66–536 cc

Calendar No. 703

106TH CONGRESS REPORT

2d Session " ! SENATE 106–404

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE

JUDICIARY, AND RELATED AGENCIES APPROPRIATION

BILL, 2001

SEPTEMBER 8, 2000.—Ordered to be printed

Mr. GREGG, from the Committee on Appropriations,

submitted the following

REPORT

[To accompany H.R. 4690]

The Committee on Appropriations, to which was referred the bill

(H.R. 4690) 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,

reports the same to the Senate with amendments and recommends

that the bill as amended do pass.

Amount in new budget (obligational) authority

Total bill as reported to Senate ............................... $36,689,965,000

Amount of appropriations, 2000 .............................. 39,630,967,000

Amount of budget estimates, 2001, as amended ... 50,924,815,000

The bill as reported to the Senate:

Below the appropriations for 2000 ................... 2,941,002,000

Below the estimates for 2001 ........................... 14,234,850,000
(2)

CONTENTS

Page

Background:

Purpose of the bill ............................................................................................ 3

Hearings ............................................................................................................ 3

Summary of the bill .......................................................................................... 3

Budgetary impact of the bill ................................................................................... 9

Title I—Department of Justice ............................................................................... 10

Title II—Department of Commerce and related agencies .................................... 90

Title III—The judiciary ........................................................................................... 128

Title IV—Department of State and related agencies ............................................ 135

Title V—Related agencies:

Department of Transportation: Maritime Administration ............................ 164

Census Monitoring Board ................................................................................ 165

Commission for the Preservation of America’s Heritage Abroad ................. 165

Commission on Civil Rights ............................................................................. 166

Commission on Ocean Policy ........................................................................... 166

Commission on Security and Cooperation in Europe .................................... 166

Equal Employment Opportunity Commission ................................................ 167

Federal Communications Commission ............................................................ 167

Federal Maritime Commission ........................................................................ 168

Federal Trade Commission .............................................................................. 169

Legal Services Corporation .............................................................................. 171

Marine Mammal Commission .......................................................................... 172

Securites and Exchange Commission ............................................................. 172

Small Business Administration ....................................................................... 174

State Justice Institute ...................................................................................... 178

Title VI—General provisions .................................................................................. 179

Title VII—Rescissions ............................................................................................. 181

Title VIII—Southwest Border Initiative ................................................................ 183

Compliance with paragraph 7, rule XVI of the Standing Rules of the Senate ... 185

Compliance with paragraph 7(c), rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 185

Compliance with paragraph 12, rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 186
(3)

BACKGROUND

PURPOSE OF THE BILL

This bill makes appropriations for the functions of the Departments of Commerce, Justice, State, the Judiciary and Related

Agencies for the period October 1, 2000, through September 30,

2001. Functional areas include the pay, allowances, and support of

personnel, operation and maintenance, procurement of equipment

and systems, and research.

The bill provides funds for fighting crime, enhancing drug enforcement, responding to the threat of terrorism, addressing the

shortcomings of the immigration process, continuing the judicial

process, conducting commerce within the United States, improving

State Department operations, and fullfilling the needs of various

independent agencies.

HEARINGS

The Subcommittee on Commerce, Justice, State, the Judiciary

and Related Agencies Appropriations began hearings on the fiscal

year 2001 budget request on February 16, 2000, and concluded

them on March 21, 2000, after holding 6 separate sessions. The

subcommittee heard testimony from representatives of the Departments of Commerce, Justice, State, and various commissions.

SUMMARY OF THE BILL

The budget estimates for the departments and agencies included

in the accompanying bill are contained in the budget of the United

States for fiscal year 2001 submitted on February 7, 2000 and

budget amendments submitted March 27, March 31, May 18, and

June 6.

The total amount of new budget authority recommended by the

Committee for fiscal year 2001 is $36,689,965,000. This amount is

a decrease of $2,941,002,000 below appropriations enacted for fiscal

year 2000 for these departments and agencies. The Committee recommendation is $14,234,850,000 below the budget estimates as

amended. This significant difference is partly a result of the Committee’s decision not to approve advanced appropriations.

Highlights of the bill include:

INTERNET INITIATIVE

The Internet continues to change the face of global communications and commerce. As this technology becomes more ingrained

into every facet of life, the ability of criminals, terrorists, and hackers to launch electronic attacks against individuals, businesses, and

countries grows as vulnerabilities in computer infrastructures are

exploited. It is a global network that connects approximately 155
4

million worldwide users to a vast array of electronic commerce. It

has changed the securities industry as well as how goods and services are acquired. The Internet has also created an efficient medium by which fraud and other crimes are being committed. Perpetrators can remain anonymous, reach victims in their homes, and

commit these crimes from outside the United States so that law enforcement and regulatory agencies can be eluded. In fact, the FBI

reports that losses at U.S. companies more than doubled last year

to $266,000,000 as a result of cybercrime. Also, as many as 7 out

of 10 U.S. corporations, banks, and government agencies suffered

serious breaches of security last year.

Securities fraud is not just the sale of unregistered securities.

For example, an on-line broker dealer has had its website copied

with a different address. Investors then sent funds to the perpetrators instead of the broker. This scam continued for 10 months before they moved on to copy another website. The education of investors includes understanding that investment decision should not be

made solely on information obtained over the Internet. A number

of independent steps must be taken to ensure the accuracy of information being provided. They include contacting companies in question and reviewing financial information. The Committee recognizes that these threats are genuine and has, therefore, attempted

to provide the agencies under its purview with the tools and resources they need including the following grants and programs.

The Committee is providing an $11,400,000 increase to the Federal Trade Commission (FTC) to allow the agency to expand its

monitoring of consumer fraud. The growth of Internet fraud has required the agency to increase its domestic and international monitoring in order to protect consumers. To date, the FTC has brought

100 cases against 300 companies and individuals for Internet

fraud. These cases are expected to increase as consumers step up

the pace of on-line purchasing. The increase for the FTC will also

permit the agency to expand its Consumer Sentinel database to

make it available to international law enforcement agencies in an

effort to create data-sharing arrangements. The Committee created

this database in fiscal year 1998, and it has proven to be a useful

tool in tracking and prosecuting consumer fraud. The Internet is

not governed by borders; nor is the fraud committed on consumers.

The Committee has provided funding for the Bureau of Justice

Statistics to initiate the operation of the National Computer Crime

Statistics Program (NCCS). This program will gather information

on changes over time in the incidence and prevalence of computer

crime offenses including statistical data on the costs and consequences to victims of computer crime, data on prosecutions, convictions, and sentencing of persons convicted of computer crime.

Grants are provided to State and local law enforcement to continue specialized cyberunits to investigate and prevent child sexual

exploitation on the Internet.

Funding is provided for the National Center for Missing and Exploited Children for a study regarding the patterns of victimization

of children on the Internet, and for the Center’s CyberTipline

which collects leads from Internet Service Providers on incidences

of child pornography and exploitation.
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Additional funding is included for the Jimmy Ryce Law Enforcement Training Center to train law enforcement officers, judges, and

prosecutors on Internet crimes against children and child exploitation.

Finally, added resources are provided to the National Institute of

Standards and Technology to develop new tools to better protect

the information technology elements of the Nation’s critical infrastructures through research and development of new measurements, test methods, and guidelines that will identify and remedy

potential infrastructure vulnerabilities.

SOUTHWEST BORDER STRATEGY

If the preamble to the Constitution literally reflects the priorities

of its authors, then ‘‘establish[ing] Justice’’ and ‘‘ensur[ing] domestic tranquility’’ were second only to ‘‘form[ing] a more perfect

Union’’ in the minds of the Founding Fathers. Nowhere does the

Federal Government face a greater challenge to live up to these

Constitutional priorities than the Southwest border. Border security is solely and wholly a Federal responsibility. The tidal wave

of humanity crashing across the Southwest border poses a law enforcement challenge that demands the strongest and most closely

coordinated response possible by the Justice Department. The Committee recommendation supports a broad array of initiatives to

bring order to the border.

The INS, DEA, and the Judiciary are being asked to do increasingly more along the border, yet these agencies face critical shortfalls in funding in nearly every area. The Committee is concerned

that with these severe shortfalls the administration has instead focused its response to the drug war on providing $1,600,000,000 in

aid to Colombia. ‘‘Plan Colombia’’, as outlined by the administration, will further drain funding from the agencies fighting the drug

war here at home. Providing for unfunded capital needs along the

Southwest border should be the first priority of any serious effort

to stem the tide of drugs and illegal immigrants coming into the

United States. The Committee has attempted to address these

shortfalls by providing new funding when available and by redirecting funding from areas of low priority.

The lack of resources faced by the subcommittee in fiscal year

2001 brings home the opportunity costs of ‘‘Plan Colombia’’. The

President’s fiscal year 2001 request for the agencies under our purview is $50,924,815,000. The subcommittee recommendation is

$36,689,965,000, a $14,234,850,000 difference. Thus, it is in the

face of real austerity that the subcommittee has developed a plan

to deal with the highest priorities on the Southwest border.

First, the recommendation, building upon successes last year,

continues to expand centralized development of certain key technologies, such as the Justice Automated Booking System and

narrowband communications, to maximize information sharing,

interoperability, efficiency, and economy across components. Nowhere are the benefits of centralization more obvious than the

Southwest border where overlapping operations by every Justice

component call for mission coordination and deconfliction. Fully 20

percent of all Federal law enforcement officers are concentrated in

an area running from Presidio, TX, to the Pacific Ocean.
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Second, in select instances, existing manpower has been redirected to the border. Because shifting patterns of crime are not always reflected in the distribution of Federal law enforcement resources, the Committee has transferred staff from quieter sectors

to Southwest border States. This brings seasoned personnel to the

area of greatest need in the shortest possible time.

Third, for fiscal year 2001, the President’s budget request for the

Drug Enforcement Administration [DEA] provides only a

$4,600,000 increase for the actual enforcement operations of the

agency. Shortchanging the Nation’s preeminent drug fighting agency is not a strategy this Committee supports nor is it a proper response to the drug war. To address the DEA’s requirements the

Committee has provided the agency with increased funding for

methamphetamine enforcement, training, and cleanup, and funding

to address critical programs like DEA Regional Enforcement Teams

and the agency’s Special Operations Division. The Committee has

also directed the DEA, INS, and FBI to coordinate its operations

along the Southwest border. To facilitate this cooperation the Committee has also directed that these agencies co-locate their Southwest border offices in the States of California, Arizona, New Mexico, and Texas which will encourage operational efficiency and cost

savings.

Fourth, the Committee recommendation also continues the systematic refocusing of Federal law enforcement resources on the

Southwest border toward the build-up of critical infrastructure.

The single greatest deficiency continues to be the appalling inadequacy of Border Patrol facilities. Stations designed to house several score of agents now serve hundreds. Similarly, detention facilities in Federal courthouses and at Immigration and Naturalization

Service [INS] processing centers on the border tend to be antiquated, cramped, and unsafe. Increases for both continue the long

process of bringing these facilities up to standard while expanding

capacity to meet the mission.

Fifth, the Committee tries to address the problems of the Federal

Judiciary which has been hit hard by a staggering number of drug

offenses and illegal immigration cases. These cases have produced

a record number of Federal prosecutions and stretched an already

overburdened workforce. The Committee attempts to provide relief

to the border courts by redirecting funds from Judiciary administrative accounts to the five Federal districts on the border that now

handle 26 percent of all criminal court filings in the United States. Finally, the Committee recommends a $413,940,000 contingent

emergency package, under title VIII, to address longstanding shortfalls and backlogs on the Border.

The Committee knows this effort will not solve all the many challenges we have on the Southwest border. However, it is intended

to help move the United States back to a time when we had control

of our borders and had the ability to stop drugs and illegal aliens

from entering our communities.

METHAMPHETAMINE

The illegal drug culture in our country is continually changing,

and we must adapt the ways we combat it. A major concern today

is the surge in methamphetamine use. Organized Mexican crime
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groups are becoming increasingly successful in their distribution of

the drug by providing the resources for clandestine labs within the

United States as well as bringing methamphetamine across our

borders. In addition to having sophisticated cartels trafficking the

drug, users can make it for themselves. Methamphetamine is distinctive because it is a chemical based drug, not a naturally grown

one. This makes it easy for any addict or dealer who does not want

to go through a middle man to find the recipe and chemical process

on the Internet and make it at home.

Clandestine labs are particularly dangerous because the byproducts of methamphetamine production are hazardous and often the

process results in explosions and fires. The DEA has reported increasing numbers of clandestine lab seizures nationwide. In 1997,

3,327 labs were seized by Federal, State, and local law enforcement. By 1999, that number had escalated to 7,060. More disturbing is the fact that the National Clandestine Laboratory database showed there were 877 documented incidents of children being

present at labs and related sites. The Committee has made the reduction of methamphetamine production, trafficking, and use a priority, especially since the President’s budget included no resources

to address this serious problem.

For fiscal year 2001, the Committee recommends a total of

$77,709,000 for this particular threat. The Committee recommendation includes an increase for Drug Enforcement Administration (DEA) personnel specifically dealing with methamphetamine cases, bringing the funding level to $27,459,000. These funds

are to be used for investigations; to maintain the National Clandestine Laboratory database; to reduce availability of precursor chemicals diverted to clandestine laboratories; and to pay for the daily

operations encountered in dealing with methamphetamine activity.

In addition, the Committee recommends that the DEA Special Operations Division receive an increase of $950,000 for their efforts in

this area.

Since DEA must deal with the hazardous waste materials created by clandestine labs, $4,100,000 is available to DEA from the

Assets Forfeiture Fund, and $20,000,000 is available through the

COPS Methamphetamine/Drug ‘‘Hot Spots’’ Program to reimburse

the DEA for cleanup costs. An additional $21,700,000 is provided

to State and local law enforcement programs to combat methamphetamine production and use. Lastly, $3,500,000 is for DEA to

train State and local law enforcement on how to deal with methamphetamine cleanups.

REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

As in previous years, the Committee is inserting section 605

under title VI of the general provisions of the bill. This section restates previous law with regard to the reprogramming of appropriated funds between agency programs or activities.

The House and Senate reports accompanying the appropriations

bills of the Departments of Commerce, Justice, and State, the judiciary, and related agencies for several years contained sections concerning the reprogramming of funds between programs or activities. The Committee expects each department and agency to follow
8

closely the reprogramming procedures listed below which are similar to provisions that applied in statute during fiscal year 1997.

The Committee directs that both the House and Senate chairmen

of the Subcommittees on the Departments of Commerce, Justice,

and State, the judiciary, and related agencies will be notified by

letter at least 15 days prior to: —Reprogramming of funds, whether permanent or temporary, in

excess of $500,000 or 10 percent, whichever is more, between

programs or activities. This provision is also applicable in

cases where several activities are involved with each receiving

less than $500,000. In addition, the Committee desires to be

notified of reprogramming actions which are less than these

amounts if such actions would have the effect of committing

the agency to significant funding requirements in future years; —Increasing funds or personnel by any means for any project or

activity for which funds have been denied or restricted; —Creation of new programs, offices, agencies, or commissions, or

substantial augmentations of existing programs, offices, agencies, or commissions; —Relocations of offices or employees;

—Reorganization of offices, programs, or activities; and

—Contracts out or privatizes any functions or activities presently

performed by Federal employees.

The Committee directs each department or agency to notify the

Committee when the amount of political appointees rises above 10

percent from either of the previous 2 years or when five or more

political appointees are added in a given year. The Committee

should be notified 30 days before either of these situations occurs.

Similar notification should be provided when the same number of

personnel positions are converted from political appointments to

civil service positions.

In addition, the Committee directs departments or agencies funded in the accompanying bill that are planning to conduct a reduction in force to notify the Committees by letter 30 days in advance

of the date of the proposed personnel action. Also, the Committee

directs that any items which are subject to interpretation will be

reported.
9

BUDGETARY IMPACT OF BILL

PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC.

308(a), PUBLIC LAW 93–344, AS AMENDED

[In millions of dollars]

Budget authority Outlays

Committee

allocation Amount of bill Committeeallocation Amount of bill

Comparison of amounts in the bill with Committee allocations to its subcommittees of

amounts in the First Concurrent Resolution

for 2001: Subcommittee on Commerce, Justice, and State, the Judiciary, and Related

Agencies:

General purpose, defense discretionary ...... 520 520 499 1 497

General purpose, non-defense discretionary ........................................................... 33,450 32,930 35,287 34,522

Mandatory .................................................... 548 608 558 559

Projection of outlays associated with the recommendation:

2001 ............................................................. .................... .................... .................... 2 23,450

2002 ............................................................. .................... .................... .................... 6,190

2003 ............................................................. .................... .................... .................... 3,265

2004 ............................................................. .................... .................... .................... 1,173

2005 and future years ................................ .................... .................... .................... 425

Financial assistance to State and local governments for 2001 ................................................ NA 2,325 NA 263

1 Includes outlays from prior-year budget authority.

2 Excludes outlays from prior-year budget authority.

NA: Not applicable.
(10)

TITLE I—DEPARTMENT OF JUSTICE

The Committee has made funding for law enforcement the centerpiece of the fiscal year 2001 appropriations bill. The Committee

recommends $18,734,623,000 in new budget (obligational) authority

in the accompanying bill for the Department of Justice with a

strong emphasis on law enforcement activities for fiscal year 2001.

Consolidation of accounting systems.—The Committee directs the

Department to plan, develop, and implement a department-wide financial reporting system that would be operational by the end of

fiscal year 2001. The Department is further directed to include

budget year plus 4 years of funding data for each program line

item in the congressional justification books beginning with the fiscal year 2002 request.

Reprogrammings.—Although some progress has been made since

the Committee first questioned the inordinate number of

reprogrammings submitted by the Justice Department, the Committee continues to be inundated with requests. Worse, swift responses by the Committee simply prompt endless appeals on

reprogrammings modified or denied by either House. The Committee directs the Justice Department to submit one omnibus reprogramming not later than April 1, 2001. Separate requests made

at any time of the year, other than for matters concerning national

security, will not be considered.

Consultations.—The Committee intended consultations to be an

informal mechanism to expedite review and approval of time sensitive decisions. Unfortunately, consultations have been interpreted

by the Department as reprogrammings, putting bureaucratic imperatives before swift decision-making. The Committee believes

that the consultation process, as defined by the Committee, serves

a useful purpose for both Congress and the Department. The Committee expects the Department to abide by the Committee’s interpretation of the consultation process.

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $79,328,000

Budget estimate, 2001 ........................................................................... 91,553,000

House allowance .................................................................................... 84,177,000

Committee recommendation ................................................................. 83,713,000

This account funds the development of policy objectives and the

overall management of the Department of Justice. The Committee recommends an appropriation of $83,713,000.

The recommendation is $7,840,000 below the budget request and

provides for all needed adjustments to base.

The Committee provides no additional funding for added positions and equipment for the Office of Intelligence Policy and Re-
11

view [OIPR]. In May of 1999, the Justice Department indicated it

would set up a special task force to investigate the issues surrounding the espionage case at the Los Alamos lab in New Mexico.

No task force was ever established, but a smaller investigation has

recently concluded its inquiry into the matter. The Committee believes that a thorough review of the case was conducted and the

Committee encourages the Department to quickly implement the

report recommendations. The Committee remains concerned about

OIPR’s role in this case, and believes that any current deficiencies

that exist are not budget driven, but the result of internal Department differences. Until recognized cooperation and coordination can

be demonstrated to the Committee no requests for additional funding or reprogrammings for OIPR will be approved.

JOINT AUTOMATED BOOKING SYSTEM

Appropriations, 2000 ............................................................................. $1,800,000

Budget estimate, 2001 ........................................................................... 1,800,000

House allowance .................................................................................... 1,800,000

Committee recommendation ................................................................. 15,915,000

This account centrally funds development, acquisition, and deployment of the joint automated booking system [JABS]. Previously, JABS funding was distributed among various Justice components. The Committee recommends an appropriation of $15,915,000.

The recommendation is $14,115,000 above the OMB-approved

budget request. Considering that centralizing this program saved

over 70 percent in total development, acquisition, and life cycle

costs, the Committee is at a loss to understand why OMB reduced

Justice’s JABS request.

The Committee recommendations, by component, are displayed

in the following table:

Joint Automated Booking System

[In thousands of dollars]

Committee

recommendation

JABS Central Fund ............................................................................................... 6,600

Field Acquisition:

BoP ................................................................................................................... 1,500

DEA .................................................................................................................. 1,730

FBI ................................................................................................................... 2,125

INS ................................................................................................................... 2,180

USMS ............................................................................................................... 1,780

Subtotal ........................................................................................................ 9,315

Total, JABS .................................................................................................. 15,915

JABS will: (1) standardize booking data, procedures, and equipment throughout Justice; (2) save funds by eliminating repetitive

booking of suspects; and (3) improve public safety by identifying repeat offenders and persons with outstanding charges or warrants.

PUBLIC KEY INFRASTRUCTURE

Appropriations, 2000 ............................................................................. ...........................

Budget estimate, 2001 ........................................................................... $4,376,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. ..........................
12

This new proposal funds development of a Department-wide

encryption infrastructure. The Committee does not recommend an

appropriation at this time. The Committee cannot afford another

technology initiative, but is willing to revisit this issue after other

on-going programs are completed.

NARROWBAND COMMUNICATIONS

Appropriations, 2000 ............................................................................. $10,625,000

Budget estimate, 2001 ........................................................................... 188,000,000

House allowance .................................................................................... 95,445,000

Committee recommendation ................................................................. 205,000,000

This account centrally funds development, acquisition, deployment, and operation and maintenance of the Justice Department’s

narrowband wireless communications network. By law, all Justice

components operating Land Mobile Radio [LMR] systems in the

VHF band must convert by January 1, 2005. The Committee recommends an appropriation of $205,000,000. The recommendation is $17,000,000 above the amended budget request and identical to the original budget request. Previously,

narrowband communications compliance funding was scattered

among various Justice components.

The Committee recommendations, by effort and region, are displayed in the following table:

Narrowband Communications

[In thousands of dollars]

Committee

recommendation

Western Region (TX, NM, CO, WY, MT, ID, UT, AZ, CA, NV, OR, WA,

AK, HI):

Infrastructure ........................................................................................... 53,000

Subscriber equipment .............................................................................. 26,300

Commercial services ................................................................................. 3,000

Operations & maintenance ...................................................................... 16,500

Subtotal ................................................................................................. 98,800

Central Region (TX, LA, AR, OK, KS, MO, IL, IA, NE, SD, ND, MN, WI):

Infrastructure ........................................................................................... 30,500

Subscriber equipment .............................................................................. 10,600

Commercial services ................................................................................. 2,700

Operations & maintenance ...................................................................... 16,800

Subtotal ................................................................................................. 60,600

East Region (FL, GA, AL, MS, TN, NC, SC, VA, KY, IN, MI, OH, WV,

PA, MD, DC, DE):

Infrastructure ........................................................................................... 1,100

Commercial services ................................................................................. 800

Operations & maintenance ...................................................................... 34,500

Subtotal ..................................................................................................... 36,400

Northeast Region (NJ, NY, CT, RI, MA, VT, NH, ME):

Infrastructure ........................................................................................... 600

Operations & maintenance ...................................................................... 8,600

Subtotal ................................................................................................. 9,200

Total ....................................................................................................... 205,000
13

Central management of narrowband radio investments will: (1)

maximize resource sharing; (2) ensure system efficiency and interoperability; and (3) sharply reduce up front and out year costs Department-wide.

COUNTERTERRORISM

Preparedness is deterrence. Our adversaries may know our capabilities, and the risk will continue to diminish as our ability continues to grow. However, we are far from considering this a lowrisk issue. In 1998, deaths from terrorism escalated to a new level

with 741 deaths and 5,922 injured. The bombings at the U.S. embassy in Kenya killed 291 people and injured about 5,000 people.

Of all the terrorist attacks in the world, 40 percent of them were

against U.S. targets. The Committee continues to try and address

the overwhelming needs of the United States in defending against

unconventional terrorist warfare. Attacks with Weapons of Mass

Destruction [WMD] and computers are the most discussed. However, the Committee is aware that attacks could be in a variety of

forms. We cannot be prepared for all of them, but we can perform

risk assessments and decrease the risk to U.S. citizens at home

and abroad. With this in mind, the Committee has focused on every

aspect of the U.S. Government that has some part of countering

terrorism. This includes, the Department of State, the Department

of Defense, the Department of Justice, the Central Intelligence

Agency, the Department of the Treasury, the Department of Transportation, the Federal Aviation Administration, the Federal Emergency Management Agency, and the Department of Health and

Human Services. Today, more than 40 Federal departments, agencies, and bureaus, have some role in counterterrorism-related activities.

COUNTERTERRORISM FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriations, 2000 ............................................................................. $10,000,000

Budget estimate, 2001 ........................................................................... 10,000,000

House allowance .................................................................................... 10,000,000

Committee recommendation ................................................................. 5,000,000

The Committee recommends an appropriation of $5,000,000 for

the ‘‘Counterterrorism fund’’ account which was established in Public Law 104–19, the Emergency Supplemental Appropriations for

Additional Disaster Assistance, for Anti-Terrorism Initiatives, for

Assistance in the Recovery from the Tragedy that Occurred at

Oklahoma City, and Rescissions Act, 1995. The recommendation is

$5,000,000 below the request and the fiscal year 2000 appropriation. The Committee is aware that there will be carryover balances

available in fiscal year 2001 in excess of $36,000,000.

This fund is under the control and direction of the Deputy Attorney General for National Security and Intelligence to: (1) cover 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; (2) cover the costs

of providing support to counter, investigate, or prosecute domestic

or international terrorism, including payment of rewards in connec-
14

tion with these activities; and (3) cover the costs of conducting a

terrorism threat assessment of Federal agencies and their facilities.

The Committee continues to be concerned that the fund is considered by the Department as an account to be used for any effort remotely connected with countering terrorism. Last year, the Committee stated that ‘‘the traditional mission of the counterterrorism

fund is to fund extraordinary costs to provide support to counter,

investigate or prosecute domestic or international terrorism. It is

expected these extraordinary costs would be incurred in response

to an unexpected terrorist threat or act, and not the costs incurred

with day to day counterterrorrism operations. These operations

should be funded from the Department’s annual budget.’’ This high

standard continues to be a deliberate effort to maintain the integrity of this fund for its intended purpose. The Committee directs

the Department of Justice to continue to notify the House and Senate Appropriations Committees prior to obligation of all counterterrorism funds.

National Guard.—The Committee’s goals include providing

States with an improved ability to respond to terrorist threats or

events. This includes training and equipping the first responder

who will arrive at the scene within 1 hour of an attack. The Committee is also aware of the States’ Community Support Teams that

are expected to arrive within 6 to 8 hours after an event has occurred. The Committee urges the National Guard Bureau (NGB) to

significantly reduce this arrival time.

The Committee is aware of the important work the National

Guard is doing in preparing for terrorist attacks. The defense subcommittee has already provided funding of $10,000,000 for

counterterrorism infrastructure at the NGB. This funding is provided to help augment the National Domestic Preparedness Office.

Distance learning.—Congress has previously recognized the effectiveness of leveraging existing training capabilities and infrastructure to support emerging and evolving initiatives. The Department

of Defense Appropriations for fiscal years 1998 and 1999 directed

the Department of Defense to use the National Guard Counterdrug

Training Centers and the National Guard Distance Learning Network to provide training for civilian emergency responders and

military personnel to plan for and respond to the consequences of

weapons of mass destruction. For fiscal year 2000 the Committee

appropriated funds for the Army National Guard’s distance learning and information management requirements. The Committee

continues to believe that even greater benefits will accrue from further using these resources in conjunction with the training programs and resources of the Department of Justice. Last year, we

recommended that the Department of Justice and the National

Guard establish a collaborative training program with these funds

to make expanded use of the National Guard Distance Learning

Network and other training and education resources of the National Guard and the Department of Justice to train civilian and

military personnel. The Committee understands that establishment

of this program has never occurred. The Committee directs the Office of Justice Programs to report no later than September 30, 2000

on the progress of this collaborative effort.
15

DEPUTY ATTORNEY GENERAL FOR COMBATING DOMESTIC TERRORISM

The Committee believes this country currently lacks leadership

in the area of preparedness for acts of terrorism within the United

States. The President attempted to fill this void by designating a

National Coordinator for Security, Infrastructure Protection, and

Counterterrorism. Under Presidential Decision Directive 62, this

person was charged with coordinating interagency terrorism policy

issues and reviewing ongoing terrorism-related activities. However,

there is still considerable confusion over jurisdiction from the very

highest levels of government to responders on the ground.

Moreover, the current domestic terrorism strategy lacks a mechanism for checks and balances. Because of executive privilege, the

National Coordinator cannot be brought before Congress to testify

and is therefore not accountable to the American people. This Nation needs clear leadership to provide a systematic and synchronized strategy to address this complex problem and to achieve

sustainable Federal, State, and local cooperation on domestic terrorism issues.

In order to improve coordination and centralize the policy-making structure for domestic terrorism issues within the Department

of Justice, the Committee recommends a provision that establishes

a Deputy Attorney General for Combating Domestic Terrorism

(DAG–CT) within the Department of Justice—the lead agency for

combating domestic terrorism—and has provided an additional

$23,000,000 for this office. The DAG–CT shall have as its principle

duty the overall policy and coordination for domestic

counterterrorism and antiterrorism efforts to prevent, prepare for

and respond to terrorist attacks within the United States. This office will be directly responsible to the Attorney General for policy

development and coordination and will speak for the Department

and coordinate across all appropriate agencies on terrorism-related

matters. The Committee recognizes the importance of establishing

one office that can oversee the overall work of the Department on

terrorism, national security, and intelligence issues and that can

work on a daily basis with the FBI’s Counterterrorism Division.

The DAG–CT shall be nominated by the next President and confirmed by the Senate. This person will work with localities across

the country, all of the States and territories, and all of the Federal

agencies and departments with responsibility for combating terrorism. The DAG–CT would not be in any other chain of command

within the Department of Justice. Also, the DAG–CT would not be

considered as a successor to the Attorney General. This person is

recommended only to address terrorism within the United States

and in no way should compete with the present Deputy Attorney

General position. This effort will not be implemented until 30 days

after the new President has reported to Congress his plans to implement his objectives. This report will be provided to the appropriate committees no later than April 10, 2001. This effort may be

modified by subsequent legislation.

The National Strategy.—The Attorney General has lead responsibility for addressing domestic terrorism and the Department of

State has lead responsibility for international terrorism. The Congress, the President, and the Attorney General must be able to look
16

to a single person with a single national strategy to safeguard this

country from terrorism. The DAG–CT shall create a national strategy establishing the policies, objectives, and priorities of the Federal Government for preventing, preparing for, and responding to

terrorist attacks. The strategy shall include measurable objectives

to be achieved. The DAG–CT’s national strategy for preventing,

preparing for, and responding to terrorist attacks shall also include

a description of the role each Federal department and agency and

State and local government entity performs in combating terrorism,

as well as a description of Federal training, equipment, exercise,

and grant programs. It should also include a plan to select the

State and Local Advisory Group (SLAG). The Committee directs

that the DAG–CT’s strategy rest on four pillars: prevention, preparedness, crisis management, and consequence management.

First, our ability to prevent acts of terrorism will depend on detailed and continuous assessments of risk and the timely sharing

of information among agencies. Detailed and continuous assessments of risk are required to increase security for this Nation’s

most likely targets. The sharing of information, especially by intelligence agencies and law enforcement organizations, will be critical

to preventing acts of terrorism. The Committee acknowledges the

important role of the Department of State in preventing terrorism

through its diplomatic and non-proliferation activities. The DAG– CT will work in close cooperation with the Department of State to

ensure this Nation has a unified strategy for combating both domestic and international terrorism.

Second, our level of preparedness will depend on our commitment

to training, equipment programs, and regularly scheduled exercises

such as TOPOFF which allow us to hone our skills.

Our ability to respond to a terrorist attack will require the close

coordination of all entities with responsibility for combating terrorism. Preestablished guidelines outlining agencies’ missions and

order of operations during a range of plausible threat scenarios

must be developed and distributed. In light of this, the Committee

directs that the ‘‘Guidelines for the Mobilization, Deployment and

Employment of U.S. Government Elements in Response to a Domestic Terrorist Threat or Incident,’’ (commonly referred to as the

‘‘Domestic Guidelines’’) mandated by Presidential Decision Directive 62, be completed, approved, and distributed to the appropriate

entities.

Finally, consequence management encompasses the multitude of

tasks that must be performed in the wake of a terrorist incident,

ranging from accounting for fatalities to site decontamination.

The Committee firmly believes that a comprehensive national

strategy is benign unless its custodian has the tools to implement

it. The DAG–CT will thus be responsible for advising the President

on ways to ensure that agencies’ and departments’ programs and

policies complement the national strategy. The DAG–CT must be

kept appraised of any changes in the organization, management, or

budgets of the Federal departments and agencies as they relate to

combating domestic terrorism. The Committee therefore directs all

agencies and departments involved in combating domestic terrorism to participate in an annual review process through which

the DAG–CT will coordinate for the President through consultation
17

with the appropriate entities, agencies’ policies, programs, and

budgets for combating domestic terrorism as well as monitor their

progress in implementing the national strategy.

The DAG–CT shall provide the Committee on Appropriations a

plan for implementing the national strategy. The DAG–CT shall

develop both the strategy and plan in consultation with the department and agency heads involved in combating domestic terrorism,

the Congress, and the State and Local Advisory Group. They shall

submit the strategy and plan to the President and Congress in the

first year of each Presidential term.

It shall be the responsibility of the DAG–CT to oversee the general functioning of their office. This includes selecting, appointing,

employing and determining the compensation of personnel to carry

out the Office’s primary purpose, to monitor the implementation of

the national strategy and associated classified and unclassified

plans, including conducting program and performance audits and

evaluations.

Reorganization.—The National Domestic Preparedness Office

(NDPO), formerly under the FBI, will be transferred to the DAG– CT. The Committee reaffirms the original mission of the NDPO, to

serve as a point of contact for State and local governments. The

NDPO will also assist in the development of effective classified and

unclassified response plans before a WMD attack occurs. Current

programs have not provided crisis and consequence managers at

the Federal, State and local level with a systematic and comprehensive means to share lessons learned and best practices related to combating domestic terrorism. The NDPO will establish

and maintain a database which will capture the lessons learned

and best practices identified during terrorism-related responses, exercises and planning efforts. The DAG–CT will use this compendium to promulgate lessons and practices, and to establish performance measures for combating domestic terrorism programs,

training and exercises. The Office of State and Local Domestic Preparedness Support (OSLDPS), formerly under the purview of the

Office of Justice Programs (OJP), will also be transferred to the

DAG–CT. The OJP will continue to administer grants, however

through the OSLDPS, the DAG–CT will be responsible for programmatic development of these grant programs and will have

final approval authority of all grants related to counterterrorism

equipment, training and preparedness activities. The Committee

also believes that certain other national security policy entities

within the Department of Justice should report to the DAG–CT, including the Executive Office of National Security, the Office of Intelligence Policy and Review, and components of the Criminal Division. Finally, within the Department, all terrorism-related research, development, test, and evaluate programs will be funded

under the DAG–CT. The funds will be passed through to National

Institute of Justice (NIJ) with direction from the DAG–CT as to

how they should be spent.

Budget Approval.—Currently, there is no mechanism to centrally

manage Federal funds for combating domestic terrorism and domestic preparedness programs. There is no annual budget process

by which leaders may determine what is lacking and what is redundant in our national strategy to combat terrorism.
18

The Committee directs the DAG–CT to develop for each fiscal

year a budget to implement the national strategy. They shall do so

in consultation with the departments and agencies and program

managers with responsibility for combating domestic terrorism.

The DAG–CT shall advise all departments and agencies in preparation of those departments’ and agencies’ budgets prior to submission.

The DAG–CT shall testify at a hearing before the Director of the

Office of Management and Budget (OMB) 7 days before budget submissions are due to OMB. The purpose of the hearing will be to determine whether agencies and departments are implementing the

national strategy. The Attorney General shall then transmit a consolidated budget proposal with revised requests to the President

when budget submissions are due to the OMB. The DAG–CT may

generate reprogrammings within the Department of Justice under

section 605 within the funding available for the national strategy.

Risk and Threat Assessments.—Several studies have indicated

that Federal programs to combat terrorism are being initiated or

expanded without the benefit of a sound threat and risk assessment process. Although it is not possible to reduce risk to all potential targets of terrorism, a rigorous and continuous assessment of

risk can help ensure that training, equipment, and other safeguards are justified. They must be implemented based on a threat,

the level of uncertainty regarding that threat, the vulnerability to

attack, and the criticality of assets. They should not be based solely

on the worst-case, but rather on a range of plausible threat scenarios. These scenarios should, to the extent possible, be developed

with reference to past incidents, U.S. program experience, and current intelligence. Because the threat terrorists pose is dynamic and

countermeasures may become outdated, risk assessments must be

continually updated.

Risk management is the process of understanding risk and developing and implementing actions to reduce it. Threat analysis, the

first step in determining risk, identifies and evaluates each threat

on the basis of various factors, such as capability, intent, probability and potential consequences. Sound, detailed, and continuous

assessments will help ensure that specific programs and related expenditures are justified and targeted according to the threat and

risk of validated terrorist attack scenarios. A multidisciplinary

team of experts selected by the DAG–CT will generate these objectives and a plan for ensuring their currency. Regularly scheduled

exercises, such as TOPOFF, will serve as the means to demonstrate

and validate the national strategy. This process is crucial to ensuring that countermeasures are based on reality and are proportional

to the threat. Intelligence and law enforcement input, therefore, is

crucial to the process. The Committee commends the FBI and OJP

for their efforts to create protocols for threat assessments. Conducting such assessments by individual States is a good first step

toward knowing and assessing the threat.

The Committee acknowledges the concern of the FBI regarding

the inherent difficulties of conducting risk assessments. The FBI is

limited by its law enforcement role in the collection and use of intelligence data. Second, the dissemination of certain information

could potentially jeopardize ongoing investigations. A final dif-
19

ficulty is that the traditional focal point for combating domestic terrorism—the terrorist group—is not always well-defined or relevant

in the current environment. Acts of terrorism are increasingly perpetrated by individuals. In spite of the above challenges, the Committee believes that risk and threat assessments are feasible and

useful. The concerns of the FBI further highlight the need for a single leader to coordinate and oversee all of the elements of our national strategy.

TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

Appropriations, 2000 ............................................................................. $15,000,000

Budget estimate, 2001 ........................................................................... 105,000,000

House allowance .................................................................................... 278,021,000

Committee recommendation ................................................................. ...........................

The Committee does not recommend additional funds for the

Communications Assistance for Law Enforcement Act (CALEA) account in fiscal year 2001. The Department of Justice forwarded a

reprogramming request to the Committee in January 2000 for an

additional $100,000,000 in fiscal year 2000 for this account. The reprogramming was denied by the Committee based on the source of

the funds the Department chose to use as an offset for these funds.

A subsequent fiscal year 2000 supplemental appropriation recently

passed by Congress which, upon enactment, will make

$183,000,000 available for CALEA. This amount exceeds the requirement the Department requested for the program in fiscal

years 2000 and 2001. With enactment of the supplemental appropriation for fiscal year 2000, a total of $300,581,000 has been appropriated for CALEA.

ADMINISTRATIVE REVIEW AND APPEALS

Appropriations, 2000 ............................................................................. $148,499,000

Budget estimate, 2001 ........................................................................... 164,549,000

House allowance .................................................................................... 159,570,000

Committee recommendation ................................................................. 112,814,000

The Executive Office for Immigration Review [EOIR] includes the

Board of Immigration Appeals, immigration judges, and administrative law judges who decide through administrative hearings

whether to admit or exclude aliens seeking to enter the country,

and whether to deport or adjust the status of aliens whose status

has been challenged. Previously, this account included the Office of

the Pardon Attorney [OPA]. In the wake of the offer of clemency

to Puerto Rican terrorists, the Committee learned that the deliberations and recommendations of the OPA are shielded by Executive Privilege. Offices that answer only to the President are more

appropriately funded elsewhere. Therefore, no funds are provided

for the OPA. The Committee directs that the OPA be transferred

out of the Department of Justice at the earliest convenience of the

Attorney General, but not later than December 31, 2000. The Committee recommends an appropriation of $112,814,000.

The recommendation is $51,735,000 below the budget request. The

recommendation assumes that $49,741,000 in funds from the Immigration and Naturalization Service ‘‘immigration examinations

fee’’ account will be made available for EOIR operations. Exam fees

may be used for expenses in providing immigration adjudication.
20

Also, the recommendation adjusts the ‘‘annualization of 2000 pay

raise’’ to correct an erroneous assumption.

Videoconferencing.—Within the funds available for EOIR, the

Committee recommendation includes such sums as are necessary

for point to point installation of videoconferencing equipment in the

following cities: Phoenix and Tucson, AZ; Los Angeles and Mira

Loma, CA; Hartford, CT; Bradenton, FL; Atlanta, GA; Chicago, IL;

Detroit, MI; and Dallas, TX.

Translation and transcription.—Within funds available for EOIR,

the Committee recommendation includes such sums as are necessary for translation and transcription services at immigration

proceedings.

DETENTION TRUSTEE

Appropriations, 2000 ............................................................................. ...........................

Budget estimate, 2001 ........................................................................... $26,000,000

House allowance .................................................................................... 1,000,000

Committee recommendation ................................................................. ...........................

This new proposal funds the creation of a Detention Trustee reporting directly to the Deputy Attorney General. The Committee

does not recommend an appropriation at this time.

The proposed Trustee would have management responsibility for

detention, but funding would have remained with the various components. Without control of funds, the Trustee would find him or

herself powerless. The Committee supports a strategy to centralize

detention funding, facilities, and staff and urges the Department to

pursue such a course as part of the fiscal year 2002 request.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2000 ............................................................................. $40,275,000

Budget estimate, 2001 ........................................................................... 42,192,000

House allowance .................................................................................... 41,825,000

Committee recommendation ................................................................. 42,192,000

The Committee recommends an appropriation of $42,192,000.

The recommendation is identical to the budget request.

Old cases.—The Committee is pleased to note that the Office of

Inspector General [OIG] has sharply reduced the backlog of old, unresolved cases and urges the OIG to bring to a close as soon as possible all remaining cases opened before April 1, 1999.

Exoneration letters.—A major inequity of the OIG’s investigative

process was the lack of exoneration letters for employees who were

the victim of false, malicious, or unsubstantiated accusations of

wrongdoing. The Committee commends the OIG for their pioneering work in developing such letters and expects Justice Department components to include these letters in the personnel jacket of those unjustly accused.

INS fees.—The OIG has been slowly reducing its dependence on

INS fees. The Committee understands that the OIG will draw

down up to $1,500,000 in INS user fees in fiscal year 2001 to avoid

reductions in force. The Committee further understands that the

OIG will use attrition to bring staffing levels in line with funds appropriated in fiscal year 2001 by the end of the fiscal year.
21

U.S. PAROLE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $8,527,000

Budget estimate, 2001 ........................................................................... 9,183,000

House allowance .................................................................................... 8,855,000

Committee recommendation ................................................................. 7,380,000

This Commission is an independent body within the Department

of Justice which makes decisions regarding requests for parole and

supervision of Federal prisoners.

The Committee recommends an appropriation of $7,380,000. The

recommendation is $1,803,000 below the budget request.

The Parole Commission is scheduled to be phased out in 2002 as

a result of the creation of sentencing guidelines. The Committee

recommendation ensures timely close out of the Commission’s operations.

Division of labor.—The Committee is aware that records for District of Columbia prisoners are fragmentary at best and that cooperation from city agencies is limited. This makes it difficult to

measure the risks associated with the early release of D.C. prisoners. The Justice Department is directed to detail as many attorneys to the Commission as are necessary to litigate cases resulting

from years of city government irresponsibility. The Department is

further directed to detail whatever personnel are necessary to address the increase in warrant work expected this summer.

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

Appropriations, 2000 ............................................................................. $504,945,000

Budget estimate, 2001 ........................................................................... 553,235,000

House allowance .................................................................................... 523,228,000

Committee recommendation ................................................................. 494,310,000

This appropriation funds the establishment of litigation policy,

conduct of litigation, and various other legal responsibilities,

through the Office of the Solicitor General, the Tax Division, the

Criminal Division, the Civil Division, the Environmental and Natural Resources Division, the Civil Rights Division, the Office of

Legal Counsel, and Interpol.

The Committee recommends an appropriation of $494,310,000.

The recommendation is $58,925,000 below the amended budget request and $57,929,000 below the original budget request. The Committee recommendation does not include $10,635,000 in one-timeonly increases provided last year. The Committee was surprised by

attempts to use some of those funds to acquire new office space,

rather than address long-standing automation deficiencies. In fact,

Justice tried to reduce what funds were available for automation

to pursue other initiatives. The Committee requests a status report

on the Justice Consolidated Office Network not later than August

1, 2000.

The Committee recommendations, by division or office, are displayed in the following table:
22

General Legal Activities

[In thousands of dollars]

Office of the Solicitor General ........................................................................ 6,770

Tax Division ..................................................................................................... 67,200

Criminal Division ............................................................................................ 104,477

Civil Division ................................................................................................... 147,616

Environment and Natural Resources ............................................................. 65,209

Office of Legal Counsel ................................................................................... 4,698

Civil Rights Division ....................................................................................... 72,097

Interpol—USNCB ............................................................................................ 7,360

Legal Activities Office Automation ................................................................ 18,571

Office of Dispute Resolution ........................................................................... 312

Total ....................................................................................................... 494,310

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001. Within available resources, the Committee directs the divisions to redouble efforts on

computer crimes and domestic terrorism. No funds are provided for

the Joint Center for Strategic Environmental Enforcement.

Professional standards.—Nine thousand Justice Department attorneys, nearly 80 percent of those currently employed, are part of

a class action lawsuit seeking $500,000,000 in unpaid overtime

from the U.S. Government. With an average salary of $95,000, Department attorneys are among the highest paid Federal employees.

The Committee remains willing to rewrite Department policies concerning attorney compensation time, annual leave, and sick leave

should the plaintiffs’ lawyer reconsider the offer proposed prior to

trial.

Office of Special Investigations.—The Office of Special Investigations [OSI] is responsible for originating, investigating, and prosecuting all denaturalization and deportation cases against Nazi

war criminals. The Committee expects the OSI both to maintain

the pace of prosecutions against Nazi war criminals and to expand

efforts to uncover records on Japanese war criminals, especially

those involved in germ warfare and other experiments on human

subjects as members of the notorious Unit 731.

Civil Division.—The Committee is concerned that the ‘‘Winstar’’

and ‘‘A–12’’ cases are absorbing an inordinate share of Civil Division resources, crippling less well known efforts to defend the public fisc. The Division must maintain a balanced approach across the

full spectrum of litigation under its jurisdiction. Committee recommendations, by specialized area, are displayed in the following

table:

Civil Division

[In thousands of dollars]

Federal Appellate Activity .............................................................................. 10,342

Torts Litigation ................................................................................................ 28,639

Aviation & Admiralty ............................................................................... [9,589]

Federal Torts Claims Act ......................................................................... [6,216]

Environmental Torts ................................................................................ [5,012]

Constitutional & Specialized Torts ......................................................... [5,965]

All other torts ........................................................................................... [1,857]

Commercial Litigation ..................................................................................... 56,833

Federal Programs ............................................................................................ 18,648

Consumer Litigation ........................................................................................ 5,067

Immigration Litigation .................................................................................... 16,158
23

Civil Division—Continued

Management & Administration ...................................................................... 11,929

Total ................................................................................................... 147,616

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001.

Center for Sex Offender Management.—The Committee directs

the Center for Sex Offender Management, in coordination with the

National Center for Missing and Exploited Children, to develop a

training initiative for local law enforcement that will provide uniform policies in notifying communities about the release of sex offenders. The Justice Management Division is directed to submit a

reprogramming, if necessary, to the Committees on Appropriations

to fund this effort.

Spending decreases.—The Committee is alarmed by spending increases across object classes as high as 322 percent from fiscal

years 1995 through 2000. These rates, far in excess of inflation,

cannot be sustained. The Committee recommendation freezes

spending at last year’s level, with one exception described above.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2000 ............................................................................. $4,028,000

Budget estimate, 2001 ........................................................................... 4,028,000

House allowance .................................................................................... 4,028,000

Committee recommendation ................................................................. 4,028,000

This account covers Justice Department expenses associated with

litigating cases under the National Childhood Vaccine Injury Act of

1986. The Committee recommends a reimbursement of $4,028,000

for legal costs. The recommendation is identical to the budget request.

ANTITRUST DIVISION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $110,000,000

Budget estimate, 2001 ........................................................................... 134,000,000

House allowance .................................................................................... 113,269,000

Committee recommendation (including carryover) ............................. 120,838,000

The Antitrust Division investigates potential violations of Federal antitrust laws, represents the interests of the United States in

cases brought under these laws, acts on antitrust cases before the

Supreme Court, and reviews decisions of regulatory commissions

relating to antitrust law.

The Committee recommendation assumes a total of $120,838,000

in budget (obligational) authority. The recommendation is

$13,162,000 below the budget request.

In addition to the $95,838,000 that will be derived from anticipated offsetting fee collections in fiscal year 2001, $25,000,000 will

be made available to the Division in fiscal year 2001 as a result

of an unexpected ruling by the Congressional Budget Office regarding fiscal year 2000 language.

Workload.—The Committee is concerned that the merger frenzy

gripping increasingly massive industrial combines threatens to

overwhelm the ability of the Anti-trust division to keep pace with
24

complex merger proposals. The value of merger activity in the

United States jumped from $959,000,000,000 in fiscal year 1997 to

$1,790,000,000,000 in fiscal year 1999. At the same time, international markets appear to be increasingly dominated by cartels.

Recent successful Division prosecutions have run the gamut from

vitamin to food and feed additive to chemical cartels. The Committee recommendation includes an increase of $10,838,000 over

fiscal year 2000 to combat international cartels and ensure the

timely review of merger filings.

U.S. ATTORNEYS

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $1,161,957,000

Budget estimate, 2001 ........................................................................... 1,292,633,000

House allowance .................................................................................... 1,247,416,000

Committee recommendation ................................................................. 1,159,014,000

This account supports the Executive Office for U.S. Attorneys

[EOUSA] and the 94 U.S. attorneys offices throughout the United

States and its territories. The U.S. attorneys serve as the principal

litigators for the U.S. Government for criminal and civil matters. The Committee recommends an appropriation of $1,159,014,000. The recommendation is $133,619,000 below the amended budget

request and $131,987,000 below the original budget request. The

Committee is aware that the U.S. Attorneys will receive

$132,645,000 in reimbursements in fiscal year 2001. As in the past,

Committee recommendations focus the efforts of the U.S. Attorneys

on those crimes where the unique resources, expertise, or jurisdiction of the Federal Government can, or must, be most effective.

Professional standards.—Nine thousand Justice Department attorneys, nearly 80 percent of those currently employed, are part of

a class action lawsuit seeking $500,000,000 in unpaid overtime

from the U.S. Government. With an average salary of $95,000, Department attorneys are among the highest paid Federal employees.

The Committee remains willing to rewrite Department policies concerning attorney compensation time and annual and sick leave

should the plaintiffs’ lawyer reconsider the offer proposed prior to

trial.

Firearms prosecutions.—Multi-agency task forces designed to

keep firearms out of the hands of criminals by enforcing Federal

gun laws are credited with slashing violent crime rates in cities

where they operate. Within available funds, the EOUSA is directed

to annualize the increases for gun prosecutions provided last year.

Should the EOUSA wish to expand this initiative, the only districts

that may be considered are Utah; Georgia, southern; and Arkansas,

eastern.

