S 1217 PCS
Calendar No. 153
106th CONGRESS
1st Session
S. 1217
[Report No. 106-76]
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.
IN THE SENATE OF THE UNITED STATES
June 14, 1999
Mr. GREGG, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
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 Departments of Commerce, Justice, and State, the Judiciary, and related
agencies programs 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, $82,485,000, 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.
JOINT AUTOMATED BOOKING SYSTEM
For expenses necessary for the nationwide deployment of a Joint Automated
Booking System, $6,000,000, 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)), $20,000,000, to remain available until
expended: Provided, That such funds may be transferred to any
Department of Justice organization upon approval by the Attorney General:
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.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney General,
$27,000,000, 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; (2)
the costs of providing support to counter, investigate or prosecute domestic
or international terrorism, including payment of rewards in connection with
these activities; and (3) the costs of conducting a terrorism threat
assessment of Federal agencies and their facilities: 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, $30,727,000.
In addition, $59,251,000 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, $32,049,000;
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.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $7,176,000.
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,
$299,260,000; 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 $55,166,000 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, $185,740,000 for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund.
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,
$112,318,000: Provided, That, notwithstanding any other provision of
law, not to exceed $112,318,000 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. 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.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States Attorneys,
including intergovernmental and cooperative agreements, $589,478,000; of which
not to exceed $2,500,000 shall be available until September 30, 2000, 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,
notwithstanding any other provision of this Act, of the amount made available
under this heading, not to exceed $20,000,000 may be transferred to, and
merged with, funds in the `Federal Prisoner Detention' appropriations account:
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 9,044 positions and 9,312 full-time
equivalent workyears shall be supported from the funds appropriated in this
Act or made available during fiscal year 2000 under any other Act for the
United States Attorneys, of which 2,107 positions and 2,171 full-time
equivalents shall be dedicated to civil or civil defensive litigation:
Provided further, That $25,000,000 shall only be available to support
or establish task forces to enforce Federal laws related to preventing the
possession by criminals of firearms (as defined in section 921(a) of title 18,
United States Code), of which $5,000,000 shall be for a task force in each of
the paired locations of Philadelphia, Pennsylvania, and Camden, New Jersey;
Las Cruces, New Mexico, and Albuquerque, New Mexico; Savannah, Georgia, and
Charleston, South Carolina; Baltimore, Maryland, and Prince Georges County,
Maryland; and Denver, Colorado, and Salt Lake City, Utah.
In addition, $500,000,000 for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund.
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.
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,
$409,253,000, as authorized by 28 U.S.C. 561(i); of which not to exceed $6,000
shall be available for official reception and representation expenses; and of
which not to exceed $4,000,000 for development, implementation, maintenance
and support, and training for an automated prisoner information system shall
remain available until expended: Provided, That none of the amount
made available under this heading may be used to contract with any individual
to perform the duties of an officer or employee of the United States Marshals
Service on a temporary or intermittent basis, except for prisoner ground
transport, service of process, and evictions: Provided further, That
none of the amount made available under this heading may be used for the
service of process on any person by an officer or employee of the United
States Marshals Service, unless such service of process is pursuant to a
written request made by a judge of the United States (as defined in section
451 of title 28, United States Code) and approved by the Attorney General.
In addition, $138,000,000 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, $9,632,000, 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 the payment of
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: Provided further, That with respect to the
transportation of Federal, State, local and territorial prisoners and
detainees, the lease or rent of aircraft by the Justice Prisoner Air Transport
System shall be considered use of public aircraft pursuant to 49 U.S.C.
section 40102(a)(37).
For the initial capitalization costs of the Fund, $9,000,000.
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, $500,000,000, 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, $110,000,000, 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: Provided, That, notwithstanding any other
provision of this Act, of the amount made available under this heading, not to
exceed $15,000,000 may be transferred to, and merged with, funds in the
`Federal Prisoner Detention' appropriations account.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service, established by
title X of the Civil Rights Act of 1964, $7,199,000.
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,
$20,300,000.
