--H.R.2670--
H.R.2670
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending September
30, 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2000, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department of
Justice, $79,328,000, of which not to exceed $3,317,000 is for the Facilities
Program 2000, to remain available until expended: Provided, That not
to exceed 43 permanent positions and 44 full-time equivalent workyears and
$8,136,000 shall be expended for the Department Leadership Program exclusive
of augmentation that occurred in these offices in fiscal year 1999:
Provided further, That not to exceed 41 permanent positions and 48
full-time equivalent workyears and $4,811,000 shall be expended for the
Offices of Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices may utilize non-reimbursable
details of career employees within the caps described in the aforementioned
proviso: Provided further, That the Attorney General is authorized to
transfer, under such terms and conditions as the Attorney General shall
specify, forfeited real or personal property of limited or marginal value, as
such value is determined by guidelines established by the Attorney General, to
a State or local government agency, or its designated contractor or
transferee, for use to support drug abuse treatment, drug and crime prevention
and education, housing, job skills, and other community-based public health
and safety programs: Provided further, That any transfer under the
preceding proviso shall not create or confer any private right of action in
any person against the United States, and shall be treated as a reprogramming
under section 605 of this Act.
JOINT AUTOMATED BOOKING SYSTEM
For expenses necessary for the nationwide deployment of a Joint Automated
Booking System, $1,800,000, to remain available until expended.
NARROWBAND COMMUNICATIONS
For the costs of conversion to narrowband communications as mandated by
section 104 of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 903(d)(1)), $10,625,000, to remain available until
expended.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney General,
$10,000,000, to remain available until expended, to reimburse any Department
of Justice organization for: (1) the costs incurred in reestablishing the
operational capability of an office or facility which has been damaged or
destroyed as a result of any domestic or international terrorist incident; and
(2) the costs of providing support to counter, investigate or prosecute
domestic or international terrorism, including payment of rewards in
connection with these activities: Provided, That any Federal agency
may be reimbursed for the costs of detaining in foreign countries individuals
accused of acts of terrorism that violate the laws of the United States:
Provided further, That funds provided under this paragraph shall be
available only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate in accordance
with section 605 of this Act.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
For payments authorized by section 109 of the Communications Assistance
for Law Enforcement Act (47 U.S.C. 1008), $15,000,000, to remain available
until expended.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and clemency
petitions and immigration related activities, $98,136,000.
In addition, $50,363,000, for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, as amended, $40,275,000;
including not to exceed $10,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General; and for
the acquisition, lease, maintenance, and operation of motor vehicles, without
regard to the general purchase price limitation for the current fiscal year:
Provided, That not less than $40,000 shall be transferred to and
administered by the Department of Justice Wireless Management Office for the
costs of conversion to narrowband communications and for the operations and
maintenance of legacy Land Mobile Radio systems.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission as
authorized by law, $7,380,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of, and to
be accounted for solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of Columbia,
$346,381,000; of which not to exceed $10,000,000 for litigation support
contracts shall remain available until expended: Provided, That of
the funds available in this appropriation, not to exceed $36,666,000 shall
remain available until expended for office automation systems for the legal
divisions covered by this appropriation, and for the United States Attorneys,
the Antitrust Division, and offices funded through `Salaries and Expenses',
General Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and representation
expenses.
In addition, $147,929,000, to be derived from the Violent Crime Reduction
Trust Fund, to remain available until expended for such purposes.
In addition, for reimbursement of expenses of the Department of Justice
associated with processing cases under the National Childhood Vaccine Injury
Act of 1986, as amended, not to exceed $4,028,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred laws,
$81,850,000: Provided, That, notwithstanding section 3302(b) of title
31, United States Code, not to exceed $81,850,000 of offsetting collections
derived from fees collected in fiscal year 2000 for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a) shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during fiscal year 2000,
so as to result in a final fiscal year 2000 appropriation from the general
fund estimated at not more than $0.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States Attorneys,
including inter-governmental and cooperative agreements, $1,161,957,000; of
which not to exceed $2,500,000 shall be available until September 30, 2001,
for: (1) training personnel in debt collection; (2) locating debtors and their
property; (3) paying the net costs of selling property; and (4) tracking debts
owed to the United States Government: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That not to
exceed $10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further,
That not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That
not to exceed $1,000,000 shall remain available until expended for the
expansion of existing Violent Crime Task Forces in United States Attorneys
Offices into demonstration projects, including inter-governmental,
inter-local, cooperative, and task-force agreements, however denominated, and
contracts with State and local prosecutorial and law enforcement agencies
engaged in the investigation and prosecution of violent crimes: Provided
further, That, in addition to reimbursable full-time equivalent workyears
available to the Offices of the United States Attorneys, not to exceed 9,120
positions and 9,398 full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program, as authorized
by 28 U.S.C. 589a(a), $112,775,000, to remain available until expended and to
be derived from the United States Trustee System Fund: Provided,
That, notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other
provision of law, $112,775,000 of offsetting collections derived from fees
collected pursuant to 28 U.S.C. 589a(b) shall be retained and used for
necessary expenses in this appropriation and remain available until expended:
Provided further, That the sum herein appropriated from the Fund
shall be reduced as such offsetting collections are received during fiscal
year 2000, so as to result in a final fiscal year 2000 appropriation from the
Fund estimated at $0: Provided further, That 28 U.S.C. 589a is
amended by striking `and' in subsection (b)(7); by striking the period in
subsection (b)(8) and inserting `; and'; and by adding a new paragraph as
follows: `(9) interest earned on Fund investment.'.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign Claims
Settlement Commission, including services as authorized by 5 U.S.C. 3109,
$1,175,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For necessary expenses of the United States Marshals Service; including
the acquisition, lease, maintenance, and operation of vehicles, and the
purchase of passenger motor vehicles for police-type use, without regard to
the general purchase price limitation for the current fiscal year,
$333,745,000, as authorized by 28 U.S.C. 561(i); of which not to exceed $6,000
shall be available for official reception and representation expenses; of
which not to exceed $4,000,000 for development, implementation, maintenance
and support, and training for an automated prisoner information system shall
remain available until expended; and of which not less than $2,762,000 shall
be for the costs of conversion to narrowband communications and for the
operations and maintenance of legacy Land Mobile Radio systems:
Provided, That such amount shall be transferred to and administered
by the Department of Justice Wireless Management Office.
In addition, $209,620,000, for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund.
CONSTRUCTION
For planning, constructing, renovating, equipping, and maintaining United
States Marshals Service prisoner-holding space in United States courthouses
and Federal buildings, including the renovation and expansion of prisoner
movement areas, elevators, and sallyports, $6,000,000, to remain available
until expended.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND, UNITED STATES
MARSHALS SERVICE
Beginning in fiscal year 2000 and thereafter, payment shall be made from
the Justice Prisoner and Alien Transportation System Fund for necessary
expenses related to the scheduling and transportation of United States
prisoners and illegal and criminal aliens in the custody of the United States
Marshals Service, as authorized in 18 U.S.C. 4013, including, without
limitation, salaries and expenses, operations, and the acquisition, lease, and
maintenance of aircraft and support facilities: Provided, That the
Fund shall be reimbursed or credited with advance payments from amounts
available to the Department of Justice, other Federal agencies, and other
sources at rates that will recover the expenses of Fund operations, including,
without limitation, accrual of annual leave and depreciation of plant and
equipment of the Fund: Provided further, That proceeds from the
disposal of Fund aircraft shall be credited to the Fund: Provided
further, That amounts in the Fund shall be available without fiscal year
limitation, and may be used for operating equipment lease agreements that do
not exceed 5 years.
FEDERAL PRISONER DETENTION
For expenses, related to United States prisoners in the custody of the
United States Marshals Service as authorized in 18 U.S.C. 4013, but not
including expenses otherwise provided for in appropriations available to the
Attorney General, $525,000,000, as authorized by 28 U.S.C. 561(i), to remain
available until expended.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems of witnesses, for
expenses of contracts for the procurement and supervision of expert witnesses,
for private counsel expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $95,000,000, to remain available until
expended; of which not to exceed $6,000,000 may be made available for
planning, construction, renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto, for protected
witness safesites; and of which not to exceed $1,000,000 may be made available
for the purchase and maintenance of armored vehicles for transportation of
protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service, established by
title X of the Civil Rights Act of 1964, $7,199,000 and, in addition, up to
$1,000,000 of funds made available to the Department of Justice in this Act
may be transferred by the Attorney General to this account: Provided,
That notwithstanding any other provision of law, upon a determination by the
Attorney General that emergent circumstances require additional funding for
conflict prevention and resolution activities of the Community Relations
Service, the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current fiscal year
for the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and (G),
as amended, $23,000,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accordance with the Radiation
Exposure Compensation Act, $2,000,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
For payments to the Radiation Exposure Compensation Trust Fund,
$3,200,000.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation, and prosecution
of individuals involved in organized crime drug trafficking not otherwise
provided for, to include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and prosecution of
individuals involved in organized crime drug trafficking, $316,792,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert to the Attorney
General for reallocation among participating organizations in succeeding
fiscal years, subject to the reprogramming procedures described in section 605
of this Act.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United States;
including purchase for police-type use of not to exceed 1,236 passenger motor
vehicles, of which 1,142 will be for replacement only, without regard to the
general purchase price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General,
$2,337,015,000; of which not to exceed $50,000,000 for automated data
processing and telecommunications and technical investigative equipment and
not to exceed $1,000,000 for undercover operations shall remain available
until September 30, 2001; of which not less than $292,473,000 shall be for
counterterrorism investigations, foreign counterintelligence, and other
activities related to our national security; of which not to exceed
$10,000,000 is authorized to be made available for making advances for
expenses arising out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative activities related
to violent crime, terrorism, organized crime, and drug investigations; and of
which not less than $50,000,000 shall be for the costs of conversion to
narrowband communications, and for the operations and maintenance of legacy
Land Mobile Radio systems: Provided, That such amount shall be
transferred to and administered by the Department of Justice Wireless
Management Office: Provided further, That not to exceed $45,000 shall
be available for official reception and representation expenses: Provided
further, That no funds in this Act may be used to provide ballistics
imaging equipment to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State or local
authority agrees to return that equipment or to repay that grant or subsidy to
the Federal Government.
In addition, $752,853,000 for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund, as
authorized by the Violent Crime Control and Law Enforcement Act of 1994, as
amended, and the Antiterrorism and Effective Death Penalty Act of 1996.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and sites by
purchase, or as otherwise authorized by law (including equipment for such
buildings); conversion and extension of federally-owned buildings; and
preliminary planning and design of projects, $1,287,000, to remain available
until expended.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration, including
not to exceed $70,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; expenses for conducting
drug education and training programs, including travel and related expenses
for participants in such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to exceed 1,358
passenger motor vehicles, of which 1,079 will be for replacement only, for
police-type use without regard to the general purchase price limitation for
the current fiscal year; and acquisition, lease, maintenance, and operation of
aircraft, $933,000,000, of which not to exceed $1,800,000 for research shall
remain available until expended, and of which not to exceed $4,000,000 for
purchase of evidence and payments for information, not to exceed $10,000,000
for contracting for automated data processing and telecommunications
equipment, and not to exceed $2,000,000 for laboratory equipment, $4,000,000
for technical equipment, and $2,000,000 for aircraft replacement retrofit and
parts, shall remain available until September 30, 2001; of which not to exceed
$50,000 shall be available for official reception and representation expenses;
and of which not less than $20,733,000 shall be for the costs of conversion to
narrowband communications and for the operations and maintenance of legacy
Land Mobile Radio systems: Provided, That such amount shall be
transferred to and administered by the Department of Justice Wireless
Management Office.
In addition, $343,250,000, for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and sites by
purchase, or as otherwise authorized by law (including equipment for such
buildings); conversion and extension of federally-owned buildings; and
preliminary planning and design of projects, $5,500,000, to remain available
until expended.