An unintended consequence of Project Exile may be an explosive

increase in panel attorney costs due to the higher fees associated

with Federal versus State prosecutions. The EOUSA is directed to

review, in cooperation with the Administrative Office of the U.S.

Courts [AO], the impact of Federal gun prosecutions on panel attorney costs and report back to the Committee not later than February 15, 2001. The Committee expects the Directors of the

EOUSA and AO to take personal charge of this study. Further-
25

more, the EOUSA shall not expand the gun prosecution initiative,

with the exceptions noted above, until the cost impacts on the Federal judiciary are better understood.

Southwest Border.—The districts bordering Mexico have the largest criminal caseloads per Assistant U.S. Attorney [AUSA] in the

country. In Texas, Western, the busiest, staff have an immense average criminal caseload of 90.7 cases per AUSA. By comparison,

the slowest office in the country has an average criminal caseload

of only 13.2 per AUSA. For several years, the Committee has

sought unsuccessfully to convince the EOUSA to reallocate resources to reflect current crime rates and patterns. The EOUSA is

directed to permanently transfer not less than five AUSA slots and

two support slots from each of the 10 U.S. Attorney offices with the

lowest average criminal caseload per AUSA to Texas, Western and

California, Southern, the two most understaffed U.S. Attorneys offices on the Southwest border. The necessary staff adjustments

shall be completed not later than December 1, 2000, and the

EOUSA shall report on the actions it will take to implement this

direction not later than September 1, 2000.

Missouri River valley.—The Committee is aware that significant

disparities exist in the average criminal caseload per AUSA in the

districts bordering the Missouri River valley. The EOUSA is directed to develop a plan for rationalizing staffing levels in these

districts that shall be submitted to the Committee not later than

December 1, 2000.

Western District of Kentucky.—The Committee notes that the

U.S. Attorney’s office serving the Western District of Kentucky has

endured a significant increase in case-load. This added burden is

a result of the significant increase in methamphetamine, crack and

gun arrests in the western portion of Kentucky, as well as qui tam

complaints alleging false claims arising out of the operation of the

Paducah Gaseous Diffusion Plant, a uranium enrichment facility

operated by the Department of Energy and private contractors.

While other Federal agencies including DEA, IRS and FBI have recently placed full-time employees in western Kentucky to address

this added obligation, the U.S. Attorney’s office has not been able

to do so. Therefore, the Committee directs that $200,000 of the

funds in this account be used to place two attorneys and one fulltime support employee in western Kentucky.

Courtroom technology.—U.S. attorneys have been experimenting

with portable, off-the-shelf video and computer equipment for

courtroom proceedings. The attorneys found that the equipment

substantially improved the presentation of evidence, as well as rapidly accelerating the pace of trials. Users found that they saved the

equivalent of one trial day in every five using video and computer

equipment. Within available resources and manpower ceilings, the

Committee recommendation provides $2,612,000 for a courtroom

technology pilot program involving 10 districts, including Kansas,

Nevada, the western district of Virginia, Maryland, the eastern district of Washington, and Nebraska. The Committee urges the

EOUSA to exploit opportunities created by attrition to add technical staff and further expand the pilot program, if possible. The

Committee expects the EOUSA to report to the Committees on Ap-
26

propriations on its courtroom technology efforts not later than February 1, 2000.

Privatization.—The Committee is aware of an innovative proposal to privatize information technology services for the U.S. Attorneys. A company would be responsible for providing state-of-theart workstations, software, and network infrastructure at a fraction

of the cost of Justice-run information technology programs. This

proposal could have Department-wide implications, if the promises

of reduced operating costs are proven. The Committee also realizes

that the U.S. Attorneys are just finishing a major computer upgrade as part of the Justice Consolidated Office Network [JCON]

II program, and that the return on this investment must be protected. EOUSA, with Justice Management Division support, is directed to confer with West Virginia University [WVU] on the specifics of its proposal as it relates to implementation, costs, and

operational issues such as reliability, availability, and maintainability [RAM]. The EOUSA may spend up to $1,000,000 to initiate

a pilot project if: (1) WVU’s proposal is in compliance with JCON

II architecture standards; (2) WVU’s operating costs are at least 10

percent per year less than current and projected Justice Department costs; and (3) ownership, competition, and RAM questions can

be resolved. The Committee expects to be consulted prior to initiation of the pilot.

Copyright enforcement.—The Committee has been informed that

the U.S. Attorneys are failing to enforce Federal copyright laws

protecting certain marketed software applications. The Committee

directs the U.S. Attorneys to vigorously prosecute violations of Federal copyright law. The U.S. Attorneys shall report to the Committee not later than June 30, 2001 on the number of copyright law

prosecutions undertaken in the preceding year, including those

under Public Law 105–147, by type and location.

Legal education.—Within available resources and manpower ceil- ings, the Committee recommendation provides $15,316,000 for legal

education at the National Advocacy Center [NAC] as requested by

the Administration. If merited, the NAC may expand cybercrime,

cyberpiracy, and counterfeiting classes. In addition, also within

available resources, the Committee recommendation provides

$2,300,000 to continue the establishment of a distance learning facility at the NAC. NAC State and local training funds are provided

under the Office of Justice Programs.

Property flipping.—The Committee is aware that mortgage fraud

in the form of ‘‘property flipping’’ is a growing problem in Baltimore, MD. Property flipping describes the purchase and immediate

resale of low cost inner city housing units at a substantial mark

up. This re-sale is often indicative of falsely inflated appraisals,

sham second mortgages and deposits, phony gift letters, and loan

applications littered with false credit and financial information.

The U.S. Attorney for the Maryland district is directed to apply the

necessary resources to combat property flipping. A report on the

district’s successes shall be delivered to the Committee not later

than September 1, 2001.

Violent crime task forces.—Last year, the Conferees provided

$1,000,000 to broaden the mission of a violent crime task force to

include investigating and prosecuting perpetrators of Internet sex-
27

ual exploitation of children. The Committee recommends an additional $1,000,000 within available resources to continue and expand this effort under the auspices of Operation Streetsweeper, as

well as to initiate an investigation into the participation of motor

cycle gangs in drug running and other criminal activity.

Spending decreases.—The Committee is alarmed by spending increases across object classes as high as 99 percent from fiscal years

1995 through 2000. These rates, far in excess of inflation, cannot

be sustained. The Committee recommendation freezes spending at

last year’s level, with one exception. The exception is the elimination of base funding for office relocations. Previous requests for

moves have shown little regard for the costs or disruptions associated with relocations.

Federal Prisoner Detention.—In many instances, local law enforcement has turned cooperative agreements with the Federal

Government for jailing pre-trial and pre-sentencing Federal detainees from a reimbursement for cost agreement into a source of profit. The Committee believes that it is in the best interest of States

and localities that the accused be held, but also recognizes that the

fees charged by local jurisdictions have, in many cases, exhausted

Federal resources. Federal prosecutors are urged to explore all

other avenues to pre-trial and pre-sentencing detention for non-violent defendants, particularly in high cost areas. The EOUSA is directed to adjust the guidelines for the pre-trial and pre-sentencing

detention of non-violent defendants, to monitor detention periods

for non-violent defendants, and to report to the Committees on Appropriations not later than March 1, 2001 on detention reforms and

resultant cost savings.

The quarterly report requirement on Violent Crime Task Forces

contained in Senate Report 103–317 is repealed.

U.S. TRUSTEE SYSTEM FUND

Appropriations, 2000 ............................................................................. $112,775,000

Budget estimate, 2001 ........................................................................... 127,202,000

House allowance .................................................................................... 126,242,000

Committee recommendation ................................................................. 127,212,000

The U.S. trustee system provides administrative support to expeditiously move bankruptcy cases through the bankruptcy process

and ensures accountability of private trustees appointed to administer bankruptcy estates.

The Committee recommends a total of $127,212,000 in budget

authority. The recommendation is $10,000 above the budget request. The Committee has adjusted the ‘‘annualization of 2000 pay

raise’’ to correct an erroneous assumption.

The Committee recommendation includes $750,000 for the Bankruptcy Training Center at the National Advocacy Center. The Committee supports the Trustees’ continuing education program.

FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2000 ............................................................................. $1,175,000

Budget estimate, 2001 ........................................................................... 1,214,000

House allowance .................................................................................... 1,000,000

Committee recommendation ................................................................. 1,214,000
28

The Committee recommends an appropriation of $1,214,000. The

recommendation is identical to the budget request and fully provides for the adjudication of claims against: Germany relating to

World War II; Cuba relating to the Castro regime; and Iraq relating to the U.S.S. Stark incident and Desert Shield/Storm.

The Foreign Claims Settlement Commission settles claims of

American citizens arising from nationalization, expropriation, or

other takings of their properties and interests by foreign governments.

U.S. MARSHALS SERVICE

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $543,365,000

Budget estimate, 2001 ........................................................................... 586,469,000

House allowance .................................................................................... 560,438,000

Committee recommendation ................................................................. 550,472,000

The U.S. Marshals Service is made up of 94 offices with the responsibility for the apprehension of fugitives, protection of the Federal judiciary, protection of witnesses, execution of warrants and

court orders, and the custody and transportation of unsentenced

prisoners.

The Committee recommends an appropriation of $550,472,000.

The recommendation is $35,997,000 below the budget request.

The Committee recommendation provides most of the requested

base adjustments for this account, including $1,735,000 to improve

and maintain the Warrant Information Network and to continue

subscriptions to various government and private networks and online services and $725,000 for Electronic Surveillance Unit recurring costs. The Committee has adjusted the ‘‘annualization of 2000

pay raise’’ to correct an erroneous assumption. The recommendation also centralizes prisoner air transport funding under the ‘‘Justice Prisoner and Alien Transportation System’’ account.

Courthouse Security Personnel.—The Committee is aware that a

significant share of Marshals Service manpower is dedicated to the

service of process. The Committee is also aware that in all but the

rarest of circumstances using a trained Marshal to serve papers is

a gross misuse of an expensive law enforcement asset. Currently,

a blue ribbon panel made up of representatives from affected agencies is crafting a series of reforms to reduce the burden of service

of process on the Marshals. The manpower freed up by these reforms shall be used to augment existing judicial protection and

court security missions. Additional staff, if required, should be

drawn from personnel available for reassignment due to the

defederalization of District of Columbia Superior Court operations,

depending upon the progress of that initiative.

Courthouse security equipment.—This account funds security

equipment, furnishings, relocations, and telephone systems and cabling. The Committee recommendation provides $12,445,000 for

courthouse security equipment. This equipment will outfit newly

opening courthouses in the following locations:
29

USMS Courthouse Security Equipment

[In thousands of dollars]

Committee

Detainee Facilities New Construction recommendation

Las Vegas, NV ........................................................................................................ 1,023

Cleveland, OH ........................................................................................................ 1,012

Columbia, SC .......................................................................................................... 1,122

Greenville, TN ........................................................................................................ 353

Corpus Christi, TX ................................................................................................. 1,078

Laredo, TX .............................................................................................................. 989

Providence, RI ........................................................................................................ 920

Helena, MT ............................................................................................................. 658

Wheeling, WV ......................................................................................................... 245

Los Angeles, CA ..................................................................................................... 280

San Diego, CA ........................................................................................................ 11

Denver, CO ............................................................................................................. 773

Durango, CO ........................................................................................................... 150

Bridgeport, CT ........................................................................................................ 160

Washington, DC ..................................................................................................... 13

Miami, FL ............................................................................................................... 265

Tallahassee, FL ...................................................................................................... 17

Albany, GA ............................................................................................................. 160

Fort Wayne, IN ...................................................................................................... 8

Kansas City, KS ..................................................................................................... 10

Wichita, KS ............................................................................................................ 150

Flint, MI ................................................................................................................. 82

Grand Rapids, MI .................................................................................................. 170

Buffalo, NY ............................................................................................................. 151

Islip, NY .................................................................................................................. 750

New York, NY ........................................................................................................ 130

Harrisburg, PA ....................................................................................................... 48

Johnstown, PA ....................................................................................................... 7

Philadelphia, PA .................................................................................................... 420

Knoxville, TN ......................................................................................................... 100

Nashville, TN ......................................................................................................... 8

Sherman, TX .......................................................................................................... 2

Harrisonburg, VA ................................................................................................... 55

Richland, WA ......................................................................................................... 75

Bluefield, WV ......................................................................................................... 108

Wheeling, WV ......................................................................................................... 244

Casper, WY ............................................................................................................. 4

Lander, WY ............................................................................................................ 21

Minor repairs under $1,500 .................................................................................. 30

ADT contract shortfall (nationwide) ..................................................................... 643

Total, USMS Security Equipment ............................................................. 12,445

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001.

Command structure.—The Committee is concerned by the demoralizing effect of grade ceilings for senior managers in the field and

‘‘grade creep’’ for senior managers at headquarters. The Committee

believes that the use of ‘‘super grades’’ (GS–16 thru GS–18) for

Chief Deputies would reward performance and improve retention in

the busiest and largest districts. Conversely, the Committee sees

little justification for designating the heads of Human Resources,

Seized Assets, and General Counsel as Senior Executive Service

[SES] positions. Of those positions meriting SES status, the Committee believes that the heads of Budget and Justice Prisoner and

Alien Transportation System require specialized knowledge outside

the Marshals mainstream. Of those Assistant Directorships that

may benefit from career Marshals experience, the Judicial Security,

Prisoner Services, and Investigative Services Divisions, the Com-
30

mittee expects the Marshals Service to exercise its judgement in

determining whether promotion opportunities should be limited

only to ‘‘1811s’’. The Committee directs the Marshals to report on

its approach to grading senior management positions not later than

March 15, 2001.

Career paths.—The Marshals are using a mix of Deputy U.S.

Marshals [DUSMs], so-called ‘‘082s’’, detention enforcement officers

[DEOs], and criminal investigators [‘‘1811s’’] to accomplish its mission without compromising security, a move the Committee supports. To ensure the retention of these officers in a competitive

market, the Marshals must offer DEOs and DUSMs the possibility

of promotion. At a minimum, qualified DEO and DUSM applicants

should be encouraged to compete for DUSM and criminal investigator openings. The Marshals are directed to report to the Committee on actions taken to establish a career path for DEOs and

DUSMs not later than August 15, 2000.

Fugitive apprehensions.—At any given moment, 25,000 to 30,000

fugitives are prowling America’s streets. With nothing to lose, these

fugitives are particularly prone to violent crime. The Committee is

aware that resources dedicated to fugitive apprehension are often

diverted to courthouse security. The Committee directs the Marshals to establish not less than four task forces targeted at the

most dangerous fugitives. The task forces shall be sited to maximize coverage of the continental United States. The task forces

shall answer directly to the Director or his designee and team

members will be deployed only at his direction. Membership of not

less than a total of 12 supervisors, DUSMs, analysts, and support

staff per team shall be drawn from the ranks and shall be volunteers. The recommendation includes $7,328,000 to outfit and train

the task forces and fund travel. In addition, the Committee recommendation provides an increase of $6,284,000 over the fiscal

year 2001 request for electronic surveillance unit [ESU] personnel,

training, and equipment, including funding for surveillance vans

and light aircraft, bucket trucks, a central signal collection system,

secure communications equipment, various tracking systems, and

night vision equipment.

Terrorism.—The World Trade Center bombing trials and a number of other high threat or special assignments have been a continuing, and unfunded, drain on the resources of the Marshals. The

Committee recommendation includes an increase of $5,000,000 over

fiscal year 2000 for 24 hour protection of World Trade Center

bombing trial judges and for other extraordinary costs associated

with these trials. In addition, the recommendation includes an increase of $2,965,000 over fiscal year 2000 for permanent change of

station moves. This will reduce the number of costly temporary

duty assignments required to staff high threat and special assignments and will provide the Marshals with the flexibility to transfer

deputies between districts as workload dictates. Both amounts

should be treated as permanent increases to the base.

Cost savings.—The Committee recommendation provides a

$150,000 increase over fiscal year 2000 for implementation and

support of a variety of cost-reduction initiatives, with priority given

to locations cited in the Senate Report 106–76. Should additional

funds become available through savings achieved elsewhere, the
31

Marshals may use those funds for additional staff without consulting the Committee.

Protection.—The Committee notes that the Marshals Service provides the Director of the Office of National Drug Control Policy a

protective vehicle based on quarterly threat assessments as mandated by Public Law 105–277. The Committee notes that since the

fiscal year 1999 law, the domestic threat level of the Director has

never been high. The Committee is acutely aware of the budgetary

constraints faced by the Service and therefore directs that the protective vehicle be provided for those individuals deemed to have a

high threat level. The Committee is strongly supportive and aware

of the security needs of the Director when traveling abroad and

also recognizes that when traveling along the Southwest border,

the threat level of the Director may likely be high. Therefore, the

Marshals Service is directed to continue to meet those security

needs on an as needed basis. However, the Committee understands

that the Marshals Service faces a shortage of these critical vehicles

and deems it a better use of resources to utilize this vehicle for

those with a high threat level rather than portal to portal service

to the Director, who has a consistently low threat level in the DC

metropolitan area. Should the threat level have a verifiable change,

the Committee certainly expects that the Marshals would respond

accordingly.

District of Columbia.—The election of the new Mayor of the District of Columbia has prompted a rush to restore ‘‘home rule’’ to the

District. Last year, in support of this effort, the Committee directed

the U.S. Marshals Service, in full cooperation with the Mayor’s Office, to develop a plan for the transition of duties and responsibilities associated with the operation of D.C. Superior Court from the

Marshals Service to appropriate city agencies. Talks are on-going.

The plan shall be delivered to the Committees on Appropriations

not later than September 1, 2000 and implementation of the plan

shall begin not later than December 1, 2000.

Elite units.—The Marshal’s Special Operations Group [SOG] has

participated in everything from the Elian Gonzalez case to the

Vieques protest. A cursory review of SOG deployments shows that

this elite team often draws duties that make little use of its

strengths: surprise, shock, and speed. This seems a gross misuse

of an expensive and highly trained asset. Conversely, in certain situations where the SOG might have proven useful, the group has

been slow to respond. The Committee believes that the SOG must

deliver more return on investment, or the size of the group needs

to be reduced to contain its drain on limited resources. The Marshals are directed to get the SOG out of low threat missions and

into more situations that take advantage of their tactical expertise.

If necessary, the Marshal’s should narrow and clarify those missions that are solely, largely, or not at all a part of the SOG’s responsibilities to focus the unit’s deployments.

CONSTRUCTION

Appropriations, 2000 ............................................................................. $6,000,000

Budget estimate, 2001 ........................................................................... 6,378,000

House allowance .................................................................................... 6,000,000

Committee recommendation ................................................................. 25,100,000
32

This account funds construction, security, and furniture at existing courthouses. The Committee recommends an appropriation of

$25,100,000. The recommendation is $18,722,000 above the budget

request.

The Committee is aware that a recently-conducted national survey of Federal courthouses revealed that 95 percent of prisoner

holding and transit facilities have serious security deficiencies. Of

392 courthouses surveyed: 84 percent lack enough courtroom holding cells; 78 percent do not have secure prison elevators; 74 percent

do not have enclosed sallyports; 72 percent lack enough interview

rooms; 57 percent do not have adequate cellblock space; and 38 percent lack cameras, monitors, and alarms.

Years of neglect have created this deplorable situation, posing

risks to the judicial family, the public, and the Marshals themselves. The Committee recommendations, by project, are displayed

in the following table:

USMS Construction

[In thousands of dollars]

Committee

Detainee Facilities Renovation recommendation

Hartford, CT ........................................................................................................... 200

Bowling Green, KY ................................................................................................ 300

Ann Arbor, MI ........................................................................................................ 200

Detroit, MI .............................................................................................................. 650

Wilmington, NC ..................................................................................................... 810

Buffalo, NY ............................................................................................................. 150

Norfolk, VA ............................................................................................................. 3

Raleigh, NC ............................................................................................................ 270

Beckley, WV ........................................................................................................... 2

Fayetteville, NC ..................................................................................................... 30

Kansas City, MO .................................................................................................... 20

Lincoln, NE ............................................................................................................. 18

Jacksonville, FL ..................................................................................................... 360

Omaha, NE ............................................................................................................. 125

Miami, FL ............................................................................................................... 65

Casper, WY ............................................................................................................. 18

Tucson, AZ .............................................................................................................. 1,100

Las Vegas, NV ........................................................................................................ 150

Reno, NV ................................................................................................................. 28

Great Falls, MT ...................................................................................................... 1,000

New Albany, IN ...................................................................................................... 20

Martinsburg, WV ................................................................................................... 500

Montgomery, AL .................................................................................................... 420

Prescott, AZ ............................................................................................................ 270

El Centro, CA ......................................................................................................... 550

Bridgeport, CT ........................................................................................................ 460

Ocala, FL ................................................................................................................ 900

Panama City, FL .................................................................................................... 520

Waycross, GA ......................................................................................................... 635

Moscow, ID ............................................................................................................. 185

Bay City, MI ........................................................................................................... 845

Flint, MI ................................................................................................................. 463

Grand Rapids, MI .................................................................................................. 1,180

Marquette, MI ........................................................................................................ 440

Greenville, MS ........................................................................................................ 1,187

Greensboro, NC ...................................................................................................... 505

Statesville, NC ....................................................................................................... 900

Albany, NY ............................................................................................................. 415

New York, NY ........................................................................................................ 825

Lawton, OK ............................................................................................................ 685

Muskogee, OK ........................................................................................................ 530

Pittsburgh, PA ........................................................................................................ 550
33

Committee

Detainee Facilities Renovation recommendation

Providence, RI ........................................................................................................ 790

Florence, SC ........................................................................................................... 780

Spartanburg, SC .................................................................................................... 1,441

Columbia, TN ......................................................................................................... 170

Amarillo, TX ........................................................................................................... 835

Elkins, WV .............................................................................................................. 1,320

Cheyenne, WY ........................................................................................................ 670

Security Specialists/Construction Engineers ....................................................... 610

Total, USMS Construction ......................................................................... 25,100

The Committee considers this the first step in reducing the backlog of critical security-related projects. As with courthouse security

equipment, the Committee expects to be consulted prior to any deviation from the above plan for fiscal year 2001.

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM

Appropriations, 2000 ............................................................................. ...........................

Budget estimate, 2001 ........................................................................... ...........................

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. $97,855,000

This account funds prisoner air transportation operations and

maintenance, aircraft procurement, and facilities.

The Committee recommends an appropriation of $97,855,000.

The recommendation is $97,855,000 above the budget request.

Austerity.—The recommendation consolidates funding from the

Marshals, the Immigration and Naturalization Service, and the Bureau of Prisons under this account. In a time of declining budgets,

the Committee is concerned that components might be tempted to

reduce prisoner movements in favor of higher priorities. This could

prove very disruptive, particularly in terms of managing prison

overcrowding. By providing direct appropriations for the Justice

Prisoner and Alien Transportation System [JPATS], rather than

leaving JPATS dependent upon reimbursements from customers,

the recommendation ensures that prisoner movements are properly

funded.

Fleet safety.—The four Sabreliner-class aircraft in the JPATS

fleet have reached the end of their useful service lives. The Committee is aware that a lack of funds is forcing the Marshals to

enter into a lease agreement for two replacement aircraft that is

disadvantageous to the government. Therefore, the recommendation includes the funds necessary to purchase two Sabreliner-class

aircraft. The resultant out year savings shall be dedicated to fugitive apprehension activities.

FEDERAL PRISONER DETENTION

Appropriations, 2000 ............................................................................. $525,000,000

Budget estimate, 2001 ........................................................................... 597,402,000

House allowance .................................................................................... 597,402,000

Committee recommendation ................................................................. 539,022,000

Under this program, the U.S. marshals contract with State and

local jails and private facilities to house unsentenced Federal prisoners for short periods of time. This is usually before and during

trial and while awaiting transfer to Federal institutions after conviction.
34

The Committee recommends an appropriation of $539,022,000.

The recommendation is $58,380,000 below the budget request. The

recommendation reflects a refined estimate of requirements based

on an extrapolation of actual obligation rates and should fully fund

Federal prisoner detention. The Committee has created a mechanism for dealing with unexpected shortfalls in this account and will

not entertain reprogrammings.

Reimbursements.—The Committee has not adopted a proposal to

charge this account for costs incurred by Bureau of Prison personnel transporting Federal detainees to and from medical facilities. Instead, the Committee has provided $35,000,000, the estimated reimbursement requirement, as a direct appropriation under

‘‘Salaries and Expenses, Federal Prison System’’.

FEES AND EXPENSES OF WITNESSES

Appropriations, 1999 ............................................................................. $95,000,000

Budget estimate, 2000 ........................................................................... 156,145,000

House allowance .................................................................................... 95,000,000

Committee recommendation ................................................................. 156,145,000

This account provides for fees and expenses of witnesses who appear on behalf of the Government in cases in which the United

States is a party, including fact and expert witnesses. These funds

are also used for mental competency examinations as well as witness and informant protection.

The Committee recommends an appropriation of $156,145,000.

The recommendation is identical to the budget request.

To improve financial management, the Committee recommendation includes a provision in the bill that makes up to $77,067,000

available for transfer to the ‘‘Federal Prisoner Detention’’ account.

COMMUNITY RELATIONS SERVICE

Appropriations, 2000 ............................................................................. $7,199,000

Budget estimate, 2001 ........................................................................... 9,829,000

House allowance .................................................................................... 7,479,000

Committee recommendation ................................................................. 8,475,000

The Community Relations Service [CRS] provides assistance to

communities and persons in the prevention and resolution of disagreements relating to perceived discriminatory practices.

The Committee recommends an appropriation of $8,475,000. The

recommendation is $1,354,000 below the budget request. The Committee has provided most base increases, but has adjusted the

‘‘annualization of 2000 pay raise’’ line to correct an erroneous assumption.

Spending increases.—The Committee recommendation seeks to

address several longstanding deficiencies in CRS operations by providing $600,000 to develop, acquire, and deploy case management

software, $138,000 to augment an inadequate travel budget, and

$271,000 to fill critical staffing gaps. CRS has used special care in

hiring, because of the sensitive nature of its work. The Committee

urges CRS to continue that careful approach to ensure that new

hires are appropriate for the task at hand.
35

ASSETS FORFEITURE FUND

Appropriations, 2000 ............................................................................. $23,000,000

Budget estimate, 2001 ........................................................................... 23,000,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. 23,000,000

The Committee recommends an appropriation of $23,000,000.

The recommendation is identical to the budget request. This account provides funds to supplement existing resources to cover additional investigative expenses of the FBI, DEA, INS, and U.S.

Marshals, such as awards for information, purchase of evidence,

equipping of conveyances, and investigative expenses leading to

seizure. Funds for these activities are provided from receipts deposited in the assets forfeiture fund resulting from the forfeiture of assets. Expenses related to the management and disposal of assets

are also provided from the assets forfeiture fund by a permanent

indefinite appropriation.

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

Appropriations, 2000 ............................................................................. $2,000,000

Budget estimate, 2001 ........................................................................... 2,000,000

House allowance .................................................................................... 2,000,000

Committee recommendation ................................................................. 2,000,000

The Committee recommends an appropriation of $2,000,000. The

recommendation is identical to the budget request. This program

was established to permit the payment of claims to individuals exposed to radiation as a result of atmospheric nuclear tests and uranium mining in accordance with the Radiation Exposure Compensation Act of 1990.

PAYMENT TO THE RADIATION EXPOSURE COMPENSATION TRUST FUND

Appropriations, 2000 ............................................................................. $3,200,000

Budget estimate, 2001 ........................................................................... 13,727,000

House allowance .................................................................................... 3,200,000

Committee recommendation ................................................................. 14,400,000

The Committee recommends an appropriation of $14,400,000.

The recommendation is $673,000 above the budget request. This

account funds payments to approved claimants under the Radiation

Exposure Compensation Act of 1990. The Committee recommendation does not include additional funding to administer or pay

claims under the expansion of the Radiation Exposure Compensation Act as provided for by Public Law 106–245. The Committee is

concerned that a substantial unfunded requirement and a delay in

the payment of claims to those qualified individuals as provided for

by the original statute will result.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

Appropriations, 2000 ............................................................................. $316,792,000

Budget estimate, 2001 ........................................................................... 328,898,000

House allowance .................................................................................... 328,898,000

Committee recommendation ................................................................. 316,792,000
36

The Interagency Crime and Drug Enforcement Program, through

its 9 regional task forces, utilizes the combined resources and expertise of its 11 member Federal agencies, in cooperation with

State and local investigators and prosecutors, to target and disband

major narcotics trafficking and money laundering organizations.

The Committee recommends an appropriation of $316,792,000 as

distributed in the following table. The recommendation is

$12,106,000 below the budget request.

Reimbursements by Agency

[In thousands of dollars]

Drug Enforcement Administration ................................................................. $104,000

Federal Bureau of Investigation ..................................................................... 108,544

Immigration and Naturalization Service ....................................................... 15,300

Marshals Service ............................................................................................. 1,900

U.S. Attorneys .................................................................................................. 83,300

Criminal Division ............................................................................................ 790

Tax Division ..................................................................................................... 1,344

Administrative Office ...................................................................................... 1,614

Total ....................................................................................................... 316,792

The Committee notes that the comprehensive review of the program, due January 15, 2000, is outstanding. The Committee understands that the report is completed and expects it to be delivered

by August 1, 2000.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $3,089,868,000

Budget estimate, 2001 ........................................................................... 3,303,865,000

House allowance .................................................................................... 3,229,505,000

Committee recommendation ................................................................. 3,077,581,000

The Committee recommends an appropriation of $3,077,581,000.

The recommendation is $226,284,000 below the amended budget

request and $199,981,000 below the original budget request. The

Committee notes that $50,000,000 in Federal Bureau of Investigation [FBI] base funding for radios was permanently transferred to

the ‘‘Narrowband Communications’’ account this year. The Committee also notes that the FBI will receive $514,758,000 in reimbursements in fiscal year 2001.

The Committee recommendations, by decision unit, are displayed

in the following table:

[In thousands of dollars]

Committee

recommendation

Criminal, Security, & Other Investigations:

Organized Criminal Enterprises ................................................... 431,278

Language Services Program ................................................... [5,000]

White Collar Crime ........................................................................ 453,882

Other Field Programs .................................................................... 1,239,020

National Infrastructure Protection Center ............................ [27,809]

Infrastructure assurance (Thayer) .................................. [1,250]

Special Technologies & Applications Unit:

Equipment/software .................................................. [5,253]

Renovation ................................................................. [3,000]

Internet services ........................................................ [960]
37

Committee

recommendation

2002 Winter Olympics Security ............................................. [3,500]

Subtotal ................................................................................ 2,124,180

Law Enforcement Support:

Training, Recruitment, & Applicant ............................................. 121,953

Expand Classroom Opportunities .......................................... [2,800]

Interactive Multimedia Courses ............................................. [1,500]

Develop Analytical Capabilities ............................................. [1,000]

Electronics Tech./Technically Trained Agent ........................ [1,195]

Forensic Services ............................................................................ 137,347

Computer Analysis & Response Team (CART):

Automated Computer Examination System (ACES) ..... [2,800]

Other CART equipment ................................................... [1,136]

Digital Storm ........................................................................... [15,000]

Mitochondrial DNA ................................................................. [1,361]

National Integrated Ballistics Identification Network

(NIBIN) ................................................................................. [5,564]

Information, Management, Automation & Telecommunications .............................................................................................. 140,655

Information Sharing Initiative (ISI) ...................................... [20,000]

ISI base .................................................................................... (20,000)

Technical Field Support & Services .............................................. 147,985

Digital Body Recorders ........................................................... [2,000]

Counter-Encryption Equipment ............................................. [7,000]

Criminal Justice Services .............................................................. 221,604

National Instant Criminal Background Check System

(NICS) ................................................................................... [72,000]

Crimes Against Children Initiative ............................................... [5,204]

Subtotal ........................................................................................ 769,544

Program Direction Management & Administration .................... 183,857

Total, FBI .................................................................................... 3,077,581

Some of the Committee recommendations displayed in the table

are described in more detail in the following paragraphs.

Training.—Advances in technology are prompting the development within the FBI of increasingly specialized and sophisticated

cadres of technicians and analysts, especially in the areas of surveillance, computers, and forensics. At the same time, the large

number of agent retirements in recent years has resulted in a

sharp decline in experience levels Bureau-wide. The Committee believes that continuous training, be it in basic law enforcement

skills or in the most advanced investigative technique, must be the

FBI’s top priority. The recommendation provides a total increase of

$6,495,000 over fiscal year 2000 for training, including interactive

multimedia courses. Particular emphasis should be placed on perishable skills and pioneering fields, such as computers and

forensics. The Committee expects the FBI to deliver a refined

spending plan to the Committees prior to release of more than 50

percent of these funds.

Victim/witness assistance.—The need for victim/witness assistance far exceeds the number of specialists available. The Committee recommendation makes available $7,400,000 for 112 victim/

witness specialists. The Committee expects the specialists to be distributed as follows: one for each field office (56); one for each of the

25 largest resident agencies (25); and the remainder for Indian
38

country (31). The Committee expects to be notified as to the final

distribution of resident agency and Indian country specialists.

Jewelry and gem program.—Jewelry vendors, most of whom have

taken little or no security precautions while carrying valuable merchandise, have proven easy targets for thieves, including organized

South American gangs. The FBI already maintains a database to

analyze trends and patterns that may not be apparent to local jurisdictions. Within funds available for organized criminal enterprises [OCE], the Committee recommendation includes up to

$2,200,000 (10 agents) for the jewelry and gem program. OCE is

directed to focus the additional resources on developing strategies

and methods for conveying precious stones more safely and securely. The results should be shared with industry on a regular

basis.

2002 Winter Olympic Games.—The Committee recommends

$3,500,000 for crisis management and public safety planning at the

2002 Winter Olympic Games in Salt Lake City, Utah. The recommendation includes $1,055,000 to lease space for a Joint Operations Center, $1,293,000 to support readiness exercises, and

$1,152,000 for services, equipment, and supplies.

Field Computer Crime/Intrusion Squads.—The Committee continues to view field computer crime/intrusion squads as highly

trained ‘‘flying squads’’, evenly distributed, but deployable as necessary, to support joint investigations involving field offices. The intensive continuing education and training required to develop and

maintain cybercrime expertise necessarily limits the number of

personnel on squads to an elite cadre of computer specialists. The

Committee expects central headquarters to develop promotion opportunities that will reward a career-long commitment to computer

crime/intrusion squads and to provide sufficient training and travel

funds to ensure existing squads are robust. The Bureau is directed

to report to the Committee on training, promotion, and retention

programs for computer crime/intrusion squad members not later

than March 1, 2001.

Computer Analysis & Response Team [CART] Program.—CART

examiners extract data from computer and network systems for use

in FBI investigations. Using existing base resources already dedicated to CART examiners in the field, the FBI is directed to convert its 54 part-time examiners into at least 35 full-time examiners. The result would be a 7 percent increase in CART workyears

at no additional cost. The Committee believes that the complexity

of computer forensic examinations necessitates continuing education for examiners to allow them to remain current with the latest advances in the highly volatile information technology field.

This, in turn, demands dedicated personnel whose career track allows them to specialize for extended periods, if not permanently, in

this highly technical field. As with field computer crime/intrusion

squads, the Bureau is directed to report to the Committee on training, promotion, and retention programs for CART members not

later than March 1, 2001. The Committee recommendation includes

an increase of $2,800,000 over the fiscal year 2000 level for the

Automated Computer Examination System [ACES], a key tool in

the comprehensive analysis of computer evidence, and an increase

of $1,136,000 over fiscal year 2000 for other CART equipment.
39

Digital Storm.—Digital Storm describes the FBI’s effort to replace antiquated analog Title III wire tap and other signals collection devices with the latest digital technology. Digital capability

not only improves signal clarity and discrimination, but allows the

rapid manipulation and examination of intelligence and investigative information in real or near-real time. The Committee recommendation includes an increase of $15,000,000 over fiscal year

2000 to upgrade or replace equipment in the following locations:

Houston, Dallas, and San Antonio, TX; Las Vegas, NV; Philadelphia, PA; Los Angeles, San Diego, and Sacramento, CA; Phoenix,

AZ; Chicago, IL; Oklahoma City, OK; New York and Buffalo, NY;

Memphis and Knoxville, TN; Detroit, MI; Miami, FL; San Juan,

PR; and Indianapolis, IN.

Intelligence.—The Committee has made a significant investment

in collection devices for the Bureau, an investment that will go to

waste unless sufficient trained personnel are available to process,

interpret, and disseminate intelligence and investigative information. In order to enhance both on-site, tactical analytical support of

on-going cases and long-range, strategic planning, the FBI may

convert up to 55 special agent positions to intelligence research

specialists using attrition to affect the desired change in staff mix.

National Infrastructure Protection Center.—The Committee is

aware that the National Infrastructure Protection Center [NIPC] is

solely an FBI operation even though it was envisioned as an interagency clearinghouse. All referrals to the NIPC, whether involving

critical infrastructure or not (94.7 percent of referrals in the last

30 months did not), are assigned to FBI field offices. Interagency

participation is limited to details to the Center whose nominal responsibilities barely rise above observer status. This outcome,

though regrettable, is, by now, too entrenched to be reversed without seriously disrupting on-going operations. Still, the Committee

believes that FBI dominance of the NIPC unnecessarily limits access to computer specialists that could be quickly enlisted to

counter attacks on critical infrastructure. Therefore, the Committee

directs the NIPC to develop a talent pool of qualified, trained, prescreened computer experts from other Federal, State, and local

agencies, business, and academe that are on call in case of emergency. The Committee directs the NIPC to report to the Committee

on its progress in developing such a pool not later than December

31, 2000.

The Committee recommendation provides $27,809,000 for the

NIPC, of which $1,250,000 is to continue the national program for

infrastructure assurance developed in cooperation with the Thayer

School of Engineering, and of which $9,213,000 is for Special Technologies and Applications Unit equipment, software, maintenance,

Internet services, and renovation, including mass storage/database

servers, routers/switches, and firewalls.

Copyright enforcement.—The Committee is aware that the FBI

has launched an initiative to investigate violations of Federal copyright laws protecting certain marketed software applications. The

Committee supports FBI efforts to vigorously pursue violations of

Federal copyright law. The FBI shall report to the Committee not

later than June 30, 2001 on the number of copyright law investiga-
40

tions that led to prosecutions in the preceding year, including those

under Public Law 105–147, by type and location.

Counterterrorism.—The Committee expects the FBI to continue

its collaboration with the Southwest Surety Institute.

Information Sharing Initiative [ISI].—The FBI has submitted a

new strategy for the Information Sharing Initiative (ISI), now referred to as ‘‘eFBI’’. eFBI is a 3-year, $200,000,000 initiative. A

side-by-side comparison of eFBI and ISI modules 1 through 6 reveals uncanny similarities. Unfortunately, the FBI has ignored

Congressional direction to develop and test core software prior to

wholesale procurement of equipment and to include advanced analytical capabilities in the baseline system. In fact, the FBI reduced

the total program cost of eFBI by eliminating the advanced analytical capabilities and interagency data links envisioned in ISI modules 7 through 14. The requirements for these capabilities have

been retained, however, and both efforts will be undertaken in the

future as separate initiatives. Consensus being unachievable, the

Committee has settled on an incremental, rather than comprehensive, approach to FBI computer modernization. Top priority has

been given to re-establishing the pre-ISI level of investment in information technology. Therefore, in fiscal year 2000, the Committee

has approved release of $20,000,000 of prior year ISI funds for the

following:

Commercial off-the-shelf software:

—$5,500,000 for link & time analysis;

—$4,871,000 for Oracle licenses/maintenance; and

—$840,000 for telephone analysis.

Hardware:

—$6,125,000 for new medium departmental servers and server

upgrades; and —$1,813,000 for computer workstations and printers.

Training:

—$761,000 for end-user training; and

—$80,000 technical training.

Support:

—$10,000 for Federal Acquisition Center acquisition support

services.

The recommendation provides immediate analytical capabilities

to the field and begins replacing the most antiquated computer

equipment currently fielded. In fiscal year 2001, the Committee

recommendation releases an additional $20,000,000 of prior year

ISI funds for the following:

Hardware:

—$1,482,000 for 38 FASTLANE Asynchronous Transfer Mode

encryptors with DS/3 capacity; and

—$18,518,000 for computer workstations and printers.

The recommendation continues replacement of obsolete office

equipment and moves the FBI in the direction of a 4-year replacement cycle for computers. All equipment installations are to be

strictly limited to field offices, Quantico, and headquarters, though

equipment replaced in field offices may trickle down to resident

agent offices and other support facilities. The Committee expects to

be notified as to the final distribution of equipment when installations are completed. The remaining $40,000,000 in prior year ISI
41

funds have been redirected to higher priorities. No base funding

has been provided.

Criminal Justice Services.—The Committee recommendation includes $221,604,000 for Criminal Justice Services, including the

National Instant Criminal Background Check System.

National Instant Criminal Background Check System.—The National Instant Criminal Background Check System [NICS] is the

immediate source of information for Federal firearms licensees

seeking to determine whether a given individual’s purchase of a

firearm would violate Federal or State law. The Committee recommendation does not adopt a proposal to establish fees to pay for

operation of the NICS. Instead, the Committee provides

$72,000,000, the full amount required for NICS, from within available resources and manpower ceilings. The amount provided includes full funding of a ‘‘hot’’ backup for the Interstate Identification Index [III] and other system availability improvements. Problems with the III took both the NICS and the Integrated Automated Fingerprint Identification System off-line for several days in

May. The amount provided also covers the cost of States that have

opted out of the ‘‘point of contact’’ program.

Mitochondrial DNA.—The Committee recommendation includes

$1,361,000 for the FBI Laboratory to continue research on the use

of mitochondrial DNA to assist law enforcement in the identification of missing and abducted children and to operate a missing-persons database as part of the Combined DNA Identification System.

The Committee expects the FBI Laboratory to work closely with

the NCAVC on the application of mitochondrial-DNA technology as

an aid in missing and abducted children investigations.

Northern New Mexico Anti-Drug Initiative.—The Committee acknowledges the need for a focused response to illegal drug trafficking in northern New Mexico and expects the FBI to devote sufficient resources to this problem in cooperation with other federal

law enforcement agencies.

Crimes against children.—The Committee recommendation includes not less than $5,204,000 to maintain the FBI’s capabilities

to combat child abductions and serial killings. Within this amount,

at least $3,439,000 is for: (1) the child abduction and serial killer

unit, (2) a police fellows program for training local investigators,

and (3) training for State and local law enforcement. Additionally,

at least $1,765,000 is recommended to enhance the staffing of the

Violent Criminal Apprehension Program to provide more timely assistance to State and local law enforcement requesting case analysis services.

National Integrated Ballistics Identification Network.—The National Integrated Ballistics Identification Network [NIBIN], born of

the FBI’s DRUGFIRE system and the Bureau of Alcohol, Tobacco,

and Firearms’ Integrated Bullet Identification System [IBIS], is the

single Federal ballistics imaging system. NIBIN combines the best

capabilities of both parent systems. The Committee recommendation includes an increase of $1,364,000 over fiscal year 2000 for

system connectivity.

Spending decreases.—The Committee is alarmed by spending increases across object classes as high as 74 percent from fiscal years

1995 through 2000. These rates, far in excess of inflation, cannot
42

be sustained. The Committee recommendation freezes spending at

last year’s level with exceptions, described above.

Elite units.—The Bureau’s Hostage Rescue Team [HRT] and Special Weapons and Tactics [SWAT] teams have participated in everything from the Miss America pageant to the Olympics to the

Pope’s visit. A cursory review of HRT/SWAT deployments show

that these elite teams often draw duties such as dignitary protection and event security that make little use of their strengths: surprise, shock, and speed. Even the pursuit of Eric Rudolph, which

drew heavily on HRT/SWAT team resources, was nothing more

than a rural manhunt for a single individual on the run. This

seems a gross misuse of expensive and highly trained assets. Presumably, these diversions are undertaken due to the limited number of incidents that require the special skills of HRT/SWAT teams.

The Committee believes that special forces must deliver more return on investment, particularly the HRT, or the size of special

forces need to be reduced to contain their drain on limited resources. The Bureau is directed to get the HRT out of the dignitary

protection and event security business and into more situations

that take advantage of the HRT’s tactical expertise. The Bureau

should narrow and clarify those missions that are solely, largely,

or not at all a part of the HRT’s responsibilities to focus the unit’s

deployments.

Jurisdiction.—Twenty years of uncoordinated lawmaking has so

blurred FBI responsibilities that its jurisdiction overlaps that of the

DEA (drugs), Marshals (fugitives), Justice IG (police/public corruption), Secret Service (special events/dignitary protection), and Alcohol, Tobacco, and Firearms (weapons/explosives) as well as State

and local law enforcement agencies. Pulled in every direction, the

quality of FBI investigations has declined. A study by Syracuse

University of FBI conviction rates in fiscal year 1997 presented

some interesting results:

—Only 44 percent of FBI criminal referrals had enough legal sufficiency and Federal interest to merit prosecution and only 30

percent of FBI criminal referrals resulted in convictions.

—‘‘[O]ne half of all FBI convictions—6,251 of them—involved

drugs, old fashioned bank robbery and fraud against banks,

often by credit cards. Most of these crimes could have been

handled by State and local police.’’

The reasons for the apparent weaknesses of FBI cases are unknown. Syracuse correctly divined, however, that FBI intrusion

into State and local jurisdictions ‘‘means that the FBI has less time

to investigate crimes where the FBI and the Federal Government

have primary or exclusive responsibility: national security; official

corruption; organized crime; white collar crimes . . . and serious

abuses by police officers and prison guards.’’ The FBI must resist

the temptation to spread itself so thin. Instead, by focusing on core

missions, the FBI can maintain its reputation as a premier law enforcement agency. The Bureau is directed to report on what areas

of crime can the FBI hand back to other Federal or State and local

law enforcement agencies so that it can focus on counter-terrorism,

counter-intelligence, cybercrime, organized crime, and other truly

FBI responsibilities.
43

Schoolbus driver background check.—The Committee is aware

that many States require a Federal criminal background check for

the hiring of schoolbus drivers, resulting in a seasonal increase in

fingerprint submissions. The Committee directs the FBI to allocate

sufficient personnel to ensure the timely processing of criminal

background checks for schoolbus drivers.

CONSTRUCTION

Appropriations, 2000 ............................................................................. $1,287,000

Budget estimate, 2001 ........................................................................... 3,187,000

House allowance .................................................................................... 1,287,000

Committee recommendation ................................................................. 42,687,000

The Committee recommends an appropriation of $42,687,000. The recommendation is $39,500,000 above the budget request.

FBI Academy range modernization.—Phase III of the comprehensive range modernization at Quantico, VA, has been delayed by a

lack of funds. Meanwhile, competing land claims on base may

threaten the range expansion envisioned in Phase III. The Committee recommendation includes $39,500,000 for range modernization. The Bureau should award the Phase III contract as quickly

as possible.

Unfunded requirements.—The Committee is concerned by the Bureau’s growing backlog of unfunded construction requirements. In

addition to the range modernization addressed above, the Committee is aware of proposals to completely rebuild the Hazardous

Devices School [HDS] at Redstone Arsenal, AL ($21,400,000), build

a new encryption facility at Quantico, VA ($80,000,000 for the

building shell; outfitting will be extra), and build, with Main Justice, a new data center of unknown cost at a location to be determined in Maryland. These new construction projects are in addition to the ever-increasing number of new FBI offices opening domestically and overseas. The Committee must address this unfunded construction ‘‘bow wave’’ before it grows so large that future

Congresses are unable to pay all the bills coming due. Therefore,

the following actions shall be taken. First, the Bureau is directed

to return the HDS to the Army. The HDS is all but Army owned

and operated, with only two FBI personnel on-site. Because the

Army’s construction budget will always greatly exceed that of the

FBI, Army ownership should make HDS modernization more likely. Second, the FBI is directed to consolidate the Hoover building

data center with the Justice data center in Rockville, MD. Negotiations should begin immediately to extend the present Rockville

lease beyond 2005. Finally, the FBI is directed to survey existing

Bureau facilities in Virginia, West Virginia, and Washington, D.C.

with the intent of locating the planned encryption lab in currently

available space. The FBI shall report to the Committee on its

progress on each of these initiatives not later than April 1, 2001.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $1,276,250,000

Budget estimate, 2001 ........................................................................... 1,367,766,000

House allowance .................................................................................... 1,362,309,000

Committee recommendation ................................................................. 1,345,655,000
44

The Committee recommends an appropriation of $1,345,655,000. The recommendation is $22,111,000 below the budget request.

The Committee recommendation attempts to give DEA the tools

it needs to properly wage the war on illegal drugs.

The Committee is concerned that the Federal agencies responsible for fighting the drug war are not coordinating their efforts

and maximizing their effectiveness, particularly on the Southwest

border. The Committee, therefore, directs the DEA, INS, and FBI

to coordinate all of its operations, whenever practical, along the

Southwest border. In addition, the Committee directs these agencies to co-locate their offices in the Southwest border States of California, Arizona, New Mexico, and Texas which will encourage operational efficiency and to report back to the Committees on Appropriations by February 1, 2001, on a plan to coordinate and on the

estimated lease savings associated with this consolidation. The

Committee recommendation provides funding for the following:

Methamphetamine Initiative.—The recommendation includes

$27,459,000, a $3,000,000 increase over fiscal year 2000, to continue DEA’s efforts of targeting and investigating methamphetamine trafficking, production, and abuse across the United States.

The funding will allow DEA to continue investigations and stop

methamphetamine traffickers; maintain the national clandestine

laboratory data base; reduce the availability of precursor chemicals

being diverted to clandestine laboratories in the United States and

abroad; clean-up the hazardous waste generated by seized clandestine laboratories; and coordinate with the agency’s Special Operation’s Division.

The Committee notes that $20,000,000 is provided through the

COPS Methamphetamine/Drug ‘‘Hot Spots’’ Program to reimburse

the DEA for the costs associated with assisting State and local law

enforcement remove and dispose of the hazardous materials at

clandestine methamphetamine labs.

Methamphetamine Training Initiative.—The Committee recommends $3,500,000 for the equipment needed to train State and

local officials to respond to, dismantle, and investigate clandestine

methamphetamine laboratories. The recommendation is a

$2,000,000 increase above the fiscal year 2000 appropriation.

Heroin Enforcement Operations.—The Committee is very concerned about the re-emergence of the use of heroin by teenagers.

As disturbing, is the that the purity of the drug has increased dramatically while its cost continues to fall. To address this challenge

the Committee recommendation provides $30,291,000 for heroin enforcement efforts which includes an enhancement of 28 positions

(17 agents) and $3,000,000 above the fiscal year 2000 level. The

Committee directs the DEA to continue its efforts against Black

Tar heroin along the Southwest border.

Northern New Mexico Anti-drug Initiative.—The Committee acknowledges the need for a focused response to illegal drug trafficking in Northern New Mexico and expects the DEA to continue

to devote sufficient resources to this problem in cooperation with

other Federal law enforcement agencies.

Regional Drug Enforcement Teams [RET].—The Committee recommends a total of 81 positions (44 agents) and $27,500,000 for

DEA RET teams. The recommendation includes enhancement of 54
45

positions (30 agents) and $8,000,000 which will enable the DEA to

add two new RET Teams. RET team deployments have proven to

be very successful at dismantling drug trafficking organizations in

targeted areas at a very low cost per operation. RET teams are currently stationed in selected regions in the United States and have

been given the flexibility to deploy agent resources and assets to

meet emerging drug trends, specifically in our Nation’s smaller cities. The teams direct their efforts toward combating specific drug

problems as identified by intelligence sources and leads provided by

DEA’s Special Operations Division.

