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H.R.4690
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2001 (Reported in the Senate)
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$300,000,000, of which $289,000,000 is for basic field programs and required
independent audits; $2,100,000 is for the Office of Inspector General, of
which such amounts as may be necessary may be used to conduct additional
audits of recipients; and $8,900,000 is for management and
administration.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by, or
contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and
506 of Public Law 105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and conditions set
forth in such sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2000 and 2001,
respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $1,700,000.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space (to
include multiple year leases) in the District of Columbia and elsewhere, and
not to exceed $3,000 for official reception and representation expenses,
$194,652,000 from fees collected in fiscal year 2001 to remain available until
expended, and from fees collected in fiscal year 1999, $295,000,000, to remain
available until expended; of which not to exceed $10,000 may be used toward
funding a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be available
for expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters and
provision of technical assistance for the development of foreign securities
markets, such expenses to include necessary logistic and administrative
expenses and the expenses of Commission staff and foreign invitees in
attendance at such consultations and meetings including: (1) such incidental
expenses as meals taken in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other related lodging or
subsistence: Provided, That fees and charges authorized by sections
6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall be credited to this
account as offsetting collections.
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105-135, including hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, and not to
exceed $3,500 for official reception and representation expenses,
$143,475,000: Provided, That the Administrator is authorized to
charge fees to cover the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations. In addition, to
reimburse the Small Business Administration for qualified expenses of
delinquent non-tax debt collection, to be derived from increased agency
collections of delinquent debt, 5 percent of such collections but not to
exceed $3,000,000.
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
For non-credit programs authorized under the Small Business Act, as
amended, $153,690,000, of which $90,000,000 shall be for grants for
performance in fiscal year 2001 or fiscal year 2002: Provided, That
any balances of fiscal year 2000 funds appropriated for non-credit programs
under the heading, `Salaries and Expenses', may be transferred to this
heading, to be available to carry out these programs and to be available for
the time period originally provided.
office of inspector general
For necessary expenses of the Office of Inspector General in carrying
out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C.
App.), $13,000,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $2,600,000, to be available until
expended; and for the cost of guaranteed loans, $162,800,000, as authorized by
15 U.S.C. 631 note: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That during fiscal
year 2001, commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958, as amended, shall not exceed the amount of
financings authorized under section 20(e)(1)(B)(ii) of the Small Business Act,
as amended: Provided further, That during fiscal year 2001,
commitments for general business loans authorized under section 7(a) of the
Small Business Act, as amended, shall not exceed $10,000,000,000 without prior
notification of the Committees on Appropriations of the House of
Representatives and Senate in accordance with section 605 of this Act:
Provided further, That during fiscal year 2001, commitments to
guarantee loans under section 303(b) of the Small Business Investment Act of
1958, as amended, shall not exceed the amount of guarantees of debentures
authorized under section 20(e)(1)(C)(ii) of the Small Business Act, as
amended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $130,800,000, which may be transferred to and merged
with the appropriations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $142,100,000 to remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended.
In addition, for administrative expenses to carry out the direct loan
program, $139,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is for the Office
of Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office of Inspector
General.
administrative provision--small business administration
Not to exceed 10 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act may be
transferred between such appropriations, but no such appropriation shall be
increased by more than 20 percent by any such transfers: Provided,
That any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law 102-572;
106 Stat. 4515-4516), $6,850,000, to remain available until expended:
Provided, That not to exceed $2,500 shall be available for official
reception and representation expenses.
Of the amount made available under the heading `COURT OF APPEALS,
DISTRICT COURTS, AND OTHER JUDICIAL SERVICES' in title III of this Act,
$8,000,000 is transferred and made available for grants administered by the
State Justice Institute.
TITLE VI--GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act shall be
used for publicity or propaganda purposes not authorized by the
Congress.
SEC. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, pursuant to 5 U.S.C. 3109,
shall be limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. (a) The caption for section 504 of title 28, United States
Code, is amended by replacing `Attorney' with `Attorneys'.
(b) Section 504 of title 28, United States Code, is amended by
inserting after `General' the following, `and a Deputy Attorney General for
Combating Domestic Terrorism'.
(c) There is established within the Department of Justice the position
of Deputy Attorney General for Combating Domestic Terrorism, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(d) Subject to the authority of the Attorney General, the Deputy
Attorney General for Combating Domestic Terrorism shall serve as the principal
advisor to the Attorney General on, and serve as the key government official
responsible for, national security policy and coordination for domestic
counterterrorism and antiterrorism, State and local preparedness for weapons
of mass destruction (including chemical and biological weapons), security
classifications and clearances within the Department of Justice, and
contingency operations within the Department of Justice and shall coordinate
all functions of the Federal Government related to domestic counterterrorism
and antiterrorism activities, including--
(1) the coordination of a National Strategy for Combating Domestic
Terrorism to be promulgated by the President which shall establish national
policies, objectives, and priorities for preventing, preparing for, and
responding to domestic terrorist activities within the United
States;
(2) the coordination through consultation with the appropriate
entities, of the implementation of the National Strategy for Combating
Domestic Terrorism policy and preparedness by the departments and agencies
of the Federal Government and by State and local entities with
responsibilities for combating domestic terrorism; and
(3) the recommendation of changes in the organization and management
of Federal departments and agencies and State and local entities engaged in
combating domestic terrorism to the Congress, the President, and the
Attorney General.