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 intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and prosecution of
individuals involved in organized crime drug trafficking, $304,014,000, of
which $20,000,000 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;
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, $2,692,791,000; 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
$260,000,000 shall be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our national security; of
which not to exceed $14,000,000 for research, development, test, and
evaluation shall remain available until expended; and 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 $1,500,000 shall be available to maintain an independent program office
dedicated solely to the automation of fingerprint identification services:
Provided, That not to exceed $65,000 shall be available for official
reception and representation expenses: Provided further, That,
including reimbursable full-time equivalent workyears available to the Federal
Bureau of Investigation, not to exceed 27,604 positions and 27,604 full-time
equivalent workyears shall be supported from the funds appropriated in this
Act or made available during fiscal year 2000 under any other Act for the
Federal Bureau of Investigation: Provided further, That no funds in
this Act may be used to provide ballistics imaging equipment to any State or
local authority which has obtained similar equipment through a Federal grant
or subsidy unless the State or local authority agrees to return that equipment
or to repay that grant or subsidy to the Federal Government.
In addition, $280,501,000 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; $10,287,000, 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; acquisition, lease, maintenance, and
operation of aircraft; $798,187,000, 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; and of which not to exceed $50,000 shall be available for official
reception and representation expenses.
In addition, $419,459,000 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, not otherwise provided for, necessary for the administration
and enforcement of the laws relating to immigration, naturalization, and alien
registration, including not to exceed $50,000 to meet unforeseen emergencies
of a confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
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, $1,697,164,000, of which not to exceed $400,000 for research shall
remain available until expended; of which not to exceed $10,000,000 shall be
available for costs associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising out of
contractual or reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to immigration; and
of which not to exceed $5,000,000 is to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and repatriation
of smuggled illegal aliens: Provided, That none of the funds
available to the Immigration and Naturalization Service shall be available to
pay any employee overtime pay in an amount in excess of $20,000 during the
calendar year beginning January 1, 2000: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That not to
exceed $5,000 shall be available for official reception and representation
expenses: Provided further, That, including reimbursable full-time
equivalent workyears available to the Immigration and Naturalization Service,
not to exceed 29,784 positions and 29,784 full-time equivalent workyears shall
be supported from the funds appropriated in this Act or made available during
fiscal year 2000 under any other Act for the Immigration and Naturalization
Service: Provided further, That not to exceed 39 permanent positions
and 39 full-time equivalent workyears and $4,284,000 shall be expended for the
Offices of Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
non-reimbursable basis, or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or long-term basis
and such augmentation may not exceed 4 full-time equivalent workyears:
Provided further, That the number of positions filled through
non-career appointment at the Immigration and Naturalization Service, for
which funding is provided in this Act or is otherwise made available to the
Immigration and Naturalization Service, shall not exceed 4 permanent positions
and 4 full-time equivalent workyears.
violent crime reduction programs
In addition, $873,000,000, for such purposes, to remain available until
expended, to be derived from 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, $138,964,000, to remain available until expended.
Federal Prison System
SALARIES AND EXPENSES
For expenses necessary for the administration, operation, and maintenance
of Federal penal and correctional institutions, including purchase (not to
exceed 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,
$3,156,895,000: 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
the FPS, furnish health services to individuals committed to the custody of
the FPS: Provided further, That not to exceed $6,000 shall be
available for official reception and representation expenses: Provided
further, That not to exceed $50,000,000 for the activation of new
facilities shall remain available until September 30, 2000: 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 7 additional option years for the confinement of Federal
prisoners.
In addition, $46,599,000 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, $549,791,000, 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 Act or any other Act may be transferred to `Salaries and
Expenses', Federal Prison System, upon notification by the Attorney General to
the Committees on Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section 605 of this Act.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make
such expenditures, within the limits of funds and borrowing authority
available, and in accord with the law, and to make such contracts and
commitments, without regard to fiscal year limitations as provided by section
9104 of title 31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for such
corporation, including purchase of (not to exceed five for replacement only)
and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,429,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as authorized by 5
U.S.C. 3109, to be computed on an accrual basis to be determined in accordance
with the corporation's current prescribed accounting system, and such amounts
shall be exclusive of depreciation, payment of claims, and expenditures which
the said accounting system requires to be capitalized or charged to cost of
commodities acquired or produced, including selling and shipping expenses, and
expenses in connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, and the Missing Children's Assistance Act, as amended,
including salaries and expenses in connection therewith, and with the Victims
of Crime Act of 1984, as amended, $168,592,000, 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), and $204,500,000 for counterterrorism programs, including
$40,000,000 as authorized by Section 821 of the Antiterrorism and Effective
Death Penalty Act of 1996, respectively: Provided further, That none
of these funds made available under this heading shall be provided to any
State that has failed to establish a comprehensive counterterrorism plan which
has been approved by the National Domestic Preparedness Office.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, for State and Local Narcotics Control and Justice
Assistance Improvements, notwithstanding the provisions of section 511 of said
Act, $452,100,000, to remain available until expended, as authorized by
section 1001 of title I of said Act, as amended by Public Law 102-534 (106
Stat. 3524), of which $52,100,000 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.