Mobile Enforcement Teams [MET].—The Committee recommends

309 positions (272 agents) and $53,900,000 to continue the DEA

MET team program. MET teams operate in communities at the request of local officials and since 1995 have targeted and dismantled

drug trafficking organizations across the United States. The Committee believes that the DEA should increasingly focus personnel

and resources on operations which target drug related crime and

drug trafficking organizations within the United States.

Firebird/Merlin.—A total of $58,330,000 is provided for the deployment, operations and maintenance, and the technology renewal

of DEA’s Firebird computer system. The recommendation includes a total of $26,000,000 for Firebird Deployment as follows:

$21,570,000 in DEA’s base funding and an enhancement of $4,430,000. Base funding of $23,330,000 and an enhancement of

$7,000,000 is recommended for the Operations and Management of

the system. Finally, for technology renewal $2,000,000 is provided

to modernize and replace systems and system components as they

become obsolete. When fully deployed, Firebird will provide all

DEA domestic and international offices with an integrated information sharing and communications computer network.

Intelligence Initiative.—The recommendation includes an additional $1,800,000 for the DEA’s El Paso Intelligence Center (EPIC).

Funding will be used in the collection, collation, and analysis of

tactical intelligence used to target international drug syndicates. In

addition, $600,000 is provided to meet expanded Federal, State and

local participation in DEA’s National Drug Pointer Index (NDPIX)

information system.

Special Operations Division [SOD].—The recommendation includes an additional 29 positions (18 agents) and $5,150,000 to support the DEA’s Special Operations Division as follows: 18 positions

(11 agents) and $3,100,000 for SOD’s participation in the Southwest Border Initiative and financial investigations; 4 positions (3

agents) and $950,000 for SOD related methamphetamine enforcement efforts; and 7 positions (4 agents) and $1,100,000 for SOD related Latin America and Caribbean enforcement efforts. The SOD’s

mission is to establish strategies and operations between law enforcement agencies aimed at dismantling entire national and international drug trafficking organizations by attacking their communications systems.

Vetted Units.—The Committee recommends a total of

$20,000,000 for the DEA Vetted Unit program. No funding is provided for the Vetted Unit program in Mexico. The Committee believes that efforts in Mexico have been wholly ineffective because

of endemic corruption at all levels of the government, making the
46

Vetted Units’ mission unattainable. Realized savings should be

transferred and used to establish a joint Haiti/Dominican Republic

Vetted Unit on the island of Hispaniola. The Committee is encouraged by the successes of the Vetted Unit program in other participating countries and suggests that the DEA focus more of its international resources for that purpose. The DEA is reminded that the

Committees on Appropriations are to be notified before this program is expanded to include additional countries.

International Operations.—In fiscal year 2000 the Committee

provided funding for 2 positions (1 agent) for operations in Chile.

These positions were never filled and the Committee understands

that there are circumstances preventing the establishment of an office in Iquique, Chile. The Committee is aware that the area surrounding Iquique is an international transit point for precursor

chemicals and a DEA presence in the area would be of benefit. The

Committee encourages all parties involved to reexamine the current situation and the Committee directs the DEA to report to the

Committees on Appropriations by no later than February 1, 2001,

on the outcome.

Management and Administration.—The Committee recommendation provides $83,289,000 for the management and administration

of the DEA. No additional resources are provided for the Financial

Management Division. Current resources should be sufficient to

meet fiscal year 2001 requirements and the Committee encourages

the DEA to adjust its Financial Management staff mix to handle

its Federal Financial System and other requirements.

The Committee is discouraged over the lack of financial management expertise in DEA and has consistently been disappointed

with the quality and timeliness of budget justifications, follow-up

information, and the inability of DEA financial managers to provide detailed accounting of reprogramming actions and other basic

financial information. The Committee believes it should be a top

priority of senior management in both DEA and the Department of

Justice that key vacancies in the financial management area be addressed. Therefore, the Committee directs DEA to fill the current

vacant financial management positions not later than 30 days after

enactment of this Act. The Committee expects DEA to consult with

the Department on these selections.

‘‘Drug Diversion Control Fee’’ Account.—The Committee has provided $83,543,000 for DEA’s Drug Diversion Control Program. This

is the full amount requested, and assumes that the level of balances in the Fee Account are sufficient to fully support diversion

control programs in fiscal year 2001. As was the case in fiscal year

2000, no funds are provided in the DEA ‘‘Salaries and expenses’’

appropriation for the ‘‘Diversion control fee account’’ in fiscal year

2001.

CONSTRUCTION

Appropriations, 2000 ............................................................................. $5,500,000

Budget estimate, 2001 ........................................................................... 5,500,000

House allowance .................................................................................... 5,500,000

Committee recommendation ................................................................. ...........................

The Committee recommends no appropriation for DEA construction. The recommendation is $5,500,000 below the request. The
47

Committee is aware that $19,500,000 in prior year carryover balances are available to cover planned fiscal year 2001 expenditures.

The Committee supports the multi-year reconstruction effort of five

of DEA’s deteriorating laboratories and intends to continue to support that effort in future fiscal years.

IMMIGRATION AND NATURALIZATION SERVICE

(INCLUDING OFFSETTING FEE COLLECTIONS)

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $2,909,665,000

Budget estimate, 2001 ........................................................................... 3,159,138,000

House allowance .................................................................................... 3,121,213,000

Committee recommendation ................................................................. 2,895,397,000

The Committee recommends an appropriation of $2,895,397,000.

The recommendation is $263,741,000 below the amended budget

request and $224,883,000 below the original budget request. In lieu

of the reimbursement for Assistant U.S. Attorneys for Immigration

Matters or Special Assistant U.S. Attorneys, the Immigration and

Naturalization Service [INS] may use up to $10,000,000 to provide

a pay raise to its own attorneys. The Committee expects to be notified, if the pay raise is implemented.

The Committee recommendations, by decision unit, are displayed

in the following table:

INS S&E

[In thousands of dollars]

Committee

recommendation

Enforcement:

Inspections ...................................................................................... 181,834

Border Patrol .................................................................................. 1,055,444

Investigations .................................................................................. 297,539

Detention & Deportation ............................................................... 728,146

Intelligence ...................................................................................... 10,205

Citizenship & Benefits:

Adjudications & Naturalization .................................................... 86,896

International Affairs ...................................................................... 10,831

Immigration Support:

Training ........................................................................................... 17,936

Data & Communications ................................................................ 204,666

Information & Records Management ............................................ 101,903

Legal Proceedings ........................................................................... 64,328

Program Direction: Management & Administration .......................... 131,372

Subtotal, activity ......................................................................... 2,891,100

Adjustments to Base: Centralizing of JPATS funds ........................... (32,640)

Subtotal, adjustments to base .................................................... (32,640)

Transfers: S&E to Fees ......................................................................... (100,000)

Subtotal, S&E transfers to/from fees ........................................ (100,000)

Initiatives:

Southwest Border ........................................................................... 112,347

Northern Tier .................................................................................. 19,290
48

Committee

recommendation

Nationwide ...................................................................................... 5,300

Subtotal, initiatives .................................................................... 136,937

Total, INS S&E ........................................................................... 2,895,397

Some of the Committee recommendations displayed in the table

are described in more detail in the following paragraphs.

Border control.—The Committee recommendation includes an increase of $92,900,000 over fiscal year 2000 for 1,000 new Border

Patrol agents, to continue the Border Patrol recruitment bonus program, and to annualize the pay increase for non-supervisory Border

Patrol agents mandated in last year’s conference report. Use of

these funds for any other purpose than that described is subject to

reprogramming.

Border Patrol equipment.—The effectiveness of the Border Patrol

is threatened by crippling shortfalls of basic equipment. More importantly, agent safety is at risk. The chart below summarizes the

current situation:

BORDER PATROL EQUIPMENT INVENTORY REQUIREMENTS

Ratio per agent/sector Item Projected

total need

Present

inventory

Percentage of requirement

Inventory

required

1 per Agent ....................... Pocket scopes .............................. 9,000 3,928 44 5,072

2 per 3 Agents .................. Night vision goggles .................... 6,000 3,041 51 2,959

2 per Sector ...................... Fiber optic scopes ....................... 350 110 31 240

100 per Sector .................. Hand-held searchlights ............... 2,100 315 15 1,785

100 per Sector .................. IR scopes (LORIS) ........................ 2,000 475 24 1,525

1 per Agent ....................... GPS .............................................. 9,000 450 5 8,550

1 per 10 Agents ................ Vehicle IR cameras ...................... 900 114 13 786

To preserve the benefits of several years of massive investments

to expand the Border Patrol, the Committee recommendation provides an increase of $15,737,000 for high priority equipment, including $780,000 for fiber optic scopes, $580,000 for hand-held

searchlights, $550,000 for vehicle infrared cameras, $523,000 for

Global Positioning Systems, $9,000,000 for infrared scopes,

$554,000 for night vision goggles, and $3,750,000 for pocket scopes.

The Committee recommendation also includes increases over fiscal year 2000 for the following initiatives:

—$13,000,000 for not less than 9 MD–500 helicopters and the desired number of unmanned aerial vehicles to replace Vietnamera OH–6A Cayuses;

—$10,000,000 for the Integrated Surveillance Intelligence System [ISIS], with all the systems deployed to the northern tier.

The Committee expects the INS to give priority to system deployments in support of the ports of entry at Pembina, Portal,

and Neche, ND;

—$4,000,000 for the Law Enforcement Support Center [LESC].

The Committee expects the INS to build this increase, and the

increase provided last year, into the base budget of the LESC;

and
49

—$484,000 for four fully-outfitted patrol boats, including trailers,

for the Detroit Sector.

Equipment maintenance.—The Committee is aware of a proposal

to establish a maintenance depot for the ISIS on the Southwest

border. The Committee has no objection to this proposal, if it is a

contractor-owned and operated facility.

Deployment of Border Patrol resources.—Following up on last

year’s initiative, not less than ten percent of new agents shall be

deployed to the northern tier and the Southeast. This shall be accomplished through the competitive transfer of experienced agents

by means of the existing merit promotion and reassignment plan.

INS shall continue its consultation with the Committees on Appropriations before deployment of new Border Patrol agents.

Pacific Northwest.—The Committee is concerned with the lack of

INS resources in Washington State, a situation that has been compounded by the recent assignment to the southwest border of

Washington border patrol agents, and two planes, which has left

the INS in Washington State without air support along the northern border. The Committee urges the INS to return the personnel

and equipment to Washington State as soon as possible, not to divert any other personnel or equipment from Washington, and to increase the number of border patrol agents and inspectors in Washington State to address the burgeoning drug trade, the crossing of

illegal aliens, increasing terrorist activities, and congestion at border crossings.

Quick Response Teams.—The Committee is aware that the initial

deployment of Quick Response Teams [QRTs] has taken far longer

than anticipated, in part due to continuing opposition within the

Justice Department and in certain local communities designated to

receive QRTs. The Committee is also aware of several areas that

are very interested in QRTs. Because the Committee does not want

to impose QRTs on a reluctant citizenry, the INS is directed to develop contingency plans for removing QRTs from communities

where local opposition exists. Beginning August 1, 2000, QRTs may

be reassigned from locations experiencing controversy to the following new sites: Bangor, ME; the low country region of South

Carolina; and the upper Shenandoah Valley in Virginia. The Committee expects to be informed of any reassignments before moves

are undertaken.

245(i).—The recommendation transfers a total of $100,000,000 in

base funding for data processing, legal proceedings, information

and records management, and detention and deportation from this

account to ‘‘Examinations Fees’’ and ‘‘Breached Bond/Detention

Fund’’ as part of the restoration of section 245(i). This transfer releases additional resources in this account for higher priority border control, detention, and deportation initiatives.

Tuberculosis.—As noted elsewhere in the report, a potential public health crisis is one of the less discussed consequences of illegal

aliens pouring out of Central and South America across the Southwest border. Tuberculosis is just one of a number of well known

diseases that have joined the migration north. In coordination with

a Pan American Health Organization initiative described in title

IV, the INS is directed to spend such sums as are necessary to

monitor tuberculosis at service processing centers and other Fed-
50

eral, State, and local detention facilities used to hold illegal aliens.

The INS may expand upon the Port Isabel, TX, pilot where every

detainee is given a chest x-ray or pursue other appropriate solutions it deems cost-effective, such as skin tests. The INS is directed

to report back to the Committee on its efforts not later than April

1, 2001.

Local jails.—The Committee encourages the INS to consider designating Salt Lake County as part of the local jail program and directs INS to report to the Committee on its finding not later than

September 15, 2000.

Training.—The current 8-week training course for Detention Enforcement Officers [DEOs] at the Federal Law Enforcement Training Center [FLETC] in Glynco, GA, is entirely inadequate in light

of the increasingly violent and ruthless criminal alien population

being detained in ever more crowded INS facilities. The Committee

believes that a full 16-week training course is essential to ensure

the security and safety of both DEOs and detainees. Therefore, the

Committee directs that no funds be spent on training for new

DEOs at FLETC or any other training facility for courses of less

than 16 weeks in duration.

Peace, Rainbow, and Whirlpool bridges.—The Committee is

aware that cross-border traffic in the Buffalo, NY area has grown

steadily without a commensurate increase in inspectors. The Committee is also aware that: (1) land ports of entry [POEs] are woefully understaffed, (2) of 102 manned land POEs nationwide, the 4

largest New York land POEs rank 5th, 16th, 21st, and 67th in

staffing levels versus requirements, and (3) Peace Bridge POE and

Rainbow/Whirlpool bridges POE are ranked 3rd and 4th in staffed

land POEs in New York. If merited based on traffic flows and staff

shortfalls, the INS may move inspectors from less busy or better

staffed POEs to the Peace Bridge and Rainbow/Whirlpool bridges

POEs. The Committee expects to be consulted prior to any move.

Naturalization.—The Committee is aware that the growing immigrant population in Tennessee and Nevada may warrant the establishment of a full service office in Nashville and a District Office

in Las Vegas. The INS is directed to report to the Committee on

the need for such offices not later than December 1, 2000. In addition, should the INS determine that it is merited based on N–400

and I–485 backlogs nationwide, the INS may transfer adjudication

officers to the Fort Smith, AR, Omaha, NE, Milwaukee, WI, and

Des Moines, IA offices. Also, of the total amount provided for naturalization and other benefits, such sums as are necessary shall be

made available to sustain a 3-man office in Greer, SC, including 1

clerical position. Finally, of the total amount provided for naturalization and other benefits, such sums as are necessary shall be

made available to open 1-man offices in Roanoke, VA and Adak,

AK to improve services in those rural areas.

In addition, the recommendation includes $1,300,000 over fiscal

year 2000 for the Debt Management Center [DMC]. The Committee

expects the INS to build this increase into the base budget of the

DMC.

Spending decreases.—The Committee is alarmed by spending increases across object classes as high as 167 percent from fiscal

years 1995 through 2000. These rates, far in excess of inflation,
51

cannot be sustained. The Committee recommendation freezes

spending at last year’s level with exceptions, described above. Furthermore, the recommendation centralizes prisoner air transport

funding under the ‘‘Justice Prisoner and Alien Transportation System’’ account.

Casework.—The Washington District Office has one person attempting to address the avalanche of casework inquiries from local,

State, and Federal officials. The Committee directs the INS to reassign not less than three personnel currently assigned at headquarters to the Washington District Office to augment its inquiries

operation. INS shall report to the Committees on Appropriations on

the completed personnel transfer not later than November 1, 2000.

OFFSETTING FEE COLLECTIONS

Fees are paid by persons who are either traveling internationally

or are applying for immigration benefits. The Committee recommends a total spending level of $1,524,771,000. The recommendation is $18,899,000 below the budget request. The Committee recommendations, by major account, are provided below:

IMMIGRATION USER FEE

The Committee recommends a spending level of $494,384,000.

This is the full amount of receipts estimated to be available. The

recommendation is $34,719,000 below the budget request. The

Committee recommendation does not include either of the fee increases proposed by the administration.

The immigration user fee account faces a crisis. Inspection costs

have exceeded user fee receipts for the last few years. Insolvency

is almost certain in the coming fiscal year. Congress is confronted

with four options for restoring the financial health of this account:

(1) reduce services, (2) eliminate the cruise ship exemption for

ships, other than ferries, arriving at United States ports from Canada, Mexico, or adjacent Carribean islands, (3) raise the airport fee,

or (4) charge vessel and aircraft crews. The Committee recommendation maintains what current services it can until a clear

consensus emerges as to the proper means of matching revenues to

requirements in this account.

Reprogramming.—To avert the total collapse of the immigration

inspection system at air-, sea-, and land ports of entry, the Committee has approved a $20,455,000 reprogramming to maintain

minimum services through the rest of the fiscal year. The reprogramming includes:

—$4,235,000 for part-time inspectors and overtime;

—$4,226,000 for reimbursements to the Public Health Service;

—$1,612,000 for contract detention beds;

—$569,000 for document fraud activities;

—$2,646,000 for main frame operations and maintenance; and

—$7,167,000 to operate, maintain, and improve corporate information technology systems.

The Committee expects to be notified prior to any deviation from

the above plan. The Committee fully understands that relief in fiscal year 2000 simply exacerbates the looming crisis in fiscal year

2001.
52

Charlotte.—The Committee is aware that the expansion of daily

service at the Charlotte-Douglas International Airport has occurred

without a commensurate increase in inspectors. The Committee is

also aware that: (1) air/sea ports of entry [POEs] are understaffed,

(2) of 102 manned air/sea POEs worldwide, Charlotte ranks 57th

in staffing levels versus requirements, and (3) Charlotte POE ranks

2nd in staffed air/sea POEs in North Carolina. If merited based on

passenger flows and staff shortfalls, the INS may move inspectors

from less busy or better staffed POEs to the Charlotte POE. The

Committee expects to be consulted prior to any move.

Detroit.—The Committee is aware that the expansion of daily

service at the Detroit metro airport has occurred without a commensurate increase in inspectors. The Committee is also aware

that: (1) air/sea ports of entry [POEs] are understaffed, and (2) of

102 manned air/sea POEs worldwide, Detroit ranks 80th in staffing

levels versus requirements. If merited based on passenger flows

and staff shortfalls, the INS may move inspectors from less busy

or better staffed POEs to the Detroit POE. The Committee expects

to be consulted prior to any move.

IMMIGRATION EXAMINATIONS FEE

The Committee recommends a spending level of $891,017,000.

This is the full amount of receipts estimated to be available. The

recommendation is $8,800,000 below the budget request.

Reprogramming.—After INS assurances that exam fee revenues

can sustain the proposal, the Committee has approved a

$37,000,000 reprogramming to accelerate the pace of efforts to reduce the naturalization backlog. The reprogramming includes:

—$9,655,949 for replacement of permanent resident cards;

—$3,500,000 for district and service center overtime;

—$4,000,000 for CLAIMS 4 installation;

—$14,044,051 for service center technology upgrades;

—$3,000,000 for electronic fingerprint machines;

—$1,800,000 for planning and implementation of process and

system improvements nationwide; and

—$1,000,000 for ‘‘Guide to Naturalization’’ printing costs.

The Committee expects to be notified prior to any deviation from

the above plan. If the Committee has been misinformed about the

financial impact on this account of front-loading these improvements and approval precipitates a funding crisis in fiscal year

2001, the INS will find the Committee unusually unsympathetic to

appeals for relief.

Transfer to Executive Office for Immigration Review [EOIR].—

The recommendation assumes that $49,741,000 from this account

are made available for EOIR operations. Exam fees may be used

for expenses in providing immigration adjudication.

Naturalization.—The recommendation includes $6,000,000 to install the CLAIMS 4 system in the Los Angeles, CA district office.

This will complete the national network.

245(i).—As noted above, the recommendation transfers

$50,000,000 in data processing, legal proceedings, and information

and records management base funds from ‘‘Salaries and Expenses’’

to this account as part of the restoration of section 245(i).
53

BREACHED BOND/DETENTION FUND

The Committee recommends a spending level of $130,634,000.

This is the full amount of receipts estimated to be available to support detention of criminal and illegal aliens. The recommendation

is $20,500,000 above the budget request. The increase is attributable to the restoration of 245i revenue.

245(i).—As noted above, the recommendation transfers

$50,000,000 in detention and deportation base funds from ‘‘Salaries

and Expenses’’ to this account as part of the restoration of section

245(i).

CONSTRUCTION

Appropriations, 2000 ............................................................................. $99,664,000

Budget estimate, 2001 ........................................................................... 111,135,000

House allowance .................................................................................... 110,664,000

Committee recommendation ................................................................. 133,302,000

The Committee recommends an appropriation of $133,302,000.

The recommendation is $22,167,000 above the budget request.

The Committee is concerned by the lack, or condition, of facilities

on the Southwest border, described as the ‘‘worst’’ in the Federal

Government in a recent assessment. The backlog of projects has

reached unacceptable levels: $941,000,000 in new construction;

$137,000,000 in one-time specialized construction (cells, booking

stations, etc.); and $186,000,000 in maintenance, repair, and alteration. Use of trailers or temporary or makeshift facilities is common, and even these expedients leave many new agents without a

place to process arrestees. Not surprisingly, the result is agent attrition rates that are high and climbing. The Committee recommendation begins the long process of eliminating construction

and maintenance backlogs.

The Committee recommendations, by project, are displayed in

the following table:

INS construction

[In thousands of dollars]

Committee

Recommendation

Border Patrol:

New Construction:

Yuma, AZ:

Sector HQ ................................................................................... 4,000

Border Patrol Station ................................................................ 5,133

El Centro, CA—Border Patrol Station ............................................ 4,000

Charleston, SC—Border Patrol Academy ........................................ 5,000

Sanderson, TX—Border Patrol Station ........................................... 3,880

Subtotal .......................................................................................... 22,013

Planning/Site Acquisition/Design:

El Cajon, CA—Border Patrol Station .............................................. 307

McAllen, TX—Border Patrol Station ............................................... 813

Port Isabel, TX—Border Patrol Station .......................................... 500

El Paso, TX—Border Patrol Station ................................................ 865

Eagle Pass, TX—Border Patrol Station ........................................... 834

McAllen, TX—Sector HQ .................................................................. 685
54

Committee

Recommendation

Tucson, AZ—Sector HQ .................................................................... 520

Subtotal .......................................................................................... 4,524

Detention:

New Construction:

San Pedro, CA—Service Processing Center .................................... 800

Port Isabel, TX—Service Processing Center ................................... 10,400

Krome, FL—Service Processing Center ........................................... 9,500

Subtotal .......................................................................................... 20,700

Planning/Site Acquisition/Design:

Port Isabel, TX—Service Processing Center ................................... 1,500

Krome, FL—Service Processing Center ........................................... 1,184

El Centro, CA—Service Processing Center ..................................... 300

El Paso, TX—Service Processing Center ......................................... 1,149

Subtotal .......................................................................................... 4,133

Servicewide One-Time Build Out:

Newark, NJ—District Office .................................................................... 561

Fresno, CA—Sub Office ........................................................................... 1,608

Boise, ID—Sub Office ............................................................................... 571

El Paso, TX—Port of Entry ..................................................................... 336

El Paso, TX—Checkpoint ......................................................................... 348

Sweetgrass, MT—Port of Entry .............................................................. 1,767

San Francisco, CA—District Office ......................................................... 6,484

Bakersfield, CA—Duty Station ............................................................... 263

Anchorage, AK—District Office ............................................................... 215

Phoenix, AZ—District Office .................................................................... 376

Laguna Niguel, CA—Administrative Center ......................................... 1,346

Omaha, NE—District Office .................................................................... 1,330

Washington, DC—Headquarters ............................................................. 1,500

Minor Projects under $250K .................................................................... 8,000

Subtotal ................................................................................................. 24,705

Servicewide Maintenance, Repair, & Alteration:

Marfa, TX—BPS/Checkpoint ................................................................... 522

Port Isabel, TX—BPS/SPC ....................................................................... 2,637

Chicago, IL—Staging Facility .................................................................. 424

Brownsville, TX—Border Patrol Station ................................................ 500

Del Bonita, MT—PoE/BPS ....................................................................... 316

Eagle Pass, TX—BPS/ASU ...................................................................... 1,146

El Paso, TX—BPSH/SPC ......................................................................... 5,073

Hebbronville, TX—Border Patrol Station ............................................... 325

Los Fresnos, TX—Border Patrol Station ................................................ 618

Truth or Consequences, NM—BPS ......................................................... 510

Uvalde, TX—Border Patrol Station ........................................................ 535

Willow Creek, MT—Port of Entry ........................................................... 302

Ysleta, TX—Border Patrol Station .......................................................... 364

Zapata, TX—Border Patrol Station ........................................................ 450

Aguadilla, PR—Service Processing Center ............................................. 600

Batavia, NY—Federal Detention Center ................................................ 256

Miami/Krome, FL—Service Processing Center ...................................... 4,941

Altoona, PA—National Firearms Unit ................................................... 375

Ramey, PR—Border Patrol Sector HQ ................................................... 657

Trenton, MI—Border Patrol Station ....................................................... 270

Ajo, AZ—Border Patrol Station ............................................................... 465

Alpine, CA—Border Patrol Station ......................................................... 270

Brownfield, CA—Border Patrol Station .................................................. 250

El Centro, CA—BPS/SPC ........................................................................ 1,126

Florence, AZ—Service Processing Center ............................................... 350

Imperial Beach, CA—Border Patrol Station .......................................... 575

San Diego, CA—Border Patrol Sector HQ .............................................. 1,510
55

Committee

Recommendation

San Pedro, CA—Service Processing Center ........................................... 1,765

Del Rio, TX—BPS/BPSH .......................................................................... 450

Warroad,MN—Border Patrol Station ..................................................... 250

Oroville, MT—Border Patrol Station ...................................................... 270

Sonoita, AZ—Border Patrol Station ........................................................ 625

Lancaster, MN—Port of Entry ................................................................ 250

Walhalla, ND—Port of Entry .................................................................. 250

Minor Projects under $250K .................................................................... 19,250

Subtotal ................................................................................................. 48,477

Program Execution .......................................................................................... 8,750

Total, INS Construction ........................................................................... 133,302

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001.

FEDERAL PRISON SYSTEM

Appropriations, 2000 ............................................................................. $3,668,425,000

Budget estimate, 2001 ........................................................................... 4,381,429,000

House allowance .................................................................................... 4,266,256,000

Committee recommendation ................................................................. 4,298,118,000

The Committee recommends total budgetary resources of $4,298,118,000 for the Federal prison system for fiscal year 2001.

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $3,111,634,000

Budget estimate, 2001 ........................................................................... 3,545,769,000

House allowance .................................................................................... 3,430,596,000

Committee recommendation ................................................................. 3,573,729,000

The Committee recommends total budgetary resources of

$3,573,729,000 for the salaries and expenses of the Federal prison

system for fiscal year 2001.

Activation of new prisons.—The Committee recommendation includes funding for activation of four new facilities (3,806 beds):

high and minimum security facilities in Pollock, LA; high and minimum security facilities in Atwater, CA; a high security facility in

Coleman, FL and the detention center in Honolulu, HI. The Committee also supports expansions of existing facilities for secure beds

and purchase of equipment for Lee County, VA USP and Petersburg, VA FCI which are preparing for activation.

The Committee recommendation includes funding to begin and or

complete activation of the following facilities:

Victorville, CA ........................................................................................ $5,882,000

Houston, TX ........................................................................................... 637,000

Brooklyn, NY .......................................................................................... 8,131,000

Philadelphia, PA .................................................................................... 5,718,000

Butner, NC ............................................................................................. 11,808,000

Loretto, PA expansion ........................................................................... 613,000

Pollock, LA ............................................................................................. 33,511,000

Atwater, CA ............................................................................................ 22,316,000

Coleman, FL ........................................................................................... 10,235,000

Honolulu, HI .......................................................................................... 14,119,000

Ft. Dix, NJ expansion ............................................................................ 4,893,000

Yazoo City, MS expansion ..................................................................... 674,000

Lompoc, CA expansion .......................................................................... 907,000

El Paso, TX expansion ........................................................................... 2,357,000
56

Seagoville, TX expansion ...................................................................... 1,208,000

Jesup, GA expansion ............................................................................. 200,000

Lee County, VA equipment ................................................................... 4,059,000

Petersburg, VA equipment .................................................................... 4,058,000

Based on new activation estimates, the amount for the expansion

of satellite low beds at existing facilities can be reduced by

$2,842,000.

In addition, the Committee recommendation includes funding for:

6,000 beds for short-term criminal aliens to be housed in contract

facilities; and a contract population increase of 520 beds. Further,

funding is provided to increase staff for education programming as

requested.

The Committee recommendation reduces the request by

$23,725,000. This amount is for 1,000 INS Long Term Detainees.

The transfer of these detainees has not occurred. The Committee

supports the base funding adjustment of $30,758,000 for 3,000 beds

for short term criminal aliens.

Justice Prisoner and Alien Transportation System.—The Committee recommends a reduction of $14,196,000 for centralization of

prisoner air movements under Justice Prisoner and Alien Transportation System, in lieu of reimbursement.

Children of Prisoners.—Statistics show that children of prisoners

are six times more likely than other children to be incarcerated at

some point in their lives. The Department of Justice has ignored

the fact that 70 percent of children of prisoners will become involved with the nation’s prison system. To address this unique

need the Committee recommends $4,000,000 for the National Institute of Corrections to work with cooperative agreements to fund

private sector or not for profit groups that have effective, tested

programs to help children of prisoners. The Committee directs the

Bureau to provide an implentation plan to the appropriate committees no later than November 15, 2000.

Internship Pilot.—The Committee recommends up to $100,000

for the implementation of a pilot program that would offer temporary internship positions for college students at the Federal Correctional Institution in Yazoo City, Mississippi, to provide the students work experience in a law enforcement setting and a heightened interest in a career with the Federal Bureau of Prisons.

Medical Expenses.—The Committee recommends $35,000,000

from Federal Prisoner Detention for medical expenses for Federal

detainees.

Female inmates.—Of the amounts provided, up to $1,000,000

shall be for the National Institute of Corrections to work with correctional systems (State and Federal) to address the issue of staff

sexual misconduct involving female inmates in correctional institutions through the provision of technical assistance, education and

training, and other activities.

Pursuant to recommendations of the General Accounting Office,

the Director of the Bureau of Prisons should develop systems and

procedures to monitor and analyze allegations of staff sexual misconduct in Federal prisons and periodically report results to the

Department of Justice’s Office of the Inspector General and to appropriate BOP officials (e.g. senior managers and wardens).
57

These analyses and reports should be in sufficient detail to identify and monitor trends and to determine whether any corrective

actions are needed. For instance, the analyses and reports should

quantify all categories of alleged staff sexual misconduct, including

allegations of unprofessional or noncriminal conduct, as well as allegations involving potentially criminal conduct.

Yazoo City, MS.—The Committee directs the Bureau to continue

assessing the feasibility and anticipated need for the construction

of a high security prison facility in Yazoo City, MS.

Finally, the Committee recognizes the BOP’s tireless efforts to

manage costs and hold down taxpayer expense in operating the

Federal Prison System. The Committee directs the Bureau to examine its decision unit or budget activity structure for further consolidation of decision units or budget activities. Specifically, the

Committee directs the Bureau to consider restructuring the Contract Confinement and Inmate Care and Programs decision units

for optimum utilization of resources. The Bureau is directed to report to the appropriate Committees no later than December 31,

2000 on restructuring recommendations.

The Committee also recommends bill language, similar to that

included in previous Appropriations Acts, which allows: (1) for the

purchase of motor vehicles for police-type use and the purchase of

uniforms; (2) for the provision of technical advice to foreign governments; (3) for transfer of funds to the Health Resources and Services Administration; (4) for the Director to enter into contracts to

furnish health care; (5) up to $6,000 for reception and representation expenses; (6) up to $90,000,000 for necessary prison operations

to remain available until September 30, 2002; (7) up to $20,000,000

for contract confinement expenses for the care and security of

Cuban and Haitian entrants; and (8) for the Federal Prison System

to enter into contracts, and other agreements with private entities,

for a multiyear period for the confinement of Federal prisoners.

BUILDINGS AND FACILITIES

Appropriations, 2000 ............................................................................. $556,791,000

Budget estimate, 2001 ........................................................................... 835,660,000

House allowance .................................................................................... 835,660,000

Committee recommendation ................................................................. 724,389,000

The Committee recommends a total of $724,389,000 for fiscal

year 2001 for the construction, modernization, maintenance, and

repair of prison and detention facilities housing Federal prisoners.

This amount is $167,598,000 more than the fiscal year 2000 appropriation and $111,271,000 less than the fiscal year 2001 budget request. The request for an advanced appropriation of $1,326,000,000

is not approved.

The Committee continues to strongly support the BOP’s construction program, designed to provide sufficient inmate beds to manage

overcrowding in facilities and maintain them in a safe and secure

manner for staff, inmates and surrounding communities. The Committee understands that the BOP needs the 17 facilities requested

in the 2001 budget and even with these facilities, overcrowding is

projected to be 33 percent in 2006. Thus, the Committee is providing $570,000,000 for the new construction program. Further, the

Committee directs the BOP to request the funds necessary to com-
58

plete these facilities in the 2002 budget. The funding provided for

facilities includes:

Sentenced Capacity Projects

(In thousands of dollars)

Facilities with prior funding:

FCI Yazoo City, MS .................................................................................. 86,884

FCI Forrest City, AR ................................................................................ 95,814

FCI Herlong/Sierra, CA ........................................................................... 116,861

FCI Victorville, CA ................................................................................... 116,838

Subtotal ................................................................................................. 416,397

Facilities with no prior funding:

USP Western (California) ........................................................................ 7,953

USP Coleman, FL ..................................................................................... 7,954

State of Alaska ......................................................................................... 7,954

FCI Marlboro, South Carolina ................................................................. 5,430

FCI Mid-Atlantic Northeast .................................................................... 5,430

FCI Midwestern (Michigan) ..................................................................... 5,431

FCI Western (Arizona) & Camp .............................................................. 6,000

FCI Pollock, LA & Camp ......................................................................... 5,000

FCI Northumberland & Camp ................................................................ 5,000

FCI Mid-Atlantic (West Virginia) & Camp ............................................ 5,000

Hazelton, WV Secure Female Unit ......................................................... 2,000

Subtotal ................................................................................................. 63,152

Capacity To Absorb INS Long Term Detainees:

USP Lompoc, CA ...................................................................................... 30,451

USP Terre Haute, IN ............................................................................... 30,000

FCI Butner, NC ........................................................................................ 30,000

Subtotal ................................................................................................. 90,451

Total New Construction Program Increases ....................................... 570,000

The Committee commends the BOP for working diligently to increase inmate housing capacity by expanding existing facilities

within available funds. The Committee fully supports these cost effective efforts and expects the BOP to continue its reprogrammings

and funds transfer requests in a timely manner to expedite these

construction projects.

State of Alaska Prison.—The Committee understands that the

State of Alaska is in great need of a new correctional facility as

well as assistance in the design and construction of such a project.

Thus, the Committee is providing funds in BOP’s new construction

program for transfer to the Office of Justice Programs (OJP) to

allow OJP to provide funding, under its authorities, for an Alaska

prison. The Committee expects OJP to provide $7,954,000 for the

State of Alaska prison construction project. The Committee is including these funds in the BOP’s budget because of their prison

construction expertise and expects the BOP to consult with and assist Alaska in the design and construction of the prison. Finally,

the Committee understands that there could be sufficient capacity

for the BOP to house inmates in this facility, if needed, upon completion and would reimburse the State accordingly.

The Committee is aware that the BOP currently leases the facilities at the Oklahoma City Federal Transportation Center, and that

the BOP requires lease authority to move expeditiously when other

lease opportunities advantageous to the BOP and Federal Govern-
59

ment arise. The Committee notes that the BOP has multiyear operating lease authority, given language authorizing contracts, and

other agreements with private entities, and can enter into such

leases.

The Committee recommends bill language, similar to that included in previous Appropriation Acts, without the repetitive Oklahoma City lease language since it is already authorized, which allows: (1) for planning of facilities, acquisition of sites, and construction of facilities; (2) for acquisition, remodeling, and equipping facilities by contract or force account; (3) for up to $14,000,000 to construct inmate work areas; (4) for use of prison labor; and (5) for up

to 10 percent of this appropriation to be transferred to the ‘‘Salaries and expenses’’ account in accordance with section 605.

FEDERAL PRISON INDUSTRIES, INC.

(LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2000 ............................................................................. $3,429,000

Budget estimate, 2001 ........................................................................... 3,429,000

House allowance .................................................................................... 3,429,000

Committee recommendation ................................................................. 3,429,000

This Committee recommends a limitation on administrative expenses of $3,429,000 for the Federal Prison Industries, Inc., for fiscal year 2001. This amount is equal to the amount requested and

the fiscal year 2000 appropriation.

The Committee continues to strongly support Federal Prison Industries [UNICOR] and recognizes its importance in the efficient

and safe management of Federal prisons. UNICOR provides prison

inmates with the opportunity to learn important work habits, participate in meaningful employment which keeps them productively

occupied during work hours, and develop improved job skills which

reduce recidivism. The Committee also recognizes the necessity for

UNICOR to grow as the inmate population increases. Finally,

UNICOR is a self-supporting revolving fund the resources of which

are derived from sales of its products. In the future, the BOP is directed to submit only UNICOR’s Appropriations language exhibit.

OFFICE OF JUSTICE PROGRAMS

Appropriations, 2000 ............................................................................. $3,457,158,000

Budget estimate, 2001 ........................................................................... 2,364,460,000

House allowance .................................................................................... 3,452,158,000

Committee recommendation ................................................................. 2,254,578,000

The Committee recommends an appropriation of $2,254,578,000

for the various law enforcement assistance, juvenile justice, research, and statistics programs of the Office of Justice Programs

[OJP].

Included in these amounts are funds to continue providing assistance to States and localities, such as the State and Local Law Enforcement Block Grant Program, the State Criminal Alien Assistance Program, the Violence Against Women Grant Programs, the

Byrne Grant Program, the Weed and Seed Program, juvenile justice and delinquency prevention, and victims of child abuse programs.
60

JUSTICE ASSISTANCE

Appropriations, 2000 ............................................................................. $307,611,000

Budget estimate, 2001 ........................................................................... 371,260,000

House allowance .................................................................................... 307,611,000

Committee recommendation ................................................................. 426,403,000

The Committee recommends an appropriation of $426,403,000. The recommendation is $55,143,000 above the budget request.

The funding provided for justice assistance includes funds to

States for research, evaluation, statistics, information sharing,

emergency assistance, missing children assistance, counterterrorism programs, and the management and administration of

grants provided through the Office of Justice Programs.

Justice Assistance

Committee

recommendation

National Institute of Justice ................................................................. $46,000,000

Defense/law enforcement technology transfer .............................. (10,277,000)

Bureau of Justice Statistics .................................................................. 27,305,000

Missing children .................................................................................... 25,473,000

Regional information sharing system .................................................. 30,000,000

Counterterrorism activities ................................................................... 257,500,000

For consortium members:

Center for Domestic Preparedness, Fort McClellan, AL ............. (15,000,000)

Management and Administration ................................................. (500,000)

National Energetic Materials Research and Testing Center,

New Mexico Institute of Mining and Technology ..................... (4,500,000)

National Emergency Response and Rescue Training Center,

Texas A&M University ............................................................... (7,000,000)

National Center for Bio-Med Research and Training, Louisiana

State University .......................................................................... (3,500,000)

National Exercise, Test and Training Center, Nevada test

site ................................................................................................ (4,500,000)

Domestic preparedness equipment grants ........................................... (120,000,000)

State and local domestic preparedness exercise grant program ........ (8,000,000)

TOPOFF II ............................................................................................. (5,000,000)

Other training ........................................................................................ (7,000,000)

Technical assistance .............................................................................. (8,000,000)

Nunn-Lugar-Domestic preparednes program ...................................... (31,000,000)

Research and Development (MIPT and ISTS) .................................... (36,100,000)

Prepositioned equipment ....................................................................... (7,400,000)

Management and administration ......................................................... 40,125,000

Total justice assistance ............................................................... 426,403,000

National Institute of Justice (NIJ).—The Committee recommends

an appropriation of $46,000,000. The recommendation is $3,400,000

below the budget request. In addition, $20,000,000 will be provided

to NIJ in fiscal year 2001, as was provided in fiscal year 2000, from

the local law enforcement block grant for assisting local units to

identify, select, develop, modernize, and purchase new technologies

for use by law enforcement. NIJ is the Nation’s primary source of

research and development in the field of criminal justice. NIJ fosters innovation in law enforcement technologies and practices, investigates causes and patterns of crime, and informs the public of

research and development findings.

Within total funding for the NIJ, the Committee directs that increased amounts over fiscal year 2000 be made available for computerized identification systems and the DNA Technology Research

and Development Program.
61

Defense/law enforcement technology transfer.—Within the

amounts provided for NIJ, $10,277,000 is provided for NIJ management and oversight of this program to support joint efforts by the

Justice Department and the Department of Defense to adapt defense technologies to law enforcement use, to field prototype systems for evaluation, to develop standards and test products, and to

develop technologies that will minimize the risk of death or injury

to law enforcers, corrections officers, and citizens.

Drug Detection.—The Committee is pleased with the progress the

National Institute of Justice has made in initiating the evaluation

of a non-toxic and non-carcinogenic reagent-based detection and

identification aerosol designed to detect trace amounts of illegal

drugs in school environments. In recognition of this progress, the

Committee directs that from within the amounts provided for NIJ,

$500,000 shall be made available to continue this research with the

same technology currently under evaluation. The Committee is particularly interested in other applications beyond the school environment. These applications should be considered by NIJ for other

parts of the U.S. Government. The Committee directs the Department to provide a report on these other applications no later than

February 1, 2001.

The Committee recognizes the need for a National Law Enforcement and Corrections Technology Center (NLECTC) in Alaska. The

center would be dedicated to assisting law enforcement agencies

that operate in cold-weather remote areas. The center would also

be a test-bed for determining if any law enforcement technologies

should be upgraded, modified, and conditioned to perform law enforcement functions in natural geographically challenging environments. From within the amounts provided to NIJ, $1,500,000 shall

be used to develop detailed plans for a NLECTC in Alaska and to

provide the results to the Committees on Appropriations by February 1, 2001.

From within available funds, NIJ is directed to provide the following: $500,000 for the Washington State Breaking the Cycle program; and $100,000 for the perfluorocarbon chemical tracer improvement program.

Bureau of Justice Statistics (BJS).—The Committee recommends

an appropriation of $27,305,000. The recommendation is $5,895,000

below the budget request. The recommendation includes:

$1,000,000 for the collection of Computer Crime and Cyber-Fraud

Statistics; $500,000 for BJS to begin converting its paper-based collections to an Internet based format; and $300,000 for BJS to enhance the National Victims of Crime Survey to measure the victimization of the disabled. The BJS is responsible for the collection,

analysis, and publication of statistical information on crime, criminal offenders, victims of crime, and the operations of the Nation’s

justice systems.

Missing children.—The Committee recommendation provides

$25,473,000 for the Missing Children Program to combat crimes

against children, particularly kidnaping and sexual exploitation.

Within the amounts provided the Committee has included:

(1) $8,798,000 for the Missing Children Program within the Office of Justice Programs, Justice Assistance, including the following: $6,000,000 for State and local law enforcement to continue
62

specialized cyberunits and for units to investigate and prevent

child sexual exploitation which are based on the protocols for conducting investigations involving the Internet and online service

providers that have been established by the Department of Justice

and the National Center for Missing and Exploited Children.

(2) $13,475,000 for the National Center for Missing and Exploited Children, of which $2,125,000 is provided for the operation

of the CyberTipline and to conduct Cyberspace training. The Committee expects the National Center for Missing and Exploited Children to continue to consult with participating law enforcement

agencies to ensure the curriculum, training, and programs provided

with this additional funding are consistent with the protocols for

conducting investigations involving the Internet and online service

providers that have been established by the Department of Justice.

The CyberTipline was created by this Committee in the fiscal year

1999 appropriation for the Center. The Committee supports and

encourages businesses and organizations with websites to place a

CyberTipline icon on their site making it easier for people around

the world to locate and access the CyberTipline. This increased promotion will provide more leads on missing children. The Committee

has included additional funding for staff increases and for the expansion of the CyberTipline, including added case analysts which

are needed as a result of the increase in leads tied to the reports

provided by Internet Service Providers. The Committee recommends that $125,000 be provided for the Center to hire a person

to be detailed to Interpol headquarters after appropriate training

is provided. The purpose of this effort is to coordinate international

search efforts for crimes against children. Additional funding is

also provided for the continuation of a study regarding the victimization of children on the Internet, for a legal and technical assistance section at the National Center for Missing and Exploited Children, and for efforts to develop a national training program to address child victimization. The Committee directs the Office of Justice Programs to work with the National Center for Missing and

Exploited Children to identify law enforcement agencies which currently utilize computers in their patrol cars and to create a program to use the computers to disseminate information, including

pictures, of newly reported missing children. In addition,

$1,800,000 is provided for the Virginia Department of State Police

to continue its work to develop and implement a computerized digital mapping process that will enhance law enforcement efforts to

identify computer images of missing and exploited children. Also,

the Committee recommends $100,000 for a case manager at the

National Center to coordinate with medical examiners and coroners

at both the State and local level to assist in identifying the remains

of children. The case manager would use the National Center’s

database and other technical assistance. This effort would be to assist in identifying longterm and unidentified cases.

(3) $3,200,000 for the Jimmy Ryce Law Enforcement Training

Center for training of State and local law enforcement officials investigating missing and exploited children cases. The Committee

recommendation includes funding for the continuation of the Center’s program which trains law enforcement officers, judges, and
63

prosecutors on Internet crimes against children and child exploitation.

Regional Information Sharing System (RISS).—The Committee

recommends an appropriation of $30,000,000. The recommendation

is $10,000,000 above the budget request. The RISS program provides funds to maintain six regionally-based information sharing

centers which allow for information and intelligence services to be

disseminated nationwide addressing major, multi-jurisdictional

crimes.

Domestic Preparedness Assistance to State and Local Jurisdictions.—The Committee recognizes the vital importance of the Office

for State and Local Domestic Preparedness Support’s (OSLDPS)

continued efforts to enhance the capabilities of State and local jurisdictions to better prepare for and respond to incidents of domestic terrorism involving weapons of mass destruction. These efforts

include training, programs of educational instruction, and support

for real life situational exercises. Also, it includes funding to enable

the purchase of the specialized equipment needed by State and

local agencies to respond to incidents involving weapons of mass

destruction, and technical assistance for States, localities, and their

emergency response agencies. OSLDPS’ successful planning and

conduct of the TOPOFF 2000 exercise was a major step towards

the Department of Justice’s development of a truly focused national

program to build the capabilities of State and local governments to

respond to terrorist attacks.

The Committee supports OSLDPS’ strategy to enhance State and

local emergency response capabilities based on a continued cycle of

activity involving training, equipping, and exercising, and the ongoing involvement of the emergency response community. The Committee further supports OSLDPS’ efforts to work with the States

and the District of Columbia to develop individual comprehensive

plans and strategies which assess their threats and risks and identify their requirements in the areas of equipment, training, exercises, and technical assistance.

These comprehensive plans will provide useful guidance to

OSLDPS, other key Federal agencies, and the Congress on existing

risks and threats and the current resource requirements of the

States, the District of Columbia, and the nation. These comprehensive plans must be in place before OSLDPS may further distribute

available resources to a given State or the District of Columbia.

For the continuation of the programs and activities of OSLDPS,

a total of $257,500,000 is recommended, of which $6,600,000 may

be used for associated management and administrative expenses,

including support for up to 63 full time equivalent (FTE) positions.

This level of support is necessitated by OSLDPS’ requirement to

work directly with the States and the District of Columbia to respond to the training and technical assistance needs identified in

the comprehensive plans and strategies currently under development, to fulfill the requirements of the Nunn-Lugar-Domenici Domestic Preparedness Program, and to implement and deliver a national-scope State and local exercise program.

Of the amount recommended, funds shall be distributed as follows:
64

National Domestic Preparedness Consortium.—A total of

$35,000,000 is recommended for the continued training efforts

under OSLDPS’ National Domestic Preparedness Consortium. Such

training is to be provided under the direction of the Office for State

and Local Domestic Preparedness Support to ensure a fully-coordinated and integrated national training program. This effort will enable OSLDPS to expand this critically needed training to address

the priorities as determined by the Statewide Domestic Preparedness Strategic Plans begun in fiscal year 2000 as a requirement of

OSLDPS’ equipment block grant program. Of the $35,000,000 recommended, funds shall be allocated among the Consortium’s members as follows: (1) $7,000,000 to the Texas Engineering Extension

Service of the Texas A&M University, (2) $4,500,000 to the Energetic Materials Research and Test Center of the New Mexico Institute of Mining and Technology, (3) $3,500,000 to the Academy of

Counterterrorist Education at the Louisiana State University, (4)

$4,500,000 to the U.S. Department of Energy’s National Exercise,

Test, and Training Center, Nevada Test Site, and (5) $15,000,000

for OLSDPS’ Center For Domestic Preparedness at Ft. McClellan,

AL.

Exercises are a critical element in preparing State and local public safety personnel to respond to incidents of domestic terrorism

involving weapons of mass destruction (WMD). Exercises provide a

jurisdiction with a rare opportunity to forge and solidify partnerships among those public safety disciplines that will be required to

work together when responding to a WMD incident. There is no

substitute for practice when it comes to the preparedness of our nation to respond to a WMD terrorist incident. The Committee directs

OSLDPS to establish the Center for Exercise Excellence at the Department of Energy’s Nevada Test Site (NTS). The NTS’ extensive

physical plant can simulate rural, urban, and suburban environments and has the capability to use industrial chemicals and

simulants during exercises. NTS will allow OSLDPS to train jurisdictions in the planning and conduct of exercises, tailored to the

unique threats they face as determined by their participation in the

State’s strategic planning efforts. The Center will provide OSLDPS

a critically needed new component of its overall training program

to meet those special exercise needs as the States define their exercise priorities.

Domestic Preparedness Equipment Grants.—A total of

$120,000,000 is provided for equipment block grants to the States

and District of Columbia to enable these jurisdictions to purchase

specialized equipment required to respond to terrorist incidents involving chemical, biological, radiological, and explosive weapons of

mass destruction. This represents a significant increase over the

administration’s request of $78,000,000. The Committee fully supports the position that our nation’s success in responding to a

WMD terrorist incident is dependent on the ability of local and

State response personnel to respond in the critical first hours of an

event. The availability of the necessary protective equipment, detection technology, decontamination equipment, and specialized

communications equipment for the first response personnel in our

cities and towns is a critical priority. The increase for this program

will enable the States to strategically plan and be more responsive
65

to the needs of the nation’s fire, Emergency Medical Service, law

enforcement and emergency management agencies. It will also provide resources to enable our localities to acquire state-of-the-art

equipment as our investments in technology development bring

new and improved technologies to the market.

States receiving domestic preparedness equipment grant funds

are directed to provide at least 80 percent of those funds to local

communities with the greatest need, based on the State’s review of

the data provided by localities which documents their specific

threats, vulnerabilities, needs and capabilities. Further, the Committee reiterates its past guidance that these resources are to be

used to meet the needs of the States and the District of Columbia

based on the comprehensive plans currently being developed, and

that no funds will be available to States and localities without an

approved plan.

Of those funds available for Domestic Preparedness Equipment

Grants, up to $2,000,000 shall be made available for the continued

support of the Domestic Preparedness Equipment Technical Assistance Program—a partnership between OSLDPS and the Pine Bluff

Arsenal. Under this program, jurisdictions receiving Domestic Preparedness Equipment Grant funds are eligible to receive training

and technical assistance on the use, maintenance, repair, and calibration of equipment acquired under the Equipment Grant Program.

