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H.R.3421
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2000 (Introduced in the House)
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, $305,000,000, 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;
$8,900,000 is for management and administration; and $5,000,000 is for client
self-help and information technology.
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,
$282,300,000: 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.
In addition, for the costs of programs related to the New Markets Venture
Capitol program, $10,500,000, of which $1,500,000 shall be for BusinessLINC,
and of which $9,000,000 shall be for technical assistance: Provided,
That the funds appropriated under this paragraph shall not be available for
obligation until the New Markets Venture Capitol program is authorized by
subsequent legislation.
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, $137,800,000, as authorized by 15 U.S.C.
631 note or subsequently authorized for the New Markets Venture Capital
program, of which $45,000,000 shall remain available until September 30, 2001:
Provided, That of the total provided, $6,000,000 shall be available
only for the cost of guaranteed loans under the New Markets Venture Capitol
program and shall become available for obligation only upon authorization of
such program by the enactment of subsequent legislation in fiscal year 2000:
Provided further, 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, $140,400,000 to remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended.
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.
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