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'), $1,547,450,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund; of which $400,000,000
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: Provided further, That $30,000,000 shall be available
for the Police Corps training program, as authorized by sections 200101-200113
of the 1994 Act; of which $350,000,000 shall be available for the Crime
Identification Technology Initiative, of which $40,000,000 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, of which
$12,000,000 is available for the Office of Justice Program's Global Criminal
Justice Information Network for work with states and local jurisdictions; of
which $100,000,000 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 $75,000,000 shall be for Violent Offender Incarceration and
Truth in Sentencing Incentive Grants pursuant to subtitle A of title II of the
1994 Act, of which $41,000,000 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 $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 $23,000,000 which shall be used
exclusively for the purpose of strengthening civil legal assistance programs
for victims of domestic violence, and $10,000,000 which shall be used
exclusively for violence on college campuses: Provided further, That,
of these funds, $5,200,000 shall be provided to the National Institute of
Justice for research and evaluation of violence against women, and $10,000,000
shall be available to the Office of Juvenile Justice and Delinquency
Prevention for the Safe Start Program, to be administered as authorized by
part C of the Juvenile Justice and Delinquency Act of 1974, as amended; of
which $34,000,000 shall be for Grants to Encourage Arrest Policies to States,
units of local government, and Indian tribal governments, as authorized by
section 1001(a)(19) of the 1968 Act; of which $25,000,000 shall be for Rural
Domestic Violence and Child Abuse Enforcement Assistance Grants, as authorized
by section 40295 of the 1994 Act; of which $5,000,000 shall be for training
programs to assist probation and parole officers who work with released sex
offenders, as authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects; of which $1,000,000 shall be for grants for televised
testimony, as authorized by section 1001(a)(7) of the 1968 Act; of which
$5,000,000 shall be for the Tribal Courts Initiative; 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
$30,000,000 shall be for State and local forensic 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 to
reduce their DNA convicted offender database sample backlog; 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 $100,000,000 shall be for Juvenile
Accountability Incentive Block Grants, except that such funds shall be subject
to the same terms and conditions as set forth in the provisions under this
heading for this program in Public Law 105-119, but all references in such
provisions to 1998 shall be deemed to refer instead to 1999; of which
$12,000,000 shall be available for the Office of Justice Programs' Global
Information Integration Initiative; of which $45,000,000 shall be available
for the Indian Country Initiative; of which $25,000,000 shall be available for
the Bulletproof Vest Program; of which $25,000,000 shall be available for the
Methamphetamine Program: 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, $40,000,000 to remain available until expended, for
intergovernmental 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.
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, $277,597,000, to remain available until expended, as authorized by
section 299 of part I of title II and section 506 of title V of the Act, as
amended by Public Law 102-586, of which (1) notwithstanding any other
provision of law, $6,847,000 shall be available for expenses authorized by
part A of title II of the Act, $89,000,000 shall be available for expenses
authorized by part B of title II of the Act, and $49,750,000 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 one 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) $15,000,000 shall be available for expenses
authorized by part G of title II of the Act for juvenile mentoring programs;
(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
$20,000,000 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: 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, $218,000,000 shall be available for the Safe Schools
Initiative.
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) and, in addition, $3,500,000, to
remain available until expended, for programs authorized by section 1201(h) of
said Act.
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. Section 110 of division C of Public Law 104-208 is repealed.
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 10 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 20 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act and shall
not be available for obligation except in compliance with the procedures set
forth in that section.
SEC. 108. Notwithstanding any other provision of law, for fiscal year 2000
and thereafter, 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.
SEC. 109. (a)(1) Notwithstanding any other provision of law, for fiscal
year 2000, the Attorney General may obligate any funds appropriated for or
reimbursed to the Counterterrorism programs, projects or activities of the
Department of Justice to purchase or lease equipment or any related items, or
to acquire interim services, without regard to any otherwise applicable
Federal acquisition rule, if the Attorney General determines that--
(A) there is an exigent need for the equipment, related items, or
services in order to support an ongoing counterterrorism, national security,
or computer-crime investigation or prosecution;
(B) the equipment, related items, or services required are not available
within the Department of Justice; and
(C) adherence to that Federal acquisition rule would--
(i) delay the timely acquisition of the equipment, related items, or
services; and
(ii) adversely affect an ongoing counterterrorism, national security,
or computer-crime investigation or prosecution.