The Committee supports the Department’s efforts to establish

the Virtual Medical Campus to support national medical preparedness and readiness against weapons of mass destruction and similar events. This effort will provide education, training, and certification for disaster-related events and facilitate coordination of Federal, State and local planners for disaster event management. The

Committee supports follow-on funding of this initiative in fiscal

year 2001 if warranted.

State and Local Domestic Preparedness Exercise Grant Program.—The Committee recognizes and appreciates the role that realistic situational exercises play in any effort to better prepare

State and local jurisdictions and their emergency response agencies

to respond to incidents of domestic terrorism. Such exercises provide State and local agencies a means to integrate and test their

training and response plans and to extract valuable lessons for future action. A total of $8,000,000 is provided to enable OSLDPS to

provide grants to State and local jurisdictions to assist them in the

planning and conduct of tailored exercises to enhance their response capabilities and to test their response plans. These grants

will only be provided to States with an approved statewide strategic domestic preparedness plan. The selection of participating jurisdictions will be coordinated with the States to only support exercises in those jurisdictions identified in the States’ plans as most

in need of an exercise.

TOPOFF II.—The Committee commends the planners and participants of TOPOFF, the largest counterterrorism exercise in

United States history. State and local first responders, Federal departments and agencies, and their top officials cooperated in an unprecedented effort to demonstrate our decision-making and re-
66

sponse capabilities. It forced top officials to make decisions in situations fraught with chaos and mass casualties.

TOPOFF and exercises like it send a clear message to domestic

and international terrorists: that the United States will not be passive about protecting its people and other interests. The Committee

directs OJP to report on the objectives of this exercise, how well

these objectives were met, and what was learned from this exercise. The report should include written assessments from the localities and States involved. The report should be provided to the

Committees on Appropriations no later than December 1, 2000.

TOPOFF represents a tremendous step towards enhanced coordination of our efforts to combat terrorism. It demonstrated that individual agencies and departments have the personnel, expertise,

and resources to contribute to the overall mission of combating terrorism. But there is still much to be done. While individual agencies expertly performed their tasks, there was a noticeable absence

of an overarching national strategy.

TOPOFF marked the first time agency and department heads

were asked to join with State and local response teams to work

through a live exercise at multiple sites. This included responders

and senior officials at each echelon of government (e.g., fire, law

enforcement, public health). The fact that cooperation among Federal, State and local entities is just beginning to occur is a testament to the need for a single leader with the authority and jurisdiction to manage this cross-cutting national threat. The Committee believes that a comprehensive national strategy including

integrated classified and unclassified plans and the leadership to

implement the strategy are needed.

The Committee believes that the Nation will benefit from regular

exercises. In order to ensure that the collective national preparedness, as tested for the first time by TOPOFF, is continuously improved and departments and agencies know their roles and responsibilities, a Department of Justice-led national-level exercise series

shall be instituted.

This series of exercises, capitalizing on the lessons of TOPOFF,

should include a regularly scheduled sequence of increasingly challenging exercise building blocks. This exercise cycle should

strengthen preparedness through issue-oriented seminars, tabletop

exercises, and command post exercises culminating in a bi-annual,

national, full-scale TOPOFF exercise. It will feature the participation of key top officials at the Federal, State, and local levels. Each

of the preliminary elements of this program will contribute to the

design and planning of the TOPOFF full-scale exercise. This series

of exercise components will also improve ‘‘crisis resistance’’ through

opportunities to measure plans, policies and procedures required to

effective respond to a WMD terrorist incident.

The Committee recommends $5,000,000 for the planning, execution, and analysis of TOPOFF II, which is to be completed by the

end of fiscal year 2002. This exercise will support the national

strategy to combat terrorism, and include events which, like

TOPOFF and NCR 2000, assess the Nation’s crisis and consequence management capacity. It will include the involvement of

Federal, State, and local top officials. The lead agency for TOPOFF

II will be the Department of Justice, and the exercise will be de-
67

signed, developed and executed by the DOJ’s Office for State and

Local Domestic Preparedness Support. All agencies with responsibility for combating terrorism are invited to participate.

Other Training.—A total of $5,500,000 is made available to the

Office for State and Local Domestic Preparedness Support to meet

continued, ongoing, training needs of State and local jurisdictions.

The Committee is also aware of other training efforts, such as the

State and Local Antiterrorism Training (SLATT) Program, currently conducted by OJP component agencies which are directly related to domestic preparedness. The Committee directs that all

such programs shall be administered by the OSLDPS to ensure coordination of activities and to minimize the potential for confusion

and conflicting training. Within OSLDPS, the Committee recommends $1,000,000 to continue the SLATT Program as an integral element of its training program. Also, the Committee recommends that $500,000 be provided to

support a domestic preparedness training program to be conducted

in conjunction with the 2001 World Police and Fire Games to be

held in Indianapolis, Indiana in June 2001. The purpose of the program is to share concepts and procedures in the area of preventing

and responding to terrorism. OSLDPS is directed to work closely

with the organizing committee for the 2001 games to develop this

initiative.

Technical Assistance.—A total of $8,000,000 is recommended for

OSLDPS to provide a continuing program of technical assistance to

States, the District of Columbia, and local jurisdictions in order to

enhance their capabilities to better plan for and respond to incidents of domestic terrorism. Specific priorities should include technical assistance to the States to refine their Statewide Domestic

Preparedness Equipment Strategies and assist State and local jurisdictions in the planning for and conducting of tailored local and

regional exercises.

Nunn-Lugar-Domenici Domestic Preparedness Program.—On

April 6, 2000, the President, pursuant to Section 1412(a)(2) and

Section 1415(d) of Public Law 104–201, ‘‘the National Defense Authorization Act for Fiscal Year 1997,’’ transferred responsibility for

the authorities contained in Section 1412 and Section 1415 of that

law (Public Law 104–201), from the Secretary of Defense to the Attorney General. Collectively, these sections are more commonly

known as the Nunn-Lugar-Domenici Domestic Preparedness Program. Under the President’s designation, the Attorney General’s

responsibility for this program begins on October 1, 2000. The

Committee directs the Department of Justice to designate OSLDPS

as the administering agency for this program and that all program

activities shall be under the direct administration of the Director,

OSLDPS and that all staff for this program shall be located in

Washington, DC.

Under its Section 1412 authorities, the Nunn-Lugar-Domenici

Domestic Preparedness Program charges the Federal Government

with providing civilian personnel of Federal, State, and local agencies with training and expert advice regarding emergency responses to the use or threatened use of weapons of mass destruction or related materials. Under its Section 1415 authorities, the

Nunn-Lugar-Domenici Domestic Preparedness Program charges the
68

Federal Government with developing and carrying out a program

for testing and improving the responses of Federal, State, and local

agencies to emergencies involving biological weapons, chemical

weapons, and related materials. Overall, the objective of this program is to enhance the capabilities of State and local jurisdictions,

as well as Federal agencies, to respond to incidents of domestic terrorism involving weapons of mass destruction.

The transfer of this program from the Department of Defense to

the Department of Justice provides the opportunity to more efficiently provide assistance to State and local jurisdictions by integrating these efforts into current State and local domestic preparedness programs and activities of OSLDPS. Such a consolidation will enhance the training and preparation of the nation’s emergency response community for terrorist incidents involving weapons of mass destruction. The Committee understands that a comprehensive plan for the transition and integration of the NunnLugar-Domenici Domestic Preparedness Program has been prepared by OSLDPS.

For the continued administration and implementation of the

Nunn-Lugar-Domenici Domestic Preparedness Program as detailed

in Section 1412 and Section 1415 of Public Law 104–201, a total

of $31,000,000 is recommended to OSLDPS. This effort includes the

emergency responder training activities authorized under Section

1412(e)(1), the ‘‘improved response’’ activities authorized under Section 1415(a)(1), and the ‘‘exercise activities,’’ otherwise known as

the ‘‘Federal, State and local’’ or ‘‘FSL’’ exercises, authorized under

Section 1415(a)(2). The State and local ‘‘hot line’’ activities authorized under Section 1412(e)(2) shall be administered by the NDPO.

Coordination with Department of State.—The Committee recognizes the dual nature of OSLDPS domestic preparedness program

activities in relation to enhancing our Nation’s ability to respond

to WMD terrorism internationally as well as domestically. The

Committee directs OSLDPS to work jointly with the Department of

State to prepare a comprehensive study on our response to both a

domestic and international WMD terrorist incident. This effort

should include how the United States would provide support to

other countries experiencing one or more WMD incidents and how

to ensure that prepositioned assets located outside the continental

United States (CONUS) could be readily available if an incident occurred within CONUS.

Research and development.—The Committee is aware of the

great need for research, development, testing, and evaluation

(RDT&E) of equipment and concepts used in combating terrorism.

The Committee directs that programs currently administered by

the DOJ National Institute for Justice Office of Science and Technology for the development of combating terrorism technology be

transferred to the DAG/NSI, and that the DAG/NSI work with the

Oklahoma City National Memorial Institute for the Prevention of

Terrorism (MIPT), the Dartmouth Institute for Security Technology

Studies (ISTS), the Technical Support Working Group (TSWG), and

other entities charged with combating terrorism to create a process

which follows the Department of Defense’s system of RDT&E. This

should be a pilot program which can be applied to any and all efforts to combat terrorism. The Committee recommends $100,000 for
69

this effort. An implementation plan should be provided to the Committees on Appropriations by December 30, 2000.

MIPT and ISTS.—The Committee recommends $18,000,000 for

MIPT and $18,000,000 for ISTS. The mission of MIPT is to deter

and prevent domestic terrorism and to mitigate the results should

it occur. ISTS serves as a center for counterterrorism technology

RDT&E with a particular focus on cyber-security and the protection of telecommunications and critical information infrastructure.

The Committee directs that up to $4,000,000 be used by MIPT to

support the development of performance standards in a biological

and chemical environment for respirators and personal protective

garments. MIPT shall coordinate this initiative with all appropriate Federal agencies, such as the National Institute for Occupational Safety and Health (NIOSH), the Occupational Safety and

Health Administration (OSHA), and the National Institute of

Standards and Technology (NIST). Other non-governmental organizations should be included as is deemed necessary by MIPT. The

DAG/NSI may execute the necessary Memorandum of Agreement

with these Federal agencies to develop the required performance

standards. The DAG/NSI shall submit a plan for the development

of these performance standards no later than June 1, 2001. The

plan shall include a detailed task schedule and options for live

agent testing of this equipment against the developed standards.

Distance Learning Network.—Last year the Committee encouraged OJP to collaborate with the National Guard to make use of

their Distance Learning Network. The purpose of this effort was to

deliver training programs and capitalize on investments made by

the Department of Defense. The Committee has not observed any

progress on this effort. The Committee directs the DAG/NSI to

work with the Director of the National Guard to achieve these

goals.

Standardization.—The Committee applauds the FBI’s efforts towards standardization of WMD equipment. Various types of equipment are identified, researched, developed, tested, and evaluated

by manufacturers as well as by the TSWG and other entities

charged with combating terrorism. The Committee believes that

this mission is critical to the safety of first responders and the accomplishment of their mission. This effort should not be influenced

by the desire of manufacturers to generate income.

The Committee reiterates that the purpose of the MIPT and the

ISTS is to research, develop, test, and evaluate technologies to combat terrorism. The Committee directs these two organizations to

work with the TSWG and the DAG/NSI to develop and implement

a new process whereby WMD equipment is standardized. The lead

office in this effort shall be the DAG/NSI, who will ensure RDT&E

standardization efforts are unified among all entities charged with

combating terrorism. An implementation plan should be provided

to the Committees on Appropriations by May 30, 2001.

Prepositioned equipment.—The Committee is aware that the unfunded requirement for equipment can never be completely addressed. Therefore, the Committee directs that prepositioned equipment be configured and placed in strategic locations that have been

determined as a result of the threat assessment. This equipment

should be configured in a form that is transportable by the Na-
70

tional Guard. Each pod should have a standardized set of equipment as determined by DAG/NSI. A pod should be provided for

training to the Texas Engineering Extension Service of the Texas

A&M University. Three other pods should be developed from offthe-shelf equipment. These pods should be prepositioned in secure

National Guard facilities where there is an existing Community

Support Team (CST). This equipment is specifically for first responders and not the CST. The Committee recommends $7,400,000

for this effort.

Joint interoperability of communications.—The Committee commends the efforts of the Arapahoe County Sheriffs Office for implementing TRP 1000 in the TOPOFF exercise. This device allowed

Federal, State, and local official to communicate within one system.

The Committee directs that the prepositioned equipment within

each pod should include a TRP–1000 or a similar device.

Management and administration.—The Committee recommendation provides $40,125,000 for the management and administration

[M&A] of the Office of Justice Programs. In addition, funding will

be provided from transfers from the ‘‘Juvenile justice’’ account and

from the ‘‘State and Local Assistance’’ account for the administration of grants under these activities.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2000 ............................................................................. $2,828,950,000

Budget estimate, 2001 ........................................................................... 1,662,200,000

House allowance .................................................................................... 2,823,950,000

Committee recommendation ................................................................. 1,475,254,000

The Committee recommends an appropriation of $1,475,254,000. This recommendation is $186,946,000 below the budget request.

These funds provide assistance to State and local governments in

their drug control and other law enforcement efforts as follows:

Office of Justice Programs—State and local law enforcement assistance

Committee

recommendation

Local law enforcement block grant ....................................................... $400,000,000

Boys and Girls Clubs ...................................................................... (70,000,000)

Law Enforcement Technology ........................................................ (20,000,000)

State Prison Grants ............................................................................... 76,000,000

Cooperative agreement program ................................................... (35,000,000)

Indian Country ............................................................................... (34,000,000)

Offender Reentry ............................................................................ (7,000,000)

State Criminal Alien Assistance Program (SCAAP) ........................... 50,000,000

Indian tribal courts program ................................................................ 5,000,000

Byrne grants:

Discretionary ................................................................................... 52,000,000

Formula ........................................................................................... 400,000,000

Drug courts ............................................................................................. 40,000,000

Juvenile accountability incentive block grant ..................................... 100,000,000

Violence Against Women Act programs ............................................... 284,854,000

Substance abuse treatment for state prisoners ................................... 63,000,000

Safe Return Program ............................................................................. 900,000

Law enforcement family support programs ......................................... 1,500,000

Senior citizens against marketing scams ............................................ 2,000,000

Total, State and local law enforcement assistance .................. 1,475,254,000

Local law enforcement block grant.—The Committee recommendation includes $400,000,000 to continue the local law en-
71

forcement block grant program which provides grants to localities

to reduce crime and improve public safety. Of the amounts provided, $20,000,000 will be provided to NIJ to assist local units to

identify, select, develop, modernize, and purchase new technologies

for use by law enforcement. The recommendation for funding for

the local law enforcement block grant continues the commitment to

provide local governments with the resources and flexibility to address specific crime problems in their communities.

Boys and Girls Clubs.—Within the amounts provided for the

local law enforcement block grants, the Committee recommends

$70,000,000 for the Boys and Girls Clubs. The Committee commends Boys and Girls Clubs of America for its effort to reach all

children who are in need of support and affirmation. Within the

amounts provided for Boys and Girls Clubs, $20,000,000 is for the

hiring of teachers and other personnel; procurement of goods and

services, including computer equipment; or such other purposes as

are approved by the Attorney General. This funding will provide

youth with access to technology and technology training during

after-school hours, weekends, and school vacations. The Committee

is aware that $20,000,000 in matching funds from private sources

has been offered to the Boys and Girls Clubs for this effort and,

therefore, the $20,000,000 provided by the Committee is contingent

on the Boys and Girls Clubs securing documented commitments

from those entities of at least $15,000,000 before the Committee’s

matching contribution is rendered. This amount should be formulated from the cost of equipment provided.

Within the amounts provided, the Committee recommends the

continuation of the program begun in fiscal year 2000 conducting

Internet education directed toward targeted States. The content

and research of this program is provided through the Center for

Missing and Exploited Children which is developing a national

Internet safety curriculum which will be disseminated to schools

and youth-serving organizations across the United States.

State prison grants.—The recommendation provides $76,000,000

for the State Prison Grant Program, which is $1,000,000 above the

budget request. Within the amounts provided, $35,000,000 is for

the Cooperative Agreement Program, $34,000,000 for Indian tribes,

and $7,000,000 is for technical assistance to communities who wish

to address their offender reentry needs. The Committee is aware of

the public safety issues generated by the increasing number of offenders who have served their sentences and are returning from

jails and prisons to our communities. This funding attempts to give

municipalities the assistance they need to address their own offender reentry issues.

State Criminal Alien Assistance Program.—The recommendation

provides $50,000,000 for the State Criminal Alien Assistance Program [SCAAP] for the reimbursement to States for the costs of incarceration of criminal aliens. The Committee will also entertain a

reprogramming request from the Department on this important

issue addressing funding or administration requirements.

Indian Tribal Courts Program.—The Committee recommendation

provides $5,000,000 to assist tribal governments in the development, enhancement, and continuing operation of tribal judicial sys-
72

tems by providing resources for the necessary tools to sustain safer

and more peaceful communities.

Edward Byrne Grants to States.—The Committee recommendation provides $452,000,000 for the Edward Byrne Memorial State

and Local Law Enforcement Assistance Program, of which

$52,000,000 is for discretionary grants and is $400,000,000 for formula grants.

Within the amount provided for formula grants, the Committee

expects the Bureau of Justice Assistance [BJA] to provide:

—$15,000,000 for Project HomeSafe for safety packets which include a gun locking device and information on how to handle

and store guns safely. These safety packets are distributed by

the foundation at no charge to any municipality that adopts

the program. This year the program will supply nearly 500,000

gunlocks to cities and States around the country. The committee recommendation shall be used to supplement current

funding and allow the foundation to provide over 8,000,000 gun

locks to municipalities in fiscal year 2001. The Committee is

very concerned about incidents of children gaining access to a

handgun, rifle, or shotgun in the home and either harming

themselves or someone else. The Committee is aware that at

least 80 percent of new guns sold in the United States are

equipped with gunlocks, however, there are millions of guns already on the streets that are not so equipped and a danger to

children. The Committee encourages municipalities to take advantage of this initiative.

Within the amount provided for BJA discretionary grants, the

Committee expects the Bureau of Justice Assistance to provide:

—$4,500,000 for the National Crime Prevention Council to continue and expand the National Citizens Crime Prevention

Campaign [McGruff];

—$150,000 for the Ottawa County, MI, Sheriff’s Department to

support crime scene investigations, processing, and investigative work;

—$750,000 to Sam Houston State University and Mothers

Against Drunk Driving for the National Institute for Victims

Studies;

—$1,000,000 for the Tools for Tolerance Program;

—$500,000 for the Littleton Area Learning Center;

—$4,500,000 for the Executive Office of U.S. Attorneys to support the National District Attorneys Association’s participation

in legal education training at the National Advocacy Center;

—$550,000 to the Haymarket Center’s Alternatives to Incarceration Program in Chicago, IL;

—$2,000,000 for continued support for the expansion of Search

Group, Inc. and the National Technical Assistance and Training Program to assist States, such as West Virginia, to accelerate the automation of fingerprint identification processes;

—$2,000,000 for the Youth Safe Haven program;

—$3,500,000 to continue and expand the Drug Abuse Resistance

Education [DARE AMERICA] program. Within available funds

an emphasis should be placed on expanding into middle

schools;
73

—$3,000,000 for the ‘‘Innovative Partnerships for High Risk

Youth’’ demonstration; —$7,500,000 for the Youth ChalleNGe Program;

—$2,500,000 for the Families and Schools Together (FAST) program; —$2,000,000 for an Achievable Dream program, in Newport

News, VA; —$1,500,000 for Project Return in New Orleans, LA;

—$3,000,000 for the Alaska Native Justice Center;

—$400,000 for the Ridge House in Reno, NV;

—$3,000,000 for a grant to the National Center for Justice and

the Rule of Law at the University of Mississippi School of Law

to sponsor research and produce judicial education seminars

and training for judges, court personnel, prosecutors, police

agencies, and attorneys; —$350,000 for a grant to the Turtle Mountain Community College’s Department of Justice for ‘‘Project Peacemaker’’; —$300,000 for the Chattanooga Endeavors program;

—$750,000 for a grant to the University of Kentucky College of

Law for teleconferencing equipment for prosecutor training; —$1,000,000 for the Fels Center at the University of Pennsylvania for a demonstration fellowship project; —$1,400,000 for rural alcohol interdiction, investigations, and

prosecutions in the State of Alaska; —$150,000 for the MUSC Innovative Alternatives for Women

program; —$1,000,000 for the Nevada National Judicial College; and

—$3,000,000 for a grant for the National Fatherhood Initiative.

The Committee supports the national motor vehicle title information system, authorized by the Anti-Car Theft Improvement Act.

The Committee is aware that the program has sufficient carryover

balances to cover fiscal year 2001 expenditures. The Committee

looks forward to working with this program in future fiscal years.

Within available resources for Byrne discretionary grants, BJA is

urged to review proposals, and provide grants if warranted, to the

Alaska Federation of Natives and the Alaska court system for an

alcohol law offenders program using Naltrexone and other drug

therapies.

Drug courts.—The Committee recommends $40,000,000 for drug

courts. The Committee notes that localities can also access funding

for drug courts from the Local Law Enforcement Block Grant and

Juvenile Accountability Block Grant.

The Committee recognizes there are currently over 480 drug

courts in the United States. These drug courts play an important

role in controlling the behavior and drug addiction of drug-using offenders across the Nation. Among these courts, the Committee

notes there are only three comprehensive drug court systems in the

country, one of which is in Denver, Colorado. Denver’s adult drug

court was established in 1994 and recently a juvenile drug court

was established. The Committee recognizes the Denver concept has

demonstrated its efficacy and, with sufficient resources, could serve

as a model for other drug courts. Therefore, the Committee requests the Drug Courts Program Office, Office of Justice Programs,

to provide additional support for the Denver Drug Courts and iden-
74

tify ways to disseminate information about their concept and impact to support other court systems across the country.

Juvenile accountability incentive block grant.—The Committee

recommends $100,000,000 for the Juvenile Accountability Incentive

Block Grant Program to address the growing problem of juvenile

crime by encouraging accountability-based reforms at the State and

local level. The Department has established guidelines for the implementation of the juvenile accountability incentive block grant.

Violence Against Women Act programs.—The Committee recommends $284,854,000 for grants to support the Violence Against

Women Act. Grants provided under this recommendation are for

the following programs:

Violence Against Women Act programs

Committee

recommendation

General formula grants ......................................................................... $207,554,000

Civil Legal Assistance .................................................................... (28,000,000)

National Institute of Justice .......................................................... (5,200,000)

OJJDP-Safe Start Program ........................................................... (11,000,000)

Violence on College Campuses ...................................................... (11,000,000)

Grants to encourage arrest policies ...................................................... 33,500,000

Rural domestic violence ......................................................................... 24,500,000

Training programs ................................................................................. 4,900,000

Victims of child abuse programs:

Court appointed special advocates (CASA) .................................. 11,500,000

Training for judicial personnel ...................................................... 2,000,000

Grants for televised testimony ...................................................... 900,000

Total, VAWA programs .............................................................. 284,854,000

The fiscal year 2001 funding will be used to develop and implement effective arrest and prosecution policies to prevent, identify,

and respond to violent crimes against women, strengthen programs

addressing stalking, and provide much needed victims services.

This includes specialized domestic violence court advocates who obtain protection orders. In addition, programs should be strengthened to encourage reporting of domestic violence by providing assurances that law enforcement and attorney support systems would

be available. This funding is to be distributed to States to significantly enhance the availability of services, prosecutors, and law-enforcement officials to women and children who are subjected to domestic violence. From within the amounts provided for VAWA programs the Committee recommends: $1,500,000 for Operation Child

Haven; and $150,000 for the Samantha Reid Foundation.

Violence on college campuses.—Within the general formula

grants, the Committee recommends $11,000,000 for a discretionary

grant program for institutions of higher learning to strengthen security and investigation efforts to combat violent crime against

women on campuses. These institutions may enter into partnerships with local criminal justice organizations and victim services

agencies to establish and administer a plan which may include increased personnel, training, technical assistance, data collection,

and improved protocol development.

Within the funding for Grants to Encourage Arrest Policies, the

Committee recommendation includes $400,000 for the Domestic Violence Services for Women in Substance Abuse Treatment and Substance Abuse Treatment for Women in Domestic Violence Shelters
75

project at the University of Northern Iowa. Within the funding for

Rural Domestic Violence the Committee recommendation includes

$500,000 for the Sunflower House in Shawnee, KS.

Substance abuse treatment for State prisoners.—The Committee

recommends $63,000,000, for the Residential Substance Abuse

Treatment Program for State Prisoners [RSAT]. The RSAT Program provides financial and technical assistance to assist State and

local governments in developing and implementing residential

treatment programs within State and local correctional and detention facilities in which inmates are incarcerated for a period of time

sufficient to permit substance abuse treatment. Consistent with the

authorizing statute, States must agree to require drug testing of individuals enrolled in the treatment program and give preference to

projects that assist in the placement of program participants with

community-based aftercare services, such as parole supervision,

education and job training, and halfway houses. These aftercare

programs cannot be funded with RSAT grant dollars.

Safe Return Program.—The Committee recommends $900,000 to

continue and expand training of law enforcement and other emergency response personnel to locate missing Alzheimer patients.

Law enforcement family support programs.—The Committee recommendation provides $1,500,000 for this program to assist Federal, State, and local law enforcement agencies in developing and

implementing policies and programs to reduce stress and provide

appropriate support services for law enforcement officers and their

families.

Senior citizens against marketing scams.—The recommendation

provides $2,000,000 for this program to assist law enforcement in

preventing and stopping marketing scams against the elderly. The

Committee requests that some program sessions be held at the National Advocacy Center. Also, the Committee directs that this effort

be coordinated with the Federal Trade Commission. Within the

amounts made available under this heading, OJP shall make an

award of $250,000 to the Hampshire County, MA, TRIAD project.

WEED AND SEED PROGRAM

The Committee recommends an appropriation of $40,000,000.

The recommendation is $2,000,000 below the budget request. Within the amounts provided, the Committee directs the Weed and Seed

Office to provide $250,000 to the Gospel Rescue Ministries.

The Committee also recommends bill language, similar to that

included in previous fiscal years, making funds available for grants

or agreements with State agencies or to reimburse Federal agencies in order to execute the weed and seed strategy, and also allows

for the use of other Department of Justice funds to support the

Weed and Seed Program.

COMMUNITY ORIENTED POLICING SERVICES

VIOLENT CRIME REDUCTION PROGRAMS

Appropriations, 2000 ............................................................................. $595,000,000

Budget estimate, 2001 ........................................................................... 1,335,000,000

House allowance .................................................................................... 595,000,000

Committee recommendation ................................................................. 812,025,000
76

The Committee recommends an appropriation of $812,025,000. The recommendations is $522,975,000 below the budget request.

The Committee recognizes the need for law enforcement funding

not only for hiring police officers, but also for equipment and technology. For this reason, the funding provided by the Committee is

distributed as described below. COPS funds may be used to hire

police officers as currently allowed under the Universal Hiring Program. Equipment that may be purchased with these funds is described in more detail below. COPS funds may also be used to fund

grants to local, county, and State law enforcement agencies for

technology. Technology that may be purchased with these funds includes, but is not limited to: computer hardware and software, mobile data units, communications technology, radios, and dispatch

equipment. Technology funds used to procure communications technology shall be for the purchase of equipment that is in accordance

with an applicable statewide strategy through which a State intends to achieve full interoperability of its communications systems. Computer hardware and software, including mobile data

units, purchased with COPS funds shall meet statewide standards

for information integration if applicable. Grants for equipment and

technology shall not be contingent upon showing their effect on the

numbers of police officers on the beat in a community. In addition,

grants for equipment and technology, excluding the funding specifically delineated below, shall require a 25 percent match from the

grant recipient unless the Attorney General determines that the

agency does not have the means to provide such a match. The

Committee recommends that the Attorney General maintain the

simple, short application process for these grants as is currently

used for Universal Hiring Program grants.

The funds provided by the Committee for assistance to State and

local law enforcement agencies are as follows:

Police Hiring Initiatives.—Funds have been provided since fiscal

year 1994 to support grants for the hiring of 100,000 police officers,

a goal that was attained in May of 1999. The Committee recommends $423,000,000 for police hiring initiatives as follows:

$180,000,000 for school resource officers; $183,000,000 from direct

appropriations for the universal hiring program (UHP);

$20,000,000 from unobligated carryover balances from the fiscal

year 2000 universal hiring program to continue to be used for

UHP; and $40,000,000 for Indian Country.

Safe Schools Initiative (SSI).—The Committee continues to be

concerned about the level of violence in our children’s schools. To

address this issue, $230,000,000 is provided for the continuation of

the Safe Schools Initiative (SSI), including funds for technology development, prevention, community planning, and school safety officers. Within this total, $180,000,000 is from the COPS hiring program to provide school resource officers who will work in partnership with schools and other community-based entities to develop

programs to improve the safety of elementary and secondary school

children and educators in and around schools; $15,000,000 is from

the Juvenile Justice At-Risk Children’s Program and $15,000,000

is from the COPS program ($30,000,000 total) for programs aimed

at preventing violence in schools through partnerships with schools

and community-based organizations; $20,000,000 is provided from
77

the Crime Identification Technology Program to the NIJ to develop

technologies to improve school safety.

Indian Country.—The Committee recommendation includes

$40,000,000 to be used to improve law enforcement capabilities on

Indian lands and native villages, both for hiring uniformed officers,

including village public safety officers, and for the purchase of

equipment and training for new and existing officers.

Management and Administration.—The Committee recommendation includes a provision that provides that not to exceed

$29,825,000 shall be expended for management and administration

of the program.

Non-Hiring Initiatives.—The Committee is aware that the COPS

program reached its goal of funding 100,000 officers in May of

1999. Having reached its original goal, the Committee wants to ensure there is adequate infrastructure for the new police officers,

similar to the focus that has been provided Federal law enforcement. The Committee believes this will enable police officers to

work more efficiently, equipped with the protection, tools, and technology they need: to address crime in and around schools, to provide law enforcement technology for local law enforcement, to combat the emergence of methamphetamine in new areas and provide

policing of ‘hot spots’ of drug market activity, and to provide bullet

proof vests for local law enforcement officers and correctional officers. Specifically, the Committee directs the program to use

$358,150,000 to fund initiatives that will result in more effective

policing. The Committee believes that these funds should be used

to address these critical law enforcement requirements and directs

the program to continue the following non-hiring grant programs:

1. COPS Technology Program.—The Committee provides

$100,000,000 to be used for continued development of technologies

and automated systems to assist State and local law enforcement

agencies in investigating, responding to, and preventing crime. In

particular, there is recognition of the importance of the sharing of

criminal information and intelligence between State and local law

enforcement to address multi-jurisdictional crimes. Funds not otherwise obligated for COPS technology grants shall be distributed in

accordance with the guidance provided at the beginning of this section. The COPS office is directed to confer with the Committees on

Appropriations and provide a report by February 1, 2001, on the

plan for the expenditure of any unobligated funds.

Within the amounts made available under this program, the

Committee includes the expectation that the COPS office will

award grants for the following technology proposals:

—$5,000,000 to the National Center for Missing and Exploited

Children to continue the program created in fiscal year 2000

that provides targeted technology to police departments for the

specific purpose of child victimization prevention and response.

The technology available to our law enforcement to help them

find missing children is not at the level it needs to be. Most

police departments across the United States do not have personal computers, modems, and scanners. The departments that

do, rarely have them in areas focusing on crimes against children;
78

—Up to $3,000,000 for the acquisition or lease and installation

of dashboard mounted cameras for State and local law enforcement on patrol. One camera may be used in each vehicle which

is used primarily for patrols. These cameras are only to be

used by State and local law enforcement on patrol;

—$800,000 for a grant to the National Center for Victims of

Crime—INFOLINK;

—$2,000,000 to the New Jersey State Police for a commercial vehicle and bus inspection program;

—$5,400,000 to allow the Utah Olympic Public Safety Command

to implement the public safety master plan for the 2002 Winter

Olympic Games;

—$400,000 for the Kansas City Community Security Initiative to

continue its efforts to develop community policing models in

Kansas City neighborhoods;

—$250,000 for the establishment of a Computer Crime Unit

within the Montana Board of Crime Control;

—$1,500,000 to the New Hampshire Department of Safety to

support Operation Streetsweeper;

—$400,000 to the Western Missouri Public Safety Training Institute for classroom and training equipment to facilitate the

training of public safety officers;

—$3,500,000 to continue the Consolidated Advanced Technologies for Law Enforcement Program at the University of

New Hampshire and the New Hampshire Department of Safety, in cooperation with the National Resource Center and the

National Institute of Justice;

—$400,000 for a grant to Mountain Village, CO, for public safety

information management systems;

—$500,000 for the Washington State electronic jail booking and

reporting system;

—$4,700,000 for a grant to the City of New York, NY, for antiterrorism security measures related to the investigation and

prosecution of the Nairobi, Kenya, and Dar es Salaam, Tanzania African bombing suspects;

—$850,000 for a grant to the South Carolina Law Enforcement

Division for a high technology crime investigative unit;

—$500,000 for a grant to the National Center for Rural Law Enforcement in Little Rock, AR, to continue providing management education, research, forensics, computer, and technical

assistance and training to rural law enforcement agencies, tribal police, and railroad police throughout the Nation;

—$200,000 for a grant for technology upgrades for the Shreveport, LA, police training range;

—$130,000 for a grant to Jackson County, MS, for public safety

and automated system technologies;

—$1,250,000 for grants to the Bennington, Brattleboro, Newport,

Montpelier, and Winooski, VT, for police technology systems

and equipment;

—$90,000 for a grant to Oakland County, MI, for a shooting simulator for law enforcement training;

—$1,200,000 for a grant to Billings, MT, for patrol car mobile

data terminals;
79

—$345,000 for a grant to Inglewood, CA, police department for

technology systems; —$850,000 for telecommunications upgrades in rural areas of

Montana to improve law enforcement response times; —$750,000 for a grant to the Macon, GA, Police Department for

technology equipment and software; —$1,000,000 for a voice trunking system in eastern North Carolina; —$1,000,000 for a grant to the North Star Borough for centralized and computer aided dispatch equipment and a study of

needs; —$100,000 for a grant to Monroe County, MI, for a data transmission mechanism for squad cars; —$750,000 for a grant to the State Police of Virginia for computers and related equipment; —$5,000,000 for the Utah Communications Agency Network

(UCAN) for enhancements and upgrades of security and communications infrastructure to assist with the law enforcement

needs arising from the 2002 Winter Olympics; —$250,000 for a grant to Lane County, OR, for an area information records system; —$2,000,000 to the Law Enforcement On-Line Program;

—$200,000 for a grant to Oakland County, MI, for a driving simulator to assist with law enforcement training needs; —$550,000 for a grant to the Clearwater Economic Development

Association to establish an emergency radio communications

system; —$300,000 for grants to Missoula and Billings, MT, for hazardous duty robotic systems; —$200,000 for a grant to the Pawtucket, RI, Police Department

for patrol car mobile data terminals; —$150,000 for a grant to Bolivar County, MS, for public safety

equipment and automated system technologies to improve

county law enforcement;

—$500,000 for a grant to the Maine State Police to upgrade their

police radio system;

—$400,000 for a grant to Huntingdon County, PA, for rural law

enforcement technology needs;

—$2,500,000 for a grant to the Alaska Department of Public

Safety for public safety technology, policing, and enforcement

initiatives;

—$3,026,000 for a grant to the Virginia Department of State Police to enhance domestic preparedness capabilities;

—$250,000 for a grant to Clackamas County, OR, for emergency

communications upgrades;

—$200,000 for a grant to the Easley, SC, Police Department for

policing equipment upgrades and computer enhancements;

—$110,000 for a grant to the Scotts Bluff County, NE, consolidated communications center to improve law enforcement response times;

—$500,000 for a grant to the Vermont State Police for computer

and radio system upgrades and integration;

—$3,000,000 for a grant for the Southeastern Law Enforcement

Technology Center’s Coastal Plain Police Communications ini-
80

tiative for regional law enforcement communications equipment; —$1,300,000 for a grant to the Alaska Department of Public

Safety for the law enforcement photo network; —$250,000 for a grant to the Lawrence, MA, Police Department

for a police identification management system; —$450,000 for a grant to Grand Rapids, MI, for computer equipment for police officer vehicles; —$3,500,000 for a grant to Milwaukee, WI, for communications

infrastructure equipment; —$500,000 for a grant to Nye County, NV, for computer upgrades and other technologies; —$1,000,000 for a grant to the Vermont Department of Public

Safety for mobile communications technology upgrades; —$1,650,000 for a grant to the South Carolina Law Enforcement

Division for critical incidence response technology equipment,

including datamasters; —$500,000 for a grant to Delaware County, IN, to update mobile

data terminals; —$1,100,000 for a grant to Jackson, MS, for public safety and

automated system technologies; —$250,000 for a grant to Deschutes County, OR, for mobile data

and radio communications upgrades; —$1,000,000 for a grant to the City of Paducah and McCracken

County, KY, for a Public Safety Mobile Data System; —$750,000 for a grant to the Arkansas Crime Information Center to address software and hardware requirements; —$1,000,000 for a grant to the City of Seattle and King County,

WA, for technology upgrades and to assist with inter-jurisdictional investigations; —$100,000 for a grant to Burrillville, RI, for an emergency relay

system; —$2,000,000 for a grant to the State of Alaska for the training

of Village Public Safety Officers and the purchase of emergency

response equipment;

—$750,000 for a grant to Madison, WI, for communications upgrades needed to address police radio transmitting capacity

and inter-agency communications;

—$200,000 for a grant to the Yellowstone County, MT, Sheriff’s

office for shooting range technical upgrades;

—$2,000,000 for a grant to Baltimore, MD, for community policing efforts;

—$4,000,000 for a grant to Clark County, NV, to upgrade mobile

and in-vehicle computers;

—$1,900,000 for a grant to the Virginia State Police’s Bureau of

Criminal Intelligence Division for technical equipment;

—$1,000,000 for a grant to the Johnson County, KS, Sheriff’s Department for a countywide public safety radio network;

—$500,000 for a grant to the Montgomery, AL, Police Department for an integrated communications system;

—$400,000 for a grant to the Central Arkansas Resource and

Conservation District for communications equipment;

—$165,000 for a grant to the Bozeman, MT, police department

for high risk activity training equipment;
81

—$220,000 for a grant to St. Clair County, MI, to assist with law

enforcement data needs; —$1,000,000 for a grant to the Alabama Department of Public

Safety for technology and automated systems; and —$5,000,000 for a grant for the continuation of the Southwest

Border States Anti-Drug Information System, which will provide for the purchase and deployment of the technology network between all State and local law enforcement agencies in

the four Southwest border States.

Within the amounts provided, the Committee urges the COPS office to consider funding for the Project Hoosier SAFE–T program,

if warranted.

2. Crime Identification Technology Program [CITA].—The Committee recommends $130,000,000 for the CITA program, to be used

and distributed pursuant to the Crime Identification Technology

Act of 1998, Public Law 105–251. Under that Act, eligible uses of

the funds are (1) upgrading criminal history and criminal justice

record systems; (2) improvement of criminal justice identification,

including fingerprint-based systems; (3) promoting compatibility

and integration of national, State, and local systems for criminal

justice purposes, firearms eligibility determinations, identification

of sexual offenders, identification of domestic violence offenders,

and background checks for other authorized purposes; (4) capture

of information for statistical and research purposes; (5) developing

multi-jurisdictional, multi-agency communications systems; and (6)

improvement of capabilities of forensic sciences, including DNA.

Within the amounts provided, the Office of Justice Programs is directed to provide grants to the following: —$500,000 for a grant to Hamilton County, OH, for a juvenile

case management system and integrated automated fingerprint information system; —$250,000 for a grant to Kalamazoo County, MI, to integrate its

criminal justice system data on-line;

—$100,000 for a grant to Ogden, UT, for public safety and automated system technologies;

—$3,000,000 to the Missouri State Court Administrator for the

Juvenile Justice Information System to enhance communication and collaboration between juvenile courts, law enforcement, schools, and other agencies;

—$1,250,000 for the a grant to the Alaska Department for Public

Safety for the public safety information network;

—$200,000 for a grant to Logan County, OH, to support a regional planning criminal information infrastructure system;

—$4,000,000 to the State Police of NH, for a VHF trunked digital

radio system; and

—$4,000,000 for a grant to the State of Minnesota for a criminal

justice integrated information system.

Safe Schools Technology.—Within the amounts available for

crime identification technology, the Committee recommends

$20,000,000 for Safe Schools technology to continue funding NIJ’s

development of new, more effective safety technologies such as less

obtrusive weapons detection and surveillance equipment and information systems that provide communities quick access to information they need to identify potentially violent youth. Within the
82

amounts provided for Safe Schools Technology, $1,500,000 is for a

competitive grant to a university based technology center to develop a comprehensive, web-based, menu-driven school safety curriculum with components for educators, school staff, parents, students, public safety professionals and concerned citizens, which can

be accessed by the public via the Internet and which is supported

by a training and technical assistance program to facilitate implementation through online and on-site services.

Upgrade Criminal History Records (Brady Act).—Within the

amounts available for crime identification technology, the Committee recommends $33,000,000, for States to upgrade criminal history records so that these records can interface with other data

bases holding information on other categories of individuals who

are prohibited from purchasing firearms under Federal or State

statute. Additionally, the national sexual offender registry [NSOR]

component of the Criminal History Records Upgrade Program has

two principal objectives. The registry assists States in developing

complete and accurate in-State registries. It will also assist States

in sharing their registry information with the FBI system which

identifies those offenders for whom special law enforcement interest has been noted.

DNA Backlog Grants/Crime Laboratory Improvement Program

(CLIP).—Within the amounts available for crime identification

technology, the Committee recommendation includes $30,000,000

for CLIP/DNA Program to support State and local units of government crime laboratories to develop or improve the capability to

analyze DNA in a forensic laboratory, as well as other general forensic science capabilities. Eliminating the DNA convicted offender

backlog should be the program’s first priority. This funding is provided to foster cooperation and mutual assistance among forensic

DNA laboratories within States. Funds should be used for efforts

between Sates that are seeking to match and exchange DNA identification records for law enforcement purposes using the FBI’s combined DNA index system [CODIS]. Within the amounts provided

under CITA, it is expected that the Office of Justice Programs will

provide grants to the following programs: $400,000 to the Southeast Missouri Crime Laboratory; $450,000 to the Rhode Island

State Crime Laboratory; $650,000 to the Georgia State Crime Laboratory; $950,000 for the Iowa Forensic Science Improvement Initiative; $2,500,000 to the South Carolina Law Enforcement Division’s forensic laboratory; $2,500,000 to the Marshall University

Forensic Science program; $5,000,000 to the West Virginia University Forensic Identification Program; $500,000 to the Vermont Forensic Laboratory; $1,900,000 to the National Center for Forensic

Science at the University of Central Florida; $500,000 for the National Academy for Forensic Computing and Investigation in Charlotte, NC; $500,000 for Ohio forensic science laboratory improvements; and $650,000 to the Bellevue, WA, Police Department’s Forensic Services Unit.

The Committee understands that the criminal justice system relies heavily upon forensic science services as an integral part of the

investigative and judicial process, and that the current requirements exceed the current budget and staff. In addition, the forensic

science laboratories are often ill equipped and out of date. The
83

Committee is concerned that these conditions have resulted in serious delays in processing evidentiary materials, risking the credibility of our system of justice. Therefore, the Committee directs

OJP to conduct a study of the funding requirements for the operation of forensic science laboratories given the caseload growth and

backlog. The study should identify the funding needed to address

such issues as laboratory technical equipment, forensic science

training, laboratory accreditation, laboratory information management systems, facilities improvement, and personnel staffing. The

study, however, is not limited to these issues. Within the amounts

provided under CITA, $250,000 is made available to conduct the

study which results are to be provided to the Committee on Appropriations no later than February 1, 2001.

3. COPS Methamphetamine/Drug ‘Hot Spots’ Program.—The

Committee directs $41,700,000 to be used for State and local law

enforcement programs to combat methamphetamine production,

distribution, and use, and to reimburse the Drug Enforcement Administration for assistance to State and local law enforcement for

proper removal and disposal of hazardous materials at clandestine

methamphetamine labs. The funding may also be used for policing

initiatives in ‘hot spots’ of drug market activity. Within the

amounts provided for the Methamphetamine/Drug Hot Spots Program, the Committee expects grants to be made for the following

programs:

—$20,000,000 for the Drug Enforcement Administration to cover

the costs associated with the cleanup and disposal of clandestine methamphetamine laboratories;

—$3,000,000 to the Midwest (Missouri) Methamphetamine Initiative to train and provide related equipment to State and

local law enforcement officers on the proper recognition, collection, removal, and destruction of methamphetamine;

—$3,000,000 to the Kansas Bureau of Investigation to combat

methamphetamine and to train officers in those types of investigations;

—$1,000,000 to the Indiana State Police for a methamphetamine

program to address training, equipment, and removal requirements;

—$250,000 to the State Police of Virginia for an intensified methamphetamine enforcement program;

—$1,000,000 to the Southern Utah law enforcement agencies to

be used to purchase remote methamphetamine detection laboratories to identify infrastructure decay caused by the disposal of hazardous and toxic chemicals from such laboratories;

—$1,000,000 for the Mississippi Bureau of Narcotics to combat

methamphetamine and to train officers on the proper recognition, collection, removal, and destruction of methamphetamine;

—$600,000 for the South Dakota Division of Alcohol and Drug

Abuse to expand its Community Mobilization Project to include

a methamphetamine prevention project;

—$1,000,000 to the State of Illinois to combat methamphetamine

and to train officers in those type of investigations;

—$500,000 for the Merced County California Sheriff’s Department for the Valley Anti-Methamphetamine Campaign;
84

—$800,000 to the State of Idaho to train State and local law enforcement officers in the proper recognition, collection, removal,

and destruction of methamphetamine; —$3,000,000 to the Washington State Methamphetamine Initiative for a comprehensive program to address methamphetamine enforcement, treatment, and cleanup efforts; —$1,000,000 for the Iowa Methamphetamine Clandestine Lab

Task Force; —$1,500,000 for the Arkansas Methamphetamine Law Enforcement Initiative. Of which, $150,000 is for the Arkansas State

Crime Lab to hire three additional chemists and $1,350,000 for

the Arkansas State Police for training, enforcement, and cleanup efforts; —$350,000 to the Nebraska Clan Lab Team for the Nebraska

Methamphetamine Fighting Initiative; —$1,000,000 for the Western Wisconsin Methamphetamine Law

Enforcement Initiative; —$1,000,000 for personnel, equipment, and training for Arizona

law enforcement to combat methamphetamine; —$250,000 for the Nye County, NV, Methamphetamine Initiative; —$800,000 to the Alabama Department of Public Safety to combat methamphetamine production and distribution; —$250,000 for the Hawaii Department of Public Safety, Narcotics Enforcement Division to address methamphetamine diversion, production, distribution, and enforcement efforts; and —$400,000 for the Vermont State Multi-Jurisdictional Drug Task

Force.

4. COPS Safe Schools Initiative (SSI)/School Prevention Initiatives.—The Committee recommends $15,000,000 be used to provide

grants to policing agencies and schools to provide resources for programs aimed at preventing violence in public schools, and to support the assignment of officers to work in collaboration with schools

and community-based organizations to address crime and disorder

problems, gangs, and drug activities. Within the amounts provided

for the Safe Schools Initiative, the Committee expects the COPS office to award grants for the following programs:

—$5,000,000 for training by the National Center for Missing and

Exploited Children for law enforcement officers selected to be

part of the Safe Schools Initiative;

—$750,000 for a grant to the Milwaukee schools’ Summer Stars

program;

—$250,000 for the Sioux Falls, SD, school district to expand an

alternative educational support program for at-risk youth;

—$250,000 for the Safe Schools program at the University of

Montana;

—$500,000 for the Kenosha County, WI, Sheriff’s Department to

address school resource officer needs;

—$500,000 for Berkeley, CA, for an intercom and surveillance

safety system;

—$250,000 for the King County, WA, school resource officer program;

—$750,000 to the University of Louisville Center for the Study

and Prevention of Violence in Urban Schools;
85

—$350,000 for a grant to Bennington, VT, for a teen delinquency

prevention project;

—$1,500,000 for the Youth Advocacy Program;

—$400,000 for the Alaska Community in Schools Mentoring program;

—$750,000 for Compton, CA, for the Youth Center and After

School Initiative;

—$2,000,000 for a grant to the National Center for Rural Law

Enforcement for the school violence research center; and

—$500,000 for the Waukesha, WI, Police Department to address

school resource officer requirements.

5. Bullet-proof Vests Grant Program.—The Committee recommendation includes $26,000,000 to continue this program for

formula grants to States, local governments, and Indian tribes to

be used for the purchase of armored vests for law enforcement officers in the jurisdiction of the grantee.

6. Police Corps.—The Committee recommendation includes

$29,500,000 to continue advanced police education and training in

the Police Corps Program.

JUVENILE JUSTICE PROGRAMS

Appropriations, 2000 ............................................................................. $287,097,000

Budget estimate, 2001 ........................................................................... 289,000,000

House allowance .................................................................................... 287,097,000

Committee recommendation ................................................................. 279,697,000

The Committee recommends an appropriation of $279,697,000.

The recommendation is $9,303,000 below the budget request.

Juvenile justice and delinquency prevention.—The Committee

recommendation includes a total of $271,597,000 for administrative

expenses and grants to States and localities for projects in the

areas of education, research, prevention, and rehabilitation including:

1. $6,847,000 for the Office of Juvenile Justice and Delinquency

Prevention [OJJDP] (Part A).

2. $89,000,000 for formula grants for assistance to State and

local programs (Part B).

3. $42,750,000 for discretionary grants for national programs and

special emphasis programs (Part C).

Within the amounts provided for Part C discretionary grants and

all of the other funds provided under Juvenile Justice programs,

the Committee directs OJJDP to provide the following grants:

—$3,000,000 for Parents Anonymous, Inc., to develop partnerships with local communities to build and support strong, safe

families and to help break the cycle of abuse and delinquency.

