H. Rept. 106-1005 - MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AND OTHER ACTIVITIES CHARGEABLE IN WHOLE OR IN PART AGAINST REVENUES OF SAID DISTRICT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND FOR OTHER PURPOSES106th Congress (1999-2000)
Committee Report
Hide Overview icon-hide| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.4942 |
Reports for H.R.4942
Report text available as:
- TXT
(PDF provides a complete and accurate display of this text.) Tip?
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-1005
======================================================================
MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
AND OTHER ACTIVITIES CHARGEABLE IN WHOLE OR IN PART AGAINST REVENUES
OF SAID DISTRICT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND
FOR OTHER PURPOSES
_______
October 26 (legislative day, October 25), 2000.--Ordered to be printed
_______
Mr. Istook, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4942]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4942) ``making appropriations for the government of the
District of Columbia and other activities chargeable in whole
or in part against revenues of said District for the fiscal
year ending September 30, 2001, and for other purposes'',
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
Section 1. (a) The provisions of the following bills of
the 106th Congress are hereby enacted into law:
(1) H.R. 5547, as introduced on October 25, 2000.
(2) H.R. 5548, as introduced on October 25, 2000.
(b) In publishing this Act in slip form and in the United
States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end appendixes
setting forth the texts of the bills referred to in subsection
(a) of this section.
And the Senate agree to the same.
Ernest J. Istook, Jr.,
Randy ``Duke'' Cunningham,
Todd Tiahrt,
Robert B. Aderholt,
Jo Ann Emerson,
John E. Sununu,
C.W. Bill Young,
Managers on the Part of the House.
Kay Bailey Hutchison,
Jon Kyl,
Ted Stevens,
Richard J. Durbin (DC only),
Daniel K. Inouye (DC only),
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4942) making
appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the
revenues of said District for the fiscal year ending September
30, 2001, and for other purposes, submit the following joint
statement to the House and the Senate in explanation of the
effect of the actions agreed upon by the managers and
recommended in the accompanying conference report.
This conference agreement includes more than the District
of Columbia Appropriations Act, 2001. The conference agreement
has been expanded to include the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001, as well as the District of Columbia
Appropriations Act, 2001. Both of these Acts have been enacted
into law by reference in this conference report; however, a
copy of the referenced legislation has been included in this
statement for convenience.
district of columbia appropriations
The conference agreement would enact the provisions of
H.R. 5547 as introduced on October 25, 2000. The text of that
bill follows:
A BILL Making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part against
the revenues of said District for the fiscal year ending September 30,
2001, 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 District of
Columbia for the fiscal year ending September 30, 2001, and for
other purposes, namely:
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a
nationwide program to be administered by the Mayor for District
of Columbia resident tuition support, $17,000,000, to remain
available until expended: Provided, That such funds may be used
on behalf of eligible District of Columbia residents to pay an
amount based upon the difference between in-State and out-of-
State tuition at public institutions of higher education,
usable at both public and private institutions for higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic merit
and such other factors as may be authorized.
Federal Payment for Incentives for Adoption of Children
The paragraph under the heading ``Federal Payment for
Incentives for Adoption of Children'' in Public Law 106-113,
approved November 29, 1999 (113 Stat. 1501), is amended to read
as follows: ``For a Federal payment to the District of Columbia
to create incentives to promote the adoption of children in the
District of Columbia foster care system, $5,000,000: Provided,
That such funds shall remain available until September 30,
2002, and shall be used to carry out all of the provisions of
title 38, except for section 3808, of the Fiscal Year 2001
Budget Support Act of 2000, D.C. Bill 13-679, enrolled June 12,
2000.''.
Federal Payment to the Chief Financial Officer of the District of
Columbia
For a Federal payment to the Chief Financial Officer of the
District of Columbia, $1,250,000, of which $250,000 shall be
for payment to a mentoring program and for hotline services;
$250,000 shall be for payment to a youth development program
with a character building curriculum; $250,000 shall be for
payment to a basic values training program; and $500,000, to
remain available until expended, shall be for the design,
construction, and maintenance of a trash rack system to be
installed at the Hickey Run stormwater outfall.
Federal Payment for Commercial Revitalization Program
For a Federal payment to the District of Columbia,
$1,500,000, to remain available until expended, for the Mayor,
in consultation with the Council of the District of Columbia,
to provide offsets against local taxes for a commercial
revitalization program, such program to provide financial
inducements, including loans, grants, offsets to local taxes
and other instruments that promote commercial revitalization in
Enterprise Zones and low and moderate income areas in the
District of Columbia: Provided, That in carrying out such a
program, the Mayor shall use Federal commercial revitalization
proposals introduced in Congress as a guideline: Provided
further, That not later than 180 days after the date of the
enactment of this Act, the Mayor shall report to the Committees
on Appropriations of the Senate and House of Representatives on
the progress made in carrying out the commercial revitalization
program.
Federal Payment to the District of Columbia Public Schools
For a Federal payment to the District of Columbia Public
Schools, $500,000: Provided, That $250,000 of said amount shall
be used for a program to reduce school violence: Provided
further, That $250,000 of said amount shall be used for a
program to enhance the reading skills of District public school
students.
Federal Payment to the Metropolitan Police Department
For a Federal payment to the Metropolitan Police
Department, $100,000: Provided, That said funds shall be used
to fund a youth safe haven police mini-station for mentoring
high risk youth.
Federal Contribution to Covenant House Washington
For a Federal contribution to Covenant House Washington for
a contribution to the construction in Southeast Washington of a
new community service center for homeless, runaway and at-risk
youth, $500,000.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia
Corrections Trustee, $134,200,000 for the administration and
operation of correctional facilities and for the administrative
operating costs of the Office of the Corrections Trustee, as
authorized by section 11202 of the National Capital
Revitalization and Self-Government Improvement Act of 1997
(Public Law 105-33; 111 Stat. 712) of which $1,000,000 is to
fund an initiative to improve case processing in the District
of Columbia criminal justice system: Provided, That
notwithstanding any other provision of law, funds appropriated
in this Act for the District of Columbia Corrections Trustee
shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That in addition to the funds
provided under this heading, the District of Columbia
Corrections Trustee may use any remaining interest earned on
the Federal payment made to the Trustee under the District of
Columbia Appropriations Act, 1998, to carry out the activities
funded under this heading.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia
Courts, $105,000,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $7,409,000; for the
District of Columbia Superior Court, $71,121,000; for the
District of Columbia Court System, $17,890,000; $5,255,000 to
finance a pay adjustment of 8.48 percent for nonjudicial
employees; and $3,325,000, including $825,000 for roofing
repairs to the facility commonly referred to as the Old
Courthouse and located at 451 Indiana Avenue, Northwest, to
remain available until September 30, 2002, for capital
improvements for District of Columbia courthouse facilities:
Provided, That none of the funds in this Act or in any other
Act shall be available for the purchase, installation or
operation of an Integrated Justice Information System until a
detailed plan and design has been submitted by the courts and
approved by the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be
provided on a contractual basis with the General Services
Administration (GSA), said services to include the preparation
of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Committee on Government Reform of the House of
Representatives.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Code (relating to representation provided under
the District of Columbia Criminal Justice Act), payments for
counsel appointed in proceedings in the Family Division of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Code, and payments for counsel authorized under
section 21-2060, D.C. Code (relating to representation provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$34,387,000, to remain available until expended: Provided, That
the funds provided in this Act under the heading ``Federal
Payment to the District of Columbia Courts'' (other than the
$3,325,000 provided under such heading for capital improvements
for District of Columbia courthouse facilities) may also be
used for payments under this heading: Provided further, That,
in addition to the funds provided under this heading, the Joint
Committee on Judicial Administration in the District of
Columbia shall use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other
than the $3,325,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities),
to make payments described under this heading for obligations
incurred during any fiscal year: Provided further, That such
funds shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration
(GSA), said services to include the preparation of monthly
financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations
of the Senate and House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Committee on
Government Reform of the House of Representatives: Provided
further, That the District of Columbia Courts shall implement
the recommendations in the General Accounting Office Report
GAO/AIMD/OGC-99-226 regarding payments to court-appointed
attorneys and shall report quarterly to the Office of
Management and Budget and to the House and Senate
Appropriations Committees on the status of these reforms.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(including transfer of funds)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997 (Public Law 105-33; 111 Stat. 712),
$112,527,000, of which $67,521,000 shall be for necessary
expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to supervision of
adults subject to protection orders or provision of services
for or related to such persons; $18,778,000 shall be
transferred to the Public Defender Service; and $26,228,000
shall be available to the Pretrial Services Agency: Provided,
That of the amount provided under this heading, $17,854,000
shall be used to improve pretrial defendant and post-conviction
offender supervision, enhance drug testing and sanctions-based
treatment programs and other treatment services, expand
intermediate sanctions and offender re-entry programs, continue
planning and design proposals for a residential Sanctions
Center and improve administrative infrastructure, including
information technology; and $836,000 of the $17,854,000
referred to in this proviso is for the Public Defender Service:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That notwithstanding section 446 of the District of
Columbia Home Rule Act or any provision of subchapter III of
chapter 13 of title 31, United States Code, the use of interest
earned on the Federal payment made to the District of Columbia
Offender Supervision, Defender, and Court Services Agency under
the District of Columbia Appropriations Act, 1998, by the
Agency during fiscal years 1998 and 1999 shall not constitute a
violation of such Act or such subchapter.
Federal Payment for Washington Interfaith Network
For a Federal payment to the Washington Interfaith Network
to reimburse the Network for costs incurred in carrying out
preconstruction activities at the former Fort Dupont Dwellings
and Additions, $1,000,000: Provided, That such activities may
include architectural and engineering studies, property
appraisals, environmental assessments, grading and excavation,
landscaping, paving, and the installation of curbs, gutters,
sidewalks, sewer lines, and other utilities: Provided further,
That the Secretary of the Treasury shall make such payment only
after the Network has received matching funds from private
sources (including funds provided through loans) to carry out
such activities in an aggregate amount which is equal to the
amount of such payment (as certified by the Inspector General
of the District of Columbia) and has provided the Secretary of
the Treasury with a request for reimbursement which contains
documentation certified by the Inspector General of the
District of Columbia showing that the Network carried out the
activities and that the costs incurred in carrying out the
activities were equal to or less than the amount of the
reimbursement requested: Provided further, That none of the
funds provided under this heading may be obligated or expended
after December 31, 2001 (without regard to whether the
activities involved were carried out prior to such date).
Federal Payment for Plan to Simplify Employee Compensation Systems
For a Federal payment to the Mayor of the District of
Columbia for a contract for the study and development of a plan
to simplify the compensation systems, schedules, and work rules
applicable to employees of the District government, $250,000:
Provided, That under the terms of the contract the plan shall
include (at a minimum) a review of the current compensation
systems, schedules, and work rules applicable to such
employees; a review of the best practices regarding the
compensation systems, schedules, and work rules of State and
local governments and other appropriate organizations; a
proposal for simplifying the systems, schedules, and rules
applicable to employees of the District government; and the
development of strategies for implementing such proposal,
including an identification of any statutory, contractual, or
other barriers to implementing the proposal and an estimated
time frame for implementing the proposal: Provided further,
That under the terms of the contract the contractor shall
submit the plan to the Mayor and to the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That the Mayor shall develop a proposed
solicitation for the contract not later than 90 days after the
date of the enactment of this Act and shall submit a copy of
the proposed solicitation to the Comptroller General for review
at least 90 days prior to the issuance of such solicitation:
Provided further, That not later than 45 days after receiving
the proposed solicitation from the Mayor, the Comptroller
General shall review the solicitation to ensure that it
adequately addresses all of the necessary elements described
under this heading and report to the Committees on
Appropriations of the House of Representatives and Senate on
the results of this review: Provided further, That for purposes
of this contract the term ``District government'' has the
meaning given such term in section 305(5) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995 (sec. 47-393(5), D.C. Code), except that such term
shall not include the courts of the District of Columbia and
shall include the District of Columbia Financial Responsibility
and Management Assistance Authority.
Metrorail Construction
For the Washington Metropolitan Area Transit Authority
[WMATA], a contribution of $25,000,000, to remain available
until expended, to design and build a Metrorail station located
at New York and Florida Avenues, Northeast: Provided, That
prior to the release of said funds from the U.S. Treasury, the
District of Columbia shall set aside an additional $25,000,000
for this project in its Fiscal Year 2001 Budget and Financial
Plan and, further, shall establish a special taxing district
for the neighborhood of the proposed Metrorail station to
provide $25,000,000: Provided further, That the requirements of
49 U.S.C. 5309(a)(2) shall apply to this project.
Federal Payment for Brownfield Remediation
For a Federal payment to the District of Columbia,
$3,450,000 for environmental and infrastructure costs at Poplar
Point: Provided, That of said amount, $2,150,000 shall be
available for environmental assessment, site remediation and
wetlands restoration of the 11 acres of real property under the
jurisdiction of the District of Columbia: Provided further,
That no more than $1,300,000 shall be used for infrastructure
costs for an entrance to Anacostia Park: Provided further, That
none of said funds shall be used by the District of Columbia to
purchase private property in the Poplar Point area.
Presidential Inauguration
For a payment to the District of Columbia to reimburse the
District for expenses incurred in connection with Presidential
inauguration activities, $5,961,000, as authorized by section
737(b) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 824; D.C. Code, sec. 1-1132), which
shall be apportioned by the Chief Financial Officer within the
various appropriation headings in this Act.
Children's National Medical Center
For a Federal contribution to the Children's National
Medical Center in the District of Columbia, $500,000 to be used
for the network of satellite pediatric health clincs for
children and families in underserved neighborhoods and
communities in the District of Columbia.
Child Advocacy Center
For a Federal contribution to the Child Advocacy Center for
its Safe Shores program, $500,000.
St. Coletta of Greater Washington Expansion Project
For a Federal contribution to St. Coletta of Greater
Washington, Inc. for costs associated with the establishment of
a day program and comprehensive case management services for
mentally retarded and multiple-handicapped adolescents and
adults in the District of Columbia, including property
acquisition and construction, $1,000,000.
District of Columbia Special Olympics
For a Federal contribution to the District of Columbia
Special Olympics, $250,000.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision of
law, except as provided in section 450A of the District of
Columbia Home Rule Act and section 126 of this Act, the total
amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2001 under this heading
shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $5,677,379,000
(of which $172,607,000 shall be from intra-District funds and
$3,250,783,000 shall be from local funds): Provided further,
That the Chief Financial Officer of the District of Columbia
and the District of Columbia Financial Responsibility and
Management Assistance Authority shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the
District during fiscal year 2001, except that the Chief
Financial Officer may not reprogram for operating expenses any
funds derived from bonds, notes, or other obligations issued
for capital projects.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority (Authority), established by
section 101(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (109 Stat.
97; Public Law 104-8), $3,140,000: Provided, That these funds
be derived from accounts held by the Authority on behalf of the
District of Columbia: Provided further, That none of the funds
contained in this Act may be used to pay any compensation of
the Executive Director or General Counsel of the Authority at a
rate in excess of the maximum rate of compensation which may be
paid to such individual during fiscal year 2001 under section
102 of such Act, as determined by the Comptroller General (as
described in GAO letter report B-279095.2): Provided further,
That none of the funds contained in this Act or any other funds
available to the Authority or any other entity of the District
of Columbia government from any source (including any accounts
of the Authority) may be used for any payments (including but
not limited to severance or bonus payments, and payments under
agreements in effect before the enactment of this Act) to any
individual upon or following the individual's separation from
employment with the Authority (other than a payment of the
individual's regular salary for services performed prior to
separation or a payment for unused annual leave accrued by the
individual), except that an individual who is employed by the
Authority during the entire period which begins on the date of
the enactment of this Act and ends on September 30, 2001, may
receive a severance payment after such date in an aggregate
amount which does not exceed the product of 200 percent of the
individual's average weekly salary during the final 12-month
period (or portion thereof) during which the individual was
employed by the Authority and the number of full years during
which the individual was employed by the Authority.
Governmental Direction and Support
Governmental direction and support, $195,771,000 (including
$162,172,000 from local funds, $20,424,000 from Federal funds,
and $13,175,000 from other funds): Provided, That not to exceed
$2,500 for the Mayor, $2,500 for the Chairman of the Council of
the District of Columbia, and $2,500 for the City Administrator
shall be available from this appropriation for official
purposes: Provided further, That any program fees collected
from the issuance of debt shall be available for the payment of
expenses of the debt management program of the District of
Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Statehood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall identify
the sources of funding for Admission to Statehood from its own
locally-generated revenues: Provided further, That all
employees permanently assigned to work in the Office of the
Mayor shall be paid from funds allocated to the Office of the
Mayor: Provided further, That notwithstanding any other
provision of law, or Mayor's Order 86-45, issued March 18,
1986, the Office of the Chief Technology Officer's delegated
small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the
Office of the Chief Technology Officer to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the
District of Columbia government, for purchases that do not
exceed $500,000: Provided further, That $303,000 and no fewer
than 5 FTEs shall be available exclusively to support the
Labor-Management Partnership Council: Provided further, That,
effective September 30, 2000, section 168(a) of the District of
Columbia Appropriations Act, 2000 (Public Law 106-113; 113
Stat. 1531) is amended by inserting ``, to remain available
until expended,'' after ``$5,000,000'': Provided further, That
not later than March 1, 2001, the Chief Financial Officer of
the District of Columbia shall submit a study to the Committees
on Appropriations of the House of Representatives and Senate on
the merits and potential savings of privatizing the operation
and administration of St. Elizabeths Hospital.
Economic Development and Regulation
Economic development and regulation, $205,638,000
(including $53,562,000 from local funds, $92,378,000 from
Federal funds, and $59,698,000 from other funds), of which
$15,000,000 collected by the District of Columbia in the form
of BID tax revenue shall be paid to the respective BIDs
pursuant to the Business Improvement Districts Act of 1996
(D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the
Business Improvement Districts Amendment Act of 1997 (D.C. Law
12-26): Provided, That such funds are available for acquiring
services provided by the General Services Administration:
Provided further, That Business Improvement Districts shall be
exempt from taxes levied by the District of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of
135 passenger carrying vehicles for replacement only, including
130 for police-type use and five for fire-type use, without
regard to the general purchase price limitation for the current
fiscal year, and such sums as may be necessary for making
refunds and for the payment of judgments that have been entered
against the District of Columbia government $762,546,000
(including $591,565,000 from local funds, $24,950,000 from
Federal funds, and $146,031,000 from other funds): Provided,
That the Metropolitan Police Department is authorized to
replace not to exceed 25 passenger-carrying vehicles and the
Department of Fire and Emergency Medical Services of the
District of Columbia is authorized to replace not to exceed
five passenger-carrying vehicles annually whenever the cost of
repair to any damaged vehicle exceeds three-fourths of the cost
of the replacement: Provided further, That not to exceed
$500,000 shall be available from this appropriation for the
Chief of Police for the prevention and detection of crime:
Provided further, That notwithstanding any other provision of
law, or Mayor's Order 86-45, issued March 18, 1986, the
Metropolitan Police Department's delegated small purchase
authority shall be $500,000: Provided further, That the
District of Columbia government may not require the
Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the
District of Columbia government, for purchases that do not
exceed $500,000: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed in
emergencies by the National Guard in a militia status and are
requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services
by the Mayor and the Commanding General of the District of
Columbia National Guard: Provided further, That such sums as
may be necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available
from this appropriation, and the availability of the sums shall
be deemed as constituting payment in advance for emergency
services involved: Provided further, That the Metropolitan
Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided
further, That no more than 15 members of the Metropolitan
Police Department shall be detailed or assigned to the
Executive Protection Unit, until the Chief of Police submits a
recommendation to the Council for its review: Provided further,
That $100,000 shall be available for inmates released on
medical and geriatric parole: Provided further, That commencing
on December 31, 2000, the Metropolitan Police Department shall
provide to the Committees on Appropriations of the Senate and
House of Representatives, the Committee on Governmental Affairs
of the Senate, and the Committee on Government Reform of the
House of Representatives, quarterly reports on the status of
crime reduction in each of the 83 police service areas
established throughout the District of Columbia.
Public Education System
Public education system, including the development of
national defense education programs, $998,918,000 (including
$824,867,000 from local funds, $147,643,000 from Federal funds,
and $26,408,000 from other funds), to be allocated as follows:
$769,943,000 (including $629,309,000 from local funds,
$133,490,000 from Federal funds, and $7,144,000 from other
funds), for the public schools of the District of Columbia;
$200,000 from local funds for the District of Columbia
Teachers' Retirement Fund; $1,679,000 from local funds for the
State Education Office, $17,000,000 from local funds,
previously appropriated in this Act as a Federal payment, for
resident tuition support at public and private institutions of
higher learning for eligible District of Columbia residents;
and $105,000,000 from local funds for public charter schools:
Provided, That there shall be quarterly disbursement of funds
to the District of Columbia public charter schools, with the
first payment to occur within 15 days of the beginning of each
fiscal year: Provided further, That the District of Columbia
public charter schools will report enrollment on a quarterly
basis upon which a quarterly disbursement will be calculated:
Provided further, That the quarterly payment of October 15,
2000, shall be fifty (50) percent of each public charter
school's annual entitlement based on its unaudited October 5
enrollment count: Provided further, That if the entirety of
this allocation has not been provided as payments to any public
charter schools currently in operation through the per pupil
funding formula, the funds shall be available for public
education in accordance with the School Reform Act of 1995
(D.C. Code, sec. 31-2853.43(A)(2)(D); Public Law 104-134, as
amended): Provided further, That $480,000 of this amount shall
be available to the District of Columbia Public Charter School
Board for administrative costs: Provided further, That
$76,433,000 (including $44,691,000 from local funds,
$13,199,000 from Federal funds, and $18,543,000 from other
funds) shall be available for the University of the District of
Columbia: Provided further, That $200,000 is allocated for the
East of the River Campus Assessment Study, $1,000,000 for the
Excel Institute Adult Education Program to be used by the
Institute for construction and to acquire construction services
provided by the General Services Administration on a
reimbursable basis, $500,000 for the Adult Education State
Plan, $650,000 for The Saturday Academy Pre-College Program,
and $481,000 for the Strengthening of Academic Programs; and
$26,459,000 (including $25,208,000 from local funds, $550,000
from Federal funds and $701,000 other funds) for the Public
Library: Provided further, That the $1,020,000 enhancement
shall be allocated such that $500,000 is used for facilities
improvements for 8 of the 26 library branches, $235,000 for 13
FTEs for the continuation of the Homework Helpers Program,
$166,000 for 3 FTEs in the expansion of the Reach Out And Roar
(ROAR) service to license day care homes, and $119,000 for 3
FTEs to expand literacy support into branch libraries: Provided
further, That $2,204,000 (including $1,780,000 from local
funds, $404,000 from Federal funds and $20,000 from other
funds) shall be available for the Commission on the Arts and
Humanities: Provided further, That the public schools of the
District of Columbia are authorized to accept not to exceed 31
motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the
University of the District of Columbia, and $2,000 for the
Public Librarian shall be available from this appropriation for
official purposes: Provided further, That none of the funds
contained in this Act may be made available to pay the salaries
of any District of Columbia Public School teacher, principal,
administrator, official, or employee who knowingly provides
false enrollment or attendance information under article II,
section 5 of the Act entitled ``An Act to provide for
compulsory school attendance, for the taking of a school census
in the District of Columbia, and for other purposes'', approved
February 4, 1925 (D.C. Code, sec. 31-401 et seq.): Provided
further, That this appropriation shall not be available to
subsidize the education of any nonresident of the District of
Columbia at any District of Columbia public elementary and
secondary school during fiscal year 2001 unless the nonresident
pays tuition to the District of Columbia at a rate that covers
100 percent of the costs incurred by the District of Columbia
which are attributable to the education of the nonresident (as
established by the Superintendent of the District of Columbia
Public Schools): Provided further, That this appropriation
shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of
the District of Columbia, unless the Board of Trustees of the
University of the District of Columbia adopts, for the fiscal
year ending September 30, 2001, a tuition rate schedule that
will establish the tuition rate for nonresident students at a
level no lower than the nonresident tuition rate charged at
comparable public institutions of higher education in the
metropolitan area: Provided further, That $2,200,000 is
allocated to the Temporary Weighted Student Formula to fund 344
additional slots for pre-K students: Provided further, That
$50,000 is allocated to fund a conference on learning support
for children ages 3-4 hosted jointly by the District of
Columbia Public Schools and District of Columbia public charter
schools: Provided further, That no local funds in this Act
shall be used to administer a system-wide standardized test
more than once in FY 2001: Provided further, That no less than
$436,452,000 shall be expended on local schools through the
Weighted Student Formula: Provided further, That
notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for
evaluating District of Columbia Public School employees shall
be a non-negotiable item for collective bargaining purposes:
Provided further, That the District of Columbia Public Schools
shall spend $250,000 to engage in a Schools Without Violence
program based on a model developed by the University of North
Carolina, located in Greensboro, North Carolina: Provided
further, That the District of Columbia Public Schools shall
spend $250,000 to implement a Failure Free Reading program in
the District's public schools: Provided further, That
notwithstanding the amounts otherwise provided under this
heading or any other provision of law, there shall be
appropriated to the District of Columbia public charter schools
on July 1, 2001, an amount equal to 25 percent of the total
amount provided for payments to public charter schools in the
proposed budget of the District of Columbia for fiscal year
2002 (as submitted to Congress), and the amount of such payment
shall be chargeable against the final amount provided for such
payments under the District of Columbia Appropriations Act,
2002: Provided further, That notwithstanding the amounts
otherwise provided under this heading or any other provision of
law, there shall be appropriated to the District of Columbia
Public Schools on July 1, 2001, an amount equal to 10 percent
of the total amount provided for the District of Columbia
Public Schools in the proposed budget of the District of
Columbia for fiscal year 2002 (as submitted to Congress), and
the amount of such payment shall be chargeable against the
final amount provided for the District of Columbia Public
Schools under the District of Columbia Appropriations Act,
2002.
Human Support Services
(including transfer of funds)
Human support services, $1,535,654,000 (including
$637,347,000 from local funds, $881,589,000 from Federal funds,
and $16,718,000 from other funds): Provided, That $25,836,000
of this appropriation, to remain available until expended,
shall be available solely for District of Columbia employees'
disability compensation: Provided further, That the District of
Columbia shall not provide free government services such as
water, sewer, solid waste disposal or collection, utilities,
maintenance, repairs, or similar services to any legally
constituted private nonprofit organization, as defined in
section 411(5) of the Stewart B. McKinney Homeless Assistance
Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11371),
providing emergency shelter services in the District, if the
District would not be qualified to receive reimbursement
pursuant to such Act (101 Stat. 485; Public Law 100-77; 42
U.S.C. 11301 et seq.): Provided further, That $1,250,000 shall
be paid to the Doe Fund for the operation of its Ready,
Willing, and Able Program in the District of Columbia as
follows: $250,000 to cover debt owed by the District of
Columbia government for services rendered shall be paid to the
Doe Fund within 15 days of the enactment of this Act; and
$1,000,000 shall be paid in equal monthly installments by the
15th day of each month: Provided further, That $400,000 shall
be available for the administrative costs associated with
implementation of the Drug Treatment Choice Program established
pursuant to section 4 of the Choice in Drug Treatment Act of
2000, signed by the Mayor on April 20, 2000 (D.C. Act 13-329):
Provided further, That $7,000,000 shall be available for
deposit in the Addiction Recovery Fund established pursuant to
section 5 of the Choice in Drug Treatment Act of 2000, signed
by the Mayor on April 20, 2000 (D.C. Act 13-329): Provided
further, That the District of Columbia is authorized to enter
into a long-term lease of Hamilton Field with Gonzaga College
High School and that, in exchange for such a lease, Gonzaga
will introduce and implement a youth baseball program focused
on 13 to 18 year old residents, said program to include summer
and fall baseball programs and baseball clinics: Provided
further, That notwithstanding any other provision of law, to
augment the District of Columbia subsidy for the District of
Columbia Health and Hospitals Public Benefit Corporation, the
District of Columbia may transfer from other non-Federal funds
appropriated under this Act to the Human Support Services
appropriation under this Act an amount not to exceed
$90,000,000 for the purpose of restructuring the delivery of
health services in the District of Columbia: Provided further,
That such restructuring shall be pursuant to a restructuring
plan approved by the Mayor of the District of Columbia, the
Council of the District of Columbia, the District of Columbia
Financial Responsibility and Management Assistance Authority,
and the Board of Directors of the Public Benefit Corporation:
Provided further, That--
(1) the restructuring plan reduces personnel levels
of D.C. General Hospital and of the Public Benefit
Corporation consistent with the reduction in force set
forth in the August 25, 2000, resolution of the Board
of Directors of the Public Benefit Corporation
regarding personnel structure, by reducing personnel by
at least 500 full-time equivalent employees, without
replacement by contract personnel;
(2) no transferred funds are expended until 10
calendar days after the restructuring plan has received
final approval and a copy evidencing final approval has
been submitted by the Mayor to the Committee on
Government Reform of the House of Representatives, the
Committee on Governmental Affairs of the Senate, and
the Committees on Appropriations of the House of
Representatives and the Senate; and
(3) the plan includes a certification that the plan
does not request and does not rely upon any current or
future request for additional appropriation of Federal
funds.
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia and
leasing of passenger-carrying vehicles, $278,242,000 (including
$265,078,000 from local funds, $3,328,000 from Federal funds,
and $9,836,000 from other funds): Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business:
Provided further, That $100,000 shall be available for a
commercial sector recycling initiative, $250,000 to initiate a
recycling education campaign, $10,000 for community clean-up
kits, $190,000 to restore a 3.5 percent vacancy rate in Parking
Services, $170,000 to plant 500 trees, $118,000 for two water
trucks, $150,000 for contract monitors and parking analysts
within Parking Services, $1,409,000 for a neighborhood cleanup
initiative, $1,000,000 for tree maintenance, $600,000 for an
anti-graffiti program, $226,000 for a hazardous waste program,
$1,260,000 for parking control aides, and $400,000 for the
Department of Motor Vehicles to hire additional ticket
adjudicators, conduct additional hearings, and reduce the
waiting time for hearings.
Receivership Programs
For all agencies of the District of Columbia government
under court ordered receivership, $389,528,000 (including
$234,913,000 from local funds, $135,555,000 from Federal funds,
and $19,060,000 from other funds).
Reserve
For replacement of funds expended, if any, during fiscal
year 2000 from the Reserve established by section 202(j) of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995, Public Law 104-8, $150,000,000 from
local funds: Provided, That none of these funds shall be
obligated or expended under this heading until the emergency
reserve fund established under this Act has been fully funded
for fiscal year 2001 pursuant to section 450A of the District
of Columbia Home Rule Act as set forth herein.
Emergency Reserve Fund
For the emergency reserve fund established under section
450A(a) of the District of Columbia Home Rule Act, the amount
provided for fiscal year 2001 under such section, to be derived
from local funds.
Repayment of Loans and Interest
For payment of principal, interest and certain fees
directly resulting from borrowing by the District of Columbia
to fund District of Columbia capital projects as authorized by
sections 462, 475, and 490 of the District of Columbia Home
Rule Act, approved December 24, 1973, $243,238,000 from local
funds: Provided, That any funds set aside pursuant to section
148 of the District of Columbia Appropriations Act, 2000
(Public Law 106-113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-You-
Go Capital Funds: Provided further, That for equipment leases,
the Mayor may finance $19,232,000 of equipment cost, plus cost
of issuance not to exceed 2 percent of the par amount being
financed on a lease purchase basis with a maturity not to
exceed 5 years: Provided further, That $2,000,000 is allocated
to the Metropolitan Police Department, $4,300,000 for the Fire
and Emergency Medical Services Department, $1,622,000 for the
Public Library, $2,010,000 for the Department of Parks and
Recreation, $7,500,000 for the Department of Public Works, and
$1,800,000 for the Public Benefit Corporation.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general
fund accumulated deficit as of September 30, 1990, $39,300,000
from local funds, as authorized by section 461(a) of the
District of Columbia Home Rule Act, (105 Stat. 540; D.C. Code,
sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $1,140,000
from local funds.
Presidential Inauguration
For reimbursement for necessary expenses incurred in
connection with Presidential inauguration activities as
authorized by section 737(b) of the District of Columbia Home
Rule Act, Public Law 93-198, as amended, approved December 24,
1973 (87 Stat. 824; D.C. Code, sec. 1-1803), $5,961,000 from
local funds, previously appropriated in this Act as a Federal
payment, which shall be apportioned by the Chief Financial
Officer within the various appropriation headings in this Act.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building
located at One Judiciary Square, $7,950,000 from local funds.
Wilson Building
For expenses associated with the John A. Wilson Building,
$8,409,000 from local funds.
Optical and Dental Insurance Payments
For optical and dental insurance payments, $2,675,000 from
local funds.
Management Supervisory Service
For management supervisory service, $13,200,000 from local
funds, to be transferred by the Mayor of the District of
Columbia among the various appropriation headings in this Act
for which employees are properly payable.
Tobacco Settlement Trust Fund Transfer Payment
Subject to the issuance of bonds to pay the purchase price
of the District of Columbia's right, title and interest in and
to the Master Settlement Agreement, and consistent with the
Tobacco Settlement Financing and Trust Fund Amendment Act of
2000, there is transferred the amount available pursuant
thereto, but not to exceed $61,406,000, to the Tobacco
Settlement Trust Fund established pursuant to section 2302 of
the Tobacco Settlement Trust Fund Establishment Act of 1999,
effective October 20, 1999 (D.C. Law 13-38; to be codified at
D.C. Code, sec. 6-135), to be spent pursuant to local law.
Operational Improvements Savings (Including Managed Competition)
The Mayor and the Council, in consultation with the Chief
Financial Officer and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall make
reductions of $10,000,000 for operational improvements savings
in local funds to one or more of the appropriation headings in
this Act.
Management Reform Savings
The Mayor and the Council, in consultation with the Chief
Financial Officer and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall make
reductions of $37,000,000 for management reform savings in
local funds to one or more of the appropriation headings in
this Act.
Cafeteria Plan Savings
For the implementation of a Cafeteria Plan pursuant to
Federal law, a reduction of $5,000,000 in local funds.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority and the Washington Aqueduct
For operation of the Water and Sewer Authority and the
Washington Aqueduct, $275,705,000 from other funds (including
$230,614,000 for the Water and Sewer Authority and $45,091,000
for the Washington Aqueduct) of which $41,503,000 shall be
apportioned and payable to the District's debt service fund for
repayment of loans and interest incurred for capital
improvement projects.
For construction projects, $140,725,000, as authorized by
the Act entitled ``An Act authorizing the laying of watermains
and service sewers in the District of Columbia, the levying of
assessments therefor, and for other purposes'' (33 Stat. 244;
Public Law 58-140; D.C. Code, sec. 43-1512 et seq.): Provided,
That the requirements and restrictions that are applicable to
general fund capital improvements projects and set forth in
this Act under the Capital Outlay appropriation title shall
apply to projects approved under this appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act for
the fiscal year ending September 30, 1982 (95 Stat. 1174, 1175;
Public Law 97-91), for the purpose of implementing the Law to
Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles
for Charitable Purposes in the District of Columbia (D.C. Law
3-172; D.C. Code, sec. 2-2501 et seq. and sec. 22-1516 et
seq.), $223,200,000: Provided, That the District of Columbia
shall identify the source of funding for this appropriation
title from the District's own locally generated revenues:
Provided further, That no revenues from Federal sources shall
be used to support the operations or activities of the Lottery
and Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $10,968,000
from other funds: Provided, That the Mayor shall submit a
budget for the Armory Board for the forthcoming fiscal year as
required by section 442(b) of the District of Columbia Home
Rule Act (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-
301(b)).
District of Columbia Health and Hospitals Public Benefit Corporation
(including transfer of funds)
For the District of Columbia Health and Hospitals Public
Benefit Corporation, established by D.C. Law 11-212 (D.C. Code,
sec. 32-262.2), $123,548,000, of which $45,313,000 shall be
derived by transfer from the general fund, and $78,235,000 from
other funds: Provided, That no appropriated amounts and no
amounts from or guaranteed by the District of Columbia
government (including the District of Columbia Financial
Responsibility and Management Assistance Authority) may be made
available to the Corporation (through reprogramming, transfers,
loans, or any other mechanism) which are not otherwise provided
for under this heading until a restructuring plan for D.C.
General Hospital has been approved by the Mayor of the District
of Columbia, the Council of the District of Columbia, the
Authority, the Chief Financial Officer of the District of
Columbia, and the Chair of the Board of Directors of the
Corporation: Provided further, That for each payment or group
of payments made by or on behalf of the Corporation, the Chief
Financial Officer of the District of Columbia shall sign an
affidavit certifying that the making of the payment does not
constitute a violation of any provision of subchapter III of
chapter 13 of title 31, United States Code, or of any provision
of this Act: Provided further, That more than one payment may
be covered by the same affidavit under the previous proviso,
but a single affidavit may not cover more than one week's worth
of payments: Provided further, That it shall be unlawful for
any person to order any other person to sign any affidavit
required under this heading, or for any person to provide any
signature required under this heading on such an affidavit by
proxy or by machine, computer, or other facsimile device.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established
by section 121 of the District of Columbia Retirement Reform
Act of 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $11,414,000
from the earnings of the applicable retirement funds to pay
legal, management, investment, and other fees and
administrative expenses of the District of Columbia Retirement
Board: Provided, That the District of Columbia Retirement Board
shall provide to the Congress and to the Council of the
District of Columbia a quarterly report of the allocations of
charges by fund and of expenditures of all funds: Provided
further, That the District of Columbia Retirement Board shall
provide the Mayor, for transmittal to the Council of the
District of Columbia, an itemized accounting of the planned use
of appropriated funds in time for each annual budget submission
and the actual use of such funds in time for each annual
audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the
District of Columbia Correctional Industries Establishment Act
(78 Stat. 1000; Public Law 88-622), $1,808,000 from other
funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$52,726,000 from other funds.
Capital Outlay
(including rescissions)
For construction projects, an increase of $1,077,282,000 of
which $806,787,000 is from local funds, $66,446,000 is from
highway trust funds, and $204,049,000 is from Federal funds,
and a rescission of $55,208,000 from local funds appropriated
under this heading in prior fiscal years, for a net amount of
$1,022,074,000 to remain available until expended: Provided,
That funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all
procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by
this appropriation title shall be available only for the
specific projects and purposes intended: Provided further, That
notwithstanding the foregoing, all authorizations for capital
outlay projects, except those projects covered by the first
sentence of section 23(a) of the Federal Aid Highway Act of
1968 (82 Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134,
note), for which funds are provided by this appropriation
title, shall expire on September 30, 2002, except
authorizations for projects as to which funds have been
obligated in whole or in part prior to September 30, 2002:
Provided further, That upon expiration of any such project
authorization, the funds provided herein for the project shall
lapse.
General Provisions
Sec. 101. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall be
considered as the maximum amount that may be expended for said
purpose or object rather than an amount set apart exclusively
therefor.
Sec. 102. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor: Provided, That in the case of the
Council of the District of Columbia, funds may be expended with
the authorization of the chair of the Council.
Sec. 103. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of judgments that have been
entered against the District of Columbia government: Provided,
That nothing contained in this section shall be construed as
modifying or affecting the provisions of section 11(c)(3) of
title XII of the District of Columbia Income and Franchise Tax
Act of 1947 (70 Stat. 78; Public Law 84-460; D.C. Code, sec.
47-1812.11(c)(3)).
Sec. 104. (a) Requiring Mayor to Maintain Index.--Effective
with respect to fiscal year 2001 and each succeeding fiscal
year, the Mayor of the District of Columbia shall maintain an
index of all employment personal services and consulting
contracts in effect on behalf of the District government, and
shall include in the index specific information on any
severance clause in effect under any such contract.
(b) Public Inspection.--The index maintained under
subsection (a) shall be kept available for public inspection
during regular business hours.
(c) Contracts Exempted.--Subsection (a) shall not apply
with respect to any collective bargaining agreement or any
contract entered into pursuant to such a collective bargaining
agreement.
(d) District Government Defined.--In this section, the term
``District government'' means the government of the District of
Columbia, including--
(1) any department, agency or instrumentality of
the government of the District of Columbia;
(2) any independent agency of the District of
Columbia established under part F of title IV of the
District of Columbia Home Rule Act or any other agency,
board, or commission established by the Mayor or the
Council;
(3) the Council of the District of Columbia;
(4) any other agency, public authority, or public
benefit corporation which has the authority to receive
monies directly or indirectly from the District of
Columbia (other than monies received from the sale of
goods, the provision of services, or the loaning of
funds to the District of Columbia); and
(5) the District of Columbia Financial
Responsibility and Management Assistance Authority.
(e) No payment shall be made pursuant to any such contract
subject to subsection (a), nor any severance payment made under
such contract, if a copy of the contract has not been filed in
the index. Interested parties may file copies of their contract
or severance agreement in the index on their own behalf.
Sec. 105. 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. 106. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encourage,
facilitate, or further partisan political activities. Nothing
herein is intended to prohibit the availability of school
buildings for the use of any community or partisan political
group during non-school hours.
Sec. 107. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade,
salary, past work experience, and salary history are not
available for inspection by the House and Senate Committees on
Appropriations, the House Committee on Government Reform, the
Senate Committee on Governmental Affairs, and the Council of
the District of Columbia, or their duly authorized
representative.
Sec. 108. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making payments authorized by the District of Columbia Revenue
Recovery Act of 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
seq.).
Sec. 109. No part of this appropriation shall be used for
publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
Sec. 110. At the start of the fiscal year, the Mayor shall
develop an annual plan, by quarter and by project, for capital
outlay borrowings: Provided, That within a reasonable time
after the close of each quarter, the Mayor shall report to the
Council of the District of Columbia and the Congress the actual
borrowings and spending progress compared with projections.
Sec. 111. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2001, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for an agency through a
reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or responsibility center; (3)
establishes or changes allocations specifically denied, limited
or increased by Congress in this Act; (4) increases funds or
personnel by any means for any program, project, or
responsibility center for which funds have been denied or
restricted; (5) reestablishes through reprogramming any program
or project previously deferred through reprogramming; (6)
augments existing programs, projects, or responsibility centers
through a reprogramming of funds in excess of $1,000,000 or 10
percent, whichever is less; or (7) increases by 20 percent or
more personnel assigned to a specific program, project or
responsibility center; unless the Committees on Appropriations
of both the Senate and House of Representatives are notified in
writing 30 days in advance of any reprogramming as set forth in
this section.
(b) None of the local funds contained in this Act may be
available for obligation or expenditure for an agency through a
reprogramming of funds which transfers any local funds from one
appropriation to another unless the Committees on
Appropriations of the Senate and House of Representatives are
notified in writing 30 days in advance of the transfer, except
that in no event may the amount of any funds transferred exceed
two percent of the local funds in the appropriation.
Sec. 112. Consistent with the provisions of 31 U.S.C.
1301(a), appropriations under this Act shall be applied only to
the objects for which the appropriations were made except as
otherwise provided by law.
Sec. 113. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-
601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act (87 Stat. 790; Public Law
93-198; D.C. Code, sec. 1-242(3)), shall apply with respect to
the compensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Columbia
government shall not be subject to the provisions of title 5,
United States Code.
Sec. 114. No later than 30 days after the end of the first
quarter of the fiscal year ending September 30, 2001, the Mayor
of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 2001 revenue estimates
as of the end of the first quarter of fiscal year 2001. These
estimates shall be used in the budget request for the fiscal
year ending September 30, 2002. The officially revised
estimates at midyear shall be used for the midyear report.
Sec. 115. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District of
Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C.
Code, sec. 1-1183.3), except that the District of Columbia
government or any agency thereof may renew or extend sole
source contracts for which competition is not feasible or
practical: Provided, That the determination as to whether to
invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and said
determination has been reviewed and approved by the District of
Columbia Financial Responsibility and Management Assistance
Authority.
Sec. 116. For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (99 Stat. 1037; Public Law 99-177),
the term ``program, project, and activity'' shall be synonymous
with and refer specifically to each account appropriating
Federal funds in this Act, and any sequestration order shall be
applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders
shall not be applied to any account that is specifically
exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 117. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 (99 Stat. 1037: Public Law 99-177), after the
amounts appropriated to the District of Columbia for the fiscal
year involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Secretary of
the Treasury, within 15 days after receipt of a request
therefor from the Secretary of the Treasury, such amounts as
are sequestered by the order: Provided, That the sequestration
percentage specified in the order shall be applied
proportionately to each of the Federal appropriation accounts
in this Act that are not specifically exempted from
sequestration by such Act.
Sec. 118. Acceptance and Use of Gifts. (a) Approval by
Mayor.--
(1) In general.--An entity of the District of
Columbia government may accept and use a gift or
donation during fiscal year 2001 if--
(A) the Mayor approves the acceptance and
use of the gift or donation (except as provided
in paragraph (2)); and
(B) the entity uses the gift or donation to
carry out its authorized functions or duties.
(2) Exception for council and courts.--The Council
of the District of Columbia and the District of
Columbia courts may accept and use gifts without prior
approval by the Mayor.
(b) Records and Public Inspection.--Each entity of the
District of Columbia government shall keep accurate and
detailed records of the acceptance and use of any gift or
donation under subsection (a), and shall make such records
available for audit and public inspection.
(c) Independent Agencies Included.--For the purposes of
this section, the term ``entity of the District of Columbia
government'' includes an independent agency of the District of
Columbia.
(d) Exception for Board of Education.--This section shall
not apply to the District of Columbia Board of Education, which
may, pursuant to the laws and regulations of the District of
Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 119. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Code, sec. 1-113(d)).
Sec. 120. (a) Modification of Contracting Requirements.--
(1) Contracts subject to notice requirements.--
Section 2204(c)(1)(A) of the District of Columbia
School Reform Act (sec. 31-2853.14(c)(1)(A), D.C. Code)
is amended to read as follows:
``(A) Notice requirement for procurement
contracts.--
``(i) In general.--Except in the
case of an emergency (as determined by
the eligible chartering authority of a
public charter school), with respect to
any procurement contract proposed to be
awarded by the public charter school
and having a value equal to or
exceeding $25,000, the school shall
publish a notice of a request for
proposals in the District of Columbia
Register and newspapers of general
circulation not less than 7 days prior
to the award of the contract.
``(ii) Exception for certain
contracts.--The notice requirement of
clause (i) shall not apply with respect
to any contract for the lease or
purchase of real property by a public
charter school, any employment contract
for a staff member of a public charter
school, or any management contract
entered into by a public charter school
and the management company designated
in its charter or its petition for a
revised charter.''.
(2) Submission of contracts to eligible chartering
authority.--Section 2204(c)(1)(B) of such Act (sec. 31-
2853.14(c)(1)(B), D.C. Code) is amended--
(A) in the heading, by striking
``authority'' and inserting ``eligible
chartering authority'';
(B) in clause (i), by striking
``Authority'' and inserting ``eligible
chartering authority''; and
(C) by amending clause (ii) to read as
follows:
``(ii) Effective date of
contract.--A contract described in
subparagraph (A) shall become effective
on the date that is 10 days after the
date the school makes the submission
under clause (i) with respect to the
contract, or the effective date
specified in the contract, whichever is
later.''.
(b) Clarification of Application of School Reform Act.--
(1) Waiver of duplicate and conflicting
provisions.--Section 2210 of such Act (sec. 31-2853.20,
D.C. Code) is amended by adding at the end the
following new subsection:
``(d) Waiver of Application of Duplicate and Conflicting
Provisions.--Notwithstanding any other provision of law, and
except as otherwise provided in this title, no provision of any
law regarding the establishment, administration, or operation
of public charter schools in the District of Columbia shall
apply with respect to a public charter school or an eligible
chartering authority to the extent that the provision
duplicates or is inconsistent with any provision of this
title.''.
(2) Effective date.--The amendments made by this
subsection shall take effect as if included in the
enactment of the District of Columbia School Reform Act
of 1995.
(c) Licensing Requirements for Preschool or Prekindergarten
Programs.--
(1) In general.--Section 2204(c) of such Act (sec.
31-2853.14(c), D.C. Code) is amended by adding at the
end the following new paragraph:
``(18) Licensing as child development center.--A
public charter school which offers a preschool or
prekindergarten program shall be subject to the same
child care licensing requirements (if any) which apply
to a District of Columbia public school which offers
such a program.''.
(2) Conforming amendments.--(A) Section 2202 of
such Act (sec. 31-2853.12, D.C. Code) is amended by
striking clause (17).
(B) Section 2203(h)(2) of such Act (sec. 31-
2853.13(h)(2), D.C. Code) is amended by striking
``(17),''.
(d) Section 2403 of the District of Columbia School Reform
Act of 1995 (sec. 31-2853.43, D.C. Code) is amended by adding
at the end the following new subsection:
``(c) Assignment of Payments.--A public charter school may
assign any payments made to the school under this section to a
financial institution for use as collateral to secure a loan or
for the repayment of a loan.''.
(e) Section 2210 of the District of Columbia School Reform
Act of 1995 (sec. 31-2853.20, D.C. Code), as amended by
subsection (b), is further amended by adding at the end the
following new subsection:
``(e) Participation in GSA Programs.--
``(1) In general.--Notwithstanding any provision of
this Act or any other provision of law, a public
charter school may acquire goods and services through
the General Services Administration and may participate
in programs of the Administration in the same manner
and to the same extent as any entity of the District of
Columbia government.
``(2) Participation by certain organizations.--A
public charter school may delegate to a nonprofit, tax-
exempt organization in the District of Columbia the
public charter school's authority under paragraph
(1).''.
Sec. 121. Reporting Requirements for the District of
Columbia Public Schools and the University of the District of
Columbia. (a) The Superintendent of the District of Columbia
Public Schools (DCPS) and the University of the District of
Columbia (UDC) shall each submit to the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives,
and the Committee on Governmental Affairs of the Senate no
later than 15 calendar days after the end of each quarter a
report that sets forth--
(1) current quarter expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections versus budget
broken out on the basis of control center,
responsibility center, and object class, and for all
funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is
frozen and the amount of funds frozen, broken out by
control center, responsibility center, detailed object,
and for all funding sources;
(3) a list of all active contracts in excess of
$10,000 annually, which contains the name of each
contractor; the budget to which the contract is
charged, broken out on the basis of control center,
responsibility center, and agency reporting code; and
contract identifying codes used by DCPS and UDC;
payments made in the last quarter and year-to-date, the
total amount of the contract and total payments made
for the contract and any modifications, extensions,
renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that are
required to be, and have been, submitted to the Board
of Education;
(5) all reprogramming requests and reports that
have been made by UDC within the last quarter in
compliance with applicable law; and
(6) changes made in the last quarter to the
organizational structure of DCPS and UDC, displaying
for each entity previous and current control centers
and responsibility centers, the names of the
organizational entities that have been changed, the
name of the staff member supervising each entity
affected, and the reasons for the structural change.
(b) The Superintendent of DCPS and UDC shall annually
compile an accurate and verifiable report on the positions and
employees in the public school system and the university,
respectively. The annual report shall--
(1) set forth the number of validated schedule A
positions in the District of Columbia public schools
and UDC for fiscal year 2001, and thereafter on full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay
plan, grade, and annual salary;
(2) set forth a compilation of all employees in the
District of Columbia public schools and UDC as of the
preceding December 31, verified as to its accuracy in
accordance with the functions that each employee
actually performs, by control center, responsibility
center, agency reporting code, program (including
funding source), activity, location for accounting
purposes, job title, grade and classification, annual
salary, and position control number; and
(3) be submitted to the Congress, the Mayor, the
District of Columbia Council, the Consensus Commission,
and the Authority, not later than February 15 of each
year.
(c) No later than November 1, 2000, or within 30 calendar
days after the date of the enactment of this Act, whichever
occurs later, and each succeeding year, the Superintendent of
DCPS and UDC shall submit to the appropriate congressional
committees, the Mayor, the District of Columbia Council, the
Consensus Commission, and the District of Columbia Financial
Responsibility and Management Assistance Authority, a revised
appropriated funds operating budget for the public school
system and UDC for such fiscal year: (1) that is in the total
amount of the approved appropriation and that realigns budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures; and (2)
that is in the format of the budget that the Superintendent of
DCPS and UDC submit to the Mayor of the District of Columbia
for inclusion in the Mayor's budget submission to the Council
of the District of Columbia pursuant to section 442 of the
District of Columbia Home Rule Act (Public Law 93-198; D.C.
Code, sec. 47-301).
Sec. 122. (a) None of the funds contained in this Act may
be made available to pay the fees of an attorney who represents
a party who prevails in an action or any attorney who defends
any action, including an administrative proceeding, brought
against the District of Columbia Public Schools under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) if--
(1) the hourly rate of compensation of the attorney
exceeds 250 percent of the hourly rate of compensation
under section 11-2604(a), District of Columbia Code; or
(2) the maximum amount of compensation of the
attorney exceeds 250 percent of the maximum amount of
compensation under section 11-2604(b)(1), District of
Columbia Code, except that compensation and
reimbursement in excess of such maximum may be approved
for extended or complex representation in accordance
with section 11-2604(c), District of Columbia Code; and
(3) in no case may the compensation limits in
paragraphs (1) and (2) exceed $2,500.
(b) Notwithstanding the preceding subsection, if the Mayor
and the Superintendent of the District of Columbia Public
Schools concur in a Memorandum of Understanding setting forth a
new rate and amount of compensation, then such new rates shall
apply in lieu of the rates set forth in the preceding
subsection to both the attorney who represents the prevailing
party and the attorney who defends the action.
Sec. 123. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 124. None of the funds made available in this Act may
be used to implement or enforce the Health Care Benefits
Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-1401
et seq.) or to otherwise implement or enforce any system of
registration of unmarried, cohabiting couples (whether
homosexual, heterosexual, or lesbian), including but not
limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples on
the same basis that such benefits are extended to legally
married couples.
Sec. 125. The District of Columbia Financial Responsibility
and Management Assistance Authority, acting on behalf of the
District of Columbia Public Schools (DCPS) in formulating the
DCPS budget, the Board of Trustees of the University of the
District of Columbia, the Board of Library Trustees, and the
Board of Governors of the University of the District of
Columbia School of Law shall vote on and approve the respective
annual or revised budgets for such entities before submission
to the Mayor of the District of Columbia for inclusion in the
Mayor's budget submission to the Council of the District of
Columbia in accordance with section 442 of the District of
Columbia Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-
301), or before submitting their respective budgets directly to
the Council.
Sec. 126. (a) Acceptance and Use of Grants Not Included in
Ceiling.--
(1) In general.--Notwithstanding any other
provision of this Act, the Mayor, in consultation with
the Chief Financial Officer, during a control year, as
defined in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995 (Public Law 104-8; 109 Stat. 152), may accept,
obligate, and expend Federal, private, and other grants
received by the District government that are not
reflected in the amounts appropriated in this Act.
(2) Requirement of chief financial officer report
and authority approval.--No such Federal, private, or
other grant may be accepted, obligated, or expended
pursuant to paragraph (1) until--
(A) the Chief Financial Officer of the
District of Columbia submits to the Authority a
report setting forth detailed information
regarding such grant; and
(B) the Authority has reviewed and approved
the acceptance, obligation, and expenditure of
such grant in accordance with review and
approval procedures consistent with the
provisions of the District of Columbia
Financial Responsibility and Management
Assistance Act of 1995.
(3) Prohibition on spending in anticipation of
approval or receipt.--No amount may be obligated or
expended from the general fund or other funds of the
District government in anticipation of the approval or
receipt of a grant under paragraph (2)(B) of this
subsection or in anticipation of the approval or
receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Quarterly reports.--The Chief Financial Officer
of the District of Columbia shall prepare a quarterly
report setting forth detailed information regarding all
Federal, private, and other grants subject to this
subsection. Each such report shall be submitted to the
Council of the District of Columbia, and to the
Committees on Appropriations of the House of
Representatives and the Senate, not later than 15 days
after the end of the quarter covered by the report.
(b) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar
days after the end of each fiscal quarter starting October 1,
2000, the Authority shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Government Reform of the House, and the
Committee on Governmental Affairs of the Senate providing an
itemized accounting of all non-appropriated funds obligated or
expended by the Authority for the quarter. The report shall
include information on the date, amount, purpose, and vendor
name, and a description of the services or goods provided with
respect to the expenditures of such funds.
Sec. 127. If a department or agency of the government of
the District of Columbia is under the administration of a
court-appointed receiver or other court-appointed official
during fiscal year 2001 or any succeeding fiscal year, the
receiver or official shall prepare and submit to the Mayor, for
inclusion in the annual budget of the District of Columbia for
the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of
the department or agency. All such estimates shall be forwarded
by the Mayor to the Council, for its action pursuant to
sections 446 and 603(c) of the District of Columbia Home Rule
Act, without revision but subject to the Mayor's
recommendations. Notwithstanding any provision of the District
of Columbia Home Rule Act (87 Stat. 774; Public Law 93-198),
the Council may comment or make recommendations concerning such
annual estimates but shall have no authority under such Act to
revise such estimates.
Sec. 128. (a) Restrictions on Use of Official Vehicles.--
Except as otherwise provided in this section, none of the funds
made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia
with an official vehicle unless the officer or employee uses
the vehicle only in the performance of the officer's or
employee's official duties. For purposes of this paragraph, the
term ``official duties'' does not include travel between the
officer's or employee's residence and workplace (except: (1) in
the case of an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department; (2) at the
discretion of the Fire Chief, an officer or employee of the
District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on
call 24 hours a day; (3) the Mayor of the District of Columbia;
and (4) the Chairman of the Council of the District of
Columbia).
(b) Inventory of Vehicles.--The Chief Financial Officer of
the District of Columbia shall submit, by November 15, 2000, an
inventory, as of September 30, 2000, of all vehicles owned,
leased or operated by the District of Columbia government. The
inventory shall include, but not be limited to, the department
to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition
of the vehicle; annual operating and maintenance costs; current
mileage; and whether the vehicle is allowed to be taken home by
a District officer or employee and if so, the officer or
employee's title and resident location.
Sec. 129. (a) Source of Payment for Employees Detailed
Within Government.--For purposes of determining the amount of
funds expended by any entity within the District of Columbia
government during fiscal year 2001 and each succeeding fiscal
year, any expenditures of the District government attributable
to any officer or employee of the District government who
provides services which are within the authority and
jurisdiction of the entity (including any portion of the
compensation paid to the officer or employee attributable to
the time spent in providing such services) shall be treated as
expenditures made from the entity's budget, without regard to
whether the officer or employee is assigned to the entity or
otherwise treated as an officer or employee of the entity.
(b) Modification of Reduction in Force Procedures.--Section
2408 of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139;
D.C. Code, sec. 1-625.7), is amended as follows:
(1) Subsection (a) is amended by striking
``September 30, 2000'' and inserting ``September 30,
2000, and each subsequent fiscal year''.
(2) Subsection (b) is amended by striking ``Prior
to February 1, 2000'' and inserting ``Prior to February
1 of each year''.
(3) Subsection (i) is amended by striking ``March
1, 2000'' and inserting ``March 1 of each year''.
(4) Subsection (k) is amended by striking
``September 1, 2000'' and inserting ``September 1 of
each year''.
(c) No officer or employee of the District of Columbia
government (including any independent agency of the District
but excluding the District of Columbia Financial Responsibility
and Management Assistance Authority, the Metropolitan Police
Department, and the Office of the Chief Technology Officer) may
enter into an agreement in excess of $2,500 for the procurement
of goods or services on behalf of any entity of the District
government until the officer or employee has conducted an
analysis of how the procurement of the goods and services
involved under the applicable regulations and procedures of the
District government would differ from the procurement of the
goods and services involved under the Federal supply schedule
and other applicable regulations and procedures of the General
Services Administration, including an analysis of any
differences in the costs to be incurred and the time required
to obtain the goods or services.
Sec. 130. Notwithstanding any other provision of law, not
later than 120 days after the date that a District of Columbia
Public Schools (DCPS) student is referred for evaluation or
assessment--
(1) the District of Columbia Board of Education, or
its successor, and DCPS shall assess or evaluate a
student who may have a disability and who may require
special education services; and
(2) if a student is classified as having a
disability, as defined in section 101(a)(1) of the
Individuals with Disabilities Education Act (84 Stat.
175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the
Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C.
706(8)), the Board and DCPS shall place that student in
an appropriate program of special education services.
Sec. 131. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and
products.--In the case of any equipment or product that
may be authorized to be purchased with financial
assistance provided using funds made available in this
Act, it is the sense of the Congress that entities
receiving the assistance should, in expending the
assistance, purchase only American-made equipment and
products to the greatest extent practicable.
(2) Notice to recipients of assistance.--In
providing financial assistance using funds made
available in this Act, the head of each agency of the
Federal or District of Columbia government shall
provide to each recipient of the assistance a notice
describing the statement made in paragraph (1) 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. 132. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the
District of Columbia government (including the District of
Columbia Financial Responsibility and Management Assistance
Authority) for fiscal year 2001 unless--
(1) the audit is conducted by the Inspector General
of the District of Columbia pursuant to section
208(a)(4) of the District of Columbia Procurement
Practices Act of 1985 (D.C. Code, sec. 1-1182.8(a)(4));
and
(2) the audit includes a comparison of audited
actual year-end results with the revenues submitted in
the budget document for such year and the
appropriations enacted into law for such year.
Sec. 133. None of the funds contained in this Act may be
used by the District of Columbia Corporation Counsel or any
other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
Sec. 134. None of the funds contained in this Act may be
used to transfer or confine inmates classified above the medium
security level, as defined by the Federal Bureau of Prisons
classification instrument, to the Northeast Ohio Correctional
Center located in Youngstown, Ohio.
Sec. 135. Subsection 3(e) of Public Law 104-21 (D.C. Code
sec. 7-134.2(e)) is amended to read as follows:
``(e) Inspector General Audit.--Not later than February 1,
2001, and each February 1 thereafter, the Inspector General of
the District of Columbia shall audit the financial statements
of the District of Columbia Highway Trust Fund for the
preceding fiscal year and shall submit to Congress a report on
the results of such audit. Not later than May 31, 2001, and
each May 31 thereafter, the Inspector General shall examine the
statements forecasting the conditions and operations of the
Trust Fund for the next five fiscal years commencing on the
previous October 1 and shall submit to Congress a report on the
results of such examination.''.
Sec. 136. No later than November 1, 2000, or within 30
calendar days after the date of the enactment of this Act,
whichever occurs later, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the District of Columbia Financial
Responsibility and Management Assistance Authority a revised
appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to
section 442 of the District of Columbia Home Rule Act (Public
Law 93-198; D.C. Code, sec. 47-301), for all agencies of the
District of Columbia government for such fiscal year that is in
the total amount of the approved appropriation and that
realigns all budgeted data for personal services and other-
than-personal-services, respectively, with anticipated actual
expenditures.
Sec. 137. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or
syringes for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program described
in subsection (a) shall account for all funds used for such
program separately from any funds contained in this Act.
Sec. 138. (a) Restrictions on Leases.--Upon the expiration
of the 60-day period that begins on the date of the enactment
of this Act, none of the funds contained in this Act may be
used to make rental payments under a lease for the use of real
property by the District of Columbia government (including any
independent agency of the District) unless the lease and an
abstract of the lease have been filed (by the District of
Columbia or any other party to the lease) with the central
office of the Deputy Mayor for Economic Development, in an
indexed registry available for public inspection.
(b) Additional Restrictions on Current Leases.--
(1) In general.--Upon the expiration of the 60-day
period that begins on the date of the enactment of this
Act, in the case of a lease described in paragraph (3),
none of the funds contained in this Act may be used to
make rental payments under the lease unless the lease
is included in periodic reports submitted by the Mayor
and Council of the District of Columbia to the
Committees on Appropriations of the House of
Representatives and Senate describing for each such
lease the following information:
(A) The location of the property involved,
the name of the owners of record according to
the land records of the District of Columbia,
the name of the lessors according to the lease,
the rate of payment under the lease, the period
of time covered by the lease, and the
conditions under which the lease may be
terminated.
(B) The extent to which the property is or
is not occupied by the District of Columbia
government as of the end of the reporting
period involved.
(C) If the property is not occupied and
utilized by the District government as of the
end of the reporting period involved, a plan
for occupying and utilizing the property
(including construction or renovation work) or
a status statement regarding any efforts by the
District to terminate or renegotiate the lease.
(2) Timing of reports.--The reports described in
paragraph (1) shall be submitted for each calendar
quarter (beginning with the quarter ending December 31,
2000) not later than 20 days after the end of the
quarter involved, plus an initial report submitted not
later than 60 days after the date of the enactment of
this Act, which shall provide information as of the
date of the enactment of this Act.
(3) Leases described.--A lease described in this
paragraph is a lease in effect as of the date of the
enactment of this Act for the use of real property by
the District of Columbia government (including any
independent agency of the District) which is not being
occupied by the District government (including any
independent agency of the District) as of such date or
during the 60-day period which begins on the date of
the enactment of this Act.
Sec. 139. (a) Management of Existing District Government
Property.--Upon the expiration of the 60-day period that begins
on the date of the enactment of this Act, none of the funds
contained in this Act may be used to enter into a lease (or to
make rental payments under such a lease) for the use of real
property by the District of Columbia government (including any
independent agency of the District) or to purchase real
property for the use of the District of Columbia government
(including any independent agency of the District) or to manage
real property for the use of the District of Columbia
(including any independent agency of the District) unless the
following conditions are met:
(1) The Mayor and Council of the District of
Columbia certify to the Committees on Appropriations of
the House of Representatives and Senate that existing
real property available to the District (whether leased
or owned by the District government) is not suitable
for the purposes intended.
(2) Notwithstanding any other provisions of law,
there is made available for sale or lease all real
property of the District of Columbia that the Mayor
from time-to-time determines is surplus to the needs of
the District of Columbia, unless a majority of the
members of the Council override the Mayor's
determination during the 30-day period which begins on
the date the determination is published.
(3) The Mayor and Council implement a program for
the periodic survey of all District property to
determine if it is surplus to the needs of the
District.
(4) The Mayor and Council within 60 days of the
date of the enactment of this Act have filed with the
Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government
Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate a
report which provides a comprehensive plan for the
management of District of Columbia real property
assets, and are proceeding with the implementation of
the plan.
(b) Termination of Provisions.--If the District of Columbia
enacts legislation to reform the practices and procedures
governing the entering into of leases for the use of real
property by the District of Columbia government and the
disposition of surplus real property of the District
government, the provisions of subsection (a) shall cease to be
effective upon the effective date of the legislation.
Sec. 140. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of any
chief financial officer of any office of the District of
Columbia government (including the District of Columbia
Financial Responsibility and Management Assistance Authority
and any independent agency of the District) who has not filed a
certification with the Mayor and the Chief Financial Officer of
the District of Columbia that the officer understands the
duties and restrictions applicable to the officer and the
officer's agency as a result of this Act (and the amendments
made by this Act), including any duty to prepare a report
requested either in the Act or in any of the reports
accompanying the Act and the deadline by which each report must
be submitted, and the District's Chief Financial Officer shall
provide to the Committees on Appropriations of the Senate and
the House of Representatives by the 10th day after the end of
each quarter a summary list showing each report, the due date
and the date submitted to the Committees.
Sec. 141. The proposed budget of the government of the
District of Columbia for fiscal year 2002 that is submitted by
the District to Congress shall specify potential adjustments
that might become necessary in the event that the operational
improvements savings, including managed competition, and
management reform savings achieved by the District during the
year do not meet the level of management savings projected by
the District under the proposed budget.
Sec. 142. In submitting any document showing the budget for
an office of the District of Columbia government (including an
independent agency of the District) that contains a category of
activities labeled as ``other'', ``miscellaneous'', or a
similar general, nondescriptive term, the document shall
include a description of the types of activities covered in the
category and a detailed breakdown of the amount allocated for
each such activity.
Sec. 143. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 144. Notwithstanding any other provision of law, the
Mayor of the District of Columbia is hereby solely authorized
to allocate the District's limitation amount of qualified zone
academy bonds (established pursuant to 26 U.S.C. 1397E) among
qualified zone academies within the District.
Sec. 145. (a) Section 11232 of the Balanced Budget Act of
1997 (sec. 24-1232, D.C. Code) is amended--
(1) by redesignating subsections (f) through (i) as
subsections (g) through (j); and
(2) by inserting after subsection (e) the following
new subsection:
``(f) Treatment as Federal Employees.--
``(1) In general.--The Trustee and employees of the
Trustee who are not covered under subsection (e) shall
be treated as employees of the Federal Government
solely for purposes of the following provisions of
title 5, United States Code:
``(A) Chapter 83 (relating to retirement).
``(B) Chapter 84 (relating to the Federal
Employees' Retirement System).
``(C) Chapter 87 (relating to life
insurance).
``(D) Chapter 89 (relating to health
insurance).
``(2) Effective dates of coverage.--The effective
dates of coverage of the provisions of paragraph (1)
are as follows:
``(A) In the case of the Trustee and
employees of the Office of the Trustee and the
Office of Adult Probation, August 5, 1997, or
the date of appointment, whichever is later.
``(B) In the case of employees of the
Office of Parole, October 11, 1998, or the date
of appointment, whichever is later.
``(C) In the case of employees of the
Pretrial Services Agency, January 3, 1999, or
the date of appointment, whichever is later.
``(3) Rate of contributions.--The Trustee shall
make contributions under the provisions referred to in
paragraph (1) at the same rates applicable to agencies
of the Federal Government.
``(4) Regulations.--The Office of Personnel
Management shall issue such regulations as are
necessary to carry out this subsection.''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of title XI of the Balanced
Budget Act of 1997.
Sec. 146. It is the sense of the Congress that the District
of Columbia Financial Responsibility and Management Assistance
Authority should quickly complete the sale of the Franklin
School property, a property which has been vacant for over 20
years.
Sec. 147. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 148. (a) Chapter 23 of title 11, District of Columbia,
is hereby repealed.
(b) The table of chapters for title 11, District of
Columbia, is amended by striking the item relating to chapter
23.
(c) The amendments made by this section shall take effect
on the date on which legislation enacted by the Council of the
District of Columbia to establish the Office of the Chief
Medical Examiner in the executive branch of the government of
the District of Columbia takes effect.
prompt payment of appointed counsel
Sec. 149. (a) Assessment of Interest for Delayed
Payments.--If the Superior Court of the District of Columbia or
the District of Columbia Court of Appeals does not make a
payment described in subsection (b) prior to the expiration of
the 45-day period which begins on the date the Court receives a
completed voucher for a claim for the payment, interest shall
be assessed against the amount of the payment which would
otherwise be made to take into account the period which begins
on the day after the expiration of such 45-day period and which
ends on the day the Court makes the payment.
(b) Payments Described.--A payment described in this
subsection is--
(1) a payment authorized under section 11-2604 and
section 11-2605, D.C. Code (relating to representation
provided under the District of Columbia Criminal
Justice Act);
(2) a payment for counsel appointed in proceedings
in the Family Division of the Superior Court of the
District of Columbia under chapter 23 of title 16, D.C.
Code; or
(3) a payment for counsel authorized under section
21-2060, D.C. Code (relating to representation provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of
1986).
(c) Standards for Submission of Completed Vouchers.--The
chief judges of the Superior Court of the District of Columbia
and the District of Columbia Court of Appeals shall establish
standards and criteria for determining whether vouchers
submitted for claims for payments described in subsection (b)
are complete, and shall publish and make such standards and
criteria available to attorneys who practice before such
Courts.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the assessment of interest against any
claim (or portion of any claim) which is denied by the Court
involved.
(e) Effective Date.--This section shall apply with respect
to claims received by the Superior Court of the District of
Columbia or the District of Columbia Court of Appeals after the
expiration of the 90-day period which begins on the date of the
enactment of this Act.
Sec. 150. (a) Effective 120 days after the date of the
enactment of this Act, it shall be unlawful for any person to
distribute any needle or syringe for the hypodermic injection
of any illegal drug in any area of the District of Columbia
which is within 1000 feet of a public or private elementary or
secondary school (including a public charter school). It is
stipulated that based on a survey by the Metropolitan Police
Department of the District of Columbia that sites at 4th Street
Northeast and Rhode Island Avenue Northeast, Southern Avenue
Southeast and Central Avenue Southeast, 1st Street Southeast
and M Street Southeast, 21st Street Northeast and H Street
Northeast, Minnesota Avenue Northeast and Clay Place Northeast,
and 15th Street Southeast and Ives Street Southeast are outside
the 1000-foot perimeter. Sites at North Capitol Street and New
York Avenue Northeast, Division Avenue Northeast and Foote
Street Northeast, Georgia Avenue Northwest and New Hampshire
Avenue Northwest, and 15th Street Northeast and A Street
Northeast are found to be within the 1000-foot perimeter.
(b) The Public Housing Police of the District of Columbia
Housing Authority shall prepare a monthly report on activity
involving illegal drugs at or near any public housing site
where a needle exchange program is conducted, and shall submit
such reports to the Executive Director of the District of
Columbia Housing Authority, who shall submit them to the
Committees on Appropriations of the House of Representatives
and Senate. The Executive Director shall ascertain any concerns
of the residents of any public housing site about any needle
exchange program conducted on or near the site, and this
information shall be included in these reports. The District of
Columbia Government shall take appropriate action to require
relocation of any such program if so recommended by the police
or by a significant number of residents of such site.
federal contribution for enforcement of law banning possession of
tobacco products by minors
Sec. 151. (a) Contribution.--There is hereby appropriated a
Federal contribution of $100,000 to the Metropolitan Police
Department of the District of Columbia, effective upon the
enactment by the District of Columbia of a law which reads as
follows:
``SECTION 1. BAN ON POSSESSION OF TOBACCO PRODUCTS BY MINORS.
``(a) In General.--It shall be unlawful for any individual
under 18 years of age to possess any cigarette or other tobacco
product in the District of Columbia.
``(b) Exceptions.--
``(1) Possession in course of employment.--
Subsection (a) shall not apply with respect to an
individual making a delivery of cigarettes or tobacco
products in pursuance of employment.
``(2) Participation in law enforcement operation.--
Subsection (a) shall not apply with respect to an
individual possessing products in the course of a
valid, supervised law enforcement operation.
``(c) Penalties.--Any individual who violates subsection
(a) shall be subject to the following penalties:
``(1) For any violation, the individual may be
required to perform community service or attend a
tobacco cessation program.
``(2) Upon the first violation, the individual
shall be subject to a civil penalty not to exceed $50.
``(3) Upon the second and each subsequent
violation, the individual shall be subject to a civil
penalty not to exceed $100.
``(4) Upon the third and each subsequent violation,
the individual may have his or her driving privileges
in the District of Columbia suspended for a period of
90 consecutive days.''.
(b) Use of Contribution.--The Metropolitan Police
Department shall use the contribution made under subsection (a)
to enforce the law referred to in such subsection.
Sec. 152. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 153. (a) Nothing in the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301 et seq.) may be
construed to prohibit the Administrator of the Environmental
Protection Agency from negotiating and entering into
cooperative agreements and grants authorized by law which
affect real property of the Federal Government in the District
of Columbia if the principal purpose of the cooperative
agreement or grant is to provide comparable benefits for
Federal and non-Federal properties in the District of Columbia.
(b) Subsection (a) shall apply with respect to fiscal year
2001 and each succeeding fiscal year.
Sec. 154. (a) In General.--The District of Columbia Home
Rule Act, as amended by section 159(a) of this Act, is further
amended by inserting after section 450A the following new
section:
``comprehensive financial management policy
``Sec. 450B. (a) Comprehensive Financial Management
Policy.--The District of Columbia shall conduct its financial
management in accordance with a comprehensive financial
management policy.
``(b) Contents of Policy.--The comprehensive financial
management policy shall include, but not be limited to, the
following:
``(1) A cash management policy.
``(2) A debt management policy.
``(3) A financial asset management policy.
``(4) An emergency reserve management policy in
accordance with section 450A(a).
``(5) A contingency reserve management policy in
accordance with section 450A(b).
``(6) A policy for determining real property tax
exemptions for the District of Columbia.
``(c) Annual Review.--The comprehensive financial
management policy shall be reviewed at the end of each fiscal
year by the Chief Financial Officer who shall--
``(1) not later than July 1 of each year, submit
any proposed changes in the policy to the Mayor and (in
the case of a fiscal year which is a control year, as
defined in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995) the District of Columbia Financial
Responsibility and Management Assistance Authority
(Authority) for review;
``(2) not later than August 1 of each year, after
consideration of any comments received under paragraph
(1), submit the changes to the Council of the District
of Columbia (Council) for approval; and
``(3) not later than September 1 of each year,
notify the Committees on Appropriations of the Senate
and House of Representatives, the Committee on
Government Reform of the House of Representatives, and
the Committee on Governmental Affairs of the Senate of
any changes enacted by the Council.
