H.R.5548 - 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.106th Congress (1999-2000)
Summary: H.R.5548 — 106th Congress (1999-2000)
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 - Makes appropriations for FY 2001 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies.
Introduced in House (10/25/2000)
Title I: Department of Justice - Department of Justice Appropriations Act, 2001 - Makes appropriations for the Department of Justice for: (1) general administration; (2) a Joint Automated Booking System; (3) conversion to narrowband communications; (4) counterterrorism activities; (5) payments of costs of telecommunications carriers in complying with capability requirements; (6) administration of pardon and clemency petitions and immigration-related activities; (7) establishment of a Federal Detention Trustee to exercise functions relating to the detention of Federal prisoners in non-Federal institutions or those in the custody of the U.S. Marshals Service and detention of aliens in the custody of the Immigration and Naturalization Service (INS); (8) the Office of Inspector General; (9) the U.S. Parole Commission; (10) legal activities; (11) antitrust activities; (12) the Offices of U.S. Attorneys; (13) the U.S. Trustee Program; (14) the Foreign Claims Settlement Commission; (15) the U.S. Marshals Service, including amounts for Federal prisoner detention; (16) fees and expenses of witnesses; (17) the Community Relations Service; (18) certain uses of the Assets Forfeiture Fund; (19) administrative expenses related to the Radiation Exposure Compensation Act; (20) the Radiation Exposure Compensation Trust Fund; (21) interagency law enforcement with respect to organized crime drug trafficking; (22) the Federal Bureau of Investigation (FBI); (23) construction for specified agencies; (24) the Drug Enforcement Administration (DEA); (25) the INS; (26) the Federal prison system, including an amount for buildings and facilities; (27) Office of Justice programs; (28) State and local law enforcement assistance; (29) the Executive Office for Weed and Seed; (30) community oriented policing services; (31) juvenile justice programs; and (32) public safety officers' benefits.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 109) Makes a provision of the Emergency Supplemental Appropriations Act, 1999 relating to grants for assistance to the victims of Pan Am Flight 103 applicable for FY 2001.
(Sec. 111) Makes a certain provision of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 that prohibits the use of funds by any Act to pay premium pay to any Department of Justice attorney applicable hereafter.
(Sec. 112) Amends the Immigration and Nationality Act to establish the Genealogy Fee for providing genealogy research and information services. Provides for deposit of the fee as offsetting collections in the Examinations Fee Account. Requires INS employees to collect fees before disseminating any requested genealogical information.
Authorizes the Attorney General to establish and collect a premium fee for employment-based petitions and applications. Requires the fee to be used to provide certain premium-processing services to business customers and to make infrastructure improvements in the adjudications and customer-service processes. Provides for deposit of the fee as offsetting collections in the Immigration Examinations Fee Account.
(Sec. 114) Amends Federal law to make amounts in the Crime Victims Fund available to the FBI for improving services for the benefit of crime victims in the Federal criminal justice system.
(Sec. 115) Authorizes the use of funds appropriated to the Federal Prison System for the placement of certain prisoners sentenced under the District of Columbia Code in privately operated prisons.
(Sec. 118) Bars the availability of funds for grant programs under this title to any local jail that runs "pay-to-stay" programs.
Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2001 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) minority business development; (7) economic and statistical analysis programs; (8) the Census Bureau; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities planning and construction grants; (11) information infrastructure grants; (12) the Patent and Trademark Office; (13) the Under Secretary for Technology-Office of Technology Policy; (14) the National Institute of Standards and Technology, including amounts for the Manufacturing Extension Partnership and the Advanced Technology Program and for construction of new research facilities; (15) the National Oceanic and Atmospheric Administration, including amounts for procurement, acquisition, and construction of capital assets and for coastal and ocean activities; (16) restoration of Pacific salmon populations; (17) the Coastal Zone Management Fund; (18) the Fishermen's Contingency Fund; (19) the Foreign Fishing Observer Fund; (20) the fisheries finance program account; (21) departmental management; and (22) the Office of Inspector General.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 210) Requires the Secretary of Commerce to establish and administer through the National Ocean Service the Dr. Nancy Foster Scholarship Program to award graduate education scholarships in marine biology, oceanography, or maritime archaeology.