(2) In this subsection, the term `Federal acquisition rule' means any
provision of title II or IX of the Federal Property and Administrative
Services Act of 1949, the Office of Federal Procurement Policy Act, the Small
Business Act, the Federal Acquisition Regulation, or any other provision of
law or regulation that establishes policies, procedures, requirements,
conditions, or restrictions for procurements by the head of a department or
agency or the Federal Government.
(b) The Attorney General shall immediately notify the Committees on
Appropriations of the House of Representatives and the Senate in writing of
each expenditure under subsection (a), which notification shall include
sufficient information to explain the circumstances necessitating the exercise
of the authority under that subsection.
SEC. 110. Notwithstanding any other provision of law for fiscal year 2000
and thereafter, in any action brought by a prisoner under section 1979 of the
Revised Statutes (42 U.S.C. 1983) against a Federal, State, or local jail,
prison, or correctional facility, or any employee or former employee thereof,
arising out of the incarceration of that prisoner--
(1) the financial records of a person employed or formerly employed by
the Federal, State, or local jail, prison, or correctional facility, shall
not be subject to disclosure without the written consent of that person or
pursuant to a court order, unless a verdict of liability has been entered
against that person; and
(2) the home address, home phone number, social security number,
identity of family members, personal tax returns, and personal banking
information of a person described in paragraph (1), and any other records or
information of a similar nature relating to that person, shall not be
subject to disclosure without the written consent of that person, or
pursuant to a court order.
SEC. 111. 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, and may not be paid from
amounts provided in this Act.
SEC. 112. Section 2(c) of the Public Law 104-232, as amended, is further
amended by replacing `five' with `three'.
SEC. 113. 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 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. 114. (a) The Attorney General shall establish by plain rule that it
shall be punishable conduct for any Department of Justice employee, in the
discharge of his or her official duties, intentionally to--
(1) seek the indictment of any person in the absence of a reasonable
belief of probable cause, as prohibited by the Principles of Federal
Prosecution, U.S. Attorneys' Manual 9-27.200 et seq.;
(2) fail to disclose exculpatory evidence to the defense, in violation
of his or her obligations under Brady v. Maryland, 373 U.S. 83 (1963);
(3) mislead a court as to the guilt of any person by knowingly making a
false statement of material fact or law;
(4) offer evidence lawyers know to be false;
(5) alter evidence in violation of 18 U.S.C. 15[03/12];
(6) attempt to corruptly influence or color a witness' testimony with
the intent to encourage untruthful testimony, in violation of 18 U.S.C. 1503
and 1512;
(7) violate a defendant's right to discovery under Federal Rule of
Criminal Procedure 16(a);
(8) offer or provide sexual activities to any government witness or
potential witness as in exchange for or on account of his or her
testimony;
(9) improperly disseminate confidential, non-public information to any
person during an investigation or trial, in violation of 28 C.F.R. 50.2,
Federal Rule of Criminal Procedure 6(e); 18 U.S.C. 2511(1)(c), 18 U.S.C.
2232 (b) and (c), 26 U.S.C. 6103, or United States Attorneys' Manual 1-7.000
et seq.
(b) The Attorney General shall establish a range of penalties for engaging
in conduct described above that shall include--
(4) referral of ethical charges to the bar;
(5) suspension from employment; and
(6) referral of the allegations, if appropriate, to a grand jury for
possible criminal prosecution.
(c) Subsection (a) is not intended to and does not create substantive
rights on behalf of criminal defendants, civil litigants, targets or subjects
of investigation, witnesses, counsel for represented parties or represented
parties, or any other person, and shall not be a basis for dismissing criminal
or civil charges or proceedings against any person or for excluding relevant
evidence in any proceeding in any court of the United States.
SEC. 115. (a) Hereafter, none of the funds made available by this or any
other Act may be used to pay premium pay under title 5, United States Code,
sections 5542 to 5549, to any individual employed as an attorney, including an
Assistant United States Attorney, in the U.S. Department of Justice for any
work performed on or after the date of enactment of this Act.
(b) Hereafter, notwithstanding any other provision of law, neither the
United States nor any individual or entity acting on its behalf shall be
liable for premium pay under title 5, United States Code, sections 5542 to
5549, for any work performed on or after the date of enactment of this Act by
any individual employed as an attorney in the Department of Justice, including
an Assistant United States Attorney.
SEC. 116. Notwithstanding any other provision of this Act, the total of
the amounts appropriated under this title of this Act is reduced by
$2,468,000, out of which the reductions for each account shall be made in
accordance with the chart on fiscal year 2000 general pricing level adjustment
dated May 4, 1999, provided to Congress by the Department of Justice.
