H.R. 4690 (rh) 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. [Reported in House] ...

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    ``(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 (increased by $3,000,000), 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

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