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S.1217
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2000 (Placed on the Calendar in the
Senate)
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal
Services Corporation to carry out the purposes
of the Legal Services Corporation Act of 1974, as amended,
$300,000,000, of which $289,000,000 is for basic field programs and required
independent audits; $2,100,000 is for the Office of Inspector General, of
which such amounts as may be necessary may be used to conduct additional
audits of recipients; and $8,900,000 is for management and administration:
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.
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