SEC. 117. 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,'.
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,
$26,067,000, 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,
$45,700,000, 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 ten 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,
$290,696,000, 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
$311,344,000 provided for in direct obligations (of which $308,344,000 is
appropriated from the General Fund, $3,000,000 is derived from fee
collections, $68,729,000 shall be for Trade Development, $22,549,000 shall be
for Market Access and Compliance, $31,420,000 shall be for the Import
Administration, $169,398,000 shall be for the United States and Foreign
Commercial Service, $14,449,000 shall be for Executive Direction and
Administration, and $4,799,000 shall be for carryover restoration:
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; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement; 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,
$55,931,000 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 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, $203,379,000.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $24,937,000: 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,
$27,627,000.
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, $51,158,000, 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, $156,944,000.
periodic censuses and programs
For expenses necessary to conduct the decennial census, $2,789,545,000 to
remain available until expended.
In addition, for expenses to collect and publish statistics for other
periodic censuses and programs provided for by law, $125,209,000, 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), $11,009,000, 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 NTIA 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 the 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 sections 391 and 392 of the Communications Act of
1934, as amended, $30,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not
to exceed $1,800,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for which
applications have been submitted and approved during any fiscal year:
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, $18,102,000, to remain available until expended as authorized by
section 391 of the Act: 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 section 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, $785,976,000, to remain available until expended:
Provided, That of this amount, $785,976,000 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 $785,976,000, the total
amounts available to the Patent and Trademark Office shall be reduced
accordingly: Provided further, That any amount received in excess of
$785,976,000 in fiscal year 2000 shall remain available until expended, but
shall not be available for obligation until October 1, 2000.
Science and Technology
Technology Administration
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology/Office of
Technology Policy, $7,972,000, of which not to exceed $600,000 shall remain
available until September 30, 2001.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards and
Technology, $288,128,000, 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, $109,836,000, to remain
available until expended.
In addition, for necessary expenses of the Advanced Technology Program of
the National Institute of Standards and Technology, $226,500,000, to remain
available until expended, of which not to exceed $73,000,000 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, $117,500,000, to remain available until expended, of
which not to exceed $10,000,000 shall be used to fund a cooperative agreement
with the University of South Carolina School of Medicine, and of which not to
exceed $10,000,000 shall be used to fund a cooperative agreement with
Dartmouth College.
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; $1,776,728,000, 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,
$66,426,000 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 the Secretary of Commerce shall
make funds available to implement the mitigation recommendations identified
subsequent to the `1995 Secretary's Report to Congress on Adequacy of NEXRAD
Coverage and Degradation of Weather Services', and shall ensure continuation
of weather service coverage for these communities until mitigation activities
are completed: 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 five 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.
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, $670,578,000, 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 listed under the Endangered Species Act, $100,000,000:
Provided, That, of the amounts provided, $20,000,000 each is made
available as direct payments to the States of California, Oregon, Washington,
and Alaska: Provided further, That $15,000,000 is made available to
the State of Washington as a direct payment for implementation of the June 3,
1999 Agreement of the United States and Canada on the Treaty Between the
Government of the United States of America and the Government of Canada
Concerning Pacific Salmon, 1985 (hereafter referred to as the `Pacific Salmon
Treaty') extending the Treaty framework to include habitat protection
objectives, subject to express authorization: Provided further, That
$5,000,000 is made available as a direct payment to the State of Alaska for
implementation of the June 3, 1999 Agreement of the United States and Canada
on the Pacific Salmon Treaty extending the Treaty framework to include habitat
protection objectives for fisheries enhancement measures, subject to express
authorization.
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.
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, $2,038,000, 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, $34,046,000.
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 (App. 1-11 as
amended by Public Law 100-504), $17,900,000.
FISHERIES PROMOTIONAL FUND
(RESCISSION)
Of the unobligated balances available under this heading, $1,187,000 are
rescinded.
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 paid before October 1, 1992, as authorized by
section 8501 of title 5, United States Code, for services performed after
April 20, 1990, by individuals appointed to temporary positions within the
Bureau of the Census for purposes relating to the 1990 decennial census 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. Any costs incurred by a Department or agency funded under this
title resulting from personnel actions taken in response to funding reductions
included in this title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within the total budgetary
resources available to such Department or agency: Provided, That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
SEC. 207. The Secretary of Commerce may award contracts for hydrographic,
geodetic, and photogrammetric surveying and mapping services in accordance
with title IX of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 541 et seq.).