``(d) Procedure for Development of First Comprehensive
Financial Management Policy.--
``(1) Chief Financial Officer.--Not later than
April 1, 2001, the Chief Financial Officer shall submit
to the Mayor an initial proposed comprehensive
financial management policy for the District of
Columbia pursuant to this section.
``(2) Council.--Following review and comment by the
Mayor, not later than May 1, 2001, the Chief Financial
Officer shall submit the proposed financial management
policy to the Council for its prompt review and
adoption.
``(3) Authority.--Upon adoption of the financial
management policy under paragraph (2), the Council
shall immediately submit the policy to the Authority
for a review of not to exceed 30 days.
``(4) Congress.--Following review of the financial
management policy by the Authority under paragraph (3),
the Authority shall submit the policy to the Committees
on Appropriations of the Senate and House of
Representatives, the Committee on Government Reform of
the House of Representatives, and the Committee on
Governmental Affairs of the Senate for review, and the
policy shall take effect 30 days after the date the
policy is submitted under this paragraph.''.
(b) Clerical Amendment.--The table of contents for the
District of Columbia Home Rule Act is amended by inserting
after the item relating to section 450A the following new item:
``Sec. 450B. Comprehensive financial management policy.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2000.
appointment and duties of chief financial officer
Sec. 155. (a) Appointment and Dismissal.--Section 424(b) of
the District of Columbia Home Rule Act (sec. 47-317.2, D.C.
Code) is amended--
(1) in paragraph (1)(B), by adding at the end the
following: ``Upon confirmation by the Council, the name
of the Chief Financial Officer shall be submitted to
the Committees on Appropriations of the Senate and
House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government
Reform of the House of Representatives for a 30-day
period of review and comment before the appointment
takes effect.''; and
(2) in paragraph (2)(B), by striking the period at
the end and inserting the following: ``upon dismissal
by the Mayor and approval of that dismissal by a \2/3\
vote of the Council. Upon approval of the dismissal by
the Council, notice of the dismissal shall be submitted
to the Committees on Appropriations of the Senate and
House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government
Reform of the House of Representatives for a 30-day
period of review and comment before the dismissal takes
effect.''.
(b) Functions.--
(1) In general.--Section 424(c) of such Act (sec.
47-317.3, D.C. Code) is amended--
(A) in the heading, by striking ``During a
Control Year'';
(B) in the matter preceding paragraph (1),
by striking ``During a control year, the Chief
Financial Officer'' and inserting ``The Chief
Financial Officer'';
(C) in paragraph (1), by striking
``Preparing'' and inserting ``During a control
year, preparing'';
(D) in paragraph (3), by striking
``Assuring'' and inserting ``During a control
year, assuring'';
(E) in paragraph (5), by striking ``With
the approval'' and all that follows through
``the Council--'' and inserting ``Preparing and
submitting to the Mayor and the Council, with
the approval of the Authority during a
control year--'';
(F) in paragraph (11), by striking ``or the
Authority'' and inserting ``(or by the
Authority during a control year)''; and
(G) by adding at the end the following new
paragraphs:
``(18) Exercising responsibility for the
administration and supervision of the District of
Columbia Treasurer (except that the Chief Financial
Officer may delegate any portion of such responsibility
as the Chief Financial Officer considers appropriate
and consistent with efficiency).
``(19) Administering all borrowing programs of the
District government for the issuance of long-term and
short-term indebtedness.
``(20) Administering the cash management program of
the District government, including the investment of
surplus funds in governmental and non-governmental
interest-bearing securities and accounts.
``(21) Administering the centralized District
government payroll and retirement systems.
``(22) Governing the accounting policies and
systems applicable to the District government.
``(23) Preparing appropriate annual, quarterly, and
monthly financial reports of the accounting and
financial operations of the District government.
``(24) Not later than 120 days after the end of
each fiscal year, preparing the complete financial
statement and report on the activities of the District
government for such fiscal year, for the use of the
Mayor under section 448(a)(4).''.
(2) Conforming amendments.--Section 424 of such Act
(sec. 47-317.1 et seq., D.C. Code) is amended--
(A) by striking subsection (d);
(B) in subsection (e)(2), by striking ``or
subsection (d)''; and
(C) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively.
Sec. 156. (a) Notwithstanding the provisions of the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978 (D.C. Law 2-139; D.C. Code 1-601.1 et seq.), or any
other District of Columbia law, statute, regulation, the
provisions of the District of Columbia Personnel Manual, or the
provisions of any collective bargaining agreement, employees of
the District of Columbia government will only receive
compensation for overtime work in excess of 40 hours per week
(or other applicable tour of duty) of work actually performed,
in accordance with the provisions of the Fair Labor Standards
Act, 29 U.S.C. Sec. 201 et seq.
(b) Subsection (a) of this section shall be effective
December 27, 1996. The Resolution and Order of the District of
Columbia Financial Responsibility and Management Assistance
Authority, dated December 27, 1996, is hereby ratified and
approved and shall be given full force and effect.
Sec. 157. (a) In General.--Notwithstanding section 503 of
Public Law 100-71 and as provided in subsection (b), the Court
Services and Offender Supervision Agency for the District of
Columbia (in this section referred to as the ``agency'') may
implement and administer the Drug Free Workplace Program of the
agency, dated July 28, 2000, for employment applicants of the
agency.
(b) Effective Period.--The waiver provided by subsection
(a) shall--
(1) take effect on enactment; and
(2) terminate on the date the Department of Health
and Human Services approves the drug program of the
agency pursuant to section 503 of Public Law 100-71 or
12 months after the date referred to in paragraph (1),
whichever is later.
Sec. 158. Commencing October 1, 2000, the Mayor of the
District of Columbia shall submit to the Senate and House
Committees on Appropriations, the Senate Governmental Affairs
Committee, and the House Government Reform Committee quarterly
reports addressing the following issues: (1) crime, including
the homicide rate, implementation of community policing, the
number of police officers on local beats, and the closing down
of open-air drug markets; (2) access to drug abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs; (3) management of parolees
and pre-trial violent offenders, including the number of
halfway house escapes and steps taken to improve monitoring and
supervision of halfway house residents to reduce the number of
escapes to be provided in consultation with the Court Services
and Offender Supervision Agency; (4) education, including
access to special education services and student achievement to
be provided in consultation with the District of Columbia
Public Schools; (5) improvement in basic District services,
including rat control and abatement; (6) application for and
management of Federal grants, including the number and type of
grants for which the District was eligible but failed to apply
and the number and type of grants awarded to the District but
which the District failed to spend the amounts received; and
(7) indicators of child well-being.
reserve funds
Sec. 159. (a) Establishment of Reserve Funds.--
(1) In general.--The District of Columbia Home Rule
Act is amended by inserting after section 450 the
following new section:
``reserve funds
``Sec. 450A. (a) Emergency Reserve Fund.--
``(1) In general.--There is established an
emergency cash reserve fund (in this subsection
referred to as the `emergency reserve fund') as an
interest-bearing account (separate from other accounts
in the General Fund) into which the Mayor shall deposit
in cash not later than February 15 of each fiscal year
(or not later than October 1, 2000, in the case of
fiscal year 2001) such amount as may be required to
maintain a balance in the fund of at least 4 percent of
the total budget appropriated for operating
expenditures for such fiscal year which is derived from
local funds (or, in the case of fiscal years prior to
fiscal year 2004, such amount as may be required to
maintain a balance in the fund of at least the minimum
emergency reserve balance for such fiscal year, as
determined under paragraph (2)).
``(2) Determination of minimum emergency reserve
balance.--
``(A) In general.--The `minimum emergency
reserve balance' with respect to a fiscal year
is the amount equal to the applicable
percentage of the total budget appropriated for
operating expenditures for such fiscal year
which is derived from local funds.
``(B) Applicable percentage defined.--In
subparagraph (A), the `applicable percentage'
with respect to a fiscal year means the
following:
``(i) For fiscal year 2001, 1
percent.
``(ii) For fiscal year 2002, 2
percent.
``(iii) For fiscal year 2003, 3
percent.
``(3) Interest.--Interest earned on the emergency
reserve fund shall remain in the account and shall only
be withdrawn in accordance with paragraph (4).
``(4) Criteria for use of amounts in emergency
reserve fund.--The Chief Financial Officer, in
consultation with the Mayor, shall develop a policy to
govern the emergency reserve fund which shall include
(but which may not be limited to) the following
requirements:
``(A) The emergency reserve fund may be
used to provide for unanticipated and
nonrecurring extraordinary needs of an
emergency nature, including a natural disaster
or calamity as defined by section 102 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Public Law 100-707)
or unexpected obligations by Federal law.
``(B) The emergency reserve fund may also
be used in the event of a State of Emergency as
declared by the Mayor pursuant to section 5 of
the District of Columbia Public Emergency Act
of 1980 (sec. 6-1504, D.C. Code).
``(C) The emergency reserve fund may not be
used to fund--
``(i) any department, agency, or
office of the Government of the
District of Columbia which is
administered by a receiver or other
official appointed by a court;
``(ii) shortfalls in any projected
reductions which are included in the
budget proposed by the District of
Columbia for the fiscal year; or
``(iii) settlements and judgments
made by or against the Government of
the District of Columbia.
``(5) Allocation of emergency cash reserve funds.--
Funds may be allocated from the emergency reserve fund
only after--
``(A) an analysis has been prepared by the
Chief Financial Officer of the availability of
other sources of funding to carry out the
purposes of the allocation and the impact of
such allocation on the balance and integrity of
the emergency reserve fund; and
``(B) with respect to fiscal years
beginning with fiscal year 2005, the
contingency reserve fund established by
subsection (b) has been projected by the Chief
Financial Officer to be exhausted at the time
of the allocation.
``(6) Notice.--The Mayor, the Council, and (in the
case of a fiscal year which is a control year, as
defined in section 305(4) of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995) the District of Columbia Financial
Responsibility and Management Assistance Authority
shall notify the Committees on Appropriations of the
Senate and House of Representatives in writing not more
than 30 days after the expenditure of funds from the
emergency reserve fund.
``(7) Replenishment.--The District of Columbia
shall appropriate sufficient funds each fiscal year in
the budget process to replenish any amounts allocated
from the emergency reserve fund during the preceding
fiscal year by the following fiscal year. Once the
emergency reserve equals 4 percent of total budget
appropriated from local funds for operating
expenditures for the fiscal year, the District of
Columbia shall appropriate sufficient funds each fiscal
year in the budget process to replenish any amounts
allocated from the emergency reserve fund during the
preceding year to maintain a balance of at least 4
percent of total funds appropriated from local funds
for operating expenditures by the following fiscal
year.
``(b) Contingency Reserve Fund.--
``(1) In general.--There is established a
contingency cash reserve fund (in this subsection
referred to as the `contingency reserve fund') as an
interest-bearing account (separate from other accounts
in the General Fund) into which the Mayor shall deposit
in cash not later than October 1 of each fiscal year
(beginning with fiscal year 2005) such amount as may be
required to maintain a balance in the fund of at least
3 percent of the total budget appropriated for
operating expenditures for such fiscal year which is
derived from local funds (or, in the case of fiscal
years prior to fiscal year 2007, such amount as may be
required to maintain a balance in the fund of at least
the minimum contingency reserve balance for such fiscal
year, as determined under paragraph (2)).
``(2) Determination of minimum contingency reserve
balance.--
``(A) In general.--The `minimum contingency
reserve balance' with respect to a fiscal year
is the amount equal to the applicable
percentage of the total budget appropriated
from local funds for operating expenditures for
such fiscal year which is derived from local
funds.
``(B) Applicable percentage defined.--In
subparagraph (A), the `applicable percentage'
with respect to a fiscal year means the
following:
``(i) For fiscal year 2005, 1
percent.
``(ii) For fiscal year 2006, 2
percent.
``(3) Interest.--Interest earned on the contingency
reserve fund shall remain in the account and may only
be withdrawn in accordance with paragraph (4).
``(4) Criteria for use of amounts in contingency
reserve fund.--The Chief Financial Officer, in
consultation with the Mayor, shall develop a policy
governing the use of the contingency reserve fund which
shall include (but which may not be limited to) the
following requirements:
``(A) The contingency reserve fund may only
be used to provide for nonrecurring or
unforeseen needs that arise during the fiscal
year, including expenses associated with
unforeseen weather or other natural disasters,
unexpected obligations created by Federal law
or new public safety or health needs or
requirements that have been identified after
the budget process has occurred, or
opportunities to achieve cost savings.
``(B) The contingency reserve fund may be
used, if needed, to cover revenue shortfalls
experienced by the District government for 3
consecutive months (based on a 2 month rolling
average) that are 5 percent or more below the
budget forecast.
``(C) The contingency reserve fund may not
be used to fund any shortfalls in any projected
reductions which are included in the budget
proposed by the District of Columbia for the
fiscal year.
``(5) Allocation of contingency cash reserve.--
Funds may be allocated from the contingency reserve
fund only after an analysis has been prepared by the
Chief Financial Officer of the availability of other
sources of funding to carry out the purposes of the
allocation and the impact of such allocation on the
balance and integrity of the contingency reserve fund.
``(6) Replenishment.--The District of Columbia
shall appropriate sufficient funds each fiscal year in
the budget process to replenish any amounts allocated
from the contingency reserve fund during the preceding
fiscal year by the following fiscal year. Once the
contingency reserve equals 3 percent of total funds
appropriated from local funds for operating
expenditures, the District of Columbia shall
appropriate sufficient funds each fiscal year in the
budget process to replenish any amounts allocated from
the contingency reserve fund during the preceding year
to maintain a balance of at least 3 percent of total
funds appropriated from local funds for operating
expenditures by the following fiscal year.
``(c) Quarterly Reports.--The Chief Financial Officer shall
submit a quarterly report to the Mayor, the Council, the
District of Columbia Financial Responsibility and Management
Assistance Authority (in the case of a fiscal year which is a
control year, as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995), and the Committees on Appropriations of the Senate
and House of Representatives that includes a monthly statement
on the balance and activities of the contingency and emergency
reserve funds.''.
(2) Clerical amendment.--The table of contents for
the District of Columbia Home Rule Act is amended by
inserting after the item relating to section 450 the
following new item:
``Sec. 450A. Reserve funds.''.
(b) Conforming Amendments.--
(1) Current reserve fund.--Section 202(j) of the
District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (sec. 47-392.2(j),
D.C. Code) is amended--
(A) in paragraph (1), by striking
``Beginning with fiscal year 2000, the plan or
budget submitted pursuant to this Act'' and
inserting ``For each of the fiscal years 2000
through 2004, the budget of the District
government for the fiscal year''; and
(B) by adding at the end the following new
paragraph:
``(4) Replenishment.--Any amount of the reserve
funds which is expended in one fiscal year shall be
replenished in the reserve funds from the following
fiscal year appropriations to maintain the $150,000,000
balance.''.
(2) Positive fund balance.--Section 202(k) of such
Act (sec. 47-392.2(k), D.C. Code) is repealed.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on October 1, 2000.
treatment of revenue bonds secured by tobacco settlement payments
Sec. 160. (a) Permitting Council to Delegate Authority to
Issue Bonds.--
(1) In general.--Section 490 of the District of
Columbia Home Rule Act (sec. 47-334, D.C. Code) is
amended--
(A) by redesignating subsections (i)
through (m) as subsections (j) through (n); and
(B) by inserting after subsection (h) the
following new subsection:
``(i)(1) The Council may delegate to the District of
Columbia Tobacco Settlement Financing Corporation (hereafter in
this subsection referred to as the ``Corporation'') established
pursuant to the Tobacco Settlement Financing Act of 2000 the
authority of the Council under subsection (a) to issue revenue
bonds, notes, and other obligations which are used to borrow
money to finance or assist in the financing or refinancing of
capital projects and other undertakings of the District of
Columbia and which are payable solely from and secured by
payments under the Master Tobacco Settlement Agreement. The
Corporation may exercise authority delegated to it by the
Council as described in the first sentence of this paragraph
(whether such delegation is made before or after the date of
the enactment of this subsection) only in accordance with this
subsection and the provisions of the Tobacco Settlement
Financing Act of 2000.
``(2) Revenue bonds, notes, and other obligations issued by
the Corporation under a delegation of authority described in
paragraph (1) shall be issued by resolution of the Corporation,
and any such resolution shall not be considered to be an act of
the Council.
``(3) The fourth sentence of section 446 shall not apply
to--
``(A) any amount (including the amount of any
accrued interest or premium) obligated or expended from
the proceeds of the sale of any revenue bond, note, or
other obligation issued pursuant to this subsection;
``(B) any amount obligated or expended for the
payment of the principal of, interest on, or any
premium for any revenue bond, note, or other obligation
issued pursuant to this subsection;
``(C) any amount obligated or expended to secure
any revenue bond, note, or other obligation issued
pursuant to this subsection; or
``(D) any amount obligated or expended for repair,
maintenance, and capital improvements to facilities
financed pursuant to this subsection.
``(4) In this subsection, the term `Master Tobacco
Settlement Agreement' means the settlement agreement (and
related documents), as may be amended from time to time,
entered into on November 23, 1998, by the District of Columbia
and leading United States tobacco product manufacturers.''.
(2) Conforming amendment.--The fourth sentence of
section 446 of such Act (sec. 47-304, D.C. Code) is
amended by striking ``and (h)(3)'' and inserting
``(h)(3), and (i)(3)''.
(b) Waiver of Congressional Review Period for Tobacco
Settlement Financing Act.--Notwithstanding section 602(c)(1) of
the District of Columbia Home Rule Act (sec. 1-233(c)(1), D.C.
Code), the Tobacco Settlement Financing Act of 2000 (title
XXXVII of D.C. Act 13-375, as amended by section 8(e) of D.C.
Act 13-387) shall take effect on the date of the enactment of
such Act or the date of the enactment of this Act, whichever is
later.
Sec. 161. Section 603(e) of the Student Loan Marketing
Association Reorganization Act of 1996 (Public Law 104-208; 110
Stat. 3009-293), as amended by section 153 of the District of
Columbia Appropriations Act, 2000, is amended--
(1) by amending the second sentence of paragraph
(2)(B) to read as follows: ``Of such amounts and
proceeds, $5,000,000 shall be set aside for a credit
enhancement fund for public charter schools in the
District of Columbia, to be administered and disbursed
in accordance with paragraph (3).''; and
(2) by adding at the end the following new
paragraph:
``(3) Credit enhancement fund for public charter
schools.--
``(A) Distribution of amounts.--Of the
amounts in the credit enhancement fund
established under paragraph (2)(B)--
``(i) 50 percent shall be used to
make grants under subparagraph (B); and
``(ii) 50 percent shall be used to
make grants under subparagraph (C).
``(B) Grants to eligible nonprofit
corporations.--
``(i) In general.--Using the
amounts described in subparagraph
(A)(i), not later than 1 year after the
date of the enactment of the District
of Columbia Appropriations Act, 2001,
the Mayor of the District of Columbia
shall make and disburse grants to
eligible nonprofit corporations to
carry out the purposes described in
subparagraph (E).
``(ii) Administration.--The Mayor
shall administer the program of grants
under this subparagraph, except that if
the committee described in subparagraph
(C)(iii) is in operation and is fully
functional prior to the date the Mayor
makes the grants, the Mayor may
delegate the administration of the
program to the committee.
``(C) Other grants.--
``(i) In general.--Using the
amounts described in subparagraph
(A)(ii), the Mayor of the District of
Columbia shall make grants to entities
to carry out the purposes described in
subparagraph (E).
``(ii) Participation of schools.--A
public charter school in the District
of Columbia may receive a grant under
this subparagraph to carry out the
purposes described in subparagraph (E)
in the same manner as other entities
receiving grants to carry out such
activities.
``(iii) Administration through
committee.--The Mayor shall carry out
this subparagraph through the committee
appointed by the Mayor under the second
sentence of paragraph (2)(B) (as in
effect prior to the enactment of the
District of Columbia Appropriations
Act, 2001). The committee may enter
into an agreement with a third party to
carry out its responsibilities under
this subparagraph.
``(iv) Cap on administrative
costs.--Not more than 10% of the funds
available for grants under this
subparagraph may be used to cover the
administrative costs of making grants
under this subparagraph.
``(D) Special rule regarding eligibility of
nonprofit corporations.--In order to be
eligible to receive a grant under this
paragraph, a nonprofit corporation must provide
appropriate certification to the Mayor or to
the committee described in subparagraph
(C)(iii) (as the case may be) that it is duly
authorized by two or more public charter
schools in the District of Columbia to act on
their behalf in obtaining financing (or in
assisting them in obtaining financing) to cover
the costs of activities described in
subparagraph (E)(i).
``(E) Purposes of grants.--
``(i) In general.--The recipient of
a grant under this paragraph shall use
the funds provided under the grant to
carry out activities to assist public
charter schools in the District of
Columbia in--
``(I) obtaining financing
to acquire interests in real
property (including by
purchase, lease, or donation),
including financing to cover
planning, development, and
other incidental costs;
``(II) obtaining financing
for construction of facilities
or the renovation, repair, or
alteration of existing property
or facilities (including the
purchase or replacement of
fixtures and equipment),
including financing to cover
planning, development, and
other incidental costs; and
``(III) enhancing the
availability of loans
(including mortgages) and
bonds.
``(ii) No direct funding for
schools.--Funds provided under a grant
under this subparagraph may not be used
by a recipient to make direct loans or
grants to public charter schools.''.
Sec. 162. (a) Exclusive Authority of Mayor.--
Notwithstanding section 451 of the District of Columbia Home
Rule Act or any other provision of District of Columbia or
Federal law to the contrary, the Mayor of the District of
Columbia shall have the exclusive authority to approve and
execute leases of the Washington Marina and the Washington
municipal fish wharf with the existing lessees thereof for an
initial term of 30 years, together with such other terms and
conditions (including renewal options) as the Mayor deems
appropriate.
(b) Definitions.--In this section--
(1) the term ``Washington Marina'' means the
portions of Federal property in the Southwest quadrant
of the District of Columbia within Lot 848 in Square
473, the unassessed Federal real property adjacent to
Lot 848 in Square 473, and riparian rights appurtenant
thereto; and
(2) the term ``Washington municipal fish wharf''
means the water frontage on the Potomac River lying
south of Water Street between 11th and 12th Streets,
including the buildings and wharves thereon.
Sec. 163. Section 11201(g)(4)(A) of the National Capital
Revitalization and Self-Government Improvement Act of 1997
(D.C. Code, sec. 24-1201(g)(4)(A)) is amended--
(1) by redesignating clauses (vi) through (ix) as
clauses (vii) through (x), respectively; and
(2) by inserting after clause (v) the following:
``(vi) immediately upon completing
the remediation required under clause
(ii) (but in no event later than June
1, 2003), transfer any property located
south of Silverbrooke Road which is
identified for use for educational
purposes in the Fairfax County reuse
plan to the County, without
consideration, subject to the condition
that the County use the property only
for educational purposes;''.
Sec. 164. (a) Section 208(a) of the District of Columbia
Procurement Practices Act of 1985 (sec. 1-1182.8(a), D.C. Code)
is amended--
(1) in paragraph (4)(A), by striking ``the same
auditor)'' and inserting ``the same auditor, except as
may be provided in paragraph (5)); and
(2) by adding at the end the following new
paragraph:
``(5) Notwithstanding paragraph (4)(A), an auditor who is a
subcontractor to the auditor who audited the financial
statement and report described in paragraph (3)(H) for a fiscal
year may audit the financial statement and report for any
succeeding fiscal year (as either the prime auditor or as a
subcontractor to another auditor) if--
``(A) such subcontractor is not a signatory to the
statement and report for the previous fiscal year;
``(B) the prime auditor reviewed and approved the
work of the subcontractor on the statement and report
for the previous fiscal year; and
``(C) the subcontractor is not an employee of the
prime contractor or of an entity owned, managed, or
controlled by the prime contractor.''.
(b) The amendment made by subsection (a) shall apply with
respect to financial statements and reports for activities of
the District of Columbia Government for fiscal years beginning
with fiscal year 2001.
Sec. 165. Section 11201(g) of the National Capital
Revitalization and Self-Government Improvement Act of 1997
(D.C. Code, sec. 24-1201(g)) is amended by adding at the end
the following new paragraph:
``(6) Meadowood farm land exchange.--
``(A) In general.--If, not later than
January 15, 2001, Fairfax County, Virginia,
agrees to convey fee simple title to the
property on Mason Neck in excess of 800 acres
depicted on the map dated June 2000, on file in
the Office of the Director of the Bureau of
Land Management, Eastern States (hereafter in
this paragraph referred to as `Meadowood Farm')
to the Secretary of the Interior, then the
Administrator of General Services shall agree
to convey to Fairfax County, Virginia, fee
simple title to the property located at the
Lorton Correctional Complex north of
Silverbrook Road, and consisting of more than
200 acres identified in the Fairfax County
Reuse Plan, dated July 26, 1999, as land
available for residential development in Land
Units 1 and 2 (hereafter in this paragraph
referred to as the `Laurel Hill Residential
Land'), the actual exchange to occur no later
than December 31, 2001.
``(B) Terms and conditions.--(i) When
Fairfax County transfers fee simple title to
Meadowood Farm to the Secretary of the
Interior, the Administrator of General Services
shall simultaneously transfer to the County the
Laurel Hill Residential Land.
``(ii) The transfer of property to Fairfax
County, Virginia, under clause (i) shall be
subject to such terms and conditions that the
Administrator of General Services considers to
be appropriate to protect the interests of the
United States.
``(iii) Any proceeds derived from the sale
of the Laurel Hill Residential Land by Fairfax
County that exceed the County's cost of
acquiring, financing (which shall be deemed a
County cost from the time of financing of the
Meadowood Farm acquisition to the receipt of
proceeds of the sale or sales of the Laurel
Hill Residential Land until such time as the
proceeds of such sale or sales exceed the
acquisition and financing costs of Meadowood
Farm to the County), preparing, and conveying
Meadowood Farm and costs incurred for
improving, preparing, and conveying the Laurel
Hill Residential Land shall be remitted to the
United States and deposited into the special
fund established pursuant to paragraph
(4)(A)(viii).
``(C) Management of property.--The property
transferred to the Secretary of the Interior
under this section shall be managed by the
Bureau of Land Management for public use and
recreation purposes.''.
Sec. 166. Section 158(b) of the District of Columbia
Appropriations Act, 2000 (Public Law 106-113; 113 Stat. 1527)
is amended to read as follows:
``(b) Source of Funds; Transfer.--An amount not to exceed
$5,000,000 from the National Highway System funds apportioned
to the District of Columbia under section 104 of title 23,
United States Code, may be used for purposes of carrying out
the project under subsection (a).''.
This Act may be cited as the ``District of Columbia
Appropriations Act, 2001''.
DISTRICT OF COLUMBIA APPROPRIATIONS
Following is explanatory language on H.R. 5547, as
introduced on October 25, 2000.
The conferees on H.R. 4942 agree with the matter included
in H.R. 5547 and enacted in this conference report by reference
and the following description of it. This bill was developed
through negotiations by the conferees on the differences in
H.R. 4942. References in the following description to the
``conference agreement'' mean the matter included in the
introduced bill enacted by this conference report. References
to the House bill mean the House passed version of H.R. 4942.
References to the Senate bill or Senate Amendment mean the
Senate passed version of H.R. 4942.
The conference agreement on the District of Columbia
Appropriations Act, 2001, incorporates some of the provisions
of both the House and Senate versions of the bill. The language
and allocations set forth in House Report 106-786 and Senate
Report 106-409 should be complied with unless specifically
addressed in the accompanying bill and statement of the
managers to the contrary. The agreement agreed to herein, while
repeating some report language for emphasis, does not negate
the language referenced above unless expressly provided.
A summary chart appears later in this statement just
before the explanations of the general provisions showing the
Federal appropriations by account and the allocation of
District funds by agency or office under each appropriation
title showing the fiscal year 2000 appropriation, the fiscal
year 2001 request, the House and Senate recommendations and the
conference allowance.
Federal Funds
federal payment for resident tuition support
Appropriates $17,000,000 as proposed by the Senate
instead of $14,000,000 as proposed by the House. The conference
agreement deletes language limiting administrative expenses to
not more than five percent of the appropriation.
federal payment to the chief financial officer of the district of
columbia
Appropriates $1,250,000 instead of $1,500,000 as proposed
by the House. The appropriation includes $250,000 for payment
to a mentoring program and for hotline services; $250,000 for
payment to a character education initiative; $250,000 for a
program to provide basic values training in the local public
schools; and $500,000 for the design, construction, and
maintenance of a trash rack system to mitigate environmental
harm caused by trash carried in city runoff which flows through
the National Arboretum via the Hickey Run Watershed into the
Anacostia River.
The conferees direct the District's Chief Financial
Officer to make the above payments within 30 days of the
enactment of this Act as follows: $250,000 to the International
Youth Service and Development Corp., for the mentoring program
and hotline services; $250,000 to Values First, a 501(c)3
educational organization, to expand their current program that
trains District public school teachers in how to instill basic
values into the lives of their students; $250,000 to the Best
Friends Foundation for the character education initiative; and
$500,000 to the National Arboretum for the Hickey Run
stormwater outfall project. The conferees do not expect the
Chief Financial Officer to administer these programs or get
involved in any way with the programs except to ensure that the
funds are disbursed promptly and correctly to the proper
organizations. The conferees direct that each of the
organizations provide an annual report by November 30, 2001, to
the Committees on Appropriations of the House and the Senate.
federal payment for commercial revitalization program
Appropriates $1,500,000 as proposed by the Senate to
provide offsets against local taxes for a commercial
revitalization program in enterprise zones and low and moderate
income areas in the District of Columbia.
federal payment to the district of columbia public schools
Appropriates $500,000 as proposed by the Senate for the
District of Columbia Public Schools to be used for programs to
reduce school violence and to enhance the reading skills of
local public school students.
federal payment to the metropolitan police department
Appropriates $100,000 to the Metropolitan Police
Department to fund a youth safe haven police mini-station for
mentoring high risk youth.
federal contribution to covenant house washington
Appropriates $500,000 as proposed by the Senate for a
contribution to the construction in Southeast Washington of a
new community service center for homeless, runaway and at-risk
youth.
federal payment to the district of columbia corrections trustee
operations
Appropriates $134,200,000 as proposed by the Senate
instead of $134,300,000 as proposed by the House.
federal payment to the district of columbia courts
Appropriates $105,000,000 instead of $99,500,000 as
proposed by the House and $109,080,000 as proposed by the
Senate and allocates $7,409,000 for the District of Columbia
Court of Appeals instead of $7,709,000 as proposed by the House
and the Senate and $71,121,000 for the District of Columbia
Superior Court instead of $72,399,000 as proposed by the House
and the Senate and $17,890,000 for the Court System instead of
$16,892,000 as proposed by the House and $17,892,000 as
proposed by the Senate. The appropriated amount includes (1)
$5,255,000 to finance a pay adjustment of 8.48 percent for
nonjudicial employees as proposed by the Senate, and (2)
$3,325,000 for capital improvements of which $825,000 is for
roofing repairs to the Old Courthouse instead of $2,500,000 for
capital improvements as proposed by the House and $5,825,000
for capital improvements of which $825,000 is for roofing
repairs to the Old Courthouse as proposed by the Senate. The
conference agreement retains the proviso concerning the
purchase, installation and operation of an Integrated Justice
Information System as proposed by the House.
defender services in district of columbia courts
Appropriates $34,387,000 as proposed by the House instead
of $38,387,000 as proposed by the Senate and makes conforming
technical changes.
federal payment to the court services and offender supervision agency
for the district of columbia
Appropriates $112,527,000 as proposed by the Senate
instead of $115,752,000 as proposed by House and allocates
$67,521,000 for Community Supervision and Sex Offender
Registration as proposed by the Senate instead of $69,871,000
as proposed by the House, and $26,228,000 for the Pretrial
Services Agency as proposed by the Senate instead of
$27,103,000 as proposed by the House. The conference agreement
also requires that $17,854,000 of this appropriation, of which
$836,000 is for the Public Defender Service, be used to improve
pretrial defendant and post-conviction offender supervision, to
enhance drug testing and sanctions-based treatment programs and
other treatment services, to expand intermediate sanctions and
offender reentry programs, to continue planning and design
proposals for a residential sanctions center, and to make
improvements in the administrative infrastructure including
information technology instead of $22,161,000 of which $836,000
is for the Public Defender Service as proposed by the House.
The conference agreement inserts language as proposed by the
Senate to allow the agency to use funds for the transfer and
hire of motor vehicles. The conferees direct that vehicles be
provided directly by the General Services Administration and
not by a third party leasing company.
federal payment for washington interfaith network
Appropriates $1,000,000 as proposed by the House to the
Washington Interfaith Network to reimburse the Network for
costs incurred in carrying out preconstruction activities at
the former Fort Dupont Dwellings and Additions.
federal payment for plan to simplify employee compensation systems
Appropriates $250,000 to the Mayor as proposed by the
House to contract for the study and development of a plan to
simplify the pay and compensation systems and schedules and
work rules that currently apply to employees of the District of
Columbia. Simplifying the pay and compensation systems and
schedules and work rules should result in significant savings
to District taxpayers and make the District government's
operations more efficient.
The conferees agree that the solicitation for the
contract is to provide that any contract awarded under the
solicitation require that the contractor submit a plan to the
Mayor and the House and Senate Committees on Appropriations
that includes, at a minimum, certain specific elements. The
first of these is a review of the current pay and compensation
systems and schedules and work rules that apply to employees of
the District of Columbia. Second, the plan the contractor
develops must contain a review of the best practices of state
and local governments and other appropriate organizations
regarding pay and compensation systems. The conferees recognize
that a substantial number of District employees are members of
employee unions; therefore, a review of best practices should
focus on state and local governments and other organizations
that have similarly unionized workforces. Third, the plan must
contain a proposal for simplifying pay and compensation systems
and schedules that apply to employees of the District of
Columbia. Finally, the contractor's plan must contain an
estimated timeframe for completion and strategies for
implementing the plan, including identification of any
statutory, contractual, or other barriers to implementation.
Included in the discussion of barriers should be discussion of
mitigating strategies and a recognition of the potential
barrier of collective bargaining agreements to the successful
implementation of a simplified pay system. This section applies
to all employees of the District of Columbia, including
employees of all independent agencies, school board employees
and employees of District agencies currently in receivership
and other agencies, but does not apply to employees who work in
the District court system.
The Mayor is to develop a proposed solicitation within 90
days of enactment of this Act and submit a copy to the
Comptroller General for his review at least 90 days prior to
issuance of the proposed solicitation. The Comptroller General
shall, within 45 days after receipt of the copy of the proposed
solicitation, review it to ensure that it adequately addresses
all of the elements required by this section and report to the
House and Senate Committees on Appropriations the results of
his review. The conferees expect the District government to
supplement this amount, if necessary, with local funds, and for
the Mayor to allocate the contract cost as he deems
appropriate.
metrorail construction
Appropriates $25,000,000 in Federal funds for a
contribution to the Washington Metropolitan Area Transit
Authority as proposed by the Senate instead of $25,000,000 of
which $17,900,000 would be by transfer as proposed by the House
and inserts language concerning the release of the funds and
the application of 49 U.S.C. 5309(a)(2) to this project as
proposed by the Senate. The conferees agree that this
contribution is contingent upon the District government setting
aside $25,000,000 in its capital budget for the project and
establishing a special taxing district for the neighborhood of
the proposed Metrorail site to contribute an additional
$25,000,000. The conferees note that the commitment of
$25,000,000 has not been secured by the establishment of a
special taxing district. Until this funding has been secured,
the Federal funds appropriated under this heading are to be
held by the U.S. Treasury. The conferees agree that this
appropriation is not to be considered a one-third contribution
to this project and do not plan to revise the Federal
contribution to reflect a percentage contribution. The
conferees direct the Washington Metropolitan Area Transit
Authority to closely monitor the development of this project,
especially the cost containment issues, and will hold the
Authority responsible and accountable.
federal payment for national museum of american music
Deletes the paragraph appropriating $250,000 to the
Federal City Council for planning costs for a National Museum
of American Music proposed by the House and deleted by the
Senate. The conferees have not recommended additional funding
for the National Museum of American Music. The President's
budget proposal includes $3,000,000 to fund the staff,
consultants, design, environmental assessments and preparation
of Request for Proposals to complete the planning phase of the
museum.
In the District of Columbia Appropriations Act for fiscal
year 1999 (Public Law 105-277), the Federal City Council, a
private, non-profit organization, received $300,000 to conduct
a needs and design study for a National Museum of American
Music. Although the needs and design study has not been
completed, the scope of the envisioned project has expanded to
a multi-million dollar, mixed-use development that would
include, in addition to the Museum, performance and
entertainment venues, retail and dining facilities, hotels and
housing, a performing arts theater, and an elementary school.
The Federal City Council and other interested parties have
targeted the current Washington Convention Center site as the
preferred location for the development.
The conferees have determined that additional funding of
the project is premature. First, local District officials have
not had an opportunity to review and analyze the proposed
project. Nor has the District government made a financial
commitment to this project. Also at issue is whether the
project envisioned by the Federal City Council constitutes the
highest and best use of the real estate under consideration.
Finally, the conferees have not been provided with a detailed
analysis of the project scope and all potential funding
sources.
The conferees direct the General Accounting Office to
review the National Museum of American Music project proposal
and report to the Committees on Appropriations of the Senate
and the House by April 1, 2001, on: (1) total project cost
estimates; (2) all potential project funding sources (including
local District, Federal, and private funding sources); (3) an
analysis of whether the proposed project is suited for the site
of the current Convention Center; and (4) whether it
constitutes the highest and best use of the property at issue.
The conferees encourage the staff of the Library of Congress
and the Smithsonian to collaborate with the staff of the
Federal City Council in the preparation of this report. The
requested data will enable the Committees to more carefully
analyze the appropriateness of continued Federal funding.
federal payment for brownfield remediation
Appropriates $3,450,000 for environmental and
infrastructure costs at Poplar Point as proposed by the Senate.
The conference agreement allocates $2,150,000 for environmental
assessment, site remediation and wetlands restoration of the 11
acres of real property under the jurisdiction of the District
of Columbia and no more than $1,300,000 for infrastructure
costs for an entrance to Anacostia Park as proposed by the
Senate. The conference action also prohibits the use of any of
these funds to purchase private property in the Poplar Point
area as proposed by the Senate. The conferees note that in
addition to the $3,450,000 provided under this heading,
$4,615,000 in Federal funds appropriated for infrastructure
needs in Public Law 105-277 (112 Stat. 2681-552,3) has also
been allocated to the Poplar Point project.
presidential inauguration
Appropriates $5,961,000 as proposed by the House instead
of $6,211,000 as proposed by the Senate to reimburse the
District government for expenses incurred in connection with
presidential inauguration activities.
children's national medical center
Appropriates $500,000 for a Federal contribution to the
Children's National Medical Center to be used for the network
of satellite pediatric health clinics for children and families
in underserved neighborhoods and communities in the District.
child advocacy center
Appropriates $500,000 for a Federal contribution to the
Child Advocacy Center for its Safe Shores program. The
conferees are concerned with the inadequate treatment received
by young victims of abuse and neglect. Safe Shores is the
District's only Child Advocacy Center and serves an ever-
growing population of maltreated children in the District of
Columbia. Safe Shores is equipped with clinicians trained to
work specifically with children to help facilitate resolution
and healing for the young victims of abuse and neglect. Safe
Shores works with the Metropolitan Police Department and the
Child and Family Services Agency as an integral part of the
multidisciplinary child welfare team in the District and is
vital to effective intervention and case management. The
conferees are disturbed by the lack of financial support
offered the Center by the District's current administration,
particularly in light of recent discoveries by the General
Accounting Office of the crisis situation of the District's
child welfare system.
st. coletta of greater washington expansion project
Appropriates $1,000,000 for a Federal contribution to St.
Coletta of Greater Washington, Inc., for costs associated with
the establishment of a day program and comprehensive case
management services for mentally retarded and multiple-
handicapped adolescents and adults in the District of Columbia,
including property acquisition and construction. The facility
will be located at 212 M Street, S.E., and will provide
vocational and functional life skills training, speech/language
therapy, occupational therapy, physical therapy and behavior
management to 100 adolescents and 50 adults.
district of columbia special olympics
Appropriates $250,000 for a Federal contribution to the
District of Columbia Special Olympics which provides a year-
round 15-sport program serving 2,500 mentally and
developmentally disabled children and adults in the District.
federal contribution for enforcement of law banning possession of
tobacco products by minors
The conference agreement appropriates $100,000 under
section 151 of the general provisions to the Metropolitan
Police Department on the condition that the District government
enacts into law a ban on the possession of tobacco products by
minors as specified in section 151. The funds are to be used by
the Department to enforce the ban.
DISTRICT OF COLUMBIA FUNDS
operating expenses
division of expenses
Inserts an additional exception to the spending ceiling
for operating expenses to reflect the reserve fund and provides
that operating expenses for the District for fiscal year 2001
shall not exceed $5,677,379,000 of which $172,607,000 is from
intra-District funds and $3,250,783,000 is from local funds
instead $5,689,176,000 of which $192,804,000 is from intra-
District funds and $3,245,523,000 is from local funds as
proposed by the House and $5,546,536,000 of which $192,804,000
is from intra-District funds and $3,096,383,000 is from local
funds as proposed by the Senate. The changes in the amounts
reflect actions taken by the conferees in the funding levels
under the various appropriation headings.
district of columbia financial responsibility and management assistance
authority
Appropriates $3,140,000 from other funds instead of
$3,140,000 from local funds as proposed by the House and
$6,500,000 from other funds as proposed by the Senate. The
conference agreement retains the proviso concerning the cap on
the salary levels of the Executive Director and the General
Counsel as proposed by the House and inserts a proviso that
limits severance or bonus payments and payments under
agreements in effect before the enactment of this Act to two
weeks for each full year of employment with the Authority. The
severance payments are only for employees who are employed by
the Authority during the entire period which begins on the date
of the enactment of this Act and ends on September 30, 2001. An
employee who leaves prior to September 30, 2001 is not entitled
to any payment other than their regular salary for services
performed prior to separation and a payment for unused regular
annual leave accrued by the individual. The conferees believe
the severance allowance recommended is generous.
governmental direction and support
Appropriates $195,771,000 including $162,172,000 from
local funds instead of $194,521,000 including $160,922,000 from
local funds as proposed by the House and $194,271,000 including
$160,672,000 from local funds as proposed by the Senate. The
conference agreement deletes (1) the proviso proposed by the
Senate regarding the use of freed-up appropriations and (2) the
proviso proposed by the House that would have restricted the
availability of funds for the Maximus, Inc., revenue recovery
services contract GF 98104. The conference agreement includes
language that provides the Office of the Chief Technology
Officer with small purchase procurement authority of $500,000
as proposed by the House.
Office of the Mayor.--The conference agreement provides
$7,467,000 instead of $5,967,000 provided by the House and
$7,217,000 provided by the Senate. The allowance recommended by
the conferees includes $1,500,000 in Federal funds to remain
available until expended as proposed by the Senate for the
commercial revitalization program and $250,000 in Federal funds
as proposed by the House for the study and development of a
plan to simplify the pay and compensation systems and schedules
and work rules that currently apply to employees of the
District of Columbia. A discussion of the requirements and
expectations regarding the plan to simplify the District's pay
and compensation systems can be found earlier in this report
under ``Federal Payment for Plan to Simplify Employee
Compensation Systems''. The Mayor's request of $10,717,000 was
adjusted to exclude $5,000,000 for the one-time appropriation
in fiscal year 2000 for the commercial revitalization program.
The conference agreement includes language as proposed by the
Senate that makes the $5,000,000 available until expended.
Office of the Chief Financial Officer.--The conference
agreement includes an increase of $1,250,000 in Federal funds
appropriated earlier in this Act for the Office of the Chief
Financial Officer instead of $1,500,000 as proposed by the
House. The allowance includes $250,000 for payment to a
mentoring program and for hotline services; $250,000 for
payment to a character education initiative; $250,000 for a
program to provide basic values training in the local public
schools; and $500,000 for the design, construction, and
maintenance of a trash rack system to mitigate environmental
harm caused by trash carried in city runoff which flows through
the National Arboretum via the Hickey Run Watershed into the
Anacostia River. Instructions to the Chief Financial Officer on
the payment of these amounts are included under Federal Funds
earlier in this report.
St. Elizabeths Hospital.--The conference agreement
inserts a proviso that requires the Chief Financial Officer to
submit a study by March 1, 2001, to the Committees on
Appropriations of the House and the Senate on the merits and
potential of privatizing the operation and administration of
St. Elizabeths Hospital.
economic development and regulation
The conference agreement deletes the proviso proposed by
the Senate regarding the use of freed-up appropriations.
public safety and justice
Appropriates $762,546,000 including $591,565,000 from
local funds instead of $762,346,000 including $591,365,000 from
local funds as proposed by the House and the Senate. The
increase of $200,000 reflects two Federal payments of $100,000
each appropriated elsewhere in this Act and described below.
Youth safe haven.--The conference agreement provides
$100,000 in Federal funds for a youth safe haven police mini-
station program to be established in coordination with the
Milton S. Eisenhower Foundation. The program creates youth safe
havens in which nonprofit groups work with young people after
school in public housing, other low-income neighborhoods and
middle schools in the District of Columbia.
Tobacco possession by minors.--The conference agreement
provides $100,000 in Federal funds included in section 151 of
the general provisions to the Metropolitan Police Department on
the condition that the District government enacts into law a
ban on the possession of tobacco products by minors as
specified in section 151. The funds are to be used by the
Department to enforce the ban.
Other.--The conference agreement includes a proviso that
caps the number of police officers assigned to the Mayor's
security detail at 15 as proposed by the Senate and deletes the
proviso proposed by the Senate regarding the use of freed-up
appropriations. The conference agreement also deletes the
proviso proposed by the Senate concerning chapter 23 of title
11 of the District of Columbia Code relating to the Office of
the Chief Medical Examiner. That proviso is replaced by section
148 under General Provisions.
public education system
Appropriates $998,918,000 including $824,867,000 from
local funds as proposed by the Senate instead of $995,418,000
including $821,367,000 from local funds as proposed by the
House and deletes the proviso proposed by the Senate regarding
the use of freed-up appropriations.
Public schools.--Allocates $769,943,000 including
$629,309,000 from local funds for public schools as proposed by
the Senate instead of $769,443,000 including $628,809,000 from
local funds as proposed by the House. The increase above the
House allowance includes $250,000 for a program to reduce
school violence and $250,000 for a program to enhance the
reading skills of public school students.
College tuition support.--Allocates $17,000,000 from
Federal funds appropriated earlier in this Act as proposed by
the Senate instead of $14,000,000 from Federal funds
appropriated earlier in this Act as proposed by the House.
Public charter schools.--Inserts language as proposed by
the Senate requiring quarterly reimbursements to be based on
quarterly enrollment reports. The conference agreement includes
language as proposed by the House requiring that the quarterly
payment of October 15, 2000 to the public charter schools be 50
percent of each public charter school's annual entitlement
based on the unaudited October 5 enrollment count. The
conference agreement includes language as proposed by the House
requiring that the balance of unused allocations for public
charter schools be available for public education in accordance
with the School Reform Act of 1995. The conference agreement
deletes language proposed by the House that would have required
the Mayor to convene a task force concerning the School Reform
Act of 1995 for the purpose of instituting a funding mechanism
for the projected growth of charter schools.
Excel Institute Adult Education Program.--Inserts
language as proposed by the House that allows funds allocated
to the Institute to be used for construction and to acquire
services from the General Services Administration on a
reimbursable basis.
Learning support conference.--Deletes the date
requirement for a conference on learning support for children
ages 3 and 4.
Weighted student formula.--Provides that no less than
$436,452,000 is to be expended on local schools through the
Weighted Student Formula as proposed by the Senate instead of
$389,219,000 as proposed by the House.
Federal funds.--Allocates $250,000 in Federal funds
appropriated earlier in this Act for a program to reduce school
violence in the District's public schools as proposed by the
Senate and $250,000 in Federal funds appropriated earlier in
this Act for a program to enhance the reading skills of
District public school students as proposed by the Senate.
Evaluation process.--Inserts language concerning the
evaluation process for public school employees as a proviso as
proposed by the Senate instead of as a general provision
(section 145 of House bill) as proposed by the House.
Fiscal year change.--Inserts language that provides
advance appropriations on July 1, 2001 to public charter
schools and to regular public schools based on the District's
proposed budget for fiscal year 2002 as submitted to Congress
and requires that the advances be charged against the final
amount enacted into law in the fiscal year 2002 District of
Columbia Appropriations Act instead of language proposed by the
House that would have changed the fiscal year. The language
recommended by the conferees will facilitate the operation of
the public charter schools and the regular public schools by
aligning funding with the programmatic school year that begins
July 1, 2001 and ends June 30, 2002.
human support services (including transfer of funds)
Appropriates $1,535,654,000 including $637,347,000 from
local funds instead of $1,532,204,000 including $633,897,000
from local funds as proposed by the House and $1,532,704,000
including $634,397,000 from local funds as proposed by the
Senate and changes the heading to reflect the inclusion of
transfers in this paragraph. The conference agreement deletes
the proviso proposed by the Senate regarding the use of freed-
up appropriations.
Brownfield remediation at Poplar Point.--The conference
agreement reflects an increase of $3,450,000 from Federal funds
previously appropriated in this Act for environmental and
infrastructure costs at Poplar Point as proposed by the Senate.
The conference agreement allocates $2,150,000 for environmental
assessment, site remediation and wetlands restoration of the 11
acres of real property under the jurisdiction of the District
of Columbia and no more than $1,300,000 for infrastructure
costs for an entrance to Anacostia Park as proposed by the
Senate. The conference action also prohibits the use of any of
these funds to purchase private property in the Poplar Point
area as proposed by the Senate. The conferees note that in
addition to the $3,450,000 provided under this heading,
$4,615,000 in Federal funds appropriated for infrastructure
needs in Public Law 105-277 (112 Stat. 2681-552,3) has also
been allocated to the Poplar Point project.
Ready, Willing and Able Program.--The conference
agreement retains the proviso that provides $1,250,000 be paid
to the Doe Fund for the operation of its Ready, Willing, and
Able Program in the District of Columbia as proposed by the
House.
Hamilton Field.--The conference agreement retains the
proviso proposed by the Senate that authorizes the District of
Columbia to enter into a long-term lease of Hamilton Field with
Gonzaga College High School in exchange for Gonzaga introducing
and implementing a youth baseball program focused on 13 to 18
year old residents, summer and fall baseball programs and
baseball clinics.
Public benefit corporation.--The conference agreement
includes a proviso that allows the District to transfer not
more than $90,000,000 from local funds provided under other
accounts in this Act for the purpose of restructuring the
delivery of health services in the District instead of 15
percent of local funds in the appropriation as proposed by the
Senate. The language requires that the restructuring be
pursuant to a restructuring plan approved by the Mayor, the
Council, the Financial Authority, and the Board of Directors of
the Public Benefit Corporation that reduces personnel levels
consistent with the reduction-in-force set forth in the August
25, 2000 resolution of the Board of Directors of the
Corporation which requires reducing personnel by at least 500
full-time equivalent employees without replacement by contract
personnel. The language also requires that no funds be expended
until 10 calendar days after the restructuring plan has
received final approval and a copy has been submitted by the
Mayor to the House and Senate Committees on Appropriations, the
House Committee on Government Reform, and the Senate Committee
on Governmental Affairs. The language agreed to by the
conferees also requires that the plan include a certification
that it does not rely upon any current or future request for
additional appropriation of Federal Funds. Conforming language
is included under the heading ``District of Columbia Health and
Hospitals Public Benefit Corporation''.
Public Works
Deletes the proviso proposed by the Senate regarding the
use of freed-up appropriations and makes editorial changes to
language allocating funds to various programs.
Receivership Programs
Deletes the proviso proposed by the Senate regarding the
use of freed-up appropriations.
Reserve
Modifies language proposed by the Senate that provides
for the replacement of funds expended during fiscal year 2000
from the $150,000,000 Reserve instead of the establishment of a
$150,000,000 Reserve by the Chief Financial Officer as proposed
by the Senate. The modified language also provides that no
funds are to be obligated or expended until the emergency
reserve fund has been fully funded for fiscal year 2001 as
proposed by the Senate. The House language provided for the
replacement of funds expended and prohibited the obligation of
the reserves until certain conditions were met.
Emergency Reserve Fund
Inserts language providing for an emergency reserve fund
from local funds as proposed by the Senate.
Repayment of Loans and Interest
Deletes the proviso proposed by the Senate regarding the
use of freed-up appropriations and inserts a proviso proposed
by the Senate providing that unused reserve funds shall be used
for Pay-As-You-Go Capital Funds.
Presidential Inauguration
Appropriates $5,961,000 from Federal funds appropriated
earlier in this Act as proposed by the House instead of
$6,211,000 from Federal funds appropriated earlier in this Act
as proposed by the Senate.
Tobacco Settlement Trust Fund Transfer Payment
Modifies language proposed by the House and the Senate
making the transfer of not to exceed $61,406,000 to the Tobacco
Settlement Trust Fund subject to the issuance of bonds to pay
the purchase price of the District's right, title and interest
in and to the Master Settlement Agreement, and consistent with
the Tobacco Settlement Financing and Trust Fund Amendment Act
of 2000.
Cafeteria Plan Savings
Deletes the proviso proposed by the Senate regarding the
use of freed-up appropriations.
Enterprise and Other Funds
Water and Sewer Authority and the Washington Aqueduct
The conference agreement provides $140,725,000 for fiscal
year 2001 for the following capital projects: $77,372,000 for
the Blue Plains Wastewater Treatment Plant, zero for the
stormwater program, $21,450,000 for the water program,
$1,182,000 for the sanitary sewer program, zero for the
combined sewer program, $1,699,000 for the capital equipment
program and $39,022,000 for the Water and Sewer Authority's
share of the Washington Aqueduct capital projects. The
conferees agree that the Water and Sewer Authority is expressly
authorized to expend funds between projects authorized in prior
years' budgets within these seven projects provided the
Committees on Appropriations of the House and the Senate are
notified of the details in writing at least 30 days prior to
the obligation of the funds.
The conferees agree that section 140(b) of the House bill
and section 127(b) of the Senate bill (new section 129(b)) also
applies to the Water and Sewer Authority and that the agency
head of the Water and Sewer Authority may abolish positions and
separate the employees encumbering those abolished positions in
accordance with the modified reduction in force procedures and
severance pay authorized in section 129(b). The conferees agree
that while section 129(b) applies to the Water and Sewer
Authority, it does not change the Authority's general exemption
from coverage under the Comprehensive Merit Personnel Act of
1978 (D.C. Code, sec. 1-601.1 et seq.), or the Authority's
independent legal status within the District government.
District of Columbia Health and Hospitals
Public Benefit Corporation
Inserts language that (1) requires a restructuring plan
for D.C. General Hospital to be approved by District officials
prior to increasing the appropriation through reprogramming,
transfers, loans or other mechanisms, (2) requires the
District's Chief Financial Officer to sign an affidavit
certifying that payments made on behalf of the Corporation do
not constitute a violation of any provision of subchapter III
of chapter 13 of title 31, United States Code, or of this Act,
(3) clarifies what may be covered by an affidavit, and (4)
makes it unlawful to order a person to sign any affidavit or to
provide a signature on an affidavit by proxy, machine, computer
or facsimile device. The conference action does not prohibit
reimbursement to the Corporation for services provided to other
District government agencies and grants that in prior years
were not included in the amounts appropriated from other funds.
District of Columbia Retirement Board
The conference agreement retains the proviso that
requires the Retirement Board to provide quarterly reports of
the allocations of charges by fund and expenditures of all
funds.
Summary Table of Conference Recommendations by Agency and FY 2001
Financial Plan
A summary table showing the Federal appropriations by
account and the allocation of District funds by agency or
office under each appropriation heading for fiscal year 2000,
the fiscal year 2001 request, the House and Senate
recommendations, and the conference allowance, and the fiscal
year 2001 Financial Plan which is the starting point for the
independent auditor's comparison with actual year-end results
as required by section 132 of the Act follow:
General Provisions
In addition to the explanations that follow, the
conference agreement changes several section numbers for
sequencing purposes and makes technical revisions in certain
citations. Unless noted otherwise, the conference agreement
refers to H.R. 4942 as passed by the House.
The conference agreement deletes section 101 of the House
bill as proposed by the Senate concerning the availability of
consulting service contracts for public inspection.
The conference agreement deletes section 102 of the House
bill as proposed by the Senate concerning vouchers covering
expenditures of appropriations being audited before payments.
The conference agreement deletes section 104 of the House
bill as proposed by the Senate concerning allowances for
privately owned automobiles and motorcycles used for the
performance of official duties.
The conference agreement retains section 107 of the House
bill (new section 104) requiring the Mayor to maintain an index
of all employment personal services and consulting contracts
with specific information on any severance clause.
The conference agreement retains section 108 of the House
bill (new section 105) prohibiting any appropriation from
remaining available for obligation beyond the current fiscal
year unless expressly so provided.
The conference agreement deletes section 114 of the House
bill as proposed by the Senate that would have prohibited the
Mayor from borrowing any funds for capital projects unless the
Council had approved the borrowing by resolution.
The conference agreement deletes section 115 of the House
bill as proposed by the Senate that would have prohibited the
Mayor from using moneys borrowed for capital projects for
operating expenses.
The conference agreement modifies section 116 of the
House bill and section 109 of the Senate bill (new section 111)
concerning reprogramming guidelines. The modification allows
inter-appropriation transfers of not-to-exceed 2 percent
provided the Committees on Appropriations of the Senate and the
House are notified in writing 30 days in advance as proposed by
the Senate.
The conference agreement deletes section 117 of the House
bill as proposed by the Senate that would have prohibited the
use of Federal funds to provide a personal cook, chauffeur, or
other personal servants to any officer or employee of the
District of Columbia government.
The conference agreement retains section 110 of the
Senate bill (new section 112) stating that consistent with the
provisions of 31 U.S.C. 1301(a), appropriations under this Act
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
The conference agreement deletes section 118 of the House
bill as proposed by the Senate that would have prohibited the
use of Federal funds to procure passenger automobiles as
defined in the Automobile Fuel Efficiency Act of 1980 with an
Environmental Protection Agency estimated miles per gallon
average of less than 22 miles per gallon.
The conference agreement deletes section 119 of the
Senate bill concerning the use of previously appropriated funds
for accounting and financial management services as determined
by the District of Columbia Financial Responsibility and
Management Assistance Authority.
The conference agreement amends section 120 of the Senate
bill (new section 122) increasing the amount that can be paid
to attorneys representing special education students.
The conference agreement amends section 124 of the House
bill and section 116 of the Senate bill (new section 118) to
allow the District of Columbia Courts to accept gifts to carry
out authorized functions or duties without prior approval by
the Mayor.
The conference agreement deletes sections 126, 132, 133,
and 134 of the House bill and incorporates those four sections
into section 118 of the Senate bill (new section 121). These
sections relate to reporting requirements for the District of
Columbia Public Schools and the University of the District of
Columbia.
The conference agreement retains section 127 of the House
bill and section 141 of the Senate bill (new section 153)
concerning the Federal Grant and Cooperative Agreements Act of
1977 as it relates to the District of Columbia.
The conference agreement retains section 118 of the
Senate bill (new section 121) which incorporates sections 126,
132, 133, and 134 of the House bill concerning reporting
requirements for the District of Columbia Public Schools and
the University of the District of Columbia.
The conference agreement retains section 127(b) of the
Senate bill instead of section 140(b) of the House bill (new
section 129(b)) concerning the modification of reduction in
force procedures. The Senate version makes the modifications
permanent law.
The conference agreement deletes section 128 of the House
bill as proposed by the Senate that would have established
conditions for granting preference to public charter schools in
the use of surplus school properties.
The conference agreement retains section 129 of the House
bill (new section 120) concerning the modification of
contracting requirements for public charter schools in the
District.
The conference agreement deletes section 138 of the House
bill as proposed by the Senate concerning the classification of
employees of the District of Columbia public schools.
The conference agreement replaces section 140(b) of the
House bill with section 127(b) of the Senate bill (new section
129(b)) relating to the modification of reduction in force
procedures. The Senate version makes the modifications
permanent law.
The conference agreement retains section 140(c) of the
House bill (new subsection 129(c)) that requires a prior
analysis with certain exceptions for the procurement of goods
and services in excess of $2,500.
The conference agreement deletes Section 144 of the House
bill as proposed by the Senate concerning reorganization plans.
The conference agreement deletes section 145 of the House
bill as proposed by the Senate relating to the evaluation
process for District of Columbia Public School employees. This
section has been included as a proviso under the Public
Education System appropriation heading.
The conference agreement retains section 132 of the
Senate bill (new section 136) which requires the Chief
Financial Officer to submit a revised appropriated funds
operating budget no later than November 1, 2000 or within 30
calendar days after the date of the enactment of this Act.
The conference agreement retains Section 147 of the House
bill (new section 134) concerning the transfer or confinement
of inmates classified above the medium security level to the
Northeast Ohio Correctional Center located in Youngstown, Ohio.
The conference agreement deletes section 148 of the House
bill as proposed by the Senate concerning the District's
reserve fund.
The conference agreement retains section 149 of the House
bill (new section 135) relating to the audit of the District of
Columbia Highway Trust Fund by the Inspector General of the
District of Columbia.
The conference agreement retains section 133(b) of the
Senate bill (new section 137(b)) that requires a separate
accounting by individuals or entities who receive any funds in
this Act and carry out a needle exchange program for the
hypodermic injection of any illegal drug.
The conference agreement amends section 153 of the House
bill and section 136 of the Senate bill (new section 140)
concerning certifications by chief financial officers that they
understand the duties, including reporting requirements, and
restrictions applicable to them and their agency as a result of
this Act. The language requires the certification within 60
days as proposed by the Senate instead of within 30 days as
proposed by the House and deletes the civil money penalty for
violations as proposed by the Senate.
The conference agreement replaces section 154 of the
House bill with section 144 of the Senate bill (new section
156) relating to overtime compensation for District government
employees for time worked in excess of 40 hours per week.
The conference agreement retains section 158 of the House
bill (new section 144) which authorizes the Mayor to allocate
the District's limitation amount of qualified zone academy
bonds among qualified zone academies within the District.
The conference agreement retains section 159 of the House
bill (new section 145) which amends Section 11232 of the
Balanced Budget Act of 1997 concerning Federal benefits for
employees of the Corrections Trustee, Adult Probation, Office
of Parole, and Pretrial Services Agency.
The conference agreement deletes section 160 of the House
bill as proposed by the Senate that expressed the sense of the
Congress that patients of St. Elizabeths Hospital and taxpayers
of the District of Columbia are being poorly served by the
current facilities and management of the Hospital. Language
under Governmental Direction and Support requires the Chief
Financial Officer to submit a study to the House and Senate
Committees on Appropriations on the merits and potential
savings of privatizing the operation and administration of the
Hospital.
The conference agreement retains section 161 of the House
bill (new section 146) expressing the sense of the Congress
that the District of Columbia Financial Responsibility and
Management Assistance Authority should quickly complete the
sale of the Franklin School property.
The conference agreement deletes section 162 of the House
bill as proposed by the Senate that related to the fiduciary
duty of District officials. The conferees are concerned that
many District officials are treating incidences of
mismanagement in their operations and finances as the norm.
This attitude is unacceptable. Although the conferees are
deleting section 162 from the bill, the conferees continue to
be concerned and urge officials of the District of Columbia
government (including officials of the District of Columbia
Financial Responsibility and Management Assistance Authority,
independent agencies, boards, commissions, and corporations of
the government) to take all steps necessary to maintain a
fiduciary duty to the taxpayers of the District in the
administration of funds under their control.
The conference agreement modifies and transfers section
163 of the House bill to the appropriation ``District of
Columbia Health and Hospitals Public Benefit Corporation'' as a
proviso that requires a restructuring plan for D.C. General
Hospital to be approved by District officials prior to
increasing the appropriation through reprogrammings, transfers,
loans or other mechanisms.
The conference agreement modifies and transfers the three
subsections of section 164 of the House bill to the
appropriation ``District of Columbia Health and Hospitals
Public Benefit Corporation'' as provisos that (1) require a
certification by the Chief Financial Officer, (2) clarify what
may be covered by an affidavit, and (3) make certain actions
unlawful regarding the signing of any affidavit.
The conference agreement deletes section 165 of the House
bill as proposed by the Senate that would have prohibited the
District of Columbia Health and Hospital Public Benefit
Corporation from obligating or expending any amounts during
fiscal year 2001 unless the Corporation certified that the
obligation or expenditure was within the budget authority
provided to the Corporation in this Act.
The conference agreement retains section 167 of the House
bill (new section 147) that provides that nothing in this Act
may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of contraceptive
coverage by health insurance plans, but expressing the intent
of Congress that any legislation enacted should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
The conference agreement retains section 168 of the House
bill (new section 148) which repeals chapter 23 of title 11, of
the D. C. Code and provides that this section shall take effect
on the date on which legislation enacted by the Council of the
District of Columbia to establish the Office of the Chief
Medical Examiner in the executive branch of the government of
the District of Columbia takes effect.
The conference agreement retains section 169 of the House
bill (new section 149) concerning the prompt payment of
appointed counsel.
The conference agreement revises section 170 of the House
bill (new section 150) concerning the distribution of any
needle or syringe for the hypodermic injection of any illegal
drug in any area of the District of Columbia which is within
1000 feet of a public or private elementary or secondary school
(including a public charter school) other than the locations
cited in this Act and requires monthly reports on activity
involving illegal drugs at or near any public housing site
where a needle exchange program is conducted. The language also
requires the Public Housing Police to submit monthly reports on
illegal drug activity at or near any public housing site where
a needle exchange program is conducted to the Executive
Director of the D.C. Housing Authority and to the Committees on
Appropriations of the House and the Senate. The monthly reports
are to be submitted by the 15th calendar day of the following
month. The conference agreement requires the Executive Director
to ascertain any concerns of the residents of the public
housing site about the needle exchange programs on or near
their sites and requires the District government to take
appropriate action to require relocation of the program if
recommended by the housing police or by a significant number of
residents of the site.
The conference agreement modifies section 171 of the
House bill (new section 151) by appropriating $100,000 to the
Metropolitan Police Department on the condition that the
District government enacts into law a ban on the possession of
tobacco products by minors as specified in this section. The
funds are to be used by the Department to enforce the ban.
The conference agreement retains section 166 of the House
bill and section 140 of the Senate bill (new section 152) that
allows the D.C. Corporation Counsel to review and comment on
briefs in private lawsuits and to consult with officials of the
District government regarding such lawsuits.
The conference agreement retains section 142 of the
Senate bill (new section 154) which amends section 450 of the
Home Rule Act concerning a ``Comprehensive Financial Management
Policy'' for the District of Columbia.
The conference agreement retains section 143 of the
Senate bill (new section 155) which amends section 424(b) of
the Home Rule Act concerning the appointment and duties of the
Chief Financial Officer.
The conference agreement retains section 144 of the
Senate bill and section 154 of the House bill (new section 156)
concerning overtime work for employees of the District of
Columbia government.
The conference agreement retains section 145 of the
Senate bill (new section 157) which allows the Court Services
and Offender Supervision Agency for the District of Columbia to
continue to operate its ongoing drug-free workplace testing
program during the period that its plan is being reviewed for
approval by the Department of Health and Human Services.
The conference agreement retains section 146 of the
Senate bill (new section 158) which requires the Mayor to
continue to submit quarterly reports on crime; access to drug
abuse treatment, management of parolees and pre-trial violent
offenders; education, including access to special education
services and student achievement; improvements in basic
District services; the application for and management of
Federal grants; and indicators of child well-being.
The conference agreement retains section 147 of the
Senate bill (new section 159) establishing reserve funds
(emergency reserve fund and contingency reserve fund). The
conference agreement includes the Senate bill's provision
establishing both an emergency and contingency reserve fund in
the District's budget. The provision requires the emergency
reserve to be established first, through a deposit each year of
one percent of the District's local funds for four years. The
conferees believe that a four percent emergency reserve fund,
that can only be tapped in extraordinary circumstances and that
is maintained in a separate account, will increase the fiscal
stability of the city and indicate to the financial markets
that the District has a healthy financial cushion that is
walled off from the rest of the general budget. The conferees
believe that holding these reserves can and will eventually
reduce the borrowing costs of the District.
The conference agreement inserts a new section 160 that
authorizes the District government to delegate its bonding
authority to the District of Columbia Tobacco Settlement
Financing Corporation. The Corporation will use the proceeds
from the bond sale to repay outstanding debt, with expected
savings to the District of $61,400,000 in debt service for
fiscal year 2001. These savings are included in the District's
budget for fiscal year 2001. The conferees believe that the
proceeds of the tobacco securitization will be used solely to
reduce the District's debt or to fund the emergency reserve
fund. The conferees also expect that an amount equal to 50
percent of the interest savings secured by the tobacco
securitization proceeds will be transferred to the emergency
reserve fund established in this Act.
The conference agreement inserts a new section 161 that
revises section 603(e)(2)(B) of the Student Loan Marketing
Association Reorganization Act of 1996 to require that half of
the public charter school credit enhancement fund created by
that legislation be granted expeditiously by the Mayor to one
or more qualified non-profit corporations to demonstrate
innovative methods of providing credit enhancement assistance
to public charter schools. The remaining half of the funds are
to be administered by a five-person committee that may either
provide those funds directly to charter schools or provide them
to non-profit entities to promote innovative credit enhancement
initiatives. Activities by recipient entities to enhance the
availability of loans to charter schools may include, but are
not limited to, guaranteeing, insuring or providing security
(including by pledging collateral or taking title to real
property) for loans; providing down payment assistance,
subsidizing installment payments or otherwise directly
facilitating loans; facilitating a secondary market for loans;
and helping to identify potential lending sources, encouraging
private lending and other similar activities to promote lending
to charter schools. Activities by recipient entities to enhance
the availability of bond financing for charter schools may
include, but are not limited to, providing technical and other
administrative assistance; and providing financial or other
assistance necessary to improve the rating or proposed
repayment terms of a bond issue, to induce the participation of
underwriters, or to otherwise enhance the commercial
feasibility of a proposed transaction (including by providing
for all or a portion of installment payments on the bond in the
event of borrower default or, in the case of a bond issue with
a floating rate, a marked increase in the applicable rate, the
pledging of reserves or other collateral, or by taking title to
property or other interests). The conferees request that
quarterly reports be submitted by the 15th calendar day of the
month following the end of each quarter to the House and Senate
Committees on Appropriations, the House Committee on Government
Reform, and the Senate Committee on Governmental Affairs. Each
report is to include, but not be limited to, the amount
expended by payee for the quarter and cumulative, the services
received for those funds, the amount of loans generated (gross
and net) showing specific bond counsel and all other fees
itemized with the names of those receiving the funds, the names
of the lenders, the names of the charter schools receiving the
proceeds, a description of the purpose for which each charter
school will use the proceeds and a detailed status report with
cost information on the progress each charter school is making
to accomplish the purpose for which it received the proceeds.
These reports are to continue until the purpose for which the
proceeds were obtained has been accomplished.
The conference agreement inserts a new section 162 which
gives the Mayor the exclusive authority to approve and execute
leases of the Washington Marina and the Washington municipal
fish wharf with the existing lessees for an initial term of 30
years, together with such other terms and conditions, including
renewal options, as the Mayor deems appropriate.
The conference agreement inserts a new section 163 which
transfers two sites, designated for educational use, to Fairfax
County, Virginia immediately upon completion of the necessary
remediation by the General Services Administration.
The conference agreement inserts a new section 164 that
waives restrictions and allows the District's Inspector General
to enter into a contract for the independent audit of the
District's financial statements with an auditor who was a
subcontractor to the independent auditor who audited the
District's financial statements for the preceding fiscal year.
The conference agreement inserts a new section 165 that
provides an alternative mechanism to exchange property as
envisioned in the Lorton Technical Corrections Act of 1998.
Under the 1998 legislation, the Interior Department was
authorized to hold a portion of the 3,000 acre surplus Federal
property in Lorton, Virginia and exchange it for Meadowood Farm
on Mason Neck, Virginia. The Interior Department, however,
encountered difficulties dealing directly with the owners of
the Meadowood property. Fairfax County has volunteered to serve
as an intermediary acquiring Meadowood in exchange for the
Lorton parcel held by the Interior Department. Fairfax County
believes it can deal more effectively with the owners of
Meadowood. In return, the county believes that if it acquires
the Interior Department's holding at Lorton it can make the
necessary site improvements to generate a higher sales price.
The language provides assurances that Fairfax County will be
reimbursed for all costs involved in the acquisition of both
the Meadowood property and the Lorton property. Any excess
profits from the sale of the Lorton property would be returned
to the General Services Administration. Any losses incurred by
Fairfax County would be borne by the county alone.
The conference agreement inserts a new section 166
amending section 158(b) of the District of Columbia
Appropriations Act, 2000 (Public Law 106-113, approved November
29, 1999; 113 Stat. 1527) to direct the Federal Highway
Administration to conduct and perform the 14th Street bridge
work identified in section 158. This work relates to a project
to complete design requirements for compliance with the
National Environmental Policy Act for the construction of
expanded lane capacity for the 14th Street Bridge.
conference total--with comparisons
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follows:
[In thousands of dollars]
Federal Funds:
New budget (obligational) authority, fiscal year
2000.............................................. $436,800
Budget estimates of new (obligational) authority,
fiscal year 2001.................................. 445,425
House bill, fiscal year 2001........................ 414,000
Senate bill, fiscal year 2001....................... 448,355
Conference agreement, fiscal year 2001.............. 444,975
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2000.......................................... +8,175
Budget estimates of new (obligational)
authority, fiscal year 2001................... -450
House bill, fiscal year 2001.................... +30,975
Senate bill, fiscal year 2001................... -3,380
District of Columbia Funds:
New budget (obligational) authority, fiscal year
2000.............................................. 6,778,433
Budget estimates of new (obligational) authority,
fiscal year 2001.................................. 6,691,932
House bill, fiscal year 2001........................ 6,659,171
Senate bill, fiscal year 2001....................... 6,666,531
Conference agreement, fiscal year 2001.............. 6,667,571
Conference agreement, compared with:
New budget (obligational) authority, fiscal year
2000.......................................... -110,862
Budget estimates of new (obligational)
authority, fiscal year 2001................... -24,361
House bill, fiscal year 2001.................... +8,400
Senate bill, fiscal year 2001................... +1,040
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS
The conference agreement would enact the provisions of
H.R. 5548 as introduced on October 25, 2000. The text of that
bill follows:
A BILL Making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary, and related agencies for the fiscal year
ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2001, 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, $88,713,000, 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 2000: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,811,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That
the latter two aforementioned offices may utilize non-
reimbursable details of career employees within the caps
described in the aforementioned proviso: Provided further, That
the Attorney General is authorized to transfer, under such
terms and conditions as the Attorney General shall specify,
forfeited real or personal property of limited or marginal
value, as such value is determined by guidelines established by
the Attorney General, to a State or local government agency, or
its designated contractor or transferee, for use to support
drug abuse treatment, drug and crime prevention and education,
housing, job skills, and other community-based public health
and safety programs: Provided further, That any transfer under
the preceding proviso shall not create or confer any private
right of action in any person against the United States, and
shall be treated as a reprogramming under section 605 of this
Act.
joint automated booking system
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $15,915,000, to remain
available until expended.
narrowband communications
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Radio legacy systems, $205,000,000, to remain available until
expended.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $5,000,000, to remain available until expended, to
reimburse any Department of Justice organization for: (1) the
costs incurred in reestablishing the operational capability of
an office or facility which has been damaged or destroyed as a
result of any domestic or international terrorist incident; and
(2) the costs of providing support to counter, investigate or
prosecute domestic or international terrorism, including
payment of rewards in connection with these activities:
Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of
acts of terrorism that violate the laws of the United States:
Provided further, That funds provided under this paragraph
shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
telecommunications carrier compliance fund
For payments authorized by section 109 of the
Communications Assistance for Law Enforcement Act (47 U.S.C.