Title III: The Judiciary - Judiciary Appropriations Act, 2001 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) defender services; (6) fees of jurors and commissioners; (7) court security; (8) the Administrative Office of the U.S. Courts; (9) the Federal Judicial Center; (10) judicial retirement funds; and (11) the U.S. Sentencing Commission.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 304) Authorizes the Director of the Administrative Office of the U.S. Courts to designate judicial branch officers and employees to be disbursing officers and to certify payment requests from appropriations and funds. Sets forth provisions regarding liability of such officers and employees.
(Sec. 305) Requires the President to appoint, with the advice and consent of the Senate, additional district judges for Arizona, Florida, Kentucky, Nevada, New Mexico, South Carolina, Texas, Virginia, and Wisconsin.
(Sec. 306) Authorizes the U.S. Court of Appeals for the Federal Circuit to appoint a circuit executive.
(Sec. 307) Includes judicial branch agencies under the scope of Federal civil service provisions that authorize employment of personal assistants for handicapped employees.
(Sec. 308) Deems service performed before the effective date of this section by a member of the Supreme Court Police who is a member on such date to be service performed as a law enforcement officer for purposes of Federal civil service retirement provisions. Deems service performed before such effective date by a member of the Supreme Court Police who is not a member on such date to be employee service for purposes of such provisions.
Sets forth provisions regarding mandatory separation of members eligible for immediate retirement and entitlement to annuities.
(Sec. 309) Authorizes justices and judges of the United States during FY 2001 to receive salary adjustments only if annual pay adjustments under Federal civil service provisions take effect in FY 2001. Appropriates an amount for such adjustments, provided they take effect.
Title IV: Department of State and Related Agency - Department of State and Related Agency Appropriations Act, 2001 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) the Capital Investment Fund; (3) the Office of Inspector General; (4) educational and cultural exchange programs; (5) representation allowances; (6) protection of foreign missions and officials; (7) embassy security, construction, and maintenance; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; (13) the Asia Foundation; (14) the Eisenhower Exchange Fellowships, Incorporated; (15) the Israeli Arab Scholarship Program; (16) the Center for Cultural and Technical Interchange Between East and West (East-West Center); and (17) the National Endowment for Democracy.
Makes appropriations for the Broadcasting Board of Governors for international broadcasting operations, broadcasting to Cuba, and capital improvements.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 403) Bars the use of funds made available in this Act by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation.
(Sec. 404) Amends the State Department Basic Authorities Act of 1956 to require the Deputy Secretary of State for Management and Resources to be appointed by the President. Makes such Deputy Secretary a Level II Executive Schedule position.
(Sec. 405) Prohibits funds made available in this Act for the United Nations (UN) from being used by the UN for the enforcement of any treaty, resolution, or regulation authorizing the UN to tax any aspect of the Internet.
(Sec. 406) Prohibits the use of funds appropriated by any Act to allow for the entry into, or withdrawal from warehouse for consumption in the United States of diamonds if the country of origin in which such diamonds were mined (as evidenced by a legible certificate of origin) is Sierra Leone, Liberia, Cote d'Ivoire (Ivory Coast), Burkina Faso, the Democratic Republic of the Congo, or Angola, with the exception of diamonds certified by lawful governments of Sierra Leone, the Democratic Republic of the Congo, or Angola.
(Sec. 407) Amends the State Department Basic Authorities Act to authorize special agents of the Department of State and the Foreign Service to protect and perform protective functions related to maintaining the security and safety of: (1) a departing Secretary of State for a limited time period after termination of the individual's incumbency as Secretary on the basis of a threat assessment; and (2) an individual who has been designated as Secretary prior to such individual's appointment.
Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Ocean Policy; (5) Commission on Security and Cooperation in Europe; (6) Congressional-Executive Commission on the People's Republic of China; (7) Equal Employment Opportunity Commission (EEOC); (8) Federal Communications Commission (FCC); (9) Federal Maritime Commission; (10) Federal Trade Commission (FTC); (11) Legal Services Corporation; (12) Marine Mammal Commission; (13) Securities and Exchange Commission; (14) Small Business Administration (SBA), including amounts for the Office of Inspector General and business and disaster loans; and (15) State Justice Institute.