SEC. 208. The Secretary of Commerce may use the Commerce franchise fund
for expenses and equipment necessary for the maintenance and operation of such
administrative services as the Secretary determines may be performed more
advantageously as central services, pursuant to section 403 of Public Law
103-356: Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either on hand or on
order, less the related liabilities or unpaid obligations, and any
appropriations made for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall be paid
in advance from funds available to the Department and other Federal agencies
for which such centralized services are performed, at rates which will return
in full all expenses of operation, including accrued leave, depreciation of
fund plant and equipment, amortization of automated data processing (ADP)
software and systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to exceed 4
percent of the total annual income to such fund may be retained in the fund
for fiscal year 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.
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, $34,759,000.
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 him by the Act approved May 7,
1934 (40 U.S.C. 13a-13b), $18,123,000, of which $15,222,000 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, $16,911,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and 8 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,
$2,892,265,000 (including the purchase of firearms and ammunition); of which
not to exceed $19,150,000 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, $100,000,000 for such purposes, to remain available until
expended, to be derived from the Violent Crime Reduction Trust Fund.
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 $2,581,000, 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; 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),
$353,888,000, to remain available until expended as authorized by 18 U.S.C.
3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876;
compensation of jury commissioners as authorized by 28 U.S.C. 1863; and
compensation of commissioners appointed in condemnation cases pursuant to rule
71A(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule
71A(h)), $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), $196,026,000, of which not to exceed $10,000,000 shall remain
available until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering the
Judicial Facility 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, $56,054,000,
of which not to exceed $10,000 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, $18,476,000; 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, $4,743,000, of which not to exceed
$1,000 is authorized for official reception and representation expenses.
General Provisions--The Judiciary
SEC. 301. Appropriations and authorizations made in this title which are
available for salaries and expenses shall be available for services as
authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 10 percent of any appropriation made available for
the current fiscal year for the Judiciary in this Act may be transferred
between such appropriations, but no such appropriation, except `Courts of
Appeals, District Courts, and Other Judicial Services, Defender Services' and
`Courts of Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners', shall be increased by more than 20 percent by any
such transfers: Provided, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
SEC. 303. Notwithstanding any other provision of law, the salaries and
expenses appropriation for district courts, courts of appeals, and other
judicial services shall be available for official reception and representation
expenses of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $12,000 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.
SEC. 305. Notwithstanding any other provision of law, in addition to funds
appropriated elsewhere in this title, $2,700,000 is appropriated to the
`Courts of Appeals, District Courts, and Other Judicial Services' and is
provided for the Institute at Saint Anselm College and the New Hampshire State
Library.
This title may be cited as `The Judiciary Appropriations Act, 2000'.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
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 of 1948; expenses authorized by
section 9 of the Act of August 31, 1964, as amended; representation to certain
international organizations in which the United States participates pursuant
to treaties, ratified pursuant to the advice and consent of the Senate, or
specific Acts of Congress; arms control, nonproliferation, and disarmament
activities as authorized by the Arms Control and Disarmament Act of September
26, 1961, as amended; acquisition by exchange or purchase of passenger motor
vehicles as authorized by law; and for expenses of general administration,
$2,671,429,000: 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 of the amount made
available under this heading, $299,480,000 shall be available only for
worldwide security upgrades: 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, $5,000,000 shall be
available only for overseas continuing language education: Provided
further, That of the amount made available under this heading,
$13,500,000 shall be available only for the East-West Center: Provided
further, That of the amount made available under this heading, $6,000,000
shall be available only for overseas representation expenses: Provided
further, That of the amount made available under this heading, not to
exceed $125,000 shall be available only for the Maui Pacific Center:
Provided further, That no employee of the Department of State shall be
detailed to another agency, organization, or institution on a reimbursable or
non-reimbursable basis for a total of more than 2 years during any 5-year
period: Provided further, That not later than 3 months after the date
of enactment of this Act, each employee of the Department of State who has
served on detail to another agency, organization, or institution for a total
of more than 2 years during the 5-year period preceding the date of enactment
of this Act shall terminate the detail: 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 year 2000 and each fiscal year
thereafter, under the authority of section 140(a)(1) of that Act: Provided
further, That all fees collected under the preceding proviso shall be
deposited 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 for the Bureau of Oceans and
International Environment and Scientific Affairs, $5,000,000 is appropriated
for a Northern Boundary and Transboundary Rivers Restoration Fund, subject to
express authorization.
