the
availability of carryover into fiscal year 2001.
Under National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities, language is included
providing specific funding amounts for each line office and
other activities. The bill includes language requiring standard
reprogramming notification for the use of unanticipated
deobligations.
Under General Provisions--Department of Commerce, Section
204, language is amended prohibiting the use of funds to pay
unemployment compensation for temporary census workers.
Under General Provisions--the Judiciary, Section 304
includes language to authorize the Judiciary to appoint
certifying officers for verifying receipt of, and ensuring
availability of funds for goods and services.
Under Department of State, Administration of Foreign
Affairs, Diplomatic and Consular Programs, language is included
limiting the Machine Readable Visa fees that can be spent in
fiscal year 2001 and providing that any amount collected in
excess of the limit will be available in fiscal year 2002. In
addition, language is included designating specific amounts for
public diplomacy international information programs and
worldwide security upgrades, and allowing certain advances for
services to remain available until expended.
Under Embassy Security, Construction, and Maintenance,
language is included designating a specific amount for
worldwide security upgrades.
Under Repatriation Loans Program Account, language is
included allowing administrative expenses to be merged with the
Diplomatic and Consular Programs account under Administration
of Foreign Affairs.
Under Contributions to International Organizations,
language is included requiring certification that the U.N. is
keeping within its budget.
Under Broadcasting Board of Governors, International
Broadcasting Operations, language is included to provide
authorities for broadcasting to Cuba under this account.
Under General Provisions--Department of State and Related
Agency, Section 403, language is included designating the
number of Deputy Assistant Secretaries of State.
Section 405 includes language to create a Deputy Secretary
of State for Management and Resources.
In Related Agencies, Federal Trade Commission, language is
included to establish a new Hart-Scott-Rodino fee structure.
Under Legal Services Corporation, language continuing
current statutory requirements is amended.
Under Small Business Administration, Business Loans Program
Account, language is included designating limitations to loan
programs at authorized levels.
Under Disaster Loans Program Account, language is amended
to designate amounts for the direct and indirect administrative
expenses of disaster loan making and servicing and to describe
a reprogramming requirement. In addition, language is included
to allow a specified amount of funding to be transferred to the
Office of Inspector General.
Under Department of Transportation, Maritime
Administration, Maritime Guaranteed Loan (Title XI) Program
Account, (Rescission), language is included rescinding funds.
Appropriations Not Authorized by Law
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the
House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law:
Department of Justice:
General Administration
Salaries and Expenses
Joint Automated Booking System
Narrowband Communications
Counterterrorism Fund
Telecommunications Carrier Compliance Fund
Administrative Review and Appeals
Detention Trustee
Office of the Inspector General
United States Parole Commission
Legal Activities
Salaries and Expenses, General Legal
Activities
Salaries and Expenses, Antitrust Division
Salaries and Expenses, United States
Attorneys
Salaries and Expenses, Foreign Claims
Settlement Commission
Construction, United States Marshals Service
Fees and Expenses of Witnesses
Community Relations Service
Radiation Exposure Compensation, Administrative
Expenses
Interagency Crime and Drug Enforcement
Federal Bureau of Investigation
Salaries and Expenses
Construction
Drug Enforcement Administration
Salaries and Expenses
Construction
Immigration and Naturalization Service
Enforcement and Border Affairs
Citizenship and Benefits, Immigration Support
and Program Direction
Construction
Federal Prison System
Salaries and Expenses
Buildings and Facilities
Federal Prison Industries, Incorporated
Limitation on Administrative Expenses,
Federal Prison Industries, Incorporated
Office of Justice Programs
Justice Assistance
State and Local Law Enforcement Assistance
Community Oriented Policing Services with
certain exceptions
Weed and Seed Program
Juvenile Justice Programs
Missing Children's Programs
Victims of Child Abuse
Office of the United States Trade Representative
International Trade Commission
Department of Commerce:
Export Administration
International Trade Administration, except Import
Administration
Minority Business Development Agency
National Telecommunications and Information
Administration
Salaries and Expenses
Public Broadcasting Facilities, Planning and
Construction
Information Infrastructure Grants
Technology Administration
National Institute of Standards and Technology
Scientific and Technical Research and
Services
Industrial Technology Services
Construction of Research Facilities
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities, with
certain exceptions
Procurement, Acquisition and Construction
Pacific Coastal Salmon Recovery Fund
Coastal Zone Management Fund
Department of State:
Diplomatic and Consular Programs
Payment to the American Institute in Taiwan
Broadcasting Board of Governors:
International Broadcasting Operations
Department of Transportation, Maritime Administration:
Operations and Training
Maritime Guaranteed Loan Program Account
Commission on Civil Rights
Federal Communications Commission, except offsetting fee
collections
Federal Maritime Commission
Federal Trade Commission
Legal Services Corporation
Marine Mammal Commission
Securities and Exchange Commission
Small Business Administration
Salaries and Expenses, with certain exceptions
Business Loans Program Account
Constitutional Authority
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives states that:
Each report of a committee on a bill or joint
resolution of a public character, shall include a
statement citing the specific powers granted to the
Congress in the Constitution to enact the law proposed
by the bill or joint resolution.
The Committee on Appropriations bases its authority to
report this legislation from Clause 7 of Section 9 of Article I
of the Constitution of the United States of America which
states:
No money shall be drawn from the Treasury but in
consequence of Appropriations made by law. * * *
Appropriations contained in this Act are made pursuant to
this specific power granted by the Constitution.
Comparison With the Budget Resolution
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives requires an explanation of compliance with
section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, which requires that the report accompanying a bill
providing new budget authority contain a statement detailing
how that authority compares with the reports submitted under
section 302 of the Act for the most recently agreed to
concurrent resolution on the budget for the fiscal year from
the Committee's section 302(a) allocation.