1008), $201,420,000, to remain available until expended.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$161,062,000.
detention trustee
For necessary expenses to establish a Federal Detention
Trustee who shall exercise all power and functions authorized
by law relating to the detention of Federal prisoners in non-
Federal institutions or otherwise in the custody of the United
States Marshals Service; and the detention of aliens in the
custody of the Immigration and Naturalization Service,
$1,000,000: Provided, That the Trustee shall be responsible for
construction of detention facilities or for housing related to
such detention; the management of funds appropriated to the
Department for the exercise of any detention functions; and the
direction of the United States Marshals Service and Immigration
and Naturalization Service with respect to the exercise of
detention policy setting and operations for the Department.
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, $41,575,000; including not to exceed $10,000
to meet unforeseen emergencies of a confidential character, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and for
the acquisition, lease, maintenance, and operation of motor
vehicles, without regard to the general purchase price
limitation for the current fiscal year.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $8,855,000.
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, $535,771,000; 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, $18,877,000 shall remain available until
expended only for office automation systems for the legal
divisions covered by this appropriation, and for the United
States Attorneys, the Antitrust Division, the United States
Trustee Program, the Executive Office for Immigration Review,
the Community Relations Service, 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, 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, $95,838,000: Provided, That, notwithstanding
section 3302(b) of title 31, United States Code, not to exceed
$95,838,000 of offsetting collections derived from fees
collected in fiscal year 2001 for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18a) shall be retained and used for
necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2001, so
as to result in a final fiscal year 2001 appropriation from the
general fund estimated at not more than $0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,250,382,000; of which not to exceed $2,500,000
shall be available until September 30, 2002, for: (1) training
personnel in debt collection; (2) locating debtors and their
property; (3) paying the net costs of selling property; and (4)
tracking debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of
those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That not to exceed $2,500,000 for the operation of the
National Advocacy Center shall remain available until expended:
Provided further, That the fourth proviso under the heading
``Salaries and Expenses, United States Attorneys'' in title I
of H.R. 3421 of the 106th Congress, as enacted by section
1000(a)(1) of Public Law 106-113 shall apply to amounts made
available under this heading for fiscal year 2001: Provided
further, That, in addition to reimbursable full-time equivalent
workyears available to the Offices of the United States
Attorneys, not to exceed 9,439 positions and 9,557 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $125,997,000, 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, $125,997,000 of
offsetting collections 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 2001, so
as to result in a final fiscal year 2001 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, $1,107,000.
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,
$572,695,000; 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, in addition to reimbursable full-time
equivalent workyears available to the United States Marshals
Service, not to exceed 3,947 positions and 3,895 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals
Service.
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, $18,128,000, to remain
available until expended.
justice prisoner and alien transportation system fund, united states
marshals service
Beginning in fiscal year 2000 and thereafter, payment shall
be made from the Justice Prisoner and Alien Transportation
System Fund for necessary expenses related to the scheduling
and transportation of United States prisoners and illegal and
criminal aliens in the custody of the United States Marshals
Service, as authorized in 18 U.S.C. 4013, including, without
limitation, salaries and expenses, operations, and the
acquisition, lease, and maintenance of aircraft and support
facilities: Provided, That the Fund shall be reimbursed or
credited with advance payments from amounts available to the
Department of Justice, other Federal agencies, and other
sources at rates that will recover the expenses of Fund
operations, including, without limitation, accrual of annual
leave and depreciation of plant and equipment of the Fund:
Provided further, That proceeds from the disposal of Fund
aircraft shall be credited to the Fund: Provided further, That
amounts in the Fund shall be available without fiscal year
limitation, and may be used for operating equipment lease
agreements that do not exceed 10 years.
In addition, $13,500,000, to remain available until
expended, shall be available only for the purchase of two
Sabreliner-class aircraft.
federal prisoner detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service, but not
including expenses otherwise provided for in appropriations
available to the Attorney General, $597,402,000, to remain
available until expended: Provided, That hereafter amounts
appropriated for Federal Prisoner Detention shall be available
to reimburse the Federal Bureau of Prisons for salaries and
expenses of transporting, guarding and providing medical care
outside of Federal penal and correctional institutions to
prisoners awaiting trial or sentencing.
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, $125,573,000, 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; 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; and of which not to exceed $5,000,000
may be made available for the purchase, installation, and
maintenance of secure telecommunications equipment and a secure
automated information network to store and retrieve the
identities and locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$8,475,000 and, in addition, up to $1,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account: Provided,
That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community Relations
Service, the Attorney General may transfer such amounts to the
Community Relations Service, from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(F), and (G), as amended, $23,000,000, to be derived from the
Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund of claims covered by the Radiation Exposure Compensation
Act as in effect on June 1, 2000, $10,800,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime drug
trafficking not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in organized crime drug trafficking,
$325,898,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated balances
remaining available at the end of the fiscal year shall revert
to the Attorney General for reallocation among participating
organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 1,236 passenger motor
vehicles, of which 1,142 will be for replacement only, without
regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition,
lease, maintenance, and operation of aircraft; and not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General, $3,235,600,000; 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, 2002; of which not less than $437,650,000 shall be for
counterterrorism investigations, foreign counterintelligence,
and other activities related to our national security; of which
not to exceed $10,000,000 is authorized to be made available
for making advances for expenses arising out of contractual or
reimbursable agreements with State and local law enforcement
agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug
investigations: Provided, That not to exceed $45,000 shall be
available for official reception and representation expenses:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Federal Bureau of
Investigation, not to exceed 25,569 positions and 25,142 full-
time equivalent workyears shall be supported from the funds
appropriated in this 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.
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; $16,687,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs; purchase of not to exceed 1,358
passenger motor vehicles, of which 1,079 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of aircraft,
$1,363,309,000; 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, 2002; of which not to exceed $50,000 shall be
available for official reception and representation expenses:
Provided, That, in addition to reimbursable full-time
equivalent workyears available to the Drug Enforcement
Administration, not to exceed 7,520 positions and 7,412 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement
Administration.
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and
enforcement of the laws relating to immigration,
naturalization, and alien registration, as follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program,
the detention and deportation program, the intelligence
program, the investigations program, and the inspections
program, including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police-type
use (not to exceed 3,165 passenger motor vehicles, of which
2,211 are for replacement only), without regard to the general
purchase price limitation for the current fiscal year, and hire
of passenger motor vehicles; acquisition, lease, maintenance
and operation of aircraft; research related to immigration
enforcement; for protecting and maintaining the integrity of
the borders of the United States including, without limitation,
equipping, maintaining, and making improvements to the
infrastructure; and for the care and housing of Federal
detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention
Facility, $2,547,057,000; of which not to exceed $10,000,000
shall be available for costs associated with the training
program for basic officer training, and $5,000,000 is for
payments or advances arising out of contractual or reimbursable
agreements with State and local law enforcement agencies while
engaged in cooperative activities related to immigration; of
which not to exceed $5,000,000 is to fund or reimburse other
Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled illegal aliens:
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 $30,000 during
the calendar year beginning January 1, 2001: Provided further,
That uniforms may be purchased without regard to the general
purchase price limitation for the current fiscal year: Provided
further, That, in addition to reimbursable full-time equivalent
workyears available to the Immigration and Naturalization
Service, not to exceed 19,783 positions and 19,191 full-time
equivalent workyears shall be supported from the funds
appropriated under this heading in this Act for the Immigration
and Naturalization Service: Provided further, That none of the
funds provided in this or any other Act shall be used for the
continued operation of the San Clemente and Temecula
checkpoints unless the checkpoints are open and traffic is
being checked on a continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization
Service not included under the heading ``Enforcement and Border
Affairs'', $578,819,000, of which not to exceed $400,000 for
research shall remain available until expended: Provided, That
not to exceed $5,000 shall be available for official reception
and representation expenses: Provided further, That the
Attorney General may transfer any funds appropriated under this
heading and the heading ``Enforcement and Border Affairs''
between said appropriations notwithstanding any percentage
transfer limitations imposed under this appropriation Act and
may direct such fees as are collected by the Immigration and
Naturalization Service to the activities funded under this
heading and the heading ``Enforcement and Border Affairs'' for
performance of the functions for which the fees legally may be
expended: Provided further, That not to exceed 40 permanent
positions and 40 full-time equivalent workyears and $4,300,000
shall be expended for the Offices of Legislative Affairs and
Public Affairs: Provided further, That the latter two
aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a
reimbursable or non-reimbursable basis, or any other type of
formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis: Provided
further, That the number of positions filled through non-career
appointment at the Immigration and Naturalization Service, for
which funding is provided in this Act or is otherwise made
available to the Immigration and Naturalization Service, shall
not exceed four permanent positions and four full-time
equivalent workyears: Provided further, That none of the funds
available to the Immigration and Naturalization Service shall
be used to pay any employee overtime pay in an amount in excess
of $30,000 during the calendar year beginning January 1, 2001:
Provided further, That funds may be used, without limitation,
for equipping, maintaining, and making improvements to the
infrastructure and the purchase of vehicles for police-type use
within the limits of the Enforcement and Border Affairs
appropriation: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the
Immigration and Naturalization Service, not to exceed 3,100
positions and 3,150 full-time equivalent workyears shall be
supported from the funds appropriated under this heading in
this Act for the Immigration and Naturalization Service:
Provided further, That, notwithstanding any other provision of
law, during fiscal year 2001, the Attorney General is
authorized and directed to impose disciplinary action,
including termination of employment, pursuant to policies and
procedures applicable to employees of the Federal Bureau of
Investigation, for any employee of the Immigration and
Naturalization Service who violates policies and procedures set
forth by the Department of Justice relative to the granting of
citizenship or who willfully deceives the Congress or
department leadership on any matter.
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, $133,302,000, to remain available until
expended: Provided, That no funds shall be available for the
site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 707, of which 600 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, $3,476,889,000: 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 FPS, furnish
health services to individuals committed to the custody of FPS:
Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $90,000,000 shall remain available
for necessary operations until September 30, 2002: 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 the Director of the Federal Prison System may
accept donated property and services relating to the operation
of the prison card program from a not-for-profit entity which
has operated such program in the past notwithstanding the fact
that such not-for-profit entity furnishes services under
contracts to the Federal Prison System relating to the
operation of pre-release services, halfway houses or other
custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; 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, $835,660,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation: Provided further, That not to exceed 10 percent
of the funds appropriated to ``Buildings and Facilities'' in
this or any other Act may be transferred to ``Salaries and
Expenses'', Federal Prison System, upon notification by the
Attorney General to the Committees on Appropriations of the
House of Representatives and the Senate in compliance with
provisions set forth in section 605 of this Act.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase of (not to exceed five for
replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which the said accounting system requires to
be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968 Act''),
and the Missing Children's Assistance Act, as amended,
including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended,
$197,239,000, to remain available until expended, as authorized
by section 1001 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by Public Law 102-534 (106
Stat. 3524).
In addition, for grants, cooperative agreements, and other
assistance authorized by sections 821 and 822 of the
Antiterrorism and Effective Death Penalty Act of 1996 and for
other counterterrorism programs, $220,980,000, to remain
available until expended.
state and local law enforcement assistance
For assistance authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); 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''),
$2,848,929,000 (including amounts for administrative costs,
which shall be transferred to and merged with the ``Justice
Assistance'' account), to remain available until expended as
follows:
(1) $523,000,000 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, Guam shall be considered a
``State'', 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, of which:
(a) $60,000,000 shall be for Boys and Girls
Clubs in public housing facilities and other
areas in cooperation with State and local law
enforcement: Provided, That funds may also be
used to defray the costs of indemnification
insurance for law enforcement officers, and
(b) $20,000,000 shall be available to carry
out section 102(2) of H.R. 728;
(2) $400,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act, as amended;
(3) $686,500,000 for Violent Offender Incarceration
and Truth in Sentencing Incentive Grants pursuant to
subtitle A of title II of the 1994 Act, of which:
(a) $165,000,000 shall be available for
payments to States for incarceration of
criminal aliens,
(b) $35,000,000 shall be available for the
Cooperative Agreement Program,
(c) $34,000,000 shall be reserved by the
Attorney General for fiscal year 2001 under
section 20109(a) of subtitle A of title II of
the 1994 Act, and
(d) $2,000,000 shall be for the review of
State environmental impact statements;
(4) $8,000,000 for the Tribal Courts Initiative;
(5) $569,050,000 for programs authorized by part E
of title I of the 1968 Act, notwithstanding the
provisions of section 511 of said Act, of which
$69,050,000 shall be for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs;
(6) $11,500,000 for the Court Appointed Special
Advocate Program, as authorized by section 218 of the
1990 Act;
(7) $2,000,000 for Child Abuse Training Programs
for Judicial Personnel and Practitioners, as authorized
by section 224 of the 1990 Act;
(8) $210,179,000 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, of which:
(a) $31,625,000 shall be used exclusively
for the purpose of strengthening civil legal
assistance programs for victims of domestic
violence,
(b) $5,200,000 shall be for the National
Institute of Justice for research and
evaluation of violence against women,
(c) $10,000,000 shall be for 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, and
(d) $11,000,000 shall be used exclusively
for violence on college campuses;
(9) $34,000,000 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;
(10) $25,000,000 for Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants, as
authorized by section 40295 of the 1994 Act;
(11) $5,000,000 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;
(12) $1,000,000 for grants for televised testimony,
as authorized by section 1001(a)(7) of the 1968 Act;
(13) $63,000,000 for grants for residential
substance abuse treatment for State prisoners, as
authorized by section 1001(a)(17) of the 1968 Act;
(14) $5,000,000 for demonstration grants on alcohol
and crime in Indian Country;
(15) $900,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section
240001(c) of the 1994 Act;
(16) $50,000,000 for Drug Courts, as authorized by
title V of the 1994 Act;
(17) $1,500,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the
1968 Act;
(18) $2,000,000 for public awareness programs
addressing marketing scams aimed at senior citizens, as
authorized by section 250005(3) of the 1994 Act;
(19) $250,000,000 for Juvenile Accountability
Incentive Block Grants (of which $500,000 shall be used
to construct a treatment and security facility for mid-
risk youth in Southwest Colorado) 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 2001, and Guam shall be considered a
``State'' for the purposes of title III of H.R. 3, as
passed by the House of Representatives on May 8, 1997;
and
(20) $1,300,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the
1994 Act:
Provided further, That funds made available in fiscal year 2001
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: Provided further, That
balances for these programs may be transferred from the Violent
Crime Reduction Programs, State and Local Law Enforcement
Assistance account to this account.
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, $34,000,000, to
remain available until expended, for inter-governmental
agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies, non-
profit organizations, and agencies of local government, engaged
in the investigation and prosecution of violent crimes and drug
offenses in ``Weed and Seed'' designated communities, and for
either reimbursements or transfers to appropriation accounts of
the Department of Justice and other Federal agencies which
shall be specified by the Attorney General to execute the
``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department of
Justice appropriation accounts for ``Weed and Seed'' program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the use
of other Department of Justice funds and personnel in support
of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section
605 of this Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,032,325,000, to
remain available until expended; of which $130,000,000 shall be
available to the Office of Justice Programs to carry out
section 102 of the Crime Identification Technology Act of 1998
(42 U.S.C. 14601), of which $35,000,000 is for grants to
upgrade criminal records, as authorized by section 106(b) of
the Brady Handgun Violence Prevention Act of 1993, as amended,
and section 4(b) of the National Child Protection Act of 1993,
of which $17,500,000 is for the National Institute of Justice
to develop school safety technologies, and of which $30,000,000
shall be for State and local DNA laboratories as authorized by
section 1001(a)(22) of the 1968 Act, as well as for
improvements to the State and local forensic laboratory general
forensic science capabilities to reduce States' DNA convicted
offender sample backlog and for awards to State, local, and
private laboratories; of which $566,825,000 is for Public
Safety and Community Policing Grants pursuant to title I of the
1994 Act, of which $180,000,000 shall be available for school
resource officers, of which $35,000,000 shall be used to
improve tribal law enforcement including equipment and
training, of which $25,500,000 shall be used for the Matching
Grant Program for Law Enforcement Armor Vests pursuant to
section 2501 of part Y of the Omnibus Crime Control and Safe
Streets Act of 1968 (``the 1968 Act''), as amended, of which
$29,500,000 shall be used for Police Corps education, training,
and service as set forth in sections 200101-200113 of the 1994
Act, and of which $15,000,000 shall be used to combat violence
in schools; of which $140,000,000 shall be used for a law
enforcement technology program; of which $48,500,000 shall be
used for policing initiatives to combat methamphetamine
production and trafficking and to enhance policing initiatives
in drug ``hot spots''; of which $75,000,000 shall be for grants
to States and units of local government for a Community
Prosecution Program in areas of high gun-related violent crime
to address gun-related violence and violations of gun statutes
in cases involving drug-trafficking or gang-related crime; of
which $25,000,000 shall be used for the Community Prosecutors
program; of which $17,000,000 shall be for a police integrity
program; and of which $30,000,000 shall be for an offender re-
entry program: Provided, That of the amount provided for Public
Safety and Community Policing Grants, not to exceed $31,825,000
shall be expended for program management and administration:
Provided further, That of the unobligated balances available in
this program, $5,000,000 shall be available to improve tribal
law enforcement including equipment and training: Provided
further, That no funds that become available as a result of
deobligations from prior year balances, excluding those for
program management and administration, may be obligated except
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,
$279,097,000, to remain available until expended, as authorized
by section 299 of part I of title II and section 506 of title V
of the Act, as amended by Public Law 102-586, of which: (1)
notwithstanding any other provision of law, $6,847,000 shall be
available for expenses authorized by part A of title II of the
Act, $89,000,000 shall be available for expenses authorized by
part B of title II of the Act, and $50,250,000 shall be
available for expenses authorized by part C of title II of the
Act: Provided, That $26,500,000 of the amounts provided for
part B of title II of the Act, as amended, is for the purpose
of providing additional formula grants under part B to States
that provide assurances to the Administrator that the State has
in effect (or will have in effect no later than 1 year after
date of application) policies and programs, that ensure that
juveniles are subject to accountability-based sanctions for
every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be available for expenses authorized by
sections 281 and 282 of part D of title II of the Act for
prevention and treatment programs relating to juvenile gangs;
(3) $10,000,000 shall be available for expenses authorized by
section 285 of part E of title II of the Act; (4) $16,000,000
shall be available for expenses authorized by part G of title
II of the Act for juvenile mentoring programs; and (5)
$95,000,000 shall be available for expenses authorized by title
V of the Act for incentive grants for local delinquency
prevention programs; of which $12,500,000 shall be for
delinquency prevention, control, and system improvement
programs for tribal youth; of which $25,000,000 shall be
available for grants of $360,000 to each State and $6,640,000
shall be available for discretionary grants to States, for
programs and activities to enforce State laws prohibiting the
sale of alcoholic beverages to minors or the purchase or
consumption of alcoholic beverages by minors, prevention and
reduction of consumption of alcoholic beverages by minors, and
for technical assistance and training; and of which $15,000,000
shall be available for the Safe Schools Initiative: Provided
further, That upon the enactment of reauthorization legislation
for Juvenile Justice Programs under the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, funding
provisions in this Act shall from that date be subject to the
provisions of that legislation and any provisions in this Act
that are inconsistent with that legislation shall no longer
have effect: Provided further, That of amounts made available
under the Juvenile Justice Programs of the Office of Justice
Programs to carry out part B (relating to Federal Assistance
for State and Local Programs), subpart II of part C (relating
to Special Emphasis Prevention and Treatment Programs), part D
(relating to Gang-Free Schools and Communities and Community-
Based Gang Intervention), part E (relating to State Challenge
Activities), and part G (relating to Mentoring) of title II of
the Juvenile Justice and Delinquency Prevention Act of 1974,
and to carry out the At-Risk Children's Program under title V
of that Act, not more than 10 percent of each such amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized under
the appropriate part or title, and not more than 2 percent of
each such amount may be used for training and technical
assistance activities designed to benefit the programs or
activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements,
and other assistance, $11,000,000 to remain available until
expended, for developing, testing, and demonstrating programs
designed to reduce drug use among juveniles.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $8,500,000, 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 $2,400,000, to remain available
until expended for payments as authorized by section 1201(b) 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. Hereafter, authorities contained in the
Department of Justice Appropriation Authorization Act, Fiscal
Year 1980 (Public Law 96-132; 93 Stat. 1040 (1979)), as
amended, shall remain in effect until the effective date of a
subsequent Department of Justice Appropriation Authorization
Act.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 104
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a maximum
of $2,000,000, may not be made without the personal approval of
the President or the Attorney General and such approval may not
be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act, including those derived from the Violent
Crime Reduction Trust Fund, may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Section 108(a) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(1) of Public Law 106-113) shall apply for fiscal year
2001 and thereafter.
Sec. 109. Section 3024 of the Emergency Supplemental
Appropriations Act, 1999 (Public Law 106-31) shall apply for
fiscal year 2001.
Sec. 110. Section 641(e)(4)(A) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208) is amended by inserting before the period
at the end of the second sentence the following: ``, except
that, in the case of an alien admitted under section
101(a)(15)(J) of the Immigration and Nationality Act as an au
pair, camp counselor, or participant in a summer work travel
program, the fee shall not exceed $35''.
Sec. 111. Section 115 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2000 (as enacted into law by section
1000(a)(1) of Public Law 106-113) shall apply hereafter.
Sec. 112. Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356) is amended by adding at the end the
following new subsections:
``(t) Genealogy Fee.--(1) There is hereby established the
Genealogy Fee for providing genealogy research and information
services. This fee shall be deposited as offsetting collections
into the Examinations Fee Account. Fees for such research and
information services may be set at a level that will ensure the
recovery of the full costs of providing all such services.
``(2) The Attorney General will prepare and submit annually
to Congress statements of the financial condition of the
Genealogy Fee.
``(3) Any officer or employee of the Immigration and
Naturalization Service shall collect fees prescribed under
regulation before disseminating any requested genealogical
information.
``(u) Premium Fee for Employment-Based Petitions and
Applications.--The Attorney General is authorized to establish
and collect a premium fee for employment-based petitions and
applications. This fee shall be used to provide certain
premium-processing services to business customers, and to make
infrastructure improvements in the adjudications and customer-
service processes. For approval of the benefit applied for, the
petitioner/applicant must meet the legal criteria for such
benefit. This fee shall be set at $1,000, shall be paid in
addition to any normal petition/application fee that may be
applicable, and shall be deposited as offsetting collections in
the Immigration Examinations Fee Account. The Attorney General
may adjust this fee according to the Consumer Price Index.''.
Sec. 114. Section 1402(d)(3) of Public Law 98-473 is
amended by inserting ``and the Federal Bureau of
Investigation'' after ``United States Attorneys Offices''.
Sec. 115. Beginning in fiscal year 2001 and thereafter,
funds appropriated to the Federal Prison System may be used to
place in privately operated prisons only such persons sentenced
to incarceration under the District of Columbia Code as the
Director, Bureau of Prisons, may determine to be appropriate
for such placement consistent with Federal classification
standards, after consideration of all relevant factors,
including the threat of danger to public safety.
Sec. 116. Notwithstanding any other provision of law,
$1,000,000 shall be available for technical assistance from the
funds appropriated for part G of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended.
Sec. 117. Of the discretionary funds appropriated to the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Program in fiscal year 2000, $2,000,000 shall be
transferred to the Violent Offender Incarceration and Truth In
Sentencing Incentive Grants Program to be used for the
construction costs of the Hoonah Spirit Camp, as authorized
under section 20109(a) of subtitle A of title II of the 1994
Act.
Sec. 118. Notwithstanding any other provision of law, for
fiscal 2001 and hereafter, with respect to any grant program
for which amounts are made available under this title, no grant
funds may be made available to any local jail that runs ``pay-
to-stay programs.''
Sec. 119. Notwithstanding any other provision of law,
including section 4(d) of the Service Contract Act of 1965 (41
U.S.C. 353(d)), the Attorney General hereafter may enter into
contracts and other agreements, of any reasonable duration, for
detention or incarceration space or facilities, including
related services, on any reasonable basis.
This title may be cited as the ``Department of Justice
Appropriations Act, 2001''.
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, $29,517,000, 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,
$48,100,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and engaging
in trade promotional activities abroad, including expenses of
grants and cooperative agreements for the purpose of promoting
exports of United States firms, without regard to 44 U.S.C.
3702 and 3703; full medical coverage for dependent members of
immediate families of employees stationed overseas and
employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 1517; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines and teletype equipment,
$337,444,000, 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 $64,747,000 shall be for Trade
Development, $25,555,000 shall be for Market Access and
Compliance, $40,645,000 shall be for the Import Administration,
$194,638,000 shall be for the United States and Foreign
Commercial Service, and $11,859,000 shall be for Executive
Direction and Administration: Provided further, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities without regard to section 5412 of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912); and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act shall include payment for assessments for services
provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); purchase of passenger motor vehicles for official use
and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law, $64,854,000,
to remain available until expended, of which $7,250,000 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.
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, $411,879,000, to
remain available until expended.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$28,000,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, as amended, title II of the Trade Act
of 1974, as amended, and the Community Emergency Drought Relief
Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $27,314,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $53,745,000, to remain available until September 30,
2002.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $157,227,000.
periodic censuses and programs
For necessary expenses to conduct the decennial census,
$130,898,000 to remain available until expended: Provided,
That, of the total amount available for the decennial census
($130,898,000 in new appropriations and $260,000,000 in
unobligated balances from prior years), $24,055,000 is for
Program Development and Management; $55,096,000 is for Data
Content and Products; $122,000,000 is for Field Data Collection
and Support Systems; $1,500,000 is for Address List
Development; $115,038,000 is for Automated Data Processing and
Telecommunications Support; $55,000,000 is for Testing and
Evaluation; $5,512,000 is for activities related to Puerto
Rico, the Virgin Islands and Pacific Areas; $9,197,000 is for
Marketing, Communications and Partnership activities; and
$3,500,000 is for the Census Monitoring Board, as authorized by
section 210 of Public Law 105-119.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$145,508,000, to remain available until expended: Provided,
That regarding engineering and design of a facility at the
Suitland Federal Center, quarterly reports regarding the
expenditure of funds and project planning, design and cost
decisions shall be provided by the Bureau, in cooperation with
the General Services Administration, to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That none of the funds provided in this Act
or any other Act under the heading ``Bureau of the Census,
Periodic Censuses and Programs'' shall be used to fund the
construction and tenant build-out costs of a facility at the
Suitland Federal Center.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $11,437,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That
hereafter, notwithstanding any other provision of law, NTIA
shall not authorize spectrum use or provide any spectrum
functions pursuant to the National Telecommunications and
Information Administration Organization Act, 47 U.S.C. 902-903,
to any Federal entity without reimbursement as required by NTIA
for such spectrum management costs, and Federal entities
withholding payment of such cost shall not use spectrum:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its
assigned functions under this paragraph, and such funds
received from other Government agencies shall remain available
until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $43,500,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $1,800,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That notwithstanding the provisions of
section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any fiscal
year.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $45,500,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,000,000 shall be available for
program administration and other support activities as
authorized by section 391: Provided further, That, of the funds
appropriated herein, not to exceed 5 percent may be available
for telecommunications research activities for projects related
directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the
requirements of sections 392(a) and 392(c) of the Act, these
funds may be used for the planning and construction of
telecommunications networks for the provision of educational,
cultural, health care, public information, public safety, or
other social services: Provided further, That notwithstanding
any other provision of law, no entity that receives
telecommunications services at preferential rates under section
254(h) of the Act (47 U.S.C. 254(h)) or receives assistance
under the regional information sharing systems grant program of
the Department of Justice under part M of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796h) may use funds under a grant under this heading to cover
any costs of the entity that would otherwise be covered by such
preferential rates or such assistance, as the case may be:
Provided further, That the Administrator shall, after
consultation with other federal departments and agencies
responsible for regulating the core operations of entities
engaged in the provision of energy, water and railroad
services, complete and submit to Congress, not later than
twelve months after date of enactment of this subsection, a
study of the current and future use of spectrum by these
entities to protect and maintain the nation's critical
infrastructure: Provided further, That within six months after
the release of this study, the Chairman of the Federal
Communications Commission shall submit a report to Congress on
the actions that could be taken by the Commission to address
any needs identified in the Administrator's study.
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,
$783,843,000, to remain available until expended: Provided,
That of this amount, $783,843,000 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 2001, so as to result in a final fiscal year
2001 appropriation from the general fund estimated at $0:
Provided further, That during fiscal year 2001, should the
total amount of offsetting fee collections be less than
$783,843,000, the total amounts available to the Patent and
Trademark Office shall be reduced accordingly: Provided
further, That any amount received in excess of $783,843,000 in
fiscal year 2001 shall not be available for obligation:
Provided further, That not to exceed $254,889,000 from fees
collected in fiscal years 1999 and 2000 shall be made available
for obligation in fiscal year 2001.
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, $8,080,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $312,617,000, 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, $105,137,000, to remain available until expended.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $145,700,000, to remain available until expended,
of which not to exceed $60,700,000 shall be available for the
award of new grants.
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, $34,879,000, to remain available until
expended.
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, $1,869,170,000, to remain available until
expended: Provided, That fees and donations received by the
National Ocean Service for the management of the national
marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding
31 U.S.C. 3302: Provided further, That in addition, $68,000,000
shall be derived by transfer from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000: Provided further, That not to exceed $31,439,000
shall be expended for Executive Direction and Administration,
which consists of the Offices of the Undersecretary, the
Executive Secretariat, Policy and Strategic Planning,
International Affairs, Legislative Affairs, Public Affairs,
Sustainable Development, the Chief Scientist, and the General
Counsel: Provided further, That the aforementioned offices,
excluding the Office of the General Counsel, shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or
any other type of formal or informal transfer or reimbursement
of personnel or funds on either a temporary or long-term basis
above the level of 42 personnel: Provided further, That no
general administrative charge shall be applied against an
assigned activity included in this Act and, further, that any
direct administrative expenses applied against an assigned
activity shall be limited to 5 percent of the funds provided
for that assigned activity: Provided further, That any use of
deobligated balances of funds provided under this heading in
previous years shall be subject to the procedures set forth in
section 605 of this Act.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10
U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction (including transfers of
funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $682,899,000,
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:
Provided further, That none of the funds provided in this Act
or any other Act under the heading ``National Oceanic and
Atmospheric Administration, Procurement, Acquisition and
Construction'' shall be used to fund the construction and
tenant build-out costs of a facility at the Suitland Federal
Center.
Coastal and Ocean Activities
In addition, for coastal and ocean activities,
$420,000,000, to remain available until expended, of which
$135,000,000 is for ocean, coastal and waterway conservation
programs; of which $135,000,000 is for National Oceanic and
Atmospheric Administration programs; and of which $150,000,000
is for coastal impact assistance as authorized by section 31 of
the Outer Continental Shelf Lands Act as authorized by section
903 of this Act: Provided, That of the funds provided under
this heading for ocean and coastal conservation programs,
$10,000,000 is available for implementation of State nonpoint
pollution control plans established pursuant to section 6217 of
the Coastal Zone Management Act of 1972 as amended by P.L. 101-
508 other than in non-contiguous States except Hawaii;
$30,000,000 is for competitive grants for community-based
coastal restoration activities in the Great Lakes region;
$14,000,000 is for the University of New Hampshire, Building
and Pier; $1,000,000 is for the Sea Coast Science Center;
$3,000,000 is for the Great Bay Partnership; $1,000,000 is for
the New Hampshire Department of Environmental Services Marsh
Restoration initiative; $1,000,000 is for the Mississippi
Laboratories at Pascagoula; $8,000,000 is for the ACE Basin
NERRS Research Center construction; $4,000,000 is for Kachamek
Bay NERRS research center construction; $1,000,000 is for the
Raritan, New Jersey, NERRS land acquisition; $2,500,000 is for
Winyah Bay land acquisition; $2,000,000 is for ACE Basin Land
Acquisition; $10,000,000 is for a direct payment to the SeaLife
Center; $10,000,000 is for Dupage River restoration; $1,000,000
is for Detroit River restoration; $500,000 is for lower Rouge
River restoration; $8,500,000 is for Bronx River restoration
and land acquisition; $16,000,000 is for a grant for Eastern
Kentucky Pride, Inc, of which $11,000,000 is for design and
construction of facilities for water protection and related
environmental infrastructure; $3,000,000 is for a grant to the
Louisiana Department of Natural Resources for brown marsh
research/mitigation and nutria control; $2,000,000 is for land
acquisition in southern Orange County, California for
conservation of coastal sage scrub; $3,000,000 is for planning,
renovation and construction of facilities for a new national
estuarine research reserve in San Francisco, California;
$2,000,000 is for a grant to the National Fish and Wildlife
Foundation for species management and estuarine habitat
conservation; and $1,500,000 is for a grant to the Pinellas
County Environmental Foundation for the Tampa Bay watershed
Provided further, That of the funds provided for the National
Oceanic and Atmospheric Administration programs, $5,000,000 is
for National Estuarine Research Reserves operations;
$12,000,000 is for Marine Sanctuaries operations; $8,500,000 is
for Coastal Zone Management Act grants; $1,500,000 is for
Program Administration; $4,000,000 is for marine mammal
strandings; $25,000,000 is for protection of Coral Reefs;
$36,000,000 is for Pacific Coastal Salmon Recovery grants to
States and tribes; $6,000,000 is for fisheries habitat
restoration; $15,000,000 is for NOAA Cooperative Enforcement
initiative; $3,000,000 is for Atlantic Coast observers;
$3,000,000 is for Cooperative Research; $3,000,000 is for Red
Snapper research; $3,000,000 is for Aquaculture; $5,000,000 is
for Harmful algal Blooms research; $2,000,000 is for Ocean
exploration initiative; and $3,000,000 is for Marine
Sanctuaries construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999
Pacific Salmon Treaty Agreement between the United States and
Canada, $54,000,000, subject to express authorization.
In addition, for implementation of the 1999 Pacific Salmon
Treaty Agreement, $20,000,000, of which $10,000,000 shall be
deposited in the Northern Boundary and Transboundary Rivers
Restoration and Enhancement Fund and of which $10,000,000 shall
be deposited in the Southern Boundary Restoration and
Enhancement Fund.
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
$3,200,000, 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 $952,000, 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
$191,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $288,000, 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.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $35,920,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App. 1-11, as amended by Public Law
100-504), $20,000,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States Air
Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay
for any expenses authorized by section 8501 of title 5, United
States Code, for services performed by individuals appointed to
temporary positions within the Bureau of the Census for
purposes relating to the decennial censuses of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. 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 2001 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
2001 and each fiscal year thereafter shall be available for
obligation and expenditure only in accordance with section 605
of this Act: Provided further, That no later than 30 days after
the end of each fiscal year, amounts in excess of this reserve
limitation shall be deposited as miscellaneous receipts in the
Treasury: Provided further, That such franchise fund pilot
program shall terminate pursuant to section 403(f) of Public
Law 103-356.
Sec. 209. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology, Construction
of Research Facilities'', $4,000,000 is appropriated to the
Institute at Saint Anselm College, $4,000,000 is appropriated
to fund a cooperative agreement with the Medical University of
South Carolina, $3,000,000 is appropriated to the Thayer School
of Engineering for the biocommodity and biomass research
initiative, and $3,000,000 is appropriated to establish the
Institute for Information Infrastructure Protection at the
Institute for Security Technology Studies.
In addition, of the amounts for ``National Oceanic and
Atmospheric Administration, Procurement, Acquisition, and
Construction'', $5,000,000 shall be for a grant for Eastern
Kentucky Pride, Inc., for design and construction of facilities
for water protection and related environmental infrastructure.
Sec. 210. (a) The Secretary of Commerce shall establish and
administer through the National Ocean Service the Dr. Nancy
Foster Scholarship Program. Under the program, the Secretary
shall award graduate education scholarships in marine biology,
oceanography, or maritime archaeology, including the curation,
preservation, and display of maritime artifacts, to be known as
``Dr. Nancy Foster Scholarships''.
(b) The purpose of the Dr. Nancy Foster Scholarship Program
is to recognize outstanding scholarship in marine biology,
oceanography, or maritime archaeology, particularly by women
and members of minority groups, and encourage independent
graduate level research in such fields of study.
(c) Each Dr. Nancy Foster Scholarship award--
(1) shall be used to support a candidate's graduate
studies in marine biology, oceanography, or maritime
archaeology at a sponsoring institution; and
(2) shall be made available to individual
candidates in accordance with guidelines issued by the
Secretary.
(d) The amount of each Dr. Nancy Foster Scholarship shall
be provided directly to each recipient selected by the
Secretary upon receipt of certification that the recipient will
adhere to a specific and detailed plan of study and research
approved by the sponsoring institution.
(e) The Secretary shall make 1 percent of the amount
appropriated each fiscal year to carry out the National Marine
Sanctuaries Act (46 U.S.C. 1431 et seq.) available for Dr.
Nancy Foster Scholarships.
(f) Repayment of the award shall be made to the Secretary
in the case of fraud or noncompliance.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2001''.
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, $37,591,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
13b), $7,530,000, of which $4,460,000 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, $17,930,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $12,456,000.
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, $3,359,725,000 (including the
purchase of firearms and ammunition); of which not to exceed
$17,817,000 shall remain available until expended for space
alteration projects; and of which not to exceed $10,000,000
shall remain available until expended for furniture and
furnishings related to new space alteration and construction
projects.
In addition, for 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
$2,602,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended; the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act of
1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with
Criminal Justice Act maximums) and reimbursement of expenses of
attorneys appointed to assist the court in criminal cases where
the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians
ad litem acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; and the
compensation of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d), $435,000,000, 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)),
$59,567,000, 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), $199,575,000, of
which not to exceed $10,000,000 shall remain available until
expended for security systems, to be expended directly or
transferred to the United States Marshals Service, which shall
be responsible for administering elements of the Judicial
Security Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $58,340,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $18,777,000; of which
$1,800,000 shall remain available through September 30, 2002,
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), $25,700,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$8,100,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,900,000.
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,
$9,931,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts
of appeals, and other judicial services shall be available for
official reception and representation expenses of the Judicial
Conference of the United States: Provided, That such available
funds shall not exceed $11,000 and shall be administered by the
Director of the Administrative Office of the United States
Courts in the capacity as Secretary of the Judicial Conference.
Sec. 304. (a) The Director of the Administrative Office of
the United States Courts (the Director) may designate in
writing officers and employees of the judicial branch of the
United States Government, including the courts as defined in
section 610 of title 28, United States Code, but excluding the
Supreme Court, to be disbursing officers in such numbers and
locations as the Director considers necessary. These disbursing
officers will: (1) disburse moneys appropriated to the judicial
branch and other funds only in strict accordance with payment
requests certified by the Director or in accordance with
subsection (b) of this section; (2) examine payment requests as
necessary to ascertain whether they are in proper form,
certified, and approved; and (3) be held accountable as
provided by law. However, a disbursing officer will not be held
accountable or responsible for any illegal, improper, or
incorrect payment resulting from any false, inaccurate, or
misleading certificate for which a certifying officer is
responsible under subsection (b) of this section.
(b)(1) The Director may designate in writing officers and
employees of the judicial branch of the United States
Government, including the courts as defined in section 610 of
title 28, United States Code, but excluding the Supreme Court,
to certify payment requests payable from appropriations and
funds. These certifying officers will be responsible and
accountable for: (A) the existence and correctness of the facts
recited in the certificate or other request for payment or its
supporting papers; (B) the legality of the proposed payment
under the appropriation or fund involved; and (C) the
correctness of the computations of certified payment requests.
(2) The liability of a certifying officer will be enforced
in the same manner and to the same extent as provided by law
with respect to the enforcement of the liability of disbursing
and other accountable officers. A certifying officer shall be
required to make restitution to the United States for the
amount of any illegal, improper, or incorrect payment resulting
from any false, inaccurate, or misleading certificates made by
the certifying officer, as well as for any payment prohibited
by law or which did not represent a legal obligation under the
appropriation or fund involved.
(c) A certifying or disbursing officer: (1) has the right
to apply for and obtain a decision by the Comptroller General
on any question of law involved in a payment request presented
for certification; and (2) is entitled to relief from liability
arising under this section as provided by law.
(d) The Director shall disburse, directly or through
officials designated pursuant to this section, appropriations
and other funds for the maintenance and operation of the
courts.
(e) Nothing in this section affects the authority of the
courts to receive or disburse moneys in accordance with chapter
129 of title 28, United States Code.
(f) This section shall be effective for fiscal year 2001
and hereafter.
Sec. 305. District Judges for the District Courts. (a) In
General.--The President shall appoint, by and with the advice
and consent of the Senate--
(1) 1 additional district judge for the district of
Arizona;
(2) 1 additional district judge for the southern
district of Florida;
(3) 1 additional district judge for the eastern
district of Kentucky;
(4) 1 additional district judge for the district of
Nevada;
(5) 1 additional district judge for the district of
New Mexico;
(6) 1 additional district judge for the district of
South Carolina;
(7) 1 additional district judge for the southern
district of Texas;
(8) 1 additional district judge for the western
district of Texas;
(9) 1 additional district judge for the eastern
district of Virginia; and
(10) 1 additional district judge for the eastern
district of Wisconsin.
(b) Table.--In order that the table contained in section
133 of title 28, United States Code, will, with respect to each
judicial district, reflect the changes in the total number of
permanent district judges authorized under subsection (a), such
table is amended--
(1) in the item relating to the district of
Arizona, by striking ``11'' and inserting ``12'';
(2) in the item relating to the southern district
of Florida, by striking ``16'' and inserting ``17'';
(3) in the item relating to the eastern district of
Kentucky, by striking ``4'' and inserting ``5'';
(4) in the item relating to the district of Nevada,
by striking ``6'' and inserting ``7'';
(5) in the item relating to the district of New
Mexico, by striking ``5'' and inserting ``6'';
(6) in the item relating to the district of South
Carolina, by striking ``9'' and inserting ``10'';
(7) in the item relating to the southern district
of Texas, by striking ``18'' and inserting ``19'';
(8) in the item relating to the western district of
Texas, by striking ``10'' and inserting ``11'';
(9) in the item relating to the eastern district of
Virginia, by striking ``9'' and inserting ``10''; and
(10) in the item relating to the eastern district
of Wisconsin, by striking ``4'' and inserting ``5''.
(c) Designation of Judge to Hold Court.--The chief judge of
the eastern district of Wisconsin shall designate 1 judge who
shall hold court for such district in Green Bay, Wisconsin.
Sec. 306. Section 332 of title 28, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) The United States Court of Appeals for the Federal
Circuit may appoint a circuit executive, who shall serve at the
pleasure of the court. In appointing a circuit executive, the
court shall take into account experience in administrative and
executive positions, familiarity with court procedures, and
special training. The circuit executive shall exercise such
administrative powers and perform such duties as may be
delegated by the court. The duties delegated to the circuit
executive may include but need not be limited to the duties
specified in subsection (e) of this section, insofar as they
are applicable to the Court of Appeals for the Federal Circuit.
``(2) The circuit executive shall be paid the salary for
circuit executives established under subsection (f) of this
section.
``(3) The circuit executive may appoint, with the approval
of the court, necessary employees in such number as may be
approved by the Director of the Administrative Office of the
United States Courts.
``(4) The circuit executive and staff shall be deemed to be
officers and employees of the United States within the meaning
of the statutes specified in subsection (f)(4).
``(5) The court may appoint either a circuit executive
under this subsection or a clerk under section 711 of this
title, but not both, or may appoint a combined circuit
executive/clerk who shall be paid the salary of a circuit
executive.''.
Sec. 307. Section 3102(a)(1) of title 5, United States
Code, is amended--
(1) in subparagraph (A) by striking ``and'';
(2) in subparagraph (B) by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) an office, agency, or other
establishment in the judicial branch;''.
Sec. 308. (a) Supreme Court Police Retirement.--
(1) Service deemed to be service as law enforcement
officer.--Any period of service performed before the
effective date of this section by an individual as a
member of the Supreme Court Police, who is such a
member on such date, shall be deemed to be service
performed as a law enforcement officer for purposes of
chapters 83 and 84 of title 5, United States Code.
Notwithstanding any amendment made by this section, any
period of service performed before the effective date
of this section by an individual as a member of the
Supreme Court Police, who is not such a member on such
date, shall be employee service for purposes of
chapters 83 and 84 of title 5, United States Code.
(2) Contributions.--The Marshal of the Supreme
Court of the United States shall pay an amount
determined by the Office of Personnel Management equal
to--
(A)(i) the difference between--
(I) the amount that was deducted
and withheld from basic pay under
chapters 83 and 84 of title 5, United
States Code, for the period of service
described in the first sentence of
paragraph (1); and
(II) the amount that should have
been deducted and withheld for such
period of service, if it had instead
been performed as a law enforcement
officer; and
(ii) interest as prescribed under section
8334(e) of title 5, United States Code, based
on the amount determined under clause (i); and
(B) with respect to the period of service
described in subparagraph (A), the difference
between the Government contributions that were
in fact made to the Civil Service Retirement
and Disability Fund for such service, and the
amount that would have been required if such
service had instead been performed as a law
enforcement officer, subject to subsection (f).
(3) Deposit of payments.--Payments under paragraph
(2) shall be paid from the salaries and expenses
account from appropriations to the Supreme Court of the
United States, including any prior year unobligated
balances, and deposited in the Civil Service Retirement
and Disability Fund.
(b) Amendments to Chapter 83.--
(1) Deductions, contributions, and deposits.--
Section 8334 of title 5, United States Code, is
amended--
(A) in subsection (a)(1) by inserting
``member of the Supreme Court Police,'' after
``member of the Capitol Police,''; and
(B) in subsection (c) in the item relating
to law enforcement officers by inserting ``,
member of the Supreme Court Police for Supreme
Court Police service,'' after ``law enforcement
service''.
(2) Mandatory separation.--(A) Section 8335 of
title 5, United States Code, is amended by
redesignating subsection (e) as subsection (f) and
inserting after subsection (d) the following:
``(e) A member of the Supreme Court Police who is otherwise
eligible for immediate retirement under section 8336(n) shall
be separated from the service on the last day of the month in
which such member becomes 57 years of age or completes 20 years
of service if then over that age. The Marshal of the Supreme
Court of the United States, when in his judgment the public
interest so requires, may exempt such a member from automatic
separation under this subsection until that member becomes 60
years of age. The Marshal shall notify the member in writing of
the date of separation at least 60 days in advance thereof.
Action to separate the member is not effective, without the
consent of the member, until the last day of the month in which
the 60-day notice expires.''.
(B) Section 8335(f) of title 5, United States Code,
as redesignated by subparagraph (A), is amended by
striking ``Police)'' and inserting ``Police or the
Supreme Court Police)''.
(3) Immediate retirement.--Section 8336 of title 5,
United States Code, is amended by redesignating
subsection (n) as subsection (o) and inserting after
subsection (m) the following:
``(n) A member of the Supreme Court Police who is separated
from the service after becoming 50 years of age and completing
20 years of service as a member of the Supreme Court Police or
as a law enforcement officer, or any combination of such
service totaling at least 20 years, is entitled to an
annuity.''.
(4) Computation.--Section 8339 of title 5, United
States Code, is amended by redesignating subsection (r)
as subsection (s) and inserting after subsection (q)
the following:
``(r) The annuity of a member of the Supreme Court Police,
or former member of the Supreme Court Police, retiring under
this subchapter is computed in accordance with subsection
(d).''.
(c) Amendments to Chapter 84.--
(1) Immediate retirement.--Section 8412(d) of title
5, United States Code, is amended by inserting ``or
Supreme Court Police'' after ``Capitol Police'' each
place it appears.
(2) Computation of basic annuity.--Section 8415(g)
of title 5, United States Code, is amended by inserting
``member of the Supreme Court Police,'' after ``law
enforcement officer,''.
(3) Deductions from pay.--Section 8422(a)(3) of
title 5, United States Code, is amended in the item
relating to law enforcement officers by inserting
``member of the Supreme Court Police,'' after ``member
of the Capitol Police,''.
(4) Government contributions.--Section 8423(a) of
title 5, United States Code, is amended by inserting
``members of the Supreme Court Police,'' after ``law
enforcement officers,'' each place it appears.
(5) Mandatory separation.--(A) Section 8425 of
title 5, United States Code, is amended by
redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) A member of the Supreme Court Police who is otherwise
eligible for immediate retirement under section 8412(d) shall
be separated from the service on the last day of the month in
which such member becomes 57 years of age or completes 20 years
of service if then over that age. The Marshal of the Supreme
Court of the United States, when in his judgment the public
interest so requires, may exempt such a member from automatic
separation under this subsection until that member becomes 60
years of age. The Marshal shall notify the member in writing of
the date of separation at least 60 days before the date. Action
to separate the member is not effective, without the consent of
the member, until the last day of the month in which the 60-day
notice expires.''.
(B) Section 8425(e) of title 5, United States Code,
as so redesignated, is amended by striking ``Police)''
and inserting ``Police or Supreme Court Police)''.
(d) Payments for Other Liability.--
(1) In general.--The Marshal of the Supreme Court
of the United States shall pay into the Civil Service
Retirement and Disability Fund an amount determined by
the Director of the Office of Personnel Management to
be necessary to reimburse the Fund for any estimated
increase in the unfunded liability of the Fund
resulting from the amendments related to the Civil
Service Retirement System under this section, and for
any estimated increase in the supplemental liability of
the Fund resulting from the amendments related to the
Federal Employees' Retirement System under this
section.
(2) Installments.--The amount determined under
paragraph (1) shall be paid in 5 equal annual
installments with interest computed at the rates used
in the most recent valuation of the Federal Employees'
Retirement System.
(3) Source of funds.--Payments under this
subsection shall be made from amounts available from
the salaries and expenses account from appropriations
to the Supreme Court of the United States, including
any prior year unobligated balances.
(e) No Mandatory Separation for a 2-Year Period.--Nothing
in section 8335(e) or 8425(d) of title 5, United States Code,
as added by this section, shall require the automatic
separation of any member of the Supreme Court Police before the
end of the 2-year period beginning on the effective date of
this section.
(f) Nonreduction in Government Contributions.--
Notwithstanding any other provision of this section, Government
contributions to the Civil Service Retirement and Disability
Fund on behalf of a member of the Supreme Court Police shall,
with respect to any service performed during the period
beginning on January 1, 1999, and ending on December 31, 2002,
while subject to the Federal Employees' Retirement System, be
determined in the same way as if this section had never been
enacted.
(g) Savings Provision.--Nothing in this section or in any
amendment made by this section shall, with respect to any
service performed before the effective date of such amendment,
have the effect of reducing the percentage applicable in
computing any portion of an annuity based on service as a
member of the Supreme Court Police below the percentage which
would otherwise apply if this section had not been enacted.
(h) Technical and Conforming Amendments.--
(1) Section 8337(a) of title 5, United States Code,
is amended in the last sentence by striking ``8339(a)-
(e), (n), (q), or (r)'' and inserting ``8339(a) through
(e), (n), (q), (r), or (s)''.
(2) Subsections (f) and (m) of section 8339 of
title 5, United States Code, are each amended by
striking ``subsections (a)-(e), (n), (q), and (r)'' and
inserting ``subsections (a) through (e), (n), (q), (r),
and (s)''.
(3) Section 8339(g) of title 5, United States Code,
is amended--
(A) in paragraph (2), by striking
``subsections (a)-(c), (n), (q), or (r)'' and
inserting ``subsections (a) through (c), (n),
(q), (r), or (s)''; and
(B) in the matter following paragraph (2),
by striking ``(q), or (r)'' each place it
appears and inserting ``(q), (r), or (s)''.
(4) Section 8339(i) of title 5, United States Code,
is amended by striking ``(a)-(h), (n), (q), and (r)''
and inserting ``(a)-(h), (n), (q), (r), or (s)''.
(5) Sections 8339(j), 8339(k)(1), and 8343a of
title 5, United States Code, are each amended by
striking ``(a)-(i), (n), (q), and (r)'' each place it
appears and inserting ``(a)-(i), (n), (q), (r), and
(s)''.
(6) Section 8339(l) of title 5, United States Code,
is amended by striking ``(a)-(k), (n), (q), and (r)''
and inserting ``(a)-(k), (n), (q), (r), and (s)''.
(7) Subsections (b)(1) and (d) of section 8341 of
title 5, United States Code, are each amended by
striking ``(q), and (r)'' and inserting ``(q), (r), and
(s)''.
(8) Section 8344(a)(A) of title 5, United States
Code, is amended by striking ``(q), and (r)'' and
inserting ``(q), (r), and (s)''.
(i) Applicability.--This section and the amendments made by
this section shall apply only to an individual who is employed
as a member of the Supreme Court Police after the later of
October 1, 2000, or the date of enactment of this Act.
(j) Effective Date.--Except as otherwise provided in this
section, this section and the amendments made by this section
shall take effect on the first day of the first applicable pay
period that begins on the later of October 1, 2000, or the date
of enactment of this Act.
Sec. 309. Pursuant to section 140 of Public Law 97-92,
Justices and judges of the United States are authorized during
fiscal year 2001, to receive a salary adjustment in accordance
with 28 U.S.C. 461, only if for the purposes of each provision
of law amended by section 704(a)(2) of the Ethics Reform Act of
1989 (5 U.S.C. 5318 note), adjustments under section 5303 of
title 5, United States Code, shall take effect in fiscal year
2001: Provided, That, if such adjustments take effect pursuant
to this section, $8,801,000 is appropriated for such
adjustments pursuant to this section and such funds shall be
transferred to and merged with appropriations in title III of
this Act.
This title may be cited as the ``Judiciary Appropriations
Act, 2001''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
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; 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; acquisition by exchange or purchase of passenger
motor vehicles as authorized by law; and for expenses of
general administration, $2,758,725,000: Provided, That, of the
amount made available under this heading, not to exceed
$4,000,000 may be transferred to, and merged with, funds in the
``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That, in
fiscal year 2001, all receipts collected from individuals for
assistance in the preparation and filing of an affidavit of
support pursuant to section 213A of the Immigration and
Nationality Act shall be deposited into this account as an
offsetting collection and shall remain available until
expended: Provided further, That, of the amount made available
under this heading, $246,644,000 shall be available only for
public diplomacy international information programs: 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, not to exceed $1,400,000 shall be
available for transfer to the Presidential Advisory Commission
on Holocaust Assets in the United States: Provided further,
That notwithstanding section 140(a)(5), and the second sentence
of section 140(a)(3), of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, fees may be collected during
fiscal years 2001 and 2002, under the authority of section
140(a)(1) of that Act: Provided further, That all fees
collected under the preceding proviso shall be deposited in
fiscal years 2001 and 2002 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 advances for
services authorized by 22 U.S.C. 3620(c) may be credited to
this account, to remain available until expended for such
services: Provided further, That in fiscal year 2001 and
thereafter reimbursements for services provided to the press in
connection with the travel of senior-level officials may be
collected and credited to this appropriation and shall remain
available until expended: Provided further, That no funds may
be obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic
of China, unless, at least 15 days in advance, the Committees
on Appropriations of the House of Representatives and the
Senate are notified of such proposed action: Provided further,
That of the amount made available under this heading,
$40,000,000 shall only be available to implement the 1999
Pacific Salmon Treaty Agreement, of which $10,000,000 shall be
deposited in the Northern Boundary and Transboundary Rivers
Restoration and Enhancement Fund, of which $10,000,000 shall be
deposited in the Southern Boundary Restoration and Enhancement
Fund, and of which $20,000,000 shall be for a direct payment to
the State of Washington for obligations under the 1999 Pacific
Salmon Treaty Agreement.
In addition, not to exceed $1,252,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act, as amended; in
addition, as authorized by section 5 of such Act, $490,000, to
be derived from the reserve authorized by that section, to be
used for the purposes set out in that section; in addition, as
authorized by section 810 of the United States Information and
Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from English teaching,
library, motion pictures, and publication programs, and from
fees from educational advising and counseling, and exchange
visitor programs; and, in addition, not to exceed $15,000,
which shall be derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$410,000,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$97,000,000, to remain available until expended, as authorized:
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,
$28,490,000, 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, $231,587,000, to remain available until
expended: Provided, That not to exceed $800,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching and educational advising and counseling
programs as authorized.
representation allowances
For representation allowances as authorized, $6,499,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $15,467,000, to remain available until
September 30, 2002: Provided, That, notwithstanding the
limitations of 3 U.S.C. 202(10) concerning 20 or more
consulates, of the amount made available under this heading,
$5,000,000 shall be available only for the reimbursement of
costs incurred by the City of Seattle, Washington.
embassy security, construction, and maintenance
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, $416,976,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture
and furnishings and generators for other departments and
agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $663,000,000, to
remain available until expended.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $5,477,000, to remain available until
expended as authorized, 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, $591,000, as authorized:
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, $604,000, which
may be transferred to and merged with the Diplomatic and
Consular Programs account under Administration of Foreign
Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $16,345,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $131,224,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $870,833,000: Provided, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That of
the funds appropriated in this paragraph, $100,000,000 may be
made available only pursuant to a certification by the
Secretary of State that the United Nations has taken no action
in calendar year 2000 prior to the date of enactment of this
Act to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United
Nations budget and cause the United Nations to exceed the
budget for the biennium 2000-2001 of $2,535,700,000: Provided
further, That if the Secretary of State is unable to make the
aforementioned certification, the $100,000,000 is to be applied
to paying the current year assessment for other international
organizations for which the assessment has not been paid in
full or to paying the assessment due in the next fiscal year
for such organizations, subject to the reprogramming procedures
contained in Section 605 of this Act: Provided further, That
funds appropriated under this paragraph may be obligated and
expended to pay the full United States assessment to the civil
budget of the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$846,000,000, of which 15 percent shall remain available until
September 30, 2002: Provided, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency, as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives
and the Senate and other appropriate committees of the Congress
are notified of the estimated cost and length of the mission,
the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the appropriate committees of the
Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds made available under
this heading are available to pay the United States share of
the cost of court monitoring that is part of any United Nations
peacekeeping mission.
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,
$7,142,000.
construction
For detailed plan preparation and construction of
authorized projects, $22,950,000, to remain available until
expended, as authorized.
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, $6,741,000, 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,
$19,392,000: Provided, That the United States' share of such
expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $9,250,000, to remain
available until expended, as authorized.
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, 2001, 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, 2001, 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, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $13,500,000: 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.
national endowment for democracy
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $30,999,000, to remain available until
expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, $398,971,000, of which not to exceed
$16,000 may be used for official receptions within the United
States as authorized, not to exceed $35,000 may be used for
representation abroad as authorized, 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 necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the
purchase, rent, construction, and improvement of facilities for
radio and television transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception, $22,095,000, to remain
available until expended.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$20,358,000, to remain available until expended, as authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
hire of passenger transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. 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. 404. (a) Section 1(a)(2) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(a)(2)) is amended by
striking ``and the Deputy Secretary of State'' and inserting
``, the Deputy Secretary of State, and the Deputy Secretary of
State for Management and Resources''.
(b) Section 5313 of title 5, United States Code, is amended
by inserting ``Deputy Secretary of State for Management and
Resources.'' after the item relating to the ``Deputy Secretary
of State''.
Sec. 405. None of the funds appropriated or otherwise made
available in this Act for the United Nations may be used by the
United Nations for the promulgation or enforcement of any
treaty, resolution, or regulation authorizing the United
Nations, or any of its specialized agencies or affiliated
organizations, to tax any aspect of the Internet.
Sec. 406. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to allow for the entry into, or
withdrawal from warehouse for consumption in the United States
of diamonds if the country of origin in which such diamonds
were mined (as evidenced by a legible certificate of origin) is
the Republic of Sierra Leone, the Republic of Liberia, the
Republic of Cote d'Ivoire, Burkina Faso, the Democratic
Republic of the Congo, or the Republic of Angola with the
exception of diamonds certified by the lawful governments of
the Republic of Sierra Leone, the Democratic Republic of the
Congo, or the Republic of Angola.
Sec. 407. Section 37(a)(3) of the State Department Basic
Authorities Act, as amended, (22 U.S.C. 2709) is amended by--
(1) striking ``and'' at the end of subsection
(a)(3)(C); and
(2) by inserting at the end the following new
subsections:
``(E) a departing Secretary of State for a
period of up to 180 days after the date of
termination of that individual's incumbency as
Secretary of State, on the basis of a threat
assessment; and
``(F) an individual who has been designated
by the President to serve as Secretary of
State, prior to that individual's
appointment.''.
Sec. 408. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State,
and for the American Section of the International Joint
Commission in Public Law 106-246, may be obligated and expended
notwithstanding section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, and section 15
of the State Department Basic Authorities Act of 1956, as
amended.
This title may be cited as the ``Department of State and
Related Agency Appropriations Act, 2001''.
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, $86,910,000.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $30,000,000, 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.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,987,000, which shall
be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration, and payments
received therefore shall be credited to the appropriation
charged with the cost thereof: Provided, That rental payments
under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into
the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the appropriations
and limitations contained in this Act or in any prior
appropriation Act.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $490,000, as authorized by section
1303 of Public Law 99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,900,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days.
Commission on Ocean Policy
salaries and expenses
For the necessary expenses of the Commission on Ocean
Policy, pursuant to S. 2327 as passed the Senate, $1,000,000,
to remain available until expended: Provided, That the
Commission shall present to the Congress within 18 months of
appointment its recommendations for a national ocean policy.
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,
$1,370,000, to remain available until expended as authorized by
section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$500,000, to remain available until expended.
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 $30,000,000 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,
$303,864,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire
of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $230,000,000, of which not to
exceed $300,000 shall remain available until September 30,
2002, for research and policy studies: Provided, That
$200,146,000 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 2001 so as to
result in a final fiscal year 2001 appropriation estimated at
$29,854,000: Provided further, That any offsetting collections
received in excess of $200,146,000 in fiscal year 2001 shall
remain available until expended, but shall not be available for
obligation until October 1, 2001.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, $15,500,000:
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; not to exceed $2,000 for official
reception and representation expenses, $145,254,000: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718, as amended:
Provided further, That, notwithstanding section 3302(b) of
title 31, United States Code, not to exceed $145,254,000 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 2001, so as to result in a final fiscal year 2001
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, $330,000,000, of which $310,000,000 is for basic field
programs and required independent audits; $2,200,000 is for the
Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of
recipients; $10,800,000 is for management and administration;
and $7,000,000 is for client self-help and information
technology.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2000 and 2001, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,700,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,000
for official reception and representation expenses,
$127,800,000 from fees collected in fiscal year 2001 to remain
available until expended, and from fees collected in fiscal
year 1999, $295,000,000, to remain available until expended; of
which not to exceed $10,000 may be used toward funding a
permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations, appropriate
representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities
matters and provision of technical assistance for the
development of foreign securities markets, such expenses to
include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such
incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence:
Provided, That fees and charges authorized by sections 6(b)(4)
of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d))
shall be credited to this account as offsetting collections.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 105-
135, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $331,635,000:
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
$88,000,000 shall be available to fund grants for performance
in fiscal year 2001 or fiscal year 2002 as authorized by
section 21 of the Small Business Act, as amended: Provided
further, That, of the funds made available under this heading,
$4,000,000 shall be for the National Veterans Business
Development Corporation established under section 33(a) of the
Small Business Act (15 U.S.C. 657c).
In addition, for the costs of programs related to the New
Markets Venture Capital Program, $37,000,000, of which
$7,000,000 shall be for BusinessLINC, and of which $30,000,000
shall be for technical assistance: Provided, That the funds
appropriated under this paragraph shall not be available for
obligation until the New Markets Venture Capital Program is
authorized by subsequent legislation.
In addition, to reimburse the Small Business Administration
for qualified expenses of delinquent non-tax debt collection,
to be derived from increased agency collections of delinquent
debt, 5 percent of such collections but not to exceed
$3,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App.), $11,953,000.
business loans program account
For the cost of direct loans, $2,250,000, to be available
until expended; and for the cost of guaranteed loans,
$163,160,000, as authorized by 15 U.S.C. 631 note, of which
$45,000,000 shall remain available until September 30, 2002:
Provided, That of the total provided, $22,000,000 shall be
available only for the costs of guaranteed loans under the New
Markets Venture Capital program and shall become available for
obligation only upon authorization of such program by the
enactment of subsequent legislation in fiscal year 2001:
Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That during fiscal year 2001, commitments to guarantee loans
under section 503 of the Small Business Investment Act of 1958,
as amended, shall not exceed $3,750,000,000: Provided further,
That during fiscal year 2001, commitments for general business
loans authorized under section 7(a) of the Small Business Act,
as amended, shall not exceed $10,000,000,000 without prior
notification of the Committees on Appropriations of the House
of Representatives and Senate in accordance with section 605 of
this Act: Provided further, That during fiscal year 2001,
commitments to guarantee loans under section 303(b) of the
Small Business Investment Act of 1958, as amended, shall not
exceed $500,000,000.
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, $76,140,000, 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, $108,354,000, which may be transferred to
and merged with appropriations for Salaries and Expenses, of
which $500,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office of
Inspector General; of which $98,000,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program; and of which $9,854,000 is for
indirect administrative expenses: Provided, That any amount in
excess of $9,854,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572; 106 Stat. 4515-4516), $6,850,000, to
remain available until expended: Provided, That not to exceed
$2,500 shall be available for official reception and
representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2001, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions, or activities
presently performed by Federal employees; unless the
Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2001, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels for
the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment
based on religion, when it is made known to the Federal entity
or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
Sec. 609. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds: (1) that the United Nations undertaking is a
peacekeeping mission; (2) that such undertaking will involve
United States Armed Forces under the command or operational
control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a
recommendation that such involvement is in the national
security interests of the United States and the President has
not submitted to the Congress such a recommendation.
Sec. 610. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2001.
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. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA)
under the headings ``Operations, Research, and Facilities'' and
``Procurement, Acquisition and Construction'' may be used to
implement sections 603, 604, and 605 of Public Law 102-567:
Provided, That NOAA may develop a modernization plan for its
fisheries research vessels that takes fully into account
opportunities for contracting for fisheries surveys.
Sec. 613. 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. 614. Hereafter, 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. 615. 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. 616. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 617. (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, as amended.
(b) Subsection (a)(1) of section 616 of that Act, as
amended, is further amended--
(1) by striking ``and'' after ``Toussaint,''; and
(2) by inserting before the semicolon at the end of
the subsection, ``, Jean Leopold Dominique, Jean-Claude
Louissaint, Legitime Athis and his wife, Christa Joseph
Athis, Jean-Michel Olophene, Claudy Myrthil, Merilus
Deus, and Ferdinand Dorvil''.
(c) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2001.
Sec. 618. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for: (1) the
implementation of any tax or fee in connection with the
implementation of 18 U.S.C. 922(t); and (2) any system to
implement 18 U.S.C. 922(t) that does not require and result in
the destruction of any identifying information submitted by or
on behalf of any person who has been determined not to be
prohibited from owning a firearm.
Sec. 619. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $537,500,000 shall
not be available for obligation until the following fiscal
year.
Sec. 620. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 621. None of the funds appropriated in this Act shall
be available for the purpose of granting either immigrant or
nonimmigrant visas, or both, consistent with the Secretary's
determination under section 243(d) of the Immigration and
Nationality Act, to citizens, subjects, nationals, or residents
of countries that the Attorney General has determined deny or
unreasonably delay accepting the return of citizens, subjects,
nationals, or residents under that section.
Sec. 622. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a prisoner.
Sec. 623. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, or
orders for the purpose of implementation, or in preparation for
implementation, of the Kyoto Protocol which was adopted on
December 11, 1997, in Kyoto, Japan, at the Third Conference of
the Parties to the United Nations Framework Convention on
Climate Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25 of the
Protocol.
Sec. 624. Beginning 60 days from the date of the enactment
of this Act, none of the funds appropriated or otherwise made
available by this Act may be made available for the
participation by delegates of the United States to the Standing
Consultative Commission unless the President certifies and so
reports to the Committees on Appropriations that the United
States Government is not implementing the Memorandum of
Understanding Relating to the Treaty Between the United States
of America and the Union of Soviet Socialist Republics on the
limitation of Anti-Ballistic Missile Systems of May 26, 1972,
entered into in New York on September 26, 1997, by the United
States, Russia, Kazakhstan, Belarus, and Ukraine, or until the
Senate provides its advice and consent to the Memorandum of
Understanding.
Sec. 625. None of the funds appropriated in this Act may be
available to the Department of State to approve the purchase of
property in Arlington, Virginia by the Xinhua News Agency.
Sec. 626. Title 18, section 4006(b)(1) is amended by
inserting, ``, the Federal Bureau of Investigation'' after
``United States Marshals Service''.
Sec. 627. Section 3022 of the 1999 Emergency Supplemental
Appropriations Act (113 Stat. 100) is amended by striking
``between the date of enactment of this Act and October 1,
2000,''.
Sec. 628. Section 623 of H.R. 3421 (the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2000 (16 U.S.C. 3645)), as enacted
into law by section 1000(a)(1) of Public Law 106-113 (113 Stat.
1535), is amended--
(a) in subsection (a)(1) by striking ``The Northern
Fund and Southern Fund shall each receive $10,000,000
of the amounts authorized by this section.'';
(b) by striking subsection (d) and inserting in
lieu thereof the following new subsection:
``(d)(1) Pacific Salmon Treaty.--
``(A) For capitalizing the Northern Fund there is
authorized to be appropriated in fiscal years 2000,
2001, 2002, and 2003 a total of $75,000,000.
``(B) For capitalizing the Southern Fund there is
authorized to be appropriated in fiscal years 2000,
2001, 2002, and 2003 a total of $65,000,000.
``(C) To provide economic adjustment assistance to
fishermen pursuant to the 1999 Pacific Salmon Treaty
Agreement, there is authorized to be appropriated in
fiscal years 2000, 2001, and 2002 a total of
$30,000,000.
``(2) Pacific Coastal Salmon Recovery.--
``(A) For salmon habitat restoration, salmon stock
enhancement, and salmon research, including the
construction of salmon research and related facilities,
there is authorized to be appropriated for each of
fiscal years 2000, 2001, 2002, and 2003, $90,000,000 to
the States of Alaska, Washington, Oregon, and
California. Amounts appropriated pursuant to this
subparagraph shall be made available as direct
payments. The State of Alaska may allocate a portion of
any funds it receives under this subsection to eligible
activities outside Alaska.
``(B) For salmon habitat restoration, salmon stock
enhancement, salmon research, and supplementation
activities, there is authorized to be appropriated in
each of fiscal years 2000, 2001, 2002, and 2003,
$10,000,000 to be divided between the Pacific Coastal
tribes (as defined by the Secretary of Commerce) and
the Columbia River tribes (as defined by the Secretary
of Commerce).''.
Sec. 629. Section 3(3) of the Interstate Horseracing Act of
1978 (15 U.S.C. 3002(3)) is amended by inserting ``and includes
pari-mutuel wagers, where lawful in each State involved, placed
or transmitted by an individual in one State via telephone or
other electronic media and accepted by an off-track betting
system in the same or another State, as well as the combination
of any pari-mutuel wagering pools'' after ``another State''.
Sec. 630. (a) Section 7A(a) of the Clayton Act (15 U.S.C.
18a(a)) is amended to read as follows:
``(a) Except as exempted pursuant to subsection (c), no
person shall acquire, directly or indirectly, any voting
securities or assets of any other person, unless both persons
(or in the case of a tender offer, the acquiring person) file
notification pursuant to rules under subsection (d)(1) and the
waiting period described in subsection (b)(1) has expired, if--
``(1) the acquiring person, or the person whose
voting securities or assets are being acquired, is
engaged in commerce or in any activity affecting
commerce; and
``(2) as a result of such acquisition, the
acquiring person would hold an aggregate total amount
of the voting securities and assets of the acquired
person--
``(A) in excess of $200,000,000 (as
adjusted and published for each fiscal year
beginning after September 30, 2004, in the same
manner as provided in section 8(a)(5) to
reflect the percentage change in the gross
national product for such fiscal year compared
to the gross national product for the year
ending September 30, 2003); or
``(B)(i) in excess of $50,000,000 (as so
adjusted and published) but not in excess of
$200,000,000 (as so adjusted and published);
and
``(ii)(I) any voting securities or assets
of a person engaged in manufacturing which has
annual net sales or total assets of $10,000,000
(as so adjusted and published) or more are
being acquired by any person which has total
assets or annual net sales of $100,000,000 (as
so adjusted and published) or more;
``(II) any voting securities or assets of a
person not engaged in manufacturing which has
total assets of $10,000,000 (as so adjusted and
published) or more are being acquired by any
person which has total assets or annual net
sales of $100,000,000 (as so adjusted and
published) or more; or
``(III) any voting securities or assets of
a person with annual net sales or total assets
of $100,000,000 (as so adjusted and published)
or more are being acquired by any person with
total assets or annual net sales of $10,000,000
(as so adjusted and published) or more.
In the case of a tender offer, the person whose voting
securities are sought to be acquired by a person required to
file notification under this subsection shall file notification
pursuant to rules under subsection (d).''.
(b) Section 605 of title VI of Public Law 101-162 (15
U.S.C. 18a note) is amended--
(1) by inserting ``(a)'' after ``Sec. 605.'',
(2) in the 1st sentence--
(A) by striking ``at $45,000'' and
inserting ``in subsection (b)'', and
(B) by striking ``Hart-Scott-Rodino
Antitrust Improvements Act of 1976'' and
inserting ``section 7A of the Clayton Act'',
and
(3) by adding at the end the following:
``(b) The filing fees referred to in subsection (a) are--
``(1) $45,000 if the aggregate total amount
determined under section 7A(a)(2) of the Clayton Act
(15 U.S.C. 18a(a)(2)) is less than $100,000,000 (as
adjusted and published for each fiscal year beginning
after September 30, 2004, in the same manner as
provided in section 8(a)(5) of the Clayton Act (15
U.S.C. 19(a)(5)) to reflect the percentage change in
the gross national product for such fiscal year
compared to the gross national product for the year
ending September 30, 2003);
``(2) $125,000 if the aggregate total amount
determined under section 7A(a)(2) of the Clayton Act
(15 U.S.C. 18a(a)(2)) is not less than $100,000,000 (as
so adjusted and published) but less than $500,000,000
(as so adjusted and published); and
``(3) $280,000 if the aggregate total amount
determined under section 7A(a)(2) of the Clayton Act
(15 U.S.C. 18a(a)(2)) is not less than $500,000,000 (as
so adjusted and published).'',
(4) by striking ``States.'' and inserting
``States'', and
(5) by adding a period at the end.
(c) Section 7A(e)(1) of the Clayton Act (15 U.S.C.
18a(e)(1)) is amended)--
(1) by inserting ``(A)'' after ``(1)'', and
(2) by inserting at the end the following:
``(B)(i) The Assistant Attorney General and the Federal
Trade Commission shall each designate a senior official who
does not have direct responsibility for the review of any
enforcement recommendation under this section concerning the
transaction at issue, to hear any petition filed by such person
to determine--
``(I) whether the request for additional
information or documentary material is unreasonably
cumulative, unduly burdensome, or duplicative; or
``(II) whether the request for additional
information or documentary material has been
substantially complied with by the petitioning person.
``(ii) Internal review procedures for petitions filed
pursuant to clause (i) shall include reasonable deadlines for
expedited review of such petitions, after reasonable
negotiations with investigative staff, in order to avoid undue
delay of the merger review process.
``(iii) Not later than 90 days after the date of the
enactment of this Act, the Assistant Attorney General and the
Federal Trade Commission shall conduct an internal review and
implement reforms of the merger review process in order to
eliminate unnecessary burden, remove costly duplication, and
eliminate undue delay, in order to achieve a more effective and
more efficient merger review process.
``(iv) Not later than 120 days after the date of enactment
of this Act, the Assistant Attorney General and the Federal
Trade Commission shall issue or amend their respective industry
guidance, regulations, operating manuals and relevant policy
documents, to the extent appropriate, to implement each reform
in this subparagraph.
``(v) Not later than 180 days after the date of the
enactment of this Act, the Assistant Attorney General and the
Federal Trade Commission shall each report to Congress--
``(I) which reforms each agency has adopted under
this subparagraph;
``(II) which steps each has taken to implement such
internal reforms; and
``(III) the effects of such reforms.''.
(d) Section 7A of the Clayton Act (15 U.S.C. 18a) is
amended--
(1) in subsection (e)(2), by striking ``20 days''
and inserting ``30 days'', and
(2) by adding at the end the following:
``(k) If the end of any period of time provided in this
section falls on a Saturday, Sunday, or legal public holiday
(as defined in section 6103(a) of title 5 of the United States
Code), then such period shall be extended to the end of the
next day that is not a Saturday, Sunday, or legal public
holiday.''.