To meet the needs of States and organizations who are no

longer affiliated with Parents Anonymous, 10 percent or more

of the funds provided by the Committee may be made available

to the Child Welfare League of America and Prevent Child

Abuse America for distribution in those States that choose not

to use Parents Anonymous services. The Committee directs

that Parents Anonymous travel reimbursements should be

available only for those individuals employed at Parents Anonymous’ headquarters office. Furthermore, overhead costs at the
86

headquarters office are not to exceed 25 percent of available

funding;

—$1,500,000 for continuation of the Center for Research on

Crimes Against Children which focuses on improving the handling of child crime victims by the justice system;

—$2,000,000 for equipment and programming costs at the Brown

County, SD, Juvenile Detention Center;

—$750,000 for juvenile drug treatment services in Cook County,

IL;

—$250,000 to the Low Country Children’s Center;

—$1,250,000 for the Teens, Crime, and the Community Program;

—$2,000,000 to expand the Milwaukee Safe and Sound Program

to other Milwaukee neighborhoods;

—$200,000 for the Decatur Mentoring Project in Decatur, IL;

—$150,000 for the Mel Blount Youth Home;

—$1,900,000 for continued support for the law-related education

program;

—$500,000 for the New Mexico PAL program;

—$250,000 for the juvenile assessment center in Billings, MT, for

child and family intervention programs;

—$150,000 for Sioux Falls, SD, Turning Point locations including

the Bowden Youth Center;

—$500,000 for the Crossroads program in New Brunswick, NJ;

—$500,000 for the New Mexico Cooperative Extension Service

4–H Youth Development Program;

—$1,000,000 for Santa Rosa Memorial Hospital for Project Escape;

—$400,000 for the Institute for Character Development, Civic

Responsibility, and Leadership at Neumann College;

—$1,000,000 for Utah State University’s Youth and Families

with a Promise program;

—$200,000 for the South Dakota Unified Judicial System to continue the Intensive Juvenile Probation program;

—$250,000 for the Hawaii Navigator Project;

—$750,000 for the North Eastern Massachusetts Law Enforcement Council;

—$250,000 for Allegheny County, PA, youth development program;

—$150,000 for the Vermont Coalition of Teen Centers;

—$400,000 for the Better Way program in Muncie, IN;

—$350,000 for drug prevention programs in Shelby County, KY;

—$1,000,000 to establish and enhance after-school programs in

Baltimore, MD;

—$750,000 for the University of South Alabama for Youth Violence Prevention Research;

—$150,000 for the South Dakota Network Against Family Violence and Sexual Assault;

—$1,500,000 for the Stop Truancy Outreach program;

—$100,000 for the Alfred University Coordinating County Services for Families and Youth program;

—$3,000,000 for the National Council of Juvenile and Family

Courts;

—$750,000 for the Kansas YouthFriends program;
87

—$500,000 for the purposes of performing a national demonstration of the Learning for Life Program conducted by the Boy

Scouts of the National Capital Area, which is then to be replicated by the Gulf Ridge Council and others; —$1,000,000 for the Mobile County, AL, Juvenile Court network

aftercare system; —$1,500,000 to the State of Alaska for a child abuse investigation program; —$1,500,000 for Aberdeen, SD, for a youth enrichment program;

—$200,000 for the Drug Free Pennsylvania program; and

—$438,000 to the National Association of State Fire Marshals for

implementing a national juvenile fire setter intervention mobilization plan that will facilitate and promote the establishment

of juvenile fire setter intervention programs based on existing

model programs at the State and local level. 4. $12,000,000 for the Youth Gangs (Part D) Program which provides grants to public and private nonprofit organizations to prevent and reduce the participation of at-risk youth in the activities

of gangs that commit crimes. 5. $10,000,000 for discretionary grants for State challenge activities (Part E). This program authorizes the OJJDP Administrator to

award grants which could increase the amount of a State’s formula

grant by up to 10 percent, if that State agrees to undertake some

or all of the 10 challenge activities included in this program. These

challenge activities are designed to improve various aspects of a

State’s juvenile justice and delinquency prevention program. 6. $16,000,000 for the Juvenile Mentoring Program [JUMP] (Part

G). This program seeks to reduce juvenile delinquency, improve

academic performance, and reduce the dropout rate among at-risk

youth through the use of mentors. This program has proven successful in reaching at-risk youth and has significant support at the

local level. The program brings together young people in high crime

areas with law enforcement officers and other responsible adults

who are willing to serve as long-term mentors. The Committee encourages OJP to focus on applications submitted by community

based organizations with a proven history of providing effective and

efficient one-on-one services. Within the amounts provided, the

Committee provides $3,000,000 for the Big Brothers/Big Sisters

program to expand its capacity to serve more at-risk youth.

7. $95,000,000 for the At Risk Children’s Program (Title V).

Under Title V of juvenile justice programs, the At Risk Children’s

Program provides funding to support comprehensive delinquency

prevention plans formulated at the community level. The program

targets truancy and school violence; gangs, guns, and drugs; and

other influences that lead juveniles to delinquency and criminality.

Safe Schools Initiative [SSI].—The Committee includes

$15,000,000 within the Title V grants for the Safe Schools Initiative. This effort may include training and services such as: accountability and responsibility training; violence reduction training, including dispute resolution; juvenile mentoring; training for teachers

and families to recognize troubled children; and parent accountability and family strengthening education. In addition, OJJDP is

directed to provide a grant, if warranted, to the ‘‘I Have a Dream’’

Foundation for an at-risk youth program.
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Tribal Youth Program.—The Committee includes $12,500,000

within Title V grants for programs to reduce, control, and prevent

crime both by and against tribal and Native youth; for interventions for court-involved tribal youth; for improvement to tribal and

Native juvenile justice systems; and for prevention programs focusing on alcohol and drugs.

Enforcing the Underage Drinking Laws Program.—The Committee recommends $25,000,000 within Title V grants to assist

States in enforcing underage drinking laws. Within the amounts

provided for underage drinking, OJP shall make an award of

$750,000 to expand Oregon Partnership programs.

Juvenile justice research, evaluation, training, and technical assistance.—The Committee recognizes that high quality research,

evaluation, and statistical analysis are critical to understanding

and addressing the causes of youth crime, understanding the scope

of delinquency and its impact on the juvenile justice system, and

identifying effective approaches to delinquency control that can be

replicated at the State and local levels. The Committee recommendation allows the Office of Juvenile Justice and Delinquency

Prevention Programs [OJJDP] to set aside 2 percent for training

and technical assistance and 10 percent for research, evaluation,

and statistics activities.

8. Victims of Child Abuse Act.—The Committee recommends

$8,100,000 for the various programs authorized under the Victims

of Child Abuse Act [VOCA]. Funds, provided to establish regional

and local children’s advocacy centers, may not be used to provide legal aid. The recommendation includes $8,100,000 to improve investigations and prosecutions (subtitle A) as follows: —$1,100,000 to establish regional children’s advocacy centers, as

authorized by section 213 of VOCA; —$4,900,000 to establish local children’s advocacy centers, as authorized by section 214 of VOCA; —$1,500,000 for a continuation grant to the National Center for

Prosecution of Child Abuse for specialized technical assistance

and training programs to improve the prosecution of child

abuse cases, as authorized by section 214a of VOCA; and

—$600,000 for a continuation grant to the National Network of

Child Advocacy Centers for technical assistance and training,

as authorized by section 214a of VOCA.

PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2000 ............................................................................. $32,541,000

Budget estimate, 2001 ........................................................................... 38,024,000

House allowance .................................................................................... 33,224,000

Committee recommendation ................................................................. 33,224,000

The Committee recommends an appropriation of $33,224,000.

The recommendation is $4,800,000 below the budget request and

provides all mandatory funding for death benefits under the Public

Safety Officers Benefits Program. This program provides a lumpsum death benefit payment to eligible survivors of Federal, State,

and local public safety officers whose death was the direct and

proximate result of a traumatic injury sustained in the line of duty.

In addition, $918,000 in prior year carryover balances are available

to pay for disability benefits to public safety officers who are per-
89

manently disabled in the line of duty. Within the available carryover balances, sufficient funding is available for the program which

provides payments for education purposes to the dependents of

Federal, State, and local public safety officers who are killed or permanently disabled in the line of duty. No additional funding is provided to expand the education benefits program in fiscal year 2001.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee recommends the following general provision:

Section 101 makes up to $45,000 of the funds appropriated to the

Department of Justice available for reception and representation

expenses.

Section 102 makes permanent certain authorities included with

Public Law 96–132.

Section 103 eliminates automated entry and exit control and student tracking requirements.

Section 104 restores fee revenue essential to maintaining INS operations.

Section 105 makes resources available should a judgment be

lodged against the Justice Department for lost wages.

Section 106 allows the Department of Justice to spend up to

$10,000,000 for rewards for information regarding acts of terrorism

against U.S. citizens or property at levels not to exceed $2,000,000

per reward.

Section 107 allows the Department of Justice, subject to the

Committee’s reprogramming procedures, to transfer up to 5 percent

between appropriations, but limits to 10 percent the amount that

can be transferred into any one appropriation.

Section 108 authorizes the Assistant Attorney General for the Office of Justice Programs to have final authority over all grants, cooperative agreements, and contracts for OJP and its component organizations.

Section 109 increases the amount available for civil debt collection activities.

Section 110 funds 112 victim/witness specialists nation-wide.

Section 111 amends 42 U.S.C. 5633(a)(14) to assist rural States.

Section 112 allows for the proper placement of Federal prisoners.

Section 113 treats Justice Department attorneys as professionals

for the purpose of pay.

Section 114 allows the Department of Justice to provide additional funds for training and technical assistance.

Section 115 provides a transfer of funds to address critical offender incarceration needs.

Section 116 prohibits formula or discretionary grants to certain

municipal jails.
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TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

The Committee recommends a total of $5,941,608,000 for the

U.S. Trade Representative, the International Trade Commission,

and the Department of Commerce for fiscal year 2001. This amount

is $818,568,000 below the total request. The fiscal year 2001 request contained advance appropriations for systems acquisitions

which the Committee does not recommend. Also, the recommendation is $2,817,425,000 below the total amount appropriated for

these programs for fiscal year 2000.

TRADE AND INFRASTRUCTURE DEVELOPMENT

The Committee has included under this section of title II, the

U.S. Office of the Trade Representative, the International Trade

Commission, and the Department of Commerce agencies responsible for trade promotion and enforcement and economic infrastructure development.

RELATED AGENCIES

OFFICE OF THE U.S. TRADE REPRESENTATIVE

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $25,635,000

Budget estimate, 2001 ........................................................................... 29,600,000

House allowance .................................................................................... 29,433,000

Committee recommendation ................................................................. 29,600,000

The Committee recommends an appropriation of $29,600,000 for

the Office of the U.S. Trade Representative [USTR] for fiscal year

2001, which is the requested level. The recommendation is an increase of $3,965,000 over the fiscal year 2000 appropriation.

The largest increase requested by USTR in its original fiscal year

2001 request was $1,200,000 for personnel, including funds for 12

new full time equivalent (FTE) personnel. In past years the Committee has expressed concern that the agency should request the

resources it needs to hire permanent personnel to achieve its mission rather than relying on detailees from other Federal departments and agencies. The USTR request for fiscal year 2001 requests funding for permanent positions in critical areas which had

been covered in the past by detailees. For example, USTR is requesting funds to hire a Director for Central America and the Caribbean, an area which represents the seventh largest market for

U.S. exports. During the past few years, State Department

detailees have been carrying out responsibilities associated with

this market area. In order to ensure consistent U.S. policy, particularly in the negotiation of the Free Trade Area of the Americas,

USTR should have the staff resources to provide continuity and re-
91

sponsibility for promoting and protecting trade in this important

market.

The original Administration budget submission requested $1,300,000 to be provided to the USTR from funds appropriated to

the Department of Commerce in fiscal year 2001. The Committee

was concerned about this proposal, and believed the USTR was

being penalized again by having its budget request included under

the Executive Office of the President [EOP]. The seeming importance to the Executive Office of the President of having a flat or

minimal increase in its budget request calls into question the agency’s commitment to serious trade compliance activities while the

EOP pursues a short-term public relations gimmick. There is little

question that the USTR needs increased trade compliance personnel to monitor and enforce trade agreements and laws. These

funds, however, should be requested by USTR and not funneled

through another Executive Branch department if Congress is to

reasonably conclude that this funding is a high priority for the Administration and USTR. The Administration submitted a budget

amendment to Congress on March 31, 2000 which recognized the

need to request these funds on behalf of USTR rather than passing

the funds through the International Trade Administration. The

Committee recommendation fully funds this request.

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $44,495,000

Budget estimate, 2001 ........................................................................... 49,100,000

House allowance .................................................................................... 46,995,000

Committee recommendation ................................................................. 49,100,000

The Committee recommends an appropriation of $49,100,000.

This is equal to the budget request.

The International Trade Commission [ITC] is an independent,

quasi-judicial agency responsible for conducting trade-related investigations, providing Congress and the President with independent technical advice relating to U.S. international trade policy,

and performing other statutory responsibilities such as quasi-judicial determinations on trade matters filed with the Commission.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

Appropriations, 2000 ............................................................................. $308,503,000

Budget estimate, 2001 ........................................................................... 352,147,000

House allowance .................................................................................... 318,448,000

Committee recommendation ................................................................. 315,686,000

The Committee recommends an appropriation of $315,686,000 for

the programs of the Commerce Department’s International Trade

Administration [ITA]. The amount provided is $7,183,000 above the

fiscal year 2000 appropriation, and $36,461,000 below the Administration’s fiscal year 2001 request.

The Committee recommends the Administration’s estimate of

$3,000,000 in fees during fiscal year 2001. As in past years, the
92

Committee expects ITA to continue working on efforts to structure

its programs to enable the agency to increase fees for the services

it provides.

The recommended funding levels are reflected in the following

table:

ITA FUNDING

[In thousands of dollars]

2000 enacted Budget request Committee recommendation

Trade development ...................................................... 62,376 62,395 65,347

Market access and compliance .................................. 19,755 26,655 25,655

Import Administration ................................................. 32,473 44,070 40,645

U.S. and Foreign Commercial Service ......................... 186,693 202,703 170,715

Administration/executive direction .............................. 12,206 16,324 16,324

Fees/pay reforms ......................................................... (3,000) (3,000) (3,000)

Carryover restoration ................................................... (2,000) ......................... .........................

ITA total appropriation ................................... 308,503 ......................... 315,686

Trade Development.—The recommendation includes $65,347,000

for the International Trade Administration’s Trade Development

activities. The Committee does not recommend funding the e-commerce, clean energy export or cultural heritage initiatives requested in the budget submission. Of the new initiatives requested

for fiscal year 2001, the Committee recommends $500,000 for the

enhancement of the agency’s export database. The Committee does

recommend continued funding for the National Textile Center at a

level of $10,000,000 and the Textile/Clothing Technology Center at

a level of $3,500,000. In addition, the Committee recommends continued funding for the Access Mexico project at a level of $355,000.

The Committee, in past years, has recommended the transfer of

international industry sector funding from the Department of State

to the International Trade Administration. The Committee made

this recommendation because the Department of State has been

late in paying the U.S. contributions to these international industry sector groups. The Committee believed the ITA should be more

attentive to the needs of the Nation’s basic industries. However,

the proposal met with strong objection from ITA, and the Committee has not recommended this transfer in fiscal year 2001. It

has come to the Committee’s attention that ITA personnel have not

been permitted to travel to international negotiating sessions

which have significant consequences for United States basic industries. The Committee has been told by ITA that a shortage of travel

funds kept key personnel from attending these negotiations. The

Committee has provided the base funding requested by the Administration for the line offices in ITA for fiscal year 2001, as well as

the full funding requested for administration and executive direction. The Committee cannot justify funding new initiatives if the

agency is unable or unwilling to support its core missions.

Market Access and Compliance.—The Committee recommends

funding ITA’s Market Access and Compliance (MAC) activities at a level of $25,655,000 in fiscal year 2001. This is a $5,900,000 increase over the fiscal year 2000 appropriation. The Committee has
93

recommended fully funding the United States Trade Representative’s request for increased compliance activities in fiscal year 2001, and is recommending increased funding of $5,300,000 for the Import Administration’s compliance initiative.

The Committee requests that the Market Access Cooperator program consider the efforts being made by the Mid America Regional

Council and provide funding, if warranted.

The Committee has been advised that Israel may have terminated a cable television franchise and that the company has been

informed that it will have to turn over its entire $350,000,000 cable

network or pay a fee of $1,500,000,000 in order to continue using

its own network. The Committee is concerned about these reports

and requests that the Secretary of State initiate discussions with

Israel to resolve this matter as quickly as possible. It further directs the Department of Commerce to determine whether such actions are in violation of international trade agreements and bilateral agreements with Israel.

Import Administration.—The Committee recommends

$40,645,000 in fiscal year 2001 for the ITA’s Import Administra- tion. This is an increase of $8,172,000 over the fiscal year 2000 appropriation. The Committee recommends funding the following

trade compliance initiatives: $1,250,000 for overseas compliance;

$2,225,000 for China and Japan trade compliance; and, $3,000,000

for import surge monitoring and subsidy enforcement. The Committee does not recommend funding the request for a $1,700,000

trade law technical assistance center or an $800,000 for a World

Trade Organization [WTO] enforcement rights initiative.

The Committee directs the Import Administration to station a

senior official in Geneva to work with the USTR on issues related

to antidumping and countervailing duties. This official will participate in the meetings of the Antidumping and Subsidies Committees, assist the USTR in Dispute Settlement proceedings that are

relevant to the Antidumping and Subsidies Agreements, monitor

developments in the Working Party on Trade and Competition Policy, and provide policy expertise on matters pertaining to the maintenance of strong antidumping and antisubsidy laws in the United

States. As a cost saving measure, the Committee anticipates that

the USTR’s Geneva office will provide the necessary space within

its offices for use by the Import Administration.

U.S. and Foreign Commercial Service [US&FCS].—The Committee recommends a level of $170,715,000 for the US&FCS for fiscal year 2001, which is a decrease of $15,978,000 over the fiscal

year 2000 appropriation. The Committee does not recommend funding for the $7,000,000 e-exporting, cultural heritage or clean energy

export initiatives.

The Committee is concerned about whether the $41,510,000

being requested by the U.S. and Foreign Commercial Service for

Export Assistance Centers is being used efficiently, and provides

$30,000,000 for the agency’s domestic operations in fiscal year

2001. In some instances, notably Miami and California, there are

two centers in a metropolitan area. For example, Miami has two

centers. In California, there are centers in San Jose and Santa

Clara, even though they are adjoining towns. In addition to these

two centers, there are centers located in Oakland, San Francisco,
94

and North Bay. At a minimum, some of these facilities should be

consolidated. The Committee is also concerned about the agency’s

request for $25,978,000 for personal services contracts. In order for

the agency to do business overseas, such contracts are frequently

necessary. An object class analysis, however, appears to indicate

that the bulk of the funds being requested for these contracts are

not for the agency’s foreign operations. The Committee rec- ommends no more than $15,000,000 for this purpose in fiscal year

2001.

The Committee supports the Commercial Service’s work on the

Appalachian-Turkish Trade Project, a project to promote opportunities to expand trade, encourage business interests, stimulate foreign studies, and to build a lasting and mutually meaningful relationship between the Appalachian States and the Republic of Turkey, as well as the neighboring regions, such as Greece. The Committee expects the agency to support the project.

Administration and Executive Direction.—The Committee recommends the requested level of $16,324,000 for the Administration

and Executive Direction of the ITA in fiscal year 2001. This is an

increase of $4,118,000 over the fiscal year 2000 appropriation. The

Committee has learned that the agency has been taking funds from

other line offices under this heading to pay for the travel and other

expenses of the Under Secretary’s office. The Committee created a

line item for Administration and Executive Direction to provide a

separate appropriation to provide funds for this office, and to end

the practice of taking funds from other line offices. Bill language

is included which prohibits certain offices from taking funds from

other accounts. If additional funds are needed, a reprogramming

request should be submitted to the Committee for approval.

EXPORT ADMINISTRATION

Appropriations, 2000 ............................................................................. $54,038,000

Budget estimate, 2001 ........................................................................... 71,554,000

House allowance .................................................................................... 53,833,000

Committee recommendation ................................................................. 61,037,000

The Committee recommends a fiscal year 2001 appropriation of $61,037,000 for the Bureau of Export Administration [BXA], which

is a $6,999,000 increase over the fiscal year 2000 appropriation and

$10,517,000 below the fiscal year 2001 request.

BXA is the principal agency involved in the development, implementation, and enforcement of export controls for dual-use technologies and weapons of mass destruction. The Export Enforcement

Division detects, prevents, investigates, and assists in the sanctioning of illegal dual-use exports.

ECONOMIC DEVELOPMENT ADMINISTRATION

Appropriations, 2000 ............................................................................. $388,379,000

Budget estimate, 2001 ........................................................................... 436,938,000

House allowance .................................................................................... 388,378,000

Committee recommendation ................................................................. 249,542,000

The Economic Development Administration [EDA] provides

grants to local governments and nonprofit agencies for public

works, planning, and other projects designed to facilitate economic

development.
95

The Committee recommends funding of $249,542,000 for the programs and administrative expenses of the EDA for fiscal year 2001.

This is $187,396,000 below the request and is $138,837,000 below

the fiscal year 2000 level. The Committee expects EDA to use an

estimated $500,000 in funds carried over from fiscal year 2000 to

support its programs in fiscal year 2001. Funding amounts for the

two appropriations accounts under this heading are displayed

below.

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 1999 ............................................................................. $361,879,000

Budget estimate, 2000 ........................................................................... 407,750,000

House allowance .................................................................................... 361,879,000

Committee recommendation ................................................................. 218,000,000

The Committee recommendation provides total funding of

$218,000,000 for economic development assistance programs in fiscal year 2001. This amount is $143,879,000 below the fiscal year

2000 level and is $189,750,000 below the budget request.

The Committee recommendation includes funding of $30,000,000

for defense economic adjustment. In addition, the Committee recommendation provides $144,000,000 for public works grants (title

I), $10,000,000 for planning assistance, $24,000,000 for trade adjustment assistance, and $10,000,000 for economic adjustment

grants (title IX).

The Committee is aware of the economic distress that continues

to be experienced by communities affected by the Base Realignment and Closures of 1996. The Committee strongly urges the continued use of defense conversion funds, as provided herein, to assist communities in addressing their economic needs resulting from

these actions.

The Committee is aware of several proposals for economic development or adjustment assistance and strongly urges EDA to consider applications for the following proposals within applicable procedures and guidelines and provide a grant, if warranted: (1) Madisonville Community College, KY; (2) a proposal for wiring the

Southwest Border in New Mexico; (3) Center for Emerging Technologies in St. Louis, MO; (4) Montana State University—Billings

project for tourism-dependent communities; (5) Trenton, NJ Business Incubator project; (6) Seward Harbor, AK; (7) the Vermont

Technology Incubator, Randolph, VT; and, (8) the NELHA Gateway

project in Hawaii.

The Committee expects EDA to continue its efforts to assist communities impacted by economic dislocations relating to industry

downswings as well as to assist communities impacted by downturns due to environmental concerns. This includes the timber and

coal industries, United States-Canadian trade-related issues, communities in New England impacted by fisheries regulations, and

communities in the Southeast impacted by downturns due to

NAFTA.

The Committee continues its interest in the agency’s university

research program, and asks that the agency consider establishing

programs in New Hampshire, Connecticut and Rhode Island.
96

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $26,500,000

Budget estimate, 2001 ........................................................................... 29,188,000

House allowance .................................................................................... 26,499,000

Committee recommendation ................................................................. 31,542,000

The Committee recommendation provides $31,542,000 for the

salaries and expenses of the EDA. This amount is $2,354,000 above

the requested level for fiscal year 2001, and is $5,042,000 above the

fiscal year 2000 appropriation.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

Appropriations, 2000 ............................................................................. $27,314,000

Budget estimate, 2001 ........................................................................... 28,156,000

House allowance .................................................................................... 27,314,000

Committee recommendation ................................................................. 27,000,000

The Committee recommends an appropriation of $27,000,000.

The recommendation is $1,156,000 below the budget request. The

Committee notes that since its inception in 1969, neither the Minority Business Development Agency nor its predecessor, the Office

of Minority Business Enterprise, have ever been authorized.

ECONOMIC AND INFORMATION INFRASTRUCTURE

The Committee includes under this section of the bill the Department of Commerce agencies responsible for the Nation’s basic economic and technical information infrastructure, as well as the administrative functions which oversee the development of telecommunications and information policy.

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $49,499,000

Budget estimate, 2001 ........................................................................... 54,713,000

House allowance .................................................................................... 49,499,000

Committee recommendation ................................................................. 53,992,000

The Committee recommends an appropriation of $53,992,000.

The recommendation is $721,000 below the budget request and includes $3,000,000 to begin the necessary task of updating and improving statistical measurements of the U.S. economy, international transactions, and the effects of e-business.

The Economic and Statistics Administration is responsible for

the collection, tabulation, and publication of a wide variety of economic, demographic, and social statistics and provides support to

the Secretary of Commerce and other Government officials in interpreting the state of the economy and developing economic policy.

The Bureau of Economic Analysis and the Under Secretary for Economic Affairs are funded in this account.
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BUREAU OF THE CENSUS

Appropriations, 2000 ............................................................................. $4,758,573,000

Budget estimate, 2001 ........................................................................... 719,205,000

House allowance .................................................................................... 670,867,000

Committee recommendation ................................................................. 693,610,000

The Committee recommendation provides $691,610,000 for the

Bureau of the Census for fiscal year 2001. This amount is

$4,066,963,000 below the amount provided for fiscal year 2000 and

$22,595,000 below the President’s request. The Committee’s recommendations for the Census Bureau accounts are described in

more detail below.

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $140,000,000

Budget estimate, 2001 ........................................................................... 173,826,000

House allowance .................................................................................... 140,000,000

Committee recommendation ................................................................. 158,386,000

The Committee recommendation the Bureau’s salaries and expenses in fiscal year 2001 is $158,386,000, an increase of

$18,386,000 over the fiscal year 2000 appropriation, and

$15,440,000 below the Administration’s request. This account provides for the salaries and expenses associated with the statistical

programs of the Bureau of the Census, including measurement of

the Nation’s economy and the demographic characteristics of the

population. These programs are intended to provide a broad base

of economic, demographic, and social information used for decisionmaking by governments, private organizations, and individuals.

The Committee’s recommendation provides funding for current

Bureau programs, and limited funding for a variety of new initiatives which were requested. Under the subactivity of current economic statistics, the Bureau requested $10,000,000 to begin an annual survey of minority-owned business enterprises ($1,500,000)

and an electronic business initiative ($8,500,000). Minority business data is collected every 5 years as part of the Bureau’s economic census, which is to be conducted in fiscal year 2002. According to the Bureau’s request, this new annual survey would include ‘‘questions that affect critical policy issues such as participation in

electronic commerce, international trade and use of growth oriented

technologies. This policy-oriented information will be at the national level only, with no industry detail.’’ The design of this program seems to be at variance with the Bureau’s mission to collect

objective data. If such a ‘‘policy-oriented’’ survey is a high priority,

the Committee believes it should be supported by funding from the

Small Business Administration or the Minority Business Development Administration.

The Committee recommends $2,000,000 for the initiation of an

electronic business initiative which the Committee assumes will be

part of the economic census conducted in fiscal year 2002. The

Committee agrees that collecting data on the growth of e-commerce

is a critical need and the funds provided will allow the Bureau to

hire the personnel necessary to establish a measurement of electronic business in the United States.

The Committee has provided the fiscal year 2001 base funding

for the key programs of the Census Bureau in fiscal year 2001. The
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Committee is particularly concerned that key reports on manufacturing, general economic and foreign trade statistics are maintained and issued on a timely basis.

The Committee requests that the Bureau include in its budget

submission in fiscal year 2002 a report on the reimbursements it

has received for work requested by other Federal agencies or private organizations.

PERIODIC CENSUSES AND PROGRAMS

Appropriations, 2000 ............................................................................. $4,618,573,000

Budget estimate, 2001 ........................................................................... 545,379,000

House allowance .................................................................................... 530,867,000

Committee recommendation ................................................................. 535,224,000

The Committee recommends $535,224,000 for periodic censuses

and related programs for fiscal year 2001. This amount is

$4,078,058,000 below the amount provided for fiscal year 2000 and

is $10,155,000 below the fiscal year 2001 budget request.

This account provides for the constitutionally mandated decennial census, quinquennial censuses, and other programs which are

cyclical in nature. Additionally, individual surveys are conducted

for other Federal agencies on a reimbursable basis. The Committee

understands that Americans living overseas were not included in

the 2000 census. The Committee directs the Bureau to work with

the Department of State to include Americans living abroad in future censuses when appropriate.

For other programs under this account, the Committee recommends the requested levels of $42,846,000 for economic censuses; $3,082,000 for census of governments; $5,583,000 for

intercensal demographic estimates; $6,000,000 for electronic information collection; $35,108,000 for geographic support; and

$23,305,000 for data processing systems. The Committee also recommends $4,769,000 for demographic survey sample redesign and

$21,615,000 for the continuous measurement program.

The Committee recommends $3,200,000 for engineering and design for a new facility for the Bureau of the Census at the Suitland

Federal Center. The current facility is substandard, and poses environmental hazards for employees working at the site. The Committee includes bill language requiring the Bureau and the General

Services Administration to provide quarterly reports on the design

and plans for this new facility.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

Appropriations, 2000 ............................................................................. $52,975,000

Budget estimate, 2001 ........................................................................... 423,009,000

House allowance .................................................................................... 57,475,000

Committee recommendation ................................................................. 76,937,000

The Committee recommends $76,937,000 in direct appropriations

for the National Telecommunications and Information Administration in fiscal year 2001. This level is $23,962,000 above the fiscal

year 2000 appropriation and $346,072,000 below the fiscal year

2001 request. The request included an advance appropriation of

$197,500,000 for the Public Telecommunications Facilities Program

[PTFP] which was not included in the Committee recommendation.
99

The Committee recommends language requiring NTIA to conduct

a study of the uses of spectrum by public and private entities

which provide energy, water and railroad services, including utilities, pipelines and railroads. In addition to the spectrum assessment, the study should consider technological developments available to enhance the use of current spectrum allocations. The Committee expects all Federal departments and agencies with an interest or regulatory responsibility for the safety and reliability of

these industries to be consulted in the course of conducting the

study.

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $10,975,000

Budget estimate, 2001 ........................................................................... 20,315,000

House allowance .................................................................................... 10,975,000

Committee recommendation ................................................................. 11,437,000

The Committee recommends $11,437,000 in appropriations for

the ‘‘Salaries and expenses’’ appropriation of the National Telecommunications and Information Administration [NTIA]. This

amount is the requested base level for fiscal year 2001, and does

not include any of the proposed programmatic increases.

The Committee retains language from previous years allowing

the Secretary of Commerce to charge Federal agencies for a portion

of the cost of coordination of spectrum management, analysis, and

operations.

The Committee does not approve the requested funding for the

critical infrastructure program, or for research and development

costs associated with this program. The Committee agrees that protection of our nation’s communications infrastructure is a high priority. The Administration continues to request funds for this program but does not give the Secretary of Commerce or his designees

within the Department the ability to control the use and expenditure of these funds. The Committee cannot appropriate funds for

a program which is controlled by an entity outside of the Department. Since the Secretary is unable to account for the use of these

funds within the Department, the Committee believes it is unwise,

if not a derilection of fiscal responsibility, to appropriate funds for

this program.

PUBLIC BROADCASTING FACILITIES, PLANNING, AND CONSTRUCTION

Appropriations, 2000 ............................................................................. $26,500,000

Budget estimate, 2001 ........................................................................... 110,075,000

House allowance .................................................................................... 31,000,000

Committee recommendation ................................................................. 50,000,000

The Committee recommends $50,000,000 for planning and construction grants for public television, radio, and non-broadcast facilities for fiscal year 2001. This amount is $23,500,000 above the

fiscal year 2000 appropriation and $60,075,000 below the requested

level. The Administration also requested an advance appropriation

for fiscal years 2002 and 2003 of $197,500,000 for this program.

The Committee does not recommend this advance appropriation.

Public broadcasters face a significant challenge in making the transition from analog to digital broadcasting. The public broadcasters,

as well as commercial broadcasters, are required to make the
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change from analog to digital broadcasting by 2005. This is an expensive task, and is going to be particularly challenging for public

broadcasters whose networks include numerous translator stations.

These challenges are particularly great for those broadcasters

who are located in, or who serve, largely rural areas. As in past

years, the Committee continues to urge the agency to place emphasis on the needs of these stations, and to support focusing resources

on distance learning initiatives targeting rural areas.

INFORMATION INFRASTRUCTURE GRANTS

Appropriations, 2000 ............................................................................. $15,500,000

Budget estimate, 2001 ........................................................................... 45,119,000

House allowance .................................................................................... 15,500,000

Committee recommendation ................................................................. 15,500,000

The Committee recommends $15,500,000 for the Information Infrastructure Grant [IIG] Program in fiscal year 2001, a decrease of

$29,619,000 from the fiscal year 2001 request and identical to the

fiscal year 2000 appropriation. The Committee expects NTIA to

limit eligibility for this program. The administration’s fiscal year

2001 request changes the name of this program to Technology Opportunity Grants. By either name, the program has never been authorized by Congress.

The regional information sharing system [RISS] under the Department of Justice provides funding for law enforcement entities

which have traditionally obtained funding from the IIG Program.

The Committee recommendation excludes law enforcement entities

eligible for the RISS Program from applying for IIG funds. The

Committee expects NTIA to give preference to applications from

consortia and for purposes such as public safety or other uses for

which there is no other funding source available.

The Committee is aware of several proposals for information infrastructure grants and strongly urges NTIA to consider applications for the following proposals within applicable procedures and

guidelines and provide a grant, if warranted: (1) an electronic commerce initiative at the University of Missouri-Columbia; (2) phase

III of the Marshall University, WV infrastructure program; (3)

North Dakota State University education technology partnership

program; (4) a technology and training initiative proposal by Morgan State University; and (5) Vermont Interactive Television.

HOME INTERNET ACCESS

Appropriations, 2000 ............................................................................. ...........................

Budget estimate, 2001 ........................................................................... $50,000,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. ...........................

The Committee does not recommend funding for the fiscal year

2001 request for $50,000,000 for Home Internet Access. Funds for

this program were not requested or appropriated in fiscal year

2000. There is no authorization for this program.
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PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $871,000,000

Budget estimate, 2001 ........................................................................... 1,038,732,000

House allowance .................................................................................... 904,924,000

Committee recommendation ................................................................. 1,038,732,000

The Committee recommends the administration’s request of

$1,038,732,000 for the Patent and Trademark Office [PTO] in fiscal

year 2001. This amount is $167,750,000 above the fiscal year 2000

appropriation.

The Patent and Trademark Office [PTO] is charged with administering the patent and trademark laws of the United States. PTO

examines patent applications, grants patent protection for qualified

inventions, and disseminates technological information disclosed in

patents. PTO also examines trademark applications and provides

Federal registration to owners of qualified trademarks. The Patent

and Trademark Office Efficiency Act was enacted on November 29,

1999 and under its provisions, PTO is subject to the policy direction of the Secretary of Commerce, but the agency has independent

control of its budget, expenditures, personnel, procurement and

other administrative and management functions of the agency.

The PTO has experienced significant growth in recent years due

to the increase in applications for patents and trademarks. Trademark applications have exploded due to the number of Internet entities seeking to register their website names, and the high technology and biotechnology industries have accounted for the growth

in patent applications. The Committee has provided the amount requested by the administration for the PTO in fiscal year 2001, but

there is some concern that this funding level may be inadequate for

the agency’s needs. The Office of Management and Budget has determined that some of the fees collected by the agency should be

withheld for 1 fiscal year and unavailable for expenditure. The

withholding of fees has increased over the past 5 years, and in fiscal year 2001, it is estimated that 32 percent of the agency’s fee

collections will be unavailable for expenditure until fiscal year

2002.

The ability of the administration to formulate an adequate budget for PTO is further complicated by the failure of PTO to forecast

its workload. The President’s budget has underestimated the annual growth for patent and trademark applications for each of the

past five fiscal years. The PTO has informed the Committee that

they expect trademark applications to increase 40 percent over the

number of applications received in 1999. In order to improve the

accuracy of these critical forecasts and to ensure that an adequate

funding level is requested for the agency, the Committee directs

PTO to work in conjunction with the Office of Management and

Budget to develop a workload forecast for the agency with advice

from a representative sample of industry and the inventor community. The Committee directs that this forecast be used as a benchmark for future PTO budget forecasts just as OMB now uses the

average of the 50 blue-chip economic forecasts as the benchmark

for economic assumptions contained in the President’s budget.
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The PTO recently completed a study entitled ‘‘Official Insignia of

Native American Tribes.’’ The study recommended that PTO create, maintain and update an accurate and comprehensive database

containing official insignias of all State- and Federally-recognized

Native American tribes. The Committee directs that the PTO comply with its own recommendations and create such a database.

SCIENCE AND TECHNOLOGY

The Committee has included under this section of Title II the Department of Commerce agencies involved in technology research

and development, scientific assessment and prediction of environmental phenomena, and the administrative and policy functions

providing oversight for these activities.

TECHNOLOGY ADMINISTRATION

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $7,972,000

Budget estimate, 2001 ........................................................................... 8,716,000

House allowance .................................................................................... 7,945,000

Committee recommendation ................................................................. 8,216,000

The Committee recommends an appropriation of $8,216,000. The

recommendation is $500,000 below the budget request and will

fully fund the current operations of the Technology Administration.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Appropriations, 2000 ............................................................................. $638,982,000

Budget estimate, 2001 ........................................................................... 712,991,000

House allowance .................................................................................... 422,892,000

Committee recommendation ................................................................. 596,619,000

The Committee recommends a total of $596,619,000 for the three

appropriations accounts under the National Institute of Standards

and Technology [NIST]. The recommendation is $116,372,000 below

the budget request. A description of each account and the Committee recommendation follows:

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES [STRS]

Appropriations, 2000 ............................................................................. $283,132,000

Budget estimate, 2001 ........................................................................... 337,508,000

House allowance .................................................................................... 292,056,000

Committee recommendation ................................................................. 305,003,000

The Committee recommends an appropriation of $305,003,000.

The recommendation is $32,505,000 below the budget request.

The Committee recommendations are displayed in the following

table:

Electronics and Electrical Engineering ................................................ $40,127,000

Manufacturing Engineering .................................................................. 20,821,000

Chemical Science and Technology ........................................................ 33,360,000

Physics .................................................................................................... 31,556,000

Material Science and Engineering ....................................................... 54,658,000

Building and Fire Research .................................................................. 15,932,000

Computer Science and Applied Mathematics ...................................... 47,551,000

Technology Assistance ........................................................................... 17,349,000
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National Quality Program .................................................................... 5,205,000

Research Support Activities .................................................................. 38,444,000

Total, STRS ................................................................................. 305,003,000

Within the amounts provided, the Committee approves the fol- lowing increases: (1) $1,000,000 in the Manufacturing Engineering

Program for the development of standards pertaining to the exchange of electronic data; (2) $2,000,000 in the Physics program to

provide measurements, standards, and test methods for the development of advanced nanotechnologies; (3) $2,000,000 in the Computer Science and Applied Mathematics program to develop new

measurements, test methods, and guidelines for the protection of

the Nation’s critical infrastructures. No funding is provided for

Commerce Department expert review teams. Presidential Decision

Directive # 63 clearly suggests that every department and agency

of the Federal Government shall be responsible for protecting its

own critical infrastructure, especially its cyber-based systems.

While the program is laudable, it is clearly not the responsibility

of the Department of Commerce to provide computer security to

other Federal agencies; and, (4) under the Wind Research Program,

the Committee recommends $2,000,000 to continue funding an existing cooperative agreement between NIST and Texas Tech University.

INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2000 ............................................................................. $247,436,000

Budget estimate, 2001 ........................................................................... 339,604,000

House allowance .................................................................................... 104,836,000

Committee recommendation ................................................................. 262,737,000

The Committee recommends an appropriation of $262,737,000. The recommendation is $76,867,000 below the budget request.

Manufacturing Extension Partnership Program [MEP].—The

Committee recommends an appropriation of $109,137,000. The recommendation is $5,000,000 below the budget requests and fully

funds all MEP centers. No funding is provided for the Department’s election commerce outreach or manufacturing interoperability programs. The rapid expansion of the Internet to individuals

and businesses in the United States has been extraordinary, and

a myriad of private sector resources are available to businesses

who wish to access e-commerce technologies. The marketplace is

providing e-commerce solutions at such a pace that efforts by the

Federal Government in this area would be slow and inadequate.

The Committee supports the efforts of the Northern Great Plains

Initiative for Rural Development to expand the MEP e-commerce

project to rural areas to assist small manufacturers for marketing

and business development purposes.

Advanced Technology Program [ATP].—The Committee recommends an appropriation of $153,600,000. The recommendation is

$45,000,000 below the budgt request. The Committee has been advised that approximately $45,000,000 in prior-year deobligations

and unobligated balances will carry forward from fiscal year 2000.

The recommendation, when combined with the carryover amount,

will provide a total funding level of $198,600,000, the full amount

requested. Within the amounts made available, $45,200,000 shall

be used for administrative costs, internal laboratory support, and
104

for Small Business Innovation Research Program [SBIR] requirements.

Institute for Information Infrastructure Protection [IIIP].—The

Committee does not recommend funding for the Institute for Information Protection. The Committee is very concerned about protecting the Nation’s critical infrastructures and commends the administration for its efforts to coordinate the numerous Federal

agencies involved in this area. The importance of this area necessitates unprecedented coordination and cooperation, yet it appears

that there is ongoing debate within the administration as to what

is envisioned for the IIIP project in particular. With no clear plan

to implement or administer the IIIP the potential for mission overlap with other Federal agencies is of particular concern.

The Committee notes that funding for critical infrastructure requirements are addressed by the Committee in the Department of

Justice account.

CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2000 ............................................................................. $108,414,000

Budget estimate, 2001 ........................................................................... 35,879,000

House allowance .................................................................................... 26,000,000

Committee recommendation ................................................................. 28,879,000

The Committee recommends an appropriation of $28,879,000.

The recommendation is $7,000,000 below the budget request and

fully funds the highest priority safety, capacity, maintenance, and

repair projects at NIST. Within the amounts provided, $500,000 is

to address electrical service issues at NIST’s Boulder, CO, campus.

In addition, $4,000,000 is provided for a grant and a cooperative

agreement.

No funding is provided for the outfitting and relocation costs associated with the Advanced Measurement Laboratory. Funds for

these activities will be provided when the building nears completion.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2000 ............................................................................. $2,343,736,000

Budget estimate, 2001 ........................................................................... 2,761,181,000

House allowance .................................................................................... 2,230,959,000

Committee recommendation ................................................................. 2,687,070,000

The Committee recommends discretionary appropriations of

$1,958,046,000 for operations, research, and facilities for fiscal year

2001. The ‘‘Operations, research, and facilities’’ account of the National Oceanic and Atmospheric Administration [NOAA], encompasses spending for the Agency’s five line offices which administer

coastal and ocean research programs, fisheries programs, weather

forecasting, and atmospheric research. For the ‘‘Procurement, acquisition, and construction’’ account and other NOAA accounts, the

Committee recommends an appropriation of $669,542,000. The

total Committee recommendation for NOAA in fiscal year 2001 is

$2,687,070,000. During this time of continued budgetary constraint,
105

the Committee recommendation continues to make funding for

ocean, coastal, fisheries, and atmospheric programs a high priority.

As in past years, the Committee expects NOAA and the Department of Commerce to adhere to the direction given in this section

of the Committee report and to observe the reprogramming procedures detailed in section 605 in the general provisions of the accompanying bill.

The Committee is concerned about the future of the nation’s living marine resources. The competing demands being placed on the

National Marine Fisheries Service (NMFS) under a variety of statutes, including the Magnuson-Stevens Act, the National Environmental Protection Act, the Marine Mammal Protection Act, and the

Endangered Species act among others, may begin to impair the

ability of the agency to balance these demands while conducting

the research necessary to maintain healthy fisheries, rebuild stocks

and manage them effectively. The Committee has included

$3,000,000 in the fiscal year 2001 budget to review the ability of

NMFS to adequately meet its legal mission and requirements. The

Committee expects this review to be headed by an individual from

outside of the agency who is familiar with oceans and fishery management issues. The Committee expects the individual selected,

with the concurrence of Congress, to seek the assistance of the National Academy of Sciences and the American Society for Public Administration in conducting a top to bottom review of NMFS’ programs, budgetary requirements management and constituent relations. The Committee anticipates that the issues to be addressed

would include, but not be limited to, the following: the ability of the

agency to meet the scientific and technical challenges of fishery

management after the passage of the Sustainable Fisheries Act;

the relationship of the Regional Fishery Management Councils to

its constituents and the agency; whether the agency effectively incorporates or considers independent peer-reviewed research in its

own science; and, whether the science and management functions

of the agency are sufficiently separated in such a manner as to ensure the confidence of all participants in the management process.

Finally, the Committee requests that the relationship of the agency

with its constituency should be examined to determine whether

there are actions which could be taken to improve relationships between the agency and the fishing industry, the environmental and

the university research communities, as well as State and local

governments. The Committee expects this review to take 9 months

to a year to complete, and expects to receive regular progress reports prior to receiving the final written report which shall outline

findings and recommendations for the future.

In addition, the Committee provides within the funds available

for NOAA $3,000,000 to be used by the NOAA Administrator for

conservation and management of corals under the authority of the

Magnuson-Stevens Fishery Management and Conservation Act, including completion and implementation of the coral reef ecosystem

fishery management plan being developed by Western Pacific Fishery Management Council. The Committee has provided this funding to clarify and express its full support for the Department of

Commerce’s authority to manage corals in Federal waters under

the Magnuson-Stevens Act. The Committee does not support efforts
106

of the Department of the Interior to expand its jurisdiction into

ocean and coastal management activities conducted by the Department of Commerce under its existing authorities.

The Committee recommendations by program are displayed in

the following table:

[In thousands of dollars]

2000 appropriation2001 budget

request

Committee

recommendation

NATIONAL OCEAN SERVICE

Navigation Services:

Mapping and Charting ......................................................... 35,298 38,456 40,256

Address Survey Backlog ....................................................... 18,900 18,000 22,000

Geodesy ................................................................................. 20,159 20,206 21,134

Tide and Current Data ......................................................... 12,390 15,089 12,293

Acquisition of Data .............................................................. 15,546 17,246 19,246

Total, Navigation Services ............................................... 102,293 108,997 114,929

Ocean Resources Conservation and Assessment:

Ocean Assessment Program ................................................. 44,846 41,465 49,515

Great Lakes Environmental Research Lab (GLERL) ............. 6,825 6,085 7,000

Response and Restoration ................................................... 15,329 20,149 19,884

Oceanic and Coastal Research ............................................ 8,470 8,500 10,500

Subtotal, Estuarine and Coastal Assessment ................. 68,645 76,199 86,899

Coastal Ocean Program ................................................................ 17,200 18,232 19,432

Total, Ocean Resources Conservation and Assessment .. 85,845 94,431 106,331

Ocean and Coastal Management:

Coastal Zone Management Grants ...................................... 54,700 147,400 60,000

Estuarine Research Reserve System .................................... 6,000 12,000 12,000

Nonpoint Pollution Control ................................................... 2,500 4,500 ...................

Program Administration ....................................................... 4,500 6,608 4,500

Subtotal, Coastal Management ....................................... 67,700 170,508 76,500

Marine Sanctuary Program ............................................................ 23,000 32,000 23,500

Total, Ocean and Coastal Management .......................... 90,700 202,508 100,000

Total, National Ocean Service ......................................... 278,838 405,936 321,260

NATIONAL MARINE FISHERIES SERVICE

Information Collection and Analysis:

Resource Information ........................................................... 108,348 101,989 117,995

Antarctic Research ............................................................... 1,234 1,200 2,000

Chesapeake Bay Studies ...................................................... [1,890] 1,500 2,500

MARFIN ................................................................................. 2,750 2,750 3,500

SEAMAP ................................................................................. 1,200 1,200 1,200

Alaskan Groundfish Surveys ................................................. 900 661 900

Bering Sea Pollock Research ............................................... 945 945 945

West Coast Groundfish ......................................................... 820 780 780

New England Stock Depletion .............................................. 1,000 1,000 1,000

Hawaii Stock Management Plan .......................................... 500 ................... 500
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[In thousands of dollars]

2000 appropriation2001 budget

request

Committee

recommendation

Yukon River Chinook Salmon ............................................... 1,200 700 1,800

Atlantic Salmon Research .................................................... 710 710 710

Gulf of Maine Groundfish Survey ......................................... 567 567 567

Dolphin/Yellowfin Tuna Research ......................................... 250 250 250

Pacific Salmon Treaty Program ............................................ 17,431 10,587 10,587

Hawaiian Monk Seals ........................................................... 750 500 800

Red Snapper Monitoring ....................................................... ................... ................... 7,500

Steller Sea Lion Recovery Plan ............................................ 4,000 1,440 12,300

Hawaiian Sea Turtles ........................................................... 285 248 300

Halibut/Sablefish .................................................................. 1,200 1,200 1,200

Subtotal ............................................................................ 146,980 128,427 167,334

Fishery Industry Information:

Fish Statistics ...................................................................... 13,000 18,871 21,871

Alaska Groundfish Monitoring .............................................. 5,500 5,200 7,100

PACFIN/Catch Effort Data .................................................... 3,000 3,000 3,700

AKFIN (Alaska Fishery Information Network) ........................ 2,500 ................... 3,400

RECFIN .................................................................................. 3,700 3,100 3,700

GULF FIN Data Collection Effort ........................................... 3,500 ................... ...................

Subtotal ............................................................................ 31,200 30,171 39,771

Information Analyses and Dissemination ..................................... 20,900 21,403 21,403

Computer hardware and software ................................................ 3,500 3,500 3,500

Subtotal ............................................................................ 24,400 24,903 24,903

Total, Information, Collection and Analyses .................... 202,580 183,501 232,008

Conservation and Management Operations:

Fisheries Management Programs ......................................... 39,060 40,325 72,595

Columbia River Hatcheries ................................................... 12,055 15,212 15,743

Columbia River Endangered Species ................................... 288 288 288

Regional Councils ................................................................. 13,150 13,100 15,100

International Fisheries Commissions ................................... 400 400 400

Management of George’s Bank ............................................ 478 478 478

Pacific Tuna Management ................................................... 2,300 1,250 3,000

Fisheries Habitat Restoration ............................................... 2,000 4,000 2,000

NE Fisheries Management .................................................... 6,000 11,980 8,980

Transfers from USDA ............................................................ ................... 20,000 20,000

Subtotal, Fisheries Management Programs ..................... 75,731 112,033 145,284

Protected Species Management .................................................... 6,200 8,988 11,288

Driftnet Act Implementation ................................................. 3,439 3,278 5,250

Marine Mammal Protection Act ............................................ 7,583 7,225 9,225

Endangered Species Act Recovery Plan ............................... 43,500 55,450 47,765

Dolphin Encirclement ........................................................... 3,300 3,300 3,300

Native Marine Mammals ...................................................... 950 700 1,200

Observers/Training ................................................................ 2,650 4,500 4,925

Subtotal ............................................................................ 67,622 83,441 82,953

Habitat Conservation ..................................................................... 9,200 11,079 11,079
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Enforcement and Surveillance ...................................................... 17,950 22,354 22,354

Total, Conservation, Management and Operations ......... 170,503 228,907 261,670

State and Industry Assistance Programs:

Interjursidictional Fisheries Grants ...................................... 2,600 2,590 2,590

Anadromous Grants .............................................................. 2,100 2,100 2,100

Interstate Fish Commissions ................................................ 7,750 4,000 8,750

Subtotal ............................................................................ 12,450 8,690 13,440

Fisheries Development Program:

Product Quality and Safety/Seafood Inspection ................... 9,500 8,328 9,078

Hawaiian Fisheries Development ......................................... 750 ................... 750

Subtotal ............................................................................ 10,250 8,328 9,828

Total, State and Industry Programs ................................ 22,700 17,018 23,268

Acquisition of Data ....................................................................... 25,943 25,944 26,944

Total, NMFS ...................................................................... 421,726 455,370 543,890

OCEANIC AND ATMOSPHERIC RESEARCH

Climate and Air Quality Research:

Interannual and Seasonal .................................................... 16,900 14,986 14,986

Climate and Global Change Research ................................. 67,000 67,095 68,895

Climate Observations and Services ..................................... ................... 24,000 14,000

GLOBE ................................................................................... 3,000 5,000 ...................