Immigration and Naturalization Service
SALARIES AND EXPENSES
For expenses necessary for the administration and enforcement of the laws
relating to immigration, naturalization, and alien registration, as
follows:
ENFORCEMENT AND BORDER AFFAIRS
For salaries and expenses for the Border Patrol program, the detention and
deportation program, the intelligence program, the investigations program, and
the inspections program, including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under the direction
of, and to be accounted for solely under the certificate of, the Attorney
General; purchase for police-type use (not to exceed 3,075 passenger motor
vehicles, of which 2,266 are for replacement only), without regard to the
general purchase price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; for protecting and
maintaining the integrity of the borders of the United States including,
without limitation, equipping, maintaining, and making improvements to the
infrastructure; and for the care and housing of Federal detainees held in the
joint Immigration and Naturalization Service and United States Marshals
Service's Buffalo Detention Facility, $1,107,429,000; of which not to exceed
$10,000,000 shall be available for costs associated with the training program
for basic officer training, and $5,000,000 is for payments or advances arising
out of contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
immigration; of which not to exceed $5,000,000 is to fund or reimburse other
Federal agencies for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; and of which not less than
$18,510,000 shall be for the costs of conversion to narrowband communications
and for the operations and maintenance of legacy Land Mobile Radio systems:
Provided, That such amount shall be transferred to and administered
by the Department of Justice Wireless Management Office: Provided
further, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime pay in
an amount in excess of $30,000 during the calendar year beginning January 1,
2000: Provided further, That uniforms may be purchased without regard
to the general purchase price limitation for the current fiscal year:
Provided further, That none of the funds provided in this or any
other Act shall be used for the continued operation of the San Clemente and
Temecula checkpoints unless the checkpoints are open and traffic is being
checked on a continuous 24-hour basis.
CITIZENSHIP AND BENEFITS, IMMIGRATION SUPPORT AND PROGRAM DIRECTION
For all programs of the Immigration and Naturalization Service not
included under the heading `Enforcement and Border Affairs', $535,011,000, of
which not to exceed $400,000 for research shall remain available until
expended: Provided, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided further,
That the Attorney General may transfer any funds appropriated under this
heading and the heading `Enforcement and Border Affairs' between said
appropriations notwithstanding any percentage transfer limitations imposed
under this appropriation Act and may direct such fees as are collected by the
Immigration and Naturalization Service to the activities funded under this
heading and the heading `Enforcement and Border Affairs' for performance of
the functions for which the fees legally may be expended: Provided
further, That not to exceed 40 permanent positions and 40 full-time
equivalent workyears and $4,150,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable or non-reimbursable
basis, or any other type of formal or informal transfer or reimbursement of
personnel or funds on either a temporary or long-term basis: Provided
further, That the number of positions filled through non-career
appointment at the Immigration and Naturalization Service, for which funding
is provided in this Act or is otherwise made available to the Immigration and
Naturalization Service, shall not exceed four permanent positions and four
full-time equivalent workyears: Provided further, That none of the
funds available to the Immigration and Naturalization Service shall be used to
pay any employee overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2000: Provided further, That funds
may be used, without limitation, for equipping, maintaining, and making
improvements to the infrastructure and the purchase of vehicles for
police-type use within the limits of the Enforcement and Border Affairs
appropriation: Provided further, That, notwithstanding any other
provision of law, during fiscal year 2000, the Attorney General is authorized
and directed to impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable to employees of the
Federal Bureau of Investigation, for any employee of the Immigration and
Naturalization Service who violates policies and procedures set forth by the
Department of Justice relative to the granting of citizenship or who willfully
deceives the Congress or department leadership on any matter.
VIOLENT CRIME REDUCTION PROGRAMS
In addition, $1,267,225,000, for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund:
Provided, That the Attorney General may use the transfer authority
provided under the heading `Citizenship and Benefits, Immigration Support and
Program Direction' to provide funds to any program of the Immigration and
Naturalization Service that heretofore has been funded by the Violent Crime
Reduction Trust Fund.
CONSTRUCTION
For planning, construction, renovation, equipping, and maintenance of
buildings and facilities necessary for the administration and enforcement of
the laws relating to immigration, naturalization, and alien registration, not
otherwise provided for, $99,664,000, to remain available until expended:
Provided, That no funds shall be available for the site acquisition,
design, or construction of any Border Patrol checkpoint in the Tucson
sector.
Federal Prison System
SALARIES AND EXPENSES
For expenses necessary for the administration, operation, and maintenance
of Federal penal and correctional institutions, including purchase (not to
exceed 708, of which 602 are for replacement only) and hire of law enforcement
and passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$3,089,110,000; of which not less than $500,000 shall be transferred to and
administered by the Department of Justice Wireless Management Office for the
costs of conversion to narrowband communications and for the operations and
maintenance of legacy Land Mobile Radio systems: Provided, That the
Attorney General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct expenditures by
that Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System (FPS), where necessary, may enter into contracts with a
fiscal agent/fiscal intermediary claims processor to determine the amounts
payable to persons who, on behalf of FPS, furnish health services to
individuals committed to the custody of FPS: Provided further, That
not to exceed $6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$90,000,000 shall remain available for necessary operations until September
30, 2001: Provided further, That, of the amounts provided for
Contract Confinement, not to exceed $20,000,000 shall remain available until
expended to make payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of the Refugee
Education Assistance Act of 1980, as amended, for the care and security in the
United States of Cuban and Haitian entrants: Provided further, That,
notwithstanding section 4(d) of the Service Contract Act of 1965 (41 U.S.C.
353(d)), FPS may enter into contracts and other agreements with private
entities for periods of not to exceed 3 years and seven additional option
years for the confinement of Federal prisoners.
In addition, $22,524,000, for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facilities;
leasing the Oklahoma City Airport Trust Facility; purchase and acquisition of
facilities and remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and equipping
necessary buildings and facilities at existing penal and correctional
institutions, including all necessary expenses incident thereto, by contract
or force account, $556,791,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation: Provided further,
That not to exceed 10 percent of the funds appropriated to `Buildings and
Facilities' in this or any other Act may be transferred to `Salaries and
Expenses', Federal Prison System, upon notification by the Attorney General to
the Committees on Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section 605 of this Act.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make
such expenditures, within the limits of funds and borrowing authority
available, and in accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations as provided by section
9104 of title 31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for such
corporation, including purchase of (not to exceed five for replacement only)
and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,429,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as authorized by 5
U.S.C. 3109, to be computed on an accrual basis to be determined in accordance
with the corporation's current prescribed accounting system, and such amounts
shall be exclusive of depreciation, payment of claims, and expenditures which
the said accounting system requires to be capitalized or charged to cost of
commodities acquired or produced, including selling and shipping expenses, and
expenses in connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended (`the 1968 Act'), and the Missing Children's Assistance Act,
as amended, including salaries and expenses in connection therewith, and with
the Victims of Crime Act of 1984, as amended, $155,611,000, to remain
available until expended, as authorized by section 1001 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended by Public Law
102-534 (106 Stat. 3524).
In addition, for grants, cooperative agreements, and other assistance
authorized by sections 819, 821, and 822 of the Antiterrorism and Effective
Death Penalty Act of 1996, $152,000,000, to remain available until
expended.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For assistance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), as amended (`the 1994 Act'), $1,764,500,000
to remain available until expended; of which $523,000,000 shall be for Local
Law Enforcement Block Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for purposes of this Act,
the Commonwealth of Puerto Rico shall be considered a `unit of local
government' as well as a `State', for the purposes set forth in paragraphs
(A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 and for
establishing crime prevention programs involving cooperation between community
residents and law enforcement personnel in order to control, detect, or
investigate crime or the prosecution of criminals: Provided, That no
funds provided under this heading may be used as matching funds for any other
Federal grant program: Provided further, That $50,000,000 of this
amount shall be for Boys and Girls Clubs in public housing facilities and
other areas in cooperation with State and local law enforcement: Provided
further, That funds may also be used to defray the costs of
indemnification insurance for law enforcement officers: Provided
further, That $20,000,000 shall be available to carry out section 102(2)
of H.R. 728; of which $420,000,000 shall be for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of the Immigration and
Nationality Act, as amended of which $686,500,000 shall be for Violent
Offender Incarceration and Truth in Sentencing Incentive Grants pursuant to
subtitle A of title II of the 1994 Act, of which $165,000,000 shall be
available for payments to States for incarceration of criminal aliens, of
which $25,000,000 shall be available for the Cooperative Agreement Program,
and of which $34,000,000 shall be reserved by the Attorney General for fiscal
year 2000 under section 20109(a) of subtitle A of title II of the 1994 Act; of
which $130,000,000 shall be available to carry out section 102 of the Crime
Identification Technology Act of 1998 (42 U.S.C. 14601), of which $35,000,000
is for grants to upgrade criminal records, as authorized by section 106(b) of
the Brady Handgun Violence Prevention Act of 1993, as amended, and section
4(b) of the National Child Protection Act of 1993, of which $15,000,000 is for
the National Institute of Justice to develop school safety technologies, and
of which $30,000,000 shall be for State and local DNA laboratories as
authorized by section 1001(a)(22) of the 1968 Act, as well as for improvements
to the State and local forensic laboratory general forensic science
capabilities and to reduce their DNA convicted offender database sample
backlog; and of which $5,000,000 shall be for the Tribal Courts Initiative.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW ENFORCEMENT
ASSISTANCE
For assistance (including amounts for administrative costs for management
and administration, which amounts shall be transferred to and merged with the
`Justice Assistance' account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended (`the 1994 Act'); the
Omnibus Crime Control and Safe Streets Act of 1968, as amended (`the 1968
Act'); and the Victims of Child Abuse Act of 1990, as amended (`the 1990
Act'), $1,194,450,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund; of which $552,000,000
shall be for grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the 1968 Act, for State and Local Narcotics
Control and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, as authorized by section 1001 of title I of said Act,
as amended by Public Law 102-534 (106 Stat. 3524), of which $52,000,000 shall
be available to carry out the provisions of chapter A of subpart 2 of part E
of title I of said Act, for discretionary grants under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs; of which
$10,000,000 shall be for the Court Appointed Special Advocate Program, as
authorized by section 218 of the 1990 Act; of which $2,000,000 shall be for
Child Abuse Training Programs for Judicial Personnel and Practitioners, as
authorized by section 224 of the 1990 Act; of which $206,750,000 shall be for
Grants to Combat Violence Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section 1001(a)(18) of the
1968 Act, including $28,000,000 which shall be used exclusively for the
purpose of strengthening civil legal assistance programs for victims of
domestic violence: Provided, That, of these funds, $5,200,000 shall
be provided to the National Institute of Justice for research and evaluation
of violence against women, $1,196,000 shall be provided to the Office of the
United States Attorney for the District of Columbia for domestic violence
programs in D.C. Superior Court, $10,000,000 which shall be used exclusively
for violence on college campuses, and $10,000,000 shall be available to the
Office of Juvenile Justice and Delinquency Prevention for the Safe Start
Program, to be administered as authorized by part C of the Juvenile Justice
and Delinquency Act of 1974, as amended; of which $34,000,000 shall be for
Grants to Encourage Arrest Policies to States, units of local government, and
Indian tribal governments, as authorized by section 1001(a)(19) of the 1968
Act; of which $25,000,000 shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of the 1994 Act;
of which $5,000,000 shall be for training programs to assist probation and
parole officers who work with released sex offenders, as authorized by section
40152(c) of the 1994 Act, and for local demonstration projects; of which
$1,000,000 shall be for grants for televised testimony, as authorized by
section 1001(a)(7) of the 1968 Act; of which $63,000,000 shall be for grants
for residential substance abuse treatment for State prisoners, as authorized
by section 1001(a)(17) of the 1968 Act; of which $900,000 shall be for the
Missing Alzheimer's Disease Patient Alert Program, as authorized by section
240001(c) of the 1994 Act; of which $1,300,000 shall be for Motor Vehicle
Theft Prevention Programs, as authorized by section 220002(h) of the 1994 Act;
of which $40,000,000 shall be for Drug Courts, as authorized by title V of the
1994 Act; of which $1,500,000 shall be for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968 Act; of which
$2,000,000 shall be for public awareness programs addressing marketing scams