------------------------------------------------------------------------
Section 302(b) Recommended in
allocation this bill \1\
------------------------------------------------------------------------
Budget authority:
Mandatory........................... 548 546
Discretionary....................... 34,904 34,904
-------------------------------
Total budget authority............ 35,452 35,450
===============================
Outlays:
Mandatory........................... 577 577
Discretionary....................... 35,977 35,968
-------------------------------
Total outlays..................... 36,554 36,545
------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority and from H.R.
3908, Emergency Supplemental Appropriations for Fiscal 2000.
Five-Year Outlay Projections
In compliance with section 308(a)(1)(B) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the following table contains
five-year projections associated with the budget authority
provided in the accompanying bill:
Fiscal year 2000 outlays
[In millions of dollars]
Budget authority........................................ 35,450
Outlays:
2001................................................ 24,001
2002................................................ 6,600
2003................................................ 3,466
2004................................................ 1,161
2005 and future years............................... 490
Assistance to State and Local Governments
In accordance with section 308(a)(1)(C) of the
Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344), as amended, the financial assistance to
State and local governments is as follows:
Millions
FY 2001 new budget authority............................ 3,599
FY 2001 outlays resulting therefrom..................... 558
Programs, Projects, and Activities
During fiscal year 2001, for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, the following information provides the
definition of the term ``program, project, and activity'' for
departments and agencies under the jurisdiction of the
Commerce, Justice, and State, the Judiciary, and Related
Agencies Subcommittees of the House and Senate. The term
``program, project, and activity'' shall include the most
specific level of budget terms identified in the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001, as passed by the House, and
the House report accompanying said Act.
In implementing any Presidential order, departments and
agencies shall apply the percentage reduction required for
fiscal year 2001 pursuant to the provisions of Public Law 99-
177 to each program, project, activity and subactivity
specified in the budget justification documents submitted to
the Committees on Appropriations of the House and Senate in
support of the fiscal year 2001 budget estimates, as amended,
for such departments and agencies, as modified by Congressional
action. In addition, the departments and agencies, in
implementing the Presidential order, shall apply the percentage
reduction required for fiscal year 2001 to each grantee of such
department or agency as applicable. In addition, the
departments and agencies in implementing the Presidential
order, shall not: (1) eliminate any program, project or
activity; (2) reorder priorities or funds; or (3) initiate any
program, project or activity that was not funded in the fiscal
year 2001 Appropriations Act. However, for purposes of program
execution, departments and agencies may propose reprogramming
between programs, projects and activities pursuant to the
provisions of the Committee's reprogramming procedures after
they implement the reductions under the Balanced Budget Act.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 286 OF THE IMMIGRATION AND NATIONALITY ACT
disposition of moneys collected under the provisions of this title
Sec. 286. (a) * * *
* * * * * * *
(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 providing all such services.
(2) The Attorney General will prepare and submit annually to
Congress statements of financial condition of the Genealogy
Fee.
(3) Any officer or employee of the Immigration and
Naturalization Service shall collect fees prescribed under
regulation before disseminating any requested genealogical
information.
(u) Premium Fee for Employment-Based Petitions and
Applications.--The Attorney General is authorized to establish
and collect a premium fee for employment-based petitions and
applications. This fee shall be used to provide certain
premium-processing services to business customers, and to make
infrastructure improvements in the adjudications and customer-
service processes. For approval of the benefit applied for, the
petitioner/applicant must meet the legal criteria for such
benefit. This fee shall be set at $1,000, shall be paid in
addition to any normal petition/application fee that may be
applicable, and shall be deposited as offsetting collections in
the Immigration Examinations Fee Account. The Attorney General
may adjust this fee according to the Consumer Price Index.
----------
SECTION 1 OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
Section 1. (a) Secretary of State.--
(1) * * *
(2) The Secretary [and the Deputy Secretary of
State], the Deputy Secretary of State, and the Deputy
Secretary of State for Management and Resources shall
be appointed by the President, by and with the advice
and consent of the Senate.
* * * * * * *
----------
SECTION 5313 OF TITLE 5, UNITED STATES CODE
Sec. 5313. Positions at level II
Level II of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Secretary of Defense.
Deputy Secretary of State.
Deputy Secretary of State for Management and
Resources.
* * * * * * *
----------
SECTION 605 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1990
PUBLIC LAW 101-162
Sec. 605. Five working days after enactment of this Act and
thereafter, the Federal Trade Commission shall assess and
collect filing fees established at [$45,000 which] (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 shall
be paid by persons acquiring voting securities or assets who
are required to file premerger notifications by the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a) and
the regulations promulgated thereunder. For purposes of said
Act, no notification shall be considered filed until payment of
the fee required by this section. Fees collected pursuant to
this section shall be divided evenly between and credited to
the appropriations, Federal Trade Commission, ``Salaries and
Expenses'' and Department of Justice, ``Salaries and Expenses,
Antitrust Division'': Provided, That fees in excess of
$40,000,000 in fiscal year 1990 shall be deposited to the
credit of the Treasury of the United States: Provided further,
That fees made available to the Federal Trade Commission and
the Antitrust Division herein shall remain available until
expended.
transfer of funds
Pursuant to clause 3(f)(2) of rule XII of the Rules of the
House of Representatives, language included under ``National
Oceanic and Atmospheric Administration, Operations, Research
and Facilities'' and ``National Oceanic and Atmospheric
Administration, Procurement, Acquisition and Construction''
provides certain transfer authority.
rescissions
Pursuant to clause 3(f)(2) of rule XII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Department of Transportation, Maritime Administration,
Maritime Guaranteed Loan (Title XI) Program Account. -7,644,000
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 1
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2000.
Motion by: Mr. Knollenberg.
Description of motion: To insert a provision prohibiting
the use of funds provided in the bill to take certain actions
to implement the Kyoto Protocol on global climate change, which
has not been ratified by the Senate; and to insert accompanying
report language.
Results: Adopted 29 yeas to 27 nays.