(e) This section and the amendments made by this section
shall take effect on the 1st day of the 1st month that begins
more than 30 days after the date of the enactment of this Act.
Sec. 631. (a) The Secretary of the Army is authorized to
take all necessary measures to further stabilize and renovate
Lock and Dam 10 at Boonesborough, Kentucky, with the purpose of
extending the design life of the structure by an additional 50
years, at a total cost of $24,000,000, with an estimated
Federal cost of $19,200,000 and an estimated non-Federal cost
of $4,800,000.
(b) For purposes of this section only, ``stabilize and
renovate'' shall include, but shall not be limited to, the
following activities: stabilization of the main dam, auxiliary
dam and lock; renovation of all operational aspects of the
lock; and elevation of the main and auxiliary dams.
Sec. 632. (a)(1) The Federal Communications Commission
shall modify the rules authorizing the operation of low-power
FM radio stations, as proposed in MM Docket No. 99-25, to--
(A) prescribe minimum distance separations for
third-adjacent channels (as well as for co-channels and
first- and second-adjacent channels); and
(B) prohibit any applicant from obtaining a low-
power FM license if the applicant has engaged in any
manner in the unlicensed operation of any station in
violation of section 301 of the Communications Act of
1934 (47 U.S.C. 301).
(2) The Federal Communications Commission may not--
(A) eliminate or reduce the minimum distance
separations for third-adjacent channels required by
paragraph (1)(A); or
(B) extend the eligibility for application for low-
power FM stations beyond the organizations and entities
as proposed in MM Docket No. 99-25 (47 CFR 73.853),
except as expressly authorized by an Act of Congress enacted
after the date of the enactment of this Act.
(3) Any license that was issued by the Commission to a low-
power FM station prior to the date on which the Commission
modifies its rules as required by paragraph (1) and that does
not comply with such modifications shall be invalid.
(b)(1) The Federal Communications Commission shall conduct
an experimental program to test whether low-power FM radio
stations will result in harmful interference to existing FM
radio stations if such stations are not subject to the minimum
distance separations for third-adjacent channels required by
subsection (a). The Commission shall conduct such test in no
more than nine FM radio markets, including urban, suburban, and
rural markets, by waiving the minimum distance separations for
third-adjacent channels for the stations that are the subject
of the experimental program. At least one of the stations shall
be selected for the purpose of evaluating whether minimum
distance separations for third-adjacent channels are needed for
FM translator stations. The Commission may, consistent with the
public interest, continue after the conclusion of the
experimental program to waive the minimum distance separations
for third-adjacent channels for the stations that are the
subject of the experimental program.
(2) The Commission shall select an independent testing
entity to conduct field tests in the markets of the stations in
the experimental program under paragraph (1). Such field tests
shall include--
(A) an opportunity for the public to comment on
interference; and
(B) independent audience listening tests to
determine what is objectionable and harmful
interference to the average radio listener.
(3) The Commission shall publish the results of the
experimental program and field tests and afford an opportunity
for the public to comment on such results. The Federal
Communications Commission shall submit a report on the
experimental program and field tests to the Committee on
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than February 1, 2001. Such report shall include--
(A) an analysis of the experimental program and
field tests and of the public comment received by the
Commission;
(B) an evaluation of the impact of the modification
or elimination of minimum distance separations for
third-adjacent channels on--
(i) listening audiences;
(ii) incumbent FM radio broadcasters in
general, and on minority and small market
broadcasters in particular, including an
analysis of the economic impact on such
broadcasters;
(iii) the transition to digital radio for
terrestrial radio broadcasters;
(iv) stations that provide a reading
service for the blind to the public; and
(v) FM radio translator stations;
(C) the Commission's recommendations to the
Congress to reduce or eliminate the minimum distance
separations for third-adjacent channels required by
subsection (a); and
(D) such other information and recommendations as
the Commission considers appropriate.
Sec. 633. For an additional amount for ``Small Business
Administration, Salaries and Expenses'', $40,000,000, of which
$2,500,000 shall be available for a grant to the NTTC at
Wheeling Jesuit University to continue the outreach program to
assist small business development; $600,000 shall be available
for a grant for Western Carolina University to develop a
tourism and hospitality curriculum; $2,500,000 shall be
available for a grant to the Bronx Museum of the Arts, New
York, to develop facilities, including the Museum's
participation in the Point Residency and the Community Gallery
projects; $1,000,000 shall be available for a grant to
Soundview Community in Action in the Bronx, New York, for a
technology access and business improvement project; $5,000,000
shall be available for the Center for Rural Development,
Somerset, Kentucky, for a regional program of technology
workforce development; $1,500,000 shall be available for a
grant to the State University of New York to develop a facility
and operate the Institute of Entrepreneurship for small
business and workforce development; $500,000 shall be available
for a grant for Pike County, Kentucky, for an interpretive
development initiative; $1,000,000 shall be available for a
grant to the East Los Angeles Community Union to develop a
facility; $5,000,000 shall be available for a grant to the
Southern Kentucky Tourism Development Association for a
regional tourism promotion initiative; $1,500,000 shall be
available for a grant for Union College, Barbourville,
Kentucky, for a technology and media center; $500,000 shall be
available for a grant to the National Corrections and Law
Enforcement Training and Technology Center, Inc., to work in
conjunction with the Office of Law Enforcement Technology
Commercialization and the Moundsville Economic Development
Council for continued operations of the National Corrections
and Law Enforcement Training and Technology Center, and for
infrastructure improvements associated with this initiative;
$2,000,000 shall be available for a grant for the City of
Paintsville, Kentucky, for a regional arts and tourism center;
$200,000 shall be available for a grant for the Vandalia
Heritage Foundation to fulfill its charter purposes; $800,000
shall be available for a grant for the Museum of Science and
Industry to develop a Manufacturing Learning Center; $200,000
shall be available for a grant to Rural Enterprises, Inc., in
Durant, Oklahoma, to continue support for a resource center for
rural businesses; $1,000,000 shall be available for a grant for
Greenpoint Manufacturing and Design Center to acquire certain
properties to develop a small business incubator facility;
$1,000,000 shall be available for a grant to the Long Island
Bay Shore Aquarium to develop a facility; $200,000 shall be
available for a grant for Old Sturbridge Village's Threshold
Project to develop an arts and tourism facility; $1,300,000
shall be available for a grant to Pulaski County, Kentucky, for
an emergency training center; $2,000,000 shall be available for
a grant for Promesa Enterprises in the Bronx, New York, to
assist community-based businesses; $1,000,000 shall be
available for a grant to the City of Oak Ridge, Tennessee, to
develop a center to support technology and economic development
initiatives; $1,000,000 shall be available for a grant for the
Safer Foundation to develop a facility; $250,000 shall be
available for a grant for the Johnstown Area Regional
Industries Center for a Workforce Development initiative;
$600,000 shall be available for a grant for the Buckhorn
Children's Foundation for a community-based youth development
facility; $250,000 shall be available for a grant for the
Johnstown Area Regional Industries Center to continue support
for the Entrepreneur Challenge 2000 small business incubator
initiative; $250,000 shall be available for a grant to the
Business Development Assistance Group to establish an
Entrepreneurship Center for New Americans in Northern Virginia;
$1,000,000 shall be available for a grant for the Brotherhood
Business Development and Capital Fund for a small business
technical assistance and loan program; $900,000 shall be
available for a grant for the Arizona Department of Public
Safety for planning and design for infrastructure improvements;
$250,000 shall be available for a grant for Gadsden State
Community College to develop a Center for Economic Development;
$2,000,000 shall be available for a grant to Morehead State
University for a science research and technology center;
$350,000 shall be available for a grant for the Nicholas
County, Kentucky, Industrial Authority to acquire certain
properties in Carlisle, Kentucky, to develop a small business
initiative; $350,000 shall be available for a grant for
Montgomery County, Kentucky, to develop an education and
training facility; $500,000 shall be available for a grant to
the New York City Department of Parks and Recreation, Bronx
County, to develop a river house facility; $500,000 shall be
available for a grant to the New York Public Library Mott Haven
Branch in the Bronx, New York, to develop a facility; and
$500,000 shall be available for a grant to the Oklahoma
Department of Career and Technology Education for a technology-
based pilot program for vocational training for economic and
job development.
Sec. 634. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce shall be available to issue or renew, for any
fishing vessel, any general or harpoon category fishing permit
for Atlantic bluefin tuna that would allow the vessel--
(1) to use an aircraft to locate, or otherwise
assist in fishing for, catching, or possessing Atlantic
bluefin tuna; or
(2) to fish for, catch, or possessing Atlantic
bluefin tuna located by the use of an aircraft.
Sec. 635. (a) This section may be cited as ``Amy Boyer's
Law''.
(b) Congress makes the following findings:
(1) The inappropriate display, sale, or use of
social security numbers is a significant factor in a
growing range of illegal activities, including fraud,
identity theft, and, in some cases, stalking and other
violent crimes.
(2) Because social security numbers are used to
track financial, health care, and other sensitive
information about individuals, the inappropriate sale
or display of those numbers to the general public can
result in serious invasions of individual privacy and
facilitate the commission of criminal activity.
(3) The Federal Government requires virtually every
individual in the United States to obtain and maintain
a social security number in order to pay taxes, to
qualify for social security benefits, or to seek
employment. An unintended consequence of these
requirements is that social security numbers have
become tools that can be used to facilitate crime,
fraud, and invasions of the privacy of the individuals
to whom the numbers are assigned. Because the Federal
Government created and maintains the social security
number system, and because the Federal Government does
not permit persons to exempt themselves from the
requirements of that system, it is appropriate for the
Federal Government to take steps to stem abuse of the
system.
(4) A social security number is simply a sequence
of numbers. In no meaningful sense can the number
itself impart knowledge or ideas. Persons do not sell
or transfer such numbers in order to convey any
particularized message, nor to express to the purchaser
any ideas, knowledge, or thoughts.
(5) No one should seek to profit from the display
or sale to the general public of social security
numbers in circumstances that create a substantial risk
of physical, emotional, or financial harm to the
individuals to whom those numbers are assigned.
(6) Various entities may display, sell, or use
social security numbers, including the private sector,
the Federal Government and State governments, and
Federal and State courts. Whatever the source, the
inappropriate display or sale to the general public of
social security numbers should be prevented.
(7) Congress should enact legislation that will
offer an individual assigned a social security number
necessary protection from the display, sale, or
purchase of the number in circumstances that might
facilitate unlawful conduct or that might otherwise
likely result in unfair and deceptive practices.
(c)(1) Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the
following new section:
``prohibition of certain misuses of the social security number
``Sec. 1150A. (a) Except as otherwise provided in this
section, no person may display or sell to the general public
any individual's social security number, or any identifiable
derivative of such number, without the affirmatively expressed
consent, electronically or in writing, of the individual.
``(b) No person may obtain any individual's social security
number, or any identifiable derivative of such number, for
purposes of locating or identifying an individual with the
intent to physically injure, harm, or use the identity of the
individual for illegal purposes.
``(c) In order for consent to exist under subsection (a),
the person displaying, or seeking to display, or selling or
attempting to sell, an individual's social security number, or
any identifiable derivative of such number, shall--
``(1) inform the individual of the general purposes
for which the number will be utilized and the types of
persons to whom the number may be available; and
``(2) obtain affirmatively expressed consent
electronically or in writing.
``(d) Except as set forth in subsection (b), nothing in
this section shall be construed to prohibit or limit the
display, sale, or use of a social security number--
``(1)(A) permitted, required, or excepted,
expressly or by implication, under section 205(c)(2),
section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C.
552a note; 88 Stat. 1909), section 6109(d) of the
Internal Revenue Code of 1986, the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.), title V of the
Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), or the
Health Insurance Portability and Accountability Act of
1996 (Public Law 104-191; 110 Stat. 1936) or the
amendments made by that Act, or (B) in connection with
an activity authorized under or pursuant to section
4(k) of the Bank Holding Company Act of 1956 (12 U.S.C.
1843(k)), whether or not such activity is conducted by
or subject to any limitations or requirements
applicable to a financial holding company;
``(2) by a professional or commercial user who
appropriately uses the information in the normal course
and scope of their businesses for purposes of retrieval
of other information, except that the professional or
commercial user may not display or sell the number (or
any identifiable derivative of the number) to the
general public;
``(3) for purposes of law enforcement, including
investigation of fraud or as required under subchapter
II of chapter 53 of title 31, United States Code, and
chapter 2 of title I of Public Law 91-508 (12 U.S.C.
1951-1959); or
``(4) that may appear in a public record including,
but not limited to, proceedings or records of Federal
or State courts.
``(e)(1) Any individual aggrieved by any act of any person
in violation of this section may bring a civil action in a
United States district court to recover--
``(A) such preliminary and equitable relief as the
court determines to be appropriate; and
``(B) the greater of--
``(i) actual damages;
``(ii) liquidated damages of $2,500; or
``(iii) in the case of a violation that was
willful and resulted in profit or monetary
gain, liquidated damages of $10,000.
``(2) In the case of a civil action brought under paragraph
(1)(B)(iii) in which the aggrieved individual has substantially
prevailed, the court may assess against the respondent a
reasonable attorney's fee and other litigation costs and
expenses (including expert fees) reasonably incurred.
``(3) No action may be commenced under this subsection more
than 3 years after the date on which the violation was or
should reasonably have been discovered by the aggrieved
individual.
``(4) The remedy provided under this subsection shall be in
addition to any other lawful remedy available to the
individual.
``(f)(1) Any person who the Commissioner of Social Security
determines has violated this section shall be subject, in
addition to any other penalties that may be prescribed by law,
to--
``(A) a civil money penalty of not more than $5,000
for each such violation; and
``(B) a civil money penalty of not more than
$50,000, if violations have occurred with such
frequency as to constitute a general business practice.
``(2) Any willful violation committed contemporaneously
with respect to the social security numbers of 2 or more
individuals by means of mail, telecommunication, or otherwise
shall be treated as a separate violation with respect to each
such individual.
``(3) The provisions of section 1128A (other than
subsections (a), (b), (f), (h), (i), (j), and (m), and the
first sentence of subsection (c)) and the provisions of
subsections (d) and (e) of section 205 shall apply to civil
money penalties under this subsection in the same manner as
such provisions apply to a penalty or proceeding under section
1128A(a), except that, for purposes of this paragraph, any
reference in section 1128A to the Secretary shall be deemed a
reference to the Commissioner of Social Security.
``(g) In this section, the term `display or sell to the
general public' means the intentional placing of an
individual's social security number, or identifying portion
thereof, in a viewable manner on a web site that makes such
information available to the general public, or otherwise
intentionally communicating an individual's social security
number, or an identifying portion thereof, to the general
public.
``(h) Nothing in this section shall be construed to limit
the use of social security numbers by the Federal Government
for governmental purposes, including any of the following
purposes:
``(1) National security.
``(2) Law enforcement.
``(3) Public health.
``(4) Federal or federally-funded research
conducted for the purposes of advancing knowledge.
``(5) When such numbers are required to be
submitted as part of the process for applying for any
type of government benefit or program.''.
(2) Section 208(a) of the Social Security Act (42 U.S.C.
408(a)) is amended--
(1) in paragraph (8), by inserting ``or'' after the
semicolon; and
(2) by inserting after paragraph (8), the following
new paragraphs:
``(9) except as provided in section 1150A(d),
knowingly and willfully displays or sells to the
general public (as defined in section 1150A(g)) any
individual's social security number, or any
identifiable derivative of such number, without the
affirmatively expressed consent (as defined in section
1150A(c)), electronically or in writing, of such
individual; or
``(10) obtains any individual's social security
number, or any identifiable derivative of such number,
for purposes of locating or identifying an individual
with the intent to physically injure, harm, or use the
identity of the individual for illegal purposes;''.
(3) The amendments made by this subsection apply
with respect to violations occurring on and after the
date that is 2 years after the date of enactment of
this Act.
(d)(1) The Comptroller General of the United States shall
conduct a study of the feasibility and advisability of imposing
additional limitations or prohibitions on the use of social
security numbers in public records.
(2) Not later than 1 year after the date of enactment of
this section, the Comptroller General shall submit to Congress
a report on the study conducted under paragraph (1). The report
shall include a detailed description of the activities and
results of the study and such recommendations for legislative
action as the Comptroller General considers appropriate.
Sec. 636. The Cuyahoga Valley National Park shall not be
redesignated as a Class I area under title I, Part C of the
Clean Air Act, 42 U.S.C. sections 7470-7479.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
drug diversion control fee account
(rescission)
Amounts otherwise available for obligation in fiscal year
2001 for the Drug Diversion Control Fee Account are reduced by
$8,000,000.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime guaranteed loan (title xi) program account
(rescission)
Of the funds provided under this heading in Public Law 104-
208, $7,644,000 are rescinded.
TITLE VIII--DEBT REDUCTION
and other matter
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit on November 1, 2000, of an additional amount
into the account established under section 3113(d) of title 31,
United States Code, to reduce the public debt, the amount equal
to the difference between $240,088,000,000 and the aggregate
amount deposited into this account in other appropriation Acts
for fiscal year 2001 enacted before such date.
general provision
Sec. 801. Beginning on the first day of the 107th
Congress, the Presiding Officer of the Senate shall apply all
of the precedents of the Senate under Rule XXVIII in effect at
the conclusion of the 103rd Congress. Further that there is now
in effect a standing order of the Senate that the reading of
conference reports, are no longer required, if the said
conference report is available in the Senate.
TITLE IX--WILDLIFE, OCEAN AND COASTAL CONSERVATION
SEC. 901. WILDLIFE CONSERVATION AND RESTORATION PLANNING.
For expenses necessary to support activities that
supplement, but not replace, existing funding available to the
States and territories from the sport fish restoration account
and wildlife restoration account and shall be used for the
development, revision, and implementation of wildlife
conservation and restoration plans and programs, $50,000,000,
to remain available until expended: Provided, That these funds
may be used by a State, territory or an Indian Tribe for the
planning and implementation of its wildlife conservation and
restoration program and wildlife conservation strategy,
including wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects:
Provided further, That the Secretary, after deducting
administrative expenses shall make the following apportionment
from the Wildlife Conservation and Restoration Account: (A) to
the District of Columbia and to the Commonwealth of Puerto
Rico, each a sum equal to not more than one-half of 1 percent
thereof; (B) to Guam, American Samoa, the Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof:
Provided further, That the Secretary shall apportion the
remaining amount in the Wildlife Conservation and Restoration
Account for each year among the States in the following manner:
(A) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and, (B) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That no State, territory or
other jurisdiction shall receive a grant unless it has
certified to the Service that it has in place, or has agreed to
develop by a mutually agreed date certain, a wildlife
conservation strategy and plan.
SEC. 902. WILDLIFE CONSERVATION AND RESTORATION.
(a) Purposes.--The purposes of this section are--
(1) to extend financial and technical assistance to
the States under the Federal Aid to Wildlife
Restoration Act for the benefit of a diverse array of
wildlife and associated habitats, including species
that are not hunted or fished, to fulfill unmet needs
of wildlife within the States in recognition of the
primary role of the States to conserve all wildlife;
(2) to assure sound conservation policies through
the development, revision, and implementation of a
comprehensive wildlife conservation and restoration
plan;
(3) to encourage State fish and wildlife agencies
to participate with the Federal Government, other State
agencies, wildlife conservation organizations and
outdoor recreation and conservation interests through
cooperative planning and implementation of this title;
and
(4) to encourage State fish and wildlife agencies
to provide for public involvement in the process of
development and implementation of a wildlife
conservation and restoration program.
(b) Reference to Law.--In this section, the term ``Federal
Aid in Wildlife Restoration Act'' means the Act of September 2,
1937 (16 U.S.C. 669 et seq.), commonly referred to as the
Federal Aid in Wildlife Restoration Act or the Pittman-
Robertson Act.
(c) Definitions.--Section 2 of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669a) is amended to read as follows:
``SEC. 2. DEFINITIONS.
``As used in this Act--
``(1) the term `conservation' means the use of
methods and procedures necessary or desirable to
sustain healthy populations of wildlife, including all
activities associated with scientific resources
management such as research, census, monitoring of
populations, acquisition, improvement and management of
habitat, live trapping and transplantation, wildlife
damage management, and periodic or total protection of
a species or population, as well as the taking of
individuals within wildlife stock or population if
permitted by applicable State and Federal law;
``(2) the term `Secretary' means the Secretary of
the Interior;
``(3) the term `State fish and game department' or
`State fish and wildlife department' means any
department or division of department of another name,
or commission, or official or officials, of a State
empowered under its laws to exercise the functions
ordinarily exercised by a State fish and game
department or State fish and wildlife department.
``(4) the term `wildlife' means any species of
wild, free-ranging fauna including fish, and also fauna
in captive breeding programs the object of which is to
reintroduce individuals of a depleted indigenous
species into previously occupied range;
``(5) the term `wildlife-associated recreation'
means projects intended to meet the demand for outdoor
activities associated with wildlife including, but not
limited to, hunting and fishing, wildlife observation
and photography, such projects as construction or
restoration of wildlife viewing areas, observation
towers, blinds, platforms, land and water trails, water
access, field trialing, trail heads, and access for
such projects;
``(6) the term `wildlife conservation and
restoration program' means a program developed by a
State fish and wildlife department and approved by the
Secretary under section 304(d), the projects that
constitute such a program, which may be implemented in
whole or part through grants and contracts by a State
to other State, Federal, or local agencies (including
those that gather, evaluate, and disseminate
information on wildlife and their habitats), wildlife
conservation organizations, and outdoor recreation and
conservation education entities from funds apportioned
under this title, and maintenance of such projects;
``(7) the term `wildlife conservation education'
means projects, including public outreach, intended to
foster responsible natural resource stewardship; and
``(8) the term `wildlife-restoration project'
includes the wildlife conservation and restoration
program and means the selection, restoration,
rehabilitation, and improvement of areas of land or
water adaptable as feeding, resting, or breeding places
for wildlife, including acquisition of such areas or
estates or interests therein as are suitable or capable
of being made suitable therefor, and the construction
thereon or therein of such works as may be necessary to
make them available for such purposes and also
including such research into problems of wildlife
management as may be necessary to efficient
administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be
incurred in and about such projects.''.
(d) Wildlife Conservation and Restoration Account.--Section
3 of the Federal Aid in Wildlife Restoration Act (16 U.S.C.
669b) is amended--
(1) in subsection (a) by inserting ``(1)'' after
``(a)'', and by adding at the end the following:
``(2) There is established in the Federal aid to
wildlife restoration fund a subaccount to be known as
the `Wildlife Conservation and Restoration Account'.
There are authorized to be appropriated for the
purposes of the Wildlife Conservation and Restoration
Account $50,000,000 in fiscal year 2001 for
apportionment in accordance with this Act to carry out
State wildlife conservation and restoration programs.
Further, interest on amounts transferred shall be
treated in a manner consistent with 16 U.S.C.
669(b)(1)).''; and
(2) by adding at the end the following:
``(c)(1) Amounts transferred to the Wildlife Conservation
and Restoration Account shall supplement, but not replace,
existing funds available to the States from the sport fish
restoration account and wildlife restoration account and shall
be used for the development, revision, and implementation of
wildlife conservation and restoration programs and should be
used to address the unmet needs for a diverse array of wildlife
and associated habitats, including species that are not hunted
or fished, for wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.
``(2) Funds may be used by a State or an Indian tribe for
the planning and implementation of its wildlife conservation
and restoration program and wildlife conservation strategy, as
provided in sections 4(d) and (e) of this Act, including
wildlife conservation, wildlife conservation education, and
wildlife-associated recreation projects. Such funds may be used
for new programs and projects as well as to enhance existing
programs and projects.
``(3) Priority for funding from the Wildlife Conservation
and Restoration Account shall be for those species with the
greatest conservation need as defined by the State wildlife
conservation and restoration program.
``(d) Notwithstanding subsections (a) and (b) of this
section, with respect to amounts transferred to the Wildlife
Conservation and Restoration Account, so much of such amounts
apportioned to any State for any fiscal year as remains
unexpended at the close thereof shall remain available for
obligation in that State until the close of the second
succeeding fiscal year.''.
(e) Apportionments of Amounts.--Section 4 of the Federal
Aid in Wildlife Restoration Act (16 U.S.C. 669c) is amended by
adding at the end the following new subsection:
``(c) Apportionment of Wildlife Conservation and
Restoration Account.--
``(1) The Secretary of the Interior shall make the
following apportionment from the Wildlife Conservation
and Restoration Account:
``(A) to the District of Columbia and to
the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent
thereof;
``(B) to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof.
``(2)(A) The Secretary of the Interior, after
making the apportionment under paragraph (1), shall
apportion the remaining amount in the Wildlife
Conservation and Restoration Account for each fiscal
year among the States in the following manner:
``(i) one-third of which is based on the
ratio to which the land area of such State
bears to the total land area of all such
States; and
``(ii) two-thirds of which is based on the
ratio to which the population of such State
bears to the total population of all such
States.
``(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State shall
be apportioned a sum which is less than one percent of
the amount available for apportionment under this
paragraph for any fiscal year or more than five percent
of such amount.
``(3) Of the amounts transferred to the Wildlife
Conservation and Restoration Account, not to exceed 3
percent shall be available for any Federal expenses
incurred in the administration and execution of
programs carried out with such amounts.
``(d) Wildlife Conservation and Restoration Programs.--
``(1) Any State, through its fish and wildlife
department, may apply to the Secretary of the Interior
for approval of a wildlife conservation and restoration
program, or for funds from the Wildlife Conservation
and Restoration Account, to develop a program. To
apply, a State shall submit a comprehensive plan that
includes--
``(A) provisions vesting in the fish and
wildlife department of the State overall
responsibility and accountability for the
program;
``(B) provisions for the development and
implementation of--
``(i) wildlife conservation
projects that expand and support
existing wildlife programs, giving
appropriate consideration to all
wildlife;
``(ii) wildlife-associated
recreation projects; and
``(iii) wildlife conservation
education projects pursuant to programs
under section 8(a); and
``(C) provisions to ensure public
participation in the development, revision, and
implementation of projects and programs
required under this paragraph.
``(D) Wildlife conservation strategy.--
Within five years of the date of the initial
apportionment, develop and begin implementation
of a wildlife conservation strategy based upon
the best available and appropriate scientific
information and data that--
``(i) uses such information on the
distribution and abundance of species
of wildlife, including low population
and declining species as the State fish
and wildlife department deems
appropriate, that are indicative of the
diversity and health of wildlife of the
State;
``(ii) identifies the extent and
condition of wildlife habitats and
community types essential to
conservation of species identified
under paragraph (1);
``(iii) identifies the problems
which may adversely affect the species
identified under paragraph (1) or their
habitats, and provides for priority
research and surveys to identify
factors which may assist in restoration
and more effective conservation of such
species and their habitats;
``(iv) determines those actions
which should be taken to conserve the
species identified under paragraph (1)
and their habitats and establishes
priorities for implementing such
conservation actions;
``(v) provides for periodic
monitoring of species identified under
paragraph (1) and their habitats and
the effectiveness of the conservation
actions determined under paragraph (4),
and for adapting conservation actions
as appropriate to respond to new
information or changing conditions;
``(vi) provides for the review of
the State wildlife conservation
strategy and, if appropriate, revision
at intervals of not more than ten
years;
``(vii) provides for coordination
to the extent feasible the State fish
and wildlife department, during the
development, implementation, review,
and revision of the wildlife
conservation strategy, with Federal,
State, and local agencies and Indian
tribes that manage significant areas of
land or water within the State, or
administer programs that significantly
affect the conservation of species
identified under paragraph (1) or their
habitats.
``(2) A State shall provide an opportunity for
public participation in the development of the
comprehensive plan required under paragraph (1).
``(3) If the Secretary finds that the comprehensive
plan submitted by a State complies with paragraph (1),
the Secretary shall approve the wildlife conservation
and restoration program of the State and set aside from
the apportionment to the State made pursuant to
subsection (c) an amount that shall not exceed 75
percent of the estimated cost of developing and
implementing the program.
``(4)(A) Except as provided in subparagraph (B),
after the Secretary approves a State's wildlife
conservation and restoration program, the Secretary may
make payments on a project that is a segment of the
State's wildlife conservation and restoration program
as the project progresses. Such payments, including
previous payments on the project, if any, shall not be
more than the United States pro rata share of such
project. The Secretary, under such regulations as he
may prescribe, may advance funds representing the
United States pro rata share of a project that is a
segment of a wildlife conservation and restoration
program, including funds to develop such program.
``(B) Not more than 10 percent of the amounts
apportioned to each State under this section for a
State's wildlife conservation and restoration program
may be used for wildlife-associated recreation.
``(5) For purposes of this subsection, the term
`State' shall include the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.''.
(f) FACA.--Coordination with State fish and wildlife agency
personnel or with personnel of other State agencies pursuant to
the Federal Aid in Wildlife Restoration Act or the Federal Aid
in Sport Fish Restoration Act shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.). Except for the
preceding sentence, the provisions of this title relate solely
to wildlife conservation and restoration programs and shall not
be construed to affect the provisions of the Federal Aid in
Wildlife Restoration Act relating to wildlife restoration
projects or the provisions of the Federal Aid in Sport Fish
Restoration Act relating to fish restoration and management
projects.
(g) Education.--Section 8(a) of the Federal Aid in Wildlife
Restoration Act (16 U.S.C. 669g(a)) is amended by adding the
following at the end thereof: ``Funds from the Wildlife
Conservation and Restoration Account may be used for a wildlife
conservation education program, except that no such funds may
be used for education efforts, projects, or programs that
promote or encourage opposition to the regulated taking of
wildlife.''.
(h) Prohibition Against Diversion.--No designated State
agency shall be eligible to receive matching funds under this
title if sources of revenue available to it after January 1,
2000, for conservation of wildlife are diverted for any purpose
other than the administration of the designated State agency,
it being the intention of Congress that funds available to
States under this title be added to revenues from existing
State sources and not serve as a substitute for revenues from
such sources. Such revenues shall include interest, dividends,
or other income earned on the foregoing.
(i) North American Wetlands Conservation Act.--Section 7(c)
of the North American Wetlands Conservation Act (16 U.S.C.
4406(c)) is amended by striking ``$30,000,000'' and inserting
``$50,000,000''.
SEC. 903. COASTAL IMPACT ASSISTANCE.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) is amended by adding at the end the following:
``SEC. 31. COASTAL IMPACT ASSISTANCE.
``Nothing in this section shall be construed as a
permanent authorization.
``(a) Definitions.--When used in this section--
``(1) The term `coastal political subdivision'
means a county, parish, or any equivalent subdivision
of a Producing Coastal State all or part of which
subdivision lies within the coastal zone (as defined in
section 304(1) of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453(1)).
``(2) The term `coastal population' means the
population of all political subdivisions, as determined
by the most recent official data of the Census Bureau,
contained in whole or in part within the designated
coastal boundary of a State as defined in a State's
coastal zone management program under the Coastal Zone
Management Act (16 U.S.C. 1451 et seq.).
``(3) The term `Coastal State' has the same meaning
as provided by subsection 304(4) of the Coastal Zone
Management Act (16 U.S.C. 1453(4)).
``(4) The term `coastline' has the same meaning as
the term `coast line' as defined in subsection 2(c) of
the Submerged Lands Act (43 U.S.C. 1301(c)).
``(5) The term `distance' means minimum great
circle distance, measured in statute miles.
``(6) The term `leased tract' means a tract
maintained under section 6 or leased under section 8
for the purpose of drilling for, developing, and
producing oil and natural gas resources.
``(7) The term `Producing Coastal State' means a
Coastal State with a coastal seaward boundary within
200 miles from the geographic center of a leased tract
other than a leased tract within any area of the Outer
Continental Shelf where a moratorium on new leasing was
in effect as of January 1, 2000, unless the lease was
issued prior to the establishment of the moratorium and
was in production on January 1, 2000.
``(8) The term `qualified Outer Continental Shelf
revenues' means all amounts received by the United
States from each leased tract or portion of a leased
tract lying seaward of the zone defined and governed by
section 8(g) of this Act, or lying within such zone but
to which section 8(g) does not apply, the geographic
center of which lies within a distance of 200 miles
from any part of the coastline of any Coastal State,
including bonus bids, rents, royalties (including
payments for royalties taken in kind and sold), net
profit share payments, and related late payment
interest. Such term does not include any revenues from
a leased tract or portion of a leased tract that is
included within any area of the Outer Continental Shelf
where a moratorium on new leasing was in effect as of
January 1, 2000, unless the lease was issued prior to
the establishment of the moratorium and was in
production on January 1, 2000.
``(9) The term `Secretary' means Secretary of Commerce.
``(b) Authorization.--For fiscal year 2001, $150,000,000 is
authorized to be appropriated for the purposes of this section.
``(c) Impact Assistance Payments to States and Political
Subdivisions.--The Secretary shall make payments from the
amounts available under this section to Producing Coastal
States with an approved Coastal Impact Assistance Plan, and to
coastal political subdivisions as follows:
``(1) Allocations to producing coastal states.--In
each fiscal year, each Producing Coastal State's
allocable share shall be equal to the sum of the
following:
``(A) 60 percent of the amounts
appropriated shall be equally divided among all
Producing Coastal States;
``(B) 40 percent of the amounts
appropriated for the purposes of this section
shall be divided among Producing Coastal States
based on Outer Continental Shelf production,
except that of such amounts no Producing
Coastal State may receive more than 25 percent
in any fiscal year.
``(2) Calculation.--The amount for each Producing
Coastal State under paragraph (1)(B) shall be
calculated based on the ratio of qualified OCS revenues
generated off the coastline of the Producing Coastal
State to the qualified OCS revenues generated off the
coastlines of all Producing Coastal States for the
period beginning on January 1, 1995 and ending on
December 31, 2000. Where there is more than one
Producing Coastal State within 200 miles of a leased
tract, the amount of each Producing Coastal State's
payment under paragraph (1)(B) for such leased tract
shall be inversely proportional to the distance between
the nearest point on the coastline of such State and
the geographic center of each leased tract or portion
of the leased tract (to the nearest whole mile) that is
within 200 miles of that coastline, as determined by
the Secretary. A leased tract or portion of a leased
tract shall be excluded if the tract or portion is
located in a geographic area where a moratorium on new
leasing was in effect on January 1, 2000, unless the
lease was issued prior to the establishment of the
moratorium and was in production on January 1, 2000.
``(3) Payments to coastal political subdivisions.--
Thirty-five percent of each Producing Coastal State's
allocable share as determined under paragraph (1) shall
be paid directly to the coastal political subdivisions
by the Secretary based on the following formula, except
that a coastal political subdivision in the State of
California that has a coastal shoreline, that is not
within 200 miles of the geographic center of a leased
tract or portion of a leased tract, and in which there
is located one or more oil refineries shall be eligible
for that portion of the allocation described in
paragraph (C) in the same manner as if that political
subdivision were located within a distance of 50 miles
from the geographic center of the closest leased tract
with qualified Outer Continental Shelf revenues:
``(A) 25 percent shall be allocated based
on the ratio of such coastal political
subdivision's coastal population to the coastal
population of all coastal political
subdivisions in the Producing Coastal State.
``(B) 25 percent shall be allocated based
on the ratio of such coastal political
subdivision's coastline miles to the coastline
miles of all coastal political subdivisions in
the Producing Coastal State.
``(C) 50 percent shall be allocated based
on the relative distance of such coastal
political subdivision from any leased tract
used to calculate that Producing Coastal
State's allocation using ratios that are
inversely proportional to the distance between
the point in the coastal political subdivision
closest to the geographic center of each leased
tract or portion, as determined by the
Secretary. For purposes of the calculations
under this subparagraph, a leased tract or
portion of a leased tract shall be excluded if
the leased tract or portion is located in a
geographic area where a moratorium on new
leasing was in effect on January 1, 2000,
unless the lease was issued prior to the
establishment of the moratorium and was in
production on January 1, 2000.
``(4) Failure to have plan approved.--Any amount
allocated to a Producing Coastal State or coastal
political subdivision but not disbursed because of a
failure to have an approved Coastal Impact Assistance
Plan under this section shall be allocated equally by
the Secretary among all other Producing Coastal States
in a manner consistent with this subsection except that
the Secretary shall hold in escrow such amount until
the final resolution of any appeal regarding the
disapproval of a plan submitted under this section. The
Secretary may waive the provisions of this paragraph
and hold a Producing Coastal State's allocable share in
escrow if the Secretary determines that such State is
making a good faith effort to develop and submit, or
update, a Coastal Impact Assistance Plan.
``(d) Coastal Impact Assistance Plan.--
``(1) Development and submission of state plans.--
The Governor of each Producing Coastal State shall
prepare, and submit to the Secretary, a Coastal Impact
Assistance Plan. The Governor shall solicit local input
and shall provide for public participation in the
development of the plan. The plan shall be submitted to
the Secretary by July 1, 2001. Amounts received by
Producing Coastal States and coastal political
subdivisions may be used only for the purposes
specified in the Producing Coastal State's Coastal
Impact Assistance Plan.
``(2) Approval.--The Secretary shall approve a plan
under paragraph (1) prior to disbursement of amounts
under this section. The Secretary shall approve the
plan if the Secretary determines that the plan is
consistent with the uses set forth in subsection (e)
and if the plan contains each of the following:
``(A) The name of the State agency that
will have the authority to represent and act
for the State in dealing with the Secretary for
purposes of this section.
``(B) A program for the implementation of
the plan which describes how the amounts
provided under this section will be used.
``(C) A contact for each political
subdivision and description of how coastal
political subdivisions will use amounts
provided under this section, including a
certification by the Governor that such uses
are consistent with the requirements of this
section.
``(D) Certification by the Governor that
ample opportunity has been accorded for public
participation in the development and revision
of the plan.
``(E) Measures for taking into account
other relevant Federal resources and programs.
``(3) Procedure.--The Secretary shall approve or
disapprove each plan or amendment within 90 days of its
submission.
``(4) Amendment.--Any amendment to the plan shall
be prepared in accordance with the requirements of this
subsection and shall be submitted to the Secretary for
approval or disapproval.
``(e) Authorized Uses.--Producing Coastal States and
coastal political subdivisions shall use amounts provided under
this section, including any such amounts deposited in a State
or coastal political subdivision administered trust fund
dedicated to uses consistent with this subsection, in
compliance with Federal and State law and only for one or more
of the following purposes:
``(1) uses set forth in new section 32(c)(4) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) proposed by the amendment to H.R. 701 of the
106th Congress as reported by the Senate Committee on
Energy and Natural Resources;
``(2) projects and activities for the conservation,
protection or restoration of wetlands;
``(3) mitigating damage to fish, wildlife or
natural resources, including such activities authorized
under subtitle B of title IV of the Oil Pollution Act
of 1990 (33 U.S.C. 1321(c), (d));
``(4) planning assistance and administrative costs
of complying with the provisions of this section;
``(5) implementation of Federally approved marine,
coastal, or comprehensive conservation management
plans; and
``(6) mitigating impacts of Outer Continental Shelf
activities through funding of (A) onshore
infrastructure projects and (B) other public service
needs intended to mitigate the environmental effects of
Outer Continental Shelf activities: Provided, That
funds made available under this paragraph shall not
exceed 23 percent of the funds provided under this
section.
``(f) Compliance With Authorized Uses.--If the Secretary
determines that any expenditure made by a Producing Coastal
State or coastal political subdivision is not consistent with
the uses authorized in subsection (e), the Secretary shall not
disburse any further amounts under this section to that
Producing Coastal State or coastal political subdivision until
the amounts used for the inconsistent expenditure have been
repaid or obligated for authorized uses.''.
TITLE X--LOCAL TV ACT
SECTION 1001. SHORT TITLE.
This title may be cited as the ``Launching Our Communities'
Access to Local Television Act of 2000''.
SEC. 1002. PURPOSE.
The purpose of this Act is to facilitate access, on a
technologically neutral basis and by December 31, 2006, to
signals of local television stations for households located in
nonserved areas and underserved areas.
SEC. 1003. LOCAL TELEVISION LOAN GUARANTEE BOARD.
(a) Establishment.--There is established the LOCAL
Television Loan Guarantee Board (in this Act referred to as the
``Board'').
(b) Members.--
(1) In general.--Subject to paragraph (2), the
Board shall consist of the following members:
(A) The Secretary of the Treasury, or the
designee of the Secretary.
(B) The Chairman of the Board of Governors
of the Federal Reserve System, or the designee
of the Chairman.
(C) The Secretary of Agriculture, or the
designee of the Secretary.
(D) The Secretary of Commerce, or the
designee of the Secretary.
(2) Requirement as to designees.--An individual may
not be designated a member of the Board under paragraph
(1) unless the individual is an officer of the United
States pursuant to an appointment by the President, by
and with the advice and consent of the Senate.
(c) Functions of the Board.--
(1) In general.--The Board shall determine whether
or not to approve loan guarantees under this Act. The
Board shall make such determinations consistent with
the purpose of this Act and in accordance with this
subsection and section 4.
(2) Consultation authorized.--
(A) In general.--In carrying out its
functions under this Act, the Board shall
consult with such departments and agencies of
the Federal Government as the Board considers
appropriate, including the Department of
Commerce, the Department of Agriculture, the
Department of the Treasury, the Department of
Justice, the Department of the Interior, the
Board of Governors of the Federal Reserve
System, the Federal Communications Commission,
the Federal Trade Commission, and the National
Aeronautics and Space Administration.
(B) Response.--A department or agency
consulted by the Board under subparagraph (A)
shall provide the Board such expertise and
assistance as the Board requires to carry out
its functions under this Act.
(3) Approval by majority vote.--The determination
of the Board to approve a loan guarantee under this Act
shall be by an affirmative vote of not less than 3
members of the Board.
SEC. 1004. APPROVAL OF LOAN GUARANTEES.
(a) Authority To Approve Loan Guarantees.--Subject to the
provisions of this section and consistent with the purpose of
this Act, the Board may approve loan guarantees under this Act.
(b) Regulations.--
(1) Requirements.--The Administrator (as defined in
section 5), under the direction of and for approval by
the Board, shall prescribe regulations to implement the
provisions of this Act and shall do so not later than
120 days after funds authorized to be appropriated
under section 11 have been appropriated in a bill
signed into law.
(2) Elements.--The regulations prescribed under
paragraph (1) shall--
(A) set forth the form of any application
to be submitted to the Board under this Act;
(B) set forth time periods for the review
and consideration by the Board of applications
to be submitted to the Board under this Act,
and for any other action to be taken by the
Board with respect to such applications;
(C) provide appropriate safeguards against
the evasion of the provisions of this Act;
(D) set forth the circumstances in which an
applicant, together with any affiliate of an
applicant, shall be treated as an applicant for
a loan guarantee under this Act;
(E) include requirements that appropriate
parties submit to the Board any documents and
assurances that are required for the
administration of the provisions of this Act;
and
(F) include such other provisions
consistent with the purpose of this Act as the
Board considers appropriate.
(3) Construction.--(A) Nothing in this Act shall be
construed to prohibit the Board from requiring, to the
extent and under circumstances considered appropriate
by the Board, that affiliates of an applicant be
subject to certain obligations of the applicant as a
condition to the approval or maintenance of a loan
guarantee under this Act.
(B) If any provision of this Act or the application
of such provision to any person or entity or
circumstance is held to be invalid by a court of
competent jurisdiction, the remainder of this Act, or
the application of such provision to such person or
entity or circumstance other than those as to which it
is held invalid, shall not be affected thereby.
(c) Authority Limited by Appropriations Acts.--The Board
may approve loan guarantees under this Act only to the extent
provided for in advance in appropriations Acts, and the Board
may accept credit risk premiums from a non-Federal source in
order to cover the cost of a loan guarantee under this Act, to
the extent that appropriations of budget authority are
insufficient to cover such costs.
(d) Requirements and Criteria Applicable to Approval.--
(1) In general.--The Board shall utilize the
underwriting criteria developed under subsection (g),
and any relevant information provided by the
departments and agencies with which the Board consults
under section 3, to determine which loans may be
eligible for a loan guarantee under this Act.
(2) Prerequisites.--In addition to meeting the
underwriting criteria under paragraph (1), a loan may
not be guaranteed under this Act unless--
(A) the loan is made to finance the
acquisition, improvement, enhancement,
construction, deployment, launch, or
rehabilitation of the means by which local
television broadcast signals will be delivered
to a nonserved area or underserved area;
(B) the proceeds of the loan will not be
used for operating, advertising, or promotion
expenses, or for the acquisition of licenses
for the use of spectrum in any competitive
bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j));
(C) the proposed project, as determined by
the Board in consultation with the National
Telecommunications and Information
Administration, is not likely to have a
substantial adverse impact on competition that
outweighs the benefits of improving access to
the signals of a local television station in a
nonserved area or underserved area and is
commercially viable;
(D)(i) the loan--
(I) is provided by any entity
engaged in the business of commercial
lending--
(aa) if the loan is made in
accordance with loan-to-one-
borrower and affiliate
transaction restrictions to
which the entity is subject
under applicable law; or
(bb) if item (aa) does not
apply, the loan is made only to
a borrower that is not an
affiliate of the entity and
only if the amount of the loan
and all outstanding loans by
that entity to that borrower
and any of its affiliates does
not exceed 10 percent of the
net equity of the entity; or
(II) is provided by a nonprofit
corporation, including the National
Rural Utilities Cooperative Finance
Corporation, engaged primarily in
commercial lending, if the Board
determines that such nonprofit
corporation has one or more issues of
outstanding long-term debt that is
rated within the highest 3 rating
categories of a nationally recognized
statistical rating organization;
(ii) if the loan is provided by a lender
described in clause (i)(II) and the Board
determines that the making of the loan by such
lender will cause a decline in such lender's
debt rating as described in that clause, the
Board at its discretion may disapprove the loan
guarantee on this basis;
(iii) no loan may be made for purposes of
this Act by a governmental entity or affiliate
thereof, or by the Federal Agricultural
Mortgage Corporation, or any institution
supervised by the Office of Federal Housing
Enterprise Oversight, the Federal Housing
Finance Board, or any affiliate of such
entities;
(iv) any loan must have terms, in the
judgment of the Board, that are consistent in
material respects with the terms of similar
obligations in the private capital market;
(v) for purposes of clause (i)(I)(bb), the
term ``net equity'' means the value of the
total assets of the entity, less the total
liabilities of the entity, as recorded under
generally accepted accounting principles for
the fiscal quarter ended immediately prior to
the date on which the subject loan is approved;
(E) repayment of the loan is required to be
made within a term of the lesser of--
(i) 25 years from the date of the
execution of the loan; or
(ii) the economically useful life,
as determined by the Board or in
consultation with persons or entities
deemed appropriate by the Board, of the
primary assets to be used in the
delivery of the signals concerned; and
(F) the loan meets any additional criteria
developed under subsection (g).
(3) Protection of united states financial
interests.--The Board may not approve the guarantee of
a loan under this Act unless--
(A) the Board has been given documentation,
assurances, and access to information, persons,
and entities necessary, as determined by the
Board, to address issues relevant to the review
of the loan by the Board for purposes of this
Act; and
(B) the Board makes a determination in
writing that--
(i) to the best of its knowledge
upon due inquiry, the assets,
facilities, or equipment covered by the
loan will be utilized economically and
efficiently;
(ii) the terms, conditions,
security, and schedule and amount of
repayments of principal and the payment
of interest with respect to the loan
protect the financial interests of the
United States and are reasonable;
(iii) the value of collateral
provided by an applicant is at least
equal to the unpaid balance of the loan
amount covered by the loan guarantee
(the ``Amount'' for purposes of this
clause); and if the value of collateral
provided by an applicant is less than
the Amount, the additional required
collateral is provided by any affiliate
of the applicant;
(iv) all necessary and required
regulatory and other approvals,
spectrum licenses, and delivery
permissions have been received for the
loan and the project under the loan;
(v) the loan would not be available
on reasonable terms and conditions
without a loan guarantee under this
Act; and
(vi) repayment of the loan can
reasonably be expected.
(e) Considerations.--
(1) Type of market.--
(A) Priority considerations.--To the
maximum extent practicable, the Board shall
give priority in the approval of loan
guarantees under this Act in the following
order:
(i) First, to projects that will
serve households in nonserved areas. In
considering such projects, the Board
shall balance projects that will serve
the largest number of households with
projects that will serve remote,
isolated communities (including
noncontiguous States) in areas that are
unlikely to be served through market
mechanisms.
(ii) Second, to projects that will
serve households in underserved areas.
In considering such projects, the Board
shall balance projects that will serve
the largest number of households with
projects that will serve remote,
isolated communities (including
noncontiguous States) in areas that are
unlikely to be served through market
mechanisms.
Within each category, the Board shall consider
the project's estimated cost per household and
shall give priority to those projects that
provide the highest quality service at the
lowest cost per household.
(B) Additional consideration.--The Board
should give additional consideration to
projects that also provide high-speed Internet
service.
(C) Prohibitions.--The Board may not
approve a loan guarantee under this Act for a
project that--
(i) is designed primarily to serve
1 or more of the top 40 designated
market areas (as that term is defined
in section 122(j) of title 17, United
States Code); or
(ii) would alter or remove National
Weather Service warnings from local
broadcast signals.
(2) Other considerations.--The Board shall consider
other factors, which shall include projects that
would--
(A) offer a separate tier of local
broadcast signals, but for applicable Federal,
State, or local laws or regulations;
(B) provide lower projected costs to
consumers of such separate tier; and
(C) enable the delivery of local broadcast
signals consistent with the purpose of this Act
by a means reasonably compatible with existing
systems or devices predominantly in use.
(3) Further consideration.--In implementing this
Act, the Board shall support the use of loan guarantees
for projects that would serve households not likely to
be served in the absence of loan guarantees under this
Act.
(f) Guarantee Limits.--
(1) Limitation on aggregate value of loans.--The
aggregate value of all loans for which loan guarantees
are issued under this Act (including the unguaranteed
portion of such loans) may not exceed $1,250,000,000.
(2) Guarantee level.--A loan guarantee issued under
this Act may not exceed an amount equal to 80 percent
of a loan meeting in its entirety the requirements of
subsection (d)(2)(A). If only a portion of a loan meets
the requirements of that subsection, the Board shall
determine that percentage of the loan meeting such
requirements (the ``applicable portion'') and may issue
a loan guarantee in an amount not exceeding 80 percent
of the applicable portion.
(g) Underwriting Criteria.--Within the period provided for
under subsection (b)(1), the Board shall, in consultation with
the Director of the Office of Management and Budget and an
independent public accounting firm, develop underwriting
criteria relating to the guarantee of loans that are consistent
with the purpose of this Act, including appropriate collateral
and cash flow levels for loans guaranteed under this Act, and
such other matters as the Board considers appropriate.
(h) Credit Risk Premiums.--
(1) Establishment and acceptance.--
(A) In general.--The Board may establish
and approve the acceptance of credit risk
premiums with respect to a loan guarantee under
this Act in order to cover the cost, as defined
in section 502(5) of the Federal Credit Reform
Act of 1990, of the loan guarantee. To the
extent that appropriations of budget authority
are insufficient to cover the cost, as so
determined, of a loan guarantee under this Act,
credit risk premiums shall be accepted from a
non-Federal source under this subsection on
behalf of the applicant for the loan guarantee.
(B) Authority limited by appropriations
acts.--Credit risk premiums under this
subsection shall be imposed only to the extent
provided for in advance in appropriations Acts.
(2) Credit risk premium amount.--
(A) In general.--The Board shall determine
the amount of any credit risk premium to be
accepted with respect to a loan guarantee under
this Act on the basis of--
(i) the financial and economic
circumstances of the applicant for the
loan guarantee, including the amount of
collateral offered;
(ii) the proposed schedule of loan
disbursements;
(iii) the business plans of the
applicant for providing service;
(iv) any financial commitment from
a broadcast signal provider; and
(v) the concurrence of the Director
of the Office of Management and Budget
as to the amount of the credit risk
premium.
(B) Proportionality.--To the extent that
appropriations of budget authority are
sufficient to cover the cost, as determined
under section 502(5) of the Federal Credit
Reform Act of 1990, of loan guarantees under
this Act, the credit risk premium with respect
to each loan guarantee shall be reduced
proportionately.
(C) Payment of premiums.--Credit risk
premiums under this subsection shall be paid to
an account (the ``Escrow Account'') established
in the Treasury which shall accrue interest and
such interest shall be retained by the account,
subject to subparagraph (D).
(D) Deductions from escrow account.--If a
default occurs with respect to any loan
guaranteed under this Act and the default is
not cured in accordance with the terms of the
underlying loan or loan guarantee agreement,
the Administrator, in accordance with
subsections (i) and (j) of section 5, shall
liquidate, or shall cause to be liquidated, all
assets collateralizing such loan as to which it
has a lien or security interest. Any shortfall
between the proceeds of the liquidation net of
costs and expenses relating to the liquidation,
and the guarantee amount paid pursuant to this
Act shall be deducted from funds in the Escrow
Account and credited to the Administrator for
payment of such shortfall. At such time as
determined under subsection (d)(2)(E) of this
section when all loans guaranteed under this
Act have been repaid or otherwise satisfied in
accordance with this Act and the regulations
promulgated hereunder, remaining funds in the
Escrow Account, if any, shall be refunded, on a
pro rata basis, to applicants whose loans
guaranteed under this Act were not in default,
or where any default was cured in accordance
with the terms of the underlying loan or loan
guarantee agreement.
(i) Limitations on Guarantees for Certain Cable
Operators.--Notwithstanding any other provision of this Act, no
loan guarantee under this Act may be granted or used to provide
funds for a project that extends, upgrades, or enhances the
services provided over any cable system to an area that, as of
the date of the enactment of this Act, is covered by a cable
franchise agreement that expressly obligates a cable system
operator to serve such area.
(j) Judicial Review.--The decision of the Board to approve
or disapprove the making of a loan guarantee under this Act
shall not be subject to judicial review.
(k) Applicability of APA.--Except as otherwise provided in
subsection (j), the provisions of subchapter II of chapter 5
and chapter 7 of title 5, United States Code (commonly referred
to as the Administrative Procedure Act), shall apply to actions
taken under this Act.
SEC. 1005. ADMINISTRATION OF LOAN GUARANTEES.
(a) In General.--The Administrator of the Rural Utilities
Service (in this Act referred to as the ``Administrator'')
shall issue and otherwise administer loan guarantees that have
been approved by the Board in accordance with sections 3 and 4.
(b) Security for Protection of United States Financial
Interests.--
(1) Terms and conditions.--An applicant shall agree
to such terms and conditions as are satisfactory, in
the judgment of the Board, to ensure that, as long as
any principal or interest is due and payable on a loan
guaranteed under this Act, the applicant--
(A) shall maintain assets, equipment,
facilities, and operations on a continuing
basis;
(B) shall not make any discretionary
dividend payments that impair its ability to
repay obligations guaranteed under this Act;
(C) shall remain sufficiently capitalized;
and
(D) shall submit to, and cooperate fully
with, any audit of the applicant under section
6(a)(2).
(2) Collateral.--
(A) Existence of adequate collateral.--An
applicant shall provide the Board such
documentation as is necessary, in the judgment
of the Board, to provide satisfactory evidence
that appropriate and adequate collateral
secures a loan guaranteed under this Act.
(B) Form of collateral.--Collateral
required by subparagraph (A) shall consist
solely of assets of the applicant, any
affiliate of the applicant, or both (whichever
the Board considers appropriate), including
primary assets to be used in the delivery of
signals for which the loan is guaranteed.
(C) Review of valuation.--The value of
collateral securing a loan guaranteed under
this Act may be reviewed by the Board, and may
be adjusted downward by the Board if the Board
reasonably believes such adjustment is
appropriate.
(3) Lien on interests in assets.--Upon the Board's
approval of a loan guarantee under this Act, the
Administrator shall have liens on assets securing the
loan, which shall be superior to all other liens on
such assets, and the value of the assets (based on a
determination satisfactory to the Board) subject to the
liens shall be at least equal to the unpaid balance of
the loan amount covered by the loan guarantee, or that
value approved by the Board under section
4(d)(3)(B)(iii).
(4) Perfected security interest.--With respect to a
loan guaranteed under this Act, the Administrator and
the lender shall have a perfected security interest in
assets securing the loan that are fully sufficient to
protect the financial interests of the United States
and the lender.
(5) Insurance.--In accordance with practices in the
private capital market, as determined by the Board, the
applicant for a loan guarantee under this Act shall
obtain, at its expense, insurance sufficient to protect
the financial interests of the United States, as
determined by the Board.
(c) Assignment of Loan Guarantees.--The holder of a loan
guarantee under this Act may assign the loan guaranteed under
this Act in whole or in part, subject to such requirements as
the Board may prescribe.
(d) Expiration of Loan Guarantee Upon Stripping.--
Notwithstanding subsections (c), (e), and (h), a loan guarantee
under this Act shall have no force or effect if any part of the
guaranteed portion of the loan is transferred separate and
apart from the unguaranteed portion of the loan.
(e) Adjustment.--The Board may approve the adjustment of
any term or condition of a loan guarantee or a loan guaranteed
under this Act, including the rate of interest, time of payment
of principal or interest, or security requirements only if--
(1) the adjustment is consistent with the financial
interests of the United States;
(2) consent has been obtained from the parties to
the loan agreement;
(3) the adjustment is consistent with the
underwriting criteria developed under section 4(g);
(4) the adjustment does not adversely affect the
interest of the Federal Government in the assets or
collateral of the applicant;
(5) the adjustment does not adversely affect the
ability of the applicant to repay the loan; and
(6) the National Telecommunications and Information
Administration has been consulted by the Board
regarding the adjustment.
(f) Performance Schedules.--
(1) Performance schedules.--An applicant for a loan
guarantee under this Act for a project covered by
section 4(e)(1) shall enter into stipulated performance
schedules with the Administrator with respect to the
signals to be provided through the project.
(2) Penalty.--The Administrator may assess against
and collect from an applicant described in paragraph
(1) a penalty not to exceed 3 times the interest due on
the guaranteed loan of the applicant under this Act if
the applicant fails to meet its stipulated performance
schedule under that paragraph.
(g) Compliance.--The Administrator, in cooperation with the
Board and as the regulations of the Board may provide, shall
enforce compliance by an applicant, and any other party to a
loan guarantee for whose benefit assistance under this Act is
intended, with the provisions of this Act, any regulations
under this Act, and the terms and conditions of the loan
guarantee, including through the submittal of such reports and
documents as the Board may require in regulations prescribed by
the Board and through regular periodic inspections and audits.
(h) Commercial Validity.--A loan guarantee under this Act
shall be incontestable--
(1) in the hands of an applicant on whose behalf
the loan guarantee is made, unless the applicant
engaged in fraud or misrepresentation in securing the
loan guarantee; and
(2) as to any person or entity (or their respective
successor in interest) who makes or contracts to make a
loan to the applicant for the loan guarantee in
reliance thereon, unless such person or entity (or
respective successor in interest) engaged in fraud or
misrepresentation in making or contracting to make such
loan.
(i) Defaults.--The Board shall prescribe regulations
governing defaults on loans guaranteed under this Act,
including the administration of the payment of guaranteed
amounts upon default.
(j) Recovery of Payments.--
(1) In general.--The Administrator shall be
entitled to recover from an applicant for a loan
guarantee under this Act the amount of any payment made
to the holder of the guarantee with respect to the
loan.
(2) Subrogation.--Upon making a payment described
in paragraph (1), the Administrator shall be subrogated
to all rights of the party to whom the payment is made
with respect to the guarantee which was the basis for
the payment.
(3) Disposition of property.--
(A) Sale or disposal.--The Administrator
shall, in an orderly and efficient manner, sell
or otherwise dispose of any property or other
interests obtained under this Act in a manner
that maximizes taxpayer return and is
consistent with the financial interests of the
United States.
(B) Maintenance.--The Administrator shall
maintain in a cost-effective and reasonable
manner any property or other interests pending
sale or disposal of such property or other
interests under subparagraph (A).
(k) Action Against Obligor.--
(1) Authority to bring civil action.--The
Administrator may bring a civil action in an
appropriate district court of the United States in the
name of the United States or of the holder of the
obligation in the event of a default on a loan
guaranteed under this Act. The holder of a loan
guarantee shall make available to the Administrator all
records and evidence necessary to prosecute the civil
action.
(2) Fully satisfying obligations owed the united
states.--The Administrator may accept property in
satisfaction of any sums owed the United States as a
result of a default on a loan guaranteed under this
Act, but only to the extent that any cash accepted by
the Administrator is not sufficient to satisfy fully
the sums owed as a result of the default.
(l) Breach of Conditions.--The Administrator shall commence
a civil action in a court of appropriate jurisdiction to enjoin
any activity which the Board finds is in violation of this Act,
the regulations under this Act, or any conditions which were
duly agreed to, and to secure any other appropriate relief,
including relief against any affiliate of the applicant.
(m) Attachment.--No attachment or execution may be issued
against the Administrator or any property in the control of the
Administrator pursuant to this Act before the entry of a final
judgment (as to which all rights of appeal have expired) by a
Federal, State, or other court of competent jurisdiction
against the Administrator in a proceeding for such action.
(n) Fees.--
(1) Application fee.--The Board shall charge and
collect from an applicant for a loan guarantee under
this Act a fee to cover the cost of the Board in making
necessary determinations and findings with respect to
the loan guarantee application under this Act. The
amount of the fee shall be reasonable.
(2) Loan guarantee origination fee.--The Board
shall charge, and the Administrator may collect, a loan
guarantee origination fee with respect to the issuance
of a loan guarantee under this Act.
(3) Use of fees collected.--
(A) In general.--Any fee collected under
this subsection shall be used, subject to
subparagraph (B), to offset administrative
costs under this Act, including costs of the
Board and of the Administrator.
(B) Subject to appropriations.--The
authority provided by this subsection shall be
effective only to such extent or in such
amounts as are provided in advance in
appropriations Acts.
(C) Limitation on fees.--The aggregate
amount of fees imposed by this subsection shall
not exceed the actual amount of administrative
costs under this Act.
(o) Requirements Relating to Affiliates.--
(1) Indemnification.--The United States shall be
indemnified by any affiliate (acceptable to the Board)
of an applicant for a loan guarantee under this Act for
any losses that the United States incurs as a result
of--
(A) a judgment against the applicant or any
of its affiliates;
(B) any breach by the applicant or any of
its affiliates of their obligations under the
loan guarantee agreement;
(C) any violation of the provisions of this
Act, and the regulations prescribed under this
Act, by the applicant or any of its affiliates;
(D) any penalties incurred by the applicant
or any of its affiliates for any reason,
including violation of a stipulated performance
schedule under subsection (f); and
(E) any other circumstances that the Board
considers appropriate.
(2) Limitation on transfer of loan proceeds.--An
applicant for a loan guarantee under this Act may not
transfer any part of the proceeds of the loan to an
affiliate.
(p) Effect of Bankruptcy.--
(1) Notwithstanding any other provision of law,
whenever any person or entity is indebted to the United
States as a result of any loan guarantee issued under
this Act and such person or entity is insolvent or is a
debtor in a case under title 11, United States Code,
the debts due to the United States shall be satisfied
first.
(2) A discharge in bankruptcy under title 11,
United States Code, shall not release a person or
entity from an obligation to the United States in
connection with a loan guarantee under this Act.
SEC. 1006. ANNUAL AUDIT.
(a) Requirement.--The Comptroller General of the United
States shall conduct on an annual basis an audit of--
(1) the administration of the provisions of this
Act; and
(2) the financial position of each applicant who
receives a loan guarantee under this Act, including the
nature, amount, and purpose of investments made by the
applicant.
(b) Report.--The Comptroller General shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Banking and Financial Services of the
House of Representatives a report on each audit conducted under
subsection (a).
SEC. 1007. IMPROVED CELLULAR SERVICE IN RURAL AREAS.
(a) Reinstatement of Applicants as Tentative Selectees.--
(1) In General.--Notwithstanding the order of the
Federal Communications Commission in the proceeding
described in paragraph (3), the Commission shall--
(A) reinstate each applicant as a tentative
selectee under the covered rural service area
licensing proceeding; and
(B) permit each applicant to amend its
application, to the extent necessary to update
factual information and to comply with the
rules of the Commission, at any time before the
Commission's final licensing action in the
covered rural service area licensing
proceeding.
(2) Exemption from petitions to deny.--For purposes
of the amended applications filed pursuant to paragraph
(1)(B), the provisions of section 309(d)(1) of the
Communications Act of 1934 (47 U.S.C. 309(d)(1)) shall
not apply.
(3) Proceeding.--The proceeding described in this
paragraph is the proceeding of the Commission In re
Applications of Cellwave Telephone Services L.P.,
Futurewave General Partners L.P., and Great Western
Cellular Partners, 7 FCC Rcd No. 19 (1992).
(b) Continuation of License Proceeding; Fee Assessment.--
(1) Award of licenses.--The Commission shall award
licenses under the covered rural service area licensing
proceeding within 90 days after the date of the
enactment of this Act.
(2) Service requirements.--The Commission shall
provide that, as a condition of an applicant receiving
a license pursuant to the covered rural service area
licensing proceeding, the applicant shall provide
cellular radiotelephone service to subscribers in
accordance with sections 22.946 and 22.947 of the
Commission's rules (47 CFR 22.946, 22.947); except that
the time period applicable under section 22.947 of the
Commission's rules (or any successor rule) to the
applicants identified in subparagraphs (A) and (B) of
subsection (d)(1) shall be 3 years rather than 5 years
and the waiver authority of the Commission shall apply
to such 3-year period.
(3) Calculation of license fee.--
(A) Fee required.--The Commission shall
establish a fee for each of the licenses under
the covered rural service area licensing
proceeding. In determining the amount of the
fee, the Commission shall consider--
(i) the average price paid per
person served in the Commission's
Cellular Unserved Auction (Auction No.
12); and
(ii) the settlement payments
required to be paid by the permittees
pursuant to the consent decree set
forth in the Commission's order, In re
the Tellesis Partners (7 FCC Rcd 3168
(1992)), multiplying such payments by
two.
(B) Notice of fee.--Within 30 days after
the date an applicant files the amended
application permitted by subsection (a)(1)(B),
the Commission shall notify each applicant of
the fee established for the license associated
with its application.
(4) Payment for licenses.--No later than 18 months
after the date that an applicant is granted a license,
each applicant shall pay to the Commission the fee
established pursuant to paragraph (3) for the license
granted to the applicant under paragraph (1).
(5) Auction authority.--If, after the amendment of
an application pursuant to subsection (a)(1)(B), the
Commission finds that the applicant is ineligible for
grant of a license to provide cellular radiotelephone
services for a rural service area or the applicant does
not meet the requirements under paragraph (2) of this
subsection, the Commission shall grant the license for
which the applicant is the tentative selectee (pursuant
to subsection (a)(1)(B) by competitive bidding pursuant
to section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)).
(c) Prohibition of Transfer.--During the 5-year period that
begins on the date that an applicant is granted any license
pursuant to subsection (a), the Commission may not authorize
the transfer or assignment of that license under section 310 of
the Communications Act of 1934 (47 U.S.C. 310). Nothing in this
Act may be construed to prohibit any applicant granted a
license pursuant to subsection (a) from contracting with other
licensees to improve cellular telephone service.
(d) Definitions.--For the purposes of this section, the
following definitions shall apply:
(1) Applicant.--The term ``applicant'' means--
(A) Great Western Cellular Partners, a
California general partnership chosen by the
Commission as tentative selectee for RSA #492
on May 4, 1989;
(B) Monroe Telephone Services L.P., a
Delaware limited partnership chosen by the
Commission as tentative selectee for RSA #370
on August 24, 1989 (formerly Cellwave Telephone
Services L.P.); and
(C) FutureWave General Partners L.P., a
Delaware limited partnership chosen by the
Commission as tentative selectee for RSA #615
on May 25, 1990.
(2) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(3) Covered rural service area licensing
proceeding.--The term ``covered rural service area
licensing proceeding'' means the proceeding of the
Commission for the grant of cellular radiotelephone
licenses for rural service areas #492 (Minnesota 11),
#370 (Florida 11), and #615 (Pennsylvania 4).
(4) Tentative selectee.--The term ``tentative
selectee'' means a party that has been selected by the
Commission under a licensing proceeding for grant of a
license, but has not yet been granted the license
because the Commission has not yet determined whether
the party is qualified under the Commission's rules for
grant of the license.
SEC. 1008. TECHNICAL AMENDMENT.
Section 339(c) of the Communications Act of 1934 (47 U.S.C.
339(c)) is amended by adding at the end the following new
paragraph:
``(5) Definition.--Notwithstanding subsection
(d)(4), for purposes of paragraphs (2) and (4) of this
subsection, the term `satellite carrier' includes a
distributor (as defined in section 119(d)(1) of title
17, United States Code), but only if the satellite
distributor's relationship with the subscriber includes
billing, collection, service activation, and service
deactivation.''.
SEC. 1009. SUNSET.
No loan guarantee may be approved under this Act after
December 31, 2006.
SEC. 1010. DEFINITIONS.
In this Act:
(1) Affiliate.--The term ``affiliate''--
(A) means any person or entity that
controls, or is controlled by, or is under
common control with, another person or entity;
and
(B) may include any individual who is a
director or senior management officer of an
affiliate, a shareholder controlling more than
25 percent of the voting securities of an
affiliate, or more than 25 percent of the
ownership interest in an affiliate not
organized in stock form.
(2) Nonserved area.--The term ``nonserved area''
means any area that--
(A) is outside the grade B contour (as
determined using standards employed by the
Federal Communications Commission) of the local
television broadcast signals serving a
particular designated market area; and
(B) does not have access to such signals by
any commercial, for profit, multichannel video
provider.
(3) Underserved area.--The term ``underserved
area'' means any area that--
(A) is outside the grade A contour (as
determined using standards employed by the
Federal Communications Commission) of the local
television broadcast signals serving a
particular designated market area; and
(B) has access to local television
broadcast signals from not more than one
commercial, for-profit multichannel video
provider.
(4) Common terms.--Except as provided in paragraphs
(1) through (3), any term used in this Act that is
defined in the Communications Act of 1934 (47 U.S.C.
151 et seq.) has the meaning given that term in the
Communications Act of 1934.
SEC. 1011. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Cost of Loan Guarantees.--For the cost of the loans
guaranteed under this Act, including the cost of modifying the
loans, as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661(a)), there are authorized to be
appropriated for fiscal years 2001 through 2006, such amounts
as may be necessary.
(b) Cost of Administration.--There is hereby authorized to
be appropriated such sums as may be necessary to carry out the
provisions of this Act, other than to cover costs under
subsection (a).
(c) Availability.--Any amounts appropriated pursuant to the
authorizations of appropriations in subsections (a) and (b)
shall remain available until expended.
SEC. 1012. PREVENTION OF INTERFERENCE TO DIRECT BROADCAST SATELLITE
SERVICES.
(a) Testing for Harmful Interference.--The Federal
Communications Commission shall provide for an independent
technical demonstration of any terrestrial service technology
proposed by any entity that has filed an application to provide
terrestrial service in the direct broadcast satellite frequency
band to determine whether the terrestrial service technology
proposed to be provided by that entity will cause harmful
interference to any direct broadcast satellite service.
(b) Technical Demonstration.--In order to satisfy the
requirement of subsection (a) for any pending application, the
Commission shall select an engineering firm or other qualified
entity independent of any interested party based on a
recommendation made by the Institute of Electrical and
Electronics Engineers (IEEE), or a similar independent
professional organization, to perform the technical
demonstration or analysis. The demonstration shall be concluded
within 60 days after the date of enactment of this Act and
shall be subject to public notice and comment for not more than
30 days thereafter.
(c) Definitions.--As used in this section:
(1) Direct broadcast satellite frequency band.--The
term ``direct broadcast satellite frequency band''
means the band of frequencies at 12.2 to 12.7
gigahertz.
(2) Direct broadcast satellite service.--The term
``direct broadcast satellite service'' means any direct
broadcast satellite system operating in the direct
broadcast satellite frequency band.
TITLE XI--ENCOURAGING IMMIGRANT FAMILY REUNIFICATION
SEC. 1101. SHORT TITLE.
This title may be cited as--
(1) the ``Legal Immigration Family Equity Act''; or
(2) the ``LIFE Act''.
SEC. 1102. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF PERMANENT
RESIDENTS AWAITING THE AVAILABILITY OF AN IMMIGRANT
VISA; PROVISIONS AFFECTING SUBSEQUENT ADJUSTMENT OF
STATUS FOR SUCH NONIMMIGRANTS.
(a) In General.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (T), by striking ``or'' at the
end;
(2) in subparagraph (U), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following:
``(V) subject to section 214(o), an alien who is
the beneficiary (including a child of the principal
alien, if eligible to receive a visa under section
203(d)) of a petition to accord a status under section
203(a)(2)(A) that was filed with the Attorney General
under section 204 on or before the date of the
enactment of the Legal Immigration Family Equity Act,
if--
``(i) such petition has been pending for 3
years or more; or
``(ii) such petition has been approved, 3
years or more have elapsed since such filing
date, and--
``(I) an immigrant visa is not
immediately available to the alien
because of a waiting list of applicants
for visas under section 203(a)(2)(A);
or
``(II) the alien's application for
an immigrant visa, or the alien's
application for adjustment of status
under section 245, pursuant to the
approval of such petition, remains
pending.
(b) Provisions Affecting Nonimmigrant Status.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended by adding at the end the following:
``(o)(1) In the case of a nonimmigrant described in section
101(a)(15)(V)--
``(A) the Attorney General shall authorize the
alien to engage in employment in the United States
during the period of authorized admission and shall
provide the alien with an `employment authorized'
endorsement or other appropriate document signifying
authorization of employment; and
``(B) the period of authorized admission as such a
nonimmigrant shall terminate 30 days after the date on
which any of the following is denied:
``(i) The petition filed under section 204
to accord the alien a status under section
203(a)(2)(A) (or, in the case of a child
granted nonimmigrant status based on
eligibility to receive a visa under section
203(d), the petition filed to accord the
child's parent a status under section
203(a)(2)(A)).
``(ii) The alien's application for an
immigrant visa pursuant to the approval of such
petition.
``(iii) The alien's application for
adjustment of status under section 245 pursuant
to the approval of such petition.
``(2) In determining whether an alien is eligible to be
admitted to the United States as a nonimmigrant under section
101(a)(15)(V), the grounds for inadmissibility specified in
section 212(a)(9)(B) shall not apply.
``(3) The status of an alien physically present in the
United States may be adjusted by the Attorney General, in the
discretion of the Attorney General and under such regulations
as the Attorney General may prescribe, to that of a
nonimmigrant under section 101(a)(15)(V), if the alien--
``(A) applies for such adjustment;
``(B) satisfies the requirements of such section;
and
``(C) is eligible to be admitted to the United
States, except in determining such admissibility, the
grounds for inadmissibility specified in paragraphs
(6)(A), (7), and (9)(B) of section 212(a) shall not
apply.''.
(c) Provisions Affecting Permanent Resident Status.--
Section 245 of the Immigration and Nationality Act (8 U.S.C.
1255) is amended by adding at the end the following:
``(m)(1) The status of a nonimmigrant described in section
101(a)(15)(V) who the Attorney General determines was
physically present in the United States at any time during the
period beginning on July 1, 2000, and ending on October 1,
2000, may be adjusted by the Attorney General, in the
discretion of the Attorney General and under such regulations
as the Attorney General may prescribe, to that of an alien
lawfully admitted for permanent residence, if--
``(A) the alien makes an application for such
adjustment;
``(B) the alien is eligible to receive an immigrant
visa and is admissible to the United States for
permanent residence, except in determining such
admissibility, the grounds for inadmissibility
specified in paragraphs (6)(A), (7), and (9)(B) of
section 212(a) shall not apply; and
``(C) an immigrant visa is immediately available to
the alien at the time the alien's application is filed.
``(2) Paragraph (1) shall not apply to an alien who has
failed (other than through no fault of the alien or for
technical reasons) to maintain continuously a lawful status
since obtaining the status of a nonimmigrant described in
section 101(a)(15)(V).
``(3) Upon the approval of an application for adjustment
made under paragraph (1), the Attorney General shall record the
alien's lawful admission for permanent residence as of the date
the order of the Attorney General approving the application for
the adjustment of status is made, and the Secretary of State
shall reduce by one the number of the preference visas
authorized to be issued under sections 202 and 203 within the
class to which the alien is chargeable for the fiscal year then
current.
``(4) The Attorney General may accept an application for
adjustment made under paragraph (1) only if the alien remits
with such application a sum equalling $1,000, except that such
sum shall not be required from an alien if it would not be
required from the alien if the alien were applying under
subsection (i).