aimed at senior citizens, as authorized by section 250005(3) of the 1994 Act;
and of which $250,000,000 shall be for Juvenile Accountability Incentive Block
Grants, except that such funds shall be subject to the same terms and
conditions as set forth in the provisions under this heading for this program
in Public Law 105-119, but all references in such provisions to 1998 shall be
deemed to refer instead to 2000: Provided further, That funds made
available in fiscal year 2000 under subpart 1 of part E of title I of the 1968
Act may be obligated for programs to assist States in the litigation
processing of death penalty Federal habeas corpus petitions and for drug
testing initiatives: Provided further, That, if a unit of local
government uses any of the funds made available under this title to increase
the number of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related expenses of the
Executive Office for Weed and Seed, to implement `Weed and Seed' program
activities, $33,500,000, to remain available until expended, for
inter-governmental agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies engaged in the
investigation and prosecution of violent crimes and drug offenses in `Weed and
Seed' designated communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other Federal agencies
which shall be specified by the Attorney General to execute the `Weed and
Seed' program strategy: Provided, That funds designated by Congress
through language for other Department of Justice appropriation accounts for
`Weed and Seed' program activities shall be managed and executed by the
Attorney General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other Department
of Justice funds and personnel in support of `Weed and Seed' program
activities only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate in accordance
with section 605 of this Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and Law Enforcement
Act of 1994, Public Law 103-322 (`the 1994 Act') (including administrative
costs), $325,000,000, to remain available until expended, including
$45,000,000 which shall be derived from the Violent Crime Reduction Trust
Fund; of which $289,325,000 is for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act, of which $180,000,000 shall be available
for school resource officers; and of which $35,675,000 shall be used for
policing initiatives to combat methamphetamine production and trafficking and
to enhance policing initiatives in drug `hot spots': Provided, That
of the amount provided for Public Safety and Community Policing Grants, not to
exceed $17,325,000 shall be expended for program management and
administration: Provided further, That of the unobligated balances
available in this program, $210,000,000 shall be used for innovative community
policing programs, of which $100,000,000 shall be used for a law enforcement
technology program, $25,000,000 shall be used for the Matching Grant Program
for Law Enforcement Armor Vests pursuant to section 2501 of part Y of the
Omnibus Crime Control and Safe Streets Act of 1968 (`the 1968 Act'), as
amended, $30,000,000 shall be used for Police Corps education, training, and
service as set forth in sections 200101-200113 of the 1994 Act, $40,000,000
shall be available to improve tribal law enforcement including equipment and
training, and $15,000,000 shall be used to combat violence in schools.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of 1974, as
amended, (`the Act'), including salaries and expenses in connection therewith
to be transferred to and merged with the appropriations for Justice
Assistance, $269,097,000, to remain available until expended, as authorized by
section 299 of part I of title II and section 506 of title V of the Act, as
amended by Public Law 102-586, of which: (1) notwithstanding any other
provision of law, $6,847,000 shall be available for expenses authorized by
part A of title II of the Act, $89,000,000 shall be available for expenses
authorized by part B of title II of the Act, and $42,750,000 shall be
available for expenses authorized by part C of title II of the Act:
Provided, That $26,500,000 of the amounts provided for part B of
title II of the Act, as amended, is for the purpose of providing additional
formula grants under part B to States that provide assurances to the
Administrator that the State has in effect (or will have in effect no later
than 1 year after date of application) policies and programs, that ensure that
juveniles are subject to accountability-based sanctions for every act for
which they are adjudicated delinquent; (2) $12,000,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title II of the Act
for prevention and treatment programs relating to juvenile gangs; (3)
$10,000,000 shall be available for expenses authorized by section 285 of part
E of title II of the Act; (4) $13,500,000 shall be available for expenses
authorized by part G of title II of the Act for juvenile mentoring programs;
and (5) $95,000,000 shall be available for expenses authorized by title V of
the Act for incentive grants for local delinquency prevention programs; of
which $12,500,000 shall be for delinquency prevention, control, and system
improvement programs for tribal youth; of which $25,000,000 shall be available
for grants of $360,000 to each State and $6,640,000 shall be available for
discretionary grants to States, for programs and activities to enforce State
laws prohibiting the sale of alcoholic beverages to minors or the purchase or
consumption of alcoholic beverages by minors, prevention and reduction of
consumption of alcoholic beverages by minors, and for technical assistance and
training; and of which $15,000,000 shall be available for the Safe Schools
Initiative: Provided further, That upon the enactment of
reauthorization legislation for Juvenile Justice Programs under the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended, funding provisions
in this Act shall from that date be subject to the provisions of that
legislation and any provisions in this Act that are inconsistent with that
legislation shall no longer have effect: Provided further, That of
amounts made available under the Juvenile Justice Programs of the Office of
Justice Programs to carry out part B (relating to Federal Assistance for State
and Local Programs), subpart II of part C (relating to Special Emphasis
Prevention and Treatment Programs), part D (relating to Gang-Free Schools and
Communities and Community-Based Gang Intervention), part E (relating to State
Challenge Activities), and part G (relating to Mentoring) of title II of the
Juvenile Justice and Delinquency Prevention Act of 1974, and to carry out the
At-Risk Children's Program under title V of that Act, not more than 10 percent
of each such amount may be used for research, evaluation, and statistics
activities designed to benefit the programs or activities authorized under the
appropriate part or title, and not more than 2 percent of each such amount may
be used for training and technical assistance activities designed to benefit
the programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and other
assistance, $11,000,000 to remain available until expended, for developing,
testing, and demonstrating programs designed to reduce drug use among
juveniles.
In addition, for grants, contracts, cooperative agreements, and other
assistance authorized by the Victims of Child Abuse Act of 1990, as amended,
$7,000,000, to remain available until expended, as authorized by section 214B
of the Act.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized by part L of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796), as amended, such sums as are necessary, as authorized by section 6093
of Public Law 100-690 (102 Stat. 4339-4340).
General Provisions--Department of Justice
SEC. 101. In addition to amounts otherwise made available in this title
for official reception and representation expenses, a total of not to exceed
$45,000 from funds appropriated to the Department of Justice in this title
shall be available to the Attorney General for official reception and
representation expenses in accordance with distributions, procedures, and
regulations established by the Attorney General.
SEC. 102. Authorities contained in the Department of Justice Appropriation
Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93 Stat. 1040 (1979)),
as amended, shall remain in effect until the termination date of this Act or
until the effective date of a Department of Justice Appropriation
Authorization Act, whichever is earlier.
SEC. 103. None of the funds appropriated by this title shall be available
to pay for an abortion, except where the life of the mother would be
endangered if the fetus were carried to term, or in the case of rape:
Provided, That should this prohibition be declared unconstitutional
by a court of competent jurisdiction, this section shall be null and void.
SEC. 104. None of the funds appropriated under this title shall be used to
require any person to perform, or facilitate in any way the performance of,
any abortion.
SEC. 105. Nothing in the preceding section shall remove the obligation of
the Director of the Bureau of Prisons to provide escort services necessary for
a female inmate to receive such service outside the Federal facility:
Provided, That nothing in this section in any way diminishes the
effect of section 104 intended to address the philosophical beliefs of
individual employees of the Bureau of Prisons.
SEC. 106. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to establish
and publicize a program under which publicly advertised, extraordinary rewards
may be paid, which shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code: Provided,
That any reward of $100,000 or more, up to a maximum of $2,000,000, may not be
made without the personal approval of the President or the Attorney General
and such approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Justice in this Act, including
those derived from the Violent Crime Reduction Trust Fund, may be transferred
between such appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act and shall
not be available for obligation except in compliance with the procedures set
forth in that section.
SEC. 108. (a) Notwithstanding any other provision of law, for fiscal year
2000, the Assistant Attorney General for the Office of Justice Programs of the
Department of Justice--
(1) may make grants, or enter into cooperative agreements and contracts,
for the Office of Justice Programs and the component organizations of that
Office; and
(2) shall have final authority over all grants, cooperative agreements
and contracts made, or entered into, for the Office of Justice Programs and
the component organizations of that Office, except for grants made under the
provisions of sections 201, 202, 301, and 302 of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended; and sections 204(b)(3), 241(e)(1),
243(a)(1), 243(a)(14) and 287A(3) of the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended.
(b) Notwithstanding any other provision of law, all functions of the
Director of the Bureau of Justice Assistance, other than those enumerated in
the Omnibus Crime Control and Safe Streets Act, as amended, 42 U.S.C. 3742(3)
through (6), are transferred to the Assistant Attorney General for the Office
of Justice Programs.
SEC. 109. Sections 115 and 127 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (as
contained in section 101(b) of division A of Public Law 105-277) shall apply
to fiscal year 2000 and thereafter.
SEC. 110. Hereafter, for payments of judgments against the United States
and compromise settlements of claims in suits against the United States
arising from the Financial Institutions Reform, Recovery and Enforcement Act
and its implementation, such sums as may be necessary, to remain available
until expended: Provided, That the foregoing authority is available
solely for payment of judgments and compromise settlements: Provided
further, That payment of litigation expenses is available under existing
authority and will continue to be made available as set forth in the
Memorandum of Understanding between the Federal Deposit Insurance Corporation
and the Department of Justice, dated October 2, 1998.
SEC. 111. Section 507 of title 28, United States Code, is amended by
adding a new subsection (c) as follows:
`(c) Notwithstanding the provisions of section 901 of title 31, United
States Code, the Assistant Attorney General for Administration shall be the
Chief Financial Officer of the Department of Justice.'.
SEC. 112. Section 3024 of the Emergency Supplemental Appropriations Act,
1999 (Public Law 106-31) shall apply for fiscal year 2000.
SEC. 113. Effective 30 days after the enactment of this Act, section
1930(a)(1) of title 28, United States Code, is amended in paragraph (1) by
striking `$130' and inserting `$155'; section 589a of title 28, United States
Code, is amended in subsection (b)(1) by striking `23.08 percent' and
inserting `27.42 percent'; and section 406(b) of Public Law 101-162 (103 Stat.
1016), as amended (28 U.S.C. 1931 note), is further amended by striking `30.76
percent' and inserting `33.87 percent'.
SEC. 114. Section 4006 of title 18, United States Code, is amended--
(1) by striking `The Attorney General' and inserting the following: `(a)
IN GENERAL- The Attorney General'; and
(2) by adding at the end the following:
`(b) HEALTH CARE ITEMS AND SERVICES-
`(1) IN GENERAL- Payment for costs incurred for the provision of health
care items and services for individuals in the custody of the United States
Marshals Service and the Immigration and Naturalization Service shall not
exceed the lesser of the amount that would be paid for the provision of
similar health care items and services under--
`(A) the Medicare program under title XVIII of the Social Security
Act; or
`(B) the Medicaid program under title XIX of such Act of the State in
which the services were provided.
`(2) FULL AND FINAL PAYMENT- Any payment for a health care item or
service made pursuant to this subsection, shall be deemed to be full and
final payment.'.
SEC. 115. (a) None of the funds made available by this or any other Act
may be used to pay premium pay under title 5, United States Code, sections
5542-5549, to any individual employed as an attorney, including an Assistant
United States Attorney, in the Department of Justice for any work performed on
or after the date of the enactment of this Act.
(b) Notwithstanding any other provision of law, neither the United States
nor any individual or entity acting on its behalf shall be liable for premium
pay under title 5, United States Code, sections 5542-5549, for any work
performed on or after the date of the enactment of this Act by any individual
employed as an attorney in the Department of Justice, including an Assistant
United States Attorney.
SEC. 116. Section 113 of the Department of Justice Appropriations Act,
1999 (section 101(b) of division A of Public Law 105-277), as amended by
section 3028 of the Emergency Supplemental Appropriations Act, 1999 (Public
Law 106-31), is further amended by striking the first comma and inserting `for
fiscal year 2000 and hereafter,'.
SEC. 117. Section 203(b)(2)(B) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(2)(B)) is amended to read as follows:
`(B)(i) Subject to clause (ii), the Attorney General may, when the
Attorney General deems it to be in the national interest, waive the
requirements of subparagraph (A) that an alien's services in the sciences,
arts, professions, or business be sought by an employer in the United
States.
`(ii)(I) The Attorney General shall grant a national interest waiver
pursuant to clause (i) on behalf of any alien physician with respect to
whom a petition for preference classification has been filed under
subparagraph (A) if--
`(aa) the alien physician agrees to work full time as a physician in
an area or areas designated by the Secretary of Health and Human
Services as having a shortage of health care professionals or at a
health care facility under the jurisdiction of the Secretary of Veterans
Affairs; and
`(bb) a Federal agency or a department of public health in any State
has previously determined that the alien physician's work in such an
area or at such facility was in the public interest.
