[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4690 Reported in House (RH)]

                                                 Union Calendar No. 383
106th CONGRESS
  2d Session
                               H.R. 4690

                          [Report No. 106-680]

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2000

    Mr. Rogers, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 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, $84,177,000, 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, $1,800,000, to remain available until 
expended.

                       narrowband communications

    For the costs of conversion to narrowband communications as 
mandated by section 104 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 903(d)(1)), 
including the cost for operation and maintenance of Land Mobile Radio 
legacy systems, $177,445,000, to remain available until expended.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$10,000,000, 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), $282,500,000, to 
remain available until expended.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $159,570,000.

                           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, $41,825,000; 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, $523,228,000; of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the funds available in this appropriation, not to 
exceed $18,877,000 shall remain available until expended for office 
automation systems for the legal divisions covered by this 
appropriation, and for the United States Attorneys, the Antitrust 
Division, 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, $77,171,000: Provided, That, notwithstanding section 3302(b) of 
title 31, United States Code, not to exceed $77,171,000 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, 
$1,247,416,000; 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, in addition to reimbursable full-time equivalent workyears 
available to the Offices of the United States Attorneys, not to exceed 
9,381 positions and 9,529 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), $126,242,000, 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, $126,242,000 of offsetting 
collections collected pursuant to 28 U.S.C. 589a(b) shall be retained 
and used for necessary expenses in this appropriation and remain 
available until expended: Provided further, That the sum herein 
appropriated from the Fund shall be reduced as such offsetting 
collections are received during fiscal year 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, $1,000,000.

         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, $560,438,000, as authorized by 28 U.S.C. 561(i); 
of which not to exceed $6,000 shall be available for official reception 
and representation expenses; and of which not to exceed $4,000,000 for 
development, implementation, maintenance and support, and training for 
an automated prisoner information system shall remain available until 
expended: Provided, That, in addition to reimbursable full-time 
equivalent workyears available to the United States Marshals Service, 
not to exceed 4,168 positions and 3,892 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, 
$6,000,000, 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.

                       federal prisoner detention

    For expenses, related to United States prisoners in the custody of 
the United States Marshals Service as authorized in 18 U.S.C. 4013, but 
not including expenses otherwise provided for in appropriations 
available to the Attorney General, $597,402,000, as authorized by 28 
U.S.C. 561(i), to remain available until expended: Provided, That the 
United States Marshals Service may enter into multi-year contracts with 
private entities for the confinement of Federal prisoners: Provided 
further, 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, $95,000,000, to 
remain available until expended; of which not to exceed $6,000,000 may 
be made available for planning, construction, renovations, maintenance, 
remodeling, and repair of buildings, and the purchase of equipment 
incident thereto, for protected witness safesites; 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, 
established by title X of the Civil Rights Act of 1964, $7,479,000 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, 
$3,200,000.

                      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, $328,898,000, 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, $3,229,505,000; 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 $159,223,000 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 25,384 
positions and 25,049 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; $1,287,000, to remain 
available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to 
be accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; 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, 
$1,362,309,000; 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 7,484 positions and 7,394 full-time equivalent workyears shall 
be supported from the funds appropriated in this Act for the Drug 
Enforcement Administration.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects, $5,500,000, to remain 
available until expended.

                 Immigration and Naturalization Service

                         salaries and expenses

    For expenses 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, $2,547,899,000; 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 19,766 positions and 19,183 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'', 
$573,314,000, 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 3,182 positions and 3,279 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, $110,664,000, 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, $3,475,769,000: 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, notwithstanding 
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), 
FPS may enter into contracts and other agreements with private entities 
for periods of not to exceed three years and seven additional option 
years for the confinement of Federal prisoners.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling, and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and 
constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$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

    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 (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, $155,611,000, 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 819, 821, and 822 of the 
Antiterrorism and Effective Death Penalty Act of 1996, $152,000,000, to 
remain available until expended.