``(5) The sum specified in paragraph (4) shall be in
addition to the fee normally required for the processing of an
application under this section.
``(6)(A) The portion of each application fee (not to exceed
$200) that the Attorney General determines is required to
process an application under this subsection shall be disposed
of by the Attorney General as provided in subsections (m), (n),
and (o) of section 286.
``(B) One-half of any remaining portion of such fee shall
be deposited by the Attorney General into the Immigration
Examination Fee Account established under section 286(m), and
one-half of any remaining portion of such fees shall be
deposited by the Attorney General into the Breached Bond/
Detention Fund established under section 286(r).
``(7) Nothing in this subsection shall be construed as
precluding a nonimmigrant described in section 101(a)(15)(V)
who is eligible for adjustment of status under subsection (a)
from applying for and obtaining adjustment under such
subsection. In the case of such an application, the alien shall
be required to remit only the fee normally required for the
processing of an application under subsection (a).''.
(d) Conforming Amendments.--
(1) Admission of nonimmigrants.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is
amended, in each of subsections (b) and (h), by
striking ``(H)(i) or (L)'' and inserting ``(H)(i), (L),
or (V)''.
(2) Adjustment of status.--Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is
amended--
(A) in each of subsections (d) and (f), by
striking ``under subsection (a),'' each place
such term appears and inserting ``under
subsection (a) or (m),''; and
(B) in subsection (e)(1), by striking
``subsection (a).'' and inserting ``subsection
(a) or (m).''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply to an alien who is the beneficiary of a
classification petition filed under section 204 of the
Immigration and Nationality Act on or before the date of the
enactment of this Act.
SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF CITIZENS
AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA.
(a) In General.--Section 101(a)(15)(K) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended to
read as follows:
``(K) subject to subsections (d) and (p) of section
214, an alien who--
``(i) is the fiancee or fiance of a citizen
of the United States and who seeks to enter the
United States solely to conclude a valid
marriage with the petitioner within ninety days
after admission;
``(ii) has concluded a valid marriage with
a citizen of the United States who is the
petitioner, is the beneficiary of a petition to
accord a status under section 201(b)(2)(A)(i)
that was filed under section 204 by the
petitioner, and seeks to enter the United
States to await the approval of such petition
and the availability to the alien of an
immigrant visa; or
``(iii) is the minor child of an alien
described in clause (i) or (ii) and is
accompanying, or following to join, the
alien;''.
(b) Provisions Affecting Nonimmigrant Status.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184), as
amended by section 2 of this Act, is further amended by adding
at the end the following:
``(p)(1) A visa shall not be issued under the provisions of
section 101(a)(15)(K)(ii) until the consular officer has
received a petition filed in the United States by the spouse of
the applying alien and approved by the Attorney General. The
petition shall be in such form and contain such information as
the Attorney General shall, by regulation, prescribe.
``(2) In the case of an alien seeking admission under
section 101(a)(15)(K)(ii) who concluded a marriage with a
citizen of the United States outside the United States, the
alien shall be considered inadmissible under section
212(a)(7)(B) if the alien is not at the time of application for
admission in possession of a valid nonimmigrant visa issued by
a consular officer in the foreign state in which the marriage
was concluded.
``(3) In the case of a nonimmigrant described in section
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was
admitted as accompanying, or following to join, such a
nonimmigrant, the period of authorized admission shall
terminate 30 days after the date on which any of the following
is denied:
``(A) The petition filed under section 204 to
accord the principal alien status under section
201(b)(2)(A)(i).
``(B) The principal alien's application for an
immigrant visa pursuant to the approval of such
petition.
``(C) The principal alien's application for
adjustment of status under section 245 pursuant to the
approval of such petition.''.
(c) Conforming Amendments.--
(1) Admission of nonimmigrants.--Section 214(d) of
the Immigration and Nationality Act (8 U.S.C. 1184(d))
is amended by striking ``101(a)(15)(K)'' and inserting
``101(a)(15)(K)(i)''.
(2) Conditional permanent resident status.--Section
216 of the Immigration and Nationality Act (8 U.S.C.
1186a) is amended, in each of subsections (b)(1)(B) and
(d)(1)(A)(ii), by striking ``214(d)'' and inserting
``subsection (d) or (p) of section 214''.
(3) Adjustment of status.--Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is
amended--
(A) in subsection (d), by striking
``(relating to an alien fiancee or fiance or
the minor child of such alien)''; and
(B) in subsection (e)(3), by striking
``214(d)'' and inserting ``subsection (d) or
(p) of section 214''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply to an alien who is the beneficiary of a
classification petition filed under section 204 of the
Immigration and Nationality Act before, on, or after the date
of the enactment of this Act.
SEC. 1104. ADJUSTMENT OF STATUS OF CERTAIN CLASS ACTION PARTICIPANTS
WHO ENTERED BEFORE JANUARY 1, 1982, TO THAT OF
PERSON ADMITTED FOR LAWFUL RESIDENCE.
(a) In General.--In the case of an eligible alien described
in subsection (b), the provisions of section 245A of the
Immigration and Nationality Act (8 U.S.C. 1255a), as modified
by subsection (c), shall apply to the alien.
(b) Eligible Aliens Described.--An alien is an eligible
alien described in this subsection if, before October 1, 2000,
the alien filed with the Attorney General a written claim for
class membership, with or without a filing fee, pursuant to a
court order issued in the case of--
(1) Catholic Social Services, Inc. v. Meese,
vacated sub nom. Reno v. Catholic Social Services,
Inc., 509 U.S. 43 (1993); or
(2) League of United Latin American Citizens v.
INS, vacated sub nom. Reno v. Catholic Social Services,
Inc., 509 U.S. 43 (1993).
(c) Modifications to Provisions Governing Adjustment of
Status.--The modifications to section 245A of the Immigration
and Nationality Act that apply to an eligible alien described
in subsection (b) of this section are the following:
(1) Temporary resident status.--Subsection (a) of
such section 245A shall not apply.
(2) Adjustment to permanent resident status.--In
lieu of paragraphs (1) and (2) of subsection (b) of
such section 245A, the Attorney General shall be
required to adjust the status of an eligible alien
described in subsection (b) of this section to that of
an alien lawfully admitted for permanent residence if
the alien meets the following requirements:
(A) Application Period.--The alien must
file with the Attorney General an application
for such adjustment during the 12-month period
beginning on the date on which the Attorney
General issues final regulations to implement
this section.
(B) Continuous unlawful residence.--
(i) In general.--The alien must
establish that the alien entered the
United States before January 1, 1982,
and that he or she has resided
continuously in the United States in an
unlawful status since such date and
through May 4, 1988. In determining
whether an alien maintained continuous
unlawful residence in the United States
for purposes of this subparagraph, the
regulations prescribed by the Attorney
General under section 245A(g) of the
Immigration and Nationality Act that
were most recently in effect before the
date of the enactment of this Act shall
apply.
(ii) Nonimmigrants.--In the case of
an alien who entered the United States
as a nonimmigrant before January 1,
1982, the alien must establish that the
alien's period of authorized stay as a
nonimmigrant expired before such date
through the passage of time or the
alien's unlawful status was known to
the Government as of such date.
(iii) Exchange visitors.--If the
alien was at any time a nonimmigrant
exchange alien (as defined in section
101(a)(15)(J) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(15)(J)), the alien must
establish that the alien was not
subject to the two-year foreign
residence requirement of section 212(e)
of such Act or has fulfilled that
requirement or received a waiver
thereof.
(iv) Cuban and haitian entrants.--
For purposes of this section, an alien
in the status of a Cuban and Haitian
entrant described in paragraph (1) or
(2)(A) of section 501(e) of Public Law
96-422 shall be considered to have
entered the United States and to be in
an unlawful status in the United
States.
(C) Continuous physical presence.--
(i) In general.--The alien must
establish that the alien was
continuously physically present in the
United States during the period
beginning on November 6, 1986, and
ending on May 4, 1988, except that--
(I) an alien shall not be
considered to have failed to
maintain continuous physical
presence in the United States
for purposes of this
subparagraph by virtue of
brief, casual, and innocent
absences from the United
States; and
(II) brief, casual, and
innocent absences from the
United States shall not be
limited to absences with
advance parole.
(ii) Admissions.--Nothing in this
section shall be construed as
authorizing an alien to apply for
admission to, or to be admitted to, the
United States in order to apply for
adjustment of status under this section
or section 245A of the Immigration and
Nationality Act.
(D) Admissible as immigrant.--The alien
must establish that the alien--
(i) is admissible to the United
States as an immigrant, except as
otherwise provided under section
245A(d)(2) of the Immigration and
Nationality Act;
(ii) has not been convicted of any
felony or of three or more misdemeanors
committed in the United States;
(iii) has not assisted in the
persecution of any person or persons on
account of race, religion, nationality,
membership in a particular social
group, or political opinion; and
(iv) is registered or registering
under the Military Selective Service
Act, if the alien is required to be so
registered under that Act.
(E) Basic citizenship skills.--
(i) In general.--The alien must
demonstrate that the alien either--
(I) meets the requirements
of section 312(a) of the
Immigration and Nationality Act
(8 U.S.C. 1423(a)) (relating to
minimal understanding of
ordinary English and a
knowledge and understanding of
the history and government of
the United States); or
(II) is satisfactorily
pursuing a course of study
(recognized by the Attorney
General) to achieve such an
understanding of English and
such a knowledge and
understanding of the history
and government of the United
States.
(ii) Exception for elderly or
developmentally disabled individuals.--
The Attorney General may, in the
discretion of the Attorney General,
waive all or part of the requirements
of clause (i) in the case of an alien
who is 65 years of age or older or who
is developmentally disabled.
(iii) Relation to naturalization
examination.--In accordance with
regulations of the Attorney General, an
alien who has demonstrated under clause
(i)(I) that the alien meets the
requirements of section 312(a) of the
Immigration and Nationality Act may be
considered to have satisfied the
requirements of that section for
purposes of becoming naturalized as a
citizen of the United States under
title III of such Act.
(3) Temporary stay of removal, authorized travel,
and employment during pendency of application.--In lieu
of subsections (b)(3) and (e)(2) of such section 245A,
the Attorney General shall provide that, in the case of
an eligible alien described in subsection (b) of this
section who presents a prima facie application for
adjustment of status to that of an alien lawfully
admitted for permanent residence under such section
245A during the application period described in
paragraph (2)(A), until a final determination on the
application has been made--
(A) the alien may not be deported or
removed from the United States;
(B) the Attorney General shall, in
accordance with regulations, permit the alien
to return to the United States after such brief
and casual trips abroad as reflect an intention
on the part of the alien to adjust to lawful
permanent resident status and after brief
temporary trips abroad occasioned by a family
obligation involving an occurrence such as the
illness or death of a close relative or other
family need; and
(C) the Attorney General shall grant the
alien authorization to engage in employment in
the United States and provide to that alien an
``employment authorized'' endorsement or other
appropriate work permit.
(4) Applications.--Paragraphs (1) through (4) of
subsection (c) of such section 245A shall not apply.
(5) Confidentiality of information.--Subsection
(c)(5) of such section 245A shall apply to information
furnished by an eligible alien described in subsection
(b) pursuant to any application filed under such
section 245A or this section, except that the Attorney
General (and other officials and employees of the
Department of Justice and any bureau or agency thereof)
may use such information for purposes of rescinding,
pursuant to section 246(a) of the Immigration and
Nationality Act (8 U.S.C. 1256(a)), any adjustment of
status obtained by the alien.
(6) Use of fees for immigration-related unfair
employment practices.--Notwithstanding subsection
(c)(7)(C) of such section 245A, no application fee paid
to the Attorney General pursuant to this section by an
eligible alien described in subsection (b) of this
section shall be available in any fiscal year for the
purpose described in such subsection (c)(7)(C).
(7) Temporary stay of removal and work
authorization for certain applicants before application
period.--In lieu of subsection (e)(1) of such section
245A, the Attorney General shall provide that in the
case of an eligible alien described in subsection (b)
of this section who is apprehended before the beginning
of the application period described in paragraph (2)(A)
and who can establish a prima facie case of eligibility
to have his status adjusted under such section 245A
pursuant to this section (but for the fact that he may
not apply for such adjustment until the beginning of
such period), until the alien has had the opportunity
during the first 30 days of the application period to
complete the filing of an application for adjustment,
the alien--
(A) may not be deported or removed from the
United States; and
(B) shall be granted authorization to
engage in employment in the United States and
be provided an ``employment authorized''
endorsement or other appropriate work permit.
(8) Jurisdiction of courts.--Effective as of
November 6, 1986, subsection (f)(4)(C) of such section
245A shall not apply to an eligible alien described in
subsection (b) of this section.
(9) Public welfare assistance.--Subsection (h) of
such section 245A shall not apply.
(d) Applications From Abroad.--The Attorney General shall
establish a process under which an alien who has become
eligible to apply for adjustment of status to that of an alien
lawfully admitted for permanent residence as a result of the
enactment of this section and who is not physically present in
the United States may apply for such adjustment from abroad.
(e) Deadline for Regulations.--The Attorney General shall
issue regulations to implement this section not later than 120
days after the date of the enactment of this Act.
(f) Administrative and Judicial Review.--The provisions of
subparagraphs (A) and (B) of section 245A(f)(4) of the
Immigration and Nationality Act (8 U.S.C. 1255a(f)(4)) shall
apply to administrative or judicial review of a determination
under this section or of a determination respecting an
application for adjustment of status under section 245A of the
Immigration and Nationality Act filed pursuant to this section.
(g) Definition.--For purposes of this section, the term
``such section 245A'' means section 245A of the Immigration and
Nationality Act (8 U.S.C. 1255a).
Titles I through VII of this Act may be cited as the
``Department of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2001.''
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS
Following is explanatory language on H.R. 5548, as
introduced on October 25, 2000.
The conferees on H.R. 4942 agree with the matter included
in H.R. 5548 and enacted in this conference report by reference
and the following description of it. The bill was developed
through negotiations by subcommittee members of the Departments
of Commerce, Justice, and State, the Judiciary, and Related
Agencies Subcommittees of the House and Senate on the
differences in the House passed and Senate reported versions of
H.R. 4690. References in the following description to the
``conference agreement'' mean the matter included in the
introduced bill enacted by this conference report. References
to the House bill mean the House passed version of H.R. 4690.
References to the Senate reported amendment mean the Senate
reported version of H.R. 4690.
The House passed H.R. 4690 on June 26, 2000. The Senate
reported from Committee a Senate amendment to H.R. 4690 on July
21, 2000. References in the following statement to
appropriations amounts or other items proposed by the House
bill or the Senate-reported amendment refer only to those
amounts and items recommended in the House-passed and Senate-
reported versions of H.R. 4690. Any reference to appropriations
amounts or other items included in the conference agreement
reflects the final agreement on H.R. 4690. This statement
reflects how the funds provided in the conference agreement are
to be spent.
Senate-reported amendment: The Senate Appropriations
Committee considered H.R. 4690 as passed by the House, struck
all after the enacting clause, and inserted the text of the
Senate-reported amendment. The conference agreement includes a
revised bill.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
The conference agreement includes $88,713,000 for General
Administration, instead of $83,713,000 as proposed in the
Senate-reported amendment and $84,177,000 as proposed in the
House bill.
The conference agreement adopts by reference the House
report language regarding budget ``shortfalls'' and racial
disparities in Federal capital prosecutions.
The conference agreement includes a $5,000,000 transfer
from the Immigration and Naturalization Service Salaries and
Expenses account to continue the planned integration of the
Immigration and Naturalization Service (INS) IDENT system and
the Federal Bureau of Investigation (FBI) IAFIS system.
The conference agreement includes a $5,000,000 increase
for the Office of Intelligence Policy and Review for Foreign
Intelligence Surveillance Act applications.
The conference agreement includes bill language contained
in the House bill specifying the amount of funding provided for
the Department Leadership Program and the Offices of
Legislative and Public Affairs.
joint automated booking system
The conference agreement includes $15,915,000 for the
Joint Automated Booking System (JABS) program as proposed in
the Senate-reported amendment, instead of $1,800,000 as
proposed in the House bill.
narrowband communications
The conference agreement includes $205,000,000 for
narrowband communications conversion activities as proposed in
the Senate-reported amendment, instead of $95,445,000 as
proposed in the House bill. The conference agreement provides
funding necessary to continue implementation of the Department
of Justice Wireless Network (JWN), and for operations and
maintenance of legacy systems. The Wireless Management Office
(WMO) is directed to submit quarterly status reports on
implementation of the JWN, with the first such report due no
later than February 15, 2001.
The conference agreement deletes a citation included in
the House bill but not included in the Senate-reported
amendment.
counterterrorism fund
The conference agreement includes $5,000,000 for the
Counterterrorism Fund as proposed in the Senate-reported
amendment, instead of $10,000,000 as proposed in the House
bill. When combined with $32,844,150 in prior year carryover, a
total of $37,844,150 will be available in the Fund in fiscal
year 2001 to cover unanticipated, extraordinary expenses
incurred as a result of a terrorist threat or incident.
The conference agreement retains language, included in
the House bill and carried in previous Acts, authorizing the
Attorney General to make expenditures from the fund, subject to
section 605 of this Act. The Senate-reported amendment proposed
to give this authority to a new Deputy Attorney General.
telecommunications carrier compliance fund
The conference agreement includes $201,420,000 for the
Telecommunications Carrier Compliance program for
implementation of the Communications Assistance for Law
Enforcement Act of 1994 (CALEA), instead of $278,021,000 as
proposed in the House bill. The Senate-reported amendment did
not include funding for this activity. This amount, when
combined with funds previously made available, will provide the
full $500,000,000 authorized and required to implement CALEA.
The conference agreement concurs with the direction in
the House report that the Department and the Federal Bureau of
Investigation (FBI) are to remain focused on the timely
implementation of CALEA, and have therefore included
$17,300,000 within the FBI Salaries and Expenses account for
CALEA implementation. The Department of Justice is directed to
submit a reorganization proposal no later than November 15,
2000, to ensure coordination of CALEA implementation and other
related electronic surveillance issues.
administrative review and appeals
The conference agreement includes $161,062,000 for
Administrative Review and Appeals, instead of $159,570,000 as
proposed in the House bill and $112,814,000 as proposed in the
Senate-reported amendment. Of the total amount provided,
$159,335,000 is for the Executive Office for Immigration Review
(EOIR) and $1,727,000 is for the Office of the Pardon Attorney.
The conference agreement includes $9,566,000 for
adjustments to base, and $3,000,000, 37 positions and 19 full-
time equivalent workyears (FTE) to address the increased
Immigration Judge and appellate caseload. In addition, EOIR is
directed to provide such sums as necessary for point-to-point
installation of video-conferencing equipment in accordance with
EOIR's plan and the Senate report. The conference agreement
also includes direction under the INS Examinations Fees account
regarding continued support for contract court interpreter
services.
detention trustee
The conference agreement includes $1,000,000 to establish
a new Federal Detention Trustee within the Department of
Justice as proposed in the House bill. The Senate-reported
amendment did not address this matter. The conference agreement
reflects the concerns expressed in the House report regarding
the planning and management of detention space in the
Department of Justice. Therefore, the direction included in the
House report regarding the authorities and duties of this new
Trustee, and the establishment of regional pilot projects to
test better mechanisms for addressing detention needs, is
adopted by reference. Further, the Department of Justice is
expected to consolidate all detention resources under the
Trustee as part of the fiscal year 2002 budget submission.
office of inspector general
The conference agreement includes $41,575,000 for the
Office of Inspector General (OIG) instead of $41,825,000 as
proposed in the House bill and $42,192,000 as proposed in the
Senate-reported amendment. The conference agreement also
assumes that $1,500,000 in INS fees will be available to the
OIG.
The conference agreement directs the Department of
Justice to review its procedures for releasing OIG
investigatory material and findings and inform the Committees
on Appropriations by June 1, 2001, if any procedures should be
modified.
The OIG is directed to submit future budget requests
separating OIG Leadership Offices and OIG Operational Offices.
The OIG Leadership Offices decision unit should include the
following: the Inspector General, the Deputy Inspector General,
the Counselor to the Inspector General, the Special Counsel,
and the Special Investigations and Review Unit. The Operational
Offices decision unit should include the following offices: the
Audit Division, the Investigations Division, the Inspections
Division, and the Management and Planning Division.
The conference agreement directs that the OIG submit a
detailed financial plan to the Committees on Appropriations by
December 1, 2000.
United States Parole Commission
salaries and expenses
The conference agreement includes $8,855,000 for the U.S.
Parole Commission, as proposed in the House bill, instead of
the $7,380,000 as proposed in the Senate-reported amendment.
The conference agreement adopts by reference the recommendation
in the Senate report on detailing attorneys.
Legal Activities
salaries and expenses, general legal activities
The conference agreement includes $535,771,000 for
General Legal Activities, instead of $523,228,000 as proposed
in the House bill, and $494,310,000 as proposed in the Senate-
reported amendment.
The recommendation includes base adjustments for all
divisions, but does not include an undefined base restoration.
The distribution of funding provided is as follows:
Office of the Solicitor General......................... $7,118,000
Tax Division............................................ 70,991,000
Criminal Division....................................... 110,851,000
Civil Division.......................................... 154,092,000
Environment and Natural Resources....................... 68,703,000
Office of Legal Counsel................................. 4,967,000
Civil Rights Division................................... 92,166,000
Interpol--USNCB......................................... 7,686,000
Legal Activities Office Automation...................... 18,877,000
Office of Dispute Resolution............................ 320,000
--------------------------------------------------------
____________________________________________________
Total........................................... 535,771,000
The conference agreement includes a $3,000,000 increase
for the Civil Rights Division, including funding for civil
enforcement for police misconduct, and other highest priority
initiatives.
The conference agreement provides $18,877,000 to remain
available until expended for office automation costs as
proposed in the House bill, instead of $18,571,000 as proposed
in the Senate-reported amendment. The conference agreement
adopts language included in the Senate-reported amendment which
limits the use of these funds to automation costs and allows
such funds to be used for the United States Trustees Program.
The conference agreement adopts by reference the Senate report
language regarding the Office of Special Investigations, and
the House report language regarding extradition reporting and
extradition treaties.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 2001 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed in the House bill and the Senate-reported amendment.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $120,838,000 for the
Antitrust Division as proposed in the Senate-reported
amendment, instead of $113,269,000 as proposed in the House
bill. The conference agreement assumes that of the amount
provided, $95,838,000 will be derived from current year fee
collections and $25,000,000 from estimated unobligated fee
collections available from prior years, resulting in a net
direct appropriation of $0. The use of any remaining
unobligated fees balances from prior years is subject to the
reprogramming requirements outlined in section 605 of this Act.
Appropriations for both the Division and the Federal
Trade Commission are financed with Hart-Scott-Rodino Act pre-
merger filing fees. Section 630 of this Act modifies the Hart-
Scott-Rodino Act to include a three-tiered fee structure that
increases the filing threshold for a merger transaction from
$15,000,000 to $50,000,000. It is anticipated that the increase
in the filing threshold will reduce the number of mergers
requiring review by approximately 50 percent.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,250,382,000 for the
U.S. Attorneys, instead of $1,247,416,000 as proposed in the
House bill, and $1,159,014,000 as proposed in the Senate-
reported amendment. The following narrative reflects how the
funds provided in the conference agreement are to be spent.
The conference agreement provides a net increase of
$59,896,000 for pay and inflationary adjustments to enable the
U.S. Attorneys to maintain the current operating level. The
conference agreement does not include $7,425,000 requested as
base adjustments to substitute direct appropriations for
activities previously supported from the Health Care Fraud and
Abuse Control (HCFAC) account. The Department of Justice is
directed to continue to provide funding for not less than 177
positions and 177 FTE to the U.S. Attorneys from the HCFAC
account to support health care fraud activities.
The conference agreement also includes the following
program increases:
Firearms Prosecutions.--$15,259,000, 163 positions and 82
FTE, including 113 attorneys, to augment prosecutions under
existing firearms statutes. This amount, when combined with
base resources of $7,125,000, will provide a total of
$22,384,000 for intensive firearms prosecution projects. The
direction included in the House report regarding the criteria
and process for allocation of these funds is adopted by
reference. Further, the Executive Office of U.S. Attorneys is
directed not to set aside any portion of these funds for
headquarters priorities, but rather is to allocate these funds
in accordance with the priorities identified by the local
districts which will result in a direct increase in
prosecutions under existing gun laws. In addition, the
conference agreement adopts the Senate direction requiring the
annualization of funds provided in fiscal year 2000 for
firearms prosecutions, and the reporting requirement regarding
panel attorney costs.
Cyber Crime and Intellectual Property.--$3,974,000, 50
positions and 25 FTE, including 28 attorneys, to augment the
investigation and prosecution of computer and intellectual
property crimes, including crimes identified in the No
Electronic Theft (NET) Act, the National Information
Infrastructure Assurance Act, and the Economic Espionage Act.
The direction included in the Senate report regarding
submission of a report on copyright enforcement is adopted by
reference.
Immigration.--$1,974,000, 24 positions and 12 FTE,
including 13 attorneys, to address the growing criminal
immigration caseload along the Southwest Border, with
particular emphasis to be placed on prosecutions of individuals
involved in alien smuggling, document fraud, and illegal aliens
with multiple deportations. The conference agreement adopts by
reference the direction included in the House report regarding
submission of a spending plan for these resources.
Indian Country.--$5,000,000, 60 positions and 30 FTE,
including 33 attorneys, to enhance Federal investigation and
prosecution activities in Indian Country to meet Federal
statutory responsibilities related to Indian Country.
Legal Education.--$2,300,000 to continue establishment of
a distance learning facility at the National Advocacy Center
(NAC). This amount, when combined with $15,316,000 in base
resources, provides a total of $17,616,000 under this account
for legal education at the National Advocacy Center (NAC).
These funds are to be spent in accordance with the direction
included in the Senate report.
Within the total amount available to the U.S. Attorneys,
the conference agreement includes $2,612,000 for technology
demonstration projects, and adopts by reference the direction
included in the Senate report regarding distribution of these
resources. In addition, $1,000,000 is included from within base
resources to continue a violent crime task force demonstration
project, as proposed in the Senate-reported amendment. The
conference agreement also adopts by reference the direction
included in the House and Senate reports regarding the
unstaffed offices report, as well as the direction included in
the Senate report regarding an office in Western Kentucky. In
addition, the Senate report language regarding property
flipping, computer network privatization, and a fiscal year
1995 quarterly reporting requirement are adopted by reference.
The conference agreement does not adopt the
recommendations included in the Senate report regarding the
reallocation of existing staffing to the Southwest border and
within the Missouri River Valley, spending freezes among object
classifications, elimination of base funds for office
relocations, limitations on expansion of gun prosecution
initiatives, or pre-trial sentencing guidelines.
In addition to identical provisions that were included in
both the House bill and Senate-reported amendment, the
conference agreement includes the following provisions: (1)
providing for 9,439 positions and 9,557 workyears for the U.S.
Attorneys, instead of 9,381 positions and 9,529 workyears as
proposed in the House bill, and 9,120 positions and 9,398
workyears as proposed in the Senate-reported amendment; (2)
allowing not to exceed $2,500,000 for the National Advocacy
Center as proposed in the Senate-reported amendment; and (3)
providing $1,000,000 for violent crime task forces to remain
available until expended as proposed in the Senate-reported
amendment. The conference agreement does not include language
proposed in the Senate bill withholding 50 percent of funds
available to U.S. Attorneys until the Attorney General
establishes certain rules and penalties in accordance with the
Senate version of the fiscal year 2000 appropriations bill.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $125,997,000 for the
U.S. Trustees for fiscal year 2001, to be entirely funded from
offsetting collections, instead of $126,242,000 proposed in the
House bill and $127,212,000 proposed in the Senate-reported
amendment. The conference agreement does not provide amounts
the budget request assumed would carry forward to fiscal year
2002. The conference agreement adopts by reference the Senate
report language on the National Advocacy Center (NAC). The
conference agreement also adopts House report language on the
reprogramming of offsetting collections.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement provides $1,107,000 for the
Foreign Claims Settlement Commission, instead of $1,000,000 as
proposed in the House bill and $1,214,000 as proposed in the
Senate-reported amendment.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $572,695,000 for the
U.S. Marshals Service Salaries and Expenses account, instead of
$560,438,000 as proposed in the House bill and $550,472,000 as
proposed in the Senate-reported amendment. The following
narrative reflects how the funds provided in the conference
agreement are to be spent.
The amount included in the conference agreement includes
a $4,713,000 net increase in base adjustments, as follows:
$19,774,000 for pay and inflationary increases, offset by
decreases of $4,852,000 for one-time equipment purchases and
$10,209,000 from the transfer of the Seized Assets Management
Program to the Assets Forfeiture Fund. Within the amount
provided, a total of $1,735,000 is included for the Warrant
Information Network and other networks and on-line services,
and $725,000 is for recurring costs of the Electronic
Surveillance Unit as directed in the Senate report. The
conference agreement does not adopt the recommendation included
in the Senate-reported amendment to transfer funding from this
account for U.S. Marshals Service costs associated with the
Justice Prisoner Alien Transportation System (JPATS), but
instead provides $25,503,000 for U.S. Marshals Service
requirements under this account.
In addition, the conference agreement includes
$27,389,000 in program increases for the following:
Courthouse Security Staffing and Equipment.--$21,211,000,
for courthouse security personnel and equipment. Of this
amount, $6,711,000, 89 positions and 45 FTE are provided for
courthouse security personnel at new and expanded courthouses
expected to open in fiscal year 2001. Language included in the
House report regarding the submission of a spending plan and
allocation of resources in excess of requirements is adopted by
reference.
In addition, $14,500,000 is provided for courthouse
security equipment, as follows:
USMS Courthouse Security Equipment
[In thousands of dollars]
New Courthouses......................................... $8,173
Las Vegas, NV....................................... (1,023)
Cleveland, OH....................................... (1,012)
Columbia, SC........................................ (1,122)
Greenville, TN...................................... (353)
Corpus Christi, TX.................................. (1,078)
Laredo, TX.......................................... (989)
Providence, RI...................................... (920)
Helena, MT.......................................... (658)
Wheeling, WV........................................ (245)
Denver, CO.......................................... (773)
Other Security Requirements............................. 5,684
Nationwide Equipment Maintenance Requirement............ 643
--------------------------------------------------------
____________________________________________________
Total, USMS Security Equipment.................. 14,500
The Marshals Service is directed to use the $5,684,000
provided for Other Security Requirements to address the highest
priority security equipment needs for existing courthouses and
new courthouses with the greatest deficiencies, and to submit a
spending plan for these funds no later than December 1, 2000.
Electronic Surveillance Unit.--$3,150,000, and up to 6
positions and 3 FTE, for personnel and equipment for the
Electronic Surveillance Unit.
Special Assignments.--$2,500,000 for security at high
threat and/or high profile trials and for protective details
for judicial personnel involved in these trials, including the
World Trade Center bombing trial. The Marshals Service is
directed to annualize this increase in fiscal year 2002.
Concerns have been expressed regarding the exclusion of the
Marshals Service from the threat assessment and decision-making
process regarding certain special and other protective
assignments. In addition, the level of protection at Federal
facilities by the General Services Administration (GSA) is
inadequate relative to the amount the Marshals Service and
other agencies are charged by GSA for these services. The
Department is directed to report to the Committees on
Appropriations no later than December 15, 2000, on the role
afforded to the Marshals Service in the threat assessment and
decision-making process for special and other protective
assignments, and to provide recommendations to augment the
Marshals Service's role in this activity. Further, the
Department is directed to provide a report on the adequacy of
support provided by GSA for facility protection, relative to
the amount GSA is charging for these services.
Financial Management.--$378,000, 8 positions and 4 FTE to
improve financial management.
Cost Saving Initiatives.--$150,000 for implementation and
support of a variety of cost saving initiatives as directed in
the Senate report. Should additional funds become available
through savings achieved, the Marshals Service may use those
funds for additional staff only in accordance with Section 605
of this Act.
The conference agreement adopts by reference the concerns
expressed in the Senate report regarding the Special Operations
Group (SOG) and directs the Marshals Service to provide a
report to the Committees on Appropriations no later than
January 15, 2001, on the utilization of the SOG, as well as the
resource requirements necessary to ensure that the SOG can
fulfill its intended mission.
The conference agreement includes language providing not
to exceed 3,947 positions and 3,895 FTE for the Marshals
Service, instead of 4,168 positions and 3,892 FTE as proposed
in the House bill. The Senate-reported amendment did not
include a similar provision. The conference agreement does not
include a provision proposed in the Senate-reported amendment
prohibiting the Marshals Service from providing a protective
vehicle for the Director of the Office of National Drug Control
Policy (ONDCP) unless certain conditions are met. A similar
provision was not included in the House bill. However, the
Marshals Service is directed to provide a report to the
Committees on Appropriations no later than January 15, 2001, on
the usage of a protective vehicle by the Director of ONDCP.
CONSTRUCTION
The conference agreement includes $18,128,000 in direct
appropriations for the U.S. Marshals Service Construction
account, instead of $6,000,000 as proposed in the House bill,
and $25,100,000 as proposed in the Senate-reported amendment.
The conference agreement includes the following distribution of
funds:
USMS Construction
[In thousands of dollars]
Birmingham, AL.................................................... $472
Fort Smith, AR.................................................... 400
Hartford, CT...................................................... 200
Wilmington, DE.................................................... 100
Bowling Green, KY................................................. 300
Boston, MA........................................................ 650
Ann Arbor, MI..................................................... 200
Detroit, MI....................................................... 650
Wilmington, NC.................................................... 775
Buffalo, NY....................................................... 150
Tulsa, OK......................................................... 300
Philadelphia, PA.................................................. 400
Hato Rey, PR...................................................... 793
Spartanburg, SC................................................... 1,441
Greenville, MS.................................................... 1,187
Other Renovation Projects......................................... 9,500
Security Specialists/Construction Engineers....................... 610
______
Total, Construction.......................................18,128
The Marshals Service is directed to use the $9,500,000
provided for Other Renovation Projects for the highest priority
security construction needs in locations with a security score
of 50 or less, and to submit a spending plan for these funds no
later than December 1, 2000.
JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM FUND
The conference agreement includes language, as proposed
in the House bill, to continue the operations of JPATS on a
revolving fund basis through reimbursements from participating
agencies, instead of through a direct appropriation under this
account as proposed in the Senate-reported amendment. The
conference agreement does include a direct appropriation of
$13,500,000 for a one-time capitalization of the Fund to
procure two Sabreliner-class aircraft as proposed in the
Senate-reported amendment.
FEDERAL PRISONER DETENTION
The conference agreement provides $597,402,000 for
Federal Prisoner Detention as proposed in both the House bill
and the budget request, instead of $539,022,000 as proposed in
the Senate-reported amendment, an increase of $72,402,000 over
the fiscal year 2000 direct appropriation. The increase has
been provided as follows: (1) $53,180,000 is for increased jail
days; (2) $10,000,000 is for the Cooperative Agreement Program;
(3) $675,000 is for increased medical costs; and (4) $500,000
is for prisoner medical guard services.
The conference agreement does not include language in
this section proposed in both the House bill and Senate-
reported amendment regarding contracts with private entities
for the confinement of Federal detainees, but instead addresses
this matter as a new general provision under Title I of this
Act. Language is included, as proposed in the House bill,
permanently making available amounts appropriated under this
account to be used to reimburse the Federal Bureau of Prisons
for certain costs associated with providing medical care to
certain pre-trial and pre-sentenced detainees. The Senate-
reported amendment addressed this matter elsewhere under Title
I of this Act.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $125,573,000 for Fees
and Expenses of Witnesses, instead of $95,000,000 as proposed
in the House bill, and $156,145,000 as proposed in the Senate-
reported amendment.
Language is included allowing not to exceed $5,000,000 to
be made available for secure telecommunications equipment and
networks related to protected witnesses, as proposed in the
House bill. The conference agreement does not include a
provision allowing up to $77,067,000 to be transferred from
this account to the Federal Prisoner Detention account as
proposed in the Senate-reported amendment.
COMMUNITY RELATIONS SERVICE
The conference agreement includes $8,475,000 for the
Community Relations Service as proposed in the Senate-reported
amendment, instead of $7,479,000 as proposed in the House bill.
The conference agreement adopts the funding increases provided
in the Senate report. In addition, the conference agreement
includes a provision allowing the Attorney General to transfer
up to $1,000,000 of funds available to the Department of
Justice to this program, as proposed in the House bill. The
Attorney General is expected to report to the Committees on
Appropriations of the House and Senate if this transfer
authority is exercised. In addition, a provision is included
allowing the Attorney General to transfer additional resources,
subject to reprogramming procedures, upon a determination that
emergent circumstances warrant additional funding, as proposed
in both the House bill and the Senate-reported amendment.
ASSETS FORFEITURE FUND
The conference agreement provides $23,000,000 for the
Assets Forfeiture Fund as proposed in Senate-reported
amendment, instead of no funding as proposed in the House bill.
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
The conference agreement includes $2,000,000 for
administrative expenses for fiscal year 2001, the full amount
requested and the same amount proposed in both the House bill
and the Senate-reported amendment. The conference agreement
adopts the bill language in the House bill.
PAYMENT TO RADIATION COMPENSATION EXPOSURE TRUST FUND
The conference agreement provides $10,800,000 for the
compensation trust fund, instead of $3,200,000 provided in the
House bill and $14,400,000 in the Senate-reported amendment.
The conference agreement includes bill language from the
Senate-reported amendment allowing claimants who qualify under
the original statute to be paid and does not provide funding
for the expansion of the program authorized under Public Law
106-245.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement provides a total of $328,898,000
for Interagency Crime and Drug Enforcement as proposed in the
House bill, of which $325,898,000 is derived from direct
appropriations, and $3,000,000 is from prior year carryover.
The House bill included $328,898,000 in direct appropriations,
while the Senate-reported amendment proposed $316,792,000. The
distribution of the total available funding is as follows:
Reimbursements by Agency
[In thousands of dollars]
Drug Enforcement Administration............................... $108,190
Federal Bureau of Investigation............................... 112,468
Immigration and Naturalization Service........................ 15,808
Marshals Service.............................................. 1,984
U.S. Attorneys................................................ 86,582
Criminal Division............................................. 814
Tax Division.................................................. 1,380
Administrative Office......................................... 1,672
--------------------------------------------------------------
____________________________________________________
Total................................................. 328,898
The conferees note that the report requested in fiscal
year 2000 has not yet been delivered to the Committees on
Appropriations.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The conference agreement includes a total of
$3,235,600,000 for the Federal Bureau of Investigation (FBI)
Salaries and Expenses account, instead of $3,229,505,000 as
proposed in the House bill, and $3,077,581,000 as recommended
in the Senate-reported amendment. Of this amount, the
conference agreement provides that not less than $437,650,000
shall be used for counterterrorism investigations, foreign
counterintelligence, and other activities related to national
security, instead of $400,650,000 as proposed in the Senate-
reported amendment, and $159,223,000 as proposed in the House
bill. The following narrative reflects how the funds provided
in the conference agreement are to be spent.
The conference agreement includes a net increase of
$136,080,000 for adjustments to base as follows: increases
totaling $137,219,000 for pay and inflationary increases,
including $27,711,000 for increased costs associated with the
transfer of Civil Service Retirement System (CSRS) employees to
the Federal Employee Retirement System (FERS), increased
Federal health insurance premium costs, and continued direct
funding for the National Instant Check System; offset by
decreases totaling $1,139,000 for non-recurring equipment
purchases.
The conference agreement adopts the concerns and
direction included in the House report regarding the FBI's
inability to execute its budget within the funding levels
provided. The conference agreement provides the full amount
requested for base adjustments to support the FBI's current
staffing and operating level as reflected in the budget
request. The conference agreement also includes a provision
that identifies the funded position and FTE levels provided in
the bill, which are consistent with the full base funding
requested and program increases provided in the conference
agreement. The FBI is directed to continue to provide quarterly
reports to the Committees on Appropriations which delineate by
direct and reimbursable the funded and actual agent and non-
agent staffing level for each decision unit, with the first
report to be provided no later than January 15, 2001.
The following distribution represents the conference
agreement:
FBI SALARIES AND EXPENSES, FISCAL YEAR 2001
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Criminal, Security and Other
Investigations:
Organized Criminal Enterprises........ 3,984 3,993 450,678
White Collar Crime.................... 4,284 4,184 483,273
Other Field Programs.................. 10,551 10,304 1,307,024
-----------------------------
Subtotal............................ 18,819 18,481 2,240,975
=============================
Law Enforcement Support:
Training, Recruitment, and Applicant.. 1,003 984 120,454
Forensic Services..................... 692 680 156,004
Information, Management, Automation & 569 562 166,121
Telecommunications...................
Technical Field Support & Services.... 232 229 141,642
Criminal Justice Services............. 2,171 2,182 216,957
-----------------------------
Subtotal............................ 4,667 4,637 801,178
Program Direction: Management and 2,083 2,024 193,447
Administration...........................
=============================
Total, Direct Appropriations........ 25,569 25,142 3,235,600
------------------------------------------------------------------------
The FBI is reminded that changes in this distribution are
subject to the reprogramming requirements in section 605 of
this Act.
In addition, the conference agreement includes a total of
$59,712,000 in program enhancements for the FBI, of which
$58,348,000 is for initiatives to enhance the FBI's ability to
investigate threats related to domestic terrorism and cyber
crime, as follows:
$25,000,000 is for Digital Storm. The FBI is
directed to provide a spending plan to the Committees
on Appropriations, no later than December 15, 2000, for
Digital Storm.
$2,000,000 is for Joint Terrorism Task Forces. The
FBI is directed to provide a report and spending plan
to the Committees on Appropriations, no later than
December 15, 2000, on this program.
$10,000,000 is for intelligence gathering and
analysis, of which $1,305,000 (20 positions and 10 FTE)
is for FISA preparation; $5,606,000 is for contract
translation services; and $3,089,000 (55 positions and
28 FTE) is for intelligence research specialists. The
conference agreement does not adopt the recommendation
included in the Senate report to require the conversion
of special agents to 55 intelligence research
specialists. While the conference agreement does
provide an enhancement for this activity, the FBI is
directed to use attrition to convert support positions
to intelligence research specialist positions to meet
additional requirements in this area.
$20,000,000 is for other activities, of which the
FBI may spend up to $1,364,000 for National Integrated
Ballistics Network (NIBIN) Connectivity; $3,700,000 (26
positions and 13 FTE) for a counterintelligence
initiative; $3,936,000 for the Automated Computer
Examination System (ACES) and Computer Analysis and
Response Team equipment; $5,500,000 for the Special
Technologies and Applications Unit; and $5,500,000 for
Digital Storm. Should the FBI require additional
resources to address personnel requirements, the
Committees would be willing to entertain a
reprogramming under Section 605 from funding provided
for these enhancements.
$612,000 (8 positions and 4 workyears, including 2
agents) is for the Intellectual Property Rights Center,
as provided for in the House report, to improve
intelligence and analysis related to intellectual
property. The reporting requirement included in Senate
report regarding copyright enforcement is adopted by
reference.
$2,100,000 is for implementation of the
Communications Assistance for Law Enforcement Act
(CALEA), for a total of not less than $17,300,000
within the FBI to be used for this purpose. The
conference agreement adopts the direction in the House
report that the Department and the FBI remain focused
on the timely implementation of CALEA, and therefore
the Department of Justice is directed to submit a
reorganization proposal to address coordination of
CALEA implementation and other related electronic
surveillance issues no later than November 15, 2000.
This reorganization is expected to ensure continued
coordination between the Department and the FBI on all
matters involving CALEA implementation, as well as to
ensure prioritization of financial and personnel
resources required for a continued and sustained
implementation effort.
National Instant Check System (NICS).--The conference
agreement includes $67,735,000 in direct appropriations to
continue operations of the NICS, as well as to provide system
enhancements, including funds for ``hot'' backup for the
Interstate Identification Index (III) and other system
availability improvements.
The fiscal year 2001 budget request for the FBI included
no direct funding for the NICS, and instead proposed to finance
the costs of this system through a user fee. The conference
agreement includes a provision under Title VI of this Act which
prohibits the FBI from charging a fee for NICS checks, and
instead provides funding to the FBI for its costs to operate
the NICS.
FBI Technology Upgrade Plan.--The conference agreement
includes total funding of $100,700,000, 14 positions and 7 FTE,
for this initiative (previously referred to as the Information
Sharing Initiative/e-FBI). This amount is to be derived from
$80,000,000 made available in prior years, and $20,700,000 in
fiscal year 2001 base funding. The House bill proposed a total
of $139,344,000 for this initiative, to be derived from
$80,000,000 in prior year funds, $20,000,000 in fiscal year
2001 base funds, and $39,344,000 in fiscal year 2001 program
increases. The Senate-reported amendment proposed a total of
$40,000,000 for this initiative, to be derived from prior year
funds, and eliminated $20,000,000 in fiscal year 2001 base
funding for this activity. The conference agreement does not
include the rescission of $40,000,000 in prior year funds for
these activities as proposed under Title VII of the Senate-
reported amendment.
The conference agreement approves the plan dated
September 2000, entitled ``FBI Technology Upgrade Plan,
Reprioritized Three Year Implementation Plan.'' Therefore, the
conference agreement includes the full amount necessary for
year one costs as identified on page 47 of the September 2000
implementation plan. The FBI is directed to provide quarterly
status reports to the Committees on implementation of this
plan, including funding obligations, with the first such report
due no later than February 15, 2001.
National Infrastructure Protection/Computer Analysis
Response Teams (CART).--The FBI is directed to convert 14 part-
time positions for Computer Analysis Response Teams (CART)
examiners to full-time positions from personnel not currently
assigned to computer intrusion/infrastructure protection
squads, similar to direction included in the Senate report. The
conference agreement also adopts the direction included in the
Senate report regarding training, promotion and retention of
CART members and computer intrusion/infrastructure protection
squads. The Senate direction regarding development of a cadre
of computer experts from other agencies and the private sector
is adopted by reference.
Victim/Witness Specialists.--The conference agreement
includes a new general provision under Title I of this Act
authorizing funds to be provided to the FBI to improve services
for crime victims from the Crime Victims Fund. These services
are to be limited to victim assistance as described in the
Victims of Crime Act and shall not cover non-victim witness
activities such as witness protection or non-victim witness
management services, paralegal duties or community outreach.
The FBI is further directed to work with the Office of Victims
of Crime (OVC) in developing position descriptions, grade level
and hiring requirements, training and annual reporting requests
for these specialists. The conference agreement assumes
$7,400,000 will be needed to support 112 victim/witness
specialists to be distributed as directed in the Senate report.
The Committees on Appropriations expect to be notified of the
final distribution of these specialists.
Other.--The Senate report language regarding copyright
enforcement, continued collaboration with the Southwest Surety
Institute, the Northern New Mexico anti-drug initiative,
mitochondrial DNA, crimes against children, and background
checks for school bus drivers is adopted by reference. The
conference agreement also adopts by reference the House report
language regarding the Housing Fraud Initiative, the Jewelry
and Gem program, and submission of a comprehensive information
technology report.
In addition, the FBI is directed to fully reimburse the
private ambulance providers for their costs in support of
Hostage Rescue Team operations in St. Martin Parish, Louisiana,
in December, 1999.
In addition to identical provisions that were included in
both the House bill and the Senate-reported amendment, the
conference agreement includes a provision, modified from
language proposed in the House bill, providing not to exceed
25,569 positions and 25,142 FTE for the FBI from funds
appropriated in this Act. The Senate-reported amendment did not
include a similar provision.
construction
The conference agreement includes $16,687,000 in direct
appropriations for construction for the Federal Bureau of
Investigation (FBI), instead of $1,287,000 as proposed in the
House bill, and $42,687,000 as proposed in the Senate-reported
amendment. The agreement provides an increase of $15,400,000
over the fiscal year 2000 level for the FBI Academy firearms
range modernization project, as follows: $1,900,000 for
relocation and consolidation of an ammunition storage facility
and for lead abatement at existing outdoor ranges; and
$13,500,000 for completion of Phase I and Phase II of this
project.
Drug Enforcement Administration
salaries and expenses
The conference agreement includes $1,363,309,000 for the
Drug Enforcement Administration (DEA) Salaries and Expenses
account, instead of $1,362,309,000 as proposed in the House
bill, and $1,345,655,000 as proposed in the Senate-reported
amendment. In addition, $83,543,000 is derived from the
Diversion Control Fund for diversion control activities. The
following narrative reflects how the funds provided in the
conference agreement are to be spent.
Budget and Financial Management.--The conference
agreement adopts by reference the concerns and direction
included in both the House and Senate reports regarding budget
and financial management. The conference agreement also
includes a provision that identifies the funded position and
FTE levels provided in the bill, which are consistent with the
full base funding requested and program increases provided in
the conference agreement.
The following table represents funding provided under
this account:
DEA SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Activity Pos. FTE Amount
------------------------------------------------------------------------
Enforcement:
Domestic Enforcement.................... 2,252 2,183 $407,261
Foreign Cooperative Investigation....... 732 699 206,644
Drug and Chemical Diversion............. 142 143 16,156
State and Local Task Forces............. 1,678 1,675 242,257
-----------------------------
Subtotal.............................. 4,804 4,700 872,318
=============================
Investigative Support:
Intelligence............................ 883 900 112,904
Laboratory Services..................... 381 378 44,463
Training................................ 99 98 20,309
RETO.................................... 355 353 85,190
ADP..................................... 133 130 140,479
-----------------------------
Subtotal.............................. 1,851 1,859 403,345
Management and Administration........... 865 853 87,646
=============================
Total, DEA............................ 7,520 7,412 1,363,309
------------------------------------------------------------------------
DEA is reminded that any deviation from the above
distribution is subject to the reprogramming requirements of
section 605 of this Act.
The conference agreement provides a net increase of
$43,616,000 for base adjustments, as follows: increases
totaling $48,293,000 for pay and other inflationary costs to
maintain current operations, offset by decreases totaling
$4,677,000 for costs associated with one-time and non-recurring
equipment purchases, GSA rent decreases, and the transfer of
funding for a demand reduction project to the Office of Justice
Programs.
In addition, the conference agreement includes program
increases totaling $64,200,000, as follows:
Investigative and Intelligence Requirements.--$48,100,000
is provided for the following investigative and intelligence
enhancements:
$3,100,000, 19 positions (11 agents) and 9 FTE
within Domestic Enforcement for the Special Operations
Division (SOD) to expand support for the Southwest
Border Initiative and to address money laundering and
financial investigations.
$43,000,000, 2 positions and 1 FTE within Automated
Data Processing to continue deployment of Phase II of
FIREBIRD. When combined with $44,870,000 in existing
base resources, a total of $87,870,000 is available for
this program in fiscal year 2001 to enable FIREBIRD to
be fully deployed to all domestic offices and Western
Hemisphere offices. Of this amount, $28,000,000 is for
deployment, $10,477,000 is for technology renewal, and
$49,393,000 is for operations and maintenance and
telecommunications costs. DEA is directed to continue
to provide quarterly FIREBIRD status and obligation
reports to the Committees on Appropriations.
$2,000,000 within Intelligence, of which $1,800,000
is for enhancements to the El Paso Intelligence Center
(EPIC), and $200,000 is to meet expanded participation
in the National Drug Pointer Index (NDPIX) information
system. The House direction regarding a comprehensive
report on participation and utilization of EPIC is
adopted by reference.
Domestic Enhancements.-- $14,600,000 is provided for the
following domestic counter-drug enhancements:
$4,600,000, 25 positions (15 agents) and 13 FTE
within Domestic Enforcement to establish an additional
Regional Enforcement Team (RET). This amount, when
combined with existing base resources, provides a total
of $24,195,000 for RETS in fiscal year 2001.
$1,500,000, 14 positions (9 agents) and 7 FTE
within Domestic Enforcement to enhance heroin
enforcement, providing a total of $30,291,000 in fiscal
year 2001 for this effort, as recommended in the Senate
report. The Senate direction regarding black tar heroin
is adopted by reference.
$1,500,000 within Domestic Enforcement to enhance
methamphetamine enforcement, providing a total of
$27,459,000 in fiscal year 2001 for this effort, as
recommended in the Senate report.
$1,000,000 within State and Local Task Forces to
enhance State and local methamphetamine training
activities, as recommended in the Senate report.
$6,000,000 within Research, Engineering and
Technical Operations (RETO) to procure three additional
single-engine helicopters for drug enforcement
activities along the Southwest border.
In addition, the conference agreement includes a total of
$20,000,000 under the Community Oriented Policing Services
Methamphetamine/Drug ``Hot Spots'' program to assist State and
local law enforcement agencies with the costs associated with
methamphetamine clean-up.
Budget and Financial Management.--$1,500,000, 8 positions
and 4 FTE within Program Management and Administration to
improve DEA's financial and resource management oversight,
including funds to support DEA's Federal Financial System and
for additional staffing for Finance and Resource Management.
Other.--The conference agreement includes a total of
$20,000,000 for the special investigative unit (SIU) program.
Within the amount available, DEA may establish a joint Haitian/
Dominican Republic SIU on the island of Hispaniola. DEA is
reminded that the Committees on Appropriations are to be
notified in accordance with section 605 of this Act prior to
the expansion of this program to any additional countries.
There are continued concerns about endemic corruption within
the Mexico SIU program which has severely limited its
effectiveness. DEA is directed to report to the Committees on
Appropriations no later than February 1, 2001, on progress made
in resolving these problems and recommendations to make the
Mexico program effective.
The conference agreement adopts by reference the
direction included in the House report regarding continued
participation in the HIDTA program, quarterly reports on source
and transit countries, quarterly reports on implementation of
the Caribbean initiative, and a report on requirements in the
region. The conference agreement does not include funding under
DEA for continuation of the demand reduction initiative
recommended in the House report, but has instead transferred
base funding for this program from DEA Domestic Enforcement to
the Office of Justice Programs. DEA is also directed to better
coordinate its operations with other Federal agencies,
including INS and the FBI, along the Southwest Border, and to
pursue co-location of offices whenever practical. The direction
included in the Senate report regarding DEA's presence in Chile
is adopted by reference. Within the amounts provided under this
account, DEA may use up to $500,000 for a study on methods to
eliminate the effectiveness of anhydrous ammonia in
methamphetamine production, as authorized.
Drug Diversion Control Fee Account.--The conference
agreement provides $83,543,000 for DEA's Drug Diversion Control
Program for fiscal year 2001, as provided in the House bill and
the Senate-reported amendment. This amount includes an increase
of $3,213,000 for adjustments to base, including the
annualization of 25 positions provided in fiscal year 2000 for
customer service improvements and drug data analysis. The
conference agreement assumes that the level of balances in the
Fee Account are sufficient to fully support diversion control
programs in fiscal year 2001. As was the case in fiscal years
1999 and 2000, no funds are provided in the DEA Salaries and
Expenses appropriation for this account in fiscal year 2001.
The conference agreement includes bill language, modified
from language proposed in the House bill, providing not to
exceed 7,520 positions and 7,412 FTE for DEA from funds
provided in this Act. The Senate-reported amendment did not
include a similar provision.
construction
The conference agreement includes no new funding for this
account as proposed in the Senate-reported amendment, instead
of $5,500,000 as proposed in the House bill. A total of
$19,500,000 in prior year carryover balances is available to
fund planned fiscal year 2001 expenditures.
Immigration and Naturalization Service
salaries and expenses
The conference agreement includes $3,125,876,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS), instead of $3,121,213,000 as provided in the
House bill, and $2,895,397,000 as provided in the Senate-
reported amendment. In addition to the amounts appropriated,
the conference agreement assumes that $1,549,480,000 will be
available from offsetting fee collections instead of
$1,438,812,000 as proposed by the House and $1,524,771,000 as
proposed by the Senate. Thus, including resources provided
under the Construction account, the conference agreement
provides a total operating level of $4,808,658,000 for INS,
instead of $4,670,689,000 as proposed by the House and
$4,553,470,000 as proposed by the Senate, representing a
$548,242,000 (13%) increase over fiscal year 2000. The
following narrative reflects how funds provided in the
conference agreement are to be spent.
INS Organization and Management.--The conference
agreement incorporates concerns expressed in the House report
that a lack of resources is no longer an acceptable response to
INS's inability to adequately address its mission
responsibilities. The conference agreement includes the
establishment of clearer chains of command--one for enforcement
activities and one for services to non-citizens--as one step
towards making the INS a more efficient, accountable, and
effective agency. Consistent with the concept of separating
immigration enforcement from services, the conference agreement
continues to provide for a separation of funds, as in the
fiscal year 1999 and 2000 Appropriations Acts. The conference
agreement separates funds into two accounts, as requested in
the budget and proposed in the House bill: Enforcement and
Border Affairs, and Citizenship and Benefits, Immigration
Support and Program Direction. INS enforcement funds are
provided in the Enforcement and Border Affairs account. All
immigration-related benefits and naturalization, support and
program resources are provided in the Citizenship and Benefits,
Immigration Support and Program Direction account. Neither
account includes revenues generated in various fee accounts to
fund program activities for both enforcement and services
functions, which are in addition to the appropriated funds and
are discussed below. Funds for INS construction projects
continue to be provided in the INS Construction account.
The conference agreement includes bill language which
provides authority for the Attorney General to transfer funds
from one account to another in order to ensure that funds are
properly aligned. Such transfers may occur notwithstanding any
transfer limitations imposed under this Act but such transfers
are still subject to the reprogramming requirements under
Section 605 of this Act. It is expected that any request for
transfer of funds will remain within the activities under those
headings.
The conference agreement includes $2,547,057,000 for
Enforcement and Border Affairs, and $578,819,000 for
Citizenship and Benefits, Immigration Support and Program
Direction.
Base adjustments.--The conference agreement provides a
total increase of $101,008,000 and 641 FTE for adjustments to
base for INS salaries and expenses, offset by a $89,000,000 and
404 FTE transfer to the INS Exams Fees account for the
naturalization and backlog reduction initiatives, as proposed
in the budget request. The conference agreement does not
include transfers to the Exams Fees account, the Breached/Bond
Detention account, and the Justice Prisoner Alien
Transportation System (JPATS) Fund, as proposed in the Senate-
reported amendment.
For the Enforcement and Border Affairs account, the
conference agreement provides an increase of $86,255,000 and
889 FTE for pay and inflationary adjustments for Border Patrol,
Investigations, Detention and Deportation, and Intelligence.
This represents the full amount requested less $11,770,000 for
the annualization of border patrol agents not yet hired, and
$3,343,000 for the portion of the fiscal year 2000 annualized
pay raise which has already been paid in the current fiscal
year. Funds have not been included for the proposed increase in
the journeyman level for border patrol agents and immigration
inspectors.
For the Citizenship and Benefits, Immigration Support and
Program Direction account, the conference agreement includes an
increase of $14,752,000 for pay and inflationary adjustments
for the existing activities of Citizenship and Benefits,
Immigration Support, and Management and Administration; offset
by a transfer of $89,000,000 in naturalization and backlog
reduction activities to the Exams Fees account, as proposed in
the budget. The amount provided for base adjustments represents
the full amount requested less $690,000 for the portion of the
fiscal year 2000 annualized pay raise which has already been
paid in the current fiscal year. In addition, $35,000,000 is
continued within the base to support naturalization and other
benefits processing backlog reduction activities.
None of these amounts include offsetting fees, which are
used to fund both enforcement and services functions.
In addition, program increases totaling $222,768,000 are
provided, as follows:
Border Control and Management.--$100,612,000 is provided
for additional border patrol staffing, technology, land border
inspections, and Joint Terrorism Task Forces, as follows:
$52,000,000, 430 positions and 215 FTE, are for new
border patrol agents. It is noted that again in fiscal
years 1999 and 2000, the INS has failed to hire the
1,000 new border patrol agents provided in each of
those years. Should the INS be unable to recruit the
required agents again in fiscal year 2001, the INS is
to submit a reprogramming in accordance with section
605 of this Act, prior to expenditure of the funds
provided for the hiring of border patrol agents for any
other purpose.
While some level of border control is being
witnessed on parts of the Southwest border,
particularly in San Diego, as a result of increased
border patrol agents and technology, in other areas of
the country border control remains a growing problem,
particularly in the Northwest, Southeast, and other
areas of the Southwest border. The House report
language regarding consultation and submission of a
deployment plan for new border patrol agents and
direction in the House report regarding quarterly
hiring status reports are adopted by reference. Senate
report language prohibiting the transfer of any border
patrol agents or technology from the Northwest border
to the Southwest border is also adopted by reference.
$33,835,000 is for additional border patrol
equipment and technology, for the following activities:
$598,000 is for replacement patrol boats
to combat alien smuggling on the Great Lakes, the
Detroit River, Lake St. Clair, and the St. Lawrence
Seaway.
$17,500,000 is for the deployment of
additional Integrated Surveillance Intelligence Systems
(ISIS) along the Northern and Southern borders. When
combined with existing base funds, a total of
$35,500,000 is available for ISIS. INS is directed to
consult with the Committees on Appropriations and
provide a deployment plan for these systems no later
than December 15, 2000, which reflects the highest
priority locations on both the Northern and Southern
borders.
$15,737,000 is for additional border
patrol equipment and technology. The conference
agreement includes a total of $30,737,000 for
additional border patrol equipment and technology, of
which $15,737,000 is provided as a program increase and
$15,000,000 is to be derived from within existing base
resources. Funding provided is to be used for high
priority equipment, including fiber optic scopes, hand-
held search lights, vehicle infrared cameras, Global
Positioning Systems, infrared scopes, night vision
goggles, hand-held range-finder night vision
binoculars, and pocket scopes. INS is directed to
provide a spending plan for these funds to the
Committees on Appropriations no later than December 15,
2000.
$6,277,000, 72 positions and 36 FTE are for additional
inspectors at land border Ports of Entry (POE). INS is directed
to consult with the Committees on Appropriations and provide a
deployment plan no later than December 15, 2000 which reflects
the highest priority locations for distribution of these
resources.
$7,000,000, 58 positions and 29 FTE are for additional
investigators and operational costs associated with INS
participation in Joint Terrorism Task Forces to address
immigration-related issues in terrorism cases.
Additionally, the conference agreement includes a
$1,500,000 increase for the Law Enforcement Support Center
(LESC), providing a total of $12,500,000 for the LESC in fiscal
year 2001.
The conference agreement adopts by reference the House
report language regarding the relocation of Tucson Sector
helicopter operations and related housing costs, a joint plan
on combating illegal immigration through Federal lands and
parks, and establishment of a joint task force to study
emergency medical services for illegal aliens.
Interior Enforcement/Removal of Deportable Aliens.--
$120,856,000 is provided for interior enforcement, including
the tracking, detention, and removal of aliens, as follows:
$87,306,000, 120 positions and 60 FTE are for an
additional 1,167 detention beds, including 1,000 beds
in State and local facilities, and 120 juvenile
detention beds, as proposed in the House report.
$15,550,000 is for additional JPATS movements, as
proposed in the House report. The conference agreement
does not include the proposed transfer of funds from
INS to the JPATS Fund for this activity which was
recommended in the Senate report.
$11,000,000, 100 positions and 50 FTE are for 23
additional Quick Response Teams, as proposed in the
House report. The House report language regarding
consultation and submission of a deployment plan and
direction regarding quarterly status reports are
adopted by reference.
In addition, the conference agreement includes an
additional $3,000,000 under the Community Oriented
Policing Services program to expand the program to
provide video-teleconferencing equipment and technology
to allow State and local law enforcement to confirm the
status of an alien suspected of criminal activity.
$3,000,000, 28 positions and 14 FTE are for
expansion of the on-going Criminal Alien Apprehension
Program (CAAP), pursuant to Public Law 105-141. The
Senate report language regarding Salt Lake City is
adopted by reference, and INS is directed to report its
intention regarding this matter to the Committees on
Appropriations no later than December 1, 2000. The
House report language regarding consultation and
submission of a deployment plan is adopted by
reference.
$4,000,000, 26 positions and 13 FTE are for INS to
enter INS criminal alien records into the National
Criminal Information Center (NCIC) in order to address
the current backlog and to ensure that INS does not
lose its NCIC privileges. The direction included in the
House report regarding development of a comprehensive
plan to address this problem is adopted by reference.
Concerns have been expressed regarding the adequacy of
the current training course for Detention Enforcement Officers
(DEO) in light of the increasingly violent detainee population
and other factors. INS is directed to complete a comprehensive
assessment of its current DEO training course and provide a
report to the Committees on Appropriations no later than July
1, 2001, with recommendations for improvements.
The conference agreement reflects concerns regarding INS'
failure to vigorously pursue an effective interior enforcement
strategy, and adopts by reference the direction included in the
House report regarding quarterly reporting on detention and
removal orders. The Senate report language regarding
tuberculosis monitoring is also adopted by reference.
Professionalism and Infrastructure.--The conference
agreement includes an increase of $1,300,000 for the Debt
Management Center, as proposed in the Senate report. INS is
expected to follow the direction included in the Senate report
regarding annualization of this increase in fiscal year 2002.
IAFIS/IDENT.--The conference agreement adopts the
recommendation included in the House report directing that
$5,000,000 from within existing INS base funds available for
IDENT be transferred to the Justice Management Division to
continue the planned IAFIS/IDENT integration project, including
systems design and development work and additional operational
testing. INS is directed to comply with the direction in the
House report regarding further deployment of IDENT.
Within the total amount available to INS, $2,103,000 is
to be used to establish the task force required by Public Law
106-215.
Services/Benefits.--The Congress has provided significant
additional resources to the INS over the past three years to
address the naturalization backlog, improve the integrity of
the naturalization process, and improve services. The
conference agreement provides a total of $1,004,851,000 for
these activities, $70,134,000 (7%) over the amount requested in
the budget, and $135,222,000 (16%) over the fiscal year 2000
level. However, serious concerns remain about the INS' failure
to manage its resources, and the Committees continue to receive
complaints from Members of Congress and their constituents
about the problems of backlogs in application processing and
casework, and deficiencies in other services. Again this year,
the conference agreement includes significant additional
resources, over and above the President's budget request, for
benefits and services. Therefore, INS is directed to conduct a
complete review of staffing and resource needs to improve
benefits and services in all current INS offices, as well as
the need for additional offices, particularly in rural areas.
INS is directed to complete this review and report its findings
to the Committees on Appropriations, including a proposal to
reallocate resources as warranted, no later than December 15,
2000. As part of this review, the INS is directed to pay
particular attention to the following areas: Fort Smith,
Arkansas; Adak, Alaska; San Francisco, California; Ventura,
California; Washington, D.C.; Des Moines, Iowa; Louisville,
Kentucky; the Bronx, New York; New York, New York; Omaha,
Nebraska; Northern New Jersey; Las Vegas, NV; Greer, South
Carolina; Nashville, Tennessee; Roanoke, Virginia; and
Milwaukee, Wisconsin. In addition, the conferees are concerned
with the diversion of resources from smaller rural offices and
direct INS to notify the Committees prior to the reallocation
of resources, including the temporary reassignment of
personnel, from the area identified in the Senate report.
The conference agreement adopts by reference the
direction included in the House report regarding monthly
reports on the status of processing immigration benefits
applications, continuation of the San Jose customer service
pilot, and a report on unreviewed Citizenship USA cases, which
is to be submitted no later than November 1, 2000.
In addition to identical provisions included in both the
House bill and the Senate-reported amendment, the conference
agreement includes the following additional provisions, as
follows: (1) a limitation of $30,000 per individual employee
for overtime payments, as proposed in the House bill, instead
of $20,000 as proposed in the Senate-reported amendment; (2) a
limitation on funding and staffing available to the Offices of
Legislative and Public Affairs, as proposed in the House bill;
(3) a prohibition on the use of funds to operate the San
Clemente and Temecula traffic checkpoints unless certain
conditions are met, as proposed in the House bill; and (4)
limitations on the number of positions and FTE provided to INS
in this Act, modified from language proposed in the House bill.
OFFSETTING FEE COLLECTIONS
The conference agreement assumes $1,549,480,000 will be
available from offsetting fee collections, instead of
$1,438,812,000 as proposed in the House bill and $1,524,771,000
as proposed in the Senate-reported amendment, to support
activities related to the legal admission of persons into the
United States. These activities are funded entirely by fees
paid by persons who are either traveling internationally or are
applying for immigration benefits. The following levels are
recommended:
Immigration Inspections User Fees.--The conference
agreement includes $494,384,000 of spending from offsetting
collections in this account, the same amount proposed in Senate
report, and $15,505,000 above the amount included in the House
report. This amount represents a $38,999,000 increase over
fiscal year 2000 spending, and does not assume the addition of
any new or increased fees on airline or cruise ship passengers.
The conference agreement includes $18,489,000 for adjustments
to base, the full amount requested. In addition, program
increases are provided as follows: $12,186,000, 154 positions
and 77 FTE to increase primary inspectors at new airport
terminals; and $8,324,000 to address additional staffing and
other requirements. Funding is not included for the proposed
change in the journeyman level for inspectors. INS is directed
to consult with Committees on Appropriations and to submit a
spending and deployment plan no later than December 1, 2000,
which allocates these additional resources to the highest
priority locations. Should additional fees become available,
the INS may submit a reprogramming in accordance with section
605 of this Act.
Immigration Examinations Fees.--The conference agreement
includes a total of $1,004,851,000 to support the adjudication
of applications for immigration benefits, instead of
$918,717,000 as proposed in the House bill, $841,017,000 as
proposed in the Senate-reported amendment, and $934,617,000 as
requested in the budget. These funds are derived from
offsetting collections in the Examinations Fees account from
persons applying for immigration benefits, including
collections from a new voluntary premium processing fee as
proposed in the House bill and the budget request, and
$35,000,000 in continued direct appropriations under the
Citizenship and Benefits, Immigration Support, and Program
Direction account. The conference agreement reflects the INS'
revised revenue estimates for collections from existing fees
which is $107,534,000 higher than the amount assumed in the
budget request, and $144,534,000 above the amount available in
fiscal year 2000. When combined with additional revenues
estimated from the new voluntary premium processing fee, the
total amount of collections available in the Examinations Fees
account for adjudication of immigration benefits is
$224,534,000 over the amount available in fiscal year 2000.
When combined with direct appropriations, the total amount
included in the conference agreement for benefits processing,
adjudication, and backlog reduction is an increase of
$70,134,000 (7%) above the budget request and $135,222,000
(16%) above the amount provided in fiscal year 2000. Therefore,
the conference agreement does not include the reinstatement of
section 245(i) as proposed in the Senate-reported amendment. In
addition, the conference agreement does not adopt the transfer
of $49,741,000 from Examinations Fees funding to the Executive
Office of Immigration Review (EOIR); and the transfer of
$50,000,000 in non-adjudication related activities from the
Salaries and Expenses account to the Examinations Fees account
which were proposed in the Senate-reported amendment.
Within the Examinations Fees account, the conference
agreement provides the following: $25,676,000 for adjustments
to base; and program enhancements totaling $94,841,000, as
proposed in the House report, for the following activities: (1)
$16,000,000 for implementing premium business service
processing; (2) $7,500,000 for anti-fraud investigations
related to business-related visa applications and marriage
fraud; (3) $13,000,000 for the telephone customer service
center, for a total of $43,000,000, the full amount requested;
(4) $4,200,000 for the indexing and conversion of INS microfilm
images, for a total of $7,200,000; and (5) $53,641,000 for
replacement of the case tracking system and hardware in field
offices and continued development and installation of digital
photography and signature capabilities in the Application
Support Centers. Included within these amounts is $6,000,000
for installation of the CLAIMS 4 system in the Los Angeles,
California district office which will complete nationwide
deployment of the system. INS is directed to submit a spending
plan in accordance with the reprogramming procedures set forth
in section 605 of this Act which allocates the remaining
$51,134,000 in additional resources made available in the Exams
Fees account, and the $35,000,000 in continued direct
appropriations provided for backlog reduction initiatives.
The INS is directed to make available to EOIR from the
INS Examinations Fees account not less than $1,000,000 to be
applied toward expenditures related to EOIR's acquisition of
contract court interpreter services for immigration court
proceedings.
Land Border Inspections Fees.--The conference agreement
includes $1,670,000 in spending from the Land Border Inspection
Fund, as proposed in the Senate report, instead of $1,641,000
as proposed in the House report. The current revenues generated
in this account are from Dedicated Commuter Lanes in Blaine and
Port Roberts, Washington, Detroit Tunnel and Ambassador Bridge,
Michigan, and Otay Mesa, California, and from Automated Permit
Ports that provide pre-screened local border residents' border
crossing privileges by means of automated inspections.
Immigration Breached Bond/Detention Fund.--The conference
agreement includes $80,600,000 in spending from the Breached
Bond/Detention Fund, as proposed in the House report, instead
of $130,634,000 as proposed in the Senate report, and reflects
the current estimate of revenues available in the Fund in
fiscal year 2001 based upon current law. The conference
agreement does not assume the reinstatement of Section 245(i),
which was proposed in the Senate-reported amendment and the
budget request. Instead, the conference agreement provides a
$37,480,000 increase in the INS Salaries and Expenses account
to fully fund the detention requirements requested in the Fund,
but for which revenues are insufficient in fiscal year 2001.
The agreement does not include the base transfer to the
Breached Bond/Detention Fund account, as proposed in the Senate
report.
Immigration Enforcement Fines.--The conference agreement
includes $1,850,000 in spending from Immigration Enforcement
fines, the amount requested and proposed in the House report,
instead of $5,593,000 as proposed in the Senate report.
H-1B Fees.--The conference agreement includes $1,125,000
in spending from the H-1B Fee account, the amount requested and
the amount proposed in the House report, instead of $1,473,000
as proposed in the Senate report.
CONSTRUCTION
The conference agreement includes $133,302,000 for
construction for INS, as proposed in the Senate-reported
amendment, instead of $110,664,000 as proposed in the House
bill. This amount fully funds the Administration's request,
funds $5,000,000 in habitability, life safety, and other
improvements at the Charleston Border Patrol Academy, and
provides increases over the requested amount of $7,353,000 for
one-time build out and $9,814,000 for maintenance, repair, and
alteration to accelerate these programs.
The conference agreement includes language, as proposed
in the House bill and carried in prior Appropriations Acts,
prohibiting funds from being used for site acquisition, design,
or construction of a checkpoint in the Tucson Sector. The
Senate-reported amendment did not include a similar provision.
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes $3,476,889,000 for the
salaries and expenses of the Federal Prison System, instead of
$3,430,596,000 as proposed in the House bill and $3,573,729,000
as proposed in the Senate-reported amendment. The agreement
assumes that, in addition to the amounts appropriated,
$31,000,000 will be available for necessary operations from
unobligated carryover balances from the prior year.
The conference agreement includes funding to begin and or
complete the activation of the following facilities:
Victorville, CA......................................... $5,882,000
Houston, TX............................................. 637,000
Brooklyn, NY............................................ 8,131,000
Philadelphia, PA........................................ 5,718,000
Butner, NC.............................................. 11,808,000
Loretto, PA expansion................................... 613,000
Pollock, LA............................................. 33,511,000
Atwater, CA............................................. 22,316,000
Coleman, FL............................................. 10,235,000
Honolulu, HI............................................ 14,119,000
Ft. Dix, NJ expansion................................... 4,893,000
Yazoo City, MS expansion................................ 674,000
Lompoc, CA expansion.................................... 907,000
El Paso, TX expansion................................... 2,357,000
Seagoville, TX expansion................................ 1,208,000
Jesup, GA expansion..................................... 200,000
The conference agreement provides an additional $500,000
for the National Institute of Corrections (NIC) to study
whether the location of illegal alien holding facilities along
the Southern border of the United States contributes to the
illegal immigration problems in this country. The conference
agreement includes $4,000,000 for the NIC to address issues
related to children of prisoners, as described in the Senate
report. Of the amounts provided, up to $1,000,000 shall be for
the NIC to address the issue of staff sexual misconduct
involving female inmates as described in the Senate report.
The conference agreement provides $100,000 for
implementation of a pilot internship program at the Federal
Correctional Institution in Yazoo City, MS as described in the
Senate report. The conference agreement adopts the Senate
report language directing BOP to continue to assess the
feasibility of construction of a high security facility in
Yazoo City, MS as described in the Senate report.
The conference agreement includes a $3,000,000
enhancement for education programming instead of the $7,433,000
requested. If additional resources become available either
through prior year unobligated balances or as a result of
savings in fiscal year 2001, BOP is expected to fund these
additional costs.