`(II) No permanent resident visa may be issued to an alien
physician described in subclause (I) by the Secretary of State under
section 204(b), and the Attorney General may not adjust the status of
such an alien physician from that of a nonimmigrant alien to that of a
permanent resident alien under section 245, until such time as the
alien has worked full time as a physician for an aggregate of 5 years
(not including the time served in the status of an alien described in
section 101(a)(15)(J)), in an area or areas designated by the
Secretary of Health and Human Services as having a shortage of health
care professionals or at a health care facility under the jurisdiction
of the Secretary of Veterans Affairs.
`(III) Nothing in this subparagraph may be construed to prevent
the filing of a petition with the Attorney General for classification
under section 204(a), or the filing of an application for adjustment
of status under section 245, by an alien physician described in
subclause (I) prior to the date by which such alien physician has
completed the service described in subclause (II).
`(IV) The requirements of this subsection do not affect waivers on
behalf of alien physicians approved under section 203(b)(2)(B) before
the enactment date of this subsection. In the case of a physician for
whom an application for a waiver was filed under section 203(b)(2)(B)
prior to November 1, 1998, the Attorney General shall grant a national
interest waiver pursuant to section 203(b)(2)(B) except that the alien
is required to have worked full time as a physician for an aggregate
of 3 years (not including time served in the status of an alien
described in section 101(a)(15)(J)) before a visa can be issued to the
alien under section 204(b) or the status of the alien is adjusted to
permanent resident under section 245.'.
SEC. 118. Section 286(q)(1)(A) of the Immigration and Nationality Act of
1953 (8 U.S.C. 1356(q)(1)(A)), as amended, is further amended--
(1) by striking clause (ii);
(2) by redesignating clause (iii) as (ii); and
(3) by striking `, until September 30, 2000,' in clause (iv) and
redesignating that clause as (iii).
SEC. 119. Section 1402(d) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5),
respectively; and
(3) by adding a new paragraph (3), as follows:
`(3) Of the sums remaining in the Fund in any particular fiscal year
after compliance with paragraph (2), such sums as may be necessary shall be
available for the United States Attorneys Offices to improve services for
the benefit of crime victims in the Federal criminal justice system.'.
SEC. 120. Public Law 103-322, the Violent Crime Control and Law
Enforcement Act of 1994, subtitle C, section 210304, Index to Facilitate Law
Enforcement Exchange of DNA Identification Information (42 U.S.C. 14132), is
amended as follows:
(1) in subsection (a)(2), by striking `and';
(2) in subsection (a)(3), by striking the period and inserting `; and'
after `remains'; and
(3) by adding after subsection (a)(3) the following new
subsection:
`(4) analyses of DNA samples voluntarily contributed from relatives of
missing persons.'.
SEC. 121. (a) Subsection (b)(1) of section 227 of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13032) is amended by inserting after `such facts
or circumstances' the following: `to the Cyber Tip Line at the National Center
for Missing and Exploited Children, which shall forward that report'.
(b) Subsection (b)(2) of that section is amended by striking `made' and
inserting `forwarded'.
This title may be cited as the `Department of Justice Appropriations Act,
2000'.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$25,635,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission, including
hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and representation expenses,
$44,495,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade promotional
activities abroad, including expenses of grants and cooperative agreements for
the purpose of promoting exports of United States firms, without regard to 44
U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the United States and
Foreign Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; employment of Americans and aliens by contract for services;
rental of space abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort claims, in
the manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $30,000 per vehicle; obtain insurance on
official motor vehicles; and rent tie lines and teletype equipment,
$308,503,000, to remain available until expended, of which $3,000,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That of the
$313,503,000 provided for in direct obligations (of which $308,503,000 is
appropriated from the general fund, $3,000,000 is derived from fee
collections, and $2,000,000 is derived from unobligated balances and
deobligations from prior years), $62,376,000 shall be for Trade Development,
$19,755,000 shall be for Market Access and Compliance, $32,473,000 shall be
for the Import Administration, $186,693,000 shall be for the United States and
Foreign Commercial Service, and $12,206,000 shall be for Executive Direction
and Administration: Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities without regard to section 5412 of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and that
for the purpose of this Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act shall include payment for assessments
for services provided as part of these activities.
Export Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national security
activities of the Department of Commerce, including costs associated with the
performance of export administration field activities both domestically and
abroad; full medical coverage for dependent members of immediate families of
employees stationed overseas; employment of Americans and aliens by contract
for services abroad; payment of tort claims, in the manner authorized in the
first paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979, and as
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $54,038,000, to remain available
until expended, of which $1,877,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be retained for
use in covering the cost of such activities, and for providing information to
the public with respect to the export administration and national security
activities of the Department of Commerce and other export control programs of
the United States and other governments: Provided further, That no
funds may be obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial satellites and
satellite components) to the People's Republic of China, unless, at least 15
days in advance, the Committees on Appropriations of the House of
Representatives and the Senate and other appropriate committees of the
Congress are notified of such proposed action.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided by the Public
Works and Economic Development Act of 1965, as amended, and for trade
adjustment assistance, $361,879,000 to be made available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic development
assistance programs as provided for by law, $26,500,000: Provided,
That these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title II of the Trade
Act of 1974, as amended, and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including expenses of
grants, contracts, and other agreements with public or private organizations,
$27,314,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and statistical
analysis programs of the Department of Commerce, $49,499,000, to remain
available until September 30, 2001.
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, preparing,
and publishing statistics, provided for by law, $140,000,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses to conduct the decennial census, $4,476,253,000 to
remain available until expended: of which $20,240,000 is for Program
Development and Management; of which $194,623,000 is for Data Content and
Products; of which $3,449,952,000 is for Field Data Collection and Support
Systems; of which $43,663,000 is for Address List Development; of which
$477,379,000 is for Automated Data Processing and Telecommunications Support;
of which $15,988,000 is for Testing and Evaluation; of which $71,416,000 is
for activities related to Puerto Rico, the Virgin Islands and Pacific Areas;
of which $199,492,000 is for Marketing, Communications and Partnerships
activities; and of which $3,500,000 is for the Census Monitoring Board, as
authorized by section 210 of Public Law 105-119: Provided, That the
entire amount shall be available only to the extent that an official budget
request, that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
In addition, for expenses to collect and publish statistics for other
periodic censuses and programs provided for by law, $142,320,000, to remain
available until expended.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $10,975,000, to
remain available until expended: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for
costs incurred in spectrum management, analysis, and operations, and related
services and such fees shall be retained and used as offsetting collections
for costs of such spectrum services, to remain available until expended:
Provided further, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide any spectrum
functions pursuant to the National Telecommunications and Information
Administration Organization Act, 47 U.S.C. 902-903, to any Federal entity
without reimbursement as required by NTIA for such spectrum management costs,
and Federal entities withholding payment of such cost shall not use spectrum:
Provided further, That the Secretary of Commerce is authorized to
retain and use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred in
telecommunications research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in furtherance of its
assigned functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For grants authorized by section 392 of the Communications Act of 1934, as
amended, $26,500,000, to remain available until expended as authorized by
section 391 of the Act, as amended: Provided, That not to exceed
$1,800,000 shall be available for program administration as authorized by
section 391 of the Act: Provided further, That notwithstanding the
provisions of section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which applications have been
submitted and approved during any fiscal year: Provided further,
That, hereafter, notwithstanding any other provision of law, the Pan-Pacific
Education and Communication Experiments by Satellite (PEACESAT) Program is
eligible to compete for Public Telecommunications Facilities, Planning and
Construction funds.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications Act of 1934, as
amended, $15,500,000, to remain available until expended as authorized by
section 391 of the Act, as amended: Provided, That not to exceed
$3,000,000 shall be available for program administration and other support
activities as authorized by section 391: Provided further, That, of
the funds appropriated herein, not to exceed 5 percent may be available for
telecommunications research activities for projects related directly to the
development of a national information infrastructure: Provided
further, That, notwithstanding the requirements of sections 392(a) and
392(c) of the Act, these funds may be used for the planning and construction
of telecommunications networks for the provision of educational, cultural,
health care, public information, public safety, or other social services:
Provided further, That notwithstanding any other provision of law, no
entity that receives telecommunications services at preferential rates under
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance under the
regional information sharing systems grant program of the Department of
Justice under part M of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this heading
to cover any costs of the entity that would otherwise be covered by such
preferential rates or such assistance, as the case may be.
Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark Office provided for by
law, including defense of suits instituted against the Commissioner of Patents
and Trademarks, $755,000,000, to remain available until expended:
Provided, That of this amount, $755,000,000 shall be derived from
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and
35 U.S.C. 41 and 376, and shall be retained and used for necessary expenses in
this appropriation: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2000, so as to result in a final
fiscal year 2000 appropriation from the general fund estimated at $0:
Provided further, That, during fiscal year 2000, should the total
amount of offsetting fee collections be less than $755,000,000, the total
amounts available to the Patent and Trademark Office shall be reduced
accordingly: Provided further, That any amount received in excess of
$755,000,000 in fiscal year 2000 shall remain available until expended:
Provided further, That of the amount in excess of $755,000,000
referred to in the previous proviso, $229,000,000 shall not be available for
obligation until October 1, 2000: Provided further, That not to
exceed $116,000,000 from fees collected in fiscal year 1999 shall be made
available for obligation in fiscal year 2000.
Science and Technology
Technology Administration
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY
SALARIES AND EXPENSES
For necessary expenses for the Undersecretary for Technology/Office of
Technology Policy, $7,972,000.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards and
Technology, $283,132,000, to remain available until expended, of which not to
exceed $282,000 may be transferred to the `Working Capital Fund'.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of the
National Institute of Standards and Technology, $104,836,000, to remain
available until expended.
In addition, for necessary expenses of the Advanced Technology Program of
the National Institute of Standards and Technology, $142,600,000, to remain
available until expended, of which not to exceed $50,700,000 shall be
available for the award of new grants, and of which not to exceed $500,000 may
be transferred to the `Working Capital Fund'.
construction of research facilities
For construction of new research facilities, including architectural and
engineering design, and for renovation of existing facilities, not otherwise
provided for the National Institute of Standards and Technology, as authorized
by 15 U.S.C. 278c-278e, $108,414,000, to remain available until expended:
Provided, That of the amounts provided under this heading,
$84,916,000 shall be available for obligation and expenditure only after
submission of a plan for the expenditure of these funds, in accordance with
section 605 of this Act.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law for the National
Oceanic and Atmospheric Administration, including maintenance, operation, and
hire of aircraft; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities pursuant to
cooperative agreements; and relocation of facilities as authorized by 33
U.S.C. 883i, $1,658,189,000, to remain available until expended:
Provided, That fees and donations received by the National Ocean
Service for the management of the national marine sanctuaries may be retained
and used for the salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That in addition,
$68,000,000 shall be derived by transfer from the fund entitled `Promote and
Develop Fishery Products and Research Pertaining to American Fisheries':
Provided further, That grants to States pursuant to sections 306 and
306A of the Coastal Zone Management Act of 1972, as amended, shall not exceed
$2,000,000: Provided further, That not to exceed $31,439,000 shall be
expended for Executive Direction and Administration, which consists of the
Offices of the Undersecretary, the Executive Secretariat, Policy and Strategic
Planning, International Affairs, Legislative Affairs, Public Affairs,
Sustainable Development, the Chief Scientist, and the General Counsel:
Provided further, That the aforementioned offices, excluding the
Office of the General Counsel, shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable or nonreimbursable
basis or any other type of formal or informal transfer or reimbursement of
personnel or funds on either a temporary or long-term basis above the level of
33 personnel: Provided further, That no general administrative charge
shall be applied against any assigned activity included in this Act and,
further, that any direct administrative expenses applied against assigned
activities shall be limited to 5 percent of the funds provided for that
assigned activity: Provided further, That of the amount made
available under this heading for the National Marine Fisheries Services
Pacific Salmon Treaty Program, $5,000,000 is appropriated for a Southern
Boundary and Transboundary Rivers Restoration Fund, subject to express
authorization.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for payments
for medical care of retired personnel and their dependents under the
Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as may be
necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For procurement, acquisition and construction of capital assets, including
alteration and modification costs, of the National Oceanic and Atmospheric
Administration, $589,067,000, to remain available until expended:
Provided, That unexpended balances of amounts previously made
available in the `Operations, Research, and Facilities' account for activities
funded under this heading may be transferred to and merged with this account,
to remain available until expended for the purposes for which the funds were
originally appropriated.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of Pacific salmon
populations and the implementation of the 1999 Pacific Salmon Treaty Agreement
between the United States and Canada, $50,000,000.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of
such Act.