Subtotal ............................................................................ 86,900 111,081 97,881

Long-term Climate and Air Quality Research ...................... 30,000 30,525 33,025

High Performance Computing .............................................. 12,750 12,750 12,750

Subtotal ............................................................................ 42,750 43,275 45,775

Total, Climate and Air Quality Research ......................... 129,650 154,356 143,656

Atmospheric Programs:

Weather Research ................................................................. 37,350 37,075 38,075

STORM .................................................................................. 1,000 ................... 1,000

Wind Profiler ......................................................................... 4,350 4,350 4,350

Subtotal ............................................................................ 42,700 41,425 43,425

Solar Terrestrial Services and Research .............................. 7,000 6,182 6,182

Total, Atmospheric Programs ........................................... 49,700 47,607 49,607

Ocean and Great Lakes Programs:

Marine Research Prediction ................................................. 27,325 22,595 30,245

Sea Grant Program ............................................................... 59,250 59,250 64,750

National Undersea Research Program ................................. [13,800] ................... 17,000
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Total, Oceans and Great Lakes Program ........................ 107,200 87,595 111,995

Acquisition of Data ....................................................................... 12,952 12,952 12,952

Total, Ocean and Atmospheric Research ........................ 300,502 302,510 318,210

NATIONAL WEATHER SERVICE

Operations and Research:

Local Warnings and Forecasts ............................................. 444,487 466,471 463,237

Susquehanna River flood system ......................................... 1,125 619 1,500

Aviation forecasts ................................................................. 35,596 35,596 35,596

Advanced Hydrological Prediction System ........................... 1,000 1,000 1,000

WFO Maintenance ................................................................. 3,250 5,250 5,250

Subtotal ............................................................................ 485,458 508,936 506,583

Central Forecast Guidance ............................................................ 37,081 38,001 38,001

Atmospheric and Hydrological Research ....................................... 3,000 3,068 3,068

Total, Operations and Research ...................................... 525,539 550,005 547,652

Systems Acquisition:

Public Warnings and Forecast Systems:

NEXRAD ........................................................................ 38,836 38,802 38,802

ASOS ............................................................................ 7,345 7,423 7,423

AWIPS/NOAA Port ......................................................... 32,150 38,642 38,642

Total, Systems Acquisition ...................................... 78,331 84,867 84,867

Total, National Weather Service ............................. 603,870 634,872 632,519

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION

SERVICE

Satellite Observing Systems:

Ocean Remote Sensing ........................................................ 4,000 4,000 4,000

Global Disaster Information Network ................................... ................... 5,500 ...................

Environmental Observing Systems ....................................... 53,300 53,912 56,412

Total, Satellite Observing Systems .................................. ................... 63,412 60,412

Environmental Data Management Systems:

Data and Information Services ............................................ 12,335 12,335 12,335

Regional Climate Centers .................................................... 2,750 ................... 3,600

Total, Environmental Data Management Systems .......... 53,785 44,789 51,689

Total, NESDIS ................................................................... 111,085 108,201 112,101

PROGRAM SUPPORT

Administration and Services:

Executive Direction and Administration ............................... 19,387 19,902 19,902

Systems Acquisition Office ................................................... 712 712 712
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Subtotal ............................................................................ 20,099 20,614 20,614

Central Administrative Support ..................................................... 36,350 33,132 36,350

Minority Serving Institutions ......................................................... ................... 17,000 ...................

Retired Pay, Commissioned Officers ............................................. ................... ................... ...................

Total, Administration and Services ................................. 56,449 70,746 56,964

Aircraft Services ............................................................................ 10,760 11,009 14,309

Rent Savings ................................................................................. ¥4,656 ................... ...................

Total, Program Support .................................................... 62,553 81,755 71,273

Fleet maintenance and planning .................................................. 13,243 9,294 19,004

Facilities:

NOAA Facilities Maintenance ............................................... 1,809 1,941 1,941

Environmental Compliance ................................................... 2,000 3,899 7,899

Suitland Facility ................................................................... ................... ................... 14,700

Columbia River Facilities ..................................................... 3,365 ................... 3,465

Boulder Facilities Operations ............................................... 3,850 5,350 4,000

NERRS Construction ............................................................. ................... ................... 3,000

NARA Records Management ................................................. ................... 262 262

Total, Facilities ................................................................ 11,024 11,452 35,267

Offset for Fee Collections .............................................................. 4,000 ................... 4,000

Mandatory Payment, NOAA Corps Retirement ............................... ................... ................... 14,400

Total, direct obligations ................................................... 1,802,841 2,009,389 2,071,924

Reimbursable obligations .............................................................. 195,767 204,400 204,400

Fiscal Year 2000 Magnuson Fee Collections Offsetting Collections (data sales) ..................................................................... 3,600 3,600 3,600

Total, direct obligations ................................................... 2,002,208 2,217,389 2,279,924

Financing:

Deobligations ........................................................................ ¥36,000 ¥36,000 ...................

Unobligated Balance transferred, net .................................. ¥36,000 ¥36,000 ¥10,000

Offsetting Collections (data sales) ...................................... ¥3,600 ¥3,600 ¥3,600

Offsetting Collections (fish fees/IFQ,CDQ) ........................... ¥4,000 ................... ...................

Anticipated Offsetting Collections (Fish fees) ..................... ................... ¥20,000 ...................

Anticipated Offsetting Collections (navigation fees) ........... ................... ¥14,000 ...................

Mandatory Payment, NOAA Corps Retirement ...................... ¥14,400 ¥14,400 ...................

Federal Funds ....................................................................... ¥134,927 ¥147,700 ¥147,700

Non-Federal Funds ............................................................... ¥60,640 ¥56,700 ¥56,700

Subtotal, Financing .......................................................... ¥242,019 ¥244,000 ¥218,000

Budget authority ............................................................................ 1,760,189 1,973,389 2,061,924

Financing from:

Promote and Develop American Fisheries ............................ ¥68,000 ¥68,000 ¥66,278

Damage Assessment Revolving Fund .................................. ................... ¥2,162 ...................
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Coastal Zone Management Fund ......................................... ¥4,000 ¥3,200 ¥3,200

NOAA Corps Retirement ........................................................ ................... ................... ¥14,400

Transfer from USDA, Disaster Research .............................. ................... ................... ¥20,000

Total, ORF ........................................................................ 1,688,189 1,848,189 1,958,046

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

Systems Acquisition:

AWIPS .................................................................................... 16,000 17,300 17,300

ASOS ..................................................................................... 3,855 5,125 5,125

NEXRAD ................................................................................. 8,280 9,580 9,580

Computer Facilities Upgrades .............................................. 11,100 15,085 15,085

Polar Spacecraft and Launching ......................................... 190,979 213,639 213,639

Geostationary Spacecraft and Launching ............................ 266,615 290,824 290,824

Radiosonde Replacement ..................................................... 7,000 7,000 7,000

GFDL Supercomputer ............................................................ 5,000 7,000 7,000

CAMS .................................................................................... ................... 15,823 17,823

Evansville Doppler Radar ..................................................... ................... 5,500 ...................

National Data Archive .......................................................... ................... 4,000 4,000

Weather Radio Expansion/Enhancement .............................. ................... 6,244 6,244

Subtotal, Systems Acquisition ......................................... 508,829 597,120 593,620

Construction:

Boulder Lab Above Standard Costs:

WFO Construction ........................................................ 9,526 9,526 9,526

NERRS Construction .................................................... 13,250 8,000 15,000

Folly Beach .................................................................. ................... ................... 2,000

Botanical Gardens ....................................................... [1,500] ................... ...................

Alaska Facilities .......................................................... 9,750 1,000 19,000

CSC Wing ..................................................................... ................... ................... 4,000

Pribilof Island Cleanup ............................................... ................... ................... 3,000

Marine Sanctuaries ..................................................... 3,000 3,000 ...................

Suitland Facility .......................................................... 3,000 ................... ...................

Western Region Consolidation ..................................... ................... 200 200

LaJolla Bluffs ............................................................... ................... 4,600 4,600

Norman Consolidation Project ..................................... ................... 3,000 3,000

Subtotal, Construction ............................................ 41,571 29,326 60,326

Fleet Replacement:

Naval Surplus Vessels .......................................................... 51,567 ................... 6,800

Fisheries Research Vessel Replacement .............................. ................... 8,300 8,300

Adventurous Refurbishment ................................................. ................... 8,000 8,000

Subtotal, Fleet Replacement ............................................ 51,567 8,000 23,100

Deobligations (PAC) ....................................................................... ¥7,400 ¥7,504 ¥7,504

Total, PAC ........................................................................ 594,567 635,222 669,542

Pacific Coastal Salmon Funds ...................................................... 58,000 160,000 58,000

Pacific Salmon Treaty ................................................................... 20,000 100,000 ...................

Coastal Impact Assistance Fund .................................................. ................... 100,000 ...................

Fisherman’s Contingency .............................................................. 953 951 953
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Foreign Fish. Observer Fund ......................................................... 189 191 191

Fisheries Finance Program ............................................................ 338 6,628 338

Total, NOAA ...................................................................... 2,343,736 2,761,181 2,687,070

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

NATIONAL OCEAN SERVICE

The Committee recommendation provides a total of $321,260,000

for activities of the National Ocean Service [NOS] for fiscal year

2001, a decrease of $84,676,000 below the request.

The request included the assumption of fees to be imposed on

navigation services, a proposal which was to be developed in conjunction with the U.S. Coast Guard. The fees, estimated to total

$14,000,000 in fiscal year 2000, would be used to offset NOAA’s

overall budget authority in fiscal year 2000. The Committee has

not received a proposal from the administration in support of this

fee initiative, and, therefore, does not recommend its adoption in

fiscal year 2001.

For navigation services, the Committee recommends a total of $114,929,000, an increase of $5,932,000 over the fiscal year 2001

request and $28,182,000 above the fiscal year 2000 appropriation.

Included in this amount is: an increase of $1,500,000 above the administration’s request for shoreline mapping; an increase of $4,000,000 above the request for funds to address survey backlogs;

$500,000 to continue the South Carolina geodetic survey; $500,000

to continue the National Height Modernization Survey; and

$2,880,000 to continue funding for the evaluation and interpretation of innovative equipment and techniques for the acquisition of

survey data at the University of New Hampshire’s joint hydro- graphic center. The Committee recommends $2,000,000 above the

request for data acquisition for building NOAA Corps officer

strength and days at sea.

Under the ‘‘Ocean resources conservation and assessment’’ account, the Committee recommends a level of $49,515,000 to fund

pfiesteria and harmful algal blooms research and monitoring, hypoxia research, ecosystem monitoring in south Florida, and other

activities supporting clean water initiatives. Included in this funding is $5,800,000 to support NOAA’s cooperative agreement with

the Cooperative Institute for Coastal and Estuarine Environmental

Technology and $20,000,000 for the Coastal Services Center, of

which $1,250,000 shall be made available for a Pacific Coastal

Services Center in Hawaii. The recommendation contains a total of

$5,175,000 for pfisteria and other harmful algal bloom research

and monitoring, of which $1,000,000 is for a pilot project to preemptively address emerging problems prior to the occurrence of

harmful algal blooms to be carried out by the South Carolina Department of Marine Resources. The Committee funds the South

Florida Ecosystem line item under this account at $900,000, which
113

is $1,000,000 below the request and equal to the fiscal year 2000

appropriation. The Committee has moved funding for coral reefs

from the ‘‘Response and Restoration’’ line item to the Ocean Assessment program. Under this heading, the Committee recommends

$2,000,000 to support critical research at the National Coral Reef

Institute and to continue Hawaiian coral reef monitoring and assessment by the University of Hawaii. The recommended level also

funds the Great Lakes Environmental Research Laboratory

(GLERL) at a level of $7,000,000, an increase of $915,000 above the

request. Of the funds made available for GLERL, the Committee

recommends increased research efforts on the ‘‘fishhook flea’’ in the

Great Lakes Basin, including Lake Champlain. Under the ‘‘Response and Restoration’’ line of this account, the Committee recommends a total of $19,884,000, which includes: base funding of

$10,000,000; $2,674,000 for estuarine and coastal assessment,

$5,210,000 for damage assessment, $1,000,000 for the Oil Pollution

Act of 1990, and $1,000,000 for coastal resource coordination. In

addition, the Committee supports an increase of $1,000,000 above

the requested level for the ‘‘Oceanic and coastal research’’ line item

for operational costs of the Marine Environmental Health Research

Laboratory, an increase of $500,000 for continued fish forensics, enforcement and pfisteria as well as $280,000 for the Southeast Fisheries laboratory. The recommendation also includes $250,000 for a

coastal urbanization study consistent with the direction contained

in the fiscal year 2000 report. Under funding for the Coastal Ocean

Program, the Committee directs the program to work with and continue its current levels of support for the Baruch Institute’s research and monitoring of small, high-salinity estuaries. The recommended funding level also supports $1,200,000 for continuation

of the 1995 competitively approved land use-coastal ecosystem

study, and funding at the requested level for ECOHAB pfiesteria,

hypoxia, and the South Florida ecosystem.

The Committee is concerned about the national overhead costs

associated with managing the missions and operations of the research facilities funded in the Oceanic and Research account.

Therefore, the Committee recommends a pilot initiative whereby

oversight for the budget and management operations for the Marine Environmental Health Research Lab and the Charleston Lab

would be provided by the Coastal Services Center in an effort to

reduce program management costs and enhance program effectiveness. The Committee intends that the full funding level appropriated within the Oceanic and Coastal Research account for these

two labs also be transferred to the Coastal Services Center.

Under the ‘‘Ocean and coastal management’’ account, the Committee recommends an overall funding level of $100,000,000. The

recommendation of $60,000,000 increases support for coastal zone

management grants by $5,300,000 above the fiscal year 2000 appropriation and is $87,400,000 below the request. Program administrative expenses are funded at $4,500,000, which is last year’s

level, and $2,108,000 below the request. The administration’s request for over a twofold increase in funding for the coastal zone

management grant program is based on enactment of legislation

which has not been approved by Congress. The Committee funds

the National Estuarine Research Reserve System [NERRS] Pro-
114

gram at $12,000,000, which is the requested level. The Committee

recommends funding of $23,500,000 for the Marine Sanctuary Program in fiscal year 2001, which is $500,000 above the fiscal year

2000 appropriation, and is $8,500,000 below the request. The recommendation includes $500,000 for the continued funding for the

Northwest Straits Commission. The Committee encourages the

agency to continue its work with the Mariner’s Museum and the

Navy on efforts to recover and preserve the Monitor. The Committee does not recommend funding the section 6217 nonpoint pollution control program.

NATIONAL MARINE FISHERIES SERVICE

The Committee recommendation provides a total of $543,890,000

for the programs of the National Marine Fisheries Service [NMFS]

for fiscal year 2001, instead of $455,370,000 as requested. The

Committee recommends funding, as shown in the preceding table,

for a variety of important research and information programs

which are designed to promote a sustainable use of valuable marine resources.

The administration’s request for NMFS contained proposed new fees totaling $20,000,000 in fiscal year 2001. Of this amount,

$4,000,000 are authorized to be collected under the Magnuson-Stevens Act to support the Community and Individual Fishery Quota

Program. The Committee directs NOAA to spend these fees to support this program during fiscal year 2001. The Committee recommends $500,000 for the Hawaiian Community Development Program and fishery demonstration projects for native fisheries development as authorized under the Magnuson-Stevens Act. The remaining fees to be collected were to be derived from an ex-vessel

tax on the value of fish caught by commercial fishing vessels. The

Committee is concerned that NMFS has become overburdened by

lawsuits regarding a variety of issues related to fisheries and protected species, for example, steller sea lions and the Northern right

whale. In order to assist the Committee in assessing this trend,

NMFS is directed to provide a quarterly status report on pending

litigation.

Like the fees discussed elsewhere in this report, the administration has based its budget submission on the adoption of a fee proposal which does not exist and which has been promised to Congress for 3 years. The Committee has, in the past, expressed its

willingness to consider a well-reasoned fee proposal developed in

conjunction with interested parties. The failure of the administration to forward a fee proposal, yet base its budget request on the

collection of the fees, could be overlooked if it were done in one fiscal year. The decision to pursue such a scheme year after year is

a cynical abuse of the budgeting process.

Information Collection and Analysis.—Under NMFS’ ‘‘Information Collection and Analysis’’ account, the Committee makes several recommendations, the majority of which are to continue funding for existing programs. The Committee recommends

$117,995,000 in the resource information line item under this account. Within the base resource information funds, the Committee

recommends $250,000 for the harvest technology unit. This will

provide onsite technical assistance to the National Warmwater
115

Aquaculture Research Center at Stoneville until sufficient harvest

technology expertise can be transferred from NMFS to the staff at

the center. The Committee directs that $6,500,000 be used to implement the Magnuson-Stevens Act off the coast of Alaska, including the survey of Gulf of Alaska stocks, in-season fishery monitoring improvements, implementation of the license limitation program and preparation of an environmental impact statement on

steller sea lions. The recommendation includes $4,000,000 for West

Coast groundfish of which the Committee recommends that NMFS

make available a total of $3,250,000 to the base budget of the

Northwest Fisheries Science Center to perform groundfish research. The Committee further recommends West Coast groundfish

research currently performed by the Alaska and Southwest Fisheries Science Centers not be shifted to the Northwest center without additional funding in excess of the $3,250,000 base funding recommended by the Committee; $2,500,000 for the Gulf of Mexico

stock enhancement consortium; $1,000,000 for the Chesapeake Bay

Oyster Recovery Partnership; $1,250,000 for Alaska near shore

fisheries; $200,000 to conduct sampling of the lobster population in

State waters in New England; $200,000 for a Kotzebue Sound test

fishery for king crab and sea snail research; $400,000 to continue

research on shrimp pathogens in the southeastern United States;

$300,000 to continue a study of the status and trends of southeastern sea turtles; $300,000 for research on the Charleston bump,

an offshore bottom feature which attracts large numbers of fish;

$200,000 for research on Atlantic herring and mackerel; $500,000

for the South Carolina Taxonomic Center; $600,000 for bluefin

tuna tagging; $500,000 for the Chesapeake Bay multi-species management strategy; $3,600,000 for a Tri-Coastal Marine Stock Assessment; $1,500,000 for Bering Sea crab; and $200,000 for the

Northeast Fisheries Science Center for the Virginia Institute for

Marine Science to continue participation in the Cooperative Marine

Education and Research Program. The Committee recommends

funding Chesapeake Bay Studies at a level of $2,500,000, an increase of $1,000,000 above the request. The Committee recommends a level of $2,000,000 for Antarctic Research, an increase

of $800,000 above the request. Funding for MARFIN is increased

by $750,000 above the request to initiate a red snapper monitoring

program. Alaskan Groundfish Surveys are funded at $900,000; the

Hawaii Stock Management Plan at $500,000; the Yukon River Chinook Salmon at $1,800,000, with funding being made available to

the Yukon River Drainage Fisheries Association to continue habitat

restoration, monitoring projects, stock assessments, and bycatch research. Funding for NMFS’ work in support of the Pacific Salmon

Treaty Program is funded at a level of $8,743,000, which is the request for the base program. The request for the Pacific Salmon

Treaty funds is provided within the appropriation for the Department of State. The recommendation assumes the requested funding

for the Chinook Salmon Agreement. Out of funds provided for this

account, NMFS is directed to provide $25,000 to support the organizational meeting of the North Pacific Research Board which is

planning to provide additional marine research resources in the

North Pacific. In addition to the MARFIN enhancement, $7,500,000

is recommended for red snapper monitoring and research. Funding
116

of $300,000 is included to continue Hawaiian Sea Turtle studies

and $800,000 for Hawaiian monk seal research.

The Committee is greatly concerned by the administration’s proposed reduction of funding for Steller sea lion recovery off Alaska.

The cause of the Steller sea lion decline is still unknown, and costly limitations which could seriously impede the Nation’s most productive fisheries are being implemented. Lawsuits are being filed

which challenge the agency’s data on the Steller sea lion, and more

resources are needed to enable the agency to produce the science

and data to keep these fisheries open while protecting the sea lion

population. The Committee, therefore, has provided a total of

$12,300,000 including $7,000,000 for the National Marine Fisheries

Service, $2,500,000 for the State of Alaska, $1,000,000 for the Alaska SeaLife Center; $1,000,000 for the Gulf Apex Predator study at

the University of Alaska; and, $800,000 for the North Pacific Marine Mammal Consortium, to address this pressing concern. The Committee recommends $3,500,000 for computer hardware

and software, which is the requested level for fiscal year 2001. The

Committee cautions NMFS to pay careful attention to guidance

provided in the fiscal year 2000 report with regard to involving affected States in the development of software.

Fishery Industry Information.—The Committee recommends a

level of $39,771,000 for NMFS’ Fishery Industry Information programs. The recommendation includes funding for two new initiatives: the effort to collect information in support of Magnuson-Stevens Act National Standard 8, and research and data collection on

fishing communities and economics. A General Accounting Office

(GAO) report, conducted at the request of the Committee, found

that NMFS did not have the economic data or statistics to make

credible judgements regarding the impact of fisheries disasters on

fishing communities. The Committee recommendation includes a

base increase of $2,000,000 for the Atlantic States Marine Fishery

Commission (ASMFC), of which $1,750,000 is for their statistics

work and $250,000 is for lobster disease research. The Committee

has provided $7,100,000 for Alaska groundfish monitoring. Of this

amount, $1,600,000 is for the State of Alaska to implement new obligations required by the American Fisheries Act and the crab/scallop license limitation programs; $850,000 is for crab management,

$800,000 is for rock fish research by the State of Alaska, $350,000

is for NMFS rock fish research, $300,000 is for the Bering Sea

Fisherman’s Association, $225,000 is for the Gulf of Alaska Coastal

Communities Coalition, and $450,000 for the NMFS Alaska region

to implement an in-the-field fishery monitoring program to meet

Magnuson-Stevens Act requirements. The Committee recommends

$3,700,000 for PACFIN, the Pacific fishery information network.

The Committee directs NOAA to ensure that Hawaii receives an

appropriate share of PACFIN resources. The recommendation provides $3,400,000 for the Alaska fishery information network,

AKFIN. The Committee has provided $3,700,000 for the recreational fishing information network [RecFIN] program, and expects that the Pacific, Atlantic, and gulf States shall each receive

one-third of these funds with funding for inshore recreational species assessment and tagging efforts in South Carolina. The Committee expects that $250,000 will be used to continue the effort to
117

enhance the annual collection and analysis of economic data on marine recreational fishing.

Conservation, Management, and Operations.—The Committee

recommends $261,670,000 for NMFS conservation, management,

and operations. Within this account the Committee includes base

funds for fisheries management programs and the maintenance of

several existing NMFS facilities. The Committee recommendation

funds the requested level for Atlantic salmon recovery, Chinook

Salmon management, and the State of Maine recovery plan;

$3,000,000 for the Pelagic Fisheries Research Program, of which

$400,000 is for swordfish research at the NMFS Honolulu laboratory, and $2,600,000 is for JIMAR. The Committee recommends

$15,743,000 for Operations and Management of the Mitchell Act

Columbia River hatcheries. Of this total, $12,000,000 is provided

for base operations and maintenance, $1,287,000 for conservation

marking, and $1,839,800 for monitoring and evaluation, reform of

hatchery broodstocks, and reform of release protocols. In light of

the importance of fall chinook for the lower Columbia in-river and

ocean fisheries, $600,000 for fall chinook rearing is to be added to

the base funding of $4,792,000 for Washington State. Administration and overhead costs are not to exceed 3 percent of the total

funds provided. Funds are to be spent consistent with the Pacific

Northwest Power Planning Council’s ‘‘Artificial Production Review’’ and requirements under the Endangered Species Act. Production

programs will be reviewed by the Independent Scientific Review

Panel (ISRP) as part of the provincial review process as currently

proposed by the NWPPC. Funding for the Mitchell Act Fishway

and Irrigation Diversion Screen Program is in addition to funding

for the Hatchery Program and is provided separately under the

NOAA Construction Account. The Committee recommendation also

provides $6,700,000 for the implementation of the American Fisheries Act, of which not less than $500,000 shall be available to the

North Pacific Fishery Management Council, and of which $500,000

shall be available to the State of Alaska. The recommendation assumes the requested funding of $4,407,000 for NMFS facilities at

Santa Cruz ($800,000), Kodiak ($1,500,000) and Sandy Hook

($2,107,000).

The Committee continues to be concerned about the deteriorating

State of the Gulf of Maine groundfish fishery and has provided

$8,980,000 to NMFS for cooperative research, management, and

enforcement to address this issue. Included in this amount is

$5,000,000 for the Northeast Consortium to continue cooperative

research and development of selective gear technologies and for initiation of a program to utilize commercial fishing vessels as research platforms. The Committee further requests NMFS to work

with the New England Fisheries Management Council and affected

stakeholders to develop a long-term, comprehensive strategy to rebuild the Northeast groundfish stocks and provide for viable and

stable fisheries

Protected Species Management.—Under the ‘‘Protected species

management’’ account, the Committee recommends a total of

$82,953,000 for fiscal year 2001. The recommendation includes

funding for Driftnet Act implementation and the Marine Mammal

Protection Act. The recommendation includes $3,500,000 to provide
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assistance for the State of Maine Atlantic salmon recovery effort.

The Committee recommends $5,250,000 for implementation of the

High Seas Driftnet Fisheries Enforcement Act, North Pacific Anadromous Stocks Convention Act, Central Bering Sea Fisheries Enforcement Act, for the expenses of U.S. advisers and scientific observer coverage relating to these matters. Within this amount,

$225,000 is intended to be divided evenly between the State of

Alaska and State of Washington for their participation in these

three important areas. Also included under the Driftnet Act implementation is $1,700,000 for scientific observer coverage on vessels

in the Russian Exclusive Economic Zone (EEZ) to stop interceptions of U.S.-origin salmon, and an additional $150,000 to provide

operating costs for the Pacific Rim Fisheries Program, which provides unique information to Federal and State governments, as

well as to the fishing industry that promotes fisheries commerce in

Pacific rim countries. The Committee recommends $8,225,000 for

the Marine Mammal Protection Act, of which $1,000,000 is provided to the State of Alaska to continue harbor seal research. Within the amount provided for Endangered Species Recovery Plans,

the Committee has included the Administration’s request of $850,000 for the Alaska NMFS Region for Stellar sea lion recovery,

$750,000 for California sea lions, and dolphin encirclement studies.

The Committee expects NMFS to continue its right whale research

and provides $5,000,000 for this purpose, an increase of $900,000

above the fiscal year 2001 request. Of this amount, the Committee

directs NMFS to make $2,900,000 available to the Northeast Consortium to administer a competitive grants program with an independent review panel of experts and scientists in the field to fund

research on gear modification and operations. The Committee directs NMFS to use $1,100,000 of these funds to work with the fishing and shipping industries to design and conduct programs in

disentanglement methods, aerial surveys, habitat monitoring, tagging, and stranding response studies. The Committee expects

NMFS to continue funding acoustic studies and reproductive research. The Committee was dismayed at the agency’s lack of responsiveness to the Committee’s direction on the allocation of right

whale funds in fiscal year 2000, and directs the agency to report

to the Committee no later than November 30, 2000 with a spending

plan for fiscal year 2001.

The Committee does not recommend the $12,900,000 request for

41 new employees at the Northwest Regional office for the purpose

of salmon recovery work. The Committee is concerned that the

work of the staff has not focused on obtaining and analyzing scientific data on the status of the stocks, but more on regulatory and

enforcement activities. The Committee sees no utility in providing

more staff until the agency can provide a plan for salmonid recovery which is based on sound scientific data and analyses. Of the

funds provided for the Endangered Species Recovery Plan for salmon, the Committee directs that at least $3,000,000 be used only by

the Northwest Fisheries Science Center’s Cumulative Risk Initiative in Seattle for a coordinated ocean estuarine and ecology research program to improve the understanding of factors, such as

the Pacific Decadal Oscillation phenomenon, which may control

ocean recruitment, mortality, and habitat of salmon from the Co-
119

lumbia River estuary into the Pacific Ocean. The implementation

by the agency of any regulations for threatened salmonid species

under section 4(d) of the Endangered Species without a careful review of these factors is of concern to the Committee.

The Committee recommends funding the native marine mammal commissions line item at a level of $1,200,000. Included under native marine mammal commissions are funding for the Alaska Eskimo Whaling Commission ($400,000), the Beluga Whale Committee ($250,000), the Harbor Seal Commission ($200,000), the

Bristol Bay Native Association ($100,000), and the Aleut Marine

Mammal Commission ($250,000). The fishery observers/training

line includes: $1,875,000 for North Pacific marine resource observers; $2,275,000 to enhance observer coverage for vessels working in

overfished fisheries on the West Coast; $425,000 for the North Pacific Fishery Observer Training Center; and $350,000 for east coast

observers. Under enforcement and surveillance, the Committee recommends continued support at last year’s level for marine forensics

and southeast fisheries’ law enforcement, and the Committee expects continued cooperative laboratory activities between NMFS

and State and local governments and the academic community.

State and Industry Assistance Programs.—For State and industry programs, the Committee recommends $2,590,000 for the interjurisdictional fisheries grants and $2,100,000 for anadromous fishery grants. Of the $8,750,000 provided for the interstate fisheries

commissions, $8,000,000 shall be provided to the Atlantic States

Marine Fisheries Commission for the Atlantic Coastal Cooperative

Fisheries Management Act, and the remainder shall be provided to

each of the three interstate fisheries commissions (including the

ASMFC).

Fisheries Development Program.—The Committee recommends

$10,128,000 for the ‘‘Fisheries Development Program’’ account.

Within this amount, the Committee recommends $750,000 for the

Hawaiian Fisheries Development Program. As in prior fiscal years,

the Committee expects the Hawaii Stock Enhancement and Hawaiian Fisheries Development Programs to be administered by the

Oceanic Institute. The Committee also recommends $300,000 for

the Alaska Fisheries Development Foundation [AFDF] for its operational costs relating to the goals and objectives of the MagnusonStevens Act.

OCEANIC AND ATMOSPHERIC RESEARCH

The Committee recommendation includes a total of $318,210,000

for oceanic and atmospheric research for fiscal year 2001, instead

of $302,510,000 as requested and $300,502,000 as funded in fiscal

year 2000.

The Committee recommends a fiscal year 2001 level of

$143,656,000 for climate and air quality research. Within this account, the Committee recommendation provides the requested level

of $14,986,000 for interannual and seasonal climate research,

which includes $2,000,000 for the Climate Change Research Center

at the Institute for the Study of Earth, Oceans, and Space. The

Committee recommends $68,895,000 in fiscal year 2001 for the Climate and Global Change Program. The Committee has restored

$750,000 to the funding for the International Research Institute for
120

Climate Prediction (IRI), bringing the fiscal year 2001 funding level

to $8,000,000, as was provided in the fiscal year 2000 appropriation. This restoration of funding at the fiscal year 2000 level will

permit the IRI to continue important work in experimental climate

modeling and end-to-end, seasonal-to-interannual forecasting. It

will also permit IRI to further develop applications in the areas of

water, agriculture and public health.

The fiscal year 2001 request contains a new line item entitled Climate Observation and Services. Of the $24,000,000 requested by

the Administration for this new initiative, the Committee provides

funding of $14,000,000 for ocean observations. Of this amount,

$1,250,000 shall be made available for ice physics research at the

Thayer School of Engineering.

The Committee does not include funding for the GLOBE Pro- gram. Since its inception, $58,000,000 in Federal funds have been

expended for the GLOBE Program. In the fiscal year 2000 report,

the Committee directed NOAA to submit a report about the steps

taken to make the program self-sustaining. The report sent to the

Committee in response to this request indicated that the agency

has no plans to make the program self-sustaining, even though

Congress was told when the program was started that a sustained

effort to seek private funding would be initiated. The level of funding the program has received to date exceeds the funding for many

NOAA research programs in a comparable time period. The apparent unwillingness of the program to seek private contributions, as

originally promised, and the tough decisions this Committee must

make on funding decisions, places this program at a lower priority

compared to other research programs.

The Committee recommends fiscal year 2001 funding for long- term climate and air quality research at a level of $45,775,000.

Within this amount, $12,750,000 funds the request for high-performance computing. Included in the base funding for this account

is $500,000 to match an investment of State, local, and private resources of over $8,600,000 for the Central California Ozone Study.

For the atmospheric programs, the Committee recommends a fiscal year 2001 level of $43,425,000, an increase of $2,000,000 above

the request. The recommendation provides $37,075,000 in base

funding for weather research, of which $2,000,000 is for the U.S.

Weather Research Program. The Committee provides continued

funding of $1,000,000 to be used by OAR to incorporate wind-profile data into its operational forecast models and evaluate wind-profile measurements for improving the accuracy of weather forecasts.

This data is being collected by NESDIS as a pilot project. The Committee directs that $1,000,000 be made available to the Science

Center for Teaching, Outreach and Research on Meteorology

[STORM] for the collection and analysis of weather data in the

Midwest. The Committee recommends the requested level of

$6,182,000 for fiscal year 2001 for solar terrestrial services and research.

The Committee recommends a level of $111,995,000 for the ocean

and Great Lakes programs for fiscal year 2001. The Committee has

several recommendations within this account: $1,500,000 shall be

provided for southeast Atlantic marine monitoring and prediction

at the University of North Carolina; $500,000 for continued hy-
121

poxia research; $2,100,000 for the VENTS Program; $1,650,000 for

Arctic research; $1,000,000 for National Invasive Species Act implementation; $850,000 for ballast water research and small boat

portage zebra mussel dispersion problems in the Chesapeake Bay

and Great Lakes, including Lake Champlain; $200,000 for a Champlain Canal barrier demonstration; $500,000 for the Pacific Tropical ornamental fish program; $200,000 for the New England

airshed pollution study; $300,000 for the Lake Champlain study;

and, $6,400,000 for marine aquaculture, of which $2,400,000 is for

the Open Ocean Aquaculture Program, and $2,000,000 is for an

ocean exploration initiative. The Committee also funds tsunami

mitigation at a level of $3,300,000, of which $1,000,000 will be used

for the Tsunami Warning and Environmental Observatory in Alaska (TWEAK). The Committee expects OAR to honor its commitment under the U.S.-Japan Common Agenda for Cooperation in

Global Perspective to provide $1,000,000 to the International Pacific Research Center at the University of Hawaii. The Committee recommends $64,750,000 for the Sea Grant Program in fiscal year 2001. Of this amount, the Committee recommends: $3,000,000 for aquatic nuisance species research;

$1,500,000 for oyster disease research; and, $1,000,000 for the Gulf

of Mexico oyster initiative.

For the National Undersea Research Program [NURP], the Committee recommends a level of $17,000,000, an increase of

$6,050,000 above the fiscal year 2001 request. The Committee expects the funds to be equally divided of which $7,500,000 is to be

used for research conducted through east coast NURP centers and

of which $7,500,000 is to be used for research conducted through

west coast NURP centers, including the Hawaii and Pacific center

and the west coast and polar regions center. The remaining

$2,000,000 shall be used to work with the National Center for Natural Products for the development of biomedical products using sea

resources.

NATIONAL WEATHER SERVICE

The Committee recommendation includes a total of $632,519,000

for the National Weather Service [NWS] for operations, acquisitions, and research, which is $2,353,000 below the budget request.

The Committee recommends a total of $547,652,000 in fiscal year

2001 for NWS operations and research. Of this amount,

$463,237,000 will support local warnings and forecasts. The Committee makes several recommendations: $2,300,000 requested for

the Cooperative Observers Network; $1,000,000 for the advanced

hydrological prediction system initiative in fiscal year 2001 and

$1,500,000 for the Susquehanna River basin flood system. The

Committee recommendation also provides $3,650,000 for coastal

data buoys and $35,596,000 for aviation forecasts. Of the funds

provided for operations and research in fiscal year 2001, the Committee directs the NWS to provide $590,000 to the NOAA Cooperative Institute for Regional Prediction at the University of Utah to

implement data collection and automated weather station installation in preparation for the 2002 Winter Olympic games and

$500,000 for the Mt. Washington Observatory. The Committee further directs the NWS to provide the following amounts for NOAA
122

weather transmitters: $125,000 for New Hampshire; $100,000 for

South Dakota; $855,000 for new and replacement transmitters for

Kentucky, including back up power for Elizabethtown; and,

$270,000 for the North Dakota agricultural weather network. The

Committee also directs the National Weather Service to expedite

delivery and installation of radio transmitters for Grant, Ellis and

Dickinson Counties, Kansas. The ‘‘1995 Secretary’s Report to Congress on Adequacy of NEXRAD Coverage and Degradation of

Weather Services’’ requested further studies of several sites, including Williston, ND and and Erie, PA. The Committee provided funds

to begin mitigation in fiscal year 1999 at these sites. The Committee has provided $4,790,000 for the Secretary’s mitigation line

to continue current operations at these sites. In addition, the Committee directs the NWS to make appropriate arrangements to

maintain a local presence for the maintenance of the NOAA weather radio antenna in Erie, PA and develop a strategy to adequately

address the prediction of lake-effect snow in the area. The Committee also funds the requested levels of $38,001,000 for central

forecast guidance and, $3,068,000 for atmospheric and hydrological

research.

The Committee recommends a total of $84,867,000 for systems

acquisition in fiscal year 2001. Included in this amount are:

$38,802,000 for the NEXRAD radar system and $7,423,000 for the

advanced surface observing system [ASOS]. The Committee recommends funds for the advanced weather interactive processing

system [AWIPS/NOAA Port] at a level of $38,642,000.

For the NWS’ portion of the ‘‘Procurement, acquisition, and construction [PAC]’’ account, the Committee recommends funding for the following requested items: $9,580,000 for the NEXRAD radar

system; $5,125,000 for the ASOS system; $17,300,000 for AWIPS/

NOAA Port; $15,085,000 for computer facilities upgrades;

$7,000,000 for Radiosonde Replacement; $7,000,000 for the GFDL

Supercomputer; and, $6,244,000 for weather radio expansion and

enhancement. Under the construction account, the Committee recommends the requested $3,000,000 for the Norman consolidation

project.

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION

SERVICE

The Committee recommendation provides funds for the National

Environmental Satellite, Data, and Information Service [NESDIS]

at a level of $112,101,000 for fiscal year 2001. Of the funds made

available in this recommendation for fiscal year 2001, $60,412,000

is for satellite observing systems, which is $3,000,000 below the request. Of this amount, $4,000,000 is to continue ocean remote sensing and $56,412,000 is for environmental observing systems, of

which $2,500,000 is to continue the wind demonstration pilot

project at the Institute for the Study of Earth, Oceans, and Space

initiated in fiscal year 1998.

The Committee recommends fiscal year 2001 funding of

$35,754,000 for environmental data management systems. This

amount is $3,300,000 above the request and $2,946,000 below the

fiscal year 2000 appropriation. Within this account, the Committee

recommends: $2,500,000 for the Center for Spatial Data Rescue;
123

$26,754,000 for Weather Records Data Rescue; and $6,000,000 for

the National Coastal Ocean Data Development and Management

Center in Bay St. Louis, MS. The Committee recommendation also

includes the requested level of $500,000 for the cooperative network modernization. For data and information services, the Committee recommends $12,335,000, which is the requested level. The

Committee directs that $3,600,000 from available funds be used to

fund regional climate centers.

The Committee recommends a total of $504,463,000 for the ‘‘Procurement, acquisition, and construction [PAC]’’ account for

NESDIS, of which: $136,985,000 is recommended for the ‘‘Polar K–

N’’ and $232,209,000 for the ‘‘GOES N–Q’’ accounts; polar convergence [NPOESS] is funded at a level of $76,654,000; and GOES I–

M is funded at a level of $58,615,000.

PROGRAM SUPPORT

The Committee recommendation provides $71,273,000 for the

NOAA program support functions. This level is $8,720,000 above

current year funding and $10,482,000 below the request. The recommendation includes $14,309,000 for aircraft services in fiscal

year 2001. The Committee does not recommend funding for a

$17,000,000 initiative to provide funding to historically black colleges and universities to train scientists. While the Committee believes that more women and minorities should be encouraged to

seek careers in mathematics and sciences, funding for this purpose

should be provided by the Department of Education, the National

Academy of Sciences or the National Science Foundation. Within

the Procurement, Acquisition and Construction account, the Committee provides the requested $17,823,000 for the Commerce Administrative Management System (CAMS) an increase of

$2,000,000 above the request. The Committee requests quarterly

reports from the agency on the implementation of CAMS. The initial report should include an overview of planned CAMS implementation, including milestones, and cost estimations for each stage of

the project deployment. All subsequent reports should outline

progress in meeting the milestones and spending targets.

COASTAL ZONE MANAGEMENT FUND

This fund consists of loan repayments arising from the former

Coastal Energy Impact Program which are transferred to the ‘‘Operations, research, and facilities’’ account for program grants. The Committee recommendation includes $3,200,000 from the

coastal zone management [CZM] fund for CZM program management and other purposes authorized by section 308 of the Coastal

Zone Management Act.

FLEET MAINTENANCE AND PLANNING

The Committee recommendation provides the requested level of

$19,004,000 for the ‘‘Fleet maintenance and planning’’ account.

FACILITIES

The Committee recommends a total of $35,267,000 for NOAA facilities during fiscal year 2001. This account includes: facilities
124

maintenance funding and space planning environmental compliance; Boulder facilities operations; and National Archives and

Records Administration records management.

The Committee is concerned about the 39 percent increase in the

rent for the Boulder facility, and believes the General Services Administration (GSA) is overcharging the agency for this facility. The

Committee directs the agency to continue working with the GSA to

negotiate a reasonable rent level for this facility. The recommendation provides $4,000,000 for the Boulder facility in fiscal year 2001,

which is an increase of $150,000 above the fiscal year 2000 appropriation and is $1,350,000 below the request.

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

Funding for the ‘‘Procurement, acquisition, and construction’’ account has been described in the narrative regarding systems acquisition projects associated with the major line offices of NOAA. The

total amount for this account in fiscal year 2001 is $669,542,000.

Within the ‘‘Construction’’ account, the Committee recommends a

total of $60,326,000, of which: $9,526,000 is for Weather Forecast

Office construction; $15,000,000 is for National Estuarine Research

Reserve construction (of which $5,000,000 is for Great Bay and

$5,000,000 is for Kachemak Bay); $19,000,000 is for Alaska facilities (of which $15,000,000 is for Juneau and $4,000,000 is for the

Sealife Center); $2,000,000 is for the Folly Beach Seabrook Tract;

$3,000,000 is for Pribilof Island cleanup; $200,000 is for Western

region consolidation; $4,000,000 is for the Coastal Services Center;

and, $4,600,000 is for LaJolla bluffs stabilization. The Committee

directs NOAA to plan, design, and construct the Juneau facility in

a manner that allows the University of Alaska (UA) to connect to

critical systems, including the sea water and waste water systems,

provides adequate access to the NOAA/UA facilities, allows the efficient addition of the UA building, and avoids unnecessary duplication without increasing costs. For ‘‘Fleet Replacement’’, the Committee recommends a fiscal year 2001 level of $23,100,000. Of this

amount, $6,800,000 is for the acquisition and refurbishment of

navy surplus vessels for use as research ships for the agency;

$8,300,000 is for continued construction of a new fishery research

vessel; and $8,000,000 is to be used to refurbish the Adventurous

and the Fairweather.’’

OTHER

PACIFIC COASTAL SALMON RECOVERY

Appropriations, 2000 ............................................................................. $58,000,000

Budget estimate, 2001 ........................................................................... 160,000,000

House allowance .................................................................................... 58,000,000

Committee recommendation ................................................................. 58,000,000

The Committee recommendation provides $58,000,000 for the Pacific Coastal Salmon Recovery Account, which is the same as the

fiscal year 2000 appropriation, and is $102,000,000 below the request. The recommendation allocates these funds according to the

levels contained in last year’s appropriation: $18,000,000 for Washington; $14,000,000 for Alaska; $9,000,000 each for Oregon and

California; $6,000,000 for coastal tribes; and, $2,000,000 for river
125

tribes. Of the funds made available to the State of Washington,

$4,000,000 shall be allocated through the Salmon Recovery Funding Board directly to the Washington State Department of Natural

Resources and other State and Federal agencies for purposes of implementing the State of Washington’s Forest and Fish Report. The

monies shall be spent in accordance with the terms and conditions

of the Forest and Fish Report and consistent with the requirements

of the Endangered Species Act and Clean Water Act. Of the funds

made available to the State of Alaska, $6,650,000 shall be allocated

for a salmon research center at Ship Creek, and $350,000 shall be

used to continue the operation of the Crystal Lake hatchery in Petersburg, and $1,000,000 for the Metlakatla hatchery.

FISHERMEN’S CONTINGENCY FUND

Appropriations, 2000 ............................................................................. $953,000

Budget estimate, 2001 ........................................................................... 951,000

House allowance .................................................................................... 951,000

Committee recommendation ................................................................. 953,000

The Committee recommends the requested amount of $953,000

for the fishermen’s contingency fund, which is at the level appropriated for fiscal year 2000.

The fishermen’s contingency fund provides compensation to U.S.

fishermen for damage or loss of fishing gear and any resulting loss

because of natural or man-made obstructions related to oil and gas

exploration, development, and production on the Outer Continental

Shelf. The Secretary of Commerce is authorized to establish an

area account within the fund for any area within the Outer Continental Shelf. A holder of a lease, permit, easement, or right-of-way

in such area is required to pay a fee into the appropriate area account in the fund. Each area account, if depleted, will be replenished by assessment. The authorization stipulates that amounts

available in each area account can be disbursed only to the extent

provided by appropriations acts. Since receipts collected may not be

sufficient for this appropriation, the Committee has included language which provides that the sums necessary to eliminate the insufficiency may be derived from the general fund of the Treasury.

FOREIGN FISHING OBSERVER FUND

Appropriations, 2000 ............................................................................. $189,000

Budget estimate, 2001 ........................................................................... 191,000

House allowance .................................................................................... 189,000

Committee recommendation ................................................................. 191,000

The Committee recommends $191,000 for the foreign fishing observer fund for fiscal year 2001, as requested.

Fees paid into the fund are collected from owners and operators

of certain foreign fishing vessels that fish within the U.S. fishery

conservation zone. The fund supports salaries of U.S. observers and

program support personnel, other administrative costs, and the

cost of data management and analysis.
126

FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2000 ............................................................................. $338,000

Budget estimate, 2001 ........................................................................... 6,628,000

House allowance .................................................................................... 238,000

Committee recommendation ................................................................. 338,000

The Committee recommendation provides $338,000 for the fisheries finance program account. This amount is $6,290,000 below

the fiscal year 2001 request and at the level of the fiscal year 2000

appropriation. Of the funds provided, $100,000 is for entry level

and small vessel individual fishery quota (IFQ) obligation guarantees in the halibut and sablefish fisheries off Alaska pursuant to

section 1104A(a)(7) of the Merchant Marine Act of 1936. These

funds are provided for IFQ loans in accordance with section

303(d)(4) of the Magnuson-Stevens Act and section 108(g) of the

Sustainable Fisheries Act.

DEPARTMENT MANAGEMENT

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $31,500,000

Budget estimate, 2001 ........................................................................... 51,408,000

House allowance .................................................................................... 28,392,000

Committee recommendation ................................................................. 48,140,000

The Committee recommends a total of $48,140,000 for Departmental Management in fiscal year 2001. This account used to be

entitled ‘‘General Administration’’, and included salaries and expenses for the Department of Commerce, including the Office of the

Secretary, the Office of the Chief Financial Officer, General Counsel, Congressional and Public Affairs. For this purpose in fiscal

year 2001, the Committee recommends an appropriation of

$32,340,000 for salaries and expenses.

The fiscal year 2001 budget submission included separate funding requests entitled ‘‘Digital Department’’ and ‘‘Security’’. These

matters should not be considered separately from the overall administration of the Department of Commerce, and are included

under this new heading, ‘‘Departmental Management’’. The request

for the ‘‘Digital Department’’ is to provide $5,800,000 to update the

wiring and cable in the Department’s main building. The rewiring

of this building is needed, but the Committee is concerned about

the lack of specificity about the Department’s plans in carrying out

this project. The Committee requires a spending plan for these

funds not later than December 1, 2000.

The Department also requested $13,268,000 for Departmental security for fiscal year 2001. The Committee recommends funding

$10,000,000 of this request, but also requires the submission of a

spending plan by December 1, 2000. These funds should be used

only for Department-specific activities and are not to be used to

fund counterintelligence activities or programs outside of the Department.
127

OFFICE OF THE INSPECTOR GENERAL

Appropriations, 2000 ............................................................................. $20,000,000

Budget estimate, 2001 ........................................................................... 22,726,000

House allowance .................................................................................... 21,000,000

Committee recommendation ................................................................. 19,000,000

The Committee recommends $19,000,000 for the Commerce Department’s Office of the Inspector General for fiscal year 2001. This amount is $1,000,000 below the fiscal year 2000 appropriation and

$3,726,000 below the fiscal year 2001 request.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee includes the following general provisions for the

Department of Commerce that were included in the fiscal year

2000 appropriations act. Sections 201 through 208 are continuations of language included in previous appropriations acts.

Section 201 makes Commerce Department funds available for advanced payments only upon certification of officials designated by

the Secretary that such payments are considered to be in the public

interest.

Section 202 makes appropriations for salaries and expenses

available for the hire of passenger motor vehicles, and for services,

uniforms, and allowances as authorized by law.

Section 203 prohibits any funds to be used to support hurricane

reconnaissance aircraft and activities that are under the control of

the U.S. Air Force or the U.S. Air Force Reserve.

Section 204 prohibits the use of Commerce Department funds in

this or any previous act from being used for the purpose of reimbursing the unemployment trust fund or any other account of the

Treasury to pay unemployment compensation for temporary census

workers for services performed after April 20, 1990.

Section 205 provides the authority to transfer funds between Department of Commerce accounts. The language provides that no account may be decreased by more than 5 percent or increased by

more than 10 percent. The language also makes the transfers subject to the Committee’s standard reprogramming procedures.

Section 206 allows the Secretary to award contracts for certain

mapping and charting activities in accordance with the Federal

Property and Administrative Services Act.

Section 207 allows the Department of Commerce franchise fund

to retain a percentage of earnings from services provided for capital

investments.

Section 208 permits the Department of Commerce franchise fund

to retain a percentage of earnings from services provided for capital

investments.

Section 209 provides funding for a grant and a cooperative agreement.
(128)

TITLE III—THE JUDICIARY

The funds provided in title III of the accompanying bill are for

the operation and maintenance of the U.S. courts and include the

salaries of judges, magistrates, supporting personnel, and other expenses of the Federal judiciary.

The Committee recommends a total appropriation of $4,236,991,000 for the judiciary. The recommendation is

$184,996,000 below the budget request. The Committee is aware

that a total of $79,642,000 in fees, reimbursables, and carryover is

available in various accounts across the title.

Steady growth in costs associated with Defender Services, court

security, GSA rental payments, and pay and benefits at a time of

declining resources is putting serious pressure on the judiciary

budget. The Committee urges the judiciary to make every effort to

contain mandatory costs.

SUPREME COURT OF THE UNITED STATES

Appropriations, 2000 ............................................................................. $43,494,000

Budget estimate, 2001 ........................................................................... 45,275,000

House allowance .................................................................................... 44,312,000

Committee recommendation ................................................................. 45,121,000

The Committee recommends an appropriation of $45,121,000.

The total amount is provided in two separate appropriation accounts as follows:

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $35,492,000

Budget estimate, 2001 ........................................................................... 37,745,000

House allowance .................................................................................... 36,782,000

Committee recommendation ................................................................. 37,591,000

The Committee recommends an appropriation of $37,591,000 for

the Justices, their supporting personnel, and the costs of operating

the Supreme Court, excluding the care of the building and grounds.

The recommendation is $154,000 below the budget request. A costof-living adjustment for the Justices is addressed by section 304.