BUILDINGS AND FACILITIES
The conference agreement includes $835,660,000 for
construction, modernization, maintenance and repair of prison
and detention facilities housing Federal prisoners, the same
level as provided in the House bill, instead of $724,389,000 as
provided in the Senate-reported amendment. The conference
agreement provides $681,271,000 for construction of new
facilities as outlined below:
[In thousands of dollars]
Facility Amount
Facilities with prior funding:
FCI Forrest City, AR................................ $95,814
FCI Yazoo City, MS.................................. 86,884
USP Lompoc, CA...................................... 118,111
FCI Butner, NC...................................... 83,111
FCI Victorville, CA................................. 116,838
FCI Herlong/Sierra, CA.............................. 116,861
Facilities with no prior funding:
USP Western......................................... 11,930
USP Southeastern.................................... 11,931
FCI Southeastern.................................... 5,430
FCI Mid-Atlantic.................................... 5,430
FCI Midwestern...................................... 5,431
FCI Western......................................... 6,000
FCI South Central................................... 5,000
FCI Northeast....................................... 5,000
FCI Mid-Atlantic.................................... 5,000
Mid-Atlantic Female................................. 2,000
Alaska Prison Study................................. 500
--------------------------------------------------------
____________________________________________________
Total........................................... 681,271
After reviewing numerous sites in South Carolina, the
Bureau of Prisons (BOP) narrowed its focus on four potential
locations that would be suitable for the construction of
correctional facilities. Following a comprehensive
Environmental Impact Study completed in April, 2000, the BOP
identified two preferred sites in Williamsburg and Marlboro
Counties. A Record of Decision (ROD) for the Salters site,
Williamsburg County was signed by the Director, BOP on July 19,
2000. On the same date, the ROD was signed for the Bennetsville
site, Marlboro County. The BOP is in the process of procuring a
design/build contract for the Salters site and is proceeding
with the second preferred site, consistent with the ROD and the
fiscal year 2001 request.
The Senate provided $7,954,000 to plan and design a
prison in Alaska while the House included no such funding. The
managers note that there is no Federal prison in Alaska and
State prisons are severely overcrowded and are operating under
a court order requiring some prisoners to be transported to
lower 48 State prisons. Likewise, Federal prisoners in Alaska
must be transported by commercial air to Federal facilities
thousands of miles away at a huge cost to taxpayers.
The Director of the Bureau of Prisons is directed to
prepare a feasibility study on the need for a new prison in
Alaska including the number of Federal prisoners who would be
housed, the types of detention, rehabilitation, vocational and
educational facilities that would be required, and the
potential to lease surplus beds to the State of Alaska to
reduce its prison overcrowding. The report should also analyze
the costs of construction, the cost savings that would be
realized from reduced prisoner transportation costs, and
potential financing options, including State contributions and
private financing and operation. The managers have provided
$500,000 for the study which should be conducted in
consultation with the U.S. Marshal for Alaska, the Chief Judge
of the United States District Court, the Alaska Commissioner of
Corrections and private parties or non-profit corporations with
an interest in prison issues. The report should be submitted to
the House and Senate Committees on Appropriations by March 15,
2001.
Federal Prison Industries, Incorporated
(LIMITATION ON ADMINISTRATIVE EXPENSES)
The conference agreement includes a limitation on
administrative expenses of $3,429,000, as requested and as
proposed in both the House bill and the Senate-reported
amendment.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $418,219,000 for
Justice Assistance, instead of $307,611,000 as proposed in the
House bill and $426,403,000 as proposed in the Senate-reported
amendment. The conference agreement includes the following:
National Institute of Justice........................... $70,000,000
Defense/Law Enforcement Technology Transfer......... (12,277,000)
Bureau of Justice Statistics............................ 28,755,000
Missing Children........................................ 23,048,000
Regional Information Sharing System..................... 25,000,000
National White Collar Crime Center...................... 9,250,000
Management and Administration........................... 41,186,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ 197,239,000
========================================================
____________________________________________________
Counterterrorism Programs:
Equipment........................................... 109,400,000
Nunn-Lugar-Domenici Program......................... 20,980,000
Training............................................ 45,500,000
Exercises........................................... 7,000,000
Technical Assistance................................ 2,000,000
Counterterrorism Research and Development........... 36,100,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ 220,980,000
========================================================
____________________________________________________
Total, Bureau of Justice Assistance............. 418,219,000
National Institute of Justice (NIJ).--The conference
agreement provides $70,000,000 for the National Institute of
Justice, instead of $41,448,000 as proposed in the House bill
and $46,000,000 as proposed in the Senate-reported amendment.
Additionally, $5,200,000 for NIJ research and evaluation on the
causes and impact of domestic violence is provided under the
Violence Against Women Grants program; $17,500,000 is provided
from within technology funding in the Community Oriented
Policing Services account to be available to NIJ to develop
new, more effective safety technologies for safe schools; and
$20,000,000 is provided to NIJ, as was provided in previous
fiscal years, within the Local Law Enforcement Block Grant for
assisting local units to identify, select, develop, modernize
and purchase new technologies for use by law enforcement.
The conference agreement adopts by reference the
following recommendations in the House report which are within
the overall amounts provided to NIJ. The Office of Justice
Programs is expected to review proposals, provide grants if
warranted, and report to the Committees on its intentions
regarding: a grant at the current year level for information
technology applications for High Intensity Drug Trafficking
Areas; a grant for the Snohomish County Medical Examiner's
Office to assist in the development of a new death
investigation module for the FBI's ViCAP system; and a
$1,800,000 grant for facial recognition.
The conference agreement adopts the following
recommendations in the Senate report that provides that within
the overall amount provided to NIJ, the Office of Justice
Programs is expected to review proposals, provide grants if
warranted, and report to the Committees on Appropriations on
its intentions regarding: a $400,000 grant for continued
research into non-toxic drug detection and identification
aerosol technology; a $300,000 grant for Washington State
Breaking the Cycle; and a $100,000 grant for perfluorocarbon
tracer.
Within the amount provided, the conference agreement
directs that increased amounts over fiscal year 2000 be made
available for computerized identification systems and the DNA
Research Technology and Development Program, as proposed in the
Senate report.
The conference agreement provides $15,000,000 for an
education and development initiative to promote criminal
justice excellence at Eastern Kentucky University in
conjunction with the University of Kentucky.
The conference agreement includes $600,000 for NIJ to
develop, test, and validate a prototype national Vulnerability
Assessment (VA) methodology for assessing the security of
chemical facilities against terrorist and criminal attacks,
consistent with the requirements of Public Law 106-40. This
report is expected to include recommendations for the Attorney
General on the appropriate security classification and public
release of information likely to be generated by a national VA
of chemical facilities, including an analysis of expected risks
and benefits. One year after enactment of this Act, the
Attorney General shall provide to the Committees on
Appropriations a comprehensive report on the findings derived
from the development of the VA methodology. The information
contained in this report will be used only to describe and
validate conditions at chemical facilities in general and will
contain no identifications of specific chemical facilities.
Defense/Law Enforcement Technology Transfer.--Within the
total amount provided to NIJ, the conference agreement includes
$12,277,000 to assist NIJ, in conjunction with the Department
of Defense, in converting non-lethal defense technology to law
enforcement use. Within the amount provided is funding for the
continuation of the law enforcement technology center network,
which provides States with information on new equipment and
technologies, as well as assisting law enforcement agencies in
locating high cost/low use equipment for use on a temporary or
emergency basis. The current year level is provided for the
technology commercialization initiative at the National
Technology Transfer Center and other law enforcement technology
centers. The current year level is provided for the Center for
Rural Law Enforcement Technology and Training to evaluate and
assist in providing technology needs of rural State and local
law enforcement officers, as part of the National Law
Enforcement and Corrections Technology Center (NLECTC) system.
$1,500,000 is also provided to develop plans to establish a
National Law Enforcement and Corrections Technology Center in
Alaska as described in the Senate report.
The conference agreement includes an $8,000,000 increase
for smart gun technology research and development.
Bureau of Justice Statistics (BJS).--The conference
agreement provides $28,755,000 for the Bureau of Justice
Statistics, instead of $25,505,000 as proposed in the House
bill and $27,305,000 as proposed by the Senate-reported
amendment. The recommendation includes $500,000 for
inflationary cost increases, $725,000 to collect Computer Crime
and Cyber-Fraud Statistics as described in the Senate report
and $2,000,000 for tribal criminal justice statistics.
Missing Children.--The conference agreement provides
$23,048,000 for the Missing Children Program instead of
$25,473,000 as proposed in the Senate-reported amendment and
$19,952,000 as proposed in the House bill. Within the amounts
provided the conference agreement assumes the following:
(1) $9,298,000 for the Missing Children Program
within the Office of Justice Programs, Justice
Assistance, including the following: $6,500,000 for
State and local law enforcement to continue specialized
cyberunits and to form new units to investigate and
prevent child sexual exploitation which are based on
the protocols for conducting investigations involving
the Internet and online service providers that have
been established by the Department of Justice and the
National Center for Missing and Exploited Children.
(2) $11,450,000 for the National Center for Missing
and Exploited Children, of which $100,000 is provided
for a case manager as described in the Senate report;
$2,250,000 is for CyberTipline, Cyperspace training and
continuation of a study regarding the victimization of
children on the Internet as described in the Senate
report. Additional funding is also provided for a legal
and technical assistance section. OJP is directed to
work with the National Center for Missing and Exploited
Children to identify law enforcement agencies which
currently utilize computers in their patrol vehicles
and create a program to use computers to disseminate
information on missing children as described in the
Senate report.
(3) $2,300,000 for the Jimmy Ryce Law Enforcement
Training Center for training of State and local law
enforcement officials investigating missing and
exploited children cases.
Regional Information Sharing System (RISS).--The
conference agreement includes $25,000,000 for RISS, instead of
$20,000,000 and a $5,000,000 transfer from the COPS program as
proposed in the House bill and $30,000,000 as proposed in the
Senate-reported amendment.
White Collar Crime Information Center.--The conference
agreement includes $9,250,000 for the National White Collar
Crime Center (NWCCC), as proposed in the House bill, instead of
no funding as proposed in the Senate-reported amendment.
Counterterrorism Assistance.--The conference agreement
includes a total of $220,980,000 to continue the initiative to
prepare, equip, and train State and local entities to respond
to incidents of chemical, biological, radiological, and other
types of domestic terrorism, instead of $152,000,000 as
proposed in the House bill and $257,000,000 as proposed in the
Senate-reported amendment. Funding is provided as follows:
Equipment.--$109,400,000 is provided for grants to equip
State and local first responders, including, but not limited
to, firefighters and emergency services personnel, as follows:
$97,000,000 for Domestic Preparedness
Equipment Grants to be used to procure specialized
equipment required by State and local first responders
to respond to terrorist incidents involving chemical,
biological, radiological, and explosive weapons of mass
destruction (WMD). The conference agreement continues
the direction included in the fiscal year 2000
Appropriations Act, allowing funds to be allocated only
in accordance with an approved State plan, and adopts
the direction included in the Senate report requiring
80 percent of each State's funding to be provided to
local communities with the greatest need. Within the
total amount provided for these grants, up to
$2,000,000 shall be made available for continued
support of the Domestic Preparedness Equipment
Technical Assistance program at the Pine Bluff Arsenal;
$5,000,000 is for equipment grants for
State and local bomb technicians, instead of
$10,000,000 as proposed in the House report; and
$7,400,000 is for pre-positioned
equipment, as proposed in the Senate report.
Nunn-Lugar-Domenici Program (NLD).--$20,980,000 is for
the NLD Domestic Preparedness Program authorized under the
National Defense Authorization Act, 1997, and previously funded
by the Department of Defense, to provide training and other
assistance to the 120 largest U.S. cities. On April 6, 2000,
the President proposed the transfer of responsibility for
completion of the NLD program to the Department of Justice. The
conference agreement provides the full amount necessary to
complete the NLD program, of which $8,100,000 is for training
and $6,880,000 is for exercises for the remainder of the 120
cities; $3,000,000 is for Improved Response Plans; and
$3,000,000 is for management and administrative costs
associated with this program. Within the amounts provided for
Domestic Preparedness Equipment grants, the Office of Justice
Programs may provide equipment to NLD cities if such equipment
is necessary to fulfill the requirements of the program. The
conference agreement includes a series of new programs to
address training and exercise requirements on a national basis,
and expects the Office of Justice Programs to provide any
future training and exercises assistance through these
programs. The Senate report language regarding administration
of this program is adopted by reference.
Training.--$45,500,000 is for training programs for State
and local first responders, to be distributed as follows:
$33,500,000 is for the National Domestic
Preparedness Consortium, of which $15,500,000 is for
the Center for Domestic Preparedness at Ft. McClellan,
Alabama, including $500,000 for management and
administration of the Center; $5,250,000 is for the
Texas Engineering Extension Service at Texas A&M; and
$12,750,000 is to be equally divided among the three
other Consortium members;
$8,000,000 is for additional training
programs to address emerging training needs not
provided for by the Consortium or elsewhere. In
distributing these funds, OJP is expected to consider
the needs of firefighters and emergency services
personnel, and State and local law enforcement;
$3,000,000 is for continuation of distance
learning training programs at the National Terrorism
Preparedness Institute at the Southeastern Public
Safety Institute to provide training through advanced
distributive learning technology and other mechanisms;
and
$1,000,000 is for continuation of the
State and Local Antiterrorism Training Program.
Exercises.--$7,000,000 is for exercise programs, of which
$4,000,000 is for grants to assist State and local
jurisdictions in planning and conducting exercises to enhance
their response capabilities, and $3,000,000 is for planning,
execution, and analysis of TOPOFF II. The direction included in
the Senate report regarding distribution of exercises grants in
accordance with approved State plans is adopted by reference.
Technical Assistance.--$2,000,000 is for technical
assistance to States and localities, as proposed in the Senate
report.
Counterterrorism Research and Development.--$36,100,000
is for counterterrorism research and development, of which
$18,000,000 is for the Dartmouth Institute for Security
Technology Studies (ISTS), $18,000,000 is for the Oklahoma City
National Memorial Institute for the Prevention of Terrorism
(MIPT), and $100,000 is for a pilot project to develop an RDT&E;
system similar to the Department of Defense System, as proposed
in the Senate report. Within the amount provided for MIPT, up
to $4,000,000 is to be used to support the development of
performance standards in a biological and chemical environment
for respirators and personal protective garments. The MIPT and
the ISTS are directed to work with the Technical Support
Working Group and the National Domestic Preparedness Office to
develop and implement a process whereby WMD equipment is
standardized.
The conference agreement includes language modified from
language included in the House bill and the Senate-reported
amendment providing funding for counterterrorism programs.
Management and Administration.--The conference agreement
includes $41,186,000 for Management and Administration, instead
of $39,456,000 as proposed by the House, and $40,125,000 as
proposed by the Senate. The conference agreement adopts the
House report language concerning the reorganization of the
Office of Justice Programs and the submission of a report on
the implementation of the reorganization by December 31, 2000.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $2,848,929,000 for
State and Local Law Enforcement Assistance, instead of
$2,823,950,000 as proposed in the House bill, and
$1,475,254,000 as proposed in the Senate-reported amendment.
The conference agreement provides for the following programs:
Local Law Enforcement Block Grant....................... $523,000,000
Boys and Girls Clubs................................ (60,000,000)
Law Enforcement Technology.......................... (20,000,000)
State Prison Grants..................................... 686,500,000
Cooperative Agreement Program....................... (35,000,000)
Indian Country Earmark.............................. (34,000,000)
Alien Incarceration................................. (165,000,000)
State Environmental Impact Statements............... (2,000,000)
State Criminal Alien Assistance Program................. 400,000,000
Indian Tribal Courts Program............................ 8,000,000
Byrne Discretionary Grants.............................. 69,050,000
Byrne Formula Grants.................................... 500,000,000
Drug Courts............................................. 50,000,000
Juvenile Crime Block Grant.............................. 250,000,000
Violence Against Women Act Programs..................... 288,679,000
State Prison Drug Treatment............................. 63,000,000
Indian Country Alcohol and Crime Prevention............. 5,000,000
Missing Alzheimer's Patient Program..................... 900,000
Law Enforcement Family Support Programs................. 1,500,000
Motor Vehicle Theft Prevention.......................... 1,300,000
Senior Citizens Against Marketing Scams................. 2,000,000
--------------------------------------------------------
____________________________________________________
Total........................................... 2,848,929,000
Local Law Enforcement Block Grant.--The conference
agreement includes $523,000,000 for the Local Law Enforcement
Block Grant program, as proposed in the House bill, instead of
$400,000,000, as proposed in the Senate-reported amendment, in
order to continue the commitment to provide local governments
with the resources and flexibility to address specific crime
problems in their communities with their own solutions. Within
the amount provided, the conference agreement includes language
providing $60,000,000 to the Boys and Girls Clubs of America.
In addition, the conference agreement extends the set-aside for
law enforcement technology, as proposed in both the House bill
and the Senate-reported amendment.
State Prison Grants.--The conference agreement includes
$686,500,000 for State Prison Grants as proposed in the House
bill, instead of $76,000,000 as proposed in the Senate-reported
amendment. Of the amount provided, $450,500,000 is available to
States to build and expand prisons, $165,000,000 is available
to States for the reimbursement of the costs of incarceration
of criminal aliens, $35,000,000 is available for the
Cooperative Agreement Program, $34,000,000 is available for
Indian tribes, and $2,000,000 is available for review of State
environmental impact statements to determine compliance with
Federal requirements and ensure that State projects are not
delayed.
State Criminal Alien Assistance Program.--The conference
agreement provides a total of $565,000,000 for the State
Criminal Alien Assistance Program for payment to the States for
the costs of incarceration of criminal aliens, instead of
$50,000,000, as proposed in the Senate-reported amendment and
$585,000,000 as proposed in the House bill. Of the total
amount, the conference agreement includes $400,000,000 under
this account for the State Criminal Alien Assistance Program
and $165,000,000 for this purpose under the State Prison Grants
program, as proposed by the House bill.
Indian Tribal Courts.--The conference agreement includes
$8,000,000, instead of $5,000,000 as proposed in the Senate-
reported amendment, and no funding in the House bill, to assist
tribal governments in the development, enhancement, and
continuing operation of tribal judicial systems by providing
resources for the necessary tools to sustain safer and more
peaceful communities.
Edward Byrne Grants to States.--The conference agreement
provides $569,050,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which $69,050,000
is discretionary grants and $500,000,000 is provided for
formula grants under this program.
Byrne Discretionary Grants.--The conference agreement
provides $69,050,000 for discretionary grants under the Edward
Byrne Memorial State and Local Assistance Program to be
administered by Bureau of Justice Assistance (BJA), instead of
$52,000,000 as proposed in the House bill and the Senate-
reported amendment. Within the amount provided for
discretionary grants, OJP is expected to review the following
proposals, provide grants if warranted, and report to the
Committees on Appropriations of the House and the Senate on its
intentions:
$2,000,000 for the Drug Abuse Resistance
Education (DARE AMERICA) program;
$1,600,000 for continued support for the
expansion of Search Group, Inc. and the national
Technical Assistance and Training Program to assist
States, such as West Virginia, to accelerate the
automation of fingerprint identification processes;
$4,400,000 for the National Crime
Prevention Council to continue and expand the National
Citizens Crime Prevention Campaign, McGruff;
$800,000 for the Haymarket Center;
$5,000,000 for Project HomeSafe for safety
packets which include a gun locking device and
information on how to handle and store guns safely as
described in the Senate report;
$150,000 for the Ottawa County, MI,
Sheriff's Department to support crime fighting
technologies;
$1,000,000 for the Tools for Tolerance
Program;
$500,000 for the Littleton Area Learning
Center;
$4,500,000 for the Executive Office of
U.S. Attorneys to support the National District
Attorneys Association's participation in legal
education training at the National Advocacy Center;
$2,000,000 for the Youth Safe Haven
program;
$1,900,000 for the Families and Schools
Together (FAST) program;
$1,500,000 for Project Return in New
Orleans, LA;
$2,000,000 for the Alaska Native Justice
Center;
$400,000 for the Ridge House in Reno, NV;
$3,000,000 for a grant to the National
Center for Justice and the Rule of Law at the
University of Mississippi School of Law to sponsor
research and produce judicial education seminars and
training for judges, court personnel, prosecutors,
police agencies, and attorneys;
$350,000 for a grant to Turtle Mountain
Community College's Department of Justice for ``Project
Peacemaker'';
$300,000 for the Chattanooga Endeavors
program;
$750,000 for a grant to the University of
Kentucky College of Law for teleconferencing equipment
for prosecutor training;
$1,000,000 for the Fels Center at the
University of Pennsylvania for a demonstration
fellowship project;
$1,400,000 for rural alcohol interdiction,
investigations, and prosecutions in the State of
Alaska;
$150,000 for the MUSC Innovative
Alternatives for Women program;
$750,000 for the Nevada National Judicial
College;
$3,000,000 for a grant for the National
Fatherhood Initiative;
$190,000 to the Hampshire County, MA,
TRIAD project;
$450,000 for the Gospel Rescue Mission;
$2,250,000 the Washington Metropolitan
Area Drug Enforcement Task Force and for expansion of
the regional gang tracking system;
$2,000,000 for the Rural Crime Prevention
and Prosecution program;
$1,000,000 for the Night Light program in
San Bernardino, CA to assign probation officers to
patrol with law enforcement during peak crime hours;
$800,000 for the Illegal Firearms
Reduction Program in Illinois;
$850,000 for the DuPage County Children's
Sexual Abuse Center;
$1,000,000 for Operation NITRO (Narcotics
Interdiction To Reduce Open-Air Drug Markets) in
Newark, NJ;
$1,800,000 for the Center for Rural Law
Enforcement Technology and Training;
$2,505,000 for Kentucky Child Advocacy
Centers;
$1,000,000 for a community court pilot
project in Los Angeles, CA;
$1,000,000 for a Neighborhood Policing
Initiative for the Homeless in Clearwater, FL;
$1,000,000 for the National Children's
Advocacy Center in Huntsville, Alabama for a Child
Abuse Investigation and Prosecution Enhancement
Initiative;
$1,100,000 for the National Training and
Information Center;
$1,000,000 for the Doe Fund's Ready,
Willing and Able program;
$30,000 for the Crimestoppers program in
Lexington, KY, to expand its efforts to involve
citizens in crime prevention;
$1,000,000 for the Ben Clark Public Safety
Training program for law enforcement officers;
$3,000,000 for the Regional Mobile Gang
Task Force Enforcement Team in Orange County, CA;
$500,000 for the Local Initiative Support
Corporation;
$300,000 for the National Association of
Town Watch's National Night Out crime prevention
program;
$2,000,000 for a Spokane County crime task
force for costs associated with State and local
investigations;
$750,000 for Operation Child Haven;
$150,000 for the Samantha Reid Foundation;
$500,000 for the Sunflower House in
Shawnee, KS; and
$400,000 for the Domestic Violence
Services for Women in Substance Abuse Treatment and
Substance Abuse Treatment for Women in Domestic
Violence Shelters project at the University of Northern
Iowa.
The conference agreement adopts the Senate report
language supporting the national motor vehicle title
information system. Within available resources for Byrne
discretionary grants, OJP is urged to review proposals, and
provide grants if warranted, to the Alaska Federation of
Natives and the Alaska court system for an alcohol law
offenders program using Naltrexone and other drug therapies.
Byrne Formula Grants.--The conference agreement provides
$500,000,000 for the Byrne Formula Grant program as proposed in
the House bill, instead of $400,000,000 as proposed in the
Senate-reported amendment.
Drug Courts.--The conference agreement includes
$50,000,000 for drug courts, instead of $40,000,000 as proposed
in the Senate-reported amendment and the House bill. Localities
may also obtain funding for drug courts under the Local Law
Enforcement Block Grant program and the Juvenile Accountability
Incentive Block Grant program.
The conference agreement recognizes that there are
currently over 480 drug courts in the United States. These drug
courts play an important role in controlling the behavior and
drug addiction of drug-using offenders across the Nation. Among
these courts, there are only three comprehensive drug court
systems in the country, one of which is in Denver, Colorado.
Denver's adult drug court was established in 1994 and recently
a juvenile drug court was established. The conference agreement
recognizes the Denver concept has demonstrated its efficacy
and, with sufficient resources, could serve as a model for
other drug courts.
Juvenile Accountability Incentive Block Grant.--The
conference agreement provides $250,000,000 for the Juvenile
Accountability Incentive Block Grant program to address the
problem of juvenile crime as proposed in the House bill instead
of $100,000,000 as proposed in the Senate-reported amendment.
Violence Against Women Act Grants.--The conference
agreement includes $288,679,000 for grants to support the
Violence Against Women Act, instead of $283,750,000 as proposed
in the House bill, and $284,854,000 as proposed in the Senate-
reported amendment. The conference agreement provides funding
under this account as follows:
General Grants.......................................... $210,179,000
Civil Legal Assistance.............................. (31,625,000)
National Institute of Justice....................... (5,200,000)
OJJDP-Safe Start Program............................ (10,000,000)
Violence on College Campuses........................ (11,000,000)
Victims of Child Abuse Programs:
Court-Appointed Special Advocates................... 11,500,000
Training for Judicial Personnel..................... 2,000,000
Grants for Televised Testimony...................... 1,000,000
Grants to Encourage Arrest Policies..................... 34,000,000
Rural Domestic Violence................................. 25,000,000
Training Programs....................................... 5,000,000
--------------------------------------------------------
____________________________________________________
Total........................................... 288,679,000
State Prison Drug Treatment.--The conference agreement
includes $63,000,000 for substance abuse treatment programs
within State and local correctional facilities, as proposed in
the House bill and the Senate-reported amendment. The
conference agreement prohibits funding in this program from
being used for aftercare programs.
Indian Country Alcohol and Crime Prevention.--The
conference agreement includes $5,000,000 for demonstration
grants on alcohol abuse and crime in Indian country. No funding
was proposed for this program in either the House bill or the
Senate-reported amendment. These funds are only available for
law enforcement activities.
Safe Return Program.--The conference agreement includes
$900,000 as proposed in both the House bill and the Senate-
reported amendment.
Law Enforcement Family Support.--The conference agreement
includes $1,500,000 for law enforcement family support
programs, as proposed in both the Senate-reported amendment and
the House bill.
Senior Citizens Against Marketing Scams.--The conference
agreement includes $2,000,000 for programs to assist law
enforcement in preventing and stopping marketing scams against
senior citizens, as proposed by both the House bill and the
Senate-reported amendment. The conference agreement adopts by
reference the Senate report language on the National Advocacy
Center and coordinating with the Federal Trade Commission.
Motor Vehicle Theft Prevention.--The conference agreement
includes $1,300,000 for grants to combat motor vehicle theft as
proposed in the House bill.
The conference agreement adopts the House report language
by reference concerning false residential and commercial
alarms. The conference agreement also includes language
proposed in the House bill providing for Guam to be considered
a State under the Local Law Enforcement Block Grant program and
the Juvenile Accountability Incentive Block Grant program.
WEED AND SEED PROGRAM
The conference agreement includes a direct appropriation
of $34,000,000 for the Weed and Seed program, instead of
$33,500,000 proposed by the House bill and $40,000,000 as
proposed by the Senate-reported amendment. The conference
agreement includes the expectation that an additional
$6,500,000 will be made available from the Assets Forfeiture
Super Surplus Fund.
Community Oriented Policing Services
The conference agreement includes $1,032,325,000 for the
Community Oriented Policing Services (COPS) program, instead of
$812,025,000 in the Senate-reported amendment and $595,000,000
in the House bill. This conference agreement assumes that
$5,000,000 will be available to the program in unobligated
balances, providing for a total program level of
$1,037,325,000.
Police Hiring Initiatives.--The conference agreement
includes $470,000,000 for police hiring initiatives. Of this
amount $180,000,000 is provided specifically for school
resource officers and $35,000,000 is provided specifically for
hiring police officers for Indian Country, with an additional
$5,000,000 from unobligated
carryover balances from fiscal year 2000 for Indian Country
grants. Since fiscal year 1998, the COPS program has recovered
over $100,000,000 per year in prior year funds. The conference
agreement includes a provision requiring the COPS program
office to submit a reprogramming request to the Committees on
Appropriations before spending any funds made available through
prior year deobligations, with an exception for program
management and administration funding.
Safe Schools Initiative (SSI).--To address the issue of
violence in our schools, the conference agreement includes
$227,500,000 for the Safe Schools Initiative (SSI), including
funds for technology development, prevention, community
planning and school safety officers. Within this total,
$180,000,000 is from the COPS hiring program to provide school
resource officers who will work in partnership with schools and
other community-based entities to develop programs to improve
the safety of elementary and secondary school children and
educators in and around schools; $15,000,000 is from the
Juvenile Justice At-Risk Children's Program and $15,000,000 is
from the COPS program ($30,000,000 total) for programs aimed at
preventing violence in schools through partnerships with
schools and community-based organizations; and $17,500,000 is
provided from the Crime Identification Technology Program to
NIJ to develop technologies to improve school safety.
Indian Country.--The conference agreement includes a
total of $40,000,000 to improve law enforcement capabilities on
Indian lands, both for hiring uniformed officers and for the
purchase of equipment and training for new and existing
officers, as proposed by the Senate. Of the $40,000,000 for
this program, $35,000,000 is from direct appropriations and
$5,000,000 is from unobligated balances.
Management and Administration.--The conference agreement
includes language that provides that not to exceed $31,825,000
shall be expended for management and administration of the
program.
Non-Hiring Initiatives.--The COPS program reached its
original goal of funding 100,000 officers in May of 1999.
Accordingly, the conference agreement funds initiatives to
ensure there is adequate infrastructure for the new police
officers, similar to the focus that has been provided Federal
law enforcement. This will enable police officers to work more
efficiently, equipped with the protection, tools, and
technology they need; to address crime in and around schools;
to provide law enforcement technology for local law
enforcement; to combat the emergence of methamphetamine in new
areas and police ``hot spots'' of drug market activity; and to
make more bullet proof vests available for local law
enforcement officers and correctional officers. In addition,
the conference agreement provides funding for Community and Gun
Violence Prosecutors, law enforcement costs associated with
Offender Reentry programs and Police Integrity training. The
conference agreement includes funding for the following non-
hiring grant programs:
1. COPS Technology Program.--The conference agreement
includes $140,000,000 to be used for continued development of
technologies and automated systems to assist State and local
law enforcement agencies in investigating, responding to and
preventing crime. In particular, it supports the sharing of
criminal information and intelligence between State and local
law enforcement to address multi-jurisdictional crimes.
Within the amounts made available under this program, the
conference agreement includes the expectation that the COPS
office will award grants for the following technology
proposals:
$3,000,000 for a grant for the Law Enforcement On-
Line Program (LEO). The conference agreement directs
the Department of Justice to submit a report to the
Committees on Appropriations by February 1, 2001, on
the future of the LEO system. The report shall present
the Department's vision for LEO, interoperability of
LEO with other FBI and Departmental systems, and the
relationship of LEO to the Global Justice Information
Network. The report should also include funding
requirements and a project time line for achieving the
Department's vision and address whether management of
LEO should remain with the FBI, or be transferred to
JMD;
$500,000 for a grant to Delaware County, IN, for
mobile data terminals for law enforcement vehicles;
$250,000 for a grant to Clackamas County, OR, for
police communications equipment;
$1,000,000 for a grant to Jackson, MS, for law
enforcement technologies and equipment;
$5,000,000 for a grant to the National Center for
Missing and Exploited Children to continue the program
created in fiscal year 2000 that provides targeted
technology to police departments for the specific
purpose of child victimization prevention and response.
The technology available to help law enforcement find
missing children is not at the level it needs to be.
Most police departments across the United States do not
have personal computers, modems, and scanners. The
departments that do rarely have them in areas focusing
on crimes against children;
Up to $3,000,000 for the acquisition or lease and
installation of dashboard mounted cameras for State and
local law enforcement on patrol. One camera may be used
in each vehicle which is used primarily for patrols.
These cameras are only to be used by State and local
law enforcement on patrol;
$800,000 for a grant to the National Center for
Victims of Crime--INFOLINK;
$3,000,000 for a grant to allow the Utah Olympic
Public Safety Command to implement the public safety
master plan for the 2002 Winter Olympic Games;
$300,000 for a grant to the Kansas City Community
Security Initiative to continue developing community
policing models in Kansas City neighborhoods;
$150,000 for a grant to establish a Computer Crime
Unit within the Montana Board of Crime Control;
$1,500,000 for a grant to the New Hampshire
Department of Safety to support Operation
Streetsweeper;
$400,000 for a grant to the Western Missouri Public
Safety Training Institute for classroom and training
equipment to facilitate the training of public safety
officers;
$3,500,000 for a grant to continue the Consolidated
Advanced Technologies for Law Enforcement Program at
the University of New Hampshire and the New Hampshire
Department of Safety, in cooperation with the National
Resource Center and the National Institute of Justice;
$400,000 for a grant to Mountain Village, CO, for
public safety information management systems related to
law enforcement;
$500,000 for a grant to Washington State for an
electronic jail booking and reporting system;
$850,000 for a grant to the South Carolina Law
Enforcement Division for a high technology crime
investigative unit;
$500,000 for a grant to the National Center for
Rural Law Enforcement in Little Rock, AR, to continue
providing management education, research, forensics,
computer, and technical assistance and training to
rural law enforcement agencies, tribal police, and
railroad police throughout the Nation;
$130,000 for a grant to Jackson County, MS, for
public safety and automated system technologies related
to law enforcement;
$750,000 for grants to the Bennington, Brattleboro,
Newport, Montpelier, and Winooski, VT, for police
technology systems and equipment;
$900,000 for a grant to Billings, MT, for patrol
car mobile data terminals;
$100,000 for a grant to the Inglewood, CA, police
department for technology systems;
$600,000 for a grant for telecommunications
upgrades in rural areas of Montana to improve law
enforcement response times;
$750,000 for a grant to the Macon, GA, Police
Department for technology equipment and software;
$700,000 for a grant for a voice trunking system to
assist law enforcement in eastern North Carolina;
$1,000,000 for a grant to the North Star Borough
for centralized and computer aided dispatch equipment
and a study of needs;
$60,000 for a grant to Monroe County, MI, for a
data transmission mechanism for squad cars;
$600,000 for a grant to the State Police of
Virginia for computers and related equipment;
$5,000,000 for a grant for the Utah Communications
Agency Network (UCAN) for enhancements and upgrades of
security and communications infrastructure to assist
with the law enforcement needs arising from the 2002
Winter Olympics;
$250,000 for a grant to Lane County, OR, for an
area information records system;
$550,000 for a grant to the Clearwater Economic
Development Association to provide funding to sheriffs'
offices in Clearwater, Idaho, Lemhi, Lewis and Nez
Perce counties, ID, to buy radio communications
equipment;
$200,000 for a grant to the Pawtucket, RI, Police
Department for patrol car mobile data terminals;
$150,000 for a grant to Bolivar County, MS, for
public safety equipment and automated system
technologies to improve county law enforcement;
$500,000 for a grant to the Maine State Police to
upgrade their police radio system;
$350,000 for a grant to Huntingdon County, PA, for
rural law enforcement technology needs;
$2,200,000 for a grant to the Alaska Department of
Public Safety for technology, policing, and enforcement
initiatives;
$2,500,000 for a grant to the Virginia Department
of State Police for law enforcement technologies;
$200,000 for a grant to the Easley, SC, Police
Department for policing equipment upgrades and computer
enhancements;
$110,000 for a grant to the Scotts Bluff County,
NE, consolidated communications center to improve law
enforcement response times;
$250,000 for a grant to the Vermont State Police
for computer and radio system upgrades and integration;
$3,000,000 for a grant for the Southeastern Law
Enforcement Technology Center's Coastal Plain Police
Communications initiative for regional law enforcement
communications equipment;
$1,300,000 for a grant to the Alaska Department of
Public Safety for the law enforcement photo network to
provide statewide access to the Alaska booking, driver,
and ID photographic information throughout the State;
$100,000 for a grant to the Lawrence, MA, Police
Department for a police identification management
system;
$300,000 for a grant to Grand Rapids, MI, for
computer equipment for police officer vehicles;
$3,000,000 for a grant to the Milwaukee, WI, police
department for communications infrastructure equipment;
$500,000 for a grant to Nye County, NV, for
computer upgrades and other technologies;
$750,000 for a grant to the Vermont Department of
Public Safety for mobile communications technology
upgrades for law enforcement;
$1,650,000 for a grant to the South Carolina Law
Enforcement Division for emergency response technology
equipment, including datamasters;
$100,000 for a grant to Deschutes County, OR, for
mobile data and radio communications upgrades;
$750,000 for a grant to the City of Paducah and
McCracken County, KY, for a Public Safety Mobile Data
System to assist law enforcement;
$400,000 for a grant to the Arkansas Crime
Information Center to address software and hardware
requirements;
$500,000 for a grant to the City of Seattle and
King County, WA, for technology upgrades and to assist
with inter-jurisdictional investigations;
$1,800,000 for a grant to the State of Alaska for
the training of Village Public Safety Officers and the
purchase of emergency response equipment;
$500,000 for a grant to Madison, WI, for
communications upgrades needed to address police radio
transmitting capacity and inter-agency communications;
$150,000 for a grant to the Yellowstone County, MT,
Sheriff's office for training technologies upgrades;
$1,500,000 for a grant to Baltimore, MD, for police
training programs and equipment;
$2,000,000 for a grant to Clark County, NV, to
upgrade mobile and in-vehicle computers;
$1,400,000 for a grant to the Virginia State
Police's Bureau of Criminal Intelligence Division for
technical equipment;
$500,000 for a grant to the Johnson County, KS,
Sheriff's Department for a countywide public safety
radio network;
$400,000 for a grant to the Montgomery, AL, Police
Department for an integrated communications system;
$150,000 for a grant to the Bozeman, MT, police
department for high risk activity training equipment;
$100,000 for a grant to St. Clair County, MI, to
assist with law enforcement data needs;
$600,000 for a grant to the Alabama Department of
Public Safety for technology and automated systems to
assist law enforcement;
$3,000,000 for a grant for the continuation of the
Southwest Border States Anti-Drug Information System,
which will provide for the purchase and deployment of
the technology network between all State and local law
enforcement agencies in the four Southwest Border
States;
$200,000 for a grant to Hall County, NE, for mobile
data computers for law enforcement;
$100,000 for a grant to Burrillville, RI, for a
communications system to assist law enforcement;
$200,000 for a grant to Irvington, NJ, for police
technology needs;
$3,000,000 for a grant for videoteleconferencing
equipment necessary to assist State and local law
enforcement in contacting the Immigration and
Naturalization Service to allow them to confirm the
identification and status of illegal and criminal
aliens in their custody;
$2,000,000 for a grant to Ventura County, CA, for
an integrated justice information system;
$3,000,000 for a grant for the Southwest Alabama
Justice Integration Project;
$5,000,000 for a grant for the Ohio WEBCHECK
system;
$1,750,000 for a grant to the Missouri State
Highway Patrol for an integration technology program;
$1,750,000 for a grant to the California Highway
Patrol for a communications system;
$3,000,000 for a grant for SmartCOP in Alabama;
$3,000,000 for a grant for Project Hoosier SAFE-T;
$2,920,000 for a grant for the Access to Court
Electronic Data for Criminal Justice Agencies project;
$600,000 for a grant to modernize and update law
enforcement technologies and equipment in East Baton
Rouge Parish, Livingston Parish and Ascension Parish,
LA;
$1,000,000 for a grant to the Riverside, CA, police
department for mobile data terminals;
$1,000,000 for a grant to Orange County, CA, for a
seamless, integrated communications technology system;
$260,000 for a grant to Shively, KY, for police
department communications improvements;
$1,500,000 for a grant for the Citrus Heights, CA,
police force for computer networking and radios;
$250,000 for a grant for the Suffolk County, NY,
Police Department Technology Crimes Initiative;
$750,000 for a grant for Riviera Beach, FL, for a
police mobile radio system;
$750,000 for a grant for Clearwater, FL, for laptop
computers and printers for police vehicles and network
operations;
$750,000 for a grant for the cities of Arcadia, and
Sierra Madre, CA, to improve crime technology and
communications between the cities;
$600,000 for a grant for a computer-aided dispatch
and records management system for the Bells Garden, CA,
police department;
$3,000,000 for a grant for the Chattanooga, TN,
Police Department to improve information sharing;
$3,000,000 for a grant for the purchase and
installation of mobile data computers for the
Huntsville, AL, police department;
$83,000 for a grant for the Long County, GA, police
department for a communications system;
$3,500,000 for a grant for Pinellas County, FL, law
enforcement agencies to demonstrate with the Florida
Department of Motor Vehicles how facial recognition
technology may be used by police;
$1,300,000 for a grant for vehicle-mounted cameras
and equipment for the Jefferson County, KY, police
department;
$3,000,000 for a grant for the Lexington, KY,
police department for communications equipment to
improve officer safety and effectiveness;
$350,000 for a grant for the Daviess County, KY,
sheriff's department for a wireless mobile information
system;
$250,000 for a grant for the City of Falls Church,
VA, police department for a computer-aided dispatch and
records management system;
$3,000,000 for a grant for Yuma, AZ, for
telecommunications and technology infrastructure for
law enforcement officers;
$152,000 for a grant for Mexico Beach, FL, to
upgrade its dispatch communications service;
$1,500,000 for a grant for an integrated public
safety records management and document imaging system
for the Wichita Police Department (KS);
$500,000 for a grant for the East Valley Regional
Community Analysis Center for a data warehousing
project;
$7,500,000 for a grant for a regional law
enforcement technology program in Kentucky;
$1,235,000 for a grant for the Virgin Islands for
technology equipment and upgrades;
$1,500,000 for a grant for a justice tracking
information system (JUSTIS) for San Francisco, CA;
$230,000 for a grant for Glendale, CA, for police
training equipment and technologies;
$1,190,000 for a grant for Pasadena, CA, for a
computerized geographic information system;
$152,000 for a grant for the New Jersey State
Police's High-tech Crime Unit for technology equipment;
$50,000 for a grant for the Tuckahoe, NY, police
department for technology upgrades;
$1,000,000 for a grant for the Greater Atlanta Data
Center;
$300,000 for a grant for the Berkshire County
Regional Strategic Response Team in Pittsfield, MA;
$500,000 for a grant for mobile data terminals for
Louisville, KY, to improve information retrieval on-
scene and greatly reduce time used to complete
paperwork off-scene;
$750,000 for a grant for the Louisiana State Police
for communications and computer system upgrades for the
Public Safety Emergency Services Training Center;
$50,000 for a grant for the Bound Brook, NJ, police
department for law enforcement technologies;
$500,000 for a grant for the Tampa, FL, police
department for in-vehicle video cameras;
$750,000 for a grant for the North Carolina State
Highway Patrol for mobile data terminals;
$1,000,000 for the Center for Criminal Justice
Technology;
$500,000 for a grant for the San Joaquin County,
CA, sheriff's office for technology enhancements; and
$1,000,000 for a grant for Minnesota for a radio
system to improve law enforcement communications in
rural Minnesota.
2. COPS Methamphetamine/Drug ``Hot Spots'' Program.--The
conference Agreement provides $48,500,000 for State and local
law enforcement programs to combat methamphetamine production,
distribution, and use, and to reimburse the Drug Enforcement
Administration for assistance to State and local law
enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs. The monies may
also be used for policing initiatives in ``hot spots'' of drug
market activity. The House bill proposed $45,675,000 and the
Senate-reported amendment proposed $41,700,000 for this
purpose.
Within the amount provided, the conference agreement
includes $20,000,000 to be reimbursed to the Drug Enforcement
Administration as described above. The conference agreement
expects the COPS office to award grants for the following
programs:
$2,000,000 to the Washington State Methamphetamine
Initiative for a comprehensive program to address
methamphetamine enforcement, treatment, and cleanup
efforts;
$2,500,000 to the Midwest (Missouri)
Methamphetamine Initiative to train and provide related
equipment to State and local law enforcement officers
on the proper recognition, collection, removal, and
destruction of methamphetamine;
$2,000,000 to the Kansas Bureau of Investigation to
combat methamphetamine and to train officers in those
types of investigations;
$750,000 to the Indiana State Police for a
methamphetamine program to address training, equipment,
and removal requirements;
$250,000 to the State Police of Virginia for an
intensified methamphetamine enforcement program;
$800,000 to Southern Utah law enforcement agencies
to be used to purchase remote methamphetamine detection
laboratories to identify infrastructure decay caused by
the disposal of hazardous and toxic chemicals;
$1,000,000 for the Mississippi Bureau of Narcotics
to combat methamphetamine and to train officers on the
proper recognition, collection, removal, and
destruction of methamphetamine;
$600,000 for the South Dakota Division of Alcohol
and Drug Abuse to expand its Community Mobilization
Project to include a methamphetamine prevention
project;
$500,000 to the State of Illinois to combat
methamphetamine and to train officers in those type of
investigations;
$800,000 to the State of Idaho to train State and
local law enforcement officers in the proper
recognition, collection, removal, and destruction of
methamphetamine;
$1,000,000 for the Iowa Methamphetamine Clandestine
Lab Task Force;
$1,500,000 for the Arkansas Methamphetamine Law
Enforcement Initiative, of which, $150,000 is for the
Arkansas State Crime Lab to hire three additional
chemists and $1,350,000 is for the Arkansas State
Police for training, enforcement, and cleanup efforts;
$350,000 to the Nebraska Clan Lab Team for the
Nebraska Methamphetamine Fighting Initiative;
$1,000,000 for the Western Wisconsin
Methamphetamine Law Enforcement Initiative;
$1,000,000 for personnel, equipment, and training
for Arizona law enforcement to combat methamphetamine;
$250,000 for the Nye County, NV, Methamphetamine
Initiative;
$750,000 to the Alabama Department of Public Safety
to combat methamphetamine production and distribution;
$250,000 for the Hawaii Department of Public
Safety, Narcotics Enforcement Division to address
methamphetamine diversion, production, distribution,
and enforcement efforts;
$400,000 for the Vermont State Multi-Jurisdictional
Drug Task Force;
$2,200,000 for the Tri-State Methamphetamine
Training Program (IA/SD/NE) to train officers from
rural areas on methamphetamine interdiction, covert
operations, intelligence gathering, locating
clandestine laboratories, case development, and
prosecution;
$1,000,000 to form a Western Kentucky
Methamphetamine training program and provide equipment
and personnel;
$1,000,000 for the Eastern Appalachian Taskforce on
Methamphetamine Eradication in Tennessee, including
$100,000 to establish videoconferencing with the
Hamilton County District Attorney's Office;
$250,000 for the Polk County, FL, sheriff's office
to support additional law enforcement officers,
intelligence gathering and forensic capabilities,
training and community outreach programs for an
expanded methamphetamine program;
$750,000 for Central Kentucky to assist local
police and sheriffs' departments with costs associated
with combating the production and distribution of
methamphetamine;
$1,500,000 for the Oklahoma State Bureau of
Investigation for costs associated with combating the
production and distribution of methamphetamine; and
$300,000 for the Ascension Parish, LA, sheriff's
office to support officer training and outreach
programs.
The conference agreement expects the COPS office to
review requests from the California Bureau of Narcotics
Enforcement's Methamphetamine Strategy and Merced County, CA,
and provide grants, if warranted.
3. COPS Safe Schools Initiative (SSI)/School Prevention
Initiatives.--The conference agreement includes $15,000,000 to
provide resources for programs aimed at preventing violence in
public schools, and to support the assignment of officers to
work in collaboration with schools and community-based
organizations to address crime and disorder problems, gangs,
and drug activities, as proposed in the House bill and the
Senate-reported amendment. Within the overall amounts
recommended for this program, the conference agreement includes
the expectation that the COPS office will examine each of the
following proposals, provide grants if warranted, and submit a
report to the Committees on its intentions for each proposal:
$3,000,000 for training by the National Center for
Missing and Exploited Children for law enforcement
officers selected to be part of the Safe Schools
Initiative;
$541,000 for the Milwaukee schools' Summer Stars
program;
$250,000 for the Sioux Falls, SD, school district
to expand an alternative educational support program
for at-risk youth;
$250,000 for the Safe Schools program at the
University of Montana;
$500,000 for the School Security and Technology
Center in New Mexico;
$375,000 for the Kenosha County, WI, Sheriff's
Department to address school resource officer needs;
$350,000 for Berkeley, CA, for an intercom and
surveillance safety system;
$250,000 for the King County, WA, school resource
officer program;
$750,000 to the University of Louisville Center for
the Study and Prevention of Violence in Urban Schools;
$350,000 for Bennington, VT, for a teen delinquency
prevention project;
$1,500,000 for the Youth Advocacy Program;
$350,000 for the Alaska Community in Schools
Mentoring program;
$750,000 for Compton, CA, for the Youth Center and
After School Initiative;
$2,000,000 for the National Center for Rural Law
Enforcement for the school violence research center;
$375,000 for the Waukesha, WI, Police Department to
address school resource officer requirements;
$150,000 for the Nevada Foundation for Youth
Development;
$495,000 for the Home Run Program;
$500,000 for the Safer School Initiative in
Maricopa County, AZ;
$1,300,000 to setup the Aggressors, Victims and
Bystanders Demonstration Project for Palm Beach County,
FL, middle schools;
$120,000 for the Copiague School District School
Safety Program; and
$80,000 for the Lindenhurst School Violence
Program.
4. COPS Bullet-Proof Vests Initiative.--The conference
agreement includes $25,500,000 to provide State and local law
enforcement officers with bullet-proof vests. The House bill
provided $25,000,000 for this program and the Senate-reported
amendment provided $26,000,000.
5. Police Corps.--The conference agreement includes
$29,500,000 for the Police Corps as proposed in the Senate-
reported amendment instead of $15,000,000 as proposed in the
House bill.
6. Crime Identification Technology Act Program [CITA].--
As included in both the House bill and the Senate-reported
amendment, the conference agreement provides $130,000,000 for
the CITA program, to be used and distributed pursuant to the
Crime Identification Technology Act of 1998, Public Law 105-
251. Under that Act, eligible uses of the funds are (1)
upgrading criminal history and criminal justice record systems;
(2) improvement of criminal justice identification, including
fingerprint-based systems; (3) promoting compatibility and
integration of national, State, and local systems for criminal
justice purposes, firearms eligibility determinations,
identification of sexual offenders, identification of domestic
violence offenders, and background checks for other authorized
purposes; (4) capture of information for statistical and
research purposes; (5) developing multi-jurisdictional, multi-
agency communications systems; and (6) improvement of
capabilities in forensic sciences, including DNA.
Jennifer's Law (P.L. 106-177) authorizes funds for States
to apply for competitive grants to cover the costs associated
with entering complete files on unidentified victims into the
FBI's National Crime Information Center (NCIC). This law
provides incentives for States to report to the NCIC
information on unidentified, deceased persons and will give law
enforcement officials the opportunity to identify missing
children who are reported as ``unidentified''. The conference
agreement notes that funding provided under CITA is authorized
to fund these costs and encourages States to use CITA funds for
this purpose.
Within the amounts provided, the Office of Justice
Programs is directed to provide grants to the following:
$500,000 for Hamilton County, OH, for a juvenile
case management system and integrated automated
fingerprint information system;
$150,000 for Kalamazoo County, MI, to integrate its
criminal justice system data on-line;
$100,000 for Ogden, UT, for public safety and
automated system technologies;
$2,500,000 for the Missouri State Court
Administrator for the Juvenile Justice Information
System to enhance communication and collaboration
between juvenile courts, law enforcement, schools, and
other agencies;
$1,250,000 for the Alaska Department of Public
Safety for an information network;
$150,000 for Logan County, OH, to support a
regional planning criminal information infrastructure
system;
$4,000,000 for the State Police of NH, for a VHF
trunked digital radio system;
$4,700,000 for the State of Minnesota for a
criminal justice integrated information system, of
which $700,000 shall be allocated to Hennepin County;
$2,000,000 to automate the criminal records
management system in San Diego, CA;
$1,500,000 to upgrade the Indianapolis Automated
Fingerprint Identification System; and
$1,500,000 for an information technology project in
Wayne County, MI, to improve communications and
information sharing between local, State and Federal
law enforcement.
Safe Schools Technology.--Within the amounts available
for crime identification technology, the conference agreement
includes $17,500,000 for Safe Schools technology to continue
funding NIJ's development of new, more effective safety
technologies such as less obtrusive weapons detection and
surveillance equipment and information systems that provide
communities quick access to information they need to identify
potentially violent youth. The conference agreement adopts by
reference the Senate report language regarding a competitive
grant to a university based technology center.
Upgrade Criminal History Records (Brady Act).--Within the
amounts available for crime identification technology, the
conference agreement provides $35,000,000 for States to upgrade
criminal history records so that these records can interface
with other databases holding information on other categories of
individuals who are prohibited from purchasing firearms under
Federal or State statute. Additionally, the national sexual
offender registry (NSOR) component of the Criminal History
Records Upgrade Program has two principal objectives. The
registry assists States in developing complete and accurate in-
State registries. It will also assist States in sharing their
registry information with the FBI system which identifies those
offenders for whom special law enforcement interest has been
noted.
DNA Backlog Grants/Crime Laboratory Improvement Program
(CLIP).--Within the amounts available for crime identification
technology, the conference agreement includes $30,000,000 for
grants to reduce DNA backlogs and for the Crime Laboratory
Improvement Program (CLIP). The CLIP/DNA Program supports State
and local government crime laboratories to develop or improve
the capability to analyze DNA in a forensic laboratory, as well
as other general forensic science capabilities. Within the
amounts provided under CITA, it is expected that the Office of
Justice Programs will provide grants to the following programs:
$400,000 to the Southeast Missouri Crime Laboratory; $450,000
to the Rhode Island State Crime Laboratory; $650,000 to the
Georgia State Crime Laboratory; $950,000 to the Iowa Forensic
Science Improvement Initiative; $2,500,000 to the South
Carolina Law Enforcement Division's forensic laboratory;
$2,000,000 to the Marshall University Forensic Science program;
$4,000,000 to the West Virginia University Forensic
Identification Program; $500,000 to the Vermont Forensic
Laboratory; $2,500,000 to the National Center for Forensic
Science at the University of Central Florida; $500,000 to the
National Academy for Forensic Computing and Investigation in
Charlotte, NC; $500,000 to Ohio forensic science laboratory
improvements; $150,000 to the Kansas Bureau of Investigations
for a new latent fingerprint examination instrument; $650,000
to the Bellevue, WA, Police Department's Forensic Services
Unit; $700,000 to the Arizona Department of Public Safety
Southern Regional Crime Laboratory for forensic equipment; and
$2,600,000 to the National Forensic Science Technology Center.
The conference agreement encourages the CLIP/DNA program
to support within existing funds the Mississippi Crime Lab in
improving its capacity to analyze and process forensic, DNA and
toxicology evidence and in upgrading its technology.
The conference agreement adopts the Senate report
language directing OJP to conduct a study of the funding
requirements for the operation of forensic science laboratories
given the caseload growth and backlog.
7. Community Prosecutors.--The conference agreement
includes $100,000,000 for the Community Prosecutors program.
The House bill and the Senate-reported amendment did not
include funding for this program. Of the funds provided,
$25,000,000 is for continuation of the current community
prosecutors program and $75,000,000 is for community
prosecutors in high gun violence areas. The $75,000,000 is to
be used exclusively for community prosecutors to prosecute
cases involving violent crimes committed with guns, and
violations of gun statutes in cases involving drug trafficking
and gang-related crime in high gun violence areas. The
Department of Justice is directed to submit a report to the
Committees on Appropriations by December 15, 2000, outlining
how the $75,000,000 for community prosecutors in high gun
violence areas will be spent. The report shall include but not
be limited to the following information: (1) a definition of a
high gun violence area; (2) the amount of funding per
prosecutor that will be provided; and (3) an explanation of how
local communities will be able to continue to employ the
prosecutors that are hired after the grant has expired.
8. Offender Reentry.--In recognition of the public safety
issues generated by the increasing number of offenders who have
served their sentences and are returning from jails and prisons
to our communities, the conference agreement includes
$30,000,000 for the law enforcement costs related to
establishing offender reentry programs. The House bill did not
include funding for this program and the Senate-reported
amendment included $7,000,000 for this program within State
Prison Grants.
Offender reentry programs establish partnerships among
institutional corrections, community corrections, social
services programs, community policing and community leaders to
prepare for more successful returns of inmates to their home
neighborhoods. The $30,000,000 provided is intended to fund law
enforcement participation and coordination of offender reentry
programs. These funds are not provided to teach job training
skills or provide alcohol or drug abuse treatment. The
Department of Justice is directed to submit an implementation
plan to the Committees on Appropriations by December 15, 2000,
outlining how the funds will be spent. The report shall include
the following: (1) a description of the law enforcement costs
that will be funded; (2) an explanation of how the non-law
enforcement costs such as job training, education, and drug
treatment will be funded; (3) an explanation of how this
program is being coordinated with the Departments of Labor and
Health and Human Services; and (4) an explanation of how local
communities will be able to fund the operational costs of this
program after their grants expire.
9. Police Integrity Program.--The conference agreement
provides $17,000,000 for police integrity training to provide
training and technical assistance grants to develop and
implement new policing methods and strategies. Neither the
House bill nor the Senate-reported amendment included funding
for this initiative.
JUVENILE JUSTICE PROGRAMS
The conference agreement includes $298,597,000 for
Juvenile Justice programs, instead of $287,097,000 as proposed
in the House bill and $279,697,000 as proposed in the Senate-
reported amendment. The conference agreement includes the
understanding that changes to Juvenile Justice and Delinquency
Prevention Programs are being considered in the reauthorization
of the Juvenile Justice and Delinquency Act of 1974. However,
absent completion of this reauthorization process, the
conference agreement provides funding consistent with the
current Juvenile Justice and Delinquency Prevention Act. The
conference agreement includes language that provides that
funding for these programs shall be subject to the provisions
of any subsequent authorization legislation that is enacted.
Juvenile Justice and Delinquency Prevention.--Of the
total amount provided, $279,097,000 is for grants and
administrative expenses for Juvenile Justice and Delinquency
Prevention programs including:
1. $6,847,000 for the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) (Part A).
2. $89,000,000 for Formula Grants for assistance to State
and local programs (Part B).
3. $50,250,000 for Discretionary Grants for National
Programs and Special Emphasis Programs (Part C). Within the
amount provided for Part C discretionary grants, OJJDP is
directed to review the following proposals, provide a grant if
warranted, and submit a report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding:
$3,000,000 for Parents Anonymous, Inc., to develop
partnerships with local communities to build and
support strong, safe families and to help break the
cycle of abuse and delinquency. The conference
agreement directs Parents Anonymous to open up an
active dialog with those organizations no longer
associated with the program. With a concerted effort by
all parties, problematic issues can be resolved which
will ultimately benefit the cause of child abuse
prevention;
$1,000,000 to continue the Achievable Dream after-
school program for at-risk youth;
$3,000,000 to continue funding for the National
Council of Juvenile and Family Courts which provides
continuing legal education for family and juvenile law;
$1,900,000 for continued support of law-related
education;
$1,500,000 for continuation of the Center for
Research on Crimes Against Children which focuses on
improving the handling of child crime victims by the
justice system;
$1,500,000 for equipment and programming costs at
the Brown County, SD, Juvenile Detention Center;
$750,000 for juvenile drug treatment services in
Cook County, IL;
$250,000 to the Low Country Children's Center;
$1,500,000 to expand the Milwaukee Safe and Sound
Program to other Milwaukee neighborhoods;
$150,000 to the Mel Blount Youth Home;
$300,000 to the New Mexico PAL program;
$250,000 to the juvenile assessment center in
Billings, MT, for child and family intervention
programs;
$150,000 to Sioux Falls, SD, Turning Point
locations, including the Bowden Youth Center;
$300,000 to the New Mexico Cooperative Extension
Service 4-H Youth Development Program;
$1,000,000 for Project Escape;
$400,000 to the Institute for Character
Development, Civic Responsibility, and Leadership at
Neumann College;
$750,000 to Utah State University's Youth and
Families with a Promise program;
$120,000 to the South Dakota Unified Judicial
System to continue the Intensive Juvenile Probation
program;
$250,000 to the Hawaii Navigator Project;
$500,000 to the North Eastern Massachusetts Law
Enforcement Council;
$150,000 to the Vermont Coalition of Teen Centers;
$250,000 to the Better Way program in Muncie, IN;
$350,000 to drug prevention programs in Shelby
County, KY;
$150,000 to the South Dakota Network Against Family
Violence and Sexual Assault;
$100,000 to the Alfred University Coordinating
County Services for Families and Youth program;
$500,000 to the Kansas YouthFriends program;
$500,000 to perform a national demonstration of the
Learning for Life Program which is then to be
replicated by the Gulf Ridge Council and others;
$1,500,000 to the State of Alaska for a child abuse
investigation program;
$1,250,000 to Aberdeen, SD, for a youth enrichment
program;
$438,000 to the National Association of State Fire
Marshals for implementing a national juvenile fire-
setter intervention mobilization plan that will
facilitate and promote the establishment of juvenile
fire-setter intervention programs based on existing
model programs at the State and local level;
$3,000,000 for the ``Innovative Partnerships for
High Risk Youth'' demonstration;
$7,500,000 for the Youth ChalleNGe Program;
$300,000 to Prevent Child Abuse America for the
programs of the National Family Support Roundtable;
$2,000,000 to continue the L.A.'s Best youth
program;
$500,000 to the Culver City Juvenile Crime
Diversion Initiative;
$275,000 to the Sports Foundation to work with at-
risk youth;
$300,000 to the No Workshops * * * No Jump Shots
program to provide case management, counseling and
mandatory workshops for at-risk youth;
$1,000,000 to the Greater Heights program to
provide at-risk youth with mentoring, positive
activities, networking and alternatives to
incarceration;
$500,000 to Our Next Generation;
$1,000,000 to the Youth Crime Watch of America;
$150,000 to Operation Quality Time;
$1,300,000 to the Suffolk University Center for
Juvenile Justice;
$1,000,000 for Drug Free America;
$750,000 to New Mexico State University to
establish an After School Services Pilot Program for
at-risk youth;
$250,000 for the Culinary Education Training for
At-Risk Youth in Miami-Dade, FL;
$1,000,000 to Mount Vernon, NY, to provide after-
school services to at-risk youth;
$500,000 to the Lourdes Health Network in Pasco,
WA, for extension of the school year program for youth
and adolescents at risk of delinquency;
$250,000 to the Ella H. Baker House to support its
juvenile delinquency intervention and prevention
programs;
$365,000 to Project Bridge to continue to assist
at-risk youths in Riverside County, CA;
$500,000 to Wichita State University for a juvenile
justice program;
$500,000 to the Wayne County Department of
Community Justice for an at-risk youth program
including prevention and intervention services;
$1,000,000 for the West Farms program to assist at-
risk youth; and
$50,000 for the Maryhurst Youth Center.
The conference agreement recognizes Project CRAFT
(Community Restitution and Apprenticeship-Focused Training) as
a successful model and proven intervention technique in the
rehabilitation and reduced recidivism of accused and
adjudicated juvenile offenders. The OJP is encouraged to work
in cooperation with the Department of Labor to replicate
Project CRAFT in order to offer at-risk and adjudicated youth
pre-apprenticeship training and job placement in the
residential construction trades.
4. $12,000,000 to expand the Youth Gangs (Part D) program
which provides grants to public and private nonprofit
organizations to prevent and reduce the participation of at-
risk youth in the activities of gangs that commit crimes.
5. $10,000,000 for Discretionary Grants for State
Challenge Activities (Part E) to increase the amount of a
State's formula grant by up to 10 percent, if that State agrees
to undertake some or all of the ten challenge activities
designed to improve various aspects of a State's juvenile
justice and delinquency prevention program.
6. $16,000,000 for the Juvenile Mentoring Program (Part
G) to reduce juvenile delinquency, improve academic
performance, and reduce the drop-out rate among at-risk youth
by bringing young people in high crime areas together with law
enforcement officers and other responsible adults who are
willing to serve as long-term mentors. OJJDP is directed to
provide a $3,000,000 grant for the Big Brothers/Big Sisters of
America program.
7. $95,000,000 for the At Risk Children's Program (Title
V). Under Title V juvenile justice programs, the At Risk
Children's Program provides funding to support comprehensive
delinquency prevention plans formulated at the community level.
The program targets truancy and school violence; gangs, guns,
and drugs; and other influences that lead juveniles to
delinquency and criminality.
Safe School Initiative (SSI).--The conference agreement
includes $15,000,000 within Title V grants for the Safe School
initiative as proposed in the Senate report. Within the amount
provided, OJJDP is directed to review the following proposals,
provide grants if warranted, and submit a report to the
Committees on Appropriations on its intentions regarding:
$3,600,000 to the Hamilton Fish National Institute
on School and Community Violence;
$1,250,000 to the Teens, Crime, and Community
Program;
$200,000 to the Decatur Mentoring Project in
Decatur, IL;
$250,000 to an Allegheny County, PA, youth
development program;
$1,000,000 to establish and enhance after-school
programs for at-risk youth in Baltimore, MD;
$750,000 to the University of South Alabama for
Youth Violence Prevention Research;
$900,000 to the Stop Truancy Outreach program;
$58,000 to the Southern Kentucky Truancy Diversion
program;
$1,000,000 to the ``I Have a Dream'' foundation for
at-risk youth program;
$500,000 to the Family, Career, and Community
Leaders of America (FCCLA), STOP the Violence--Students
Taking On Prevention Project; and
$1,000,000 to the Little Rock School District to
create a safe, secure and healthy school environment.
Tribal Youth Program.--The conference agreement includes
$12,500,000 within the Title V grants for programs to reduce,
control and prevent crime, as proposed in the Senate report.
Enforcing the Underage Drinking Laws Program.--The
conference agreement includes $25,000,000 within the Title V
grants for programs to assist States in enforcing underage
drinking laws, as proposed in the Senate report. Within the
amounts provided for underage drinking, OJP shall make awards
of $700,000 to expand Oregon Partnership programs and $500,000
to the Sam Houston State University and Mothers Against Drunk
Driving for the National Institute of Victims Studies.
Drug Prevention Program.--The conference agreement
includes $11,000,000 as proposed in the House bill to develop,
demonstrate and test programs to increase the perception among
children and youth that drug use is risky, harmful, or
unattractive.
Victims of Child Abuse Act.--The conference agreement
includes $8,500,000 for the various programs authorized under
the Victims of Child Abuse Act (VOCA), as proposed in the House
bill. The following programs are included in the agreement:
$1,250,000 to Regional Children's Advocacy Centers,
as authorized by section 213 of VOCA;
$5,000,000 to establish local Children's Advocacy
Centers, as authorized by section 214 of VOCA;
$1,500,000 for a continuation grant to the National
Center for Prosecution of Child Abuse for specialized
technical assistance and training programs to improve
the prosecution of child abuse cases, as authorized by
section 214a of VOCA; and
$750,000 for a continuation grant to the National
Network of Child Advocacy Centers for technical
assistance and training, as authorized by section 214a
of VOCA.
PUBLIC SAFETY OFFICERS BENEFITS
The conference agreement includes $35,624,000, instead of
$33,224,000 as proposed in the House bill and the Senate-
reported amendment. This includes $33,224,000 for the death
benefits program and $2,400,000 for the disability benefits
program. In addition to the $2,400,000 appropriated for
disability benefits, it is estimated there will be $500,000 in
available disability carryover balances for a total of
$2,900,000 for disability payments in fiscal year 2001.
In addition, the conferees understand that there is an
estimated $2,300,000 unobligated balance available for the
Education Assistance to Dependents Program in fiscal year 2001.
This amount is estimated to be sufficient to cover the cost of
this program, which has recently been expanded to provide
benefits to the children and spouses of Federal, State and
local public safety officers permanently disabled in the line
of duty as long ago as 1978.
General Provisions--Department of Justice
The conference agreement includes the following general
provisions for the Department of Justice:
Section 101.--The conference agreement includes section
101, identical in the House bill and the Senate-reported
amendment, which makes up to $45,000 of the funds appropriated
to the Department of Justice available for reception and
representation expenses.
Sec. 102.--The conference agreement includes section 102,
modified from language proposed in the House bill and the
Senate-reported amendment, which continues certain authorities
for the Department of Justice contained in the Department of
Justice Appropriation Authorization Act, fiscal year 1980,
until enactment of subsequent authorization legislation.
Sec. 103.--The conference agreement includes section 103,
as proposed in the House bill, which prohibits the use of funds
to perform abortions in the Federal Prison System. The Senate-
reported amendment did not include a similar provision.
Sec. 104.--The conference agreement includes section 104,
as proposed in the House bill, which prohibits the use of funds
to require any person to perform, or facilitate the performance
of, an abortion. The Senate-reported amendment did not include
a similar provision.
Sec. 105.--The conference agreement includes section 105,
as proposed in the House bill, which states that nothing in the
previous section removes the obligation of the Director of the
Bureau of Prisons to provide escort services to female inmates
who seek to obtain abortions outside a Federal facility. The
Senate-reported amendment did not include a similar provision.
Sec. 106.--The conference agreement includes section 106,
identical in both the House bill and the Senate-reported
amendment, which allows the Department of Justice to spend up
to $10,000,000 for rewards for information regarding acts of
terrorism against a United States person or property at levels
not to exceed $2,000,000 per reward.
Sec. 107.--The conference agreement includes section 107,
as proposed in the House bill, which continues the current 5
percent and 10 percent limitations on transfers among
Department of Justice accounts. The Senate-reported amendment
included a minor technical difference in the language.
Sec. 108.--The conference agreement includes section 108,
as proposed in the House bill, which sets forth the grant
authority of the Assistant Attorney General for the Office of
Justice Programs and makes these authorities permanent. The
Senate-reported amendment included such authorities only for
fiscal year 2001.
Sec. 109.--The conference agreement includes section 109,
as proposed in the House bill, which continues a provision in
the fiscal year 2000 Appropriations Act to allow assistance and
services to be provided to the families of the victims of Pan
Am 103. The Senate-reported amendment did not include a similar
provision.
Sec. 110.--The conference agreement includes a new
provision, numbered as section 110, which modifies section 641
of the Illegal Immigration Reform and Immigrant Responsibility
Act (IIRIRA) to reduce the fees charged to au pairs, camp
counselors, and participants in summer work travel programs for
collection of certain information. The Senate-reported
amendment included a provision to repeal section 641 and
section 110 of the IIRIRA, while the House bill did not address
this matter.
Sec. 111.--The conference agreement includes section 111,
modified from language proposed in the House bill, which
relates to the payment of certain compensation from funds
appropriated to the Department of Justice. A similar provision
was included as section 113 of the Senate-reported amendment.
Sec. 112.--The conference agreement includes section 112,
as proposed in the House bill, which establishes fees for
genealogy services and voluntary premium processing for
Immigration and Naturalization Service activities. The Senate-
reported amendment did not include a similar provision.
Sec. 114.--The conference agreement includes section 114,
proposed as section 110 in the Senate-reported amendment, which
allows funds to be provided to the FBI from the Crime Victims
Fund to improve services to crime victims. Additional direction
regarding implementation of this provision is included under
the FBI Salaries and Expenses account. In addition, the
conference agreement assumes that funding will continue to be
provided to the U.S. Attorneys to support the current number of
victim witness coordinators in fiscal year 2001, as was
provided from the Fund in fiscal year 2000.
Sec. 115.--The conference agreement includes section 115,
proposed as section 112 in the Senate-reported amendment, which
permanently allows funds appropriated to the Federal Bureau of
Prisons (BOP) to be used to place prisoners in privately
operated prisons provided that the Director of BOP determines
such placement is consistent with Federal classification
standards. The House bill did not include a similar provision.
Sec. 116.--The conference agreement includes section 116,
proposed as section 114 in the Senate-reported amendment, which
makes available up to $1,000,000 for technical assistance from
funds appropriated for part G of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended. The
House bill did not include a similar provision.
Sec. 117.--The conference agreement includes section 117,
proposed as section 115 in the Senate-reported amendment, which
makes available funds provided in fiscal year 2000 for certain
activities. The House bill did not include a similar provision.
Sec. 118.--The conference agreement includes section 118,
proposed as section 116 in the Senate-reported amendment, which
permanently prohibits funds from being provided to any local
jail that runs a ``pay to stay'' program. The House bill did
not include a similar provision.
Sec. 119.--The conference agreement includes a new
provision which allows the Attorney General to enter into
contracts and other agreements for detention and incarceration
space and facilities on any reasonable basis. The House bill
and the Senate-reported amendment included similar language
elsewhere in Title I of this Act.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
The conference agreement includes $29,517,000 for the
salaries and expenses of the Office of the United States Trade
Representative (USTR) instead of $29,433,000 as proposed in the
House bill and $29,600,000 as proposed in the Senate-reported
amendment. The USTR is directed to provide the necessary space
within its Geneva offices for use by Department of Commerce
Import Administration personnel working with the USTR on issues
related to antidumping and countervailing duties.
International Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $48,100,000 for the
salaries and expenses of the International Trade Commission
(ITC) instead of $46,995,000 as proposed in the House bill and
$49,100,000 as proposed in the Senate-reported amendment. The
conference agreement incorporates by reference report language
in both the Senate and House reports.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $337,444,000 in new
budgetary resources for the operations and administration of
the International Trade Administration (ITA) for fiscal year
2001, of which $3,000,000 is derived from fee collections,
instead of $321,448,000 as proposed by the House bill, and
$318,686,000 as proposed by the Senate-reported amendment. The
conference agreement does not include Senate-reported amendment
language regarding Executive Direction and Administration
funding. ITA is, however, directed to adhere to the
reprogramming procedures set forth in section 605 of this Act,
and to submit a spending plan.
The following table reflects the distribution of funds by
activity included in the conference agreement:
Trade Development....................................... $64,747,000
Market Access and Compliance............................ 25,555,000
Import Administration................................... 40,645,000
U.S. & F.C.S............................................ 194,638,000
Executive Direction and Administration.................. 11,859,000
Fee Collections......................................... (3,000,000)
--------------------------------------------------------
____________________________________________________
Total, ITA...................................... 334,444,000
Trade Development (TD).--The conference agreement
provides $64,747,000 for this activity. Of the amounts
provided, $50,992,000 is for the TD base program, $9,750,000 is
for the National Textile Consortium, $3,000,000 is for the
Textile/Clothing Technology Corporation, and $250,000 is for
the requested export database. Existing members of the National
Textile Consortium should receive funding at the fiscal year
2000 level and the remaining $750,000 is available for new
members on a competitive basis. Further, the conference
agreement includes $255,000 for the Access Mexico program and
$500,000 for continuation of the international global
competitiveness initiative as recommended in the House report.
Market Access and Compliance (MAC).--The conference
agreement includes a total of $25,555,000 for this activity. Of
the amounts provided, $18,755,000 is for the base program,
$500,000 is for the strike force teams initiative as provided
in the current year, and $6,300,000 is for the trade
enforcement and compliance initiative, the full amount
requested in the budget. Senate report language regarding the
Mid-American Regional Council is incorporated by reference.
Import Administration.--The conference agreement provides
$40,645,000 for the Import Administration. Requested program
increases are included as follows: $1,250,000 for overseas
compliance; $2,225,000 for China and Japan compliance; and
$3,000,000 for import surge monitoring enforcement. Funding for
a trade-law technical assistance center and a World Trade
Organization initiative is not included. Senate report language
on ITA and USTR work is included by reference.
U.S. and Foreign Commercial Service (US & FCS).--The
conference agreement includes $194,638,000 for the programs of
the US & FCS, the same amount provided in the House bill and
$23,923,000 above the Senate-reported amendment. House report
language regarding the Rural Export Initiative, the Global
Diversity Initiative, and base resources is adopted by
reference. Senate report language regarding the US & FCS's work
on the Appalachian-Turkish Trade Project is adopted by
reference.
Executive Direction and Administration.--The conference
agreement includes $11,859,000 in direct appropriations and
$847,000 in prior year carryover, providing total availability
of $12,706,000 for the administrative and policy functions of
the ITA. The conference agreement does not include Senate-
reported amendment language regarding Executive Direction and
Administration funding.
House report language regarding trade missions, buying
power maintenance, and trade show revenues is included by
reference.
Export Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $64,854,000 for the
Bureau of Export Administration (BXA) instead of $53,833,000 as
proposed in the House bill and $61,037,000 as proposed in the
Senate-reported amendment. The conference agreement assumes
$425,000 will be available from prior year carryover. Of the
amount provided, $31,328,000 is for Export Administration base,
including Chemical Weapons Convention (CWC) implementation and
$7,250,000 is for CWC inspections; $25,033,000 is for Export
Enforcement, including $500,000 for computer export
verification as in the current year and $1,000,000 for the
Chemical Weapons Convention Treaty; $4,051,000 is for
Management and Policy Coordination; and $4,867,000 is for the
Critical Infrastructure Assurance Office (CIAO). The House
report language regarding the final year of operation for the
CIAO is incorporated by reference.