PROMOTE AND DEVELOP FISHERY PRODUCTS AND RESEARCH PERTAINING TO AMERICAN
FISHERIES
FISHERIES PROMOTIONAL FUND
(RESCISSION)
All unobligated balances available in the Fisheries Promotional Fund are
rescinded: Provided, That all obligated balances are transferred to
the `Operations, Research, and Facilities' account.
FISHERMEN'S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95-372, not to
exceed $953,000, to be derived from receipts collected pursuant to that Act,
to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic Tunas
Convention Act of 1975, as amended (Public Law 96-339), the Magnuson-Stevens
Fishery Conservation and Management Act of 1976, as amended (Public Law
100-627), and the American Fisheries Promotion Act (Public Law 96-561), to be
derived from the fees imposed under the foreign fishery observer program
authorized by these Acts, not to exceed $189,000, to remain available until
expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the cost of direct loans, $338,000, as authorized by the Merchant
Marine Act of 1936, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That none of the
funds made available under this heading may be used for direct loans for any
new fishing vessel that will increase the harvesting capacity in any United
States fishery.
General Administration
SALARIES AND EXPENSES
For expenses necessary for the general administration of the Department of
Commerce provided for by law, including not to exceed $3,000 for official
entertainment, $31,500,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App.
1-11, as amended by Public Law 100-504), $20,000,000.
General Provisions--Department of Commerce
SEC. 201. During the current fiscal year, applicable appropriations and
funds made available to the Department of Commerce by this Act shall be
available for the activities specified in the Act of October 26, 1949 (15
U.S.C. 1514), to the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced payments not
otherwise authorized only upon the certification of officials designated by
the Secretary of Commerce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made available to
the Department of Commerce by this Act for salaries and expenses shall be
available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343
and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances
therefore, as authorized by law (5 U.S.C. 5901-5902).
SEC. 203. None of the funds made available by this Act may be used to
support the hurricane reconnaissance aircraft and activities that are under
the control of the United States Air Force or the United States Air Force
Reserve.
SEC. 204. None of the funds provided in this or any previous Act, or
hereinafter made available to the Department of Commerce, shall be available
to reimburse the Unemployment Trust Fund or any other fund or account of the
Treasury to pay for any expenses authorized by section 8501 of title 5, United
States Code, for services performed by individuals appointed to temporary
positions within the Bureau of the Census for purposes relating to the
decennial censuses of population.
SEC. 205. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Commerce in this Act may be
transferred between such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set forth
in that section.
SEC. 206. (a) Should legislation be enacted to dismantle or reorganize the
Department of Commerce, or any portion thereof, the Secretary of Commerce, no
later than 90 days thereafter, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for agencies or programs
terminated under such legislation: Provided further, That such plan
shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any successor
organization(s) may use any available funds to carry out legislation
dismantling or reorganizing the Department of Commerce, or any portion
thereof, to cover the costs of actions relating to the abolishment,
reorganization, or transfer of functions and any related personnel action,
including voluntary separation incentives if authorized by such legislation:
Provided, That the authority to transfer funds between appropriations
accounts that may be necessary to carry out this section is provided in
addition to authorities included under section 205 of this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
SEC. 207. Any costs incurred by a department or agency funded under this
title resulting from personnel actions taken in response to funding reductions
included in this title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within the total budgetary
resources available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
SEC. 208. The Secretary of Commerce may award contracts for hydrographic,
geodetic, and photogrammetric surveying and mapping services in accordance
with title IX of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 541 et seq.).
SEC. 209. The Secretary of Commerce may use the Commerce franchise fund
for expenses and equipment necessary for the maintenance and operation of such
administrative services as the Secretary determines may be performed more
advantageously as central services, pursuant to section 403 of Public Law
103-356: Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either on hand or on
order, less the related liabilities or unpaid obligations, and any
appropriations made for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall be paid
in advance from funds available to the department and other Federal agencies
for which such centralized services are performed, at rates which will return
in full all expenses of operation, including accrued leave, depreciation of
fund plant and equipment, amortization of automated data processing (ADP)
software and systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to exceed 4
percent of the total annual income to such fund may be retained in the fund
for fiscal year 2000 and each fiscal year thereafter, to remain available
until expended, to be used for the acquisition of capital equipment, and for
the improvement and implementation of department financial management, ADP,
and other support systems: Provided further, That such amounts
retained in the fund for fiscal year 2000 and each fiscal year thereafter
shall be available for obligation and expenditure only in accordance with
section 605 of this Act: Provided further, That no later than 30 days
after the end of each fiscal year, amounts in excess of this reserve
limitation shall be deposited as miscellaneous receipts in the Treasury:
Provided further, That such franchise fund pilot program shall
terminate pursuant to section 403(f) of Public Law 103-356.
SEC. 210. Section 302(a)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)(A)) is amended--
(1) by striking `17' and inserting `18'; and
(2) by striking `11' and inserting `12'.
SEC. 211. Notwithstanding any other provision of law, of the amounts made
available elsewhere in this title to the `National Institute of Standards and
Technology, Construction of Research Facilities', $2,000,000 is appropriated
to the Institute at Saint Anselm College, $700,000 is appropriated to the New
Hampshire State Library, and $9,000,000 is appropriated to fund a cooperative
agreement with the Medical University of South Carolina.
This title may be cited as the `Department of Commerce and Related
Agencies Appropriations Act, 2000'.
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court, as required
by law, excluding care of the building and grounds, including purchase or
hire, driving, maintenance, and operation of an automobile for the Chief
Justice, not to exceed $10,000 for the purpose of transporting Associate
Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343
and 1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $35,492,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of the
Capitol to carry out the duties imposed upon the Architect by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), $8,002,000, of which $5,101,000 shall remain
available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and employees,
and for necessary expenses of the court, as authorized by law, $16,797,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the officers
and employees of the court, services as authorized by 5 U.S.C. 3109, and
necessary expenses of the court, as authorized by law, $11,957,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of the
territorial courts of the United States), justices and judges retired from
office or from regular active service, judges of the United States Court of
Federal Claims, bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise specifically provided
for, and necessary expenses of the courts, as authorized by law,
$2,958,138,000 (including the purchase of firearms and ammunition); of which
not to exceed $13,454,000 shall remain available until expended for space
alteration projects; and of which not to exceed $10,000,000 shall remain
available until expended for furniture and furnishings related to new space
alteration and construction projects.
In addition, for activities of the Federal Judiciary as authorized by law,
$156,539,000, to remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, as authorized by section 190001(a) of
Public Law 103-322, and sections 818 and 823 of Public Law 104-132.
In addition, for expenses of the United States Court of Federal Claims
associated with processing cases under the National Childhood Vaccine Injury
Act of 1986, not to exceed $2,515,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of attorneys
appointed to represent persons under the Criminal Justice Act of 1964, as
amended; the compensation and reimbursement of expenses of persons furnishing
investigative, expert and other services under the Criminal Justice Act of
1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with Criminal
Justice Act maximums) and reimbursement of expenses of attorneys appointed to
assist the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement of travel
expenses of guardians ad litem acting on behalf of financially eligible minor
or incompetent offenders in connection with transfers from the United States
to foreign countries with which the United States has a treaty for the
execution of penal sentences; and the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d), $358,848,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
In addition, for activities of the Federal Judiciary as authorized by law,
$26,247,000, to remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, as authorized by section 19001(a) of
Public Law 103-322, and sections 818 and 823 of Public Law 104-132.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876;
compensation of jury commissioners as authorized by 28 U.S.C. 1863; and
compensation of commissioners appointed in condemnation cases pursuant to rule
71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule
71A(h)), $60,918,000, to remain available until expended: Provided,
That the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title 5, United
States Code.
court security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and adjacent
areas, including building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as authorized by
section 1010 of the Judicial Improvement and Access to Justice Act (Public Law
100-702), $193,028,000, of which not to exceed $10,000,000 shall remain
available until expended for security systems, to be expended directly or
transferred to the United States Marshals Service, which shall be responsible
for administering elements of the Judicial Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative Office
of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United States
Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345,
hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b),
advertising and rent in the District of Columbia and elsewhere, $55,000,000,
of which not to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as authorized by
Public Law 90-219, $18,000,000; of which $1,800,000 shall remain available
through September 30, 2001, to provide education and training to Federal court
personnel; and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers' Retirement Fund, as authorized by 28
U.S.C. 377(o), $29,500,000; to the Judicial Survivors' Annuities Fund, as
authorized by 28 U.S.C. 376(c), $8,000,000; and to the United States Court of
Federal Claims Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions of
chapter 58 of title 28, United States Code, $8,500,000, of which not to exceed
$1,000 is authorized for official reception and representation expenses.
General Provisions--The Judiciary
SEC. 301. Appropriations and authorizations made in this title which are
available for salaries and expenses shall be available for services as
authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Judiciary in this Act may be transferred
between such appropriations, but no such appropriation, except `Courts of
Appeals, District Courts, and Other Judicial Services, Defender Services' and
`Courts of Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners', shall be increased by more than 10 percent by any
such transfers: Provided, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
SEC. 303. Notwithstanding any other provision of law, the salaries and
expenses appropriation for district courts, courts of appeals, and other
judicial services shall be available for official reception and representation
expenses of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall be administered
by the Director of the Administrative Office of the United States Courts in
the capacity as Secretary of the Judicial Conference.
SEC. 304. Pursuant to section 140 of Public Law 97-92, Justices and judges
of the United States are authorized during fiscal year 2000, to receive a
salary adjustment in accordance with 28 U.S.C. 461: Provided, That
$9,611,000 is appropriated for salary adjustments pursuant to this section and
such funds shall be transferred to and merged with appropriations in title III
of this Act.
SEC. 305. Section 604(a)(5) of title 28, United States Code, is amended by
adding before the semicolon at the end thereof the following: `, and,
notwithstanding any other provision of law, pay on behalf of Justices and
judges of the United States appointed to hold office during good behavior,
aged 65 or over, any increases in the cost of Federal Employees' Group Life
Insurance imposed after April 24, 1999, including any expenses generated by
such payments, as authorized by the Judicial Conference of the United
States'.
SEC. 306. The second paragraph of section 112(c) of title 28, United
States Code, is amended to read `Court for the Eastern District shall be held
at Brooklyn, Hauppauge, Hempstead (including the village of Uniondale), and
Central Islip.'.
SEC. 307. Pursuant to the requirements of section 156(d) of title 28,
United States Code, Congress hereby approves the consolidation of the Office
of the Bankruptcy Clerk with the Office of the District Clerk of Court in the
Southern District of West Virginia.
SEC. 308. (a) IN GENERAL- Section 3006A(d)(4)(D)(vi) of title 18, United
States Code, is amended by adding after the word `require' the following: `,
except that the amount of the fees shall not be considered a reason justifying
any limited disclosure under section 3006A(d)(4) of title 18, United States
Code'.
(b) EFFECTIVE DATE- This section shall apply to all disclosures made under
section 3006A(d) of title 18, United States Code, related to any criminal
trial or appeal involving a sentence of death where the underlying alleged
criminal conduct took place on or after April 19, 1995.
SEC. 309. (a) The President shall appoint, by and with the advice and
consent of the Senate--
(1) three additional district judges for the district of Arizona;
(2) four additional district judges for the middle district of Florida;
and
(3) two additional district judges for the district of Nevada.
(b) In order that the table contained in section 133 of title 28, United
States Code, will reflect the changes in the total number of permanent
district judgeships authorized as a result of subsection (a) of this
section--
(1) the item relating to Arizona in such table is amended to read as
follows:
11';
(2) the item relating to Florida in such table is amended to read as
follows:
4
15
16';
(3) the item relating to Nevada in such table is amended to read as
follows:
6'.
(c) There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of this section, including such sums as may be
necessary to provide appropriate space and facilities for the judicial
positions created by this section.