CARE OF THE BUILDING AND GROUNDS

Appropriations, 2000 ............................................................................. $8,002,000

Budget estimate, 2001 ........................................................................... 7,530,000

House allowance .................................................................................... 7,530,000

Committee recommendation ................................................................. 7,530,000

The Committee recommends an appropriation of $7,530,000 for

personnel and other services relating to the Supreme Court building and grounds, which is supervised by the Architect of the Capitol. The recommendation is identical to the budget request.

Building renovations.—Included in the recommendation,

$1,971,000 is made available until expended, to be used to complete
129

design efforts and begin construction documentation on which future Supreme Court building improvements will be based.

U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $16,797,000

Budget estimate, 2001 ........................................................................... 19,533,000

House allowance .................................................................................... 17,846,000

Committee recommendation ................................................................. 17,930,000

The Committee recommends an appropriation of $17,930,000.

The recommendation is $1,603,000 below the budget request. Certain mandatory increases for judicial officers are provided. The recommendation includes additional funding requested by the Court to

hire two additional technical assistants. No funding is provided for

additional staff in the Clerk’s Office or for courtroom renovations.

A cost-of-living adjustment for the judges is addressed by section

304.

U.S. COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $11,957,000

Budget estimate, 2001 ........................................................................... 12,506,000

House allowance .................................................................................... 12,299,000

Committee recommendation ................................................................. 12,456,000

The Committee recommends an appropriation of $12,456,000.

The recommendation is $50,000 below the budget request. Certain

mandatory increases for judicial officers are provided. A cost-of-living adjustment for the judges is addressed by section 304.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $3,114,677,000

Budget estimate, 2001 ........................................................................... 3,498,694,000

House allowance .................................................................................... 3,328,778,000

Committee recommendation ................................................................. 3,359,725,000

This account provides for the salaries of judges, magistrates, and

all other officers and employees of the Federal judiciary not otherwise provided for, and for all necessary expenses, including charges

for space and facilities.

The Committee recommends a total appropriation of

$3,359,725,000 for salaries and expenses of the Courts of Appeals,

District Courts, and Other Judicial Services. The recommendation

is $138,969,000 below the budget request. The recommendation reflects a refinement of anticipated funding requirements which is

$50,730,000 below the budget request. In addition, as noted at the

beginning of the title, the Committee understands that up to

$79,642,000 in carryover, reimbursables, and fees will be available

to apply to this account, if necessary. Certain mandatory increases

for judicial officers are provided. A cost-of-living adjustment for

judges is addressed by section 304.
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The Committee recommendations are displayed in the following

table:

Courts of appeals, district courts, and other judicial services

[In thousands of dollars]

Committee

recommendation

Appeals court:

Judicial officers:

Article III judges:

Active .......................................................................................... 24,546

Senior .......................................................................................... 16,815

Court staff:

Article III judges’ staff ............................................................... 64,159

Circuit executives ....................................................................... 21,251

Clerks offices .............................................................................. 36,980

Staff and prearguement attorneys ............................................ 35,465

Librarians ................................................................................... 17,490

Bankruptcy appellate panels .................................................... 1,358

Subtotal ................................................................................... 218,064

District courts:

Judicial officers:

Article III judges:

Active .......................................................................................... 99,238

Senior .......................................................................................... 56,972

Magistrate judges .............................................................................. 70,352

Court of Federal Claims judges ....................................................... 2,454

Court staff:

Article III judges’ staff ...................................................................... 192,145

Magistrate judges’ staff .................................................................... 68,524

Federal claims judges’ staff .............................................................. 3,989

Clerks offices ...................................................................................... 359,532

Court reporters .................................................................................. 47,215

Court interpreters ............................................................................. 6,125

Subtotal .......................................................................................... 906,546

Bankruptcy courts:

Judicial officers: Bankruptcy judges ....................................................... 50,365

Court staff:

Bankruptcy judges’ staff ................................................................... 47,265

Clerks ................................................................................................. 274,125

Bankruptcy administrators .............................................................. 3,750

Subtotal .......................................................................................... 375,505

Probation/pretrial services:

Investigations and supervision ................................................................ 626,018

Drug dependent offenders ........................................................................ 33,802

Mental health ........................................................................................... 4,447

Subtotal ................................................................................................. 664,267

Services, supplies, and equipment ................................................................. 441,534

Rental payment to GSA .................................................................................. 754,610

Fiscal year 2001 initiatives: State Justice Institute ..................................... 8,000

Spending reductions: Section 304 ................................................................... 8,801

Total, courts .......................................................................................... 3,359,725
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The Committee recommendations are discussed in more detail in

the following paragraphs.

Southwest Border.—The Committee is concerned about the shortage of personnel and resources on the Southwest border and has

tried to address this issue, in part, by redirecting funds from the

Administrative Office of the U.S. Courts. The Committee expects

that those savings will be transferred and utilized by the five Federal districts on the Southwest border that now handle 26 percent

of all criminal court filings in the United States. In addition, the

Committee encourages the Judiciary to utilize the funding provided

in excess of current services to address Southwest border requirements.

Courtroom Sharing.—An April 2000 review by the Congressional

Budget Office (CBO) indicated that the sharing of courtrooms by

judges should not cause trial delays for more than 95 percent of the

trials, and that for the few that might be delayed, the waiting time

would be less than half a day. The CBO study also found that

courtrooms were in use only 54 percent of the available workdays.

A study recently completed by Ernst and Young of the Judiciary’s

space and facilities program, however, suggested that requiring

judges to share courtrooms is not practical and that current court

records do not adequately track courtroom usage making it difficult

to determine if courtroom sharing by Federal judges is a viable option. The Committee directs CBO to work with Ernst and Young

to reconcile their reports and provide the Committees on Appropriations with the results no later than February 1, 2001. This

issue is of great importance to the Committee because the cost savings associated with the reduction in the number of courtrooms and

associated court space could significantly reduce rental payments

which continue to consume an inordinate amount of the Judiciary’s

available resources. The Committee notes that in order to accommodate rental payments, the Committee recommendation necessitates a downward adjustment for support staff.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2000 ............................................................................. $2,515,000

Budget estimate, 2001 ........................................................................... 2,602,000

House allowance .................................................................................... 2,600,000

Committee recommendation ................................................................. 2,602,000

The Committee recommends a reimbursement of $2,602,000 from

the special fund to cover expenses of the claims court associated

with processing cases under the National Childhood Vaccine Injury

Act of 1986. The recommendation is identical to the budget request.

DEFENDER SERVICES

Appropriations, 2000 ............................................................................. $385,095,000

Budget estimate, 2001 ........................................................................... 440,351,000

House allowance .................................................................................... 420,338,000

Committee recommendation ................................................................. 416,368,000

The Committee recommends an appropriation of $416,368,000.

The recommendation is $23,983,000 below the budget request. The

recommendation reflects a refinement of anticipated funding requirements.
132

This account funds the operations of the Federal public defender

and community defender organizations and the compensation, reimbursement, and expenses of attorneys appointed to represent

persons under the Criminal Justice Act, as amended.

The Committee is aware that Defender Services has $35,604,000

in fiscal year 1999 carryover available which the Committee expects will be used to offset fiscal year 2001 funding requirements.

No funding is provided to increase panel attorney rates of compensation beyond what was provided in fiscal year 2000. In addition, as noted at the beginning of the title, the Committee understands that up to $79,642,000 in carryover, reimbursables, and fees

will be available to apply to this account, if necessary.

FEES OF JURORS AND COMMISSIONERS

Appropriations, 2000 ............................................................................. $60,918,000

Budget estimate, 2001 ........................................................................... 60,821,000

House allowance .................................................................................... 60,821,000

Committee recommendation ................................................................. 59,567,000

The Committee recommends an appropriation of $59,567,000.

The recommendation is $1,254,000 below the budget request and is

a refined estimate of fiscal year 2001 requirements. This account

provides for the fees and allowances of grand and petit jurors and

for the compensation of land commissioners and jury commissioners.

COURT SECURITY

Appropriations, 2000 ............................................................................. $193,028,000

Budget estimate, 2001 ........................................................................... 215,353,000

House allowance .................................................................................... 198,265,000

Committee recommendation ................................................................. 199,575,000

The Committee recommends an appropriation of $199,575,000.

The recommendation is $15,778,000 below the budget request. The

recommendation is based on an estimate by the U.S. Marshals

Service of court security requirements and funds court security personnel, equipment, and perimeter enhancements. The Committee is

aware that this account has $7,889,000 in carryover available

which should be used to offset fiscal year 2001 funding requirements.

ADMINISTRATIVE OFFICE OF THE U.S. COURTS

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $55,000,000

Budget estimate, 2001 ........................................................................... 61,215,000

House allowance .................................................................................... 58,340,000

Committee recommendation ................................................................. 50,000,000

The Committee recommends an appropriation of $50,000,000.

The recommendation is $11,215,000 below the budget request.

In 1997, the Chief Justice of the United States noted that the

Administrative Office of the U.S. Courts [AO] has ‘‘enabled each

court to make decisions locally about how to achieve economies and

where to devote its limited resources most productively.’’ In addition, ‘‘decentralized judicial administration has been the key to the

success of the Federal judiciary’s ability to bring innovation and
133

economy to the courts’ operations.’’ The Committee recommends

that this decentralization continue by redirecting $5,000,000 from

the AO to the Federal courts where funds are critically needed, especially along the United States Southwest border. The Committee

believes that providing Federal judges with greater autonomy over

their limited resources would prove beneficial in every judicial district.

This appropriation provides funds for the administration and

management of the U.S. courts, including the probation and bankruptcy systems, but excluding the Supreme Court.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $18,000,000

Budget estimate, 2001 ........................................................................... 19,337,000

House allowance .................................................................................... 18,777,000

Committee recommendation ................................................................. 19,215,000

The Committee recommends an appropriation of $19,215,000.

The recommendation is $122,000 below the budget request. The

recommendation provides for adjustments to base and for a requested increase for the Judicial Center’s distance education initiatives.

The Federal Judicial Center improves the management of Federal judicial dockets and court administration through education

for judges and staff and research, evaluation, and planning assistance for the courts and the judicial conference.

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

Appropriations, 2000 ............................................................................. $39,700,000

Budget estimate, 2001 ........................................................................... 35,700,000

House allowance .................................................................................... 35,700,000

Committee recommendation ................................................................. 35,700,000

The Committee recommends an appropriation of $35,700,000.

The recommendation is identical to the budget request.

These funds cover the estimated annuity payments to be made

to retired bankruptcy judges and magistrate judges, claims court

judges, and spouses and dependent children of deceased judicial officers.

U.S. SENTENCING COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $8,500,000

Budget estimate, 2001 ........................................................................... 10,600,000

House allowance .................................................................................... 9,615,000

Committee recommendation ................................................................. 9,931,000

The Committee recommends an appropriation of $9,931,000. The

recommendation is $669,000 below the budget request.

The purpose of the Commission is to establish, review, and revise

sentencing guidelines, policies, and practices for the Federal criminal justice system. The Commission is also required to monitor the
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operation of the guidelines and to identify and report necessary

changes to the Congress.

GENERAL PROVISIONS—THE JUDICIARY

The Committee recommends the following general provisions for

the judiciary, all of which were included in previous appropriations

acts.

Section 301 permits funds for salaries and expenses for the judiciary to be available for employment of experts and consultant

services as authorized by 5 U.S.C. 3109.

Section 302 permits up to 10 percent of any appropriation made

available for fiscal year 2001 to be transferred between judiciary

appropriation accounts with the proviso that no appropriation shall

be decreased by more than 10 percent or increased by more than

20 percent by any such transfer. In addition, the language provides

that any such transfer shall be treated as a reprogramming of

funds under section 605 in the general provisions of the accompanying bill and shall not be available for obligation or expenditure

except in compliance with the procedures set forth in that section.

Section 303 limits official reception and representation expenses

incurred by the Judicial Conference of the United States to no

more than $11,000.

Section 304 authorizes a cost-of-living adjustment for Justices

and judges in fiscal year 2001.

Section 305 amends section 501 of 5 U.S.C. App.
(135)

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

The Committee recommends an appropriation of $6,558,856,000.

The recommendation is $3,754,676,000 below the budget request.

The reduction from the request in this account is largely attributable to the Committee’s denial of the $3,350,000,000 advance appropriation.

Historically, the Department has emphasized staffing levels at

the expense of investments in security, technology, and infrastructure. The Committee recommendation continues the reversal of this

trend. Security, technology, and infrastructure accounts have received the maximum funding deemed prudent.

Budget justification books.—The budget justification books (‘‘J

books’’) accompanying this year’s budget request were not helpful

to the process, yet the Department clearly puts considerable effort

into assembling the two-volume set. As a result, the Committee

wastes valuable time extracting readily available budget information from the Department, information that should have been included in the J books. The Committee looks forward to working

with the Department to improve the quality of the J books in preparation for the fiscal year 2002 budget cycle.

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

Appropriations, 2000 ............................................................................. $2,823,825,000

Budget estimate, 2001 ........................................................................... 3,104,325,000

House allowance .................................................................................... 3,089,325,000

Committee recommendation ................................................................. 3,148,494,000

This appropriation account provides for the formulation and execution of U.S. foreign policy, including the conduct of diplomatic

and consular relations with foreign countries, diplomatic relations

with international organizations, and related activities. This account primarily funds the overseas programs and operations of the

Department of State.

The Committee recommends an appropriation of $3,148,494,000.

The recommendation is $44,169,000 above the budget request.

Within the amount provided, the Committee recommendation includes $175,000 to support the United States’ membership in the

Arctic Council and $40,000 for the Bering Straits Commission. The

former includes funds for representation expenses and travel for

U.S. delegates.

The Committee recommendations, by bureau or operation, are

displayed in the following table:
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Diplomatic & Consular Programs

[In thousands of dollars]

Committee

recommendation

Overseas Bureaus:

African Affairs ................................................................................ 173,238

Near Eastern Affairs ...................................................................... 133,759

South Asian Affairs ........................................................................ 47,326

East Asian & Pacific Affairs .......................................................... 210,100

East-West Center .................................................................... 12,500

European Affairs ............................................................................ 489,875

Western Hemispheric Affairs ........................................................ 222,439

International Organization Affairs ............................................... 43,357

International Conferences .............................................................. 5,999

FSN Separation Liability Trust Fund .......................................... 6,211

Subtotal ........................................................................................ 1,344,804

Functional Bureaus:

Consular Affairs .............................................................................. 46,233

Economic & Business Affairs ......................................................... 20,256

Intelligence & Research ................................................................. 33,599

International Information Programs ............................................ 40,461

Oceans/Int’l Environmental/Scientific Affs ................................... 18,663

Pacific Salmon Treaty ............................................................. 60,000

Political-Military Affairs ................................................................ 20,631

NonProliferation ...................................................................... 17,196

Arms Control ........................................................................... 14,380

Verification & Compliance ...................................................... 8,177

Diplomatic Security ........................................................................ 222,952

Information Resource Management .............................................. 72,844

Information Technology Pilot Program ................................. 17,000

Democracy, Human Rights, & Labor ............................................ 10,707

Population, Refugees, & Migration ............................................... 543

Legislative Affairs .......................................................................... 7,580

Finance Management & Policy ...................................................... 54,458

Bureau of Public Affairs ................................................................. 19,568

All Other Bureaus, Offices, and Operations ................................. 66,000

Subtotal ........................................................................................ 751,248

Management Programs ......................................................................... 144,030

Diplomatic Telecommunications Service ...................................... [43,452]

Administrative Programs ...................................................................... 560,576

Enhance Management Training .................................................... 3,000

Continuing Language Training Overseas ..................................... 10,000

Subtotal ........................................................................................ 717,606

Initiatives: ..............................................................................................

World Trade Organization ............................................................. 5,000

Cultural preservation ..................................................................... 1,000

CWC inspections ............................................................................. 6,000

Letelier FOIA requests .................................................................. 1,000

APO shortfall .................................................................................. 7,000

East Africa security shortfall ......................................................... 1,500

Security re-investigations .............................................................. 1,200

Security training ............................................................................. 1,400

Classified LAN ................................................................................ 25,000

Post assignment travel shortfall ................................................... 8,000

Transit subsidy ............................................................................... 5,000

Subtotal ........................................................................................ 62,100

Worldwide Security Upgrades:

Domestic/Local Guards .................................................................. 141,420

Physical Security Equipment ........................................................ 10,368
137

Committee

recommendation

Physical Security Technical Support ............................................ 49,862

Armored Vehicles ............................................................................ 4,538

Personnel/Training ......................................................................... 65,548

Radio Replacements ....................................................................... 1,000

Subtotal ........................................................................................ 272,736

Total, Diplomatic & Consular Programs ................................... 3,148,494

Some of the Committee recommendations displayed in the table

are described in more detail in the following paragraphs.

Southern Cone.—Posts located in Buenos Aires, Argentina; Montevideo, Uruguay; and Sao Paulo, Brazil are well run, language

skills are uniformly excellent, and personnel are genuinely enthusiastic about, and deeply involved in, the local government, community, and culture. The Committee believes these posts serve as a

model embassies to be emulated. The recommendation adjusts

funding for the Western Hemispheric Affairs bureau to reflect the

high caliber of operations in the Southern Cone.

In addition, lesser increases have been provided to the Near

Eastern Affairs bureau in anticipation of increased workload associated with the Israeli withdrawal from southern Lebanon and the

change of regime in Syria and the Consular Affairs bureau in anticipation of increased immigrant and non-immigrant workload

worldwide.

Worldwide security upgrades.—Last year, the Committee noted

that a chance accident revealed potential deficiencies in so-called

Inman facilities. They were considered state-of-the-art facilities. In

addition, the Committee noted that the maintenance costs associated with certain security systems have proven far greater than

anticipated. Finally, the Committee noted that the police forces of

some host governments have enthusiastically embraced embassy

protection, but lack the funds for such basics as gasoline for patrol

cars. None of these problems are addressed in the administration’s

request. Moreover, the Committee lacks a final accounting of the

over $1,000,000,000 in additional security funds provided in fiscal

years 1999 and 2000. The Committee recommendation includes

$272,736,000 for worldwide security upgrades, a decrease of

$137,264,000 from the request. Part of the decrease is due to the

transfer of construction funds to the appropriate account. None of

the funds provided here for security may be obligated until a complete and thorough accounting of prior year security funds has been

forwarded to the Committee. In addition, the Department is directed to provide a report to the Committee on the problems cited

above not later than December 31, 2000.

Bomb detection equipment.—The Committee has long been concerned with the high false positive rate of explosive trace detection

equipment being procured for overseas embassies and is aware of

possible irregularities associated with the sole source procurement

of this equipment. The matter has been referred to the Inspector

General.

Office of Defense Trade Controls.—The Committee is alarmed by

the administration’s recent proposal to relax export controls on sensitive technologies destined for ‘‘allies’’. At one time or another in

the last decade, almost all of our allies have been found to re-ex-
138

port sensitive technology to hostile powers. The Committee continues to expect the Office of Defense Trade Controls to review applications, regardless of identified end user, with the utmost scrutiny.

Biotechnology.—The Office of Agricultural and Textile Trade Affairs [ATTA], Bureau of Economic and Business Affairs, is playing

a critical role in promoting abroad an understanding of the benefits

and safety of biotechnology. The Committee is aware that the European Union [EU] has launched a misinformation campaign aimed

at scaring regulators and policy makers in the developing world

into opposing biotechnology. These scare tactics are intended to

help protect the EU’s increasingly uncompetitive agricultural sector. The Bureau is directed to provide the support to posts necessary to refute the EU’s calumnies regarding biotechnology. Furthermore, the Department is directed to increase the manpower of

the ATTA to the level needed both to prepare U.S. negotiators on

trade related and food safety talks and to thoroughly educate foreign governments on the importance of biotechnology. In support of

the latter, the Committee expects the Department to increase funding for the speaker’s program promoting plant biotechnology. Program enhancements should be targeted exclusively at Southeast

Asia, Latin America, Africa, and India. The Committee directs the

Department, in coordination with the Foreign Commercial Service,

to submit a comprehensive plan for supporting biotechnology overseas not later than December 31, 2000.

Influence.—Too often, U.S. assistance to underdeveloped nations

is either invisible to all but a handful of bureaucrats or appears to

benefit us at the expense of the recipient country. The Committee

believes that cultural preservation offers an opportunity to show a

different American face to other countries, one that is non-commercial, non-political, and non-military. By taking a leading role in efforts to preserve cultural heritage, we show our respect for other

cultures by protecting their traditions. The Committee recommendation includes $1,000,000 out of available funds to create

an Ambassador’s Fund for Cultural Preservation. U.S. Ambassadors from underdeveloped countries may submit competitive proposals for one-time or recurring projects with awards based on the

importance of the site, the country’s need, and the ability to make

a meaningful contribution to the preservation of a site, object, or

form of expression. The Department is directed to submit a report

to the Committees on winning projects on an annual basis.

Continuing language education.—Language skills are central to

the effectiveness of State Department employees abroad, regardless

of assignment. As important, language skills ensure dependents

are not overwhelmed by feelings of isolation and alienation, resulting in lowered post morale. The Committee applauds Department

efforts to revive continuing language education programs at posts.

Within available funds, the Committee recommendation directs

that $10,000,000 shall be available only for continuing language

education programs for both employees and dependents at posts

worldwide. Language classes should also be open to non-State Department (Federal) employees on a space available, reimbursable

basis. The Department is directed to report to the Committee on

the final distribution of funds not later than June 1, 2001.
139

Tour length.—The Committee is aware that the Bureau of Personnel and the Inspector General [IG] are still arguing over the

performance and cost benefits of longer tours, especially at incentive language posts. Assuming it takes at least 1 year in-country

to master the language and get oriented to the government, society,

and culture, 2 year tours seem unreasonably short, with the exception of truly hardship posts, and 3 year posts hardly seem to pose

the threat of staff falling into a rut. The Committee continues to

believe that 4 year posts may result in real improvements in effectiveness while limiting costs associated with permanent change of

station moves. Therefore, the Committee directs the Bureau of Personnel to modify the criteria by which promotions are determined

to create opportunities for staff to serve extended tours, particularly at incentive language posts. The Department is directed to report back to the Committee on proposed changes in promotion criteria not later than February 15, 2001.

Details.—In its recent report, the Overseas Presence Advisory

Panel identified the shortage of competent managers as a serious

deficiency of the Foreign Service. In fact, the Department is spending millions of dollars to develop leadership and management

courses for officers at all levels. The Committee is unwilling to

have an undermanned State Department subsidize the senior management of other agencies. Therefore, the Committee recommendation includes a provision that would limit detailees serving at the

Senior Executive Service level to no longer than 2 years out of any

5 outside the Department to ensure that outside assignments are

for the training of Foreign Service Officers and not a means of augmenting the management of other organizations.

International conservation of sea turtles.—The Secretary of State

shall, on an expedited basis, act to protect sea turtles, particularly

those listed under CITES, through strong, enforceable management

and reporting measures (including economic measures) negotiated

under regional management agreements for living marine resources, particularly in the Pacific region. The Secretary of State

shall focus on reducing bycatch mortality of turtles as part of the

current negotiations on the draft Convention on the Conservation

and Management of Highly Migratory Fish Stocks in the Western

and Central Pacific Ocean (the Multilateral High Level Conference). These measures shall be comparable to those imposed

upon the Hawaii longline fishery for turtle protection. In addition,

the Secretary is urged to ensure that the provisions of the InterAmerican Sea Turtle Conservation Treaty and the Inter-American

Tropical Tuna Convention are sufficiently protective of sea turtles

with respect to both fishery impacts and protection of nesting habitat. The State Department shall report back to the Committee on

the status of these international turtle conservation efforts and accomplishments within 90 days of enactment.

Pacific salmon treaty implementation.—The Committee has provided $60,000,000 to implement the 1999 Pacific Salmon Treaty

Agreement. Of this amount, $20,000,000 is for further capitalizing

the Northern Boundary Fund, $20,000,000 is for further capitalizing the Southern Boundary Fund, and $20,000,000 is to retire

certain permits pursuant to the 1999 Agreement.
140

The Committee is concerned that National Marine Fisheries

Service (NMFS) continues to consider further harvest restrictions

in Alaska in its efforts to recover some stocks of Pacific salmon.

The Committee believes Alaska has made sufficient harvest reductions under the Treaty, and that any further recovery efforts

should address other impacts to listed stocks.

Out of funds provided for this purpose, NMFS should continue to

work with the State of Alaska in monitoring the effects of the decline of Pacific Northwest-origin salmon on the harvest off Alaska

of Alaska-origin salmon.

Overseas trade compliance and monitoring.—The State Department is proposing to undertake an overseas trade compliance and

monitoring initiative. The Committee believes this proposal duplicates on-going U.S. Foreign Commercial Service and U.S. Trade

Representative efforts. The Committee notes that this is the second

year in a row that the Department has sought to pursue initiatives

traditionally the domain of the Department of Commerce. The push

by the State Department to expand its portfolio seems inexplicable,

considering the lack of progress it has made in resolving the many

intractable foreign policy crises confronting the United States. No

funding is provided for this initiative.

Misallocation of resources.—The merger of State, the U.S. Information Agency, and the Arms Control and Disarmament Agency

has created an inordinately top heavy management structure. With

a $5,900,000,000 budget and 18,000 employees, State boasts a Secretary, a Deputy Secretary, 6 Under Secretaries (with another requested), a Counselor, 37 Assistant Secretaries or Assistant Secretary equivalents, and 94 Deputy Assistant Secretaries or Deputy

Assistant Secretary equivalents. Each has a staff ‘‘tail’’. A host of

Coordinators, Ambassadors-at-Large, Special Representatives, and

Special Advisers add to the list of senior policymakers. By comparison, Justice, with almost four times the budget and more than

seven times the employees, has 31 percent fewer senior managers.

With embassies and consulates desperately short of staff, it is unconscionable that this situation has been allowed to develop. The

Secretary is directed to undertake a position by position review of

senior management positions. Recommendations on consolidation

shall be submitted not later than December 1, 2000.

Sierra Leone.—The Committee is aware that certain political appointees in the Africa Bureau appear to be actively undermining

the 5-point plan for Sierra Leone transmitted to Congress by the

United States U.N. Ambassador. The apparent support of these appointees for Liberia’s ill-concealed attempt to annex the diamond

rich areas of Sierra Leone is inconceivable, especially considering

the barbaric record of Liberia’s proxies in Sierra Leone, the Revolutionary United Front. The recommendation eliminates funding for

the Office of the Assistant Secretary for African Affairs, various

special assistants, and the numerous offices that, through action or

inaction, have not stopped the current butchery in Sierra Leone.

Equatorial Guinea.—Three years ago, the Committee funded a

consular agent in Equatorial Guinea to meet the demands of universal representation. The Committee has been pleased with the

result, but realizes that the dynamism of events in Africa, and

budget constraints, merit the periodic review of our presence there.
141

If the Department determines, based on workload, that a consular

agent is unwarranted, the Department is directed to terminate the

services of the agent. If the Department determines that a consular

agent remains appropriate, the Department is directed to ensure

proper training of the agent and to recommend additional locations

in Africa where a consular agent may be of value. If the Department determines that the consular agent lacks the necessary authorities to properly execute the job, the Department is directed to

explore the establishment, within resources currently available to

the Africa Bureau, of an American Presence Post. The Committee

believes U.S. companies operating in Equatorial Guinea would be

willing to provide space for such a post. The Committee expects a

report on our presence in Equatorial Africa to be provided not later

than November 1, 2000.

CAPITAL INVESTMENT FUND

Appropriations, 2000 ............................................................................. $80,000,000

Budget estimate, 2001 ........................................................................... 97,000,000

House allowance .................................................................................... 79,670,000

Committee recommendation ................................................................. 104,000,000

This account provides resources for needed investments in information and communications systems. Until recently, the Department’s information and communications systems were totally inadequate to meet critical mission requirements. Even today, many of

the Department’s radios, computers, and telephones are obsolete

and in need of replacement. The Committee recommends $104,000,000. The recommendation

is $7,000,000 above the budget request.

The Committee recommendations, by initiative, are displayed in

the following table:

Capital investment fund

[In thousands of dollars]

Committee

recommendation

Diplomatic Telecommunications Service .............................................. 25,000

Mainframe computer centers ................................................................ 9,937

Central management functions ............................................................ 7,935

Subtotal, infrastructure systems ............................................... 42,872

Core foreign affairs systems ................................................................. 22,102

Financial systems .................................................................................. 6,224

Administrative systems ......................................................................... 13,212

Subtotal, corporate information systems & services ................ 41,538

Office automation .................................................................................. 14,390

Training .................................................................................................. 5,200

Total, capital investment fund ............................................................. 104,000

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Diplomatic Telecommunications Service.—The Diplomatic Telecommunications Service [DTS] was established in 1992 to create a

global telecommunications network for all agencies overseas. A sin-
142

gle network was intended to reduce duplication in equipment, staffing, training, and operations, as well as achieve cost savings

through economies of scale. The Department’s co-partner has

sought to undermine this partnership since its inception and has

tried to divorce itself from Department of State operations. Should

the joint program office be abolished, the Committee recommends

that the co-partner abandon all DTS equipment without reimbursement in cash or in kind to those agencies that continue to participate in the network. Furthermore, Department recoveries shall not

be limited to communications.

Despite the failure of the Department’s co-partner to provide

DTS funds in fiscal years 1999 and 2000, the Committee recommendation provides an increase of $7,000,000 over the budget

request for DTS to maintain program momentum.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2000 ............................................................................. $27,495,000

Budget estimate, 2001 ........................................................................... 29,502,000

House allowance .................................................................................... 28,490,000

Committee recommendation ................................................................. 29,395,000

The Committee recommends an appropriation of $29,395,000.

The recommendation is $107,000 below the budget request.

Exoneration letters.—A major inequity of the OIG’s investigative

process is the lack of exoneration letters for employees who are the

victim of false, malicious, or unsubstantiated accusations of wrongdoing. The Committee is aware that the Justice Department OIG

has done pioneering work in developing such letters. The Committee directs the State OIG to adopt the practice of sending exoneration letters, when appropriate, and expects the Bureau of Personnel to include these letters in the personnel jacket of those unjustly accused.

Bomb detection equipment.—The Committee is concerned with

the high false positive rate of explosive trace detection equipment

being procured and is aware of possible irregularities associated

with the sole source procurement of this equipment. Considering

the importance of this equipment to the security of overseas embassies, the Committee considers resolution of this issue a top priority.

The Committee directs the OIG to report back to the Committee on

its findings not later than January 31, 2001.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

Appropriations, 2000 ............................................................................. $205,000,000

Budget estimate, 2001 ........................................................................... 225,000,000

House allowance .................................................................................... 213,771,000

Committee recommendation ................................................................. 225,000,000

The Committee recommends an appropriation of $225,000,000.

The recommendation is identical to the budget request.

The Committee recommendations, by program, are displayed in

the following table:
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Cultural and Educational Exchanges

[In thousands of dollars]

Committee

recommendation

Academic Programs:

Fulbright Program:

Students, Scholars, Teachers ........................................................... 112,350

Hubert H. Humphrey Fellowship Program ..................................... 6,097

Subtotal .......................................................................................... 118,447

Other Academic Programs:

Educational Advising & Student Services ...................................... 3,200

English Language Programs ............................................................ 2,600

Subtotal .......................................................................................... 5,800

Other Special Academic Programs:

American Overseas Research Centers ............................................. 2,280

Subtotal, Academic Programs .............................................................. 126,527

Professional & Cultural Programs:

International Visitors Program ............................................................... 51,337

Citizen Exchange Program ...................................................................... 14,440

Cultural Exchanges to Africa .................................................................. 750

Subtotal ................................................................................................. 66,527

Other Professional & Cultural Programs:

Mike Mansfield Fellowships Programs ................................................... 2,200

Montana State U. International Business Exchange ............................ 100

U. of Akron Global Business Exchange .................................................. 100

North/South Center .................................................................................. 1,750

Irish Institute ........................................................................................... 500

Olympics/Paralympics/Special Olympics ................................................ 2,600

Subtotal ................................................................................................. 7,250

Subtotal, Professional & Cultural ....................................................... 73,777

Exchanges Support:

Employee Compensation & Benefits ....................................................... 22,549

Program Direction & Administration ..................................................... 2,147

Subtotal ................................................................................................. 24,696

Total, Cultural & Educational Exchanges .......................................... 225,000

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Ireland.—The Committee is aware that Atlantic Corridor USA in

Buffalo, NY and the Irish Institute in Boston, MA are pursuing

many of the same initiatives in Ireland. The Committee believes a

coordinated approach by these two organizations would improve

conditions on both sides of the Atlantic. The Committee directs the

Irish Institute to prepare, in full cooperation with Atlantic Corridor

USA, a master plan for business, academic, and citizen exchanges

between Ireland and the United States. The report shall be delivered to the Committee not later than February 15, 2001.

Cultural Exchanges to Africa.—Performances by touring U.S.

dance and music troupes have afforded our diplomats unusual access to oft-times elusive senior policymakers in Africa. The Com-
144

mittee has provided $750,000 to revive Federal support for touring

companies as a means of expanding and deepening diplomatic contacts throughout the continent.

Fulbright.—Reductions from the budget request shall not be applied to the number of U.S. participants proposed for fiscal year

2001.

Overseas educational advising centers.—The Committee strongly

supports the essential mission of overseas educational advising centers [OEACs] in recruiting international students to study at U.S.

colleges and universities. The Committee notes that modest funding for OEACs helped leverage $11,000,000,000 in spending by

international students and their dependents in communities and

higher education institutions throughout the United States in the

academic year 1998–99. In the Committee’s view, OEACs must receive adequate funding to keep pace with increasing competition

from other nations to attract foreign students. The Committee directs the State Department to use the increase in funding for

OEACs to conduct a study to develop a coordinated international

student marketing and recruitment strategy, to improve technology

at OEACs, and to provide advanced professional training and resources for overseas advisors.

Foreign policy priority.—The Committee recognizes that international education—imparting global literacy to students and other

citizens as an integral part of their education—is important to ensure our nation’s ability to meet key challenges, including national

security and the management of global conflict, competitiveness in

the global market, and an increasingly multi-cultural society. The

Committee urges the Department of State, in cooperation with the

Department of Education and other agencies with exchange programs, to give higher priority to international education and raise

its level of importance on the national agenda.

Seed programs.—The Committee has continued a very modest

program begun last year to provide one-time funding to international exchange start-ups. The Committee intends to track the

survival rates of new starts to determine the success of this initiative.

REPRESENTATION ALLOWANCES

Appropriations, 2000 ............................................................................. $5,850,000

Budget estimate, 2001 ........................................................................... 5,973,000

House allowance .................................................................................... 5,826,000

Committee recommendation ................................................................. 6,773,000

Representation allowances provide partial reimbursement to Foreign Service officers for expenditures incurred in their official capacities abroad in establishing and maintaining relations with officials of foreign governments and appropriate members of local communities.

The Committee recommends an appropriation of $6,773,000. The

recommendation is $800,000 above the budget request.
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PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

Appropriations, 2000 ............................................................................. $8,100,000

Budget estimate, 2001 ........................................................................... 10,490,000

House allowance .................................................................................... 8,067,000

Committee recommendation ................................................................. 10,490,000

This account reimburses local governments and communities for

the extraordinary costs incurred in providing protection for international organizations, foreign missions and officials, and foreign

dignitaries under certain circumstances. The Committee recommends an appropriation of $10,490,000.

The recommendation is identical to the budget request.

The Committee directs that local jurisdictions which incur such

costs submit a certified billing for such costs in accordance with

program regulations. The Committee also recommends that in

those circumstances where a local jurisdiction will realize a financial benefit from a visit from a foreign dignitary through increased

tax revenues, that such circumstances should be taken into account

by the Department in assessing the need for reimbursement under

this program. The Committee expects the Department to treat such

submissions diligently and provide reimbursement to local jurisdictions on a timely basis if claims are fully justified.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

Appropriations, 2000 ............................................................................. $742,178,000

Budget estimate, 2001 ........................................................................... 1,079,178,000

House allowance .................................................................................... 1,064,976,000

Committee recommendation ................................................................. 782,004,000

This account provides the funding that allows the Department to

manage U.S. Government real property in over 200 countries worth

an estimated $12,500,000,000 and to maintain almost 14,000 residential, office, and functional properties, not only for the Department of State, but for all U.S. employees overseas. The Committee recommends an appropriation of $782,004,000.

The recommendation $297,174,000 below the budget request.

Funding ‘‘bow wave’’.—The Committee is concerned by the growing unfunded construction requirement for embassies, consulates,

housing, and other facilities. Land acquisition, site preparation,

and building design are relatively inexpensive, allowing the State

Department to pursue a large number of projects at a very modest

up front cost. The problem comes when multiple projects begin to

transition to construction. Today, due largely to security requirements, the average new embassy or consulate costs $100,000,000.

As of April 25, 2000, the unfunded construction requirement was

$1,222,500,000. This does not count housing and chancery projects

at multiple sites in China and Taiwan. Unfunded construction requirements are displayed, by project, in the following bar chart:
146
147

The Committee, in its recommendation, has found it necessary to

limit the number of new starts and, where possible, fully fund ongoing projects to prevent the construction funding ‘‘bow wave’’ from

growing to the point where this or future Congresses are completely unable to pay bills coming due.

The Committee recommendations by project or program are displayed in the following table:

Security and maintenance of U.S. missions

[In thousands of dollars]

Committee

recommendation

Capital Program:

Housing:

Acquisition:

Chengdu, China .......................................................................... 6,700

Shenyang, China ........................................................................ 6,400

Marine Houses—worldwide ....................................................... 5,450

Subtotal, housing .................................................................... 18,550

Facilities:

Planning/Site Acquisition/Design:

Beijing, China—chancery .......................................................... 19,900

Guangzhou, China—COB/CGR/MSGQ ..................................... 13,500

Taipei, Taiwan—American institute ........................................ 20,000

Construction:

Sofia, Bulgaria—chancery ......................................................... 78,300

Yerevan, Armenia—chancery .................................................... 64,000

Abidjan, Cote d’Ivoire—chancery .............................................. 6,200

Damascus, Syria—chancery ...................................................... 69,700

Subtotal, facilities ................................................................... 271,600

Leasehold Program .......................................................................................... 109,692

Functional programs:

Buyout of uneconomic leases ................................................................... 19,011

Physical security upgrade ........................................................................ 5,800

Safety and fire programs ......................................................................... 8,643

Energy, conservation, and investment ................................................... 3,778

Power Support Program ........................................................................... 6,615

Seismic Program ....................................................................................... 720

Post communications support .................................................................. 6,000

Maintenance of buildings ......................................................................... 80,800

Facility rehabilitation .............................................................................. 59,610

Istanbul, Turkey—chancery ............................................................. [500]

Moscow, Russia—consular space ..................................................... [3,800]

Improve Marine houses .................................................................... [5,450]

Facility maintenance assistance ............................................................. 41,096

Program execution .................................................................................... 31,942

Construction security ............................................................................... 22,985

Subtotal ................................................................................................. 287,000

Administration ................................................................................................. 20,412

Other worldwide security projects:

Perimeter security enhancements ........................................................... 74,750

Post housing ...................................................................................... [5,000]

Marine housing .................................................................................. [2,500]

Overseas American schools .............................................................. [1,250]

Subtotal ................................................................................................. 74,750

Total, security and maintenance ......................................................... 782,004
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Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Joint ventures.—The Committee is aware of a proposal to exploit

very desirable, but not invulnerable, downtown locations in several

major cities. American non-governmental organizations and businesses, in some combination, would build, refurbish, or occupy center city office buildings. State Department would reserve space, on

a reimbursable basis, for a ceremonial Ambassador’s suite, for representational events, and, where appropriate, for consular activities. The Committee believes that this model may be applicable to

Berlin, Germany; Rio de Janeiro and Sao Paulo, Brazil; and

Istanbul, Turkey. The Department is directed to assess the viability of this proposal as it relates to these four cities, and any other

location the Department chooses, and to report back to the Committee not later than October 1, 2000.

Cost savings.—The Committee is aware of several innovative approaches that would allow the Department to sharply reduce the

cost of new embassies by building ‘‘open’’ posts. Many of these approaches also are applicable to existing posts. The Committee enthusiastically endorses these cost saving measures and urges immediate implementation.

People’s Republic of China (PRC).—After several years of delay,

the Committee understands that the Department is prepared to

close on the Liang Ma He site for the new embassy in Beijing. Unfortunately, site acquisition has been delayed by the PRC government over the mistaken bombing of the their embassy in Belgrade,

Yugoslavia. The PRC government also appears to be awaiting the

outcome of the trade normalization vote in the Senate. While we

are forced to wait, post personnel languish in an unhealthy and inadequate chancery. The recommendation provides $19,900,000 to

either begin design of a new chancery or, if the Liang Ma He site

has not been acquired by January 1, 2001, continue refurbishment

of the present chancery, Marine security guard quarters, consular

facilities, and the Ambassador’s residence or acquire additional

Western-style housing for post personnel.

Germany.—Last year, the Committee was briefed by the Ambassador on a proposal to build American-style apartments in Berlin,

referred to as ‘‘stadtvillas’’. The Committee approved the plan in

spite of its initial objections, in part, because it was led to believe

that the post could have the necessary paperwork completed, permits approved, and housing sold (for a total of $9,600,000) within

30 days of approval of the plan. The Committee notes that more

than 1 year later the permits are still months from approval. Had,

at any time, the State Department or the post followed the Committee’s recommendation to renovate the existing Pueckler and

‘‘Duck Pond’’ housing, a recommendation it has been making since

July 1998, the housing situation in Berlin would be well on its way

to resolution by now. If the post is unable to manage a $12,000,000

housing project, the Committee can have no confidence in its ability

to run a $150,000,000 chancery project. No design or construction

funding for a chancery in Berlin will be provided or approved until

the housing for embassy staff is completed.

Also, the Committee is aware that the proposed location for the

new embassy in Berlin fronts streets on two sides with no set-back.
149

The Pariser Platz lot will never meet security standards. Therefore,

unless the joint venture proposal discussed above is successful, the

Committee recommends the sale of this unusable downtown site.

Considering the importance of Germany to U.S. security and economic interests, the Committee expects the Under Secretary for

Management to take personal charge of the effort to locate and acquire a secure site for the new embassy. The Under Secretary or

her designee shall also provide monthly updates on the progress of

the land sale and purchase. The Committee expects a new site to

be acquired not later than December 1, 2000.

France.—The Committee has received an uncredited report from

the Department on the merits of selling a one acre lot in downtown

Paris used for parking. The lot has an estimated value of

$1,000,000 or more. The author-less one page study claims that the

lot is required for setback for the Ambassador’s residence. The

Committee believes that the lot is a convenience and nothing more.

To finally resolve this issue, the General Accounting Office [GAO]

is directed to report on the need of this lot for security purposes.

GAO shall report to the Committee not later than November 1,

2000.

Turkey.—The Palazzo Corpi, the first consulate purchased by the

United States Government and home to the American mission in

Istanbul, was famous for its beautiful frescoes of mythological

scenes. In the 1930s, the wife of a Consul General, offended by

nude figures in the frescoes, had most of them painted over, badly

marring otherwise magnificent representational spaces. The post

has begun a painstaking restoration effort that the Committee

strongly endorses. Within the funds available for facility rehabilitation, not less than $500,000 shall only be available to restore

frescoes at the Istanbul consulate. The Committee directs that regular updates on the progress of the project be provided.

Moscow, Russia.—The Committee is aware of the robust and increasing case load handled by the Moscow Consular office. Over

11,000 immigrant visa cases, 100,000 non-immigrant visa cases

and 4,000 special consular services cases were handled in 1999. Of

the immigrant visa cases handled, almost half were American

adoption cases. Poor planning for the new office building that recently opened and significant construction and security problems

during the past two decades has resulted in inadequate space for

providing these critical services. The Committee provides

$3,800,000 to renovate the existing facility to accommodate the

large number of individuals who stand unprotected on the street

for hours waiting for assistance.

Family security.—As overseas embassies, consulates, and other

government facilities are hardened against terrorist attack, socalled soft targets such as homes and schools become increasingly

vulnerable. Soft targets are highly visible and those who operate

them work on very predictable schedules. Nothing could be more

detrimental to the performance of personnel overseas than the fear

that their families were at risk of harm. Therefore, as part of the

overall response to the worldwide security threat to U.S. personnel

abroad, the Committee recommendation includes $6,250,000 to enhance the security of post housing and overseas American schools.
150

The Committee expects to be consulted prior to the release of these

funds.

Buyout of uneconomic leases.—High lease costs are a drain on

Department resources. The Committee supports efforts by the Department to selectively acquire properties in cities with volatile

rental markets, thus generating significant out-year savings. The

Committee recommendation provides $19,011,000 for opportunity

purchases.

Marine security guards.—The Committee recommendation does

not include funding to expand the number of embassies with Marine security guards. Instead, the requested amount of $10,900,000

shall only be used to repair and improve existing Marine houses

and posts, the condition of which are often deplorable, or acquire

new housing. In addition, recognizing that the high profile of Marine contingents abroad make them ideal targets for terrorists, the

Committee recommendation provides $2,500,000 to improve the security of Marine houses.

In a break from the past, the Department is directed to submit,

and receive approval for, only those projects or subaccounts funded

under this account, whether from direct appropriations or proceeds

of sales, that deviate from the financial plan outlined above. Any

proposed deviations shall include project-level detail, and shall be

provided to the Appropriations Committees not later than 60 days

after the date of enactment of this Act. Any deviation from the

above plan shall be treated as a reprogramming in the case of an

addition greater than $500,000 or as a notification in the case of

a deletion, a project cost overrun exceeding 25 percent, or a project

schedule delay exceeding 6 months. Notification requirements also

extend to the ‘‘rebaselining’’ of a given project’s cost estimate,

schedule, or scope of work.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

Appropriations, 2000 ............................................................................. $5,500,000

Budget estimate, 2001 ........................................................................... 11,000,000

House allowance .................................................................................... 5,477,000

Committee recommendation ................................................................. 11,000,000

This account provides resources for the Department of State to

meet emergency requirements while conducting foreign affairs. The

Committee recommendation provides funds for: (1) travel and subsistence expenses for relocation of American, U.S. Government employees and their families from troubled areas to the United States

and/or safe-haven posts; (2) allowances granted to State Department employees and their dependents evacuated to the United

States for the convenience of the Government; (3) payment of rewards for information concerning terrorists and war criminals; and

(4) representation expenses for senior administration officials.

The Committee recommends an appropriation of $11,000,000.

The recommendation is identical to the budget request.

REPATRIATION LOANS PROGRAM ACCOUNT

Appropriations, 2000 ............................................................................. $1,200,000

Budget estimate, 2001 ........................................................................... 1,200,000

House allowance .................................................................................... 1,195,000

Committee recommendation ................................................................. 1,200,000
151

This account provides emergency loans to assist destitute Americans abroad who have no other source of funds to return to the

United States.

The Committee recommends an appropriation of $1,200,000. The

recommendation is identical to the budget request.

The Committee has neither the desire nor the resources to subsidize irresponsibility when less than 20 percent of repatriation

loans are ever repaid. The Committee strongly endorses efforts by

consular services to limit assistance only to victims of unforeseen

circumstances or travelers whose mental instability presents a risk

to themselves or others.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

Appropriations, 2000 ............................................................................. $15,375,000

Budget estimate, 2001 ........................................................................... 16,345,000

House allowance .................................................................................... 16,345,000

Committee recommendation ................................................................. 16,345,000

The Taiwan Relations Act requires that programs concerning

Taiwan be carried out by the American Institute in Taiwan [AIT].

The Institute administers programs in the areas of economic and

commercial services, cultural affairs, travel services, and logistics.

The Department of State contracts with the AIT to carry out these

activities.

The Committee recommends an appropriation of $16,345,000.

The recommendation is identical to the budget request.

The Committee notes with pleasure the first peaceful transition

of power from one political party to another in Taiwanese history.

The Committee is aware that security deficiencies will force the relocation of the Institute and has provided site acquisition funds for

that project elsewhere in the bill.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

Appropriations, 2000 ............................................................................. $128,541,000

Budget estimate, 2001 ........................................................................... 131,224,000

House allowance .................................................................................... 131,224,000

Committee recommendation ................................................................. 131,224,000

This appropriation is authorized by the Foreign Service Act of

1980 which provides for an appropriation to the fund in 30 equal

annual installments of the amount required for the unfunded liability created by new benefits, new groups of beneficiaries, or increased salaries on which benefits are computed.

The Committee recommends an appropriation of $131,224,000.

The recommendation is identical to the budget request.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

Appropriations, 2000 ............................................................................. $885,203,000

Budget estimate, 2001 ........................................................................... 946,060,000

House allowance .................................................................................... 880,505,000

Committee recommendation ................................................................. 943,944,000
152

This account funds payment of the obligations of U.S. membership in international organizations as authorized by treaties or specific acts of Congress. The Committee recommends an appropriation of $943,944,000. The recommendation is $2,116,000 below the budget request.

The Committee recommendations, by organization, are displayed

in the following table:

Contributions to international organizations

[In thousands of dollars]

Committee

recommendation

United Nations and affiliated agencies:

Food and Agriculture Organization .............................................. 82,388

International Atomic Energy Agency ............................................ 53,015

International Civil Aviation Organization ................................... 12,446

International Labor Organization ................................................. 59,387

International Maritime Organization ........................................... 1,318

International Telecommunications Union .................................... 6,606

United Nations—Regular ............................................................... 299,608

United Nations—War Crimes Tribunals ...................................... 36,000

Cambodia War Crimes Commission ...................................... [3,000]

Iraq War Crimes Commission ................................................ [4,000]

Universal Postal Union .................................................................. 1,354

World Health Organization ........................................................... 108,109

World Intellectual Property Organization .................................... 974

International Intellectual Property Institute ........................ [100]

World Meteorological Organization ............................................... 10,223

Subtotal ........................................................................................ 671,428

Inter-American organizations:

Inter-American Institute for Cooperation on Agriculture ........... 16,560

Organization of American States .................................................. 54,196

Pan American Health Organization .............................................. 65,258

Southwest Border Initiative ................................................... [13,000]

Pan American Institute of Geography and History ..................... 324

Subtotal ........................................................................................ 136,338

Regional organizations:

Asia-Pacific Economic Cooperation ............................................... 601

Colombo Plan Council for Technical Cooperation ........................ 14

North Atlantic Assembly ................................................................ 770

North Atlantic Treaty Organization ............................................. 113,390

NATO HQ Replacement .......................................................... [64,800]

Organization for Economic Cooperation and Development ......... 56,926

South Pacific Commission .............................................................. 1,214

Subtotal ........................................................................................ 172,915

Other international organizations:

Customs Cooperation Council ........................................................ 3,252

Hague Conference on Private International Law ........................ 110

International Agency for Research on Cancer ............................. 1,670

International Bureau/Permanent Court of Arbitration ............... 23

International Bureau/Publication of Customs Tariffs ................. 101

International Bureau of Weights and Measures .......................... 925

International Copper Study Group ............................................... 68

International Cotton Advisory Committee ................................... 238

International Center/Study of Preservation and Restoration of

Cultural Property ........................................................................ 755

International Hydrographic Organization .................................... 93

International Institute/Unification of Private Law ..................... 111

International Lead & Zinc Study Group ...................................... 62
153

Committee

recommendation

International Natural Rubber Organization ................................ 193

International Office of Epizootics .................................................. 86

International Organization of Legal Metrology ........................... 110

International Office of the Vine & Wine ...................................... 58

International Rubber Study Group ............................................... 108

International Seed Testing Association ........................................ 7

International Tropical Timber Organization ................................ 105

International Union/Conservation of Nature and Natural Resources ......................................................................................... 255

International Grains Council ......................................................... 490

International Union/Protection of New Varieties of Plants ........ 177

Organization for the Prevention of Chemical Weapons .............. 13,543

World Trade Organization/General Agreement on Tariffs and

Trade ............................................................................................ 13,210

Subtotal .................................................................................... 35,750

Spending reductions:

Exchange rate savings ................................................................... (23,482)

U.N. buydown ................................................................................. (44,664)

Administrative overhead ................................................................ (4,341)

Subtotal ........................................................................................ (72,487)

Total, international organizations ............................................. 943,944

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Pan American Health Organization.—A potential public health

crisis is one of the less discussed consequences of the avalanche of

people pouring out of Central and South America across the Southwest border. Measles, tuberculosis, malaria, and dengue fever are

just some of the better known diseases that have joined the migration north. The Pan American Health Organization is well positioned to combat the spread of these diseases. The Committee recommendation includes an increase of $13,000,000 to initiate a disease prevention and control program south of the border based on

the paper submitted to the Committee April 12, 2000.