Members Voting Yea Members Voting Nay
Mr. Aderholt Mr. Boyd
Mr. Bonilla Mr. Cramer
Mr. Callahan Ms. DeLauro
Mr. Dickey Mr. Dicks
Mrs. Emerson Mr. Dixon
Mr. Frelinghuysen Mr. Edwards
Mr. Goode Mr. Farr
Ms. Granger Mr. Forbes
Mr. Hobson Mr. Hinchey
Mr. Istook Mr. Hoyer
Mr. Kingston Mr. Jackson
Mr. Knollenberg Ms. Kaptur
Mr. Kolbe Ms. Kilpatrick
Mr. Latham Mrs. Lowey
Mr. Lewis Mrs. Meek
Mr. Miller Mr. Mollohan
Mr. Nethercutt Mr. Murtha
Mrs. Northup Mr. Obey
Mr. Packard Mr. Olver
Mr. Peterson Mr. Pastor
Mr. Regula Ms. Pelosi
Mr. Rogers Mr. Porter
Mr. Skeen Mr. Price
Mr. Sununu Ms. Roybal-Allard
Mr. Tiahrt Mr. Sabo
Mr. Wamp Mr. Serrano
Mr. Wicker Mr. Visclosky
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 2
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mr. Serrano.
Description of motion: To increase by $164,000,000 the
amounts provided in the bill for the Legal Services
Corporation.
Results: Adopted 26 yeas to 27 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Bonilla
Mr. Cramer Mr. Cunningham
Ms. DeLauro Mr. Dickey
Mr. Dicks Mr. Frelinghuysen
Mr. Dixon Mr. Goode
Mr. Edwards Ms. Granger
Mr. Farr Mr. Hobson
Mr. Forbes Mr. Istook
Mr. Hinchey Mr. Kingston
Mr. Hoyer Mr. Knollenberg
Mr. Jackson Mr. Kolbe
Ms. Kaptur Mr. Latham
Ms. Kilpatrick Mr. Lewis
Mrs. Lowey Mr. Miller
Mrs. Meek Mr. Nethercutt
Mr. Mollohan Mrs. Northup
Mr. Moran Mr. Packard
Mr. Murtha Mr. Peterson
Mr. Obey Mr. Rogers
Mr. Olver Mr. Skeen
Mr. Pastor Mr. Sununu
Ms. Pelosi Mr. Taylor
Mr. Price Mr. Tiahrt
Ms. Roybal-Allard Mr. Wamp
Mr. Sabo Mr. Wicker
Mr. Serrano Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
ROLLCALL NO. 3
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Ms. DeLauro.
Description of motion: To decrease by $28,000,000 amounts
provided for the Telecommunications Carrier Compliance Fund
(CALEA) and to provide $28,000,000 for direct assistance and
research for lobster fisheries in the Long Island Sound.
Results: Rejected 24 yeas to 28 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Aderholt
Mr. Cramer Mr. Bonilla
Mr. Cunningham Mr. DeLay
Ms. DeLauro Mr. Dickey
Mr. Dicks Mr. Frelinghuysen
Mr. Dixon Mr. Goode
Mr. Edwards Ms. Granger
Mr. Farr Mr. Hodson
Mr. Forbes Mr. Istook
Mr. Hinchey Mr. Knollenberg
Mr. Hoyer Mr. Kolbe
Mr. Jackson Mr. Latham
Ms. Kaptur Mr. Lewis
Ms. Kilpatrick Mr. Miller
Mrs. Lowey Mr. Nethercutt
Mr. Moran Mrs. Northup
Mr. Obey Mr. Packard
Mr. Olver Mr. Peterson
Ms. Pelosi Mr. Porter
Mr. Price Mr. Regula
Ms. Roybal-Allard Mr. Rogers
Mr. Sabo Mr. Skeen
Mr. Serrano Mr. Sununu
Mr. Walsh Mr. Taylor
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
ROLLCALL NO. 4
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mr. Dixon.
Description of motion: To increase State Department
Contributions for International Peacekeeping Activities by
$240,566,000 and to strike report language pertaining to
specific peacekeeping mission.
Results: Rejected 26 yeas to 27 nays.
Members Voting Yea Members Voting Nay
Mr. Aderholt Mr. Bonilla
Mr. Boyd Mr. Callahan
Ms. DeLauro Mr. Cunningham
Mr. Dickey Mr. DeLay
Mr. Dicks Mrs. Emerson
Mr. Dixon Mr. Frelinghuysen
Mr. Edwards Mr. Goode
Mr. Farr Ms. Granger
Mr. Forbes Mr. Hobson
Mr. Hinchey Mr. Istook
Mr. Hoyer Mr. Kingston
Mr. Jackson Mr. Knollenberg
Ms. Kilpatrick Mr. Latham
Mr. Kolbe Mr. Lewis
Mrs. Lowey Mr. Miller
Mrs. Meek Mr. Nethercutt
Mr. Moran Mr. Packard
Mr. Obey Mr. Peterson
Mr. Olver Mr. Regula
Ms. Pelosi Mr. Rogers
Mr. Price Mr. Skeen
Ms. Roybal-Allard Mr. Taylor
Mr. Sabo Mr. Tiahrt
Mr. Serrano Mr. Walsh
Mr. Visclosky Mr. Wamp
Mr. Wolf Mr. Wicker
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those against,
are printed below:
rollcall no. 5
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mr. Obey.
Description of motion: To increase the amount provided for
the Federal Trade Commission by $30,000,000 and increase the
amount provided for the Department of Justice, Antitrust
Division by $21,000,000.
Results: Rejected 19 yeas to 26 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Aderholt
Ms. DeLauro Mr. Bonilla
Mr. Dicks Mr. Callahan
Mr. Edwards Mr. Cunningham
Mr. Farr Mr. Dickey
Mr. Hinchey Mrs. Emerson
Mr. Hoyer Mr. Goode
Mr. Jackson Ms. Granger
Mrs. Lowey Mr. Hobson
Mrs. Meek Mr. Kolbe
Mr. Mollohan Mr. Latham
Mr. Moran Mr. Lewis
Mr. Obey Mr. Miller
Mr. Olver Mr. Nethercutt
Mr. Price Mr. Packard
Ms. Roybal-Allard Mr. Peterson
Mr. Sabo Mr. Porter
Mr. Serrano Mr. Regula
Mr. Visclosky Mr. Rogers
Mr. Skeen
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those against,
are printed below:
rollcall no. 6
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mrs. Lowey.