This title may be cited as `The Judiciary Appropriations Act, 2000'.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the Foreign Service
not otherwise provided for, including expenses authorized by the State
Department Basic Authorities Act of 1956, as amended, the Mutual Educational
and Cultural Exchange Act of 1961, as amended, and the United States
Information and Educational Exchange Act of 1948, as amended, including
employment, without regard to civil service and classification laws, of
persons on a temporary basis (not to exceed $700,000 of this appropriation),
as authorized by section 801 of such Act; expenses authorized by section 9 of
the Act of August 31, 1964, as amended; representation to certain
international organizations in which the United States participates pursuant
to treaties, ratified pursuant to the advice and consent of the Senate, or
specific Acts of Congress; arms control, nonproliferation and disarmanent
activities as authorized by the Arms Control and Disarmament Act of September
26, 1961, as amended; acquisition by exchange or purchase of passenger motor
vehicles as authorized by law; and for expenses of general administration,
$2,522,825,000: Provided, That, of the amount made available under
this heading, not to exceed $4,000,000 may be transferred to, and merged with,
funds in the `Emergencies in the Diplomatic and Consular Service'
appropriations account, to be available only for emergency evacuations and
terrorism rewards: Provided further, That, in fiscal year 2000, all
receipts collected from individuals for assistance in the preparation and
filing of an affidavit of support pursuant to section 213A of the Immigration
and Nationality Act shall be deposited into this account as an offsetting
collection and shall remain available until expended: Provided
further, That of the amount made available under this heading,
$236,291,000 shall be available only for public diplomacy international
information programs: Provided further, That of the amount made
available under this heading, $500,000 shall be available only for the
National Law Center for Inter-American Free Trade: Provided further,
That of the amount made available under this heading, $2,500,000 shall be
available only for overseas continuing language education: Provided
further, That of the amount made available under this heading, not to
exceed $1,162,000 shall be available for transfer to the Presidential Advisory
Commission on Holocaust Assets in the United States: Provided
further, That any amount transferred pursuant to the previous proviso
shall not result in a total amount transferred to the Commission from all
Federal sources that exceeds the authorized amount: Provided further,
That notwithstanding section 140(a)(5), and the second sentence of section
140(a)(3), of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, fees may be collected during fiscal years 2000 and 2001, under the
authority of section 140(a)(1) of that Act: Provided further, That
all fees collected under the preceding proviso shall be deposited in fiscal
years 2000 and 2001 as an offsetting collection to appropriations made under
this heading to recover costs as set forth under section 140(a)(2) of that Act
and shall remain available until expended: Provided further, That of
the amount made available under this heading, $5,000,000 is appropriated for a
Northern Boundary and Transboundary Rivers Restoration Fund: Provided
further, That of the amount made available under this heading, not less
than $9,000,000 shall be available for the Office of Defense Trade
Controls.
In addition, not to exceed $1,252,000 shall be derived from fees collected
from other executive agencies for lease or use of facilities located at the
International Center in accordance with section 4 of the International Center
Act, as amended; in addition, as authorized by section 5 of such Act,
$490,000, to be derived from the reserve authorized by that section, to be
used for the purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational Exchange Act, not
to exceed $6,000,000, to remain available until expended, may be credited to
this appropriation from fees or other payments received from English teaching,
library, motion pictures, and publication programs, and from fees from
educational advising and counseling, and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from reimbursements,
surcharges, and fees for use of Blair House facilities in accordance with
section 46 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2718(a)).
In addition, for the costs of worldwide security upgrades, $254,000,000,
to remain available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund, $80,000,000, to
remain available until expended, as authorized in Public Law 103-236:
Provided, That section 135(e) of Public Law 103-236 shall not apply
to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, as amended (5 U.S.C.
App.), $27,495,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980, as amended (Public Law 96-465), as it relates to post
inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as authorized
by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977, as amended (91
Stat. 1636), $205,000,000, to remain available until expended as authorized by
section 105 of such Act of 1961 (22 U.S.C. 2455): Provided, That not
to exceed $800,000, to remain available until expended, may be credited to
this appropriation from fees or other payments received from or in connection
with English teaching and educational advising and counseling programs as
authorized by section 810 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1475e).
representation allowances
For representation allowances as authorized by section 905 of the Foreign
Service Act of 1980, as amended (22 U.S.C. 4085), $5,850,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary of State to
provide for extraordinary protective services in accordance with the
provisions of section 214 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000, to remain available until
September 30, 2001.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
For necessary expenses for carrying out the Foreign Service Buildings Act
of 1926, as amended (22 U.S.C. 292-300), preserving, maintaining, repairing,
and planning for, buildings that are owned or directly leased by the
Department of State, renovating, in addition to funds otherwise available, the
Main State Building, and carrying out the Diplomatic Security Construction
Program as authorized by title IV of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4851), $428,561,000, to remain available
until expended as authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed $25,000
may be used for representation as authorized by section 905 of the Foreign
Service Act of 1980, as amended (22 U.S.C. 4085): Provided, That none
of the funds appropriated in this paragraph shall be available for acquisition
of furniture and furnishings and generators for other departments and
agencies.
In addition, for the costs of worldwide security upgrades, $313,617,000,
to remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to meet unforeseen
emergencies arising in the Diplomatic and Consular Service pursuant to the
requirement of 31 U.S.C. 3526(e), and as authorized by section 804(3) of the
United States Information and Educational Exchange Act of 1948, as amended,
$5,500,000, to remain available until expended as authorized by section 24(c)
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of
which not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as authorized by section 4 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out the
direct loan program, $607,000, which may be transferred to and merged with the
Diplomatic and Consular Programs account under Administration of Foreign
Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act, Public Law
96-8, $15,375,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and Disability Fund, as
authorized by law, $128,541,000.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties, ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $885,203,000:
Provided, That any payment of arrearages under this title shall be
directed toward special activities that are mutually agreed upon by the United
States and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international organization
for the United States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That, of the
funds appropriated in this paragraph, $100,000,000 may be made available only
on a semi-annual basis pursuant to a certification by the Secretary of State
on a semi-annual basis, that the United Nations has taken no action during the
preceding 6 months to increase funding for any United Nations program without
identifying an offsetting decrease during that 6-month period elsewhere in the
United Nations budget and cause the United Nations to exceed either the reform
budget for the biennium 1998-1999 of $2,533,000,000 or a zero nominal growth
budget for the biennium 2000-2001: Provided further, That funds
appropriated under this paragraph may be obligated and expended to pay the
full United States assessment to the civil budget of the North Atlantic Treaty
Organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses of international
peacekeeping activities directed to the maintenance or restoration of
international peace and security, $200,000,000, of which not to exceed
$20,000,000 shall remain available until September 30, 2001:
Provided, That none of the funds made available under this Act shall
be obligated or expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency, as far in
advance as is practicable): (1) the Committees on Appropriations of the House
of Representatives and the Senate and other appropriate committees of the
Congress are notified of the estimated cost and length of the mission, the
vital national interest that will be served, and the planned exit strategy;
and (2) a reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth the source of
funds that will be used to pay for the cost of the new or expanded mission:
Provided further, That funds shall be available for peacekeeping
expenses only upon a certification by the Secretary of State to the
appropriate committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to those being given
to foreign manufacturers and suppliers: Provided further, That none
of the funds made available under this heading are available to pay the United
States share of the cost of court monitoring that is part of any United
Nations peacekeeping mission.
ARREARAGE PAYMENTS
For an additional amount for payment of arrearages to meet obligations of
authorized membership in international multilateral organizations, and to pay
assessed expenses of international peacekeeping activities, $244,000,000, to
remain available until expended: Provided, That none of the funds
appropriated or otherwise made available under this heading for payment of
arrearages may be obligated or expended unless such obligation or expenditure
is expressly authorized by the enactment of an Act that makes payment of
arrearages contingent upon United Nations reform: Provided further,
That none of the funds appropriated or otherwise made available under this
heading for payment of arrearages may be obligated or expended until such time
as the share of the total of all assessed contributions for any designated
specialized agency of the United Nations does not exceed 22 percent for any
single member of the agency, and the designated specialized agencies have
achieved zero nominal growth in their biennium budgets for 2000-2001 from the
1998-1999 biennium budget levels of the respective agencies: Provided
futher, That not to exceed $107,000,000, which is owed by the United
Nations to the United States as a reimbursement, including any reimbursement
under the Foreign Assistance Act of 1961 or the United Nations Participation
Act of 1945, that was owed to the United States before the date of the
enactment of this Act shall be applied or used, without fiscal year
limitations, to reduce any amount owed by the United States to the United
Nations, except that any such reduction pursuant to the authority in this
paragraph shall not be made unless expressly authorized by the enactment of an
Act that makes payment of arrearages contingent upon United Nations reform.
International Commissions
For necessary expenses, not otherwise provided for, to meet obligations of
the United States arising under treaties, or specific Acts of Congress, as
follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
For necessary expenses for the United States Section of the International
Boundary and Water Commission, United States and Mexico, and to comply with
laws applicable to the United States Section, including not to exceed $6,000
for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for, $19,551,000.
construction
For detailed plan preparation and construction of authorized projects,
$5,939,000, to remain available until expended, as authorized by section 24(c)
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the International Joint
Commission and the International Boundary Commission, United States and
Canada, as authorized by treaties between the United States and Canada or
Great Britain, and for the Border Environment Cooperation Commission as
authorized by Public Law 103-182, $5,733,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the International
Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $15,549,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by section 501 of Public
Law 101-246, $8,250,000, to remain available until expended, as authorized by
section 24(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships, Incorporated,
as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of
1990 (20 U.S.C. 5204-5205), all interest and earnings accruing to the
Eisenhower Exchange Fellowship Program Trust Fund on or before September 30,
2000, to remain available until expended: Provided, That none of the
funds appropriated herein shall be used to pay any salary or other
compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes which are
not in accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to
the Israeli Arab Scholarship Fund on or before September 30, 2000, to remain
available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between East
and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center for
Cultural and Technical Interchange Between East and West in the State of
Hawaii, $12,500,000: Provided, That none of the funds appropriated
herein shall be used to pay any salary, or enter into any contract providing
for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Secretary of State to provide for carrying out the
provisions of the North/South Center Act of 1991 (22 U.S.C. 2075), by grant to
an educational institution in Florida known as the North/South Center,
$1,750,000, to remain available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National Endowment for
Democracy as authorized by the National Endowment for Democracy Act,
$31,000,000 to remain available until expended.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of Governors, as
authorized by the United States Information and Educational Exchange Act of
1948, as amended, the United States International Broadcasting Act of 1994, as
amended, Reorganization Plan No. 2 of 1977, as amended, and the Foreign
Affairs Reform and Restructuring Act of 1998, to carry out international
communication activities, $388,421,000, of which not to exceed $16,000 may be
used for official receptions within the United States as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be
used for representation abroad as authorized by section 302 of such Act of
1948 (22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085), and not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed $2,000,000 in
receipts from advertising and revenue from business ventures, not to exceed
$500,000 in receipts from cooperating international organizations, and not to
exceed $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the Broadcasting Board of Governors to
carry out the Radio Broadcasting to Cuba Act, as amended, the Television
Broadcasting to Cuba Act, and the International Broadcasting Act of 1994, and
the Foreign Affairs Reform and Restructuring Act of 1998, including the
purchase, rent, construction, and improvement of facilities for radio and
television transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception,
$22,095,000, to remain available until expended: Provided, That funds
may be used to purchase or lease, maintain, and operate such aircraft
(including aerostats) as may be required to house and operate necessary
television broadcasting equipment.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities for
radio transmission and reception, and purchase and installation of necessary
equipment for radio and television transmission and reception as authorized by
section 801 of the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1471), $11,258,000, to remain available until expended, as
authorized by section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).
General Provisions--Department of State and Related Agency
SEC. 401. Funds appropriated under this title shall be available, except
as otherwise provided, for allowances and differentials as authorized by
subchapter 59 of title 5, United States Code; for services as authorized by 5
U.S.C. 3109; and hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of State in this Act may be
transferred between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10 percent by
any such transfers: Provided, That not to exceed 5 percent of any
appropriation made available for the current fiscal year for the Broadcasting
Board of Governors in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
SEC. 403. The Secretary of State is authorized to administer summer travel
and work programs without regard to preplacement requirements.
SEC. 404. Beginning in fiscal year 2000 and thereafter, section 410(a) of
the Department of State and Related Agencies Appropriations Act, 1999, as
included in Public Law 105-277, shall be in effect.
SEC. 405. None of the funds made available in this Act may be used by the
Department of State or the Broadcasting Board of Governors to provide
equipment, technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
SEC. 406. None of the funds appropriated or otherwise made available by
this Act or any other Act for fiscal year 2000 or any fiscal year thereafter
should be obligated or expended for the operation of a United States consulate
or diplomatic facility in Jerusalem unless such consulate or diplomatic
facility is under the supervision of the United States Ambassador to
Israel.