               state and local law enforcement assistance

    For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to 
and merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of 
Child Abuse Act of 1990, as amended (``the 1990 Act''), $2,823,950,000, 
to remain available until expended; of which $523,000,000 shall be for 
Local Law Enforcement Block Grants, pursuant to H.R. 728 as passed by 
the House of Representatives on February 14, 1995, except that for 
purposes of this Act, 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: Provided further, 
That $50,000,000 of this amount shall be for Boys and Girls Clubs in 
public housing facilities and other areas in cooperation with State and 
local law enforcement: Provided further, That funds may also be used to 
defray the costs of indemnification insurance for law enforcement 
officers: Provided further, That $20,000,000 shall be available to 
carry out section 102(2) of H.R. 728; of which $420,000,000 shall be 
for the State Criminal Alien Assistance Program, as authorized by 
section 242(j) of the Immigration and Nationality Act, as amended; of 
which $686,500,000 shall be for Violent Offender Incarceration and 
Truth in Sentencing Incentive Grants pursuant to subtitle A of title II 
of the 1994 Act, of which $165,000,000 shall be available for payments 
to States for incarceration of criminal aliens, and of which 
$35,000,000 shall be available for the Cooperative Agreement Program; 
of which $552,000,000 shall be for grants, contracts, cooperative 
agreements, and other assistance authorized by part E of title I of the 
1968 Act, for State and Local Narcotics Control and Justice Assistance 
Improvements, notwithstanding the provisions of section 511 of said 
Act, as authorized by section 1001 of title I of said Act, as amended 
by Public Law 102-534 (106 Stat. 3524), of which $52,000,000 shall be 
available to carry out the provisions of chapter A of subpart 2 of part 
E of title I of said Act, for discretionary grants under the Edward 
Byrne Memorial State and Local Law Enforcement Assistance Programs; of 
which $9,000,000 shall be for the Court Appointed Special Advocate 
Program, as authorized by section 218 of the 1990 Act; of which 
$2,000,000 shall be for Child Abuse Training Programs for Judicial 
Personnel and Practitioners, as authorized by section 224 of the 1990 
Act; of which $207,750,000 shall be for Grants to Combat Violence 
Against Women, to States, units of local government, and Indian tribal 
governments, as authorized by section 1001(a)(18) of the 1968 Act, 
including $35,250,000 which shall be used exclusively for the purpose 
of strengthening civil legal assistance programs for victims of 
domestic violence: Provided, That, of these funds, $5,200,000 shall be 
provided to the National Institute of Justice for research and 
evaluation of violence against women, and $10,000,000 shall be 
available to the Office of Juvenile Justice and Delinquency Prevention 
for the Safe Start Program, to be administered as authorized by part C 
of the Juvenile Justice and Delinquency Act of 1974, as amended; of 
which $34,000,000 shall be for Grants to Encourage Arrest Policies to 
States, units of local government, and Indian tribal governments, as 
authorized by section 1001(a)(19) of the 1968 Act; of which $25,000,000 
shall be for Rural Domestic Violence and Child Abuse Enforcement 
Assistance Grants, as authorized by section 40295 of the 1994 Act; of 
which $5,000,000 shall be for training programs to assist probation and 
parole officers who work with released sex offenders, as authorized by 
section 40152(c) of the 1994 Act, and for local demonstration projects; 
of which $1,000,000 shall be for grants for televised testimony, as 
authorized by section 1001(a)(7) of the 1968 Act; of which $63,000,000 
shall be for grants for residential substance abuse treatment for State 
prisoners, as authorized by section 1001(a)(17) of the 1968 Act; of 
which $900,000 shall be for the Missing Alzheimer's Disease Patient 
Alert Program, as authorized by section 240001(c) of the 1994 Act; of 
which $1,300,000 shall be for Motor Vehicle Theft Prevention Programs, 
as authorized by section 220002(h) of the 1994 Act; of which 
$40,000,000 shall be for Drug Courts, as authorized by title V of the 
1994 Act; of which $1,500,000 shall be for Law Enforcement Family 
Support Programs, as authorized by section 1001(a)(21) of the 1968 Act; 
of which $2,000,000 shall be for public awareness programs addressing 
marketing scams aimed at senior citizens, as authorized by section 
250005(3) of the 1994 Act; and of which $250,000,000 shall be for 
Juvenile Accountability Incentive Block Grants, except that such funds 
shall be subject to the same terms and conditions as set forth in the 
provisions under this heading for this program in Public Law 105-119, 
but all references in such provisions to 1998 shall be deemed to refer 
instead to 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, 1977: 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.