Description of motion: To strike a provision under the
Department of State, Contributions to International
Organizations, that conditions a portion of the funding
provided upon certifications that the United Nations has taken
no action to exceed its biennial budget.
Results: Rejected 18 yeas to 34 nays.
Members Voting Yea Members Voting Nay
Ms. DeLauro Mr. Aderholt
Mr. Edwards Mr. Bonilla
Mr. Farr Mr. Boyd
Mr. Hinchey Mr. Cramer
Mr. Hoyer Mr. Cunningham
Mr. Jackson Mr. DeLay
Ms. Kilpatrick Mr. Dickey
Mrs. Lowey Mrs. Emerson
Mrs. Meek Mr. Frelinghuysen
Mr. Moran Mr. Goode
Mr. Obey Ms. Granger
Mr. Olver Mr. Hobson
Mr. Pastor Mr. Kingston
Mr. Price Mr. Knollenberg
Ms. Roybal-Allard Mr. Kolbe
Mr. Sabo Mr. Latham
Mr. Serrano Mr. Lewis
Mr. Visclosky Mr. Miller
Mr. Nethercutt
Mrs. Northup
Mr. Packard
Mr. Peterson
Mr. Porter
Mr. Regula
Mr. Rogers
Mr. Skeen
Mr. Sununu
Mr. Taylor
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 7
Date: June 14, 2000.
Measures: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mr. Serrano.
Description of motion: To increase funding for various
accounts in the bill to the following levels: Commission on
Civil Rights, $11,000,000; Equal Employment Opportunity
Commission; $322,000,000; General Legal Activities,
$535,060,000; Community Relations Service; $9,829,000; and
Community Oriented Policing Services, $625,000,000, of which
$30,000,000 is designated for certain purposes.
Results: Rejected 17 yeas to 35 nays.
Members Voting Yea Members Voting Nay
Ms. DeLauro Mr. Aderholt
Mr. Edwards Mr. Bonilla
Mr. Farr Mr. Boyd
Mr. Hinchey Mr. Callahan
Mr. Hoyer Mr. Cramer
Mr. Jackson Mr. Cunningham
Ms. Kilpatrick Mr. DeLay
Mrs. Lowey Mr. Dickey
Mrs. Meek Mrs. Emerson
Mr. Moran Mr. Frelinghuysen
Mr. Obey Mr. Goode
Mr. Olver Ms. Granger
Mr. Pastor Mr. Hobson
Ms. Roybal-Allard Mr. Kingston
Mr. Sabo Mr. Knollenberg
Mr. Serrano Mr. Kolbe
Mr. Visclosky Mr. Latham
Mr. Lewis
Mr. Miller
Mr. Nethercutt
Mrs. Nothup
Mr. Packard
Mr. Peterson
Mr. Porter
Mr. Regula
Mr. Rogers
Mr. Skeen
Mr. Sununu
Mr. Taylor
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 8
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mr. Obey.
Description of motion: To increase various accounts by
$22,000,000 for a Trade Monitoring and Compliance Initiative.
Results: Rejected 24 yeas to 29 nays.
Members Voting Yea Members Voting Nay
Mr. Aderholt Mr. Bonilla
Mr. Boyd Mr. Callahan
Mr. Cramer Mr. Cunningham
Ms. DeLauro Mr. DeLay
Mr. Dicks Mr. Dickey
Mr. Edwards Mrs. Emerson
Mr. Farr Mr. Frelinghuysen
Mr. Hinchey Mr. Goode
Mr. Hoyer Ms. Granger
Ms. Kilpatrick Mr. Hobson
Mrs. Lowey Mr. Knollenberg
Mrs. Meek Mr. Kolbe
Mr. Mollohan Mr. Lewis
Mr. Moran Mr. Miller
Mr. Murtha Mr. Nethercutt
Mr. Obey Mrs. Northup
Mr. Olver Mr. Packard
Mr. Pastor Mr. Peterson
Ms. Pelosi Mr. Porter
Mr. Price Mr. Regula
Ms. Roybal-Allard Mr. Rogers
Mr. Sabo Mr. Skeen
Mr. Serrano Mr. Sununu
Mr. Visclosky Mr. Taylor
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 9
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mr. Farr.
Description of motion: To increase by $86,000,000 the
amounts provided in the bill for the National Oceanic and
Atmospheric Administration.
Results: Rejected 22 yeas to 28 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Aderholt
Mr. Cramer Mr. Bonilla
Ms. DeLauro Mr. Cunningham
Mr. Dicks Mr. DeLay
Mr. Edwards Mr. Dickey
Mr. Farr Mrs. Emerson
Mr. Hoyer Mr. Frelinghuysen
Ms. Kaptur Ms. Granger
Ms. Kilpatrick Mr. Hobson
Mrs. Lowey Mr. Kingston
Mrs. Meek Mr. Knollenberg
Mr. Mollohan Mr. Kolbe
Mr. Moran Mr. Lewis
Mr. Murtha Mr. Miller
Mr. Obey Mr. Nethercutt
Mr. Olver Mrs. Northup
Ms. Pelosi Mr. Packard
Mr. Price Mr. Porter
Ms. Roybal-Allard Mr. Regula
Mr. Sabo Mr. Rogers
Mr. Serrano Mr. Skeen
Mr. Visclosky Mr. Sununu
Mr. Taylor
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 10
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Mrs. Lowery.
Description of motion: To designate $150,000,000 under
Department of Justice, Community Oriented Police Services for
community prosecutors in high gun violence areas.