SEC. 407. None of the funds appropriated or otherwise made available by
this Act or any other Act for fiscal year 2000 or any fiscal year thereafter
may be obligated or expended for the publication of any official Government
document which lists countries and their capital cities unless the publication
identifies Jerusalem as the capital of Israel.
SEC. 408. None of the funds appropriated or otherwise made available in
this Act for the United Nations may be used by the United Nations for the
promulgation or enforcement of any treaty, resolution, or regulation
authorizing the United Nations, or any of its specialized agencies or
affiliated organizations, to tax any aspect of the Internet.
SEC. 409. Funds appropriated by this Act for the Broadcasting Board of
Governors and the Department of State may be obligated and expended
notwithstanding section 313 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995, section 309(g) of the International Broadcasting Act of
1994, and section 15 of the State Department Basic Authorities Act of 1956.
This title may be cited as the `Department of State and Related Agency
Appropriations Act, 2000'.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant fleet
to serve the national security needs of the United States, $96,200,000, to
remain available until expended.
operations and training
For necessary expenses of operations and training activities authorized by
law, $72,073,000.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by the Merchant Marine
Act, 1936, $6,000,000, to remain available until expended: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$1,000,000,000.
In addition, for administrative expenses to carry out the guaranteed loan
program, not to exceed $3,809,000, which shall be transferred to and merged
with the appropriation for Operations and Training.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime Administration,
and payments received therefore shall be credited to the appropriation charged
with the cost thereof: Provided, That rental payments under any such
lease, contract, or occupancy for items other than such utilities, services,
or repairs shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from the
construction fund established by the Merchant Marine Act, 1936, or otherwise,
in excess of the appropriations and limitations contained in this Act or in
any prior appropriation Act.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's Heritage
Abroad, $490,000, as authorized by section 1303 of Public Law 99-83.
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights, including hire
of passenger motor vehicles, $8,900,000: Provided, That not to exceed
$50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable days.
Advisory Commission on Electronic Commerce
salaries and expenses
For the necessary expenses of the Advisory Commission on Electronic
Commerce, as authorized by Public Law 105-277, $1,400,000.
Commission on Security and Cooperation In Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation in
Europe, as authorized by Public Law 94-304, $1,182,000, to remain available
until expended as authorized by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity Commission as
authorized by title VII of the Civil Rights Act of 1964, as amended (29 U.S.C.
206(d) and 621-634), the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991, including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
non-monetary awards to private citizens; and not to exceed $29,000,000 for
payments to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act of 1964, as amended,
sections 6 and 14 of the Age Discrimination in Employment Act, the Americans
with Disabilities Act of 1990, and the Civil Rights Act of 1991, $279,000,000:
Provided, That the Commission is authorized to make available for
official reception and representation expenses not to exceed $2,500 from
available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as authorized
by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and structure; not to
exceed $500,000 for improvement and care of grounds and repair to buildings;
not to exceed $4,000 for official reception and representation expenses;
purchase (not to exceed 16) and hire of motor vehicles; special counsel fees;
and services as authorized by 5 U.S.C. 3109, $210,000,000, of which not to
exceed $300,000 shall remain available until September 30, 2001, for research
and policy studies: Provided, That $185,754,000 of offsetting
collections shall be assessed and collected pursuant to section 9 of title I
of the Communications Act of 1934, as amended, and shall be retained and used
for necessary expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year 2000 so
as to result in a final fiscal year 2000 appropriation estimated at
$24,246,000: Provided further, That any offsetting collections
received in excess of $185,754,000 in fiscal year 2000 shall remain available
until expended, but shall not be available for obligation until October 1,
2000.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as authorized by
section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App.
1111), including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, $14,150,000: Provided,
That not to exceed $2,000 shall be available for official reception and
representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to
exceed $2,000 for official reception and representation expenses,
$104,024,000: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection services
in accordance with the terms of 31 U.S.C. 3718, as amended: Provided
further, That, notwithstanding section 3302(b) of title 31, United States
Code, not to exceed $104,024,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained and
used for necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting collections are
received during fiscal year 2000, so as to result in a final fiscal year 2000
appropriation from the general fund estimated at not more than $0, to remain
available until expended: Provided further, That none of the funds
made available to the Federal Trade Commission shall be available for
obligation for expenses authorized by section 151 of the Federal Deposit
Insurance Corporation Improvement Act of 1991 (Public Law 102-242; 105 Stat.
2282-2285).
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out the purposes of
the Legal Services Corporation Act of 1974, as amended, $300,000,000, of which
$289,000,000 is for basic field programs and required independent audits;
$2,100,000 is for the Office of Inspector General, of which such amounts as
may be necessary may be used to conduct additional audits of recipients; and
$8,900,000 is for management and administration.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by, or
contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and
506 of Public Law 105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and conditions set
forth in such sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 1999 and 2000,
respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized by
title II of Public Law 92-522, as amended, $1,270,000.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space (to
include multiple year leases) in the District of Columbia and elsewhere, and
not to exceed $3,000 for official reception and representation expenses,
$173,800,000 from fees collected in fiscal year 2000 to remain available until
expended, and from fees collected in fiscal year 1998, $194,000,000, to remain
available until expended; of which not to exceed $10,000 may be used toward
funding a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be available
for expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters and
provision of technical assistance for the development of foreign securities
markets, such expenses to include necessary logistic and administrative
expenses and the expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1) such incidental
expenses as meals taken in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other related lodging or
subsistence: Provided, That fees and charges authorized by sections
6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this
account as offsetting collections.
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small Business
Administration as authorized by Public Law 105-135, including hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to
exceed $3,500 for official reception and representation expenses,
$246,300,000: Provided, That the Administrator is authorized to
charge fees to cover the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations: Provided
further, That $84,500,000 shall be available to fund grants for
performance in fiscal year 2000 or fiscal year 2001 as authorized by section
21 of the Small Business Act, as amended.
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, as amended (5 U.S.C.
App.), $11,000,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $131,800,000, as authorized by 15 U.S.C.
631 note, of which $45,000,000 shall remain available until September 30,
2001: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That during fiscal year 2000,
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958, as amended, shall not exceed the amount of financings
authorized under section 20(e)(1)(B)(ii) of the Small Business Act, as
amended: Provided further, That during fiscal year 2000, commitments
for general business loans authorized under section 7(a) of the Small Business
Act, as amended, shall not exceed $10,000,000,000 without prior notification
of the Committees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act: Provided further, That
during fiscal year 2000, commitments to guarantee loans under section 303(b)
of the Small Business Investment Act of 1958, as amended, shall not exceed the
amount of guarantees of debentures authorized under section 20(e)(1)(C)(ii) of
the Small Business Act, as amended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $129,000,000, which may be transferred to and merged
with the appropriations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $119,400,000 to remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended.
In addition, for administrative expenses to carry out the direct loan
program, $136,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is for the Office
of Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office of Inspector
General: Provided, That any amount in excess of $20,000,000 to be
transferred to and merged with appropriations for Salaries and Expenses for
indirect administrative expenses shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act may be
transferred between such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as authorized by
the State Justice Institute Authorization Act of 1992 (Public Law 102-572; 106
Stat. 4515-4516), $6,850,000, to remain available until expended:
Provided, That not to exceed $2,500 shall be available for official
reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes not authorized by the Congress.
SEC. 602. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
SEC. 603. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, pursuant to 5 U.S.C. 3109,
shall be limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the remainder
of the Act and the application of each provision to persons or circumstances
other than those as to which it is held invalid shall not be affected
thereby.
SEC. 605. (a) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2000, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity for which funds
have been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain available
for obligation or expenditure in fiscal year 2000, or provided from any
accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever is less,
that: (1) augments existing programs, projects, or activities; (2) reduces by
10 percent funding for any existing program, project, or activity, or numbers
of personnel by 10 percent as approved by Congress; or (3) results from any
general savings from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress; unless
the Appropriations Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this Act may be used for the
construction, repair (other than emergency repair), overhaul, conversion, or
modernization of vessels for the National Oceanic and Atmospheric
Administration in shipyards located outside of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- It is the
sense of the Congress that, to the greatest extent practicable, all equipment
and products purchased with funds made available in this Act should be
American-made.
(b) NOTICE REQUIREMENT- In providing financial assistance to, or entering
into any contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall provide
to such entity a notice describing the statement made in subsection (a) by the
Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
MADE IN AMERICA- If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a `Made in
America' inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United States,
the person shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
SEC. 608. None of the funds made available in this Act may be used to
implement, administer, or enforce any guidelines of the Equal Employment
Opportunity Commission covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds are made available
that such guidelines do not differ in any respect from the proposed guidelines
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
SEC. 609. None of the funds made available by this Act may be used for any
United Nations undertaking when it is made known to the Federal official
having authority to obligate or expend such funds: (1) that the United Nations
undertaking is a peacekeeping mission; (2) that such undertaking will involve
United States Armed Forces under the command or operational control of a
foreign national; and (3) that the President's military advisors have not
submitted to the President a recommendation that such involvement is in the
national security interests of the United States and the President has not
submitted to the Congress such a recommendation.
SEC. 610. (a) None of the funds appropriated or otherwise made available
by this Act shall be expended for any purpose for which appropriations are
prohibited by section 609 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section 609 of that
Act shall continue to apply during fiscal year 2000.
SEC. 611. Notwithstanding any other provision of law, not more than 20
percent of the amount allocated to any account from an appropriation made by
this Act that is available for obligation only in the current fiscal year may
be obligated during the last 2 months of the fiscal year unless the Committees
on Appropriations of the House of Representatives and the Senate are notified
prior to such obligation in accordance with section 605 of this Act:
Provided, That this section shall not apply to the obligation of
funds under grant programs.
SEC. 612. None of the funds made available in this Act shall be used to
provide the following amenities or personal comforts in the Federal prison
system--
(1) in-cell television viewing except for prisoners who are segregated
from the general prison population for their own safety;
(2) the viewing of R, X, and NC-17 rated movies, through whatever medium
presented;
(3) any instruction (live or through broadcasts) or training equipment
for boxing, wrestling, judo, karate, or other martial art, or any
bodybuilding or weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or heating elements;
or
(5) the use or possession of any electric or electronic musical
instrument.
SEC. 613. None of the funds made available in title II for the National
Oceanic and Atmospheric Administration (NOAA) under the headings `Operations,
Research, and Facilities' and `Procurement, Acquisition and Construction' may
be used to implement sections 603, 604, and 605 of Public Law 102-567:
Provided, That NOAA may develop a modernization plan for its
fisheries research vessels that takes fully into account opportunities for
contracting for fisheries surveys.
SEC. 614. Any costs incurred by a department or agency funded under this
Act resulting from personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the authority
to transfer funds between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
SEC. 615. None of the funds made available in this Act to the Federal
Bureau of Prisons may be used to distribute or make available any commercially
published information or material to a prisoner when it is made known to the
Federal official having authority to obligate or expend such funds that such
information or material is sexually explicit or features nudity.
SEC. 616. Of the funds appropriated in this Act under the heading `Office
of Justice Programs--State and Local Law Enforcement Assistance', not more
than 90 percent of the amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an entity when it is
made known to the Federal official having authority to obligate or expend such
funds that the entity that employs a public safety officer (as such term is
defined in section 1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty while
responding to an emergency situation or a hot pursuit (as such terms are
defined by State law) with the same or better level of health insurance
benefits at the time of retirement or separation as they received while on
duty.
SEC. 617. None of the funds provided by this Act shall be available to
promote the sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions on the marketing
of tobacco or tobacco products, except for restrictions which are not applied
equally to all tobacco or tobacco products of the same type.
SEC. 618. (a) None of the funds appropriated or otherwise made available
by this Act shall be expended for any purpose for which appropriations are
prohibited by section 616 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1999.
(b) Subsection (a)(1) of section 616 of that Act is amended--
(1) by striking `and' after `Gonzalez'; and
(2) by inserting before the semicolon at the end of the subsection, `,
Jean-Yvon Toussaint, and Jimmy Lalanne'.
(c) The requirements in subsections (b) and (c) of section 616 of that Act
shall continue to apply during fiscal year 2000.