                       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, $33,500,000, to remain available until expended, 
for inter-governmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement 
agencies engaged in the investigation and prosecution of violent crimes 
and drug offenses in ``Weed and Seed'' designated communities, and for 
either reimbursements or transfers to appropriation accounts of the 
Department of Justice and other Federal agencies which shall be 
specified by the Attorney General to execute the ``Weed and Seed'' 
program strategy: Provided, That funds designated by Congress through 
language for other Department of Justice appropriation accounts for 
``Weed and Seed'' program activities shall be managed and executed by 
the Attorney General through the Executive Office for Weed and Seed: 
Provided further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                  Community Oriented Policing Services

    For activities authorized by title I of the Violent Crime Control 
and Law Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'') 
(including administrative costs), $595,000,000, to remain available 
until expended, of which $384,500,000 is for Public Safety and 
Community Policing Grants pursuant to title I of the 1994 Act, 
including up to $180,000,000 to be used to combat violence in schools; 
and of which $210,500,000 is for innovative community policing 
programs, of which $45,675,000 shall be used for policing initiatives 
to combat methamphetamine production and trafficking and to enhance 
policing initiatives in drug ``hot spots'', $5,000,000 shall be used to 
combat violence in schools, $130,000,000 shall be used for grants, as 
authorized by section 102(e) of the Crime Identification Technology Act 
of 1998, and section 4(b) of the National Child Protection Act of 1993, 
as amended, and $29,825,000 shall be expended for program management 
and administration: Provided, That of the unobligated balances 
available in this program, $150,000,000 shall be used for innovative 
policing programs, of which $25,000,000 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, $100,000,000 shall be used for a law 
enforcement technology program, $15,000,000 shall be used for Police 
Corps education, training, and service as set forth in sections 200101-
200113 of the 1994 Act, and $10,000,000 shall be used to combat 
violence in schools.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, including salaries and expenses in connection 
therewith to be transferred to and merged with the appropriations for 
Justice Assistance, $267,597,000, to remain available until expended: 
Provided, That these funds shall be available for obligation and 
expenditure upon enactment of reauthorization legislation for the 
Juvenile Justice and Delinquency Prevention Act of 1974 (title XIII of 
H.R. 1501 or comparable legislation).
    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).

               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. 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 
termination date of this Act or until the effective date of a 
Department of Justice Appropriation Authorization Act, whichever is 
earlier.
    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. For fiscal year 2001 and thereafter, section 109 of 
Public Law 103-317 (28 U.S.C. 509 note) shall apply only to litigation 
in which the United States, or an agency or officer of the United 
States, is a defendant.
    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 for fiscal year 2001.
    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. 113. During the current fiscal year, the Attorney General may 
not certify any amount for appropriation under section 1817(k)(3)(A)(i) 
of the Social Security Act (42 U.S.C. 1395i(k)(3)(A)(i)) to the Health 
Care Fraud and Abuse Control Account for any purpose of the Department 
of Justice, unless the Attorney General has notified the Committees on 
Appropriations, at least 15 days in advance, of the amount and purpose 
involved.
    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, 
$26,433,000, 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, $46,995,000, 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, 
$321,448,000, 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 
$62,376,000 shall be for Trade Development, $19,755,000 shall be for 
Market Access and Compliance, $32,473,000 shall be for the Import 
Administration, $194,638,000 shall be for the United States and Foreign 
Commercial Service, and $12,206,000 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, $53,833,000, to remain available until expended, of 
which $1,870,000 shall be for inspections and other activities related 
to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments: Provided further, That no funds may be obligated or 
expended for processing licenses for the export of satellites of United 
States origin (including commercial satellites and satellite 
components) to the People's Republic of China, unless, at least 15 days 
in advance, the Committees on Appropriations of the House of 
Representatives and the Senate and other appropriate committees of the 
Congress are notified of such proposed action.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, and for 
trade adjustment assistance, $361,879,000, to remain available until 
expended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $26,499,000: 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, 
$49,499,000, 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, 
$140,000,000.

                     periodic censuses and programs

    For necessary expenses to conduct the decennial census, 
$392,898,000 to remain available until expended: of which $24,055,000 
is for Program Development and Management; of which $57,096,000 is for 
Data Content and Products; of which $122,000,000 is for Field Data 
Collection and Support Systems; of which $1,500,000 is for Address List 
Development; of which $115,038,000 is for Automated Data Processing and 
Telecommunications Support; of which $55,000,000 is for Testing and 
Evaluation; of which $5,512,000 is for activities related to Puerto 
Rico, the Virgin Islands and Pacific Areas; of which $9,197,000 is for 
Marketing, Communications and Partnerships activities; and of which 
$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, $137,969,000, 
to remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $10,975,000, 
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, $31,000,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $1,800,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $15,500,000, 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.