Results: Rejected 18 yeas to 31 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Aderholt
Ms. DeLauro Mr. Bonilla
Mr. Dicks Mr. Callahan
Mr. Edwards Mr. Cramer
Mr. Farr Mr. Cunningham
Mr. Hinchey Mr. DeLay
Ms. Kilpatrick Mr. Dickey
Mrs. Lowey Mr. Frelinghuysen
Mrs. Meek Mr. Goode
Mr. Moran Ms. Granger
Mr. Obey Mr. Hobson
Mr. Olver Mr. Kingston
Mr. Pastor Mr. Knollenberg
Ms. Pelosi Mr. Kolbe
Mr. Price Mr. Latham
Ms. Roybal-Allard Mr. Miller
Mr. Serrano Mr. Nethercutt
Mr. Visclosky Mrs. Northup
Mr. Packard
Mr. Peterson
Mr. Porter
Mr. Regula
Mr. Rogers
Mr. Skeen
Mr. Sununu
Mr. Taylor
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 11
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and related Agencies Appropriations Bill, FY 2001.
Motion by: Mrs. Lowey.
Description of Motion: To increase by $79,000,000 amounts
provided in the bill for Department of Commerce, Public
Telecommunications Facilities, Planning and Construction.
Results: Rejected 20 yeas to 31 nays.
Members Voting Yea Members Voting Nay
Mr. Boyd Mr. Aderholt
Mr. Cramer Mr. Bonilla
Mr. DeLauro Mr. Callahan
Mr. Dicks Mr. Cunningham
Mr. Edwards Mr. DeLay
Mr. Farr Mr. Dickey
Mr. Hinchey Mrs. Emerson
Mr. Hoyer Mr. Frelinghuysen
Ms. Kaptur Mr. Goode
Ms. Kilpatrick Ms. Granger
Mrs. Lowey Mr. Hobson
Mrs. Meek Mr. Knollenberg
Mr. Moran Mr. Kolbe
Mr. Obey Mr. Latham
Mr. Olver Mr. Miller
Mr. Pastor Mr. Nethercutt
Ms. Pelosi Mrs. Northup
Mr. Price Mr. Packard
Ms. Roybal-Allard Mr. Peterson
Mr. Serrano Mr. Porter
Mr. Regula
Mr. Rogers
Mr. Skeen
Mr. Sununu
Mr. Taylor
Mr. Tiahrt
Mr. Walsh
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 12
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Ms. Kaptur.
Description of motion: To earmark such sums as may be
necessary within the Economic Development Administration to
assist certain communities.
Results: Rejected 20 yeas to 29 nays.
Members Voting Yea Members Voting Nay
Mr. Aderholt Mr. Bonilla
Mr. Boyd Mr. Callahan
Ms. DeLauro Mr. Cunningham
Mr. Dicks Mr. DeLay
Mr. Edwards Mr. Dickey
Mr. Farr Mrs. Emerson
Mr. Hinchey Mr. Frelinghuysen
Mr. Hoyer Mr. Goode
Ms. Kaptur Mr. Hobson
Ms. Kilpatrick Mr. Kingston
Mrs. Lowey Mr. Knollenberg
Mrs. Meek Mr. Kolbe
Mr. Moran Mr. Latham
Mr. Obey Mr. Miller
Mr. Olver Mr. Nethercutt
Mr. Pastor Mrs. Northup
Ms. Pelosi Mr. Packard
Mr. Price Mr. Peterson
Ms. Roybal-Allard Mr. Porter
Mr. Serrano Mr. Regula
Mr. Rogers
Mr. Skeen
Mr. Sununu
Mr. Taylor
Mr. Tiahrt
Mr. Wamp
Mr. Wicker
Mr. Wolf
Mr. Young
Full Committee Votes
Pursuant to the provisions of clause 3(a)(1)(b) of rule
XIII of the House of Representatives, the results of each
rollcall vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
rollcall no. 13
Date: June 14, 2000.
Measure: Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Bill, FY 2001.
Motion by: Ms. DeLauro.
Description of motion: To delete provisions in the bill
that modify Section 109 of the Department of Justice
Appropriations Act, 1995, and would require notification of
expenditures from the Health Care Fraud and Abuse Control
Account; and to insert a new provision that would require
distribution of funds recovered from tobacco litigation.
Results: Rejected 19 yeas to 30 nays.
Members Voting Yea Members Voting Nay
Ms. DeLauro Mr. Aderholt
Mr. Dicks Mr. Bonilla
Mr. Edwards Mr. Boyd
Mr. Farr Mr. Callahan
Mr. Hinchey Mr. Cunningham
Mr. Hoyer Mr. DeLay
Ms. Kaptur Mr. Dickey
Ms. Kilpatrick Mrs. Emerson
Mrs. Lowey Mr. Frelinghuysen
Mrs. Meek Mr. Goode
Mr. Moran Ms. Granger
Mr. Obey Mr. Hobson
Mr. Pastor Mr. Knollenberg
Ms. Pelosi Mr. Kolbe
Mr. Porter Mr. Latham
Ms. Roybal-Allard Mr. Miller
Mr. Serrano Mr. Mollohan
Mr. Wolf Mr. Nethercutt
Mr. Young Mrs. Northup
Mr. Packard
Mr. Peterson
Mr. Price
Mr. Regula
Mr. Rogers
Mr. Skeen
Mr. Sununu
Mr. Taylor
Mr. Tiahrt
Mr. Wamp
Mr. Wicker
Comparative Statement of New Budget (Obligational) Authority
The following table provides a detailed summary, for each
Department and agency, comparing the amounts recommended in the
bill with fiscal year 2000 enacted amounts and budget estimates
presented for fiscal year 2001:
ADDITIONAL VIEWS OF HON. JOSE SERRANO AND HON. DAVID OBEY
The fiscal year 2001 Commerce-Justice-State-Judiciary
appropriations bill represents at best an unbalanced approach
to spending priorities, and at worst an unnecessary exercise in
futility, since the Majority party knows this bill will look
drastically different before it can become law. While some of
the problems in the previous year's House version of this bill
no longer exist (declaring the decennial Census to be an
unforeseen emergency, for example), many of the problems with
last year's bill are repeated, and several new concerns have
been identified.