SEC. 619. None of the funds appropriated pursuant to this Act or any other
provision of law may be used for: (1) the implementation of any tax or fee in
connection with the implementation of 18 U.S.C. 922(t); and (2) any system to
implement 18 U.S.C. 922(t) that does not require and result in the destruction
of any identifying information submitted by or on behalf of any person who has
been determined not to be prohibited from owning a firearm.
SEC. 620. Notwithstanding any other provision of law, amounts deposited in
the Fund established under 42 U.S.C. 10601 in fiscal year 1999 in excess of
$500,000,000 shall not be available for obligation until October 1, 2000.
SEC. 621. None of the funds appropriated by this Act shall be used to
propose or issue rules, regulations, decrees, or orders for the purpose of
implementation, or in preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto, Japan at the Third
Conference of the Parties to the United Nations Framework Convention on
Climate Change, which has not been submitted to the Senate for advice and
consent to ratification pursuant to article II, section 2, clause 2, of the
United States Constitution, and which has not entered into force pursuant to
article 25 of the Protocol.
SEC. 622. For an additional amount for `Small Business Administration,
Salaries and Expenses', $30,000,000, of which $2,500,000 shall be available
for a grant to the NTTC at Wheeling Jesuit University to continue the outreach
program to assist small business development; $2,000,000 shall be available
for a grant for Western Carolina University to develop a facility to assist in
small business and rural economic development; $3,000,000 shall be available
for a grant to the Bronx Museum of the Arts, New York, to develop a facility;
$750,000 shall be available for a grant to Soundview Community in Action for a
technology access and business improvement project; $2,500,000 shall be
available for a grant for the City of Hazard, Kentucky for a Center for Rural
Law Enforcement Technology and Training; $1,000,000 shall be available for a
grant to the State University of New York to develop a facility and operate
the Institute of Entrepreneurship for small business and workforce
development; $1,000,000 shall be available for a grant for Pikeville College,
School of Osteopathic Medicine for a telemedicine and medical education
network; $1,000,000 shall be available for a grant to Operation Hope in
Maywood, California for a business incubator project; $1,900,000 shall be
available for a grant to the Southern Kentucky Tourism Development Association
to develop a facility for regional tourism promotion; $1,000,000 shall be
available for a grant to the Southern Kentucky Economic Development
Corporation to support a science and technology business loan fund; $500,000
shall be available for a grant for the Moundsville Economic Development
Council to work in conjunction with the Office of Law Enforcement Technology
Commercialization for the establishment of the National Corrections and Law
Enforcement Training and Technology Center, and for infrastructure
improvements associated with this initiative; $8,550,000 shall be available
for a grant to Somerset Community College to develop a facility to support
workforce development and skills training; $200,000 shall be available for a
grant for the Vandalia Heritage Foundation to fulfill its charter purposes;
$2,000,000 shall be available for a grant for the Illinois Coalition to
establish and operate a national demonstration project in the DuPage County
Research Park providing one-stop access for technology startup businesses;
$200,000 shall be available for a grant to Rural Enterprises, Inc., in Durant,
Oklahoma to support a resource center for rural businesses; $500,000 shall be
available for a grant for the City of Chicago to establish and operate a
program for technology-based business growth; $500,000 shall be available for
a grant for the Illinois Department of Commerce and Community Affairs to
develop strategic plans for technology-based business growth; $200,000 shall
be available for a grant to the Long Island Bay Shore Aquarium to develop a
facility; $150,000 shall be available for a grant to Miami-Dade Community
College for an Entrepreneurial Education Center; $300,000 shall be available
for a grant for the Western Massachusetts Enterprise Fund for a
microenterprise loan program; and $250,000 shall be available for a grant for
the Johnstown Area Regional Industries Center to develop a small business
incubator facility.
SEC. 623. (a) PACIFIC SALMON RESTORATION FUND-
(1) There is hereby established a Pacific Salmon Restoration Fund
(hereafter referred to as the `Fund') to be held by the Pacific Salmon
Commission. The Fund shall be invested in interest bearing accounts, bonds,
securities, or other investments in order to achieve the highest annual
yield consistent with protecting the principal of the Fund. The Fund shall
be subdivided into a Northern Boundary Fund and a Southern Boundary Fund
which shall be maintained as separate accounts within the Fund, and which
shall receive $5,000,000 and $5,000,000, respectively, of the amounts
authorized by this section. Income from investments made pursuant to this
paragraph shall be available until expended, without appropriation or fiscal
year limitation, for programs and activities relating to salmon restoration
and enhancement, salmon research, the conservation of salmon habitat, and
implementation of the Pacific Salmon Treaty and related agreements. Amounts
provided by grants under this subsection may be held in interest bearing
accounts prior to the disbursement of such funds for program purposes, and
any interest earned may be retained for program purposes without further
appropriation. The Fund is subject to the laws governing Federal
appropriations and funds and to unrestricted circulars of the Office of
Management and Budget. Recipients of amounts from the Fund shall keep
separate accounts and such records as are reasonably necessary to disclose
the use of the funds as well as facilitate effective audits.
(A) Amounts made available from the Northern Boundary Fund pursuant to
paragraph (1) shall be administered by a Northern Boundary Committee,
which shall be comprised of three representatives of the Government of
Canada, and three representatives of the United States. The three United
States representatives shall be the United States Commissioner and
Alternate Commissioner appointed (or designated) from a list submitted by
the Governor of Alaska for appointment to the Pacific Salmon Commission
and the Regional Administrator of the National Marine Fisheries Service
for the Alaska Region. Only programs and activities consistent with the
purposes in paragraph (1) which affect the geographic area from Cape
Caution, Canada to Cape Suckling, Alaska may be approved for funding by
the Northern Boundary Committee.
(B) Amounts made available from the Southern Boundary Fund pursuant to
paragraph (1) shall be administered by a Southern Boundary Committee,
which shall be comprised of three representatives of Canada and three
representatives of the United States. The United States representatives
shall be appointed by the Secretary of Commerce: one shall be selected
from a list of three qualified individuals submitted by the Governors of
the States of Washington and Oregon; one shall be selected from a list of
three qualified individuals submitted by the Pacific Coastal tribes (as
defined by the Secretary of Commerce); and one shall be the Director of
the Northwest Region of the National Marine Fisheries Service. Only
programs and activities consistent with the purposes in paragraph (1)
which affect the geographic area south of Cape Caution, Canada may be
approved for funding by the Southern Boundary Committee.
(3) If any of the agreements or revised agreements adopted under the
June 30, 1999 Agreement of the United States and Canada on the Treaty
Between the Government of the United States and the Government of Canada
Concerning Pacific Salmon, 1985 (hereafter referred to as the `1999
Agreement') expire without being renewed, or if the United States determines
that Canada has ceased to apply any such agreements, amounts made available
from the Fund may only be used for projects in areas under the jurisdiction
of the United States until the United States determines that such agreements
or revised agreements are renewed and that the United States and Canada are
applying such agreements or revised agreements.
(b) PACIFIC SALMON TREATY IMPLEMENTATION- While the 1999 Agreement is in
effect, the incidental take in Alaska of salmon listed under Public Law
93-205, as amended, shall not be regulated under such Act. Additionally, the
fact that Alaska fisheries will be regulated according to the management
regimes in the 1999 Agreement and not under Public Law 93-205, as amended,
shall not serve as a basis to impose or enhance any restriction under such Act
on any other activity.
(c) IMPROVED SALMON MANAGEMENT- Section 3(g) of the Pacific Salmon Treaty
Act of 1985, 16 U.S.C. 3632(g), is amended--
(1) in paragraph (1) by striking `The' and inserting `Except as provided
in paragraph (2), the';
(2) by inserting after paragraph (1) the following new paragraph:
`(2) A decision of the United States Section with respect to any salmon
fishery, other than a Chinook salmon fishery, which occurs from Cape
Caution, Canada to Cape Suckling, Alaska shall be taken upon the affirmative
vote of the United States Commissioner appointed from the list submitted by
the Governor of Alaska pursuant to subsection (a). A decision of the United
States Section with respect to any salmon fishery, other than a Chinook
salmon fishery, which occurs south of Cape Caution, Canada shall be taken
upon the affirmative vote of both the United States Commissioner appointed
from the list submitted by the Governors of Washington and Oregon pursuant
to subsection (a) and the United States Commissioner appointed from the list
submitted by the treaty Indian tribes of the States of Idaho, Oregon, or
Washington pursuant to subsection (a).'; and
(3) by renumbering the existing paragraphs.
(d) AUTHORIZATION OF APPROPRIATIONS-
(1) For capitalizing the Pacific Salmon Restoration Fund, there is
authorized to be appropriated in fiscal year 2000, $10,000,000.
(2) For salmon habitat restoration, salmon stock enhancement, salmon
research, and implementation of the Pacific Salmon Treaty and related
agreements, there is authorized to be appropriated in fiscal year 2000,
$46,000,000 to the States of California, Oregon, Washington, and Alaska. The
State of Alaska may allocate a portion of any funds it receives under this
subsection to eligible activities outside Alaska.
(3) For salmon habitat restoration, salmon stock enhancement, salmon
research, and implementation of the Pacific Salmon Treaty and related
agreements, there is authorized to be appropriated $4,000,000 in fiscal year
2000 to the Pacific Coastal tribes (as defined by the Secretary of
Commerce).
Funds appropriated to the States under the authority of this section shall
be subject to a 25 percent non-Federal match requirement. In addition, not
more than 3 percent of such funds shall be available for administrative
expenses, with the exception of funds used in Washington State for the Forest
and Fish Agreement.
SEC. 624. Funds made available under Public Law 105-277 for costs
associated with implementation of the American Fisheries Act of 1998 (division
C, title II, of Public Law 105-277) for vessel documentation activities shall
remain available until expended.
SEC. 625. Effective as of October 1, 1999, section 635 of Public Law
106-58 is amended--
(1) in subsection (b)(2), by inserting `the carrier for' after `if';
and
(2) in subsection (c), by inserting `or otherwise provide for' after `to
prescribe'.
SEC. 626. None of the funds made available to the Department of Justice in
this Act may be used to discriminate against, denigrate, or otherwise
undermine the religious or moral beliefs of students who participate in
programs for which financial assistance is provided from those funds, or of
the parents or legal guardians of such students.
SEC. 627. None of the funds appropriated in this Act shall be available
for the purpose of processing or providing immigrant or nonimmigrant visas to
citizens, subjects, nationals, or residents of countries that the Attorney
General has determined deny or unreasonably delay accepting the return of
citizens, subjects, nationals, or residents under section 243(d) of the
Immigration and Nationality Act.
SEC. 628. None of the funds made available to the Department of Justice in
this Act may be used for the purpose of transporting an individual who is a
prisoner pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a prison or
other facility certified by the Federal Bureau of Prisons as appropriately
secure for housing such a prisoner.
SEC. 629. Beginning 60 days from the date of the enactment of this Act,
none of the funds appropriated or otherwise made available by this Act may be
made available for the participation by delegates of the United States to the
Standing Consultative Commission unless the President certifies and so reports
to the Committees on Appropriations that the United States Government is not
implementing the Memorandum of Understanding Relating to the Treaty Between
the United States of America and the Union of Soviet Socialist Republics on
the limitation of Anti-Ballistic Missile Systems of May 26, 1972, entered into
in New York on September 26, 1997, by the United States, Russia, Kazakhstan,
Belarus, and Ukraine, or until the Senate provides its advice and consent to
the Memorandum of Understanding.
SEC. 630. None of the funds made available in this Act may be used for any
activity in support of adding or maintaining any World Heritage Site in the
United States on the List of World Heritage in Danger as maintained under the
Convention Concerning the Protection of the World Cultural and Natural
Heritage.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
DRUG DIVERSION CONTROL FEE ACCOUNT
(RESCISSION)
Amounts otherwise available for obligation in fiscal year 2000 for the
Drug Diversion Control Fee Account are reduced by $35,000,000.
Immigration and Naturalization Service
IMMIGRATION EMERGENCY FUND
(RESCISSION)
Of the unobligated balances available under this heading, $1,137,000 are
rescinded.
DEPARTMENT OF STATE AND RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
(RESCISSION)
Of the unobligated balances available under this heading, $15,516,000 are
rescinded.
RELATED AGENCIES
Small Business Administration
BUSINESS LOANS PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances available under this heading, $13,100,000 are
rescinded.
This Act may be cited as the `Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2000'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END