Sets forth authorized uses of, and limitations on, such funds.
Title VI: General Provisions - Sets forth limitations on the use of funds under this Act.
(Sec. 607) Sets forth Buy American provisions.
(Sec. 608) Prohibits the use of funds made available by this Act to: (1) enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993; (2) pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts until the President makes a specified certification; or (3) provide specified personal comforts in the Federal prison system.
(Sec. 609) Prohibits the use of funds made available by this Act for any United Nations undertaking if: (1) such undertaking is a peacekeeping mission and will involve U.S. armed forces under the control of a foreign national; and (2) the President's military advisors have not submitted a recommendation that such involvement is in the national security interest and the President has not submitted such recommendation to Congress.
(Sec. 616) Makes funds provided by this Act unavailable 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 such products, except for restrictions which are not applied equally to products of the same type.
(Sec. 617) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings.
(Sec. 618) Bars funds appropriated under any law from being used for: (1) the implementation of any tax or fee in connection with any criminal background check system that implements requirements under the Federal criminal code in connection with certain restrictions on the transfer of firearms; and (2) any such system that does not result in the destruction of information submitted by persons determined not to be prohibited from owning a firearm.
(Sec. 621) Bars the use of funds appropriated in this Act for purposes of granting immigrant or nonimmigrant visas to residents of countries that the Attorney General has determined deny or unreasonably delay accepting the return of certain deportable aliens.
(Sec. 622) Prohibits the use of funds made available to the Department of Justice in this Act for transporting any maximum or high security prisoner to any prison other than one certified by the Federal Bureau of Prisons as appropriately secure.
(Sec. 623) Prohibits the use of funds appropriated by this Act to propose or issue rules or orders for implementing the Kyoto Protocol.
(Sec. 624) Bars the use of funds made available by this Act for participation by U.S. delegates to the Standing Consultative Commission unless the President certifies to the Appropriations Committees that the U.S. Government is not implementing the Memorandum of Understanding Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems of May 26, 1972, entered into on September 26, 1997, by the United States, Russia, Kazakhstan, Belarus, and Ukraine or until the Senate provides its advice and consent to the Memorandum.
(Sec. 625) Prohibits the availability of funds appropriated in this Act for the Department of State to approve the purchase of property in Arlington, Virginia, by the Xinhua News Agency.
(Sec. 627) Amends the 1999 Emergency Supplemental Appropriations Act to consider a taking of a Cook Inlet beluga whale under the Marine Mammal Protection Act to be a violation of such Act unless such taking occurs pursuant to a cooperative agreement between the National Marine Fisheries Service and affected Alaska Native organizations. (Currently, such act is considered a violation if it takes place between the enactment date of such Act and October 1, 2000.)
(Sec. 628) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 to revise and extend the authorization of appropriations for activities related to the Pacific Salmon Treaty Agreement. Authorizes appropriations to provide economic adjustment assistance to fishermen pursuant to such agreement.
(Sec. 629) Amends the Interstate Horseracing Act to include within the definition of "interstate off-track wager" pari-mutuel wagers placed or transmitted by an individual in one State via telephone or other electronic media and accepted by an off-track betting system in the same or another State as well as the combination of pari-mutuel wagering pools.
(Sec. 630) Amends provisions of the Clayton Act to revise conditions under which a person is prohibited from acquiring voting securities or assets of another person prior to filing premerger notification and the expiration of a waiting period. Provides for graduated filing fees of up to $280,000, based on the amount of voting securities and assets held by the acquiring person as a result of the acquisition. (Currently, such fees are set at $45,000.)
Directs the Assistant Attorney General and the FTC each to designate for hearing certain petitions a senior official without direct responsibility for the merger review process concerning the proposed acquisition at issue. Requires such officials to hear any petition filed with the FTC, by the acquiring person or by the person whose voting securities or assets are to be acquired, to determine: (1) whether a request for additional information or documentary material is unreasonably cumulative, unduly burdensome or duplicative; or (2) whether the request for such information or material has been substantially complied with by the petitioning person. Provides for an expedited merger review process of petitions filed with the FTC.
Increases the number of days by which the waiting period may be extended from 20 to 30 days.