The fiscal year 2001 Commerce-Justice-State spending bill
does not fulfill the challenges of the changing national and
global environmental and economy. The lack of balance in the
funding provided shortchanges not only programs necessary to
ensure a fair and equitable business environment, but also
programs aimed at protecting the nation's most vulnerable
citizens. The reason this bill does not meet these challenges
is not specifically due to the leadership of the Appropriations
Committee. The fundamental problem lies with the Majority
party's insistence on cutting taxes by $170 billion over the
next five years, and financing these cuts with unrealistic
reductions in discretionary spending. The Majority continues to
promote the fiction that their unaffordable tax cuts can be
paid for by reducing discretionary spending--and that spending
can be reduced without damaging programs. That is simply not
true--and this bill in its current form is a key example of the
results of that way of thinking.
The Commerce-Justice-State bill does not have to be a
partisan exercise, yet each year it becomes increasingly more
so. Both parties agree that lowering the nation's crime rate is
a priority Federal activity. Both parties support economic
growth through fair trade and expanded technological
innovation. Both parties are committed to American leadership
in world diplomacy. Yet the Majority party leadership in this
House insists on sacrificing the funds needed to meet these
bipartisan goals in order to offer enormous tax cuts mostly
targeted at the richest families in the country.
There are several critical concerns with this legislation
that need to be highlighted to all Members of the House:
First--while the bill provides increased funding levels for
the Department of Justice, particularly for Federal law
enforcement agencies and for detention, it severely underfunds
other Justice priorities, including initiatives aimed at
maintaining competition to protect the rights of businesses and
consumers, and programs that protect the civil rights of all
Americans.
Second, the bill continues to starve the Department of
Commerce, by cutting programs and activities that are key to
ensuring continued economic prosperity and growth for this
Nation, and denying increases requested by the Administration
designed to further those goals.
Third, while the bill includes full funding for embassy
security and maintains current services levels for most State
Department programs, there are funding shortfalls and language
provisions that create more UN and peacekeeping arrears instead
of honoring the commitments made in prior years.
Fourth, the bill as reported continues the game played for
the past five years of underfunding the Legal Services
Corporation and expecting the situation to be partially
corrected in a Floor amendment through cuts in other programs
in the bill.
Finally, the bill includes several language provisions that
are controversial at best, and would lead to a veto of this
bill by the President if not changed.
Following are additional details on the shortcomings of
this fiscal year 2001 Commerce-Justice-State-Judiciary
appropriations bill, and the Democratic efforts to improve the
bill during consideration by the Full Appropriations Committee.
department of justice and related agencies
The Committee continues to make funding crime at all levels
a high priority, and the results of these efforts are evident
in falling crime rates.Yet certain agencies within the Justice
Department continue to be cavalier about their responsibility to manage
their resources efficiently and effectively. Rather than disciplining
those agencies for not following the direction of Congress, the
Majority has chosen to reward them with funding increases.
While the Department of Justice in total fares better under
this mark than the other departments and agencies funded in
this bill, there are still major shortfalls in the bill for
certain DOJ components, particularly: (1) Maintaining
competition in the marketplace to ensure the protection of the
rights of consumers; (2) protecting and preserving civil rights
of all Americans; and (3) ensuring the reimbursement to the
Treasury of money paid by the taxpayers to treat tobacco
related illnesses.
Antitrust and Federal Trade Commission.--In the area of
maintaining competition, the majority party again fails to
provide the necessary resources to ensure that DOJ's Antitrust
Division, as well as the independent Federal Trade Commission,
can keep pace with changing economic realities. The current
globalization and consolidation of businesses, both U.S.-owned
and foreign, are expected to continue, and the importance of
preserving economic competition in the global marketplace
cannot be overstated. The threat to consumers is real: Anti-
competitive behavior leads directly to higher prices and
reduced efficiency and innovation. The amounts provided in this
bill will barely allow the Antitrust Division to keep up with
inflation, and do nothing to provide the resources necessary to
allow the Division, as well as the FTC, to keep up with a
crushing workload that is without historical precedent.
These two agencies more than pay for themselves, receiving
their funding from pre-merger filing fees collected under the
Hart-Scott-Rodino Act. This bill provides for changes in those
filing fees that increase the resulting revenues from those
fees by $100 million. Yet the Majority party has proposed to
invest less than $14 million of those increased fee revenues
back into the two agencies responsible for doing the work that
relates to these fees--resulting in more than $85 million in
scorekeeping adjustments that are used to offset other spending
in this bill. The Committee could have fully funded the
requests of the Antitrust Division and the Federal Trade
Commission and still had more than $35 million to invest in
other priorities in this bill.
An amendment offered at Full Committee by Mr. Obey to
restore the funding for the Antitrust Division and the FTC to
their full requested levels, an additional $50.5 million above
the amounts provided in the bill (Roll Call No. 5) failed 19-26
on a party line vote.
Civil Rights programs.--Other shortfalls in the
recommendation for the Department of Justice are the
recommended funding levels for programs related to the
enforcement and protection of civil rights for all Americans.
Funding for DOJ's Civil Rights Division is reduced below the
request, and is inadequate to maintain current services.
Moreover, the funding level in the reported bill does not
provide funding to carry out important initiatives such as
addressing police brutality through pattern and practice
investigations; combating abuse and neglect in institutions
such as nursing homes, mental health facilities and juvenile
detention and correctional facilities; addressing potential
post-Census voting rights cases, and more aggressively
investigating and prosecuting hate crimes.
The bill also continues to shortchange the budget of the
Community Relations Service, an agency charged with assisting
States and local communities in resolving conflicts and
preventing racial and ethnic violence--the only Federal agency
with such a mandate. The bill also does not provide for new and
expanded grant programs under the COPS program for community
crime prevention activities related to civil rights, including
the Police Integrity and Hate Crimes training initiative, and
police recruitment to encourage diversified applicants to
reflect the communities they serve.