                      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 Director 
of Patents and Trademarks, $650,035,000, to remain available until 
expended: Provided, That of this amount, $650,035,000 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 
$650,035,000, the total amounts available to the Patent and Trademark 
Office shall be reduced accordingly: Provided further, That any amount 
received in excess of $650,035,000 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, $7,945,000.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $292,056,000, 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, $104,836,000, to 
remain available until expended.

                  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, 
$26,000,000, 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, $1,606,925,000, 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, of the $1,734,925,000 provided for in direct obligations under 
this heading (of which $1,606,925,000 is appropriated from the General 
Fund, $92,000,000 is provided by transfer, and $36,000,000 is derived 
from deobligations from prior years), $260,561,000 shall be for the 
National Ocean Service, $405,383,000 shall be for the National Marine 
Fisheries Service, $264,561,000 shall be for Oceanic and Atmospheric 
Research, $621,726,000 shall be for the National Weather Service, 
$106,585,000 shall be for the National Environmental Satellite, Data, 
and Information Service, $58,094,000 shall be for Program Support, 
$7,000,000 shall be for Fleet Maintenance, and $11,015,000 shall be for 
Facilities Maintenance: 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 33 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, $564,656,000, to remain available until 
expended: Provided, That unexpended balances of amounts previously made 
available in the ``Operations, Research, and Facilities'' account for 
activities funded under this heading may be transferred to and merged 
with this account, to remain available until expended for the purposes 
for which the funds were originally appropriated.

                    pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations and the implementation of the 1999 Pacific Salmon 
Treaty Agreement between the United States and Canada, $58,000,000, 
subject to express authorization.

                      coastal zone management fund

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for 
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 
315(e) of such Act.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $951,000, 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), and the 
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), and the American Fisheries Promotion Act 
(Public Law 96-561), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $189,000, to remain available until expended.

                   fisheries finance program account

    For the cost of direct loans, $238,000, as authorized by the 
Merchant Marine Act of 1936, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That none of the funds made available under this heading may be used 
for direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                         General Administration

                         salaries and expenses

    For expenses necessary for the general administration of the 
Department of Commerce provided for by law, including not to exceed 
$3,000 for official entertainment, $31,392,000.

                      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), 
$21,000,000.

               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. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, or any portion thereof, the 
Secretary of Commerce, no later than 90 days thereafter, shall submit 
to the Committees on Appropriations of the House of Representatives and 
the Senate a plan for transferring funds provided in this Act to the 
appropriate successor organizations: Provided, That the plan shall 
include a proposal for transferring or rescinding funds appropriated 
herein for agencies or programs terminated under such legislation: 
Provided further, That such plan shall be transmitted in accordance 
with section 605 of this Act.
    (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce, or 
any portion thereof, to cover the costs of actions relating to the 
abolishment, reorganization, or transfer of functions and any related 
personnel action, including voluntary separation incentives if 
authorized by such legislation: Provided, That the authority to 
transfer funds between appropriations accounts that may be necessary to 
carry out this section is provided in addition to authorities included 
under section 205 of 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. 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. 208. 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. 209. 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.
    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; $36,782,000.

                    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, $17,846,000.

               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, 
$12,299,000.

    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, $3,328,778,000 (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 $2,600,000, 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), $420,338,000, to remain 
available until expended as authorized by 18 U.S.C. 3006A(i).