(e) For necessary expenses of the Office of the Deputy Attorney
General for Combating Domestic Terrorism, $23,000,000, to remain available
until expended.
(f) Notwithstanding any other provision of law, all authorities,
liabilities, funding, personnel, equipment, and real property associated with
the Office of State and Local Domestic Preparedness Support, the National
Domestic Preparedness Office, the Executive Office of National Security, and
such components which relate to domestic counterterrorism and antiterrorism
activities in the Office of Intelligence Policy and Review and the Criminal
Division as are appropriate shall be transferred to the Deputy Attorney
General for Combating Domestic Terrorism not later than 90 days after the
required Presidential report.
SEC. 605. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2001, or
provided from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming of funds
which: (1) creates new programs; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates an
office or employees; (5) reorganizes offices, programs, or activities; or (6)
contracts out or privatizes any functions, or activities presently performed
by Federal employees; unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2001, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever is less,
that: (1) augments existing programs, projects, or activities; (2) reduces by
10 percent funding for any existing program, project, or activity, or numbers
of personnel by 10 percent as approved by Congress; or (3) results from any
general savings from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress; unless
the Appropriations Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this Act may be used for
the construction, repair (other than emergency repair), overhaul, conversion,
or modernization of vessels for the National Oceanic and Atmospheric
Administration in shipyards located outside of the United States.
SEC. 607. (a) Section 4(b) of the Securities Exchange Act of 1934 (15
U.S.C. 78d(b)) is amended--
(1) by striking paragraphs (1) and (2), and inserting the
following:
`(1)(A) The Commission may appoint and fix the compensation of such
officers, attorneys, economists, examiners, and other employees as may be
necessary for carrying out its functions under this Act.
`(B) Rates of basic pay for all employees of the Commission may be
set and adjusted by the Commission without regard to the provisions of
chapter 51 or subchapter III of chapter 53 of title 5, United States
Code.
`(C) The Commission may provide additional compensation and benefits
to employees of the Commission if the same type of compensation or benefits
are then being provided by any agency referred to under section 1206(a) of
the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1833b(a)), or, if not then being provided, could be provided by such
an agency under applicable provisions of law, rule, or
regulation.
`(D) In setting and adjusting the total amount of compensation and
additional benefits for employees, the Commission shall consult with, and
seek to maintain comparability with, the agencies referred to under section
1206(a) of the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 (12 U.S.C. 1833b).'; and
(2) by redesignating paragraph (3) as paragraph (2).
(b) Section 1206 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1883b) is amended--
(1) by inserting `(a) IN GENERAL- ' before `The Federal
Deposit';
(2) by striking `the Thrift Depositor Protection Oversight Board of
the Resolution Trust Corporation,'; and
(3) by adding at the end the following:
`(b) In establishing and adjusting schedules of compensation and
additional benefits for employees of the Securities and Exchange Commission,
which are to be determined solely by the Commission under applicable
provisions of law, the Commission shall inform the heads of the agencies
referred to under subsection (a) and Congress of such compensation and
benefits, and shall seek to maintain comparability with such agencies
regarding compensation and benefits.'.
(c)(1) Section 3132(a)(1) of title 5, United States Code, is
amended--
(A) in subparagraph (C), by striking `or' after the
semicolon;
(B) in subparagraph (D), by inserting `or' after the semicolon;
and
(C) by adding at the end the following:
`(E) the Securities and Exchange Commission.'.
(2) Section 5373(a) of title 5, United States Code, is
amended--
(A) in paragraph (2), by striking `or' after the
semicolon;
(B) in paragraph (3), by striking the period and inserting `; or';
and
(C) by adding at the end the following:
`(4) section 4(b) of the Securities Exchange Act of
1934.'.
(d) The amendments made by subsection (c)(1) shall take effect on such
date as the Securities and Exchange Commission shall (by order published in
the Federal Register) prescribe, but in no event later than 1 year after the
date of enactment of this Act.
SEC. 608. None of the funds made available in this Act may be used to
implement, administer, or enforce any guidelines of the Equal Employment
Opportunity Commission covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds are made available
that such guidelines do not differ in any respect from the proposed guidelines
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
SEC. 609. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 609 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act,
1999.
(b) The requirements in subparagraphs (A) and (B) of section 609 of
that Act shall continue to apply during fiscal year 2001.
SEC. 610. That fees collected pursuant to Section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) for sales transacted on, and with
respect to securities registered solely on, an exchange that is initially
granted registration as a national securities exchange after February 24, 2000
shall be credited to this account as offsetting collections.
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