The bill also underfunds other critical agencies involved
in civil rights, including the U.S. Commission on Civil Rights,
funded slightly below current year levels and 19 percent below
the amount requested; and the Equal Employment Opportunity
Commission, which is given an increase of $9 million above
current year levels, but is still almost 10 percent below the
Administration's request.
An amendment by Mr. Serrano at Full Committee, which sought
to restore funding for many of these programs to the requested
levels, was defeated (Roll Call No. 7).
Legal Services Corporation.--The fiscal year 2001 Commerce-
Justice-State spending bill continues the charade of
purposefully underfunding the Legal Services Corporation, the
government agency charged with assuring that poor people have
access to equal justice under the law. The bill as reported
includes only $141 million for the Legal Services Corporation,
a decrease of $164 million below current year appropriated
levels of $305 million and $199 million below the request of
$340 million. This is the sixth year in a row that the
Subcommittee has reported a bill that includes only $141million
for the LSC, a number that represented one-third of the FY 1995
appropriated levels for LSC, but is absolutely meaningless now.
For the past five years, an amendment on the House Floor
has been offered by the Ranking Member of the Subcommittee,
supported on a bipartisan basis, restoring the funding level
for LSC to about $250 million by cutting other accounts in the
bill. As the funding in this bill gets increasingly tighter, it
becomes harder and harder to find places to cut in order to
offset the add-back for LSC. The outlay rate for this account
is high, so it is difficult to find accounts in the bill to cut
that would not result in reductions in force. And the level of
$250 million that has typically been restored is still far
short of the amount needed to maintain critical legal
assistance for the country's poor and disadvantaged. It is time
to stop using the LSC as a pawn in a meaningless game played by
the Majority, and to fund this important agency at the amount
required to ensure no reduction in the level of legal services
available to the poor.
An amendment offered by Mr. Serrano at Full Committee,
which would have only restored funding for Legal Services
Corporation to the current year funding level of $305 million,
was defeated by a vote of 26 Yeas to 27 Nays (Roll Call No. 2).
Tobacco Riders.--This bill includes two general provisions
under Title I which contribute to the Majority party's effort
to defund the Department of Justice's lawsuit against tobacco
companies for the purpose of recovering health care costs.
These provisions, sections 110 and 113 of the reported bill,
represent just one more attempt to both put an end to the
tobacco lawsuit and protect one of the Majority party's most
generous political contributors. Section 110 and 113 would
effectively prohibit the transfer of funds from other agencies
to cover the costs of the lawsuit.
During debate on this language, and on similar riders
included in other bills, it has been asserted that there is no
need for other agencies to pay for the tobacco lawsuit--that
the Department of Justice should be funding the litigation. Yet
when the Administration requested direct funding under the
Justice Department for the tobacco lawsuit in fiscal year 2000
(a total of $20 million), that request was denied by this
Subcommittee.
An amendment offered by Ms. DeLauro at Full Committee to
delete these two provisions, and add a new section that would
clarify that any recoveries in the tobacco litigation in fiscal
year 2001 and thereafter would be available immediately to the
Department of Veterans Affairs, the Department of Defense, and
the Department of Health and Human Services for medical care
activities, was defeated (Roll Call No. 13).
department of commerce and related agencies
The funding level in this bill will severely undercut the
Department's ability to perform its critical role in fostering
economic growth in trade and technology and promoting sound
environmental stewardship. At over $1 billion below the
President's request for fiscal year 2001, this bill fails to
make many of the necessary inflationary adjustments to the
Commerce Department's base funding from last year--something
the bill does include for the Department of Justice and other
agencies. If the Department's funding remains at the bill's
proposed levels, significant lay-offs could occur and important
programs and activities would be jeopardized.
Trade Compliance Initiative.--One new initiative not funded
in this recommendation is the President's Trade Compliance
initiative. This $22 million initiative, under the Department
of Commerce International Trade Administration, the Office of
the U.S. Trade Representative, the Department of State and the
Department of Agriculture, is intended to support trade
compliance efforts with China and to more rigorously enforce
current trade agreements.
Just one month ago, on May 24, 2000, the House passed H.R.
4444, a bill to grant Child permanent normal trading relations
with the United States. During the debate on that bill,
supporters of granting China an expanded trade relationship--
including the leaders of the Majority party--spoke of the need
to rigorously enforce that agreement. This bill fails to
provide any of the additional funds identified by the
Administration as necessary to ensure reliable oversight,
monitoring, and enforcement of the China trade agreement.
During Full Committee markup of this bill, Mr. Obey offered
an amendment to restore $22 million, the full amount requested
for the Administration's Trade Compliance Initiative. That
amendment was rejected on party line vote (Roll Call No. 8).
National Oceanic and Atmospheric Administration.--Another
failure in this bill is the overall funding for the National
Oceanographic and Atmospheric Administration (NOAA), which is
cut $113 million below current year levels and $530 million
below the budget request for fiscal year 2001. The Majority
argues that the cuts below the current fiscal year reflect
projects earmarked by the other body and thus will have no
programmatic impact on the core operations of the National
Ocean Service, the National MarineFisheries Service, the
National Weather Service, and Oceanic and Atmospheric Research. Yet a
closer look at the cuts reveals that there will be significant impacts:
The failure to provide inflationary cost increases for core programs,
and other cuts in line items that fund ongoing research and operational
programs, could lead to staffing reductions of up to 1,000 NOAA
employees. These cuts could mean that NOAA customers would receive
reduced services--including nautical charts, long-term climate and
weather data, and fishery stock assessments.
At the Full Committee markup of this bill, Mr. Farr offered
an amendment that would have restored most components of NOAA
to their total current year funding level, and redirected the
additional spending to investments in the core programs of each
line agency. This amendment would have allowed for the
expansion of certain coastal, fisheries, and research programs
toward the levels requested in the President's fiscal year 2001
budget request. This amendment (Roll Call No. 9) failed on a
party line vote.
Public Broadcasting Digital Conversion.--This bill as
reported fails to adequately fund the transition to digital
broadcasting for many public television and radio stations.