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $60,821,000, 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 
providing protective guard services and the procurement, installation, 
and maintenance of security equipment 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), 
$198,265,000, 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, $9,615,000, 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.
    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 expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended, the 
Mutual Educational and Cultural Exchange Act of 1961, as amended, and 
the United States Information and Educational Exchange Act of 1948, as 
amended, including employment, without regard to civil service and 
classification laws, of persons on a temporary basis (not to exceed 
$700,000 of this appropriation), as authorized by section 801 of such 
Act; expenses authorized by section 9 of the Act of August 31, 1964, as 
amended; representation to certain international organizations in which 
the United States participates pursuant to treaties, ratified pursuant 
to the advice and consent of the Senate, or specific Acts of Congress; 
arms control, nonproliferation and disarmament activities as authorized 
by the Arms Control and Disarmament Act of September 26, 1961, as 
amended; acquisition by exchange or purchase of passenger motor 
vehicles as authorized by law; and for expenses of general 
administration, $2,689,825,000: 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, notwithstanding any other provision 
of law, not to exceed $342,667,000 of offsetting collections derived 
from fees collected under the authority of section 140(a)(1) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236) during fiscal year 2001 shall be retained and used for 
authorized expenses in this appropriation and shall remain available 
until expended: Provided further, That any fees received in excess of 
$342,667,000 in fiscal year 2001 shall remain available until expended, 
but shall not be available for obligation until October 1, 2001: 
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.
    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 accordance with section 46 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2718(a)).
    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, $79,670,000, 
to remain available until expended, as authorized in Public Law 103-
236, as amended: Provided, That section 135(e) of Public Law 103-236 
shall not apply to funds available under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $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 by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977, as amended (91 Stat. 1636), $213,771,000, to remain available 
until expended as authorized by section 105 of such Act of 1961 (22 
U.S.C. 2455): Provided, That not to exceed $800,000, to remain 
available until expended, may be credited to this appropriation from 
fees or other payments received from or in connection with English 
teaching and educational advising and counseling programs as authorized 
by section 810 of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1475e).

                       representation allowances

    For representation allowances as authorized by section 905 of the 
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $5,826,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services in accordance 
with the provisions of section 214 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,067,000, 
to remain available until September 30, 2002.

            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 by title IV 
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
U.S.C. 4851), $416,976,000, to remain available until expended as 
authorized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed $25,000 may be 
used for domestic and overseas representation as authorized by section 
905 of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085): 
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 by the Secure Embassy 
Construction and Counterterrorism Act of 1999, $648,000,000, 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 
pursuant to the requirement of 31 U.S.C. 3526(e), and as authorized by 
section 804(3) of the United States Information and Educational 
Exchange Act of 1948, as amended, $5,477,000, to remain available until 
expended as authorized by section 24(c) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed 
$1,000,000 may be transferred to and merged with the Repatriation Loans 
Program Account, subject to the same terms and conditions.

                   repatriation loans program account

    For the cost of direct loans, $591,000, as authorized by section 4 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974. In addition, for administrative expenses necessary to carry out 
the direct loan program, $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, $880,505,000: 
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 on a semi-annual basis pursuant 
to a certification by the Secretary of State on a semi-annual basis, 
that the United Nations has taken no action during the preceding 6 
months to increase funding for any United Nations program without 
identifying an offsetting decrease during that 6-month period 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 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, $498,100,000: 
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, $19,470,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $5,915,000, to remain available until expended, as authorized 
by section 24(c) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2696(c)).

              american sections, international commissions

    For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$5,710,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $15,485,000: 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, $8,216,000, to remain available until expended, as 
authorized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)).

           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.

                    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, $30,872,000 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 by the United States Information and 
Educational Exchange Act of 1948, as amended, the United States 
International Broadcasting Act of 1994, as amended, Reorganization Plan 
No. 2 of 1977, as amended, and the Foreign Affairs Reform and 
Restructuring Act of 1998, to carry out international communication 
activities, including the purchase, installation, rent, construction, 
and improvement of facilities for radio and television transmission and 
reception to Cuba, $419,777,000, of which not to exceed $16,000 may be 
used for official receptions within the United States as authorized by 
section 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed 
$35,000 may be used for representation abroad as authorized by section 
302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign 
Service Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be 
used for official reception and representation expenses of Radio Free 
Europe/Radio Liberty; and in addition, notwithstanding any other 
provision of law, not to exceed $2,000,000 in receipts from advertising 
and revenue from business ventures, not to exceed $500,000 in receipts 
from cooperating international organizations, and not to exceed 
$1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, to remain available 
until expended for carrying out authorized purposes.

                   broadcasting 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 by section 801 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1471), $18,358,000, to 
remain available until expended, as authorized by section 704(a) of 
such Act of 1948 (22 U.S.C. 1477b(a)).