(Sec. 631) Authorizes the Secretary of the Army to take necessary measures to stabilize and renovate Lock and Dam 10 at Boonesborough, Kentucky, for extending the design life of the structure by an additional 50 years.
(Sec. 632) Directs the FCC to modify its rules authorizing the operation of low-power FM radio stations to: (1) prescribe minimum distance separations for third-adjacent channels (as well as co-channels and first- and second-adjacent channels); and (2) prohibit any applicant from obtaining a low-power FM license if such applicant has engaged in the unlicensed operation of any radio station in violation of FCC radio licensing requirements.
Prohibits the FCC, without specific authorization by Congress, from: (1) eliminating or reducing such minimum distance separations for third-adjacent channels; or (2) extending the eligibility for low-power FM stations beyond those organizations and entities proposed in MM Docket No.
Invalidates any previously issued low-power FM station license that does not comply with such rule modifications.
Directs the FCC to conduct an experimental program to test whether low- power FM stations will result in harmful interference to existing FM radio stations if such stations are not subject to the minimum distance separation requirements. Requires the FCC to: (1) publish test results and allow an opportunity for public comment; and (2) report test results and FCC recommendations on reducing or eliminating minimum distance standards to specified congressional committees.
(Sec. 633) Makes an additional amount available for SBA salaries and expenses.
(Sec. 634) Prohibits the use of funds provided in this or any previous Act or made available to the Department of Commerce for the issuance or renewal, for any fishing vessel, of any general or harpoon category fishing permit for Atlantic bluefin tuna that would allow the vessel to: (1) use an aircraft to locate, or otherwise assist in fishing for, catching, or possessing such tuna; or (2) fish for, catch, or possess such tuna located by the use of an aircraft.
Amy Boyer's Law - Amends the Social Security Act to bar the public display or sale of any individual's social security number, or any identifiable derivative of such number, without the expressed consent, electronically or in writing, of such individual. Prohibits obtaining a social security number for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for illegal purposes. Provides prerequisites for consent, including that the individual be informed of the general purposes for which the number will be utilized and the types of persons to whom the number may be available.
Provides that nothing in this section shall be construed to prohibit or limit display, sale, or use of social security numbers: (1) required under certain Federal laws; (2) by professional and commercial users who use the information in the normal course of their business so long as a number is not publicly displayed or sold; (3) for law enforcement; or (4) that may appear in a public record.
Authorizes persons aggrieved by violations of this law to bring civil actions in district courts to recover damages. Prohibits actions from being commenced more than three years after the date the violation was or should have been reasonably discovered. Subjects violators to civil money penalties as determined by the Commissioner of Social Security in addition to any other penalties that may be prescribed. Prescribes criminal penalties for such violations under the Social Security Act.
Requires the Comptroller General to study and report to Congress on the feasibility and advisability of imposing additional limitations on the use of social security numbers in public records.
(Sec. 636) Prohibits the redesignation of Cuyahoga Valley National Park as a Class I area under the Clean Air Act.
Title VII: Rescissions - Rescinds specified amounts for the DEA Drug Diversion Control Fee Account and the Maritime Administration maritime guaranteed loan program account.
Title VIII: Debt Reduction and Other Matter - Provides for deposit of an additional amount into the account established to reduce the public debt.
(Sec. 801) Requires the presiding officer of the Senate, on the first day of the 107th Congress, to apply all of the precedents of the Senate under rule XXVIII (conference committees, reports; open meetings) in effect at the conclusion of the 103rd Congress. Provides that there is now in effect a standing order of the Senate that the reading of conference reports is no longer required if the report is available in the Senate.
Title IX: Wildlife, Ocean and Coastal Conservation - Makes an amount available to support activities that supplement existing funding available to the States and territories from the sport fish restoration and wildlife restoration accounts to be used for wildlife conservation and restoration plans and programs.
(Sec. 902) Amends the Federal Aid in Wildlife Restoration Act to establish in the Federal aid to wildlife restoration fund a subaccount known as the Wildlife Conservation and Restoration Account. Authorizes and allocates appropriations.
