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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                                                 Union Calendar No. 383
106th CONGRESS
  2d Session
                               H.R. 4690

                          [Report No. 106-680]

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2000

    Mr. Rogers, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2001, and for 
other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $84,177,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $8,136,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 2000: Provided further, That not to exceed 41 
permanent positions and 48 full-time equivalent workyears and 
$4,811,000 shall be expended for the Offices of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices may utilize non-reimbursable details of career employees within 
the caps described in the aforementioned proviso: Provided further, 
That the Attorney General is authorized to transfer, under such terms 
and conditions as the Attorney General shall specify, forfeited real or 
personal property of limited or marginal value, as such value is 
determined by guidelines established by the Attorney General, to a 
State or local government agency, or its designated contractor or 
transferee, for use to support drug abuse treatment, drug and crime 
prevention and education, housing, job skills, and other community-
based public health and safety programs: Provided further, That any 
transfer under the preceding proviso shall not create or confer any 
private right of action in any person against the United States, and 
shall be treated as a reprogramming under section 605 of this Act.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System including automated capability to transmit 
fingerprint and image data, $1,800,000, to remain available until 
expended.

                       narrowband communications

    For the costs of conversion to narrowband communications as 
mandated by section 104 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 903(d)(1)), 
including the cost for operation and maintenance of Land Mobile Radio 
legacy systems, $177,445,000, to remain available until expended.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$10,000,000, to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility 
which has been damaged or destroyed as a result of any domestic or 
international terrorist incident; and (2) the costs of providing 
support to counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with these 
activities: Provided, That any Federal agency may be reimbursed for the 
costs of detaining in foreign countries individuals accused of acts of 
terrorism that violate the laws of the United States: Provided further, 
That funds provided under this paragraph shall be available only after 
the Attorney General notifies the Committees on Appropriations of the 
House of Representatives and the Senate in accordance with section 605 
of this Act.

               telecommunications carrier compliance fund

    For payments authorized by section 109 of the Communications 
Assistance for Law Enforcement Act (47 U.S.C. 1008), $282,500,000, to 
remain available until expended.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $159,570,000.

                           detention trustee

    For necessary expenses to establish a Federal Detention Trustee who 
shall exercise all power and functions authorized by law relating to 
the detention of Federal prisoners in non-Federal institutions or 
otherwise in the custody of the United States Marshals Service; and the 
detention of aliens in the custody of the Immigration and 
Naturalization Service, $1,000,000: Provided, That the Trustee shall be 
responsible for construction of detention facilities or for housing 
related to such detention; the management of funds appropriated to the 
Department for the exercise of any detention functions; and the 
direction of the United States Marshals Service and Immigration and 
Naturalization Service with respect to the exercise of detention policy 
setting and operations for the Department.

                      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, $41,825,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to the 
general purchase price limitation for the current fiscal year.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $8,855,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $523,228,000; of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the funds available in this appropriation, not to 
exceed $18,877,000 shall remain available until expended for office 
automation systems for the legal divisions covered by this 
appropriation, and for the United States Attorneys, the Antitrust 
Division, the Executive Office for Immigration Review, the Community 
Relations Service, and offices funded through ``Salaries and 
Expenses'', General Administration: Provided further, That of the total 
amount appropriated, not to exceed $1,000 shall be available to the 
United States National Central Bureau, INTERPOL, for official reception 
and representation expenses.
     In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $77,171,000: Provided, That, notwithstanding section 3302(b) of 
title 31, United States Code, not to exceed $77,171,000 of offsetting 
collections derived from fees collected in fiscal year 2001 for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for 
necessary expenses in this appropriation, and shall remain available 
until expended: 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 not more 
than $0.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,247,416,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2002, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, 
That, in addition to reimbursable full-time equivalent workyears 
available to the Offices of the United States Attorneys, not to exceed 
9,381 positions and 9,529 full-time equivalent workyears shall be 
supported from the funds appropriated in this Act for the United States 
Attorneys.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized by 28 U.S.C. 589a(a), $126,242,000, to remain available 
until expended and to be derived from the United States Trustee System 
Fund: Provided, That, notwithstanding any other provision of law, 
deposits to the Fund shall be available in such amounts as may be 
necessary to pay refunds due depositors: Provided further, That, 
notwithstanding any other provision of law, $126,242,000 of offsetting 
collections collected pursuant to 28 U.S.C. 589a(b) shall be retained 
and used for necessary expenses in this appropriation and remain 
available until expended: Provided further, That the sum herein 
appropriated from the 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 Fund estimated at $0.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,000,000.

         salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles, and the purchase of passenger motor vehicles for police-type 
use, without regard to the general purchase price limitation for the 
current fiscal year, $560,438,000, as authorized by 28 U.S.C. 561(i); 
of which not to exceed $6,000 shall be available for official reception 
and representation expenses; and of which not to exceed $4,000,000 for 
development, implementation, maintenance and support, and training for 
an automated prisoner information system shall remain available until 
expended: Provided, That, in addition to reimbursable full-time 
equivalent workyears available to the United States Marshals Service, 
not to exceed 4,168 positions and 3,892 full-time equivalent workyears 
shall be supported from the funds appropriated in this Act for the 
United States Marshals Service.

                              construction

    For planning, constructing, renovating, equipping, and maintaining 
United States Marshals Service prisoner-holding space in United States 
courthouses and Federal buildings, including the renovation and 
expansion of prisoner movement areas, elevators, and sallyports, 
$6,000,000, to remain available until expended.

 justice prisoner and alien transportation system fund, united states 
                            marshals service

    Beginning in fiscal year 2000 and thereafter, payment shall be made 
from the Justice Prisoner and Alien Transportation System Fund for 
necessary expenses related to the scheduling and transportation of 
United States prisoners and illegal and criminal aliens in the custody 
of the United States Marshals Service, as authorized in 18 U.S.C. 4013, 
including, without limitation, salaries and expenses, operations, and 
the acquisition, lease, and maintenance of aircraft and support 
facilities: Provided, That the Fund shall be reimbursed or credited 
with advance payments from amounts available to the Department of 
Justice, other Federal agencies, and other sources at rates that will 
recover the expenses of Fund operations, including, without limitation, 
accrual of annual leave and depreciation of plant and equipment of the 
Fund: Provided further, That proceeds from the disposal of Fund 
aircraft shall be credited to the Fund: Provided further, That amounts 
in the Fund shall be available without fiscal year limitation, and may 
be used for operating equipment lease agreements that do not exceed 10 
years.

                       federal prisoner detention

    For expenses, related to United States prisoners in the custody of 
the United States Marshals Service as authorized in 18 U.S.C. 4013, but 
not including expenses otherwise provided for in appropriations 
available to the Attorney General, $597,402,000, as authorized by 28 
U.S.C. 561(i), to remain available until expended: Provided, That the 
United States Marshals Service may enter into multi-year contracts with 
private entities for the confinement of Federal prisoners: Provided 
further, That hereafter amounts appropriated for Federal Prisoner 
Detention shall be available to reimburse the Federal Bureau of Prisons 
for salaries and expenses of transporting, guarding and providing 
medical care outside of Federal penal and correctional institutions to 
prisoners awaiting trial or sentencing.

                     fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, 
for expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, and for per diems in lieu of 
subsistence, as authorized by law, including advances, $95,000,000, to 
remain available until expended; of which not to exceed $6,000,000 may 
be made available for planning, construction, renovations, maintenance, 
remodeling, and repair of buildings, and the purchase of equipment 
incident thereto, for protected witness safesites; of which not to 

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