       General Provisions--Department of State and Related 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. There shall be in the Department of State not more than 
71 Deputy Assistant Secretaries of State.
    Sec. 404. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 405. (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''.
    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, $84,799,000.

          maritime guaranteed loan (title xi) program account

    For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $10,621,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $1,000,000,000.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,795,000, 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, $390,000, 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, $8,866,000: 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 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, $1,182,000, 
to remain available until expended as authorized by section 3 of Public 
Law 99-7.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
as amended (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, including 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 
private citizens; and not to exceed $29,000,000 for payments to State 
and local enforcement agencies for services to the Commission pursuant 
to title VII of the Civil Rights Act of 1964, as amended, sections 6 
and 14 of the Age Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, 
$290,928,000: 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, $207,909,000, 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 $7,763,000: 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, $14,097,000: 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, $121,098,000: 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 
$121,098,000 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 section 605 of Public Law 101-162 (15 U.S.C. 18a note), as 
amended, is further amended by striking ``$45,000 which'' and 
inserting: ``(1) $45,000, if as a result of the acquisition, the 
acquiring person would hold an aggregate total amount of the voting 
securities and assets of the acquired person in excess of $35,000,000 
but not exceeding $99,999,999; (2) $100,000, if as a result of the 
acquisition, the acquiring person would hold an aggregate total amount 
of the voting securities and assets of the acquired person equal to or 
in excess of $100,000,000 but not exceeding $199,999,999; or (3) 
$200,000, if as a result of the acquisition, the acquiring person would 
hold an aggregate total amount of the voting securities and assets of 
the acquired person equal to or in excess of $200,000,000. Such fees'': 
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, 
$141,000,000, of which $134,575,000 is for basic field programs and 
required independent audits; $1,125,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; and $5,300,000 is for 
management and administration.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2000 and 2001, respectively.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, as amended, $1,700,000.

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $252,624,000 from fees collected in fiscal 
year 2001 to remain available until expended, and from fees collected 
in fiscal year 1999, $140,000,000, 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, $299,615,000: 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.

                      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.), $10,905,000.

                     business loans program account

    For the cost of direct loans, $2,500,000, to be available until 
expended; and for the cost of guaranteed loans, $137,800,000, as 
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 
available until September 30, 2002: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That during fiscal year 2001, commitments to 
guarantee loans under section 503 of the Small Business Investment Act 
of 1958, as amended, shall not exceed $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, $140,400,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
loan program, $136,000,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office 
of Inspector General; of which $125,646,000 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)), $4,500,000, 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 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 
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. Earmarks, limitations, or minimum funding requirements 
contained in any other Act shall not be applicable to funds 
appropriated under this Act.
    Sec. 612. None of the funds made available in this Act shall be 
used to provide the following amenities or personal comforts in the 
Federal prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, or 
        other martial art, or any bodybuilding or weightlifting 
        equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates or 
        heating elements; or
            (5) the use or possession of any electric or electronic 
        musical instrument.
    Sec. 613. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration (NOAA) under the 
headings ``Operations, Research, and Facilities'' and ``Procurement, 
Acquisition and Construction'' may be used to implement sections 603, 
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a 
modernization plan for its fisheries research vessels that takes fully 
into account opportunities for contracting for fisheries surveys.
    Sec. 614. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 615. None of the funds made available in this Act to the 
Federal Bureau of Prisons may be used to distribute or make available 
any commercially published information or material to a prisoner when 
it is made known to the Federal official having authority to obligate 
or expend such funds that such information or material is sexually 
explicit or features nudity.
    Sec. 616. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to 
an entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 617. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 618. 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 in the Fund established under 42 U.S.C. 10601 in fiscal year 
2000 in excess of $575,000,000 shall not be available for obligation 
until October 1, 2001.
    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.

                         TITLE VII--RESCISSION

                            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.
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
2001''.




                                                 Union Calendar No. 383

106th CONGRESS

  2d Session

                               H. R. 4690

                          [Report No. 106-680]

_______________________________________________________________________

                                 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 purpose.

_______________________________________________________________________

                             June 19, 2000

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed