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] ...


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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

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