Authorizes States to apply to the Secretary of the Interior for approval of a wildlife conservation and restoration program or for Account funds to develop a program. Prohibits the use of no more than ten percent of the amount apportioned to a State for a program for wildlife-associated recreation. Permits Account funds to be used for wildlife conservation education programs except for programs that promote opposition to the regulated taking of wildlife.
Makes a State agency ineligible to receive matching funds under this title if sources of revenue available to the agency after January 1, 2000, for wildlife conservation are diverted for any purpose other than agency administration.
Amends the North American Wetlands Conservation Act to increase the maximum amount authorized to be appropriated to the Department of the Interior to carry out North American wetlands conservation.
(Sec. 903) Amends the Outer Continental Shelf Lands Act to authorize appropriations for coastal impact assistance to producing coastal States with approved coastal impact assistance plans. Defines a "producing coastal State" as a coastal State with a coastal seaward boundary within 200 miles from the geographic center of a tract leased for drilling, developing, and producing oil and natural gas other than a tract within any Outer Continental Shelf area where a specified moratorium on new leasing was in effect as of January 1, 2000.
Sets forth the formula for allocating such funds to producing coastal States and coastal political subdivisions and describes authorized uses.
Requires the development and submission of a Coastal Impact Assistance Plan by each producing coastal State for transmittal to the Secretary of Commerce for approval prior to the disbursement of funds.
Title X: Local TV Act - Launching Our Communities' Access to Local Television Act of 2000 - Establishes the LOCAL Television Loan Guarantee Board to approve or disapprove loan guarantees under this Act. Allows loan guarantees to be approved only to the extent provided for in advance in appropriations Acts.
Requires such loans to be used to finance the means by which local television (TV) broadcast signals will be delivered to nonserved or underserved areas, with a loan priority for nonserved areas. States that the Board should give additional consideration to projects that also provide high-speed Internet access. Prohibits the Board from approving a loan for a project that is designed primarily to serve one of the 40 designated market areas or would alter or remove National Weather Service warnings from local broadcast signals.
Limits a loan guarantee to 80 percent of a loan meeting requirements under this Act, with a total loan aggregate value limit of $1.25 billion.
(Sec. 1005) Requires the Administrator of the Rural Utilities Service to administer all loan guarantees approved under this Act. Requires loan applicants to enter into stipulated performance schedules with respect to the signals to be provided through the project.
Sets forth provisions regarding credit requirements, default procedures, and recovery of payments.
Requires the Board to charge and collect a loan guarantee fee and use such fee to cover administrative costs.
(Sec. 1006) Requires an annual audit and report concerning the loan guarantee program.
(Sec. 1007) Directs the FCC to reinstate as tentative rural service selectees, and permit application amendments for: (1) Great Western Cellular Partners; (2) Monroe Telephone Services L.P.; and (3) FutureWave General Partners L.P.
(Sec. 1008) Amends the Communications Act of 1934 with respect to the definition of "satellite carrier." (Includes distributors under specified circumstances.)
(Sec. 1009) Prohibits any loan guarantee from being approved after December 31, 2006.
(Sec. 1011) Authorizes appropriations for FY 2001 through 2006.
(Sec. 1012) Requires the FCC to provide for an independent technical demonstration of any terrestrial service technology proposed by any entity that has applied to provide such service in the direct broadcast satellite frequency band to determine whether the proposed technology will cause harmful interference to any direct broadcast satellite service.
Title XI: Encouraging Immigrant Family Reunification - Legal Immigration Family Equity Act (LIFE Act) - Amends the Immigration and Nationality Act to accord nonimmigrant status to certain aliens: (1) with pending or approved but unavailable visa petitions who are the spouses or unmarried sons and daughters of permanent resident aliens; and (2) with approved but unavailable visa petitions who are the spouses of U.S. citizens or minor children of such spouses. Permits related status adjustments for qualifying aliens.
(Sec. 1104) Provides for the permanent resident status adjustment of certain alien class action participants who entered the United States prior to January 1, 1982, and maintained a qualifying period of unlawful U.S. residence. Considers certain Cuban and Haitian entrants as so qualifying. Requires demonstration of basic citizenship skills, with exceptions for elderly or disabled persons. Provides for related temporary stay of removal, employment authorization, and public assistance eligibility.