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, not to exceed
$6,000,000, to remain available until expended, may be credited to this
appropriation from fees or other payments received from or in connection with
English teaching, library, motion pictures, and publication programs, and from
fees from educational advising and counseling, and exchange visitor program
services as authorized by section 810 of such Act of 1948; 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.
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.), $26,495,000, 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 (91 Stat. 1636),
as amended, $216,476,000, 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 publication programs as authorized by section 810 of
the United States Information and Educational Exchange Act of 1948 (22 U.S.C.
1475e) and, notwithstanding any other provision of law, fees from educational
advising and counseling.
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, 2000.
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), $583,496,000, 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)): 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.
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,
$7,000,000 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
Salaries and Expenses account under Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act, Public Law
96-8, $16,000,000.
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, or specific Acts of Congress, $943,308,000, of which not to exceed
$107,000,000 shall remain available until expended for payment of arrearages:
Provided, That none of the funds appropriated or otherwise made
available by this Act for payment of arrearages may be obligated or expended
unless such obligation or expenditure is expressly authorized by the enactment
of a separate Act that makes payment of arrearages contingent upon United
Nations reforms: Provided further, That any payment of arrearages
shall be directed toward special activities that are mutually agreed upon by
the United States and the respective international 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, $280,925,000, of which not to exceed
$28,093,000 shall remain available until September 30, 2001, and of which not
to exceed $137,000,000 shall remain available until expended for payment of
arrearages: Provided, That none of the funds appropriated or
otherwise made available by this Act for payment of arrearages may be
obligated or expended unless such obligation or expenditure is expressly
authorized by the enactment of a separate Act that makes payment of arrearages
contingent upon United Nations reforms: Provided further, That the
funds provided under this heading (other than funds provided to pay
arrearages) shall be disbursed in the manner described in the following
table:
Mission
Amount
UN Disengagement Observer Force
--$8,900,000
UN Interim Force in Lebanon
--34,000,000
UN Iraq/Kuwait Observer Mission
--4,500,000
UN Mission in Bosnia and Herzegovina/UN Mission of Observers in Prevlaka
--50,000,000
UN Force in Cyprus
--6,500,000
UN Observer Mission in Georgia
--5,500,000
UN Mission of Observers to Tajikistan
--7,000,000
UN Observer Mission in Sierra Leone
--8,500,000
War Crimes Tribunal--Yugoslavia and Rwanda
--15,525,000
UN Observer Mission to East Timor
--3,500,000
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
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.
RELATED AGENCIES
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, and Reorganization Plan No. 2 of 1977, as amended, and the Foreign
Affairs Reform and Restructuring Act of 1998, to carry out international
communication activities, $362,365,000, 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,
$23,664,000, 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.
RADIO CONSTRUCTION
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), $13,245,000, 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 Agencies
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 10 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 20 percent by
any such transfers: Provided, That not to exceed 10 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 20 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. None of the funds made available in this Act may be used by the
Department of State or the Broadcasting Board of Governors to provide
equipment, technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
SEC. 405. None of the funds appropriated or otherwise made available by
this Act or any other Act for fiscal year 2000 or any fiscal year thereafter
may be obligated or expended for the operation of a United States consulate or
diplomatic facility in Jerusalem unless such consulate or diplomatic facility
is under the supervision of the United States Ambassador to Israel.
SEC. 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
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. 407. For the purposes of registration of birth, certification of
nationality, or issuance of a passport of a United States citizen born in the
city of Jerusalem, the Secretary of State shall, upon request of the citizen,
record the place of birth as Israel.
This title may be cited as the `Department of State and Related Agencies
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, $98,700,000, to
remain available until expended.
operations and training
For necessary expenses of operations and training activities authorized by
law, $72,664,000.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by the Merchant Marine
Act, 1936, $11,000,000, 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 $3,893,000, 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, and all receipts which otherwise would be
deposited to the credit of said fund shall be covered into the Treasury as
miscellaneous receipts.
Census Monitoring Board
For necessary expenses of the Census Monitoring Board, as authorized by
section 210 of Public Law 105-119, $4,000,000, to remain available until
expended.
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 4 full-time individuals under Schedule C of the Excepted Service
exclusive of 1 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.
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, $1,250,000, 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. 5901-02; 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, $232,805,000, 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
$47,051,000: 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.
Notwithstanding any other provision of law, the Federal Communications
Commission is authorized to operate, maintain, and repair its headquarters
building, and may negotiate with the lessor or place orders for alterations or
building services.
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. 5901-02, $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,
$114,059,000: 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 any other provision of law, not to exceed
$114,059,000 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: Provided further,
That any unobligated balances remaining available at the end of the fiscal
year may be reallocated among participating programs for technology
enhancements and demonstration projects in succeeding fiscal years, subject to
the reprogramming procedures described in section 605 of this Act.
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, and 504 of
Public Law 105-119 (111 Stat. 2510), 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 of the law 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, $1,300,000.
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, $0;
and, in addition, to remain available until expended, from fees collected in
fiscal year 1998, $130,800,000, and from fees collected in fiscal year 2000,
$240,000,000; 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 103-403, 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,
$251,300,000: 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 $87,000,000 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.), $13,250,000.
business loans program account
For the cost of direct loans, $4,000,000, to be available until expended;
and for the cost of guaranteed loans, $164,368,000, 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(d)(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 $10,500,000,000 without prior notification
of the Committees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act.
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, $77,700,000, 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, $86,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, including $500,000 for the Office of
Inspector General of the Small Business Administration for audits and reviews
of disaster loans and the disaster loan program, and said sums 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.
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 $1,000,000 or 20 percent, whichever is
less, that: (1) augments existing programs, projects, or activities; (2)
reduces by 20 percent funding for any existing program, project, or activity,
or numbers of personnel by 20 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. (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. 610. Notwithstanding any other provision of law, not more than 20
percent of the amount allocated to any account or subaccount from an
appropriation made by this Act that is available for obligation only in the
current fiscal year may be obligated during the last two months of the fiscal
year.
SEC. 611. None of the funds made available in this Act shall be used to
provide the following amenities or personal comforts in the Federal prison
system--
(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. 612. 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. 613. 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. 614. 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. 615. (a) None of the funds appropriated or otherwise made available
by this Act shall be expended for any purpose for which appropriations are
prohibited by section 616 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1999.
(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 following, `,
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. 616. None of the funds appropriated pursuant to this Act or any other
provision of law may be used for (1) the implementation of any tax or fee in
connection with the implementation of 18 U.S.C. 922(t); (2) any system to
implement 18 U.S.C. 922(t) that does not require and result in the immediate
destruction of any identifying information submitted by or on behalf of any
person who has been determined not to be prohibited from owning a firearm.
SEC. 617. None of the funds appropriated or otherwise made available by
this Act may be used to pay to house any individual, other than an attorney,
attending a Federal law enforcement training center in a privately owned or
operated place of lodging.
SEC. 618. Section 309(j)(8) of the Communications Act of 1934 is amended
by adding new paragraph (D) as follows:
`(D) Protection of interests-
`(i) Title 11, United States Code, or any otherwise applicable
Federal or state law regarding insolvencies or receiverships, or any
succeeding Federal law not expressly in derogation of this subsection,
shall not apply to or be construed to apply to the Commission or limit
the rights, powers, or duties of the Commission with respect to (a) a
license or permit issued by the Commission under this subsection or a
payment made to or a debt or other obligation owed to the Commission
relating to or rising from such a license or permit, (b) an interest of
the Commission in property securing such a debt or other obligation, or
(c) an act by the Commission to issue, deny, cancel, or transfer control
of such a license or permit.
`(ii) Notwithstanding otherwise applicable law, the Commission shall
be deemed to have a perfected, first priority security interest in a
license or construction permit issued by the Commission under this
subsection and the proceeds of such a license or permit for which a debt
or other obligation is owed to the Commission under this
subsection.
`(iii) This paragraph shall apply retroactively, including to
pending cases and proceedings whether on appeal or
otherwise.'.
SEC. 619. Notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be provided for or
used by the National Security Council or personnel working for or detailed to
the Council.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading, $22,577,000 are
rescinded.
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading, $5,500,000 are
rescinded.
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.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(RESCISSION)
Of the funds provided under the heading, `Operations, Research, and
Facilities' in the Dire Emergency Supplemental Appropriations Act, 1992
(Public Law 102-368), $3,400,000 are rescinded.
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Security and Maintenance of United States Missions
(RESCISSION)
Of the unobligated balances available under this heading, $58,436,000 are
rescinded.
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
(RESCISSION)
Of the unobligated balances available under this heading, $18,780,000 are
rescinded.
This Act may be cited as the `Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2000'.
Calendar No. 153
106th CONGRESS
1st Session
S. 1217
[Report No. 106-76]
A BILL
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.
JUNE 14, 1999
Read twice and placed on the calendar
END