Failure to adequately fund the transition to Digital
broadcasting of many public television and radio stations at
the President's request level jeopardizes public broadcasting's
ability to comply with a congressional mandate to switch from
analog to digital transmission. The Telecommunications Act of
1996 and the Balanced Budget Act of 1997 require that the
analog spectrum currently used by television broadcasters be
auctioned and the funds returned to the U.S. Treasury. In
compliance with these Acts, the Federal Communications
Commission (FCC) adopted rules which require that all public
television stations begin digital broadcasting by May 1, 2003.
All analog television broadcasting must be discontinued by May
1, 2006. For many stations, the cost of digital conversion is
projected to exceed their annual revenues. If forced to convert
without Federal assistance, many stations, especially in small
and rural markets, will be forced to reduce their services or
even go off the air.
An amendment offered by Ms. Lowey at Full Committee to
restore funding for the Public Telecommunications Facilities
Program to the full requested level of $110 million was
rejected on a party line vote (Roll Call No. 11)
Economic Statistics.--In the area of economic statistics,
funding levels have remained virtually unchanged for the last
five years. During this time the Republicans in Congress have
denied annual budget requests to fund economic statistical
initiatives, developed in concert with data users, to maintain
and improve the quality of the GDP and to keep pace with the
rapidly growing economy. No one can deny that the economy and
the way Americans do business is changing. But funding the non-
decennial Census statistical agencies at these constrained
levels places them further behind schedule in multi-year plans
to update and improve economic accounts. While these programs
have gone unfunded, the magnitude and scope of the gaps and
discrepancies in economic statistics have increased, and the
cost and effort needed to fix the problems have only
multiplied.
state department
This Committee has been instrumental in getting reforms in
the United Nations in exchange for our commitment to pay the
back dues we owe the U.N. and its specialized agencies. With
the funding of the full amount owed for prior arrears completed
in the fiscal year 2000 bill, this issue should be behind us.
But here we go again--this bill includes two provisions that
create more U.N. arrears instead of honoring our commitment to
finally pay our bills.
First, $100 million of our U.N. dues payment is fenced
pending a semiannual State Department certification that the
U.N. is living within its approved budget. Since the U.S. pays
25% of the U.N. budget in the last quarter of the budget year,
delaying payment of over one-third of the U.S. contribution for
more than six months deprives the U.N. of sorely needed
operating funds and puts the U.S. into further arrears. Second,
U.N. Peacekeeping is underfunded by $240 million or 33%, and
report language is included that specifically denies funding
for U.N. African missions in Sierra Leone, Congo, Angola,
Ethiopia/Eritrea, and Western Sahara. Both provisions reduce
our leverage at the time when we are trying to lower our U.N.
assessment rate and achieve further reforms at the U.N. Both
actions will create further arrears at the U.N., reinforcing
the image painted by our international adversaries of the U.S.
as a deadbeat when it comes to paying U.N. dues.
Refusing to pay for U.N. peacekeeping could also result in
much heavier expenses being passed on to the U.S. taxpayers.
Problems not dealt with on a multilateral basis are likely to
fester and create a level ofinternational instability that can
not be ignored and may require the commitment of U.S. troops. Currently
U.S. troops are not involved in any of the peacekeeping missions at
issue, and the U.S. is responsible for only one quarter of the costs of
the U.N. troops from other nations, most of which can be deployed at a
fraction of the cost of using U.S. troops. United Nations peacekeeping
missions can prevent further bloodshed and reduce tragedies in ares of
the world, without the U.S. having to send in troops. However, we do
have a responsibility to pay our fair share to the troop-contributing
countries. It is ironic that the same Majority party that insisted on
reforms in the U.N. is now tying the hands of the State Department in
terms of being able to negotiate those very reforms. We can't convince
other U.N. members to vote to lower our assessment rate from 25% to 22%
(causing their own rates to increase) at the same time that we are
going further into arrears by not paying our bills.
Congress is being shortsighted in trying to micromanage
U.N. peacekeeping efforts by not approving the payment of bills
from already appropriated funds for specific U.N. peacekeeping
missions. Report language directs the State Department to
``live within the appropriation and to take no action in terms
of extending existing missions or creating new missions for
which funding is not available.'' To comply with this report
language, the United States would have to exercise its veto
authority for new or expanded peacekeeping missions in the U.N.
Security Council based solely on approval of advance
notifications to the subcommittee chairman, regardless of the
world situation necessitating U.N. peacekeepers. Since the U.S.
cannot unilaterally regulate war and peace in the world, it
follows that we cannot solely determine whether hostilities in
different areas of the world will result in peace agreements
requiring U.N. peacekeepers. Funding for U.N. peacekeeping
should not be capped at a particular level because one
subcommittee chairman thinks that level is enough.
During consideration of this bill at Full Committee, Mr.
Dixon offered an amendment (Roll Call No. 4) to restore $241
million for U.N. assessed peacekeeping payments, to the total
requested level of $739 million. The amendment, which was
rejected by only one vote (26 Yeas to 27 Nays), would also have
eliminated report language prohibiting funding for African
missions in Sierra Leone, Congo, Angola, Ethiopia/Eritrea, and
Western Sahara.
conclusion
This bill can and should be improved in a variety of areas.
In addition to programs mentioned above, there are other
underfunded or unaddressed needs in this bill in the areas of
crime prevention, small business assistance, and the expansion
of technological innovations, that are far too numerous to
list. But the means to fully address all of the shortfalls in
the bill are not available within the Subcommittee's current
funding allocation. The Chairman of the Subcommittee has put
together a bill that seeks to reflect his own and his party's
priorities within the amounts available to him. In many cases,
the recommendations made in this bill reflect the priorities of
both parties, and we commend the Chairman for that. The
fundamental problem is the Majority party's overall budget
strategy, which seeks to shrink domestic appropriations in
order to finance their agenda of tax cuts targeted to the most
well off. This bill is a direct consequence of that budget
strategy.
Jose E. Serrano.
David Obey.
