Home > 106th Congressional Bills > H.R. 4690 (rs) 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 Senate] ...H.R. 4690 (rs) 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 Senate] ...
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
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