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] ...
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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