The conference agreement does not include under this
heading, a provision proposed in the House bill regarding the
processing of licenses for the export of satellites to the
People's Republic of China. The conference agreement includes
an identical provision under ``Department of State, Diplomatic
and Consular Programs'', as proposed in the Senate-reported
amendment.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The conference agreement includes $411,879,000 for
Economic Development Administration (EDA) grant programs
instead of $361,879,000 as proposed in the House bill and
$218,000,000 as proposed in the Senate-reported amendment.
Of the amounts provided, $286,700,000 is for Public Works
and Economic Development, $49,629,000 is for Economic
Adjustment Assistance, $31,450,000 is for Defense Conversion,
$24,000,000 is for Planning, $9,100,000 is for Technical
Assistance, including University Centers, $10,500,000 is for
Trade Adjustment Assistance, and $500,000 is for Research. EDA
is expected to allocate the funding as directed in the House
report. The conference agreement does not include set-aside
funding for specific sectors or populations that was requested
in the budget. The authorized, traditional programs provide
support for all communities facing economic hardship. Within
the funding for Economic Adjustment Assistance, EDA is expected
to increase funding for assistance to the timber and coal
industries above fiscal year 2000 levels. In addition, EDA is
expected to provide resources for communities affected by
economic downturns due to United States-Canadian trade-related
issues, New England fisheries impacted by regulations, and
communities impacted by NAFTA, as directed in the Senate
report.
The conference agreement makes funding under this account
available until expended, as proposed in both the House bill
and the Senate-reported amendment.
SALARIES AND EXPENSES
The conference agreement includes $28,000,000 for
salaries and expenses of the EDA instead of $26,499,000 as
proposed in the House bill and $31,542,000 as proposed in the
Senate-reported amendment. This funding will allow EDA to
increase its level of administrative operations to manage
increased program funding levels. The EDA is directed to
aggressively pursue all opportunities for reimbursement,
deobligations, and use of non-appropriated resources to achieve
efficient and effective control of EDA programs.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The conference agreement includes $27,314,000 for the
programs of the Minority Business Development Agency (MBDA), as
proposed in the House bill, instead of $27,000,000 as proposed
in the Senate-reported amendment. House report language
regarding the Entrepreneurial Technology Apprenticeship Program
is included by reference.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
SALARIES AND EXPENSES
The conference agreement includes $53,745,000 for
salaries and expenses of the activities funded under the
Economic and Statistical Analysis account, instead of
$49,499,000 as proposed in the House bill and $53,992,000 as
proposed in the Senate-reported amendment. Funding is included
to begin the necessary task of updating and improving
statistical measurements of the U.S. economy, international
transactions, and the effects of e-business, as referenced in
the Senate report. House report language regarding the
Integrated Environmental-Economic Accounting initiative is
included by reference.
Bureau of the Census
The conference agreement provides total spending of
$733,633,000 for the Bureau of the Census for fiscal year 2001,
instead of a direct appropriation of $670,867,000 as proposed
in the House bill, and a direct appropriation of $693,610,000
as proposed in the Senate-reported amendment.
salaries and expenses
The conference agreement includes $157,227,000 for the
Salaries and Expenses of the Bureau of the Census for fiscal
year 2001, instead of $140,000,000 as proposed in the House
bill, and $158,386,000 as proposed in the Senate-reported
amendment. The agreement represents a $17,227,000 increase over
the fiscal year 2000 level. The distribution of funding is as
follows:
Current Economic Statistics............................. $103,228,000
Current Demographic Statistics.......................... 50,100,000
Survey Development and Data Surveys..................... 3,899,000
--------------------------------------------------------------
____________________________________________________
Total........................................... 157,227,000
For current economic statistics programs, the conference
agreement provides a total of $103,228,000, of which
$11,295,000 is for adjustments to base, and $3,000,000 is for
program enhancements for the following initiatives: $2,000,000
to begin the measurement of electronic businesses, and
$1,000,000 to support efforts to improve the timeliness,
quality and coverage of export trade statistics. The conference
agreement fully funds base requirements for these programs to
ensure that key reports on manufacturing, general economic and
foreign trade statistics are maintained and issued on a timely
basis. The conference agreement does not include additional
funding requested to begin funding a specialized Survey of
Minority Owned Business Enterprises under this account, because
such action is inconsistent with the long-standing practice of
requiring specialized surveys to be funded by an affected
agency or entity. The conference agreement adopts the Senate
report language requiring a report on reimbursements to be
submitted with the fiscal year 2002 budget request.
The Bureau of the Census is directed to make the
following changes beginning with the data collection on or
after October 1, 2000, to the monthly report entitled
``Preliminary: U.S. Imports for Consumption of Steel
Products'': (1) to delineate all products listed in such report
into the following categories: alloy steel products, stainless
steel products, and carbon steel products; (2) to add the
following specialty steel categories to the report: alloy steel
and silicon electrical steel; and (3) to divide in the report
all steel line pipe products into the following categories:
line pipe products 16 inches or less in diameter, and line pipe
products over 16 inches in diameter.
Concerns have been expressed regarding recent actions
taken by the Bureau of the Census to change the manner in which
data are collected from the Shipper's Export Declaration, and
the burden this may impose on some shippers. The Bureau is
requested to provide a report on this matter to the Committees
on Appropriations no later than December 15, 2000.
It is the Congress' understanding that the Office of
Management and Budget (OMB) will not be designating or defining
any changes to metropolitan areas during fiscal year 2001. In
order to ensure public acceptance of revised standards for
defining metropolitan areas, OMB will continue to work with the
Congress to resolve outstanding issues before adopting revised
standards. With respect to the titling of Combined Areas that
may be defined in 2003, OMB is urged to adopt a standard as
follows: (1) the name of the largest principal city of the
largest Core Based Statistical Area should appear first in the
Combined Area title; and (2) in accordance with local opinion,
up to two additional names could be included in the Combined
Area title, provided that the additional names are the names of
principal cities in the Combined Area or suitable regional
names; and the resulting title of the Combined Area would be
distinct from the title of any Metropolitan Area, Micropolitan
Area, or Metropolitan Division defined in 2003 or beyond. With
respect to titling of Metropolitan Areas, OMB is urged to
continue to work with the Congress to address local concerns.
periodic censuses and programs
The conference agreement provides a total spending level
of $576,406,000 for periodic censuses and programs, of which
$276,406,000 is provided as a direct appropriation, and
$300,000,000 is from prior year unobligated balances, instead
of a direct appropriation of $530,867,000 as proposed in the
House bill, and a direct appropriation of $535,224,000 as
proposed in the Senate-reported amendment.
Decennial Census Programs.--The conference agreement
includes a total of $390,898,000 for completion of the 2000
decennial census, of which $130,898,000 is provided as a direct
appropriation, and $260,000,000 is derived from prior year
carryover, instead of a direct appropriation of $392,898,000 as
proposed in the House bill, and a direct appropriation of
$389,716,000 as proposed in the Senate-reported amendment. The
following represents the distribution of total funds provided
for the 2000 Census in fiscal year 2001:
Program Development and Management...................... $24,055,000
Data Content and Products............................... 55,096,000
Field Data Collection and Support Systems............... 122,000,000
Address List Development................................ 1,500,000
Automated Data Process and Telecommunications Support... 115,038,000
Testing and Evaluation.................................. 55,000,000
Puerto Rico, Virgin Islands and Pacific Areas........... 5,512,000
Marketing, Communications and Partnerships.............. 9,197,000
Census Monitoring Board................................. 3,500,000
--------------------------------------------------------
____________________________________________________
Total, Decennial Census......................... 390,898,000
The Bureau is directed to continue to provide monthly
reports on the obligation of funds against each framework.
Reallocation of resources among the frameworks listed above is
subject to the requirements of section 605 of this Act, as is
allocation of any additional unobligated balances not allocated
in this conference agreement.
The conference agreement includes language designating
the amounts provided for each decennial framework, modified
from language proposed in the House bill. Should the
operational needs of the decennial census necessitate the
transfer of funds between these frameworks, the Bureau may
transfer such funds as necessary subject to the standard
transfer and reprogramming procedures set forth in section 605
of this Act. In addition, the conference agreement includes
language designating funding under this account for the
expenses of the Census Monitoring Board as proposed in the
House bill. The Senate bill did not include a similar
provision.
Other Periodic Programs.--The conference agreement
includes a total of $185,508,000 for other periodic censuses
and programs, of which $40,000,000 is derived from prior year
unobligated balances available from the decennial census,
instead of a direct appropriation of $137,969,000 as proposed
in the House bill, and $145,508,000 as proposed in the Senate-
reported amendment. The following table represents the
distribution of funds provided for non-decennial periodic
censuses and related programs:
Economic Statistics Programs............................ $45,928,000
Economic Censuses................................... (42,846,000)
Census of Governments............................... (3,082,000)
Demographic Statistics Programs......................... 96,380,000
Intercensal Demographic Estimates................... (5,583,000)
Continuous Measurement.............................. (21,615,000)
Demographic Survey Sample Redesign.................. (4,769,000)
Electronic Information Collection (CASIC)........... (6,000,000)
Geographic Support.................................. (35,108,000)
Data Processing Systems............................. (23,305,000)
Suitland Federal Center................................. 43,200,000
--------------------------------------------------------
____________________________________________________
Total........................................... 185,508,000
The Secretary of Commerce is directed to submit to the
Congress, no later than September 30, 2001, a written report on
any methodological, logistical, and other issues associated
with the inclusion in future decennial censuses of American
citizens and their dependents living abroad, for apportionment,
redistricting, and other purposes for which decennial census
results are used. This report shall include estimates of the
number of Americans living abroad in the following categories:
Federal civilian employees, military personnel, employees of
business enterprises, employees of non-profit entities, and
individuals not otherwise described.
Suitland Federal Center.--The conference agreement
includes a total of $43,200,000 for activities related to
renovation of Census Bureau facilities at the Suitland Federal
Center, of which $40,000,000 is provided from prior year
unobligated balances and $3,200,000 is provided from direct
appropriations. This amount represents the Census Bureau's
costs associated with renovation of this facility, as follows:
$3,200,000 for planning and design work, and $40,000,000 for
above-standard costs. The construction and tenant build-out
costs for this facility are to be funded by the General
Services Administration (GSA), not the Census Bureau, and the
conference agreement includes new language prohibiting Census
Bureau funds from being used for these purposes. Language is
also included, as proposed in the Senate-reported amendment,
requiring quarterly reports from the Census Bureau and GSA on
this project.
National Telecommunications and Information Administration
salaries and expenses
The conference agreement includes $11,437,000 for the
salaries and expenses of the National Telecommunications and
Information Administration (NTIA) as provided in the Senate-
reported amendment, instead of $10,975,000 as proposed in the
House bill. The conference agreement includes, by reference,
Senate report language regarding funding for the critical
infrastructure program, and House report language regarding
reimbursements.
public telecommunications facilities, planning and construction
The conference agreement includes $43,500,000 for the
Public Telecommunications Facilities, Planning and Construction
(PTFP) program, instead of $31,000,000 as proposed in the House
bill and $50,000,000 as proposed in the Senate-reported
amendment. NTIA is expected to use this funding for the
existing equipment and facilities replacement program, and to
maintain an appropriate balance between traditional grants and
those to stations converting to digital broadcasting. NTIA is
directed to place emphasis on distance learning initiatives
targeting rural areas, as described in Senate report.
INFORMATION INFRASTRUCTURE GRANTS
The conference agreement includes $45,500,000 for
NTIA's Information Infrastructure Grants program, instead of
$15,500,000 as proposed in both the House bill and the Senate-
reported amendment. Senate report language regarding the
overlap of funding under this heading with funding for the
Department of Justice, Office of Justice Programs, with respect
to law enforcement communication and information networks is
included by reference. The conference agreement includes
language proposed in the Senate-reported amendment regarding
uses of spectrum. The House bill did not include a provision on
this matter. Senate report language regarding proposals for
several grant programs is not included in the conference
agreement. House report language regarding telecommunications
research is included by reference.
Patent and Trademark Office
SALARIES AND EXPENSES
The conference agreement provides a total funding level
of $1,038,732,000 for the Patent and Trademark Office (PTO) as
proposed in the Senate-reported amendment and requested in the
budget, instead of $904,924,000 as proposed in the House bill.
Of the amount provided in the conference agreement,
$783,843,000 is to be derived from fiscal year 2001 offsetting
fee collections, and $254,889,000 is to be derived from
carryover of prior year fee collections. This amount represents
an increase of $167,732,000, or 19 percent, above the fiscal
year 2000 operating level for the PTO. The PTO has experienced
significant growth in recent years due to increased application
filings for patents and trademarks, and funding is provided to
address these increased filings.
The conference agreement includes bill language limiting
the amount of carryover that may be obligated in fiscal year
2001, as proposed in the House bill.
The conference agreement includes House report language
concerning PTO's partnership with the National Inventor's Hall
of Fame and Inventure Place, and Senate report language
concerning the official insignias of Native American Tribes,
and agency budget forecasts.
SCIENCE AND TECHNOLOGY
Technology Administration
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY
SALARIES AND EXPENSES
The conference agreement includes $8,080,000 for the
Technology Administration, instead of $7,945,000 as proposed in
the House bill, and $8,216,000 as proposed in the Senate-
reported amendment. The conference agreement continues
direction as in fiscal years 1998, 1999, and 2000 regarding the
use of Technology Administration and Department of Commerce
resources to support foreign policy initiatives and programs.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $312,617,000 for the
internal (core) research account of the National Institute of
Standards and Technology (NIST), instead of $292,056,000 as
proposed in the House bill, and $305,003,000 as proposed in the
Senate-reported amendment.
The conference agreement provides funds for the core
research programs of NIST as follows:
Electronics and Electrical Engineering.................. $40,127,000
Manufacturing Engineering............................... 19,821,000
Chemical Science and Technology......................... 33,360,000
Physics................................................. 31,556,000
Material Sciences and Engineering....................... 54,658,000
Building and Fire Research.............................. 17,124,000
Computer Science and Applied Mathematics................ 52,551,000
Technology Assistance................................... 17,349,000
Baldrige Quality Awards................................. 5,205,000
Research Support........................................ 36,599,000
Infrastructure Protection Research Grants............... 5,000,000
--------------------------------------------------------
____________________________________________________
Subtotal........................................ 313,350,000
Deobligations........................................... (733,000)
--------------------------------------------------------
____________________________________________________
Total........................................... 312,617,000
In addition, the conference agreement includes funding
for the Physics program as referenced in the Senate report. Of
the funding provided for Computer Science and Applied
Mathematics, $3,000,000 is for expert review teams, and
$4,000,000 is for internal critical infrastructure protection
activities. Funding is included for the Building and Fire
Program at $1,192,000 above the budget request, and $2,000,000
is to continue the disaster research program on effects of
windstorms on protective structures and other technologies
begun in fiscal year 1998. A total of $282,000 is authorized to
be transferred to the NIST working capital fund, as referenced
in the House bill instead of $6,200,000 as referenced in the
Senate-reported amendment. Language regarding the placement of
NIST personnel overseas is included as in the House report.
Funding of $5,000,000 is provided for a new program to
award research grants for critical infrastructure protection.
NIST is required to submit an implementation plan for this new,
competitive grant program, prior to obligation of funding.
INDUSTRIAL TECHNOLOGY SERVICES
The conference agreement includes $250,837,000 for the
NIST external research account, instead of $104,836,000 as
proposed in the House bill, and $262,737,000 as proposed in the
Senate-reported amendment.
Manufacturing Extension Partnership Program.--The
conference agreement includes $105,137,000 for the
Manufacturing Extension Partnership Program (MEP), instead of
$104,836,000 as proposed in the House bill, and $109,137,000 as
proposed in the Senate-reported amendment. The conference
agreement includes no funding for new initiatives. Additional
funding is provided for the centers. The conference agreement
incorporates direction in the Senate report that the Northern
Great Plains Initiative e-commerce project should assist small
manufacturers with marketing and business development purposes
in rural areas.
Advanced Technology Program.--The conference agreement
includes $145,700,000 for the Advanced Technology Program
(ATP), instead of $153,600,000 as proposed in the Senate-
reported amendment, and no funding as proposed in the House
bill. The amount of carryover funding available in fiscal year
2001 is $45,000,000, providing total available funding of
$190,700,000 for fiscal year 2001.
The recommendation provides the following: (1)
$84,800,000 for continued funding requirements for awards made
in fiscal years 1996, 1997, 1998, 1999, and 2000; (2)
$60,700,000 for new awards in fiscal year 2001; and (3)
$45,200,000 for administration, internal NIST lab support and
Small Business Innovation Research requirements.
The conference agreement includes bill language, modified
from the Senate language, designating $60,700,000 for new ATP
awards.
CONSTRUCTION OF RESEARCH FACILITIES
The conference agreement provides $34,879,000 for
construction, renovation and maintenance of NIST facilities,
instead of $26,000,000 as proposed in the House bill, and
$28,879,000 as proposed in the Senate-reported amendment.
Of the amount provided, $14,000,000 is for grants and
cooperative agreements as referenced in Section 209 of this
Act; and $20,879,000 is for safety, capacity, maintenance, and
repair projects at NIST, including funding to address
electrical service issues at NIST's Boulder campus.
National Oceanic and Atmospheric Administration
The conference agreement provides a total funding level
of $2,627,500,000 for all programs of the National Oceanic and
Atmospheric Administration (NOAA), instead of $2,230,959,000 as
proposed in the House bill, and $2,687,070,000 as proposed in
the Senate-reported amendment. Of these amounts, the conference
agreement includes $1,869,170,000 in the Operations, Research,
and Facilities (ORF) account, $682,899,000 in the Procurement,
Acquisition and Construction (PAC) account, and $75,431,000 in
other NOAA accounts.
operations, research, and facilities (including transfers of funds)
The conference agreement includes $1,869,170,000 for the
Operations, Research, and Facilities account of the National
Oceanic and Atmospheric Administration instead of
$1,608,125,000 as proposed in the House bill, and
$1,958,046,000 as proposed in the Senate-reported amendment.
In addition to the new budget authority provided, the
conference agreement allows a transfer of $68,000,000 from
balances in the account entitled ``Promote and Develop Fishery
Products and Research Related to American Fisheries'', as
proposed in the House bill, instead of $72,828,000 as proposed
in the Senate-reported amendment. In addition, the conference
agreement assumes prior year deobligations totaling
$16,650,000, $4,000,000 in offsets from fee collections, and
$3,200,000 to be transferred from the Coastal Zone Management
Fund to the ORF account.
The conference agreement does not include language
proposed in the House bill designating the amounts provided
under this account for the six NOAA lines offices. The Senate-
reported amendment contained no similar provision.
The conference agreement includes language, similar to
language proposed in the House bill and carried since the 1999
Appropriations Act, designating the amount available for
Executive Direction and Administration and prohibiting
augmentation of specified offices through formal or informal
personnel details, transfers, or reimbursements above 42
personnel. The Senate-reported amendment contained no such
provision.
The conference agreement includes language proposed in
the House bill making the use of deobligated balances subject
to standard reprogramming procedures. NOAA is directed that any
use of deobligations above $16,650,000 is subject to the
procedures set forth in section 605 of this Act. In addition,
the conference agreement includes House bill language limiting
administrative charges assessed on assigned activities, as in
the current year. The Senate-reported amendment included no
similar provisions.
The conference agreement does not include language in the
Senate-reported amendment regarding lawsuits. The House bill
did not address this matter.
The conference agreement does not include $34,000,000 in
controversial new fisheries and navigation safety fees that
were proposed in the budget request. House and Senate report
language regarding these fees is incorporated by reference.
The conference agreement does not include a provision, as
proposed in the Senate-reported amendment, permitting the
Secretary to have NOAA occupy and operate research facilities
at Lafayette, Louisiana.
The following table reflects the distribution of the
funds provided in this conference agreement.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH AND FACILITIES, FISCAL YEAR 2001
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year--
------------------------------------------------------------------------------------
2000 Enacted 2001 Request 2001 House 2001 Senate 2001 Conf.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NATIONAL OCEAN SERVICE
Navigation Services:
Mapping and Charting........................................... 35,298 38,456 32,718 40,256 37,437
Address Survey Backlog......................................... 18,900 18,000 18,900 22,000 20,450
------------------------------------------------------------------------------------
Subtotal..................................................... 54,198 56,456 51,618 62,256 57,887
Geodesy........................................................ 20,159 20,206 21,159 21,134 22,384
Tide and Current Data.......................................... 12,390 15,089 15,089 12,293 15,089
Acquisition of Data............................................ 15,546 17,246 14,546 18,246 18,246
NOAA Corps strength increase................................... ............... ............... ............... 1,000 1,000
------------------------------------------------------------------------------------
Total, Navigation Services................................. 102,293 108,997 102,412 114,929 114,606
====================================================================================
Ocean Resources Conservation and Assessment:
Ocean Assessment Program....................................... 44,846 41,465 34,348 49,515 49,956
GLERL...................................................... ............... 6,085 ............... 7,000 ...............
Response and Restoration................................... 15,329 20,149 10,991 19,884 11,600
Oceanic and Coastal Research............................... 8,470 8,500 5,410 10,500 9,500
------------------------------------------------------------------------------------
Subtotal--Estuarine & Coastal Assessment............... 68,645 76,199 50,749 86,899 71,056
Coastal Ocean Program.......................................... 17,200 18,232 17,087 19,432 18,287
------------------------------------------------------------------------------------
Total, Ocean Resources Conservation & Assessment....... 85,845 94,431 67,836 106,331 89,343
====================================================================================
Ocean and Coastal Management:
CZM Grants..................................................... 54,700 147,400 54,700 60,000 52,000
Program Administration......................................... 4,500 6,608 4,500 4,500 4,500
Estuarine Research Reserve System.............................. 6,000 12,000 6,000 12,000 9,750
Nonpoint Pollution Control..................................... 2,500 4,500 2,500 ............... ...............
------------------------------------------------------------------------------------
Subtotal, Coastal Management............................... 67,700 170,508 67,700 76,500 66,250
Marine Sanctuary Program....................................... 23,000 32,000 22,500 23,500 20,500
------------------------------------------------------------------------------------
Total, Ocean & Coastal Management.......................... 90,700 202,508 90,200 100,000 86,750
====================================================================================
Total, NOS................................................. 278,838 405,936 260,448 321,260 290,699
====================================================================================
NATIONAL MARINE FISHERIES SERVICE
Information Collection and Analysis:
Resource Information........................................... 107,848 101,988 100,100 117,795 119,945
Antarctic Research......................................... 1,234 1,200 1,200 2,000 1,500
Chesapeake Bay Office...................................... 2,390 1,500 2,390 3,000 2,500
Right Whale Research....................................... ............... 200 ............... ............... ...............
MARFIN..................................................... 2,750 2,750 2,500 3,500 3,500
SEAMAP..................................................... 1,200 1,200 1,200 1,200 1,400
Alaskan Groundfish Surveys................................. 900 661 661 900 900
Bering Sea Pollock Research................................ 945 945 945 945 945
West Coast groundfish...................................... 820 780 820 780 820
New England Stock Depletion................................ 1,000 1,000 1,000 1,000 1,000
Hawaii Stock Management Plan............................... 500 ............... 500 500 500
Yukon River Chinook Salmon................................. 1,200 700 ............... 1,500 1,500
Atlantic Salmon Research................................... 710 710 710 710 710
Gulf of Maine Groundfish Survey............................ 567 567 567 567 567
Dolphin/Yellowfin Tuna Research............................ 250 250 250 250 250
Pacific Salmon Treaty Program.............................. 17,431 10,587 5,587 10,587 7,456
Red Snapper Monitoring and Research........................ ............... ............... ............... 7,500 4,500
SE Cooperative Research.................................... ............... ............... ............... ............... 2,500
Hawaiian Monk Seals........................................ 750 500 500 800 800
Steller Sea Lion Recovery Plan............................. 4,000 1,440 1,440 12,300 12,300
Hawaiian Sea Turtles....................................... 285 248 248 300 300
Bluefish/Striped Bass...................................... 1,000 ............... 1,000 ............... 1,500
Halibut/Sablefish.......................................... 1,200 1,200 1,200 1,200 1,200
------------------------------------------------------------------------------------
Subtotal............................................... 146,980 128,426 122,818 167,334 166,593
====================================================================================
Fishery Industry Information:
Fish Statistics................................................ 13,000 18,871 13,000 21,871 17,680
Alaska Groundfish Monitoring................................... 5,500 5,200 5,200 7,100 6,750
PACFIN/Catch Effort Data....................................... 3,000 3,000 4,700 3,700 3,000
AKFIN (Alaska Fishery Information Network)..................... 2,500 ............... ............... 3,400 3,000
RECFIN......................................................... 3,700 3,100 3,100 3,700 3,700
GULF FIN Data Collection Effort................................ 3,500 ............... 3,000 ............... 3,500
------------------------------------------------------------------------------------
Subtotal................................................... 31,200 30,171 29,000 39,771 37,630
====================================================================================
Information Analyses and Dissemination............................. 20,900 21,403 20,400 21,403 21,150
Computer Hardware and Software................................. 3,500 3,500 750 3,500 3,500
------------------------------------------------------------------------------------
Subtotal................................................... 24,400 24,903 21,150 24,903 24,650
Acquisition of Data................................................ 25,943 25,944 25,943 26,944 26,900
====================================================================================
Total, Information, Collection, and Analyses............... 228,523 209,444 198,911 258,952 255,773
====================================================================================
Conservation and Management Operations:
Fisheries Management Programs.................................. 38,830 37,825 34,680 79,295 62,888
Columbia River Hatcheries.................................. 12,055 15,212 12,055 15,742 14,055
Columbia River Endangered Species.......................... 288 288 288 288 288
Regional Councils.......................................... 13,150 13,100 13,150 15,100 13,150
International Fisheries Commissions........................ 400 400 400 400 400
Management of George's Bank................................ 478 478 478 478 478
Pacific Tuna Management/Pelagic Fisheries.................. 2,300 1,250 1,250 3,000 2,650
Fisheries Habitat Restoration.............................. 2,000 4,000 2,000 2,000 2,000
NE Fisheries Management.................................... 6,000 11,980 6,000 3,980 ...............
NE Consortium.............................................. ............... ............... ............... 5,000 5,000
NE Cooperative............................................. ............... 15,000 15,000 15,000 15,000
Norton Sound Fisheries..................................... ............... 5,000 5,000 5,000 5,000
Coral Reefs................................................ ............... 5,000 ............... 3,000 ...............
------------------------------------------------------------------------------------
Subtotal, Fisheries Mgmt. Programs..................... 75,501 109,533 90,301 143,283 120,909
====================================================================================
Protected Species Management............................... 6,200 8,988 6,950 11,288 9,038
Dolphin Encirclement....................................... 3,300 3,300 3,300 3,300 3,300
Driftnet Act Implementation................................ 3,439 3,278 3,278 5,250 3,775
Marine Mammal Protection Act............................... 7,583 7,225 7,225 8,225 8,125
Endangered Species Act Recovery Plan....................... 43,500 55,450 42,800 47,765 55,338
Native Marine Mammals...................................... 950 700 200 1,200 950
Observers/Training......................................... 2,650 4,500 5,700 4,925 6,475
------------------------------------------------------------------------------------
Subtotal............................................... 67,622 83,441 69,453 81,953 87,001
====================================================================================
Habitat Conservation........................................... 9,200 11,079 9,200 11,079 10,140
Enforcement & Surveillance..................................... 17,950 22,354 17,950 22,354 22,354
====================================================================================
Total, Conservation, Management & Operations............... 170,273 226,407 186,904 258,669 240,404
====================================================================================
State and Industry Assistance Programs:
Interjurisdictional Fisheries Grants........................... 2,600 2,590 2,590 2,590 2,590
Anadromous Grants.............................................. 2,100 2,100 2,100 2,100 2,100
Interstate Fish Commissions.................................... 7,750 4,000 7,750 8,750 8,000
------------------------------------------------------------------------------------
Subtotal................................................... 12,450 8,690 12,440 13,440 12,690
====================================================================================
Fisheries Development Program:
Product Quality and Safety/Seafood Inspection.................. 9,500 8,328 8,328 8,778 8,328
Hawaiian Fisheries Development................................. 750 ............... ............... 750 750
Alaska Fisheries Development Foundation........................ ............... ............... ............... 300 ...............
------------------------------------------------------------------------------------
Subtotal................................................... 10,250 8,328 8,328 9,828 9,078
====================================================================================
Total, State and Industry Programs......................... 22,700 17,018 20,768 23,268 21,768
====================================================================================
Total, NMFS................................................ 421,496 452,870 406,583 540,889 517,945
====================================================================================
OCEANIC AND ATMOSPHERIC RESEARCH
Climate and Air Quality Research:
Interannual & Seasonal......................................... 16,900 14,986 12,900 14,986 14,943
Climate & Global Change Research............................... 67,000 67,095 63,000 68,895 68,500
GLOBE.......................................................... 3,000 5,000 ............... ............... 3,000
Climate Observations & Services................................ ............... 24,000 ............... 14,000 12,250
------------------------------------------------------------------------------------
Subtotal................................................... 86,900 111,081 75,900 97,881 98,693
====================================================================================
Long-term Climate & Air Quality Research....................... 30,000 30,525 29,409 33,025 33,019
Information Technology/High Performance Computing.............. 12,750 12,750 12,000 12,750 12,750
------------------------------------------------------------------------------------
Subtotal................................................... 42,750 43,275 41,409 45,775 45,769
====================================================================================
Total, Climate and Air Quality Research.................... 129,650 154,356 117,309 143,656 144,462
====================================================================================
Atmospheric Programs:
Weather Research............................................... 37,350 37,075 35,850 38,075 37,500
STORM.......................................................... 2,000 ............... ............... 1,000 350
Wind Profiler.................................................. 4,350 4,350 4,350 4,350 4,350
------------------------------------------------------------------------------------
Subtotal................................................... 43,700 41,425 40,200 43,425 42,200
Solar/Geomagnetic Research..................................... 7,000 6,182 6,000 6,182 6,000
------------------------------------------------------------------------------------
Total, Atmospheric Programs.................................... 50,700 47,607 46,200 49,607 48,200
====================================================================================
Ocean and Great Lakes Programs:
Marine Prediction Research..................................... 27,325 22,595 19,725 30,245 32,525
GLERL.......................................................... 6,825 ............... 7,125 ............... 7,000
Sea Grant Program.............................................. 59,250 59,250 61,250 64,750 62,250
National Undersea Research Program............................. 13,800 5,750 ............... 17,000 15,800
------------------------------------------------------------------------------------
Total, Ocean and Great Lakes Programs...................... 107,200 87,595 88,100 111,995 117,575
Acquisition of Data............................................ 12,952 12,952 12,952 12,952 12,952
====================================================================================
Total, OAR................................................. 300,502 302,510 264,561 318,210 323,189
====================================================================================
NATIONAL WEATHER SERVICE
Operations and Research:
Local Warnings and Forecasts................................... 480,758 508,936 506,348 505,503 462,180
Susquehanna River Basin flood system........................... 1,125 619 1,250 1,500 1,313
Aviation forecasts............................................. 35,596 35,596 35,596 35,596 35,596
Advanced Hydrological Prediction System........................ 1,000 1,000 1,000 1,000 1,000
WFO Maintenance................................................ 3,250 5,250 3,250 5,250 4,250
Weather Radio Transmitters..................................... ............... ............... 3,000 ............... 4,308
------------------------------------------------------------------------------------
Subtotal................................................... 480,758 508,936 503,348 505,403 508,647
Central Forecast Guidance...................................... 37,081 38,001 37,081 38,001 37,500
Atmospheric and Hydrological Research.......................... 3,000 3,068 3,000 3,068 3,034
------------------------------------------------------------------------------------
Total, Operations and Research............................. 520,839 550,005 543,429 546,472 549,181
====================================================================================
Systems Acquisition:
Public Warnings and Forecast Systems:
NEXRAD..................................................... 38,836 38,802 38,802 38,802 38,802
ASOS....................................................... 7,345 7,423 7,345 7,423 7,423
AWIPS/NOAA Port............................................ 32,150 38,642 32,150 38,642 35,396
------------------------------------------------------------------------------------
Total, Systems Acquisition............................. 78,331 84,867 78,297 84,867 81,621
====================================================================================
Total, NWS............................................. 599,170 634,872 621,726 631,339 630,802
====================================================================================
NAT'L ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Satellite Observing Systems:
Ocean Remote Sensing........................................... 4,000 4,000 ............... 4,000 4,000
Environmental Observing Systems................................ 53,300 53,912 50,800 56,412 53,300
Global Disaster Information Network............................ ............... 5,500 ............... ............... 3,000
------------------------------------------------------------------------------------
Total, Satellite Observing Systems......................... 57,300 63,412 50,800 60,412 60,300
====================================================================================
Data and Information Services.................................. 38,700 32,454 40,700 35,754 49,700
Environmental Data Management Systems.......................... 12,335 12,335 12,335 12,335 12,335
Regional Climate Centers....................................... 2,750 ............... 2,750 3,600 2,900
------------------------------------------------------------------------------------
Total, EDMS................................................ 53,785 44,789 55,785 51,689 64,935
====================================================================================
Total, NESDIS.............................................. 111,085 108,201 106,585 112,101 125,235
====================================================================================
PROGRAM SUPPORTS
Administration and Services:
Executive Direction and Administration......................... 19,387 19,902 19,902 19,902 19,902
Systems Acquisition Office..................................... 712 712 700 712 712
NMFS Study..................................................... ............... ............... ............... 750 750
------------------------------------------------------------------------------------
Subtotal................................................... 20,099 20,614 19,900 21,364 21,364
Central Administrative Support................................. 31,850 33,132 31,850 33,132 33,132
Minority Serving Institutions.................................. ............... 17,000 ............... ............... 15,000
------------------------------------------------------------------------------------
Total, Administration and Services......................... 51,949 53,746 51,750 54,496 69,496
Aircraft Services.............................................. 10,760 11,009 11,000 14,309 11,809
Rent Savings (Transferred to ATB).............................. (4,656) ............... (4,656) ............... ...............
------------------------------------------------------------------------------------
Total, Program Support..................................... 58,053 64,755 58,094 68,805 81,305
====================================================================================
Fleet Planning and Maintenance..................................... 13,243 9,294 7,000 19,004 11,010
Facilities:
NOAA Facilities Maintenance.................................... 1,809 1,941 1,800 1,941 1,870
Environmental Compliance....................................... 2,000 3,899 2,000 3,899 2,000
Suitland....................................................... ............... ............... ............... 14,700 ...............
Columbia River Facilities...................................... 3,365 ............... 3,365 3,465 3,365
NERRS Construction............................................. ............... ............... ............... 3,000 ...............
Boulder Facilities (GSA) Operations............................ 3,850 5,350 3,850 4,000 4,000
NARA Records Mgmt.............................................. ............... 262 ............... 262 ...............
------------------------------------------------------------------------------------
Total, Facilities.......................................... 11,024 11,452 11,015 31,267 11,235
====================================================================================
Direct Obligations................................................. 1,793,411 1,989,890 1,736,012 2,042,875 1,991,420
====================================================================================
Offset for Fee Collections (Adjustment)........................ (4,000) ............... 4,000 4,000 4,000
Reimbursable Obligations....................................... 195,767 204,400 204,400 204,400 204,400
Offsetting Collections (data sales)............................ 3,600 3,600 3,600 3,600 3,600
Offsetting Collections (fish fees/IFQ CDQ)..................... 4,000 ............... ............... ............... ...............
------------------------------------------------------------------------------------
Subtotal, Reimbursables.................................... 199,367 208,000 212,000 212,000 212,000
====================================================================================
Total, Obligations......................................... 1,992,778 2,197,890 1,948,012 2,254,875 2,203,420
====================================================================================
Financing:
Deobligations (Prior year recoveries).......................... (36,000) (36,000) (36,000) (10,000) (16,650)
Unobligated Balance transferred, net........................... ............... ............... ............... ............... ...............
Offsetting Collections (data sales)............................ (3,600) (3,600) (3,600) (3,600) (3,600)
Offsetting Collections (fish fees/IFQ CDQ)..................... (4,000) ............... (4,000) ............... (4,000)
Federal Funds.................................................. (134,927) (147,700) (147,700) 147,700) (147,700)
Non-federal Funds.............................................. (60,840) (56,700) (56,700) (56,700) (56,700)
------------------------------------------------------------------------------------
Subtotal, Financing........................................ (239,367) (244,000) (248,000) (218,000) (228,650)
Budget Authority................................................... 1,753,411 1,953,890 1,700,012 2,036,875 1,974,770
====================================================================================
Financing From:
Promote and Develop American Fisheries......................... (68,000) (68,000) (68,000) (66,278) (68,000)
Coastal Zone Management Fund................................... (4,000) (3,200) (4,000) (3,200) (3,200)
Anticipated Offsetting Collections (fish fees)................. ............... (20,000) ............... ............... ...............
Anticipated Offsetting Collections (navigation fees)........... ............... (14,000) ............... ............... ...............
Disaster Relief--Norton Sound.................................. ............... (5,000) (5,000) (5,000) (5,000)
Disaster Relief--NE Fisheries.................................. ............... (15,000) (15,000) (15,000) (15,000)
====================================================================================
Subtotal, ORF.............................................. 1,310,677 1,501,890 1,240,012 1,610,875 1,883,570
====================================================================================
Additional Adjustments:
Domestic Travel................................................ ............... ............... ............... ............... (4,000)
Foreign Travel................................................. ............... ............... ............... ............... (2,400)
General Office Supplies........................................ ............... ............... ............... ............... (5,000)
Non-Maritime/Non-capitalized equipment......................... ............... ............... ............... ............... (3,000)
Subtotal, ORF.............................................. 1,681,411 1,828,690 1,608,012 1,947,397 1,869,170
====================================================================================
Total, ORF................................................. 1,681,411 1,828,690 1,608,012 1,947,397 1,869,170
====================================================================================
PROCUREMENT, ACQUISITION AND CONSTRUCTION
Systems Acquisition:
CAMS........................................................... ............... 15,823 4,500 17,823 19,823
AWIPS.......................................................... 16,000 17,300 16,000 17,300 16,300
ASOS........................................................... 3,855 5,125 3,855 5,125 3,855
NEXRAD......................................................... 8,280 9,580 8,280 9,580 8,280
Computer Facilities Upgrades................................... 11,100 15,085 11,100 15,085 15,085
Polar Spacecraft and Launching................................. 190,979 213,619 206,965 213,639 210,310
Geostationary Spacecraft and Launching......................... 266,615 290,824 290,824 290,824 290,824
Radiosonde Replacement......................................... 7,000 7,000 2,000 7,000 5,000
GFDL Supercomputer............................................. 5,000 7,000 5,000 7,000 4,000
Evansville Dopple Radar........................................ ............... 5,500 5,500 ............... 5,500
NOAA Weather Radio Expansion/Enhancement....................... ............... 6,244 ............... 6,244 ...............
National Data Archive [NEDAAS]................................. ............... 4,000 ............... 4,000 2,000
------------------------------------------------------------------------------------
Subtotal, Systems Acquisition.............................. 508,829 597,100 554,024 593,620 580,977
====================================================================================
Construction:
WFO Construction............................................... 9,526 9,526 9,136 9,526 9,526
NERRS Construction............................................. 6,750 8,000 6,000 8,000 7,500
Botanical Gardens.............................................. 1,500 ............... ............... ............... 3,500
Alaska Facilities.............................................. 9,750 1,000 ............... 19,000 19,000
National Marine Life Center.................................... ............... ............... ............... 1,000 800
Great Bay NERRS, NH............................................ ............... ............... ............... ............... 5,000
Kasitsna Bay Lab/Kachemak Bay.................................. ............... ............... ............... ............... 5,000
NORC Rehabilitation (Suitland)................................. 3,045 ............... ............... ............... ...............
Marine Sanctuaries............................................. 3,000 3,000 3,000 ............... ...............
Suitland Facility.............................................. 3,000 ............... ............... ............... 15,000
Norman, OK..................................................... ............... 3,000 ............... 3,000 3,000
LaJolla Bluffs, CA............................................. ............... 4,600 ............... 4,600 ...............
Western Region Consolidation................................... ............... 200 ............... 200 ...............
Coastal Service Center Wing (SC)............................... ............... ............... ............... 4,000 ...............
Aquatic Resources.............................................. ............... ............... ............... ............... 5,000
Pribilof Island Cleanup (AK)................................... ............... ............... ............... 7,000 6,000
Folly Beach Seabrook Tract (SC)................................ ............... ............... ............... 2,000 2,000
------------------------------------------------------------------------------------
Subtotal, Construction..................................... 36,571 29,326 18,136 57,326 81,326
====================================================================================
Fleet Replacement.............................................. ............... ............... ............... ............... ...............
Fishery Research Vessel Placement.............................. 51,567 8,300 ............... 8,300 8,300
Adventurous Refurbishment.................................. ............... 8,000 ............... 8,000 8,000
Fairweather Refurbishment.................................. ............... ............... ............... ............... 6,800
Naval Surplus vessels for coastal research (YTT)........... ............... ............... ............... ............... 5,000
------------------------------------------------------------------------------------
Subtotal, Fleet Replacement............................ 51,567 16,300 ............... 16,300 28,100
Deobligations (PAC)........................................ (7,400) (7,504) (8,704) (7,504) (7,504)
====================================================================================
Offset from House floor action:
Total, PAC............................................. 589,567 635,222 563,456 659,742 682,899
====================================================================================
Pacific Coast Salmon Recovery...................................... 58,000 160,000 58,000 58,000 74,000
Coastal Impact Assistance Fund................................. ............... 100,000 ............... ............... ...............
Fisheries Assistance Fund...................................... ............... 10,000 ............... ............... ...............
Fisherman's Contingency............................................ 953 951 951 953 952
Foreign Fish. Observer Fund........................................ 189 191 189 191 191
Fisheries Finance Program.......................................... 338 6,628 238 338 288
(Individual Fisheries Quota)................................... (100) (100) ............... ............... ...............
====================================================================================
Total, NOAA................................................ 2,330,458 2,741,682 2,230,846 2,666,621 2,627,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
The following narrative provides additional information
related to certain items included in the preceding table.
national ocean service
The conferees have provided a total of $290,699,000 under
this account for the activities of the National Ocean Service,
instead of $260,448,000 as recommended in the House bill and
$321,260,000 as proposed in the Senate-reported amendment.
Mapping and Charting.--The conference agreement provides
$37,437,000 for NOAA's mapping and charting programs,
reflecting continued commitment to the navigation safety
programs of the NOS and concerns about the ability of the NOS
of continue to meet its mission requirements over the long
term. Within the total funding provided under Mapping and
Charting, the conference agreement includes $2,580,000 for the
joint hydrographic center established in fiscal year 1999, one-
time funding of $300,000 for the Seacoast Science Center, and
$1,500,000 for shoreline mapping as requested in the budget.
The conference agreement also includes $20,450,000 within
the line item Address Survey Backlog/Contracts exclusively for
contracting with the private sector for data acquisition needs.
This is $2,450,000 above the request and is intended to
increase efforts to address the backlog through contract
support.
Geodesy.--The conference agreement provides $22,384,000
for geodesy programs, including $19,634,000 for the base
program; not less than $500,000 for the South Carolina Geodetic
Survey as referenced in the Senate report; not less than
$1,000,000 for the implementation of the National Height
Modernization (NHM) system in North Carolina; not less than
$1,000,000 for the California Spatial Reference Center; and not
less than $250,000 for the National Geodetic Survey to
implement the NHM study.
Tide and Current Data.--The conference agreement includes
$15,089,000 for this activity, including $12,293,000 for the
base program and $2,796,000 for the continued implementation of
the Physical Oceanographic Real-Time System (PORTS) program, as
referenced in the House report.
The conference agreement includes $2,000,000 above the
request for data acquisition and for building NOAA corps
officer strength and for additional days at sea.
Ocean Assessment Program.--The conference agreement
includes $49,956,000 for the activity, including the following:
$12,658,000 for the base program; $5,800,000 to continue the
Cooperative Institute for Coastal and Estuarine Environmental
Technology; $900,000 for the South Florida ecosystem
restoration program; $2,000,000 to support coral reef studies
in the Pacific and Southeast, of which $1,000,000 is for
Hawaiian coral reef monitoring, $500,000 is for reef monitoring
in Florida, and $500,000 is for reef monitoring in Puerto Rico
through the Department of Natural Resource; $4,425,000 for
pfisteria and other harmful algal bloom research and
monitoring, of which $500,000 is for a pilot project to
preemptively address emerging problems prior to the occurrence
of harmful blooms, to be carried out by the South Carolina
Department of Marine Resources: $2,500,000 for the JASON
project; and $2,923,000 for the NOAA Beaufort/Oxford
Laboratory. In addition, the conference agreement includes
$18,750,000 for the Coastal Services Center, including funds
for initiation of a collaborative program in Hawaii for the
U.S. Pacific Basin, consistent with activities identified in
the fiscal year 2000 conference report, and funding for
planning and design for additional space at the Coastal
Services Center.
Office of Response and Restoration.--The conference
agreement includes $11,600,000 for the activity, including;
$2,674,000 for the Estuarine and Coastal Assessment program,
$5,210,000 for the Damage Assessment program, $1,000,000 in
accordance with the Oil Pollution Act of 1990, and $2,716,000
for a new base program to provide greater flexibility for
program managers to address response and restoration functions.
No funding is provided for coral restoration.
Oceanic and Coastal Research.--The conference agreement
includes $9,500,000 for this activity, which includes
$6,970,000 for base, $1,250,000 for fish forensics and
enforcement, and $1,280,000 for the Marine Environmental Health
Research Laboratory (MEHRL). The conference agreement includes
language as proposed in the Senate report regarding national
overhead costs associated with managing the missions and
operations of the research facilities funded in the Oceanic and
Coastal Research activity and the National Ocean Service is
directed to transfer budget and management operations for the
MEHRL and the Charleston Lab to the Coastal Services Center.
The conference agreement does not include the proposed
transfer of the Great Lakes Environmental Research Laboratory
(GLERL) from Oceanic and Atmospheric Research to NOS, as
proposed in the Senate report.
Coastal Ocean Program (COP).--The conference agreement
provides $18,287,000 for the Coastal Ocean Program, of which
$5,287,000 is provided for research related to hypoxia,
pfistereia, and other harmful algal blooms, including the
``dead-zone'' in the Gulf of Mexico, as referenced in the House
report. The managers of COP are directed to follow the
direction included in the Senate report concerning research on
small high-salinity estuaries and the land use-coastal
ecosystem study. The conference agreement also assumes
continued funding at the current level for restoration of the
South Florida ecosystem.
Coastal Zone Management.--The conference agreement
includes $66,250,000 for this activity, of which $52,000,000 is
for grants under sections 306, 306A, and 309 of the Coastal
Zone Management Act (CZMA), and $4,500,000 is for program
administration. NOAA is directed to prepare an assessment of
the National impact of this program and submit such assessment
to the Committees on Appropriations no later than March 15,
2001. The conference agreement does not include funding for the
Non-Point Pollution program authorized under section 6217 of
the CZMA. The conference agreement also includes $9,750,000 for
the National Estuarine Research Reserve System (NERRS)
operations and maintenance program, an increase of $3,750,000
above the current year level.
Marine Sanctuary Program.--The conference agreement
includes $20,500,000 for the National Marine Sanctuary Program.
Of this amount, $500,000 is provided to support the activities
of the Northwest Straits Citizens Advisory Commission as
outlined in the House and Senate reports.
national marine fisheries service
The conference agreement includes a total of $517,945,000
for the National Marine Fisheries Service (NMFS), instead of
$406,583,000, as recommended in the House bill and
$540,889,000, as recommended in the Senate report.
In addition, the conference agreement includes $4,000,000
to be collected under the Magnuson-Stevens Act to support the
Community and Individual Fishery Quota Program.
Resource Information.--The conference agreement provides
$119,945,000 for fisheries resource information. Within the
funds provided for resource information, $88,145,000 is
provided for the base programs. The conference agreement
includes $4,250,000 for west coast groundfish. NMFS is directed
to distribute this funding to appropriate labs based on the
current year distribution, and no labs should receive less than
current year funding. Funding above the amounts for the base
program is as follows: $1,700,000 is to expand stock
assessments; $850,000 is for MARMAP; $2,500,000 is for the Gulf
of Mexico consortium; and $200,000 is for the Atlantic Herring
and Mackerel initiative. In addition, NMFS is expected to
continue to provide onsite technical assistance to the National
Warmwater Aquaculture Research Center and provide $250,000 from
base resources for the harvest technology unit under this
direction included in the Senate report. In addition, $500,000
is provided for the Hawaiian Community Development Program and
fishery demonstration projects for native fisheries, as
referenced in the Senate report.
In addition, within the total funds provided for resource
information, the conference agreement includes: $6,500,000 for
the Gulf of Alaska for continued implementation of the
Magnuson-Stevens Act, as referenced in the Senate report;
$1,000,000 for research on Alaska near shore fisheries, to be
distributed as in the current year; $850,000 for the Chesapeake
Bay oyster recovery partnership; $3,000,000 for research on the
Charleston bump; $300,000 for research on shrimp pathogens;
$150,000 for lobster sampling; $600,000, for bluefin tuna
tagging initiative for the New England Aquarium; $300,000 for
Chinook Salmon research in the NMFS Auke Bay laboratory;
$750,000 for Magnuson-Stevens Act implementation; $200,000 for
the Northeast Fisheries Science Center for the Cooperative
Marine Education and Research Program, under the direction in
the Senate report; $300,000 for research on Southeastern sea
turtles; $200,000 for the Kotzebue Sound test fishery for king
crab and sea snail; $1,000,000 for the State of Alaska for the
Bering Sea crab; $350,000 for the South Carolina Department of
Natural Resources Biological Identification Program; and
$1,000,000 for the Tri-Coastal Marine Stock Assessment. In
addition, within the amounts provided for Resource Information,
$8,000,000 is included to continue the aquatic resources
environmental initiative. NOAA is directed to continue working
with the Xiphophorus Genetic Stock Center to improve the
understanding of fish genetics and evolution.
NMFS is directed to continue collaborative research with
the Center for Shark Research and other qualified institutions
to provide the information necessary for effective management
of the highly migratory shark fishery and conservation of shark
fishery resources.
Funding for the Chesapeake Bay Multi-Species Management
Strategy has been moved to the Chesapeake Bay Office line, for
a total of $2,500,000 for the office, of which $500,000 is for
multi-species management, including blue crabs.
Under the MARFIN line, $3,250,000 is provided for base
activities, including $750,000 for activities relating to red
snapper research, and $250,000 is provided for Northeast
activities.
Funding for right whale research and recovery activities
is provided under the Endangered Species line. Under the Yukon
River Chinook Salmon line, $1,000,000 is provided for base
activities, and $500,000 is provided for the Yukon River
Drainage Fisheries Association. Under the Pacific Salmon Treaty
Program, $5,587,000 is provided for base activities, $1,844,000
is provided for the Chinook Salmon Agreement, and funding is
provided for the North Pacific Research Board, as referenced in
the Senate report. The conference agreement includes
$12,300,000 for Steller sea lion recovery, to be allocated
according to the direction in the Senate report. Senate
language regarding the Administration's reduction of funding
for Steller sea lion recovery is included by reference.
Senate language regarding computer hardware and software
funding is included by reference.
Funding for bluefish/striped bass has been provided as
follows: $450,000 for the NMFS base research program, $800,000
for the Cooperative Marine Education and Research Program in
New Jersey, and $250,000 for other existing bluefish/striped
bass research.
Funding of $2,500,000 is provided for a cooperative
research program to address the lack of sufficient funding for
research for the southeast.
Fishery Industry Information.--The conference agreement
provides $37,630,000 for this activity. Within the $6,750,000
provided for Alaska groundfish monitoring, the conference
agreement includes $3,125,000 for the base program, of which
$1,600,000 is to implement requirements of the American
Fisheries Act and the crab and scallop fisheries management
plans; $1,000,000 for a winter pollock survey in Alaska; and
current year levels for NMFS rockfish research, crab
management, and external rockfish research. In addition, the
conference agreement provides $175,000 for the Gulf of Alaska
Coastal Communities Coalition, $300,000 for the NMFS Alaska
region infield monitoring program, and $150,000 for the Bering
Sea Fisherman's Association CDQ.
Within the funds provided for fish statistics, the
conference agreement provides $13,180,000 for the base program,
$1,000,000 for the National Standard 8 program, $2,000,000 for
research and data collection on fishing communities and
economics; and $1,500,000 for the Atlantic States Marine
Fishery Commission as referenced by the Senate report. Of the
$3,700,000 for recreational fishery harvest monitoring,
$500,000 is for the annual collection of data on marine
recreational fishing, with the balance to be expended in
accordance with the direction included in the Senate report.
Funds are also appropriated under the Fish Industry Information
activity for the Pacific Fisheries Information Network,
including Hawaii, and the Alaska Fisheries Information Network
as two separate lines, in accordance with the direction
included in the Senate report. In addition, of the funding,
$3,500,000 is provided for the Gulf of Mexico Fisheries
Information Network.
Under the Acquisition of Data line, within the total of
$26,900,000, $957,000 is provided for additional days at sea
for data acquisition.
Fisheries Management Programs.--The conference agreement
includes $62,888,000 for this activity. Within this amount,
$29,288,000 is provided for base activities, and $4,000,000 is
for NMFS facilities maintenance. In addition, $21,000,000 is
included to provide increases for data collection on fishery
management programs, including $8,000,000 to respond to
lawsuits under the National Environmental Policy Act (NEPA),
$3,000,000 for research regarding Hawaiian sea turtles related
lawsuits, and $10,000,000 for research regarding the Alaska
Steller sea lion and pollock lawsuit. The requested levels for
the Atlantic Salmon Recovery Plan, the State of Maine Recovery
Plan, and Rancho Nuevo sea turtles are included. Funding is
included for continuation of the Bronx River recovery and
restoration project as referenced in the House report; $300,000
for the Connecticut River Partnership; and $150,000 for Chinook
Salmon management; and $6,700,000 is for American Fisheries Act
Implementation, including $500,000 each for the North Pacific
Fishery Management Council and the State of Alaska.
The conference agreement appropriates a total of
$14,055,000 for NMFS support of the Columbia River hatcheries
program. NMFS is expected to support base hatchery operations
at a level of $11,400,000, $600,000 is for fall chinook
rearing, $1,700,000 is provided for monitoring and evaluation
efforts, and $300,000 is for conservation marking as referenced
in the Senate report.
Under the Pacific Tuna Management line, $400,000 is for
swordfish research as referenced in the Senate report and the
balance is for JIMAR.
For New England Fisheries Management, $5,000,000 is
provided as proposed in the Senate-reported amendment. The
conference agreement also includes a transfer of $15,000,000
from USDA (P.L. 106-78) for NE cooperative fisheries.
Protected Species Management.--Within the funds provided
for protected species management, $750,000 is for continuation
of a study on the impacts of California sea lions and harbor
seals on salmonids and the West Coast ecosystem, $1,500,000 is
provided for the State of Maine salmon recovery, and $750,000
is for bottle-nosed dolphins.
Driftnet Act Implementation.--Within the funds provided
for Driftnet Act Implementation, $150,000 is for Pacific Rim
Fisheries Program, $200,000 is for Washington and Alaska
participation, and $250,000 is for Russian EEZ observers.
Marine Mammal Protection Act.--Within funds provided,
$900,000 is for harbor seal research in Alaska.
Endangered Species Recovery Plans.--A total of
$55,338,000 is provided for this activity. Of these amounts,
$1,500,000 is for technical support to the State of Washington,
$850,000 is for Alaskan Steller sea lion recovery, $2,700,000
is for other species, $3,338,000 is for sea turtles,
$36,450,000 is for the Pacific salmon recovery initiative,
$3,500,000 is for marine mammals, $2,000,000 for Atlantic
Salmon recovery, and $5,000,000 is for right whales. Within the
amount provided for right whales, NMFS is directed to make
tagging whales a priority. NMFS is directed to make $2,900,000
available to the Northeast Consortium to administer a
competitive grants program, open to all Atlantic coastal
States, using an independent review panel of experts and
scientists in the field, to fund research on whale-friendly
fishing gear and operations, surveys and studies to reduce
potential conflicts between right whales and local industries,
and other research including tagging, acoustic studies, habitat
research and hydrodynamic modeling studies. Of the funding
provided, $2,100,000 is to help meet its responsibilities for
the implementation of programs, research, and enforcement
activities for the recovery of the right whale, including the
use of aerial surveys, of which no more than 30 percent can be
used for salaries. Due to the Department of Commerce's delay in
providing a spending plan and allocating right whale funds in
fiscal year 2000, NMFS is directed to provide the Committees on
Appropriations no later than January 30, 2001, with a spending
plan for fiscal year 2001. In addition, the Committee expects
NMFS to develop and submit by July 31, 2001, a five-year
research and management plan to facilitate right whale
recovery.
Native Marine Mammal Commissions.--The conference
agreement recommends that funding be distributed at current
year levels.
Observers and Training.--The conference agreement
distributes funding as follows: (1) $425,000 for the North
Pacific fishery observer training program; (2) $1,875,000 for
North Pacific marine resources observers; (3) $350,000 for east
coast observers; (4) $2,275,000 for west coast observers; (5)
$1,200,000 for observers for Hawaii; and (6) $350,000 for
Atlantic coast observers. NMFS is directed to submit a spending
plan prior to allocation of funding. Senate language regarding
enforcement and surveillance is adopted by reference.
Interstate Fish Commissions.--The conference agreement
includes $8,000,000 for this activity, of which $750,000 is to
be equally divided among the three commissions, and $7,250,000
is for implementation of the Atlantic Coastal Fisheries
Cooperative Management Act.
Other.--In addition, within the funds available for the
Saltonstall-Kennedy grants program, NMFS is directed to provide
to the Alaska Fisheries Development Foundation funding to be
used in accordance with the direction included in the Senate
report, and to provide funds pursuant to the direction included
in the House report to support ongoing efforts related to
Vibrio vulnificus. Senate report language regarding the
Hawaiian fisheries development program and the Oceanic
Institute is adopted by reference.
oceanic and atmospheric research
The conference agreement includes a total of $323,189,000
for Oceanic and Atmospheric Research activities, instead of
$264,561,000 as recommended in the House bill and $318,210,000
as recommended in the Senate-reported amendment.
Interannual and Seasonal Climate Research.--The
conference agreement includes $14,943,000 for interannual and
seasonal climate research, of which $2,000,000 is for the
Institute for the Study of Earth, Oceans, and Space.
Climate and Global Change Research.--The conference
agreement includes $68,500,000 for the Climate and Global
Change research program, of which $750,000 is above base
resources for the International Research Institute for Climate
Prediction to restore it to the fiscal year 2000 appropriated
level of funding. Of the amounts provided, $1,000,000 is for
the variability beyond ENSO activity, $1,000,000 is the climate
forming agents activity, and $2,000,000 is for refinement of
climate models.
Climate Observations & Services.--The conference
agreement includes $1,000,000 for climate data and information;
$2,000,000 for baseline observations; $5,000,000 for ocean
observations; $3,000,000 for the climate reference network; and
$1,250,000 for an ice research program at the Thayer School of
Engineering.
Long-Term Climate and Air Quality Research.--The
conference agreement provides $33,019,000 for this activity.
Funding is distributed as follows: $27,850,000 for base;
$500,000 for the California ozone study; and $4,669,000 for the
Health of the Atmosphere initiative.
Atmospheric Programs.--The conference agreement provides
$37,500,000 for this activity. Of this amount, $1,000,000 is
provided for research related to wind-profile data in
accordance with the direction provided in the Senate report. In
addition, $1,500,000 is provided for the U.S. Weather Research
Program for hurricane-related research.
STORM.--The conference agreement includes $350,000 for
the Science Center for Teaching, Outreach and Research on
Meteorology for the collection and analysis of weather data in
the Midwest.
Marine Prediction Research.--The conference agreement
includes $32,525,000 for marine prediction research. Within
this amount, the following is provided: $9,825,000 for the base
program; $1,650,000 for Arctic research; $2,400,000 for the
Open Ocean Aquaculture program; $3,300,000 for tsunami
mitigation, of which $1,000,000 is for TWEAK; $150,000 for a
Lake Champlain Study; $2,100,000 for the VENTS program;
$4,300,000 for continuation of the initiative on aquatic
ecosystems, including $300,000 for a nitrogen study; $1,650,000
for implementation of the National Invasive Species Act, of
which $850,000 is for the Chesapeake Bay ballast water
demonstration; $100,000 for the Lake Champlain Canal Barrier
Demonstration, as referenced in Senate report; $500,000 for
additional resources to support Hypoxia research; $2,600,000
for mariculture research; and $450,000 for the Pacific tropical
fish program to be administered by HIEDA. The conference
agreement includes $2,000,000 for the ocean exploration
initiative, as referenced in Senate report; $500,000 for the
International Pacific Research Center at the University of
Hawaii, and $1,000,000 for the SE Atlantic Marine monitoring
and prediction center at the University of North Carolina, as
referenced in the Senate report.
GLERL.--Within the $7,000,000 provided for the Great
Lakes Environmental Research Laboratory, the conference
agreement assumes continued support for the Great Lakes
nearshore and zebra mussel research programs at current levels.
Sea Grant.--The conference agreement includes $62,250,000
for the National Sea Grant program, of which $56,250,000 is for
the base program. Sea Grant is directed to fund the oyster
disease research program at $2,000,000, an increase of
$500,000, and to maintain current levels for the zebra mussel
research program and the Gulf of Mexico oyster program. The Sea
Grant program is directed to develop a research plan to address
the causes of harmful algal blooms and a monitoring and
prevention program and submit to the Committees on
Appropriations by June 30, 2001.
National Undersea Research Program (NURP).--The
conference agreement includes $15,800,000 for the National
Undersea Research Program (NURP). The Senate report included
$17,800,000 for this program; the House did not include funding
for this program. Of the amount provided, $6,900,000 is for
research conducted through the east coast NURP centers and
$6,900,000 is for the west coast NURP centers, including
Hawaiian and Pacific center and the west coast and polar
regions center. The conferees expect level funding will be
available for Aquarius, ALVIN, and program administration. Of
the amount provided, $2,000,000 is for the National Center for
Natural Products.
national weather service
The conference agreement includes a total of $630,802,000
for the National Weather Service (NWS), instead of $621,726,000
as proposed in the House bill, and $631,339,000 as proposed in
the Senate-reported amendment.
Local Warnings and Forecasts.--The conference agreement
includes $462,180,000 for this activity, including $452,280,000
for base, $4,790,000 for mitigation activities, and $400,000
for the Cooperative Observers Network. The NWS is directed to
submit a spending plan to the Committees on Appropriations for
the Cooperative Observers Network. Within the total amount
provided for Local Warnings and Forecasts, $270,000 is for the
North Dakota Agricultural Weather Network, $590,000 is for the
University of Utah for support to the Winter Olympics; and
$500,000 is for the Mount Washington Observatory, as directed
in Senate report. The NWS is directed to follow direction in
the Senate report relating to ``the 1995 Secretary's Report to
Congress on the Adequacy of NEXRAD Coverage and Degradation of
Weather Services'', and to make appropriate arrangements for
Erie, PA and Williston, ND. Of the funds provided for Local
Warnings and Forecasts, $3,350,000 is provided for data buoys,
of which $1,700,000 is for Alaska.
Weather Radio Transmitters.--Of the amount provided,
$2,323,000 is provided for base; $500,000 is for the sate of
Illinois, to complete state-wide implementation; $77,000 is for
a transmitter in Mason County, Kentucky; $100,000 is for Melba,
Mississippi transmitters; $100,000 is for Barrow, Alaska;
$125,000 is for New Hampshire; $855,000 is for Kentucky,
including Elizabethtown; $150,000 is for South Dakota; and
$78,000 is for a transmitter in Steuben County, Indiana.
national environmental satellite, data and information service
The conference agreement includes $125,235,000 for NOAA's
satellite and data management programs. In addition, the
conference agreement includes $580,977,000 under the NOAA PAC
account for satellite systems acquisition and related
activities.
Satellite Observing Systems.--The conferees have included
$60,300,000 for this activity, an increase of $3,000,000 for
the Global Disaster Information Network (GDIN). Funding for
other services is consistent with current year levels. Funding
for the wind demonstration project is to be provided in
accordance with the direction in the Senate report.
Environmental Data Management.--The conference agreement
includes: $64,935,000 for EDMS activities. For EDMS base
activities, the conference agreement includes $25,000,000. No
funds are included to continue weather record rescue and
preservation activities or the environmental data rescue
program. The conference agreement includes $500,000 for the
Cooperative Observers Network modernization. In addition,
$6,000,000 is included for the Coastal Ocean Data Development
Center and $2,500,000 for the Center for Spatial Data Research
at Jackson State University. The conference agreement provides
$15,700,000 to continue the multi-year program of climate
database modernization and utilization, as referenced in the
House report. The conference agreement includes $2,900,000 for
the Regional Climate Centers.
program support
The conference agreement provides $81,305,000 for NOAA
program support, instead of $58,094,000 as provided in the
House report, and $68,805,000, as provided in the Senate-
reported amendment. Included in this total is $11,809,000 for
Aircraft Services, including an increase to base of $800,000
for increased fuel costs. Included in the amount provided,
$15,000,000 is for the new educational program with Minority
Serving Institutions. Under Departmental Management, the
Commerce Department is directed to submit reports on the
Commerce Administrative Management System (CAMS)
implementation, as referenced in the Senate report.
The conference agreement includes $750,000 to fund a
study to review the ability of NMFS to adequately meet its
legal missions and requirements. NOAA is expected to have the
review headed by an individual from outside the agency who is
familiar with oceans and fishery management issues. The
individual selected must seek the assistance of the National
Academy of Sciences and the American Society of Public
Administration in conducting a top to bottom review of NMFS
programs, budgetary requirements, management, and constituent
relations. This review must be completed within one year. NOAA
is expected to give regular progress reports to the Committees
on Appropriations prior to submitting the final written report
outlining the findings and recommendations for the future.
fleet planning and maintenance
The conference agreement includes $11,010,000 for this
activity, instead of $7,000,000 in the House report, and
$19,004,000 in the Senate-reported amendment. The amount
provided includes $9,294,000 for base and $1,716,000 for
additional days at sea and general maintenance.
facilities
The conference agreement includes $11,235,000 for
facilities maintenance, lease costs, and environmental
compliance, instead of $11,015,000 as proposed in the House
report, and $31,267,000 as recommended in the Senate report.
The Department of Commerce is directed to continue working with
the General Services Administration (GSA) to address the 39
percent increase in GSA rental charges for the Boulder
facility, as referenced in the Senate report language.
procurement, acquisition and construction
(including transfers of funds)
The conference agreement includes a total of $682,899,000
in direct appropriations for the Procurement, Acquisition and
Construction account, and assumes $7,504,000 in deobligations
from this account. The following distribution reflects the
fiscal year 2001 funding provided for activities within this
account:
Systems Acquisition:
CAMS................................................ $19,823,000
ASOS................................................ 3,855,000
NEXRAD.............................................. 8,280,000
Computer Facilities Upgrade......................... 15,085,000
Evansville Doppler.................................. 5,500,000
Polar Spacecraft and Launching...................... 210,310,000
Geostationary Spacecraft and Launching.............. 290,824,000
Radiosonde Replacement.............................. 5,000,000
AWIPS............................................... 16,300,000
National Data Archives.............................. 2,000,000
GFDL Supercomputer.................................. 4,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Systems Acquisition................... 580,977,000
========================================================
____________________________________________________
Construction:
WFO Construction.................................... 9,526,000
NERRS Construction.................................. 7,500,000
N.Y. Botanical Garden............................... 3,500,000
Alaska Facilities................................... 19,000,000
National Marine Life Center......................... 800,000
Norman, Oklahoma.................................... 3,000,000
Aquatic Resources................................... 5,000,000
Pribilof Cleanup.................................... 6,000,000
Folley Beach Tract.................................. 2,000,000
Suitland Facility................................... 15,000,000
Kasitsna Bay Lab/Kachemak Bay....................... 5,000,000
Great Bay........................................... 5,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Construction.......................... 81,326,000
========================================================
____________________________________________________
Fleet Replacement:
Fishery Research Vessel Replacement................. 8,300,000
ADVENTUROUS Refurbishment........................... 8,000,000
FAIRWEATHER Refurbishment........................... 6,800,000
Navy Surplus Coastal Research Vessel................ 5,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Fleet Replacement..................... 28,100,000
Systems Acquisition.--Of the funding provided for Polar
Spacecraft and Launching, $73,325,000 is for Polar Convergence.
A total of $290,824,000 for the Geostationary Spacecraft and
Launching line is provided as requested in the budget.
Construction.--The funds appropriated for National
Estuarine Research Reserve construction are to be distributed
as follows: $7,000,000 is for overall NERRS requirements, and
$500,000 is for the Jacques Cousteau NERRS. The funds
appropriated for Alaska facilities are to be distributed as
follows: $15,000,000 is for the Juneau Lab, and $4,000,000 is
for the SeaLife Center. The conference agreement includes
$3,000,000 for architecture and engineering of a building for
the University of Oklahoma. The conference agreement assumes
that funding for NOAA's occupancy of the proposed building will
be based on an operating lease arrangement once the building
has been constructed by the University of Oklahoma and is ready
for NOAA occupancy.
In addition, the conference agreement includes
$15,000,000 for NOAA's Suitland, Maryland facility. Funding is
provided to cover those costs in addition to the basic building
costs provided by the GSA. Bill language is included to
prohibit the Department of Commerce from paying the traditional
GSA building requirements for the Suitland facility.
Fleet Replacement.--The conference agreement includes
funding for the refurbishment of the Fairweather in Alaska and
the Navy Surplus YTT vessel, other than baseline operations, in
South Carolina.
coastal and ocean activities
In addition to the funds provided to the National Oceanic
and Atmospheric Administration in the above table and
narrative, the conference agreement includes an additional
$420,000,000 for special purposes. Of this amount, $150,000,000
is for coastal impact assistance as authorized by section 31 of
the Outer Continental Shelf Act for fiscal year 2001 only and
does not alter the underlying authorization; $135,000,000 is
for ocean, coastal and conservation programs, and $135,000,000
is for National Oceanic and Atmospheric Administration
programs. Of the funds provided for ocean, coastal and
conservation programs, $10,000,000 is provided for
implementation of Sate nonpoint pollution control plans
pursuant to section 6217 of the Coastal Zone Act, as amended,
other than non-contiguous States except Hawaii; $30,000,000 is
for competitive grants for coastal communities in the Great
Lakes region; $14,000,000 is for the University of New
Hampshire marine facilities program; $1,000,000 is for the Sea
Coast Science Center; $3,000,000 is for the Great Bay
Partnership; $1,000,000 is for the New Hampshire Department of
Environmental Services Marsh Restoration initiative; $1,000,000
is for the Mississippi Laboratories at Pascagoula, $8,000,000
is for the ACE Basin NERRS Research Center construction,
$2,500,000 is for Winyah Bay land acquisition, $2,000,000 is
for ACE Basin Land Acquisition, $10,000,000 is for the Sealife
Center, $4,000,000 is for Kachameck Bay NERRS research center
construction; $1,000,000 is for the Raritan, N.J. NERRS land
acquisition; $10,000,000 is for DuPage River restoration;
$1,000,000 if for Detroit River restoration, $500,000 is for
lower Rouge River restoration; $8,500,000 is for Bronx River
restoration and land acquisition; $16,000,000 is for a grant
for Eastern Kentucky Pride, Inc., of which $11,000,000 is for
design and construction of facilities for water protection and
related environmental infrastructure, and $5,000,000 is for the
aquatic resources environmental initiative; $3,000,000 is for a
grant to the Louisiana Department of Natural Resources for
brown marsh research, mitigation and nutria control; $2,000,000
is for land acquisition in southern Orange County, California
for conservation of coastal sage scrub and riparian habitats;
$3,000,000 is for planning, renovation and construction of
facilities for a new national estuarine research reserve in San
Francisco, California; $2,000,000 is for a grant to the
National Fish and Wildlife Foundation for species management
and esturaine habitat conservation; and $1,500,000 is for a
grant to the Pinellas County Environmental Foundation for the
Tampa Bay watershed. Of the funds provided for the National
Oceanic and Atmospheric Administration programs, $5,000,000 is
for National Estuarine Research Reserve operations, $12,000,000
is for Marine Sanctuary operations, $8,500,000 for Coastal Zone
Management, $1,500,000 for CZMA Program Administration,
$4,000,000 is for marine mammal strandings, $14,000,000 is for
the National Ocean Service's protection of coral reefs program,
$11,000,000 is for the National Marine Fisheries Service's
Coral reefs program, $36,000,000 is for additional amounts for
the purpose of the Pacific Coastal Salmon Recovery account,
$6,000,000 is for fisheries habitat restoration, $15,000,000 is
for NOAA's Cooperative Enforcement initiative, $3,000,000 is
for Atlantic coast observers, $3,000,000 is for Cooperative
Research, $3,000,000 is for Red Snapper research, $3,000,000 is
for Aquaculture, $5,000,000 is for Harmful Algal Bloom
research, $2,000,000 is for the Ocean Exploration initiative,
and $3,000,000 is for Marine Sanctuary construction. The
amounts provided under this heading for certain activities for
ocean, coastal and waterway conservation programs are in
addition to amounts provided elsewhere in this bill.
Of the $135,000,000 provided for NOAA programs, NOAA is
directed to develop and submit to the Committees on
Appropriations an implementation plan for the additional
funding initiatives by February 28, 2001.
Great Lakes Coastal Restoration Grants.--The conference
agreement includes a new appropriation of $30,000,000 for
matching grants to be awarded competitively to state and local
governments to undertake coastal and water quality restoration
projects in the Great Lakes region. Proposals funded under this
program should be consistent with a Great Lakes State's
approved coastal management program under section 306 of the
Coastal Zone Management Act. Restoration projects eligible for
funding would include contaminated site cleanup, stormwater
controls, wetland restoration, acquisition of greenways and
buffers, and other projects designed to control polluted runoff
and protect and restore coastal resources. NOAA is directed to
develop and submit to the Committees on Appropriations an
implementation plan for this initiative no later than January
15, 2001.
pacific salmon coastal recovery
In fiscal year 2000, funding for the Southern Fund was
provided under the NOAA, ORF account heading. The conference
agreement includes funding for the Northern Transboundary Fund
and Southern Transboundary Fund under this heading, in addition
to funding provided within the Department of State. The
conference agreement includes the full amount requested for the
funds and for a payment to the State of Washington.
In addition, the conference agreement includes
$54,000,000 for salmon habitat restoration, stock enhancement,
and research. Of this amount, $18,000,000 is provided to the
State of Washington, $10,000,000 is provided to the State of
Alaska, $9,000,000 is provided to the State of Oregon, and
$9,000,000 is provided to the State of California. In addition,
$6,000,000 is provided for coastal tribes, and $2,000,000 for
river tribes. Of the funds made available to the State of
Washington, $4,000,000 shall be allocated through the Salmon
Recovery Funding Board directly to the Washington State
Department of Natural Resources and other State and Federal
agencies for purposes of implementing the State of Washington's
Forest and Fish Report. The monies shall be spent in accordance
with the terms and conditions of the Forest and Fish Report and
consistent with the requirements of the Endangered Species Act
and Clean Water Act. Of the funding made available to the State
of Alaska, $350,000 shall be used to continue the operation of
the Crystal Lake hatchery in Petersburg, and $1,000,000 for the
Metlakatla hatchery. None of the $54,000,000 shall be used for
the buy back of commercial fishing licenses or vessels.
The conference agreement includes language proposed in
the House bill making funding under this heading subject to
express authorization. The Senate-reported amendment did not
include this language.
COASTAL ZONE MANAGEMENT FUND
The conference agreement includes an appropriation of
$3,200,000 as provided in the Senate-reported amendment,
instead of $4,000,000 as provided in the House bill. This
amount is reflected under the National Ocean Service within the
Operations, Research, and Facilities account.
FISHERMEN'S CONTINGENCY FUND
The conference agreement includes $952,000 for the
Fishermen's Contingency Fund. The House bill included $951,000
and the Senate-reported amendment included $953,000 for this
program.
foreign fishing observer fund
The conference agreement includes $191,000 for the
expenses related to the Foreign Fishing Observer Fund, as
provided in the Senate-reported amendment. The House bill
included $189,000 for this program.
fisheries finance program account
The conference agreement provides $288,000 in subsidy
amounts for the Fisheries Finance Program Account, instead of
$238,000 as provided in the House bill and $338,000 as provided
in the Senate-reported amendment. Funding is provided in
accordance with the Senate-reported amendment.
Departmental Management
salaries and expenses
The conference agreement includes $35,920,000 for the
departmental management of the Commerce Department, instead of
$28,392,000, as proposed in the House bill, and $32,340,000, as
proposed in the Senate-reported amendment; of which $4,000,000
is provided for the Department's re-wiring initiative. No
funding is provided for the security initiative. Funding of
$19,823,000 is provided within NOAA for the Commerce
Administrative Management System (CAMS). The Commerce
Department is directed to submit quarterly reports for
implementation of CAMS, the initial report should include an
overview of planned CAMS implementation, including milestones,
and cost estimates for each stage of deployment. All subsequent
reports should outline progress in meeting the milestones and
spending targets.
Office of Inspector General
The conference agreement includes $20,000,000 for the
Commerce Department Inspector General, instead of $21,000,000
as recommended in the House bill and $19,000,000 as recommended
in the Senate-reported amendment. The Inspector General is
reminded that office closings, staff reductions, or
reorganizations are subject to the reprogramming procedures
outlined in section 605 of this Act.
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
The conference agreement includes the following general
provisions for the Department of Commerce:
Sec. 201.--The conference agreement includes section 201,
included in both the House bill and the Senate-reported
amendment, regarding certifications of advanced payments.
Sec. 202.--The conference agreement includes section 202,
identical in the House bill and the Senate-reported amendment,
allowing funds to be used for hire of passenger motor vehicles.
Sec. 203.--The conference agreement includes section 203,
identical in the House bill and the Senate-reported amendment,
prohibiting reimbursement to the Air Force for hurricane
reconnaissance planes.
Sec. 204.--The conference agreement includes section 204,
identical in the House bill and the Senate-reported amendment,
prohibiting funds from being used to reimburse the Unemployment
Trust Fund for temporary census workers. The Senate-reported
amendment included a provision prohibiting reimbursements in
relation to the 1990 decennial census.
Sec. 205.--The conference agreement includes section 205,
as proposed in the House bill, regarding transfer authority
among Commerce Department appropriation accounts. The Senate-
reported amendment proposed to increase the percentage of
funding available for transfer.
The conference agreement does not include section 206 of
the House bill providing for the notification of the House and
Senate Committees on Appropriations of a plan for transferring
funds to appropriate successor organizations within 90 days of
enactment of any legislation dismantling or reorganizing the
Department of Commerce. The Senate bill did not contain a
provision on this matter.
Sec. 206.--The conference agreement includes section 206,
included in both the House bill and the Senate-reported
amendment, requiring that any costs related to personnel
actions incurred by a department or agency funded in title II
of the accompanying Act be absorbed within the total budgetary
resources available to such department or agency, with a
modification to include loan collateral and grants protection.
Sec. 207.--The conference agreement includes section 207,
as proposed in both the House bill and the Senate-reported
amendment, allowing the Secretary to award contracts for
certain mapping and charting activities in accordance with the
Federal Property and Administrative Services Act.
Sec. 208.--The conference agreement includes section 208,
as proposed in both the House bill and the Senate-reported
amendment with minor technical changes, allowing the Department
of Commerce Franchise Fund to retain a portion of its earnings
from services provided.
Sec. 209.--The conference agreement includes section 209,
modified from a provision in the Senate-reported amendment, to
provide $14,000,000 within the ``National Institute of
Standards and Technology, Construction of Research Facilities''
account, for four construction projects. Of this amount,
$4,000,000 is appropriated to the Institute at Saint Anselm
College, $4,000,000 is for a cooperative agreement with the
Medical University of South Carolina, $3,000,000 is for the
Thayer School of Engineering for the biocommodity and biomass
research initiative, and $3,000,000 is appropriated to
establish the Institute for Information Infrastructure
Protection at the Institute for Security Technology Studies. In
addition, of the amounts provided within the NOAA PAC account,
$5,000,000 is provided for a grant to Pride, Inc.
Sec. 210.--The conference agreement includes a new
provision, numbered as section 210, which establishes the Dr.
Nancy Foster Memorial Scholarship program for advanced degrees
in marine studies, as part of the National Marine Sanctuary
Program.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
The conference agreement includes $37,591,000 for the
salaries and expenses of the Supreme Court, as provided in the
Senate-reported amendment, instead of $36,782,000 as provided
in the House bill.
House report language with respect to law clerk selection
is adopted by reference.
care of the building and grounds
The conference agreement includes $7,530,000 for the
Supreme Court Care of the Building and Grounds account, as
provided in the House bill and the Senate-reported amendment.
This is the amount the Architect of the Capitol currently
estimates is required for fiscal year 2001.
United States Court of Appeals for the Federal Circuit
salaries and expenses
The conference agreement includes $17,930,000 for the
U.S. Court of Appeals for the Federal Circuit as provided in
the Senate-reported amendment, instead of $17,846,000 as
provided in the House bill. This provides funding for base
adjustments and two additional assistants. No funding is
provided for additional staff in the Clerk's office.
United States Court of International Trade
salaries and expenses
The conference agreement includes $12,456,000 for the
U.S. Court of International Trade as provided in the Senate-
reported amendment, instead of $12,299,000 as provided in the
House bill.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
The conference agreement provides $3,359,725,000 for the
salaries and expenses of the Federal Judiciary as provided in
the Senate-reported amendment, instead of $3,328,778,000 as
provided in the House bill.
House report language with respect to the Southwest
Border is adopted by reference.
An April 2000 review of Federal judges sharing of
courtrooms prepared by the Congressional Budget Office (CBO)
indicated that courtroom sharing by judges should not cause
trial delays for a significant number of trials, and that for
the few that might be delayed the waiting time would be less
than half a day. The CBO study also found that many courtrooms
are in use for a small percentage of the available workdays. A
study of the Judiciary's space and facilities program recently
completed by Ernst and Young, however, suggested that requiring
judges to share courtrooms is not practical. The Ernst and
Young report stated that current court records do not
adequately track courtroom usage, making it difficult to
determine if courtroom sharing by Federal judges is a viable
option. The conference agreement directs CBO to review and
comment on the Ernst and Young report, and to provide the
Committees on Appropriations with its findings no later than
February 1, 2001. The Administrative Office of the U.S. Courts
shall provide such assistance as may be necessary to CBO to
complete its review. This issue is of great importance because
any reduction in the number of courtrooms and associated court
space could significantly reduce rental payments, which
continue to consume an inordinate amount of the Judiciary's
available resources.
vaccine injury compensation trust fund
The conference agreement provides $2,602,000 from the
Vaccine Injury Compensation Trust Fund for expenses associated
with the National Childhood Vaccine Injury Act of 1986 as
provided in the Senate-reported amendment, instead of
$2,600,000 as provided in the House bill.
defender services
The conference agreement includes $435,000,000 for the
Federal Judiciary's Defender Services account, instead of
$420,338,000 as provided in the House bill, and $416,368,000 as
provided in the Senate-reported amendment. The conference
agreement directs that a portion of the funds made available be
used for an increase to $75 an hour for in-court time and $55
an hour for out-of-court time for Criminal Justice Act panel
attorneys.
Language relating to capital habeas corpus costs in the
House report is adopted by reference.
fees of jurors and commissioners
The conference agreement includes $59,567,000 for Fees of
Jurors and Commissioners, as proposed in the Senate-reported
amendment, instead of $60,821,000 as provided in the House
bill.
court security
The conference agreement includes $199,575,000 for the
Federal Judiciary's Court Security account as provided in the
Senate-reported amendment, instead of $198,265,000 as proposed
in the House bill. Of the amount provided, $10,000,000 for
security system funding shall remain available until expended.
Administrative Office of the United States Courts
salaries and expenses
The conference agreement includes $58,340,000 for the
Administrative Office of the United States Courts as provided
in the House bill, instead of $50,000,000 as provided in the
Senate-reported amendment.
Language in the introductory section relating to the
Federal Judiciary in the House report with respect to the
Optimal Utilization of Judicial Resources report is adopted by
reference.
Federal Judicial Center
salaries and expenses
The conference agreement includes $18,777,000 for fiscal
year 2001 salaries and expenses of the Federal Judicial Center
as provided in the House bill, instead of $19,215,000 as
proposed in the Senate-reported amendment. Of the amount
provided, $1,000 shall be available for official reception and
representation expenses, as provided in the House bill, instead
of $1,500 as proposed in the Senate-reported amendment.
Judicial Retirement Funds
payment to judiciary trust funds
The conference agreement includes $35,700,000 for payment
to the various judicial retirement funds, as provided in both
the House bill and the Senate-reported amendment.
United States Sentencing Commission
salaries and expenses
The conference agreement includes $9,931,000 for the U.S.
Sentencing Commission, as provided in the Senate-reported
amendment, instead of $9,615,000 as provided in the House bill.
General Provisions--The Judiciary
Section 301.--The conference agreement includes a
provision included in both the House bill and the Senate-
reported amendment allowing appropriations to be used for
services as authorized by 5 U.S.C. 3109.
Sec. 302.--The conference agreement includes a provision
as proposed in the House bill related to the transfer of funds,
instead of the modification proposed in the Senate-reported
amendment. The House report language with respect to section
302 is incorporated by reference.
Sec. 303.--The conference agreement includes a provision
included in both the House bill and the Senate-reported
amendment allowing up to $11,000 of salaries and expenses
provided in this title to be used for official reception and
representation expenses of the Judicial Conference of the
United States.
Sec. 304.--The conference agreement includes a provision
included in the House bill to authorize the Judiciary to
appoint statutory certifying officers who will be responsible
for verifying the receipt of and payment for goods and
services. This authority is currently available to the
Executive Branch. The Senate-reported amendment did not contain
a similar provision.
Sec. 305.--The conference agreement includes a new
provision authorizing ten district judgeships, one for each of
the following states: Arizona, Florida, Kentucky, Nevada, New
Mexico, South Carolina, Virginia, and Wisconsin; and two
additional district judgeships for Texas. In addition, the
section directs the chief judge of the eastern district of
Wisconsin to designate one judge who shall hold court for such
district in Green Bay, Wisconsin.
Sec. 306.--The conference agreement includes a new
provision that allows the United States Court of Appeals for
the Federal Circuit to appoint a circuit executive or a clerk,
but not both, or to appoint a combined circuit executive/clerk.
Sec. 307.--The conference agreement includes a new
provision to extend to the Judiciary authority currently
available to the Legislative and Executive branches of
Government, to use appropriated funds to pay for the employment
of personal assistants. The language will allow the judicial
branch to hire readers for the blind, interpreters for the
deaf, and other personal assistants as may be necessary for
judges and other employees with disabilities.
Sec. 308.--The conference agreement includes a new
provision to bring the Supreme Court Police into parity with
the retirement benefits provided to the United States Capitol
Police and other federal law enforcement agencies.
Sec. 309.--The conference agreement includes a provision,
modified from a provision proposed as section 304 in the
Senate-reported amendment. The modified language authorizes
Justices and judges of the United States to receive a salary
adjustment only if under each provision of law amended by
section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), adjustments under 5 U.S.C. 5305 shall take effect
in fiscal year 2001. If such adjustments are made, then
$8,801,000 is appropriated for the cost of adjustments under
this Title. The House bill did not include a similar provision
on this matter.
The conference agreement does not include the Senate
provision related to honoraria or outside earnings limits for
Federal judges.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes a total of
$3,168,725,000 for Diplomatic and Consular Programs, instead of
$3,089,325,000 as included in the House bill and $3,148,494,000
as included in the Senate-reported amendment. The conference
agreement includes $2,718,725,000 for State Department
activities under this account, $40,000,000 related to the
implementation of the 1999 Pacific Salmon Treaty, and an
additional $410,000,000 to remain available until expended for
worldwide security upgrades.
The conference agreement includes language in this
account, and throughout this Title, that modifies citations of
authorization legislation carried in previous years. These
changes are intended to simplify and streamline bill language,
and are not intended to modify the authorities for the use of
funds under any account.
The conference agreement does not include language
proposed in the Senate-reported amendment to modify the
purposes for which funds transferred from this account to the
``Emergencies in the Diplomatic and Consular Service'' account
may be used.
The conference agreement includes language, not included
in the House bill or the Senate-reported amendment,
transferring $1,400,000 to the Presidential Advisory Commission
on Holocaust Assets in the United States.
The conference agreement includes language, as proposed
in the House bill, which makes fees collected in fiscal year
2001 related to affidavits of support available until expended.
The Senate-reported amendment gave the Department permanent
authority to use such fee collections.
The conference agreement includes language designating
$246,644,000 for public diplomacy international information
programs as proposed in the House bill. The Senate-reported
amendment did not contain a similar provision. This amount
represents the full requested funding level for these program
activities.
The conference agreement includes language under this
account allowing the Department to collect and use
reimbursements for services provided to the press. This
language was proposed in the Senate-reported amendment under
``Representation Allowances''. The House bill did not contain a
provision on this matter.
The conference agreement does not include language
proposed in the Senate-reported amendment to place limitations
on certain details of State Department senior executives to
other agencies or organizations. The House bill did not include
a similar provision.
The conference agreement does not include an earmark of
$5,000,000 under this account, as proposed in the Senate-
reported amendment, for a payment to the City of Seattle for
costs incurred as host of the WTO Ministerial Conference. The
House bill did not include a provision on this matter. The
conference agreement addresses this issue under the
``Protection of Foreign Missions and Officials'' account.
The conference agreement does not adopt a Senate
provision providing $1,000,000 to establish an Ambassador's
Fund for Cultural Preservation. Instead, the Department shall
identify up to $1,000,000 from funds provided under this
account for an Ambassador's Fund for Cultural Preservation as
described in the Senate report. United States Ambassadors in
less-developed countries may submit competitive proposals for
one-time or recurring projects with awards based on the
importance of the site, object, or form of expression, the
country's need, the impact of the United States contribution to
the preservation of the site, object, or form of expression,
and the anticipated benefit to the advancement of United States
diplomatic goals. The Department is directed to submit an
annual report to the House and Senate Committees on
Appropriations on the selection process used, and on the
expenditure of funds by project.
The conference agreement includes language making
$5,000,000 available for overseas continuing language
education, instead of $10,000,000 as proposed in the Senate-
reported amendment. The House bill did not include a similar
provision. Language in the Senate report requiring a report on
the distribution of this funding is adopted by reference.
The conference agreement does not include language
earmarking $12,500,000 for the East-West Center, as proposed in
the Senate-reported amendment. The House bill did not contain a
similar provision. Funding for the East-West Center is
addressed under a separate heading in this Title.
The conference agreement does not include language
earmarking $1,350,000 for the Protection Project as proposed in
the Senate-reported amendment. The House bill did not contain a
similar provision. The Department is directed to continue
support for this activity.
The conference agreement includes language allowing
certain advances for services related to the Panama Canal
Commission to be credited to this account and to remain
available until expended, as proposed in the House bill. The
Senate-reported amendment did not include a similar provision.
The conference agreement includes a provision, modified
from language included in the Senate-reported amendment,
designating $40,000,000 under this account to implement the
1999 Pacific Salmon Treaty. The Senate-reported amendment
provided $60,000,000 for this purpose, and the House bill did
not contain a similar provision. Of the amount provided,
$10,000,000 is for further capitalizing the Northern Boundary
Fund, $10,000,000 is for further capitalizing the Southern
Boundary Fund, and $20,000,000 is for the State of Washington
Department of Fish and Wildlife as authorized under section 628
of this Act.
The conference agreement does not include a provision
proposed in the Senate-reported amendment regarding funding for
the Office of Defense Trade Controls. The Office is expected to
review applications, regardless of identified end user, with
the utmost scrutiny.
The conference agreement includes language requiring the
Department to notify Congress fifteen days in advance of
processing licenses for the export of satellites to the
People's Republic of China, as proposed in the Senate-reported
amendment. The House bill included an identical provision under
the Department of Commerce, Bureau of Export Administration.
The conference agreement includes a provision, not in the
House bill or the Senate-reported amendment, to allow the
Department to collect and deposit Machine Readable Visa fees as
offsetting collections to this account in fiscal years 2001 and
2002 to recover costs. The conference agreement does not
include provisions to limit the use of Machine Readable Visa
fees in fiscal year 2001 and to make excess collections
available in the subsequent fiscal year, as carried in both the
House bill and the Senate-reported amendment. The House bill
included a fiscal year 2001 spending limitation of
$342,667,000. The Senate-reported amendment included a
limitation of $267,000,000.
The conference agreement does not include language
proposed in the Senate-reported amendment earmarking funds for
the Office of the Coordinator for Counterterrorism and for the
preparation of a study on the U.S. Government response to an
international WMD terrorist event. The House bill did not
include a similar provision.
The conference agreement includes $410,000,000 for
worldwide security upgrades under this account as proposed in
the House bill, instead of $272,736,000 as proposed in the
Senate-reported amendment. The Department shall submit a
detailed spending plan by December 31, 2000, for the entire
amount provided for worldwide security upgrades. The House
report designated $66,000,000 for a perimeter security
initiative, and $16,000,000 to support additional staffing for
the Bureau of Diplomatic Security, as requested. Since the time
of the budget request, the Department has notified the
Committees of increasing requirements to implement perimeter
security upgrades. The Department is expected to reflect this
development in the spending plan, increasing the amount for
perimeter security and decreasing the amount for staffing. Any
amount exceeding $8,000,000 for increased staffing will be
subject to reprogramming. The conference agreement adopts, by
reference, language in the Senate report regarding bomb
detection equipment and a report on certain security issues.
The Committees acknowledge the Department's continuing
efforts to increase minority recruitment and diversity in the
Foreign Service and commend the Department for its ongoing
efforts to partner with Howard University and other
institutions. For fiscal year 2001 the Department is directed
to supplement its minority recruitment activities by initiating
a model program to facilitate the entry of non-traditional and
minority students into foreign policy careers. This program
would provide a continuum of education and support for
successful students at two- and four-year colleges to continue
their studies at a university that provides undergraduate
programs for non-traditional students and graduate studies in
international and public affairs. The Department is directed to
provide $1,000,000 to the educational partnership between
Hostos Community College and Columbia University in New York to
establish such a model program. It is expected that this new
program would assist members of minority groups in pursuing
careers in the Foreign Service and the State Department.
Within the amount provided under this account, and
including any savings the Department identifies, the Department
will have the ability to propose that funds be used for
purposes not specifically funded by the conference agreement
through the normal reprogramming process.
Extended tours, particularly at language incentive posts,
could improve efficiency and reduce costs. The Department is
directed to report to the Committees, not later than February
15, 2001 on: 1) cost savings by subaccount that would result
from four-year tours being adopted; 2) proposed changes to
promotion criteria necessary to accommodate four-year tours;
and 3) proposed four-year assignments by job description and
post with full justification.
The conference agreement does not adopt language in the
Senate report allocating additional funds to certain geographic
regions, but commends the Department's operations in Buenos
Aires, Argentina; Montevideo, Uruguay; and Sao Paulo, Brazil.
These posts are well run, language skills are uniformly
excellent, and personnel are genuinely enthusiastic about, and
deeply involved in, the local government, community and
culture. These posts serve as model embassies to be emulated.
The Department is urged to devote the necessary resources to
these posts to maintain the high caliber of operations at each.
Questions have been raised concerning the adequacy of
current U.S. representation in Equatorial Guinea. Therefore,
the Department is directed to explore the establishment, within
resources currently available, of an American Presence Post in
Equatorial Guinea and to report to the Committees no later than
December 1, 2000, on the costs, staffing, and need for such a
post.
Increasing amounts of funding are requested under this
title for costs related to the absence or inadequacy of
democratic governance in Kosovo, East Timor, Sierra Leone, and
the Democratic Republic of the Congo. United Nations
peacekeeping missions in Kosovo and East Timor are, in fact,
surrogate governments, for which the United States is assessed
over thirty percent of the total costs. In order to ensure that
adequate and coordinated efforts are underway to develop
effective democratic governance, the Department is directed to
submit to the Committees a plan describing all such U.S.
Government-sponsored activities in these four locations, and
the anticipated results from these activities, not later than
May 1, 2001. The Department is directed to coordinate closely
with other U.S. Government agencies, the United Nations, the
National Endowment for Democracy, and relevant non-governmental
organizations in compiling the plan.
The conference agreement adopts, by reference, language
in the House report regarding: reform and restructuring,
including the submission of a reorganization plan corresponding
with general provisions included in this title; carrying out
the recommendations of the Overseas Presence Advisory Panel
including the submission of a report; the submission of a
minority recruitment and hiring plan; the Overseas Schools
Advisory Council; the negotiation of effective extradition
treaties; and unfair treatment of U.S. companies in Peru.
The conference agreement adopts, by reference, language
in the Senate report regarding: the Department's budget
justification books; amounts to be provided for the Arctic
Council and the Bering Straits Commission; the submission of a
plan regarding information about biotechnology abroad; and a
report on international sea turtle conservation efforts.
The conference agreement does not include language in the
Senate report on Sierra Leone and the Department's Bureau of
African Affairs.
CAPITAL INVESTMENT FUND
The conference agreement includes $97,000,000 for the
Capital Investment Fund, instead of $79,670,000 as proposed in
the House bill and $104,000,000 as proposed in the Senate-
reported amendment. The conference agreement does not include
language as proposed in the Senate-reported amendment allowing
the Department to retain control of its overseas
telecommunications infrastructure in the event that the current
joint management is abolished or dissolved.
Within the amount provided in this account, $17,000,000
shall be for a pilot project to establish a common technology
platform at overseas posts pursuant to the recommendations of
the Overseas Presence Advisory Panel. The conference agreement
includes the direction in the House report requiring the
submission of a spending plan for this pilot project.
The conference agreement also includes, by reference, the
report on modernization projects and resulting efficiencies
requested in the House report.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $28,490,000 for the
Office of Inspector General as proposed in the House bill,
instead of $29,395,000 as proposed in the Senate-reported
amendment. The conference agreement includes, by reference, the
guidance included in both the House and Senate reports.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes $231,587,000 for
Educational and Cultural Exchange Programs of the Department of
State, instead of $213,771,000 as proposed in the House bill
and $225,000,000 as proposed in the Senate-reported amendment.
The conference agreement makes the funds provided under this
account available until expended as in previous years, and as
proposed in the House bill.
The following chart displays the conference agreement on
the distribution of funds by program or activity under this
account:
[In thousands of dollars]
Amount
Academic Programs:
Fulbright Program................................... 114,000
Regional Scholars Program........................... 2,000
Foreign Study Grants for U.S. Undergraduates........ 1,500
College and University Affiliations Program......... 1,000
Educational Advising and Student Services........... 3,200
English Language Programs........................... 2,600
Hubert H. Humphrey Fellowships...................... 6,100
Edmund S. Muskie Fellowship Program................. 500
American Overseas Research Centers.................. 2,280
South Pacific Exchanges............................. 500
Tibet Exchanges..................................... 500
East Timor Exchanges................................ 500
Disability Exchange Clearinghouse................... 500
--------------------------------------------------------
____________________________________________________
Subtotal, Academic Programs..................... 135,180
========================================================
____________________________________________________
Professional and Cultural Programs:
International Visitor Program....................... 46,500
Citizen Exchange Program............................ 15,000
Congress Bundestag Youth Exchange................... 2,857
Mike Mansfield Fellowship Program................... 2,200
Olympic/Paralympic Exchanges........................ 1,000
Special Olympic Exchanges........................... 500
Youth Science Leadership Institute of the Americas.. 100
Irish Institute..................................... 500
Montana International Business Exchange............. 100
University of Akron Global Business Exchange........ 100
Interparliamentary Exchanges with Asia.............. 150
--------------------------------------------------------
____________________________________________________
Subtotal, Professional and Cultural Exchanges... 69,007
========================================================
____________________________________________________
North/South Center...................................... 1,400
Exchanges Support....................................... 26,000
========================================================
____________________________________________________
Total........................................... 231,587
Deviations from this distribution of funds will be
subject to the normal reprogramming procedures under section
605 of this Act. Significant carryover and recovered balances
are often available under this account, and the Department is
directed to submit a proposed spending plan for such balances,
subject to the regular reprogramming procedures. To the extent
such balances are available, the Department is encouraged to
give priority to providing additional support for the Muskie
Fellowship Program, and supporting the Central European
Executive Exchange Program and the Institute for Representative
Government.
The conference agreement includes only $500,000 in new
appropriations under this account for Muskie Fellowships for
graduate student exchanges with the former Soviet Union. In
addition to the amounts provided under this account for nations
of the former Soviet Union, the Department expects to receive
transfers from appropriations for Freedom Support Act exchange
programs. In fiscal year 2000, an additional $93,000,000 was
transferred to this account for exchanges with the former
Soviet Union, including $18,309,000 for graduate student
exchanges. A similar amount is expected to be available for
such exchanges in fiscal year 2001. In its graduate exchange
programs with the former Soviet Union, the Department shall
emphasize Masters in Business Administration programs in such
areas as marketing, distribution, and finance.
Should balances become available, the Department is
expected to consider awarding a grant for the Central European
Executive Exchange Program. The Committees expect that the
proposal submitted for this project will include participation
from Central European countries in addition to Hungary and the
Czech Republic, and will contain a plan to continue the project
in future years without Federal financial support.
The conference agreement includes, by reference, the
program guidance contained in both the House and Senate
reports.
REPRESENTATION ALLOWANCES
The conference agreement includes $6,499,000 for
Representation Allowances instead of $5,826,000 as proposed in
the House bill, and $6,773,000 as proposed in the Senate-
reported amendment. The conference agreement does not include
language under this account allowing the Department to collect
and use reimbursement for services provided to the press as
proposed in the Senate-reported amendment. This language is
instead included under the ``Diplomatic and Consular Programs''
account.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement includes $15,467,000 for
Protection of Foreign Missions and Officials, instead of
$8,067,000 as provided in the House bill and $10,490,000 as
proposed in the Senate-reported amendment. Of the amount
provided, $5,000,000 is designated for reimbursement to the
City of Seattle. Similar language was included in the Senate-
reported amendment under ``Diplomatic and Consular Programs''.
The House bill did not address this matter. The direction
included in the House and Senate reports regarding the review
of reimbursement claims is adopted by reference.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes $1,079,976,000 for this
account, instead of $1,064,976,000 as proposed in the House
bill and $782,004,000 as proposed in the Senate-reported
amendment.
The conference agreement does not include language
proposed in the Senate-reported amendment adding ``Centers for
Antiterrorism and Security Training'' to the allowable uses of
funding under this account. The House bill had no similar
language.
The conference agreement does not include a Senate
provision stating that certain proceeds of sales shall be
available only for a new embassy facility in the Republic of
Korea. Proceeds realized from the sale of the diplomatic
facility in Seoul known as ``Compound II'' shall only be
available for the site acquisition and preparation, design, or
construction of diplomatic facilities, housing, or Marine
security guard quarters in the Republic of Korea. These funds
shall be available for obligation and expenditure until all
proceeds from the sale of ``Compound II'' are exhausted. The
Committees expect the Department to provide an update every
January 1 on construction projects in the Republic of Korea.
The conference agreement includes $663,000,000 for the
costs of worldwide security upgrades, including $515,000,000
for capital security projects. The conferees direct the
Department to comply with the direction in the House report
regarding the submission of a spending plan within sixty days
of the date of enactment of this Act. In proposing such a
spending plan, the Department shall include an assessment of
need, and such funding as is appropriate, for security upgrades
related to existing housing, schools, and Marine quarters, as
well as the acquisition of new secure Marine quarters.
The conference agreement does not include new
appropriations for non-security capital projects. The
Department has indicated that $30,500,000 is available from
previous appropriations and proceeds to pay all anticipated
site acquisition and related costs of the new Beijing chancery
project in fiscal year 2001. The conference agreement includes,
by reference, the direction in the Senate report regarding the
Beijing chancery project. The ongoing costs of housing projects
in Chengdu and Shenyang are included in amounts provided for
facilities rehabilitation under this account.
The budget request included planned expenditures of
$67,000,000 from proceeds of sale of surplus property for
opportunity purchases and capital projects. The conference
agreement anticipates that the amount of funds available for
such purchases will be much greater, and directs the Department
to submit a spending plan for these funds that includes: at
least $19,000,000 for opportunity purchases to replace
uneconomical leases; at least $25,000,000 for capital security
projects; and $20,000,000 for continuing costs of the Taiwan
project. Any additional use of these funds is subject to
reprogramming.
The conference agreement includes, by reference, language
in the House report under ``Worldwide Security Upgrades'' and
``Responding to the Recommendations of the Overseas Presence
Advisory Panel'', and language in the Senate report on joint
ventures and a General Accounting Office review of a property
issue in Paris. Within the amount provided under this account,
the Department is expected to support the rehabilitation
projects in Moscow and Istanbul described in the Senate report.
The Department is directed to submit, and receive
approval for, a financial plan for the funding provided under
this account, whether from direct appropriations or proceeds of
sales, prior to the obligation or expenditure of funds for
capital and rehabilitation projects. The overall spending plan
shall include project-level detail, and shall be provided to
the Appropriations Committees not later than 60 days after the
date of enactment of this Act. Any deviation from the plan
after approval shall be treated as a reprogramming in the case
of an addition greater than $500,000 or as a notification in
the case of a deletion, a project cost overrun exceeding 25
percent, or a project schedule delay exceeding 6 months.
Notification requirements also extend to the rebaselining of a
given project's cost estimate, schedule, or scope of work.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement includes $5,477,000 for the
Emergencies in the Diplomatic and Consular Service account, as
provided in the House bill, instead of $11,000,000, as provided
in the Senate-reported amendment.
REPATRIATION LOANS PROGRAM ACCOUNT
The conference agreement includes a total appropriation
of $1,195,000 for the Repatriation Loans Program account as
provided in the House bill, instead of $1,200,000 as provided
in the Senate-reported amendment.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The conference agreement includes $16,345,000 for the
Payment to the American Institute in Taiwan account, as
provided in both the House bill and the Senate-reported
amendment. The conference agreement includes, by reference,
language in both the House and Senate reports. Funding for the
relocation of the Institute is discussed under the ``Embassy
Security, Construction, and Maintenance'' account.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement includes $131,224,000 for the
Payment to the Foreign Service Retirement and Disability Fund
account, as provided in both the House bill and the Senate-
reported amendment.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement includes $870,833,000 for
Contributions to International Organizations to pay the costs
assessed to the United States for membership in international
organizations, instead of $880,505,000 as proposed in the House
bill, and $943,944,000 as proposed in the Senate-reported
amendment.
The conference agreement includes language requiring that
$100,000,000 may be made available to the United Nations only
pursuant to a certification that the U.N. has taken no action
during calendar year 2000 prior to the enactment of this Act to
cause the U.N. to exceed the adopted budget for the biennium
2000-2001. Similar language was included in the House bill. The
Senate-reported amendment did not include a provision on this
matter.
The conference agreement does not include an additional
$64,800,000 for the United States share of the new North
Atlantic Treaty Organization headquarters as proposed in the
Senate-reported amendment. The House bill did not have a
similar provision. Within the amount provided under this
heading, $8,000,000 is included for the first incremental
payment for the U.S. share of the new headquarters building, as
requested.
The amount provided by the conference agreement is
expected to be sufficient to fully pay assessments to
international organizations. The conference agreement
anticipates that the Department has prepaid $32,600,000 of the
fiscal year 2001 assessment for the United Nations regular
budget, using excess fiscal year 2000 funds. In addition, the
Department's recalculation of its fiscal year 2001 request for
this account has resulted in a lowering of the request by an
additional $37,908,000, resulting primarily from exchange rate
fluctuations. In recognition of the prepayment and the
recalculation of the request, the conference agreement assumes
an adjusted request level of $875,552,000. The conference
agreement does not include requested funding for the
Interparliamentary Union and the Bureau of International
Expositions, and anticipates additional savings related to
requested programs that are terminating or have not yet begun.
Provisions in the House report relating to reports on
reforms in international organizations, and Senate report
language relating to reporting on War Crimes Tribunals are
adopted by reference. The conference agreement does not include
an additional $13,000,000, as proposed in the Senate report,
for Pan American Health Organization (PAHO) disease prevention
and control programs. The Department is encouraged to pursue
appropriate funding for such an initiative in the future. The
conference agreement adopts, by reference, language in the
House report concerning PAHO, and directs the Department to
provide PAHO with its full United States assessment level for
fiscal year 2001.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement provides $846,000,000 for
Contributions for International Peacekeeping Activities,
instead of $500,000,000 as proposed in the Senate-reported
amendment and $498,100,000 as proposed in the House bill.
The conference agreement provides that, of the total
funding provided under this heading, not to exceed fifteen
percent shall remain available until September 30, 2002. The
Senate-reported amendment made all funding available until
expended, and the House bill had no provision on the matter.
The conferees expect that before any excess funding is carried
over into fiscal year 2002 in this account, the Department
shall transfer the maximum allowable amount to the
Contributions to International Organizations account to prepay
the fiscal year 2002 assessment for the United Nations regular
budget.
The conference agreement includes, by reference, language
in the House report requiring a Department report to the
Committees related to the costs of continuing UN activities in
Angola and Haiti from the UN regular budget, requiring a report
on peacekeeping assessment rate reform, and directing the
Department to support the work of the UN Office of Internal
Oversight Services. The conference agreement also includes, by
reference, language in the Senate report regarding the
investigation of charges against those responsible for the
planning and execution of the air war over Serbia and Kosovo.
The establishment of several large and complex missions
over the past year has overtaken the capacity of the UN to
successfully plan and manage such activities. The Department is
directed to allocate available funds in this account on a
priority basis, and to take no action to extend or expand
missions or create new missions for which funding is not
available. The conference agreement does not include funding
for the MINURSO mission in Western Sahara. In addition to the
notification requirements under this account, the Department is
directed to submit a proposed distribution of the total
resources available under this account no later than December
31, 2000, through the normal reprogramming process.
ARREARAGE PAYMENTS
The conference agreement does not include funding for
arrearage payments in this Act. The Senate-reported amendment
provided $102,000,000 for additional arrearage payments above
the $926,000,000 authorized and appropriated in previous years,
subject to certain conditions. The House bill did not include
new funding for arrearage payments.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The conference agreement includes $7,142,000 for Salaries
and Expenses of the International Boundary and Water Commission
(IBWC) as proposed in the Senate-reported amendment, instead of
$19,470,000 as proposed in the House bill. The conference
agreement includes, by reference, language in the House report
regarding the South Bay International Wastewater Treatment
Plant.
CONSTRUCTION
The conference agreement includes $22,950,000 for the
Construction account of the IBWC instead of $26,747,000 as
proposed in the Senate-reported amendment and $6,415,000 as
proposed in the House bill. The conference agreement provides
funding for the following activities: facilities renovation--
$425,000; heavy equipment replacement--$1,000,000; land mobile
radio systems replacement--$500,000; hydrologic data collection
system rehabilitation--$500,000; Rio Grande construction--
$2,685,000; Colorado River construction--$805,000; a
feasibility study for the construction of a diversionary
structure to control sewage flows in the flood control channel
of the Tijuana River--$500,000; and operations and
maintenance--$16,535,000. The conference agreement adopts, by
reference, language in the House report regarding the
reallocation of funds subject to reprogramming. The conferees
also expect the Commission to submit to the Committees, not
later than November 15, 2001, an end-of-year report on
operations and maintenance spending. This report shall include
actual obligations, and balances carried forward, by project.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The conference agreement includes $6,741,000 for the U.S.
share of expenses of the International Boundary Commission; the
International Joint Commission, United States and Canada; and
the Border Environment Cooperation Commission, as proposed in
the Senate-reported amendment, instead of $5,710,000 as
proposed in the House bill. The conference level will provide
funding at the following levels for the three commissions:
International Boundary Commission--$970,000; International
Joint Commission--$3,771,000; and Border Environment
Cooperation Commission--$2,000,000.
INTERNATIONAL FISHERIES COMMISSIONS
The conference agreement includes $19,392,000 for the
U.S. share of the expenses of the International Fisheries
Commissions and related activities, as proposed in the Senate-
reported amendment, instead of $15,485,000 as proposed in the
House bill.
The conference agreement includes the funding
distribution requested in the President's budget and adopts, by
reference, language in the Senate report on treating Lake
Champlain with lampricide, and giving priority to States
providing matching funds.
Other
PAYMENT TO THE ASIA FOUNDATION
The conference agreement includes $9,250,000 for the
Payment to the Asia Foundation account, instead of $8,216,000
as provided in the House bill, and instead of no funding as
provided in the Senate-reported amendment. The conferees
support the work of the Asia Foundation on democracy and the
rule of law in the Asia-Pacific region. Since the establishment
of multi-party democracy in 1990, Nepal continues to struggle
with political instability, weak legal institutions and
economic stagnation. Increased funding in this account is
expected to allow the Foundation to expand law reform
activities in Nepal.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
The conference agreement includes language as provided in
both the House bill and the Senate-reported amendment allowing
all interest and earnings accruing to the Trust Fund in fiscal
year 2001 to be used for necessary expenses of the Eisenhower
Exchange Fellowships.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The conference agreement includes language as provided in
both the House bill and the Senate-reported amendment allowing
all interest and earnings accruing to the Scholarship Fund in
fiscal year 2001 to be used for necessary expenses of the
Israeli Arab Scholarship Program.
EAST-WEST CENTER
The conference agreement includes $13,500,000 for
operations of the East-West Center as proposed in the Senate-
reported amendment, instead of no funds as proposed in the
House bill. The conference agreement does not include an
additional earmark of $12,500,000 from the Department of State,
Diplomatic and Consular Programs account, as proposed in the
Senate-reported amendment.
NATIONAL ENDOWMENT FOR DEMOCRACY
The conference agreement includes $30,999,000 for the
National Endowment for Democracy as proposed in the Senate-
reported amendment, instead of $30,872,000 as proposed in the
House bill. The Endowment shall submit to the Committees, not
later than February 1, 2001, a detailed program plan for NED
activities in East Timor, Kosovo, Sierra Leone and the
Democratic Republic of the Congo.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $398,971,000 for
International Broadcasting Operations, instead of $419,777,000
as proposed in the House bill and $388,421,000 as proposed in
the Senate-reported amendment. Rather than funding broadcasting
to Cuba under this account, as proposed by the House, all
funding for broadcasting to Cuba is included under a separate
account, as proposed in the Senate-reported amendment, and as
enacted in previous years.
The conference agreement includes language in this and
other broadcasting accounts that modifies citations of
authorization legislation as carried in previous years. These
changes are intended to simplify and streamline bill language,
and are not intended to modify the authorities for the use of
funds under any account.
The conference agreement includes, by reference, language
in the House report on the review of television-related
programs, Radio Free Asia, further consolidation and
streamlining within international broadcasting, and
reprogramming requirements. The conference agreement also
includes, by reference, language in the Senate report on the
VOA charter requirements, and on the initiation of RFE/RL
broadcasting in Avar, Chechen and Circassian.
The Broadcasting Board of Governors (BBG) is expected to
devote a proportionate and reasonable share of total VOA
programming to the charter requirements of explaining American
foreign policy and explaining American values, institutions,
and thought. Should the BBG determine that organizational
changes would facilitate the achievement of this goal, such
proposed changes shall be submitted to the Committees through
the regular reprogramming process.
The conference agreement provides inflationary
adjustments to base funding levels for all broadcasting
entities. Within the amount provided, $1,000,000 shall be for
Uighur language broadcasting by Radio Free Asia. The BBG is
directed to provide an allocation plan for all available
funding under this account to the Committees within sixty days
from the enactment of this Act.
BROADCASTING TO CUBA
The conference agreement includes $22,095,000, to remain
available until expended, for Broadcasting to Cuba under a
separate account as proposed in the Senate-reported amendment,
instead of $22,806,000 within the total for International
Broadcasting Operations as proposed in the House bill. The
conference agreement does not include language proposed in the
Senate-reported amendment, providing that funds may be used for
aircraft to house television broadcasting equipment. The House
bill did not contain a provision on this matter.
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement includes $20,358,000 for the
Broadcasting Capital Improvements account, instead of
$18,358,000 as proposed in the House bill, and $31,075,000 as
proposed in the Senate-reported amendment. The conference
agreement does not include language proposed in the Senate-
reported amendment making a specific amount under this account
available for the costs of overseas security upgrades.
The conference agreement includes, by reference, language
in the House report on digital development and conversion,
security upgrades, relocation of the Poro Point medium wave
transmitter, and the submission of a spending plan through the
reprogramming process. The conference agreement also includes,
by reference, language in the Senate report on the notification
of the Committees prior to the release of funds for security
upgrades.
The BBG may propose through the reprogramming process to
allocate funds under this account for rotatable antennas, or
for other infrastructure improvements at the Greenville, NC,
transmitting station, as discussed in the Senate report.
General Provisions--Department of State and Related Agency
Section 401.--The conference agreement includes section
401, as proposed in the House bill, permitting use of funds for
allowances, differentials, and transportation. The Senate-
reported amendment included a similar provision with minor
technical differences related to the citation of authorizing
provisions.
Sec. 402.--The conference agreement includes section 402,
as provided in both the House bill and the Senate-reported
amendment, dealing with transfer authority.
Sec. 403.--The conference agreement includes section 403,
proposed as section 404 in both the House bill and the Senate-
reported amendment, prohibiting the use of funds by the
Department of State or the Broadcasting Board of Governors
(BBG) to provide certain types of assistance to the Palestinian
Broadcasting Corporation (PBC). The conference agreement does
not include training that supports accurate and responsible
broadcasting among the types of assistance prohibited. The
conferees agree that neither the Department of State, nor the
BBG, shall provide any assistance to the PBC that could support
restrictions of press freedoms or the broadcasting of
inaccurate, inflammatory messages. The conferees further expect
the Department and the BBG to submit a report to the
Committees, before December 15, 2000, detailing any programs or
activities involving the PBC in fiscal year 2000, and any plans
for such programs in fiscal year 2001.
Sec. 404.--The conference agreement includes section 404,
proposed as section 405 in the House bill, creating the
position of Deputy Secretary of State for Management and
Resources. The Senate-reported amendment did not include a
provision on this matter. The conference agreement adopts, by
reference, the guidance on this matter provided in the House
report under the ``Diplomatic and Consular Programs'' account.
Sec. 405.--The conference agreement includes section 405,
as proposed in the Senate bill, prohibiting the use of funds
made available in this Act by the United Nations for activities
authorizing the United Nations or any of its specialized
agencies or affiliated organizations to tax any aspect of the
Internet.
Sec. 406.--The conference agreement includes section 406,
proposed in the Senate-reported amendment as section 409,
prohibiting the use of funds in this or any other Act to allow
entry of diamonds into the United States if they were mined in
certain countries, unless certain documentation is provided.
The House bill did not include a provision on this matter.
Sec. 407.--The conference agreement includes section 407,
not included in either the House bill or the Senate-reported
amendment, extending authorities to provide protective services
to departing and incoming Secretaries of State.
Sec. 408.--The conference agreement includes section 408,
not included in either the House bill or the Senate-reported
amendment, waiving provisions of existing legislation that
require authorizations to be in place for the State Department
and the Broadcasting Board of Governors prior to the
expenditure of any appropriated funds.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME SECURITY PROGRAM
The conference agreement includes $98,700,000 for the
Maritime Security Program as proposed in both the House bill
and the Senate-reported amendment.
OPERATIONS AND TRAINING
The conference agreement includes $86,910,000 for the
Maritime Administration Operations and Training account instead
of $84,799,000 as proposed in the House bill and $80,240,000 as
proposed in the Senate-reported amendment. Within this amount,
$47,236,000 shall be for the operation and maintenance of the
U.S. Merchant Marine Academy, including $13,000,000 above base
funding levels for further deferred maintenance and renovation
requirements as described in the House report. The conferees
adopt, by reference, language in the House report regarding the
submission of a spending plan for this initiative.
The conference agreement includes $7,473,000 for the
State Maritime Academies. Within the amount for State Maritime
Academies, $1,200,000 shall be for student incentive payments,
the same amount as provided in fiscal year 2000.
The conference agreement also includes, by reference,
language in the House report on submission of a report on
maritime education and training.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
The conference agreement provides $30,000,000 in subsidy
appropriations for the Maritime Guaranteed Loan Program instead
of $10,621,000 as proposed in the House bill and $20,221,000 as
proposed in the Senate-reported amendment. The conference
agreement adopts the Senate approach of dropping a limitation
on the loan program level of not to exceed $1,000,000,000. The
House bill included this provision, which has also been carried
in previous years. MARAD shall not make commitments exceeding
$1,000,000,000 in fiscal year 2001, including commitments made
with appropriations from previous fiscal years, without prior
notification to the Committees in accordance with section 605
reprogramming procedures.
The conference agreement also includes an additional
$3,987,000 for administrative expenses associated with the
Maritime Guaranteed Loan Program instead of $3,795,000 as
proposed in the House bill, and $4,179,000 as proposed in the
Senate-reported amendment. The amount for administrative
expenses may be transferred to and merged with amounts under
the MARAD Operations and Training account.
MARAD has indicated to the Committees that it expects to
carry over approximately $10,000,000 in this account which may
be used as additional subsidy budget authority in fiscal year
2001.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
The conference agreement includes provisions, as proposed
in both the House bill and the Senate-reported amendment,
involving Government property controlled by MARAD, the
accounting for certain funds received by MARAD, and a
prohibition on obligations from the MARAD construction fund.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The conference agreement provides $490,000 for the
Commission for the Preservation of America's Heritage Abroad,
as proposed in the Senate-reported amendment, instead of
$390,000 as proposed in the House bill.
Commission on Civil Rights
SALARIES AND EXPENSES
The conference agreement includes $8,900,000 for the
salaries and expenses of the Commission on Civil Rights as
proposed in the Senate-reported amendment, instead of
$8,866,000 as proposed in the House bill.
The conference agreement includes language allowing the
Chairperson to be reimbursed for 125 billable days, as proposed
in the House bill, and as carried in previous years. The
Senate-reported amendment included language limiting all
commissioners to not more than 75 billable days.
Commission on Ocean Policy
SALARIES AND EXPENSES
The conference agreement includes $1,000,000 for the
Commission on Ocean Policy as proposed in the Senate-reported
amendment, instead of no funding as proposed in the House bill.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The conference agreement includes $1,370,000 for the
Commission on Security and Cooperation in Europe as proposed in
the Senate-reported amendment, instead of $1,182,000 as
proposed in the House bill.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The conference agreement includes $500,000 for the
Congressional-Executive Commission on the People's Republic of
China. Neither the House bill nor the Senate-reported amendment
included funding for this new Commission.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The conference agreement includes $303,864,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission, instead of $290,928,000 as proposed in the House
bill, and $294,800,000 as proposed in the Senate-reported
amendment.
Within the total amount, the conference agreement
includes $30,000,000 for payments to State and local Fair
Employment Practices Agencies (FEPAs) for specific services to
the Commission, instead of $29,000,000 as proposed in the House
bill, and $31,000,000 as proposed in the Senate-reported
amendment. The conference agreement includes, by reference,
language in the House report regarding submission of a spending
plan, reducing the backlog of private sector charges, and
utilizing the experience the FEPAs have in mediation as the
Commission implements its alternative dispute resolution
programs.
Federal Communications Commission
SALARIES AND EXPENSES
The conference agreement includes a total of $230,000,000
for the salaries and expenses of the Federal Communications
Commission (FCC), instead of $207,909,000 as provided in the
House bill, and $237,188,000 as proposed in the Senate-reported
amendment. Of the amounts provided, $200,146,000 is to be
derived from offsetting fee collections, as provided in both
the House bill and the Senate-reported amendment, resulting in
a net direct appropriation of $29,854,000, instead of
$7,763,000 included in the House bill, and $37,042,000 included
in the Senate-reported amendment. Receipts in excess of
$200,146,000 shall remain available until expended but shall
not be available for obligation until October 1, 2001.
The conference agreement directs the Commission to
submit, no later than December 15, 2000, a financial plan
proposing a distribution of all the funds in this account,
subject to the reprogramming requirements under section 605 of
this Act.
From within the funds provided, the FCC is urged to
support public safety, emergency preparedness and
telecommunications functions of the 2002 Olympic Winter Games.
The Senate report included language on public
broadcasting stations' access to spectrum. The House included
no similar language. The FCC is examining this issue, which is
also pending in the Court of Appeals. The conference agreement
reflects the belief that this issue can be resolved through the
administrative or judicial process, so no legislative action is
required at this time. The Chairman of the FCC should report to
the House and Senate Committees on Appropriations on any action
the Commission takes on this issue by April 1, 2001.
The FCC shall take all actions necessary to complete the
processing of applications for licenses or other authorizations
for facilities that would provide services covered by the
Satellite Home Viewers Improvement Act (Public Law 106-113, 113
Stat. 1501), specifically to deliver multi-channel video
services including all local broadcast television station
signals and broadband services in unserved and underserved
local television markets by November 29, 2000, as required by
Public Law 106-113, 113 Stat. 1501.
The Senate report language with respect to a broadcast
industry code of conduct for the content of programming is
incorporated by reference.
Federal Maritime Commission
SALARIES AND EXPENSES
The conference agreement includes $15,500,000 for the
salaries and expenses of the Federal Maritime Commission,
instead of $14,097,000 as proposed in the House bill and
$16,222,000 as proposed in the Senate-reported amendment.
Federal Trade Commission
SALARIES AND EXPENSES
The conference agreement includes a total operating level
of $147,154,000 for the Federal Trade Commission, instead of
$134,807,000 as proposed in the House bill and $159,500,000 as
proposed in the Senate-reported amendment. The conference
agreement assumes that, of the amount provided, $145,254,000
will be derived from fees collected in fiscal year 2001 and
$1,900,000 will be derived from estimated unobligated fee
collections available from fiscal year 2000. These actions
result in a final appropriation of $0. Any use of remaining
unobligated fee collections from prior years are subject to the
reprogramming requirements outlined in section 605 of this Act.
The conference agreement adopts by reference the Senate
report language on slotting allowances, identity theft and
Internet fraud.
Appropriations for both the Antitrust Division of the
Department of Justice and the Federal Trade Commission are
financed with Hart-Scott-Rodino Act pre-merger filing fees.
Section 630 of this Act modifies the Hart-Scott-Rodino Act to
establish a three-tiered fee structure that increases the
filing threshold for a merger transaction from $15,000,000 to
$50,000,000. Both the House bill and the Senate-reported
amendment included in the Federal Trade Commission's
appropriation language similar language to create a three
tiered fee structure and raise the filing threshold to
$35,000,000. It is anticipated that the increase in the filing
threshold will reduce the number of mergers requiring review by
approximately 50 percent. This should allow the Commission to
focus more resources on the review of complex mergers and non-
merger activities such as consumer protection.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The conference agreement includes $330,000,000 for the
payment to the Legal Services Corporation, instead of
$300,000,000 as proposed in the Senate-reported amendment, and
$275,000,000 as proposed in the House bill. The conference
agreement provides $310,000,000 for grants to basic field
programs and independent audits, $10,800,000 for management and
administration, $2,200,000 for the Office of Inspector General,
and $7,000,000 for client self-help and information technology.
The conference agreement also includes $31,625,000 for civil
legal assistance under the Violence Against Woman Act programs
funded under Title I of this Act. In addition, according to
LSC-released statistics, grantees received over $605,000,000 of
funding during 1999.
Within the amounts provided for management and
administration, the Corporation is expected to hire at least
seven investigators for the Compliance and Enforcement Division
to investigate field grantees' compliance with the regulations
grantees agreed to abide by when accepting Federal funding.
The conference agreement adopts by reference the House
report language on class action suits and the Senate report
language on travel.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
The conference agreement includes language to continue
the terms and conditions included under this section in the
fiscal year 2000 Act, as proposed in both the House bill and
the Senate-reported amendment.
Marine Mammal Commission
SALARIES AND EXPENSES
The conference agreement includes $1,700,000 for the
salaries and expenses of the Marine Mammal Commission, as
proposed in both the House bill and the Senate-reported
amendment.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes $422,800,000 for the
Securities and Exchange Commission (SEC), instead of
$392,624,000 as proposed in the House bill and $489,652,000 as
proposed in the Senate-reported amendment. The conference
agreement includes bill language appropriating separate amounts
from offsetting fee collections from fiscal years 1999 and
2001, as proposed in both the House bill and the Senate-
reported amendment. The conference agreement appropriates
$295,000,000 from fees collected in fiscal year 1999, and
$127,800,000 from fees to be collected in fiscal year 2001.
The conference agreement provides for the Commission's
adjustments to base and requested program increases for
additional staff, information systems, and a special pay rate.
Within the increased funding provided for information systems,
the Commission shall identify $2,000,000 for additional
information systems support to help investigate and prosecute
Internet fraud cases, as described in the Senate report. The
conference agreement does not include language in Title VI of
this Act, nor additional funding above the request under this
heading, as proposed in the Senate-reported amendment, for the
exemption of the SEC from Federal pay regulations.
Any offsetting fee collections in fiscal year 2001 in
excess of $127,800,000 will remain available for the Securities
and Exchange Commission in future years through the regular
appropriations process.
The conference agreement includes, by reference, language
in the Senate report on the Office of Economic Analysis, the
implementation of a new fee collection system, recommendations
for increased civil penalties, and the need to educate
investors regarding Internet securities fraud.
Small Business Administration
SALARIES AND EXPENSES
The conference agreement provides an appropriation of
$331,635,000 for the Small Business Administration (SBA)
Salaries and Expenses account, instead of $304,094,000 as
proposed in the House bill and $143,475,000 as proposed in the
Senate-reported amendment. The conference agreement does not
split funding for non-credit business assistance programs into
a separate account, as proposed in the budget request and the
Senate-reported amendment, but rather includes funding for such
programs under this account.
In addition, the conference agreement includes
$37,000,000 for programs related to the New Markets Venture
Capital Program subject to the authorization of that program,
including $7,000,000 for BusinessLINC and $30,000,000 for
technical assistance.
The conference agreement includes language, as proposed
in the Senate-reported amendment, allowing SBA to use five
percent, or not to exceed $3,000,000, of increased collections
of delinquent non-tax debt to reimburse for qualified expenses
of such collections. The House bill did not contain language on
this matter.
In addition to amounts made available under this heading,
the conference agreement includes $129,000,000 for
administrative expenses under the Business Loans Program
account. This amount is transferred to and merged with amounts
available under Salaries and Expenses. The conference agreement
also includes an additional $108,354,000 for administrative
expenses under the Disaster Loans Program account, which may
under certain conditions be transferred to and merged with
amounts available under Salaries and Expenses. These conditions
are described under the Disaster Loans Program account.
The conference agreement provides a total of $166,541,000
for SBA's regular operating expenses under this account. This
amount includes $2,000,000 for expenses of the HUBZone program,
and $8,000,000 for systems modernization initiatives to
continue the improvement of SBA's management and oversight of
its loan portfolio. This amount also includes $2,000,000 to
assist the SBA in transforming its workforce to meet changes in
the way its programs are carried out. The SBA shall submit a
plan, prior to the expenditure of resources provided for
systems modernization and workforce transformation, in
accordance with section 605 of this Act.
The conference agreement includes the following amounts
for non-credit programs:
Small Business Development Centers...................... $88,000,000
7(j) Technical Assistance............................... 3,600,000
Microloan Technical Assistance.......................... 20,000,000
SCORE................................................... 3,750,000
Business Information Centers............................ 500,000
Women's Business Centers................................ 12,000,000
Survey of Women-Owned Businesses........................ 694,000
National Women's Business Council....................... 750,000
One Stop Capital Shops.................................. 3,100,000
US Export Assistance Centers............................ 3,100,000
Advocacy Research....................................... 1,100,000
National Veterans Business Development Corp............. 4,000,000
SBIR Rural Outreach Program............................. 5,000,000
ProNet.................................................. 500,000
Drug-free Workplace Grants.............................. 3,500,000
PRIME................................................... 15,000,000
New Markets Technical Assistance........................ 30,000,000
BusinessLINC............................................ 7,000,000
Regulatory Fairness Boards.............................. 500,000
--------------------------------------------------------
____________________________________________________
Total........................................... 202,094,000
Small Business Development Centers (SBDCs).--Of the
amounts provided for SBDCs, the conference agreement includes
$2,000,000 to continue the SBDC Defense transition program, and
$1,000,000 to continue the Environmental Compliance Project, as
directed in the House report. In addition, the conference
agreement includes language, similar to that proposed in the
Senate-reported amendment under ``Non-Credit Business
Assistance Programs'' making funds for the SBDC program
available for two years.
National Veterans Business Development Corporation.--The
conference agreement includes language, as proposed in the
House bill, designating $4,000,000 for the National Veterans
Business Development Corporation. The Senate-reported amendment
did not include a provision on this matter, but Senate report
language designated $4,000,000 for the same purpose.
Microloan Technical Assistance.--The conference agreement
includes $20,000,000 for the Microloan Technical Assistance
program. Should savings occur during fiscal year 2001 in this
account, the SBA may propose to allocate an additional amount
for the Microloan Technical Assistance program through the
regular reprogramming process. The SBA was unable to obligate
approximately $3,500,000 allocated to this program in fiscal
year 2000, which was transferred to the Business Loans Program
account.
The conference agreement adopts language included in the
House report directing the SBA to fully fund LowDoc Processing
Centers, and to continue activities assisting small businesses
to adapt to a paperless procurement environment.
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
The conference agreement adopts the approach in the House
bill of not including funding under a separate heading for the
non-credit business assistance programs of the SBA. Instead,
funding for these programs is included under ``Salaries and
Expenses'', as in previous years. The Senate-reported amendment
included $153,690,000 for such programs under this separate
account.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $11,953,000 for the SBA
Office of Inspector General, instead of $10,905,000 as proposed
in the House bill and $13,000,000 as proposed in the Senate-
reported amendment.
An additional $500,000 has been provided under the
administrative expenses of the Disaster Loans Program account
to be made available to the Office of Inspector General for
work associated with oversight of the Disaster Loans Program.
The conference agreement does not include direction provided in
the Senate report.
BUSINESS LOANS PROGRAM ACCOUNT
The conference agreement includes $294,410,000 under the
SBA Business Loans Program Account, instead of $269,300,000 as
proposed in the House bill, and $296,200,000 as proposed in the
Senate-reported amendment. The conference agreement includes
language, as proposed in the House bill, making $45,000,000 of
the amount included for guaranteed loans available for two
fiscal years. The Senate-reported amendment did not contain a
similar provision. Within the amount provided, $22,000,000
shall be available only for the New Markets Venture Capital
Program, subject to the enactment of authorizing legislation in
fiscal year 2001.
The conference agreement includes $2,250,000 for the
costs of direct loans, instead of $2,500,000 as proposed in the
House bill and $2,600,000 as proposed in the Senate-reported
amendment. The conferees understand that $300,000 in carryover
is available for the Microloan Direct Loan Program, and,
together with the appropriated amount, will support an
estimated fiscal year 2001 program level of over $28,400,000.
Not including the funding provided for the New Markets
Venture Capital Program, the conference agreement includes
$141,160,000 for the costs of guaranteed loans, including the
following programs:
7(a) General Business Loans.--The conference agreement
provides $114,960,000 in subsidy appropriations for the 7(a)
general business guaranteed loan program, instead of
$114,500,000 as proposed in the House bill and $134,000,000 as
proposed in the Senate-reported amendment. When combined with
an estimated $14,000,000 in available carryover balances and
recoveries, this amount will subsidize an estimated fiscal year
2001 program level of up to $10,400,000,000, assuming a subsidy
rate of 1.24%. In addition, the conference agreement includes a
provision, as proposed in both the House bill and the Senate-
reported amendment, requiring the SBA to notify the Committees
in accordance with section 605 of this Act prior to providing a
total program level greater than $10,000,000,000.
Small Business Investment Companies (SBIC).--The
conference agreement provides $26,200,000 for the SBIC
participating securities program as proposed in the Senate-
reported amendment, instead of $23,300,000 as proposed in the
House bill. This amount will result in an estimated total
program level of $2,000,000,000 in fiscal year 2001. No
appropriation is required for the SBIC debentures program, as
the program will operate with a zero subsidy rate in fiscal
year 2001.
The conference agreement includes required language, as
proposed in the House bill, limiting the 504 CDC and the SBIC
debentures program levels, instead of similar language in the
Senate-reported amendment.
In addition, the conference agreement includes
$129,000,000 for administrative expenses to carry out the
direct and guaranteed loan programs as proposed in the House
bill, instead of $130,800,000 as proposed in the Senate-
reported amendment, and makes such funds available to be
transferred to and merged with appropriations for Salaries and
Expenses.
DISASTER LOANS PROGRAM ACCOUNT
The conference agreement includes a total of $184,494,000
for this account, of which $76,140,000 is for the subsidy costs
for disaster loans and $108,354,000 is for administrative
expenses associated with the disaster loans program. The House
bill proposed $140,400,000 for loans and $136,000,000 for
administrative expenses. The Senate-reported amendment provided
$142,100,000 for loans and $139,000,000 for administrative
expenses.
For disaster loans, the conference agreement assumes that
the $76,140,000 subsidy appropriation, when combined with
$71,000,000 in carryover balances and $10,000,000 in
recoveries, will provide a total disaster loan program level of
$900,000,000.
The conference agreement includes language, as proposed
in the House bill, designating amounts for direct and indirect
administrative expenses, and allowing appropriations for
indirect administrative costs to be transferred to and merged
with appropriations for Salaries and Expenses under certain
conditions. The conference agreement includes $98,000,000 for
direct administrative expenses instead of $125,646,000 as
proposed in the House bill, and $9,854,000 for indirect
administrative expenses as proposed in the House bill. The
amount provided for direct administrative expenses, when
combined with an estimated $26,000,000 in carryover balances,
will provide the requested level for this activity. The
conference agreement includes a provision that any amount in
excess of $9,854,000 to be transferred to Salaries and Expenses
from the Disaster Loans Program account for indirect
administrative expenses shall be treated as a reprogramming of
funds under section 605 of this Act, as proposed in the House
bill. In addition, any such reprogramming shall be accompanied
by a report from the Administrator on the anticipated effect of
the proposed transfer on the ability of the SBA to cover the
full annual requirements for direct administrative costs of
disaster loan-making and -servicing.
Of the amounts provided for administrative expenses under
this heading, $500,000 is to be transferred to and merged with
the Office of Inspector General account for oversight and audit
activities related to the Disaster Loans program.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
The conference agreement includes a provision providing
SBA with the authority to transfer funds between appropriations
accounts as proposed in the House bill, instead of a similar
provision in the Senate-reported amendment.
State Justice Institute
SALARIES AND EXPENSES
The conference agreement provides $6,850,000 for the
State Justice Institute as proposed in the Senate-reported
amendment, instead of $4,500,000 as proposed in the House bill.
The conference agreement does not include the transfer of an
additional $8,000,000 to this account from the Courts of
Appeals, District Courts, and Other Judicial Services account
in Title III as proposed in the Senate-reported amendment.
TITLE VI--GENERAL PROVISIONS
The conference agreement includes the following general
provisions:
Sec. 601.--The conference agreement includes section 601,
identical in both the House bill and the Senate-reported
amendment, regarding the use of appropriations for publicity or
propaganda purposes.
Sec. 602.--The conference agreement includes section 602,
identical in both the House bill and the Senate-reported
amendment, regarding the availability of appropriations for
obligation beyond the current fiscal year.
Sec. 603.--The conference agreement includes section 603,
identical in both the House bill and the Senate-reported
amendment, regarding the use of funds for consulting services.
Sec. 604.--The conference agreement includes section 604,
as proposed in the House bill, providing that should any
provision of the Act be held to be invalid, the remainder of
the Act would not be affected. The Senate-reported amendment
did not include this provision, which has been carried in
previous years.
Sec. 605.--The conference agreement includes section 605,
as included in the Senate-reported amendment, establishing the
policy by which funding available to the agencies funded under
this Act may be reprogrammed for other purposes, instead of the
version in the House bill which contained minor differences.
Sec. 606.--The conference agreement includes section 606,
identical in both the House bill and the Senate-reported
amendment, regarding the construction, repair or modification
of National Oceanic and Atmospheric Administration vessels in
overseas shipyards.
Sec. 607.--The conference agreement includes section 607,
as proposed in the House bill, regarding the purchase of
American-made products. The Senate-reported amendment did not
include this provision, which has been carried in previous
years.
Sec. 608.--The conference agreement includes section 608,
identical in both the House bill and the Senate-reported
amendment, which prohibits funds in the bill from being used to
implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission similar to proposed
guidelines covering harassment based on religion published by
the EEOC in October, 1993.
Sec. 609.--The conference agreement includes section 609,
as proposed in the House bill, prohibiting the use of funds for
any United Nations peacekeeping mission that involves U.S.
Armed Forces under the command or operational control of a
foreign national, unless the President certifies that the
involvement is in the national security interest. The Senate-
reported amendment did not contain a provision on this matter.
Sec. 610.--The conference agreement includes section 610,
identical to the House bill and section 609 in the Senate-
reported amendment, that prohibits use of funds to expand the
U.S. diplomatic presence in Vietnam beyond the level in effect
on July 11, 1995, unless the President makes a certification
that several conditions have been met regarding Vietnam's
cooperation with the United States on POW/MIA issues.
Sec. 611.--The conference agreement includes section 611,
as proposed in the House bill, which prohibits the use of funds
to provide certain amenities for Federal prisoners. The Senate-
reported amendment included a similar provision as section 612,
but proposed to make the prohibition permanent.
Sec. 612.--The conference agreement includes section 612,
as proposed in the House bill, restricting the use of funds
provided under the National Oceanic and Atmospheric
Administration for fleet modernization activities. The Senate-
reported amendment did not contain a provision on this matter.
Sec. 613.--The conference agreement includes section 613,
identical in both the House bill and the Senate-reported
amendment, which requires agencies and departments funded in
this Act to absorb any necessary costs related to downsizing or
consolidations within the amounts provided to the agency or
department.
Sec. 614.--The conference agreement includes section 614,
as proposed in the Senate-reported amendment, which permanently
prohibits funds made available to the Federal Bureau of Prisons
from being used to make available any commercially published
information or material that is sexually explicit or features
nudity to a prisoner. The House bill included a similar
provision as section 614, but did not propose to make the
prohibition permanent.
Sec. 615.--The conference agreement includes section 615,
as proposed in the House bill, which limits funding under the
Local Law Enforcement Block Grant to 90 percent to an entity
that does not provide public safety officers injured in the
line of duty, and as a result separated or retired from their
jobs, with health insurance benefits equal to the insurance
they received while on duty. The Senate-reported amendment did
not include a similar provision.
Sec. 616.--The conference agreement includes section 616,
as proposed in the House bill, which prohibits funds provided
in this Act from being used to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or
removal of foreign restrictions on the marketing of tobacco
products, provided such restrictions are applied equally to all
tobacco or tobacco products of the same type. This provision is
not intended to impact routine international trade services
provided to all U.S. citizens, including the processing of
applications to establish foreign trade zones. The Senate-
reported amendment did not contain a provision on this matter.
Sec. 617.--The conference agreement includes section 617,
modified from language proposed as section 615 in the Senate-
reported amendment, which extends the prohibition in last
year's bill on use of funds to issue a visa to any alien
involved in extrajudicial and political killings in Haiti. The
provision also adds eight individuals to the list of victims,
and extends the exemption and reporting requirements from last
year's provision. The House bill did not contain a provision on
this matter.
Sec. 618.--The conference agreement includes section 618,
identical, but proposed as section 617 in the House bill and
section 616 in the Senate-reported amendment, which prohibits a
user fee from being charged for background checks conducted
pursuant to the Brady Handgun Control Act of 1993, and
prohibits implementation of a background check system which
does not require or result in destruction of certain
information.
Sec. 619.--The conference agreement includes section 619,
modified from language proposed as section 618 in the House
bill and section 619 in the Senate-reported amendment, which
delays obligation of any receipts deposited or available in the
Crime Victims Fund in excess of $537,500,000 until the
following fiscal year. The conferees have taken this action to
protect against wide fluctuations in receipts into the Fund,
and to ensure that a stable level of funding will remain
available for these programs in future years.
Sec. 620.--The conference agreement includes section 620,
proposed as section 619 in the House bill, which prohibits the
use of Department of Justice funds for programs which
discriminate against, denigrate, or otherwise undermine the
religious beliefs of students participating in such programs.
The Senate-reported amendment did not contain a provision on
this matter.
Sec. 621.--The conference agreement includes section 621,
identical in both the House bill and the Senate-reported
amendment, but proposed as section 620 in the House bill, which
prohibits the use of funds to process visas for citizens of
countries that the Attorney General has determined deny or
delay accepting the return of deported citizens.
Sec. 622.--The conference agreement includes section 622,
proposed as section 621 in the House bill, which prohibits the
use of Department of Justice funds to transport a maximum or
high security prisoner to any facility other than to a facility
certified by the Bureau of Prisons as appropriately secure to
house such a prisoner. The Senate-reported amendment did not
contain a similar provision.
Sec. 623.--The conference agreement includes section 623,
modified from language proposed as section 622 in the House
bill, regarding the Kyoto Protocol on Climate Change. The
Senate-reported amendment did not include a provision on this
matter. The conference agreement does not adopt the report
language contained in the House report.
Sec. 624.--The conference agreement includes section 624,
modified from language proposed as section 623 in the House
bill, which prohibits funds from being used for the
participation of United States delegates to the Standing
Consultative Commission unless the President submits a
certification that the U.S. Government is not implementing a
1997 memorandum of understanding regarding the 1972 Anti-
Ballistic Missile Treaty between the U.S. and the U.S.S.R., or
the Senate ratifies the memorandum of understanding. The
Senate-reported amendment did not include a provision on this
matter.
Sec. 625.--The conference agreement includes section 625,
proposed as section 624 in the House bill, which prohibits the
use of funds for the State Department to approve the purchase
of property in Arlington, Virginia, by the Xinhua News Agency.
The Senate-reported amendment did not include a provision on
this matter.
Sec. 626.--The conference agreement includes section 626,
proposed in the Senate-reported amendment as section 623,
amending existing law related to certain medical costs to apply
to suspects in the custody of the Federal Bureau of
Investigation. The House bill did not include a provision on
this matter.
Sec. 627.--The conference agreement includes section 627,
proposed in the Senate-reported amendment as section 624,
amending a fiscal year 1999 supplemental appropriations
provision to permanently extend the time period in which
certain takings of Cook Inlet Beluga Whales would be considered
violations of the Marine Mammal Protection Act. The House bill
did not include a provision on this matter.
Sec. 628.--The conference agreement includes section 628,
modified from language proposed in the Senate-reported
amendment as section 625, amending Public Law 106-113 to extend
the authorization for Pacific Salmon Treaty and Recovery
efforts. The House bill did not include a provision on these
matters.
Sec. 629.--The conference agreement includes a new
section 629, to clarify the Interstate Horseracing Act
regarding certain pari-mutuel wagers.
Sec. 630.--The conference agreement includes a new
section 630, which modifies existing law to include a three-
tiered Hart-Scott-Rodino fee structure that increases the
filing threshold for a merger transaction from $15,000,000 to
$50,000,000. Similar language was included under the ``Federal
Trade Commission, Salaries and Expenses'' heading in Title V of
both the House bill and the Senate-reported amendment.
Sec. 631.--The conference agreement includes a new
section 631, authorizing the stabilization and renovation of a
certain lock and dam.
Sec. 632.--The conference agreement includes a new
section 632, requiring the Federal Communications Commission to
take certain actions regarding Low-Power FM regulations.
Sec. 633.--The conference agreement includes a new
section 633, providing additional amounts for the Small
Business Administration, Salaries and Expenses account for a
number of small business initiatives.
Sec. 634.--The conference agreement includes a new
section 634, prohibiting the use of funds in this, or any
previous Act, or hereinafter made available to the Department
of Commerce, to allow fishing vessels to use aircraft to assist
in the fishing of Atlantic bluefin tuna.
Sec. 635.--The conference agreement includes section 635,
amending 42 U.S.C. 1301 to prohibit certain misuses of social
security numbers. The House bill did not include a provision on
this matter.
Sec. 636.--The conference agreement includes a new
section 636, related to designation of the Cuyahoga Valley
National Park pursuant to 42 U.S.C. sections 7470-7479.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
DRUG DIVERSION CONTROL FEE ACCOUNT
(RESCISSION)
The conference agreement includes a rescission of
$8,000,000 from the amounts otherwise available for obligation
in fiscal year 2001 for the ``Drug Diversion Control Fee
Account'', as proposed in the Senate-reported amendment. The
House bill did not include a rescission from this account.
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(RESCISSION)
The conference agreement includes a rescission of
$7,644,000 from unobligated balances under this heading, as
proposed in the House bill. The Senate-reported amendment did
not include a rescission from this account.
The conference agreement does not include a title
providing contingent emergency funds for a ``Southwest Border
Initiative'' for certain Department of Justice and Federal
Judiciary accounts, as proposed in the Senate-reported
amendment.
These needs are instead addressed in the regular accounts
for such programs in Title I and Title III of this Act.
TITLE VIII--DEBT REDUCTION
DEPARTMENT OF TREASURY
Bureau of the Public Debt
Gifts to the United States for Reduction of the Public Debt
The conference agreement includes a new title depositing
an additional amount in fiscal year 2001 into the account
established under 31 U.S.C. section 3113(d), to reduce the
public debt.
TITLE IX--WILDLIFE, OCEAN AND COASTAL CONSERVATION
Secs. 901-902.--The conference agreement includes
$50,000,000 for formula grants to the States for wildlife
conservation and restoration programs. Funding is provided
through the U.S. Fish and Wildlife Service in the Department of
Interior. This amount is in addition to funds provided for new,
competitively awarded and cost-shared wildlife programs in the
FY 2001 Interior Appropriations Act. This action recognizes
wildlife conservation as a critical component of a nationwide
strategy and supports state efforts in wildlife conservation
and restoration. The conference agreement includes
authorization language for this program.
Funding has been provided for the development, revision,
and implementation of wildlife conservation and restoration
programs and plans to address the unmet needs for a diverse
array of wildlife and associated habitats. Funds provided to
states or Indian Tribes may be used for planning and
implementation of wildlife conservation programs and
conservation strategies, including wildlife conservation,
wildlife conservation education, and wildlife-associated
recreation projects, for new programs and projects as well as
to enhance existing programs and projects.
Each state's apportionment is determined by formula which
considers the total area of the state (1/3 of the formula) and
the population (2/3 of the formula). No state will receive an
amount that is less than one percent of the amount available or
more than five percent for any fiscal year. Puerto Rico and the
District of Columbia each receive a sum equal to not more than
one-half of one percent and Guam, the Virgin Islands, American
Samoa, and the Northern Mariana Islands each receive a sum
equal to not more than one-fourth of one percent. The
conference agreement requires States and other jurisdiction to
have or agree to develop a wildlife conservation strategy and
plan as a condition for receiving a federal grant under this
program.
Sec. 903.--The conference agreement includes language
authorizing a coastal impact assistance program for fiscal year
2001.
TITLE X
The conference agreement includes a new title X to
authorize loan guarantees in order to facilitate access to
local television broadcast signals in unserved and underserved
areas, and for other purposes.
TITLE XI
The conference agreement includes a new title XI, the
Legal Immigration Family Equity Act.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2000... $39,600,967
Budget estimates of new (obligational) authority, fiscal
year 2001........................................... 50,932,968
House bill, fiscal year 2001............................ 37,394,617
Senate bill, fiscal year 2001........................... 36,689,955
Conference agreement, fiscal year 2001.................. 39,868,390
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2000.............................................. +267,423
Budget estimates of new (obligational) authority,
fiscal year 2001.................................. -11,064,578
House bill, fiscal year 2001........................ +2,473,773
Senate bill, fiscal year 2001....................... +3,178,435
Ernest J. Istook, Jr.,
Randy ``Duke'' Cunningham,
Todd Tiahrt,
Robert B. Aderholt,
Jo Ann Emerson,
John E. Sununu,
C.W. Bill Young,
Managers on the Part of the House.
Kay Bailey Hutchison,
Jon Kyl,
Ted Stevens,
Richard J. Durbin (DC only),
Daniel K. Inouye (DC only),
Managers on the Part of the Senate.