North Atlantic Treaty Organization.—The Committee recommendation includes the full State Department share of the total

U.S. contribution to replace the decrepit North Atlantic Treaty Organization headquarters in Brussels, Belgium. Structurally and

functionally, the current complex of buildings has more than

reached the end of its useful service life. The Committee appreciates the generous donation of land by the Belgian people, and

commends the Departments of State and Defense on the thoroughness of the cost-benefit analysis underlying the decision to replace,

rather than renovate, existing facilities.

War crimes.—The Committee endorses the efforts of the U.S.

Ambassador to the U.N. to force efficiencies on the tribunals. The

State Department is directed to report to the Committee not later

than September 1, 2000 on the establishment, mission, and activities of the Iraq and Cambodia tribunals and on the prospects for

a Sierra Leone tribunal. The Department is further directed to provide to the Committee not later than March 1, 2001 an itemized

accounting of war crimes tribunal funding, from all sources, United

States or otherwise, for the period 1996 through 2000.
154

Spending decreases.—The recommendation assumes exchange

rate savings due to the continuing strength of the U.S. dollar, savings realized from withdrawal from the Interparliamentary Union

and the Bureau of International Expositions, and savings attributable to denial of membership on the Inter-American Indian Institute. The recommendation also anticipates approval of a reprogramming involving $19,759,000 in fiscal year 2000 ‘‘Contribution to International Organizations’’ [CIO] funds that will be used

to partially prepay UN regular budget assessments for calendar

year 2000 by a like amount. In addition, the Committee directs the

Department to provide $24,905,000 out of funds made available in

fiscal year 2000 for peacekeeping to also partially prepay U.N. regular budget assessments for calendar year 2000.

Excessive administrative overhead.—The Committee endorses the

efforts of the new Director of the U.N. Educational, Scientific, and

Cultural Organization [UNESCO] to streamline and reform an entrenched and self-serving bureaucracy. The Committee recommendation reflects efficiencies achieved by the Director. The

Committee also has imposed reductions on international organizations with inordinately high administrative costs.

Organization for Economic Cooperation and Development.—In

1996, the United States withdrew from the Development Center of

the Organization for Economic Cooperation and Development.

Events since then have heightened sensitivities to the potential for

problems in developing countries to impinge on the healthy functioning of the global economy. The Committee requests a report

from the Secretary of State by April 30, 2001, on the potential utility for the United States to reconsider membership in the Development Center.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

Appropriations, 2000 ............................................................................. $500,000,000

Budget estimate, 2001 ........................................................................... 738,666,000

House allowance .................................................................................... 498,100,000

Committee recommendation ................................................................. 500,000,000

This account funds U.S. payments for contributions for international peacekeeping activities. The Committee recommends an appropriation of $500,000,000. The recommendation is $238,666,000 below the budget request.

The Committee is aware that $20,000,000 in carryover is available

in this account. The amount provided has been distributed to

peacekeeping missions based on U.S. foreign policy priorities, demonstrated successes, and proven management expertise.

The Committee recommendations, by mission, are displayed in

the following table:

Contributions for International Peacekeeping Activities

[In thousands of dollars]

Committee

recommendation

U.N. Disengagement Observer Force—UNDOF ........................................... 17,800

U.N. Interim Force in Lebanon—UNIFIL ..................................................... 55,000

U.N. Iraq/Kuwait Observer Mission—UNIKOM .......................................... 4,500

U.N. Operations in Angola—MONUA ........................................................... 1,000

U.N. Mission in Bosnia/Herzegovina—UNMIBH/U.N. Mission of Observers Prevlaka—UNMOP ................................................................................ 45,000
155

Committee

recommendation

U.N. Mission in Kosovo—UNMIK .................................................................. 50,000

U.N. Force in Cyprus—UNFICYP .................................................................. 6,500

U.N. Observer Mission in Georgia—UNOMIG ............................................. 7,800

War Crimes Tribunals—Yugoslavia, Rwanda & Sierra Leone .................... 30,000

U.N. Mission in Sierra Leone—UNAMISL ................................................... 87,000

U.N. Transitional Administration in East Timor—UNTAET ...................... 142,400

U.N. Operations in the Democratic Republic of Congo—MONUC .............. 44,000

U.N. Operations in Ethiopia/Eritrea .............................................................. 29,000

Total, Peacekeeping .............................................................................. 520,000

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Spending adjustments.—The Committee commends the U.N. on

the successful conclusion of the mission to Tajikistan. Also, the

shift from a Chapter VI to Chapter VII mission in Sierra Leone,

and the intervention of a regional force outside the U.N. mandate,

has reduced the requirement for purely peacekeeping funds there.

Finally, longstanding objections to funding the peacekeeping mission in Western Sahara and smaller than projected forces in

Kosovo and East Timor has eased funding pressure on this account.

The account total has been adjusted accordingly.

War crimes.—The Committee continues to be concerned by slow

spending by the war crimes tribunals, noting that $6,000,000 in

unobligated balances were transferred to more efficient organizations in fiscal year 2000. As late as May 8, 2000, the Cambodia and

Iraq tribunals were still not operational. Yet, the various war

crimes tribunals are receiving funds from four separate accounts in

this bill and the Foreign Operations appropriations bill. The fiscal

year 2000 budget for the Yugoslavia panel alone was almost

$111,000,000. At least one high level official at State has characterized the tribunals as ‘‘fat’’ to the Committee. The recommendation

reflects concern that the budgets of the tribunals are out of control.

Also, the Committee is aware that the chief prosecutor for the

war crimes tribunals initiated an investigation of charges against

those responsible for the planning and execution of the air war over

Serbia and Kosovo. The Committee understands that the probe was

suppressed. The Department is directed to report to the Committee

on the nature and scope of the charges, the resources and man

hours expended in the preliminary review, and the findings of that

review prior to its abrupt termination not later than December 15,

2000.

Rwanda.—The Committee is aware of the finding in a U.N. panel

report that the United States, the U.N., France, and the Catholic

Church were indirectly responsible for the massacre of more than

500,000 Rwandans in 1994. The Committee is also aware that the

panel recommended that a commission be established to determine

what reparations are due Rwanda. The Committee reminds the

U.N. Secretary-General, who endorsed the report, that the United

States is not responsible for the slaughter in Rwanda. Nor is

France. Nor the Catholic Church. Rwandan Hutus alone are responsible for the wholesale extermination of Rwandan Tutsis. The

Committee is concerned that such blatant accusations undermine

legitimate efforts by the United States to fund ongoing peacekeeping operations and war crime tribunals on the Continent.
156

Until some African nations accept responsibility for their own actions, tragedies such as the genocide in Rwanda, the continuing

atrocities in Sierra Leone, and the looting of the Congo will continue.

ARREARAGE PAYMENTS

Appropriations, 2000 ............................................................................. $351,000,000

Budget estimate, 2001 ........................................................................... ...........................

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. 102,000,000

The Committee recommends an appropriation of $102,000,000.

The request is $102,000,000 above the budget request.

The Committee is aware that Congress and the administration

have a difference of opinion regarding the total amount of arrears

due the United Nations. The Committee has provided the disputed

amount in support of efforts by the United States U.N. Ambassador

to reduce U.S. regular and peacekeeping assessments.

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $19,551,000

Budget estimate, 2001 ........................................................................... 7,142,000

House allowance .................................................................................... 19,470,000

Committee recommendation ................................................................. 7,142,000

The Committee recommends an appropriation of $7,142,000. The

recommendation is identical to the budget request.

CONSTRUCTION

Appropriations, 2000 ............................................................................. $5,939,000

Budget estimate, 2001 ........................................................................... 26,747,000

House allowance .................................................................................... 6,415,000

Committee recommendation ................................................................. 26,747,000

The Committee recommends an appropriation of $26,747,000.

The recommendation is identical to the budget request.

The Committee recommendations, by project, are displayed in

the following table:

International Boundary & Water Commission Construction

[In thousands of dollars]

Committee

recommendation

Boundary-wide construction:

Facilities renovation construction ................................................. 425

Heavy equipment replacement ...................................................... 1,000

Land mobile radio systems replacement ...................................... 500

Hydrological data collection system rehabilitation ...................... 500

Subtotal, boundary-wide construction ....................................... 2,425

Rio Grande construction:

Rio Grande American Canal extension ......................................... 200

Rio Grande canalization continuation .......................................... 200

Rio Grande flood control system rehabilitation ........................... 1,285
157

Committee

recommendation

Safety of dams rehabilitation ........................................................ 1,000

Subtotal, Rio Grande construction ............................................ 2,685

Colorado River construction: Colorado River boundary/capacity

preservation ........................................................................................ 805

Subtotal, construction ................................................................. 5,915

Operations & maintenance ................................................................... 20,832

Total ............................................................................................. 26,747

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001.

Should delays in other construction projects free up the necessary funds, the Committee urges the Commission to give full consideration to the proposed feasibility study of in-channel and flood

plain habitat restoration projects for the Rio Grande River from the

Elephant Butte Dam to Fort Quitman.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

Appropriations, 2000 ............................................................................. $5,733,000

Budget estimate, 2001 ........................................................................... 8,891,000

House allowance .................................................................................... 5,710,000

Committee recommendation ................................................................. 6,741,000

This account funds the U.S. share of expenses of the International Boundary Commission [IBC], the International Joint Commission [IJC], and the Border Environment Cooperation Commission [BECC].

The Committee recommends an appropriation of $6,741,000. The recommendation is $2,150,000 below the budget request. The Committee adjusted its recommendation to compensate for an increase

provided in the fiscal year 2000 supplemental.

The Committee recommendations, by commission, are displayed

in the following table:

American Sections, International Commissions

[In thousands of dollars]

Committee

recommendation

International Boundary Commission:

Commission operations .................................................................. 457

Maine-Quebec project ..................................................................... 129

Washington-British Columbia ....................................................... 229

Montana-Alberta, British Columbia ............................................. 155

Subtotal, IBC ............................................................................... 970

International Joint Commission:

United States Section ..................................................................... 3,295

Studies & investigations ......................................................... [210]

U.S. Geological Survey ................................................................... 476

Subtotal, IJC ............................................................................... 3,771

Border Environment Cooperation Commission:

Studies & investigations/solid waste projects .............................. 400
158

Committee

recommendation

All other operations ........................................................................ 1,600

Subtotal, BECC ........................................................................... 2,000

Total, American sections ............................................................ 6,741

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001.

INTERNATIONAL FISHERIES COMMISSIONS

Appropriations, 2000 ............................................................................. $15,549,000

Budget estimate, 2001 ........................................................................... 19,392,000

House allowance .................................................................................... 15,485,000

Committee recommendation ................................................................. 19,392,000

This account funds the U.S. share of the expenses of international fisheries commissions; participation in the International

Council for the Exploration of the Sea; participation in the North

Pacific Marine Sciences Organization; travel expenses of the U.S.

commissioners and their advisors; and salaries of non-Government

employees of the Pacific Salmon Commission for days actually

worked as commissioners and panel members and alternates.

The Committee recommends an appropriation of $19,392,000.

The recommendation is identical to the budget request.

The Committee recommendations, by commission, organization,

or council, are displayed in the following table:

International Fisheries Commissions

[In thousands of dollars]

Committee

recommendation

Inter-American Tropical Tuna Commission .................................................. 2,132

Great Lakes Fishery Commission .................................................................. 12,353

Pacific Salmon Commission ............................................................................ 2,151

International Pacific Halibut Commission .................................................... 1,881

International Whaling Commission ............................................................... 90

North Pacific Anadromous Fish Commission ................................................ 97

Int’l Commission/Conservation of Atlantic Tunas ........................................ 118

Northwest Atlantic Fisheries Organization .................................................. 143

Commission for the Conservation of Antarctic Marine Living Resources .................................................................................................................. 55

North Atlantic Salmon Conservation Organization ...................................... 27

Int’l Council for the Exploration of the Seas ................................................. 139

North Pacific Marine Science Organization .................................................. 66

Inter-American Sea Turtle Convention Commission .................................... 50

Expenses of the U.S. Commissioners ............................................................. 90

Total ....................................................................................................... 19,392

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001.

Of the amount provided for the Great Lakes Fishery Commission

[GLFC], not less than $300,000 shall be used to treat Lake Champlain with lampricide. The GLFC is directed to give priority to

States that have provided matching grants when distributing

lampricide funds.
159

OTHER

PAYMENT TO THE ASIA FOUNDATION

Appropriations, 2000 ............................................................................. $8,250,000

Budget estimate, 2001 ........................................................................... 10,000,000

House allowance .................................................................................... 8,216,000

Committee recommendation ................................................................. ...........................

The Committee does not recommend funding for the Asia Foundation. The recommendation is $10,000,000 less than the budget

request.

The Asia Foundation is a nongovernmental grantmaking organization that Congress has repeatedly urged to aggressively pursue

private funds to support its activities. The Committee believes that

the time has come for the Asia Foundation to transition to private

funding.

OTHER

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

Appropriations, 2000 ............................................................................. $465,000

Budget estimate, 2001 ........................................................................... 500,000

House allowance .................................................................................... 500,000

Committee recommendation ................................................................. 500,000

The Committee recommends an appropriation of $500,000 in interest and earnings in the Eisenhower Exchange Fellowship Program Trust Fund, authorized by the Eisenhower Exchange Fellowship Act of 1990 (Public Law 101–454). The recommendation is

equal to the budget request.

The Eisenhower Exchange Fellowship Act of 1990 authorized a

permanent endowment for the Eisenhower Exchange Fellowship

Program. The act established the Eisenhower Exchange Fellowship

Program Trust Fund in the U.S. Treasury for these purposes. A

total of $7,500,000 has been provided to establish a permanent endowment for the program, from which interest and earnings in the

fund are appropriated to Eisenhower Exchange Fellowships, Inc.

ISRAELI-ARAB SCHOLARSHIP PROGRAM

Appropriations, 2000 ............................................................................. $340,000

Budget estimate, 2001 ........................................................................... 375,000

House allowance .................................................................................... 375,000

Committee recommendation ................................................................. 375,000

The Committee recommends an appropriation of interest and

earnings for the Israeli-Arab Scholarship Endowment Fund estimated to be $375,000. The recommendation is equal to the budget

request.

A permanent endowment of $4,978,500 for the fund was established in fiscal year 1992 with funds made available to the U.S. Information Agency (USIA) under section 556(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations

Act, 1990, as amended. The obligations of the now dissolved USIA

are handled by the Department of State. The income from the endowment is to be used for a program of scholarships for Israeli-
160

Arabs to attend institutions of higher education in the United

States.

EAST-WEST CENTER

Appropriations, 2000 ............................................................................. $12,500,000

Budget estimate, 2001 ........................................................................... 12,500,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. 13,500,000

The Committee recommends an appropriation of $13,500,000. The recommendation is $1,000,000 above the request. The Committee is aware that another $12,500,000 is available to the Center

from the ‘‘Diplomatic and consular programs’’ account.

NORTH/SOUTH CENTER

Appropriations, 2000 ............................................................................. $1,750,000

Budget estimate, 2001 ........................................................................... 1,750,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. ...........................

The Committee has included funds for the North/South Center

under the ‘‘Educational and Cultural Exchange Programs’’ account.

NATIONAL ENDOWMENT FOR DEMOCRACY

Appropriations, 2000 ............................................................................. $31,000,000

Budget estimate, 2001 ........................................................................... 32,000,000

House allowance .................................................................................... 30,872,000

Committee recommendation ................................................................. 30,999,000

The Committee recommends an appropriation of $30,999,000.

The recommendation is $1,001,000 below the budget request.

Nation-building.—In conjunction with peacekeeping efforts described elsewhere in the report, the recommendation includes not

less than $1,500,000 each for National Endowment for Democracy

programs designed to assist in the reconstitution of civil governments in Kosovo, Sierra Leone, the Democratic Republic of the

Congo, and East Timor. The Committee expects the Endowment to

coordinate closely with the State Department, the U.N., and relevant non-governmental organizations. A master plan for each

country shall be submitted to the Committee not later than February 1, 2001.

RELATED AGENCIES

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

Appropriations, 2000 ............................................................................. $388,421,000

Budget estimate, 2001 ........................................................................... 405,056,000

House allowance .................................................................................... 419,777,000

Committee recommendation ................................................................. 388,421,000

This account funds the operating and engineering costs of Voice

of America [VOA], Radio Free Europe/Radio Liberty [RFE/RL],

Radio Free Asia [RFA], Worldnet Television, and the Broadcasting

Board of Governors [BBG].

The Committee recommends an appropriation of $388,421,000. The recommendation is $16,635,000 below the budget request.
161

The Committee recommendations are displayed in the following

table:

[In thousands of dollars]

Committee

recommendation

Broadcasting Board of Governors ................................................................... 2,871

International Broadcasting Bureau:

Voice of America ....................................................................................... 111,787

Worldnet Television and Film Service .................................................... 3,683

Engineering and technical operations .................................................... 109,011

Program support ....................................................................................... 14,641

Administrative support ............................................................................ 52,125

Subtotal ................................................................................................. 294,118

Independent grantee organizations:

Radio Free Europe/Radio Liberty ............................................................ 69,533

Radio Free Asia ........................................................................................ 24,770

Uyghur ............................................................................................... [1,000]

Subtotal .......................................................................................... 94,303

Total, international broadcasting operations .............................. 388,421

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

China.—The Committee recommendation includes a $1,000,000

increase over the budget request for Radio Free Asia to increase

daily Uyghur broadcasts from 1 hour to 2 hours. Uyghur, a Turkic

language, is spoken by minorities in northwest China.

Mission.—VOA is charged with: (1) providing comprehensive and

balanced news; (2) explaining American values, institutions, and

thought; and (3) presenting U.S. foreign policy and responsible discussion of it. The Committee believes it essential that these three

requirements receive equal priority in terms of resource allocation,

regularly scheduled programming, and affiliate and placement efforts. The introduction of the News Now format and concomitant

efforts to eliminate American experience and American foreign policy programming calls into question VOA’s compliance with its own

Charter, which has the standing of law and which has been reaffirmed in legislation related to international broadcasting. Therefore, the Committee directs the BBG, the Director of the International Broadcasting Bureau, and the Director of VOA to take immediate steps to: (1) increase the type and amount of VOA programming, whether radio, TV, or Internet streaming, devoted to

fulfilling the American foreign policy requirement of the VOA

Charter, including, but not limited to, the daily Editorial, the weekly foreign policy talk show ‘‘On the Line’’, and the International

Crime Alerts (including abducted children alerts), until such programming achieves a proportionate and reasonable share of total

VOA programming, and (2) establish an American Interests Division, using funds from the current VOA News Now budget, the

mission of which shall be to produce programming that fulfills the

American experience mandate of the VOA Charter.

VOA TV.—Voice of America [VOA] has been piloting a television/

Internet initiative that the Committee believes has real promise.

The Committee directs that the 23 Worldnet employees currently

detailed to VOA for the TV pilot be permanently transferred to
162

VOA. The transfer shall include all associated equipment and supplies.

Worldnet.—Worldnet, the television arm of international broadcasting, features the interactive talk show, ‘‘Dialogues’’, produces a

limited amount of original programming, and airs selected documentaries. This past year, the Committee rejected a merger of VOA

and Worldnet for cost and other reasons. This year, the Committee

recommendation distributes Worldnet personnel and assets to

VOA, as mentioned above, the State Department, and grantees on

an as-needed, as-desired basis. The Committee expects qualified

Worldnet employees to have right of first refusal for openings

across the international broadcasting community. The recommendation provides $3,683,000 to transition and close out

Worldnet operations. Exchange rate savings and carryover may

also be used for this purpose.

Shifting requirements.—The Committee believes an opportunity

exists to reach important and isolated minorities in the Northern

Caucasus. RFE/RL has in the past broadcast in native languages

to this region. The Committee believes that doing so today would

not be financially prohibitive, and further believes that the

Chechen crisis has created a genuine need in this region for objective, uncensored information. The Committee directs RFE/RL to expand broadcasting to the Northern Caucasus and to develop programming in Avar, Chechen, and Circassian. To the degree desirable, RFE/RL should exploit TV assets discussed under Worldnet.

RFE/RL shall report back to the Committee on this effort not later

than February 14, 2001.

BROADCASTING TO CUBA

Appropriations, 2000 ............................................................................. $22,095,000

Budget estimate, 2001 ........................................................................... 23,456,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. 22,095,000

This account funds the operating and engineering costs of Radio

and Television Marti.

The Committee recommends an appropriation of $22,095,000.

The recommendation is $1,361,000 below the budget request.

BROADCASTING CAPITAL IMPROVEMENTS

Appropriations, 2000 ............................................................................. $11,258,000

Budget estimate, 2001 ........................................................................... 19,760,000

House allowance .................................................................................... 18,358,000

Committee recommendation ................................................................. 31,075,000

This account funds necessary maintenance, improvements, replacements, and repairs of broadcasting sites; satellite and terrestrial program feeds; and engineering support activities, broadcast

facility leases, and land rentals.

The Committee recommends an appropriation of $31,075,000.

The recommendation is $11,315,000 above the budget request.

Worldwide security upgrades.—The Broadcasting Board of Governors has delivered the report requested by the Committee on

worldwide security requirements. The recommendation includes

$1,315,000 above the requested level to upgrade security at various
163

locations. The Committee expects to be notified of the planned use

of these funds prior to release.

Coverage.—The Committee recommendation provides $10,000,000 for two rotatable transmitting antennas at the IBB

transmitting site in Greenville, NC, an initiative proposed last year

that could not be acted upon due to budget constraints. These antennas will allow broadcasts to be sent around the world and will

replace antennas that only broadcast to Central and South America.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCIES

The Committee recommends the following general provisions:

Section 401 permits funds appropriated in this act for the Department of State to be available for allowances and differentials,

services, and hire of passenger transportation.

Section 402 permits up to 5 percent of any appropriation made

available in the bill for the Department of State and the U.S. Information Agency to be transferred between their respective appropriations. The language also provides that no appropriation shall

be decreased by more than 5 percent or increased by more than 10

percent by any such transfer. In addition, the language provides

that any transfer pursuant to this subsection shall be treated as a

reprogramming of funds under section 605 of the accompanying bill

and shall not be available for obligation or expenditure except in

compliance with the procedures set forth in that section.

Section 403 allows the Department of State to recover the costs

of administering munitions export controls.

Section 404 prohibits the use of Department of State funds to

support the Palestinian Broadcasting Corp.

Section 405 prohibits the U.N., or any of its specialized agencies,

from imposing a tax on the Internet.

Section 406 requires that a consulate or diplomatic facility in Jerusalem be under the supervision of the U.S. Ambassador to Israel.

Section 407 requires government publications to list Jerusalem

as the capital of Israel.

Section 408 allows Israel to be recorded as the place of birth on

registrations of birth, certifications of nationality, and passport applications for U.S. citizens born in Jerusalem.

Section 409 limits the fundraising ability of criminal groups trafficking in ‘‘conflict’’ diamonds.
(164)

TITLE V—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

Appropriations, 2000 ............................................................................. $178,082,000

Budget estimate, 2001 ........................................................................... 185,119,000

House allowance .................................................................................... 197,915,000

Committee recommendation ................................................................. 203,340,000

The Maritime Administration [MarAd] in the Department of

Transportation is responsible for administering several programs

for the maritime industry relating to U.S. foreign and domestic

commerce and for national defense purposes.

The Committee recommends a total appropriation of $203,340,000, which is $18,221,000 above budget request. The

Committee’s recommendations for specific accounts are described

below.

MARITIME SECURITY PROGRAM

Appropriations, 2000 ............................................................................. $96,200,000

Budget estimate, 2001 ........................................................................... 98,700,000

House allowance .................................................................................... 98,700,000

Committee recommendation ................................................................. 98,700,000

The Committee recommends an appropriation of $98,700,000.

The recommendation is identical to the budget request.

The Maritime Security program maintains a U.S.-flag merchant

fleet crewed by U.S. citizens who serve both the commercial and

national security needs of the United States. The Committee’s recommendation fully funds the 47 ships authorized to participate in

this program.

OPERATIONS AND TRAINING

Appropriations, 2000 ............................................................................. $72,073,000

Budget estimate, 2001 ........................................................................... 80,240,000

House allowance .................................................................................... 84,799,000

Committee recommendation ................................................................. 80,240,000

The Committee recommends an appropriation of $80,240,000.

The recommendation is identical to the budget request.

This account funds operations of the Maritime Administration

[MarAd], the U.S. Merchant Marine Academy, and provides grants

to State maritime academies.

The recommendation includes $37,236,000 for the U.S. Merchant

Marine Academy and $9,484,000 for the State maritime schools.

Within the amounts provided for the U.S. Merchant Marine Academy, $3,000,000 is included to reduce the maintenance and repair

backlog at the Academy, and to begin to make needed capital improvements. Within the amounts for State maritime schools,

$1,200,000 shall be for student incentive payments, and $2,511,000
165

is provided for the rehabilitation of the EMPIRE STATE. The Committee notes that MarAd anticipates using $2,000,000 in Ready Reserve funds to support the schoolship maintenance and repair program.

MARITIME GUARANTEED LOAN PROGRAM

Appropriations, 2000 ............................................................................. $9,809,000

Budget estimate, 2001 ........................................................................... 6,179,000

House allowance .................................................................................... 14,416,000

Committee recommendation ................................................................. 24,400,000

The Committee recommends an appropriation of $24,400,000.

The recommendation is $18,221,000 above the budget request and

assumes administrative expenses of $4,179,000.

The Maritime Guaranteed Loan Program (title XI) provides subsidies for guaranteed loans for purchasers of vessels built in U.S.

shipyards and includes the guarantee for facilities or equipment

pertaining to marine operations related to any of those vessels.

The Committee is concerned that the amount of subsidy requested by the Administration is inadequate to meet the needs of

MarAd for fiscal year 2001. Projects currently under consideration,

and many future maritime projects could be in jeopardy. The recommended subsidy amount, when combined with $28,700,000 in

anticipated carryover balances, should provide sufficient funding to

cover expected out-year requirements. In addition, the Committee

recommendation eliminates the $1,000,000,000 program limitation.

The Committee believes the Title XI cap is no longer necessary because of Federal Credit Reform Act protections and because the cap

actually discourages the approval of low risk loans.

CENSUS MONITORING BOARD

Appropriations, 2000 ............................................................................. ...........................

Budget estimate, 2001 ........................................................................... $4,000,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. ...........................

The Committee does not recommend funding in fiscal year 2001

for the Census Monitoring Board. The recommendation was funded

within the Bureau of the Census in fiscal year 2000.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $490,000

Budget estimate, 2001 ........................................................................... 390,000

House allowance .................................................................................... 390,000

Committee recommendation ................................................................. 490,000

The Committee recommends an appropriation of $490,000. This

amount is $100,000 more than the budget request. The recommendation will allow the Commission to fund its administrative

expenses through appropriated funds while relying on privately donated funds for the actual purchase and restoration of property.

The purpose of the Commission is to encourage the preservation

of cemeteries, monuments, and historic buildings associated with

the foreign heritage of the American people.
166

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $8,900,000

Budget estimate, 2001 ........................................................................... 11,000,000

House allowance .................................................................................... 8,866,000

Committee recommendation ................................................................. 8,900,000

The Committee recommends $8,900,000 for the salaries and expenses of the Commission on Civil Rights. The amount recommended is $2,100,000 less than the budget request and is equal

to the current year appropriation.

The Committee recommends bill language which provides: (1) $50,000 to employ consultants; (2) a prohibition against reimbursing commissioners, including the Chairman, for more than 75

billable days; (3) a limitation of four full-time positions under

schedule C of the Excepted Service exclusive of one special assistant for each Commissioner; and (4) a prohibition on hiring any additional Senior Executive Service personnel.

COMMISSION ON OCEAN POLICY

Appropriations, 2000 ............................................................................. ...........................

Budget estimate, 2001 ........................................................................... ...........................

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. $1,000,000

The Committee recommends that $1,000,000 be appropriated in

fiscal year 2001 for the Commission on Ocean Policy. Legislation is

pending directing the President to establish a Commission on

Ocean Policy, as the successor to the objective, science-based 1966

Stratton Commission. The Committee is concerned that the Nation’s long-term interests are being undermined by the ever increasing efforts of private or special interest groups. Ocean policy

issues are selectively chosen in an effort to subjectively influence

national decisions regarding ocean management. In addition, the

current disarray is being exacerbated by the administration’s

whimsical and disjointed ocean policy announcements designed

more for short-term public consumption than for achieving longterm national goals. The Committee believes the best way to responsibly address the numerous issues associated with management and conservation of our ocean resources is through a balanced, independent and comprehensive review that includes input

from all affected interests. To date $4,500,000 has been appropriated for the Commission.

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $1,182,000

Budget estimate, 2001 ........................................................................... 1,370,000

House allowance .................................................................................... 1,182,000

Committee recommendation ................................................................. 1,370,000

The Committee recommends an appropriation of $1,370,000. This

is equal to the budget request.

The Commission was established in 1976 to ensure compliance

with the final act of the Conference on Security and Cooperation
167

in Europe with particular regard to provisions dealing with humanitarian affairs.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $282,000,000

Budget estimate, 2001 ........................................................................... 322,000,000

House allowance .................................................................................... 290,928,000

Committee recommendation ................................................................. 294,800,000

The Committee recommends $294,800,000 for the Equal Employment Opportunity Commission [EEOC] in fiscal year 2000. This

amount is $27,200,000 less than the request and $12,800,000 above

the fiscal year 2000 appropriation. During the past 3 years, the

EEOC has received increases significantly higher than most of the

agencies funded under this bill. No new initiatives are funded

under this year’s recommendation, but it does provide the requested adjustments to base funding for fiscal year 2001.

The Committee recommendation includes $31,000,000 to fund

fair employment practices agencies. This should permit the EEOC

to increase the contract rate for cases closed to $575. In order to

ensure the EEOC understands the importance the Committee

places on the work of State and local fair employment practices

agencies, bill language is included to direct the agency to increase

funding for the charge rate paid to these agencies.

The Committee expects the agency to use its anticipated fiscal

year 2000 carryover funds and the remainder not used for the

above purposes to modernize its computer systems.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $210,000,000

Budget estimate, 2001 ........................................................................... 237,188,000

House allowance .................................................................................... 207,909,000

Committee recommendation ................................................................. 237,188,000

The Committee recommends the requested fiscal year 2001 program level of $237,188,000 for the salaries and expenses of the

Federal Communications Commission [FCC], of which $200,146,000

is to be derived from collection of existing fees. The remaining

$37,042,000 is provided from direct appropriations. The recommendation is $27,188,000 above the fiscal year 2000 appropriation.

The FCC is an independent agency charged with regulating

interstate and foreign communications, including radio, television,

wire, wireless, cable, and satellite.

From within the funds recommended, the Committee directs the

FCC to support public safety, security, emergency preparedness

and telecommunications functions of the 2002 Olympic Winter

Games.

The bill contains language which prohibits the FCC from expending funds to grant a license or operating authority to any entity in

which a foreign entity has more than a 25 percent direct or indirect

ownership or interest.
168

Section 309(j) of the Communications Act prohibits the FCC from

utilizing competitive bidding to award a broadcast license to a noncommercial educational or public station to operate on a non-reserved channel. This statutory exemption for public broadcasters

was enacted because of the unique public service they provide, particularly in rural and underserved areas, and because these stations are financially unable to compete in the competitive bidding

process. Congress did not intend publicly funded stations to use

public funds to pay for a Federal asset to provide a public service.

The Committee believes the Commission misinterpreted the law

and the underlying congressional intent when it decided to subject

public broadcast stations to the competitive bidding process against

commercial broadcast stations. See MM Docket No. 95–31 at 101–

111 (rel. April 21, 2000). The Commission’s decision to subject mutually exclusive broadcast applications for non-reserved spectrum

to competitive bidding when one of the applicants has proposed a

non-commercial educational television or radio station could result

in the shutdown of the poorest public stations or the denial of new

service.

According to the Congressional Budget Office, public broadcasters would have to pay approximately a quarter of a billion dollars to acquire the spectrum they will need for digital conversion

through a competitive bidding process if the Commission’s decision

is upheld. The Committee therefore directs the FCC to reconsider

the non-commercial non-reserved spectrum auction portion of its

Report and Order and adopt another approach that does not subject public broadcasters to auction when they apply for broadcast

spectrum not specifically reserved for non-commercial educational

use. The Committee further understands that this matter is currently pending in the Court of Appeals and urges the Court to take

notice of Section 309(j), congressional intent, and the public policy

goals underpinning the statute.

The Committee is concerned about the declining standards of

broadcast television and the impact this decline is having on America’s children. An analysis of all prime-time programming has

found that overall sexual content, foul language and violence have

nearly tripled over the past decade. In December 1999, the FCC

issued a notice of inquiry regarding the public interest obligations

of broadcasters during and after the transition to digital transmission. The Committee directs the FCC to report to Congress on

the issues associated with resurrecting a broadcast industry code

of conduct for content of programming that, if adhered to by the

broadcast industry, would protect against the further erosion of

broadcasting standards. By June 1, 2001, the FCC is directed to report its findings to the Appropriations Committee.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $14,150,000

Budget estimate, 2001 ........................................................................... 16,222,000

House allowance .................................................................................... 14,097,000

Committee recommendation ................................................................. 16,222,000
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The Committee recommends an appropriation of $16,222,000.

The recommendation is identical to the budget request.

The Federal Maritime Commission is an independent regulatory

agency charged with administering several laws relating to the waterborne domestic and foreign offshore commerce of the United

States.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $125,024,000

Budget estimate, 2001 ........................................................................... 164,600,000

House allowance .................................................................................... 134,807,000

Committee recommendation ................................................................. 159,500,000

The Federal Trade Commission [FTC] administers a variety of

Federal antitrust and consumer protection laws. Activities in the

antitrust area include detection and elimination of illegal collusion,

anticompetitive mergers, unlawful single-firm conduct, and injurious vertical agreements. The FTC regulates advertising practices,

service industry practices, marketing practices, and credit practices

as it addresses fraud and other consumer concerns.

The FTC requested, as part of their fiscal year 2001 budget, language which would restructure the fee schedule for Hart-Scott-Rodino pre-merger filings pursuant to section 605 of Public Law 101–

162, as amended. These filing fees are used to offset the cost of the

merger reviews which are conducted by the FTC or the Department

of Justice Antitrust Division. Pre-merger filing fees are evenly divided between the two agencies. The Committee has incorporated

this request in the bill. Current law requires a pre-merger filing fee

of $45,000 on all merger transactions in excess of $15,000,000. The

FTC proposes changing the minimum threshold for filing from

$15,000,000 to $35,000,000. In addition, the request would establish a three-tiered fee schedule. Businesses filing merger transactions valued up to $99,999,999 would pay the current pre-merger

filing fee of $45,000; businesses filing merger transactions valued

from $100,000,000 to $199,999,999 would pay $100,000; and, businesses filing merger transactions valued over $200,000,000 would

pay $200,000. The number of pre-merger filings has tripled since

1991. This restructuring would provide relief to small businesses,

and would eliminate filing fees for approximately 40 percent of current filers. Transactions at higher valuations are complex and require significant staff time to review; thus, a higher fee for premerger filings more accurately reflects the cost of the review. The

language in the bill also permits agencies to seek civil penalties or

any other appropriate remedy as provided for under 15 U.S.C. section 18a(g) for misrepresenting the size of a transaction in a premerger notification filing.

Competition.—The FTC’s mission is divided between consumer

protection and maintaining competition. For fiscal year 2001, the

FTC is seeking increases for both of the agency’s missions. The

agency is seeking an additional 69 full-time equivalent [FTE] personnel and $15,600,000 to maintain its Hart-Scott-Rodino merger

reviews and continue to monitor and enforce non-merger matters

effectively. The number of merger reviews have increased signifi-
170

cantly over the past 5 years. Staff regularly assigned to non-merger

business reviews have been diverted to merger reviews in order to

meet statutorily imposed deadlines for the completion of merger investigations. The Committee recommends the agency’s request for

the additional resources to ensure completion of merger reviews on

a timely basis, while maintaining the staff necessary to review nonmerger business practices, including monitoring, enforcement and

compliance.

Of the funds recommended for the Bureau of Competition, the Committee expects the FTC to expend up to $900,000 for the completion of its investigation into slotting allowances in order to ensure fair competition in the retail grocery business.

Consumer Protection.—The FTC is requesting an additional $16,500,000 in fiscal year 2001 and 69 [FTE] for its consumer protection activities. The FTC has responsibility for the newly-enacted

Identity Theft and Assumption Deterrence Act, and is developing

a database to meet its statutory requirements under this law. The

other major area of consumer protection activity is prevention and

prosecution of Internet fraud. In 1999, consumers are estimated to

have spent $20,200,000,000 on-line. This amount is expected to

grow almost exponentially during the next 4 years. The FTC expects to expand its toll-free consumer hotline, established during

fiscal year 1998, to handle 45,000 calls per month. In addition, the

agency expects to expand its Consumer Sentinel database to make

it available to international law enforcement officials to create data

sharing arrangements. The Committee does not approve of

$5,100,000 of the requested increase in funding for consumer education and outreach. The agency’s plans for the deployment of mobile information kiosks with interactive CD–ROMs as a method of

reaching the public does not seem cost-effective. While there is a

need to educate consumers to protect themselves from fraud, the

agency should seek to network with public and private sector entities to get the agency’s message to the public. It should be in the

interest of legitimate businesses to help the FTC educate the public

about using credit wisely and to spot deceptive advertising.

Internet.—The FTC has brought 100 cases against 300 companies

and individuals for Internet fraud. Internet fraud is proliferating

as rapidly as on-line sales. The agency is also charged with monitoring compliance with the Children’s Online Privacy Protection

Act. The Committee’s recommendation ensures the agency is adequately prepared to meet the challenges of increased fraud on the

Internet and the agency’s recognition that Internet fraud is an

international phenomenon since the Internet has no borders.

The Committee has reviewed the FTC’s May 2000 report entitled

‘‘Privacy Online: Fair Information Practices in the Electronic Marketplace.’’ Many of the Commission’s findings raise legitimate concerns in the areas of consumer privacy and security. However, the

report concludes that legislation and agency rulemaking are necessary to ensure that privacy and security are maintained. Five

years ago, a small percentage of the population accessed the Internet. Few new technologies have been adopted as quickly as using

a personal computer to access the Internet, and its use is changing

the way Americans live and work. Industry is aware that privacy

and security in using the Internet are concerns of its users. The in-
171

dustry knows full well that if these concerns are not addressed,

people will cease to purchase products and services on-line. In this

regard, the Committee encourages the industry to develop and implement effective self regulatory measures, which the Committee

believes will improve consumer confidence in the Internet.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2000 ............................................................................. $305,000,000

Budget estimate, 2001 ........................................................................... 340,000,000

House allowance .................................................................................... 275,000,000

Committee recommendation ................................................................. 300,000,000

The Committee recommends an appropriation of $300,000,000.

This is $40,000 less than the budget request. The Committee recommendation includes $289,000,000 for basic field programs, to be

used for competitively awarded grants and contracts, $8,900,000 for

management and administration, and $2,100,000 for the Office of

the Inspector General [OIG]. The Committee is aware that LSC released statistics stating its grantees received over $605,000,000 in

total funding during 1999.

The Committee is concerned by the amount spent on travel costs

and on past Board of Directors’ meetings held at four star hotels

and resort spas which are not on the Federal Government’s approved list. Federal funding is being provided for the program’s

core mission: to provide basic legal aid to poor individuals. With

this in mind, the Committee recommends a less indulgent approach

in these areas. Furthermore, from available funds, the Committee

recommends five additional investigators for the Compliance and

Enforcement Division to investigate field grantees’ compliance with

the limited regulations grantees agreed to abide by when accepting

Federal taxpayer funding.

ADMINISTRATIVE PROVISIONS

The Committee recommendation continues the administrative

provisions contained in the fiscal year 1998 appropriations act

(Public Law 105–119) regarding operation of this program to provide basic legal services to poor individuals, including provisions

relating to distribution of funding by formula according to the number of poor people residing in an area, with adjustments for certain

isolated States and territories, and for native American communities.

The Committee recommendation continues administrative provisions restricting the use of Legal Services Corporation funds. As in

the past, grantees must agree not to engage in litigation and related activities with respect to a variety of matters including (1) redistricting; (2) class action suits; (3) representation of illegal aliens;

(4) political activities; (5) collection of attorney fees; (6) abortion; (7)

prisoner litigation; (8) welfare reform; (9) representation of charged

drug dealers during eviction proceedings; and (10) solicitation of clients.

The Committee recommendation continues the exception to the

restrictions in a case where there is imminent threat of physical

harm to the client or prospective client.
172

Also, it extends the language providing for the manner in which

LSC grantees are audited, the manner in which they contract with

certified public accountants for financial and compliance audits,

and the provisions on recompetition and debarment.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $1,270,000

Budget estimate, 2001 ........................................................................... 1,400,000

House allowance .................................................................................... 1,700,000

Committee recommendation ................................................................. 1,700,000

The recommendation provides $1,700,000 for the Marine Mammal Commission in fiscal year 2001. This is $430,000 above the fiscal year 2000 appropriation and is $300,000 above the fiscal year

2001 request.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $367,800,000

Budget estimate, 2001 ........................................................................... 422,800,000

House allowance .................................................................................... 392,624,000

Committee recommendation ................................................................. 489,652,000

The Securities and Exchange Commission [SEC] is an independent agency responsible for administering many of the Nation’s

laws regulating the areas of securities and finance.

The Committee recommendation provides total budget

(obligational) authority of $489,652,000 for the Securities and Exchange Commission for fiscal year 2001. The recommended amount

of budget authority is $66,852,000 above the fiscal year 2001 total

request and is $121,852,000 above the fiscal year 1999 funding

level.

The recommendation reduces the section 6(b) registration fees to

a pro rata rate of $250 per $1,000,000 (roughly 1⁄40 of 1 percent)

for fiscal year 2001. In fiscal year 2000, the fee rate was 1⁄38 of 1

percent. The recommendation assumes that $295,000,000 in fees

collected in fiscal year 1999 and $194,652,000 in fees collected in

fiscal year 2001 will be available as offsetting collections.

For fiscal year 2001 the Committee continues to emphasize the

importance of the Office of Economic Analysis within the Commission and expects adequate funds be provided in order to carry out

these functions. The Committee recommends bill language, similar

to that included in previous appropriations acts, which: (1) allows

for the rental of space; (2) makes up to $3,000 available for official

reception and representation expenses; (3) makes up to $10,000

available for a permanent secretariat for the International Organization of Securities Commissions; and (4) makes up to $100,000

available for governmental and regulatory officials.

Financial Controls.—In October 1999, the SEC’s Office of Inspector General reported that the ‘‘overall control structure’’ over the

collection of fees remained inadequate. The Committee understands

that a new fee system is being developed. The Committee directs

the Chairman of the SEC to report to the Committees on Appro-
173

priations on the status of implementation of this new computerized

system no later than December 1, 2000. The report should include

a description of any new financial controls that will be put into

place and when.

Civil Penalties.—The Securities Enforcement Remedies and

Penny Stock Reform Act of 1990 allows the SEC to seek civil monetary penalties in enforcement actions in Federal district court or

administrative proceedings against any individual or firm in the securities industry. The district court has the discretion to determine

the civil penalty to be imposed in judicial proceedings. Depending

on the seriousness of the violation, the SEC has the statutory authority to seek penalties that range from $5,500 to $1,100,000 or

up to 3 times the gross amount of the pecuniary gain to the defendant as a result of the violation. If these penalties are not paid within a prescribed time, the SEC may request contempt proceedings

in Federal district court. It appears these penalties are no longer

dissuading perpetrators from committing these acts of fraud. The

Committee directs the SEC to provide recommendations for increased penalties which will deter future criminal intent. These

recommendations should be provided to the Committees on Appropriations no later than December 1, 2000.

Investing on the Internet.—The Committee continues to be concerned about fraud related to stock transactions via the Internet.

Our markets have been transformed by far-reaching and fast-paced

innovation. More Americans than ever before invest in the securities markets, and today many are investing through the Internet.

While the Internet has had many positive effects on the practice

of investing—lowering brokerage commissions, increasing the flow

of information, and increasing public participation in the market

place—the growth of online investing and increased access to investment-related information also has created some significant

dangers for unwary investors. The Internet, along with surging

markets, has brought millions of relative novices to the markets,

while also providing simple, effective and essentially anonymous

ways for fraudulent operators to exploit them.

Increases in securities fraud could potentially place a significant

burden on regulators’ limited resources. Customized software must

be developed at the State level to search out and detect Internet

fraud. The Internet does not recognize jurisdictional boundaries.

Consequently, cooperation among international, Federal, and State

securities regulators is critical. Well defined partnerships must be

established among our foreign regulatory counterparts and the

SEC as well as between individual States. This coordination should

include information sharing about surveillance techniques, questionable transactions that suggest fraud, and successful prosecutorial approaches. Such partnerships will better enable the SEC to

obtain evidence necessary to initiate enforcement actions.

The Committee acknowledges that the most effective countermeasure against securities fraud is an educated investing public.

Given the potential for fraud, investment decision’s should not be

based solely on information obtained over the Internet. Rather, investors should take a number of independent steps to ensure the

accuracy of information provided about a stock over the Internet.

These steps include reviewing financial information about the com-
174

pany that may be available from independent sources, determining

whether the company is in fact developing a technology as advertised over the Internet, and contacting companies that are alleged

to be in the process of signing contracts with the company in question.

The Congress provided additional resources to the Commission in

the fiscal year 2000 appropriation to address the rapidly expanding

area of securities fraud on the Internet. The Committee is pleased

with the Commission’s progress to date in applying these funds to

enhance its Internet fraud efforts. The SEC’s request for fiscal year

2001 continues the program at the fiscal year 2000 level and is

based on information available in the early stages of implementation of the enhanced program. The Committee recommends an increase of $2,000,000 above the request for additional information

systems support to help the SEC investigate and prosecute these

cases more efficiently and to fund the full cost of required information systems improvements.

SMALL BUSINESS ADMINISTRATION

Appropriations, 2000 ............................................................................. $877,000,000

Budget estimate, 2001 ........................................................................... 1,057,820,000

House allowance .................................................................................... 860,699,000

Committee recommendation ................................................................. 887,465,000

The Committee recommends total funding of $887,465,000 for the

Small Business Administration. This amount is $524,000 below the

fiscal year 2000 enacted amount and a decrease of $170,355,000

from the budget request. The total funding is distributed among

the five SBA appropriation accounts as described below.

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $322,800,000

Budget estimate, 2001 ........................................................................... 163,000,000

House allowance .................................................................................... 304,094,000

Committee recommendation ................................................................. 143,475,000

The Committee recommendation provides a direct appropriation

of $143,475,000 for the salaries and expenses of the Small Business

Administration. This amount is $19,525,000 below the fiscal year

2001 request and $179,325,000 below the fiscal year 2000 appropriation. In fiscal year 2001, the SBA request for salaries and expenses was divided into two accounts. Those costs, which are directly attributable to some of the agency’s ‘‘non-credit business assistance programs’’, are shown in a new account with that name.

The new salaries and expenses account includes funds wholly devoted to the administrative operations of the agency. Among the activities included in this account are the agency’s request for: a systems modernization initiative; workforce transition; information

technology infrastructure; the New Markets program administration; and, an asset sales financial advisor. Of these, the Committee

recommends funding $8,000,000 for the SBA’s systems modernization initiative. The Committee has, in past years, provided

$24,000,000 for this purpose.

The Committee is concerned about reports from the General Accounting Office (GAO) that the SBA plans to undertake a prototype

development without the completion of the necessary systems anal-
175

ysis. The Committee is concerned that this lack of planning greatly

increases the risk to the success of the project. Not later than December 31, 2000, the SBA is directed to submit a plan, in accordance with section 605 of this Act, for the expenditure of these

funds, including evidence that the agency has completed, to the

satisfaction of GAO, the eight planning steps set forth in the Small

Business Reauthorization Act of 1997.

The Committee recommendation does not include funding for

workforce transition. The agency has not completed a workforce

transition plan, and the Committee sees no utility in funding this

request until a coherent plan has been developed and Congress has

had the opportunity to review it. The Committee recommendation

includes requested language authorizing $3,500 for official reception and representation expenses and language authorizing SBA to

charge fees to cover the cost of publications and certain loan servicing activities. The Committee assumes SBA will offset its operations in fiscal year 2001 by collecting $3,000,000 in fees. In addition, the Committee expects SBA to transfer funds from the business loan and disaster loan programs, a total of $162,000,000, to

cover the salaries and expenses associated with those programs.

With the combination of these funds, the agency has $308,475,000

available for the administrative operations of the agency in fiscal

year 2001.

NON-CREDIT BUSINESS ASSISTANCE PROGRAMS

Appropriations, 2000 ............................................................................. ...........................

Budget estimate, 2001 ........................................................................... $256,050,000

House allowance .................................................................................... ...........................

Committee recommendation ................................................................. 153,690,000

For SBA’s non-credit business assistance programs, the Committee recommends a total of $153,690,000. This amount is

$102,360,000 below the fiscal year 2001 request. The Committee

recommends the following amounts for these programs:

Small Business Development Centers ................................................. $90,000,000

USEAC Program .................................................................................... 3,100,000

Business LINC ....................................................................................... 1,500,000

SCORE .................................................................................................... 4,000,000

BICs ........................................................................................................ 500,000

Women’s Business Centers ................................................................... 9,000,000

Women’s Council .................................................................................... 600,000

WOBE Census ........................................................................................ 790,000

7(j) Technical Assistance ....................................................................... 5,000,000

One Stop Capital Shops ........................................................................ 3,100,000

Advocacy Research/Database ................................................................ 1,100,000

Microloan Technical Assistance ............................................................ 10,000,000

Veteran’s Outreach ................................................................................ 4,000,000

Pro-Net ................................................................................................... 500,000

Regulatory Fairness Board ................................................................... 500,000

SBIR Technical Assistance ................................................................... 5,000,000

HubZone Progam ................................................................................... 5,000,000

PRIME Technical Assistance ................................................................ 10,000,000

The Committee believes the Small Business Development Centers (SBDCs) provide useful services to small businesses nationwide. The Committee, however, is concerned that there is an expectation that Federal funds for these centers will continue to increase

annually. The original law creating the SBDCs envisioned ever-increasing funding from outside the Federal sector to permit the cen-
176

ters to grow. Most SBDCs raise significant funds from the private

sector as well as State and local governments. The Federal share

of funding for SBDCs is not likely to grow as dramatically as in

previous years, and the SBDC community must consider this possibility in planning for the future.

The Committee has provided funding of $10,000,000 for each of

the Microloan and PRIME technical assistance programs. The

Committee believes the PRIME program has great promise for providing assistance to the entrepreneurs who have no access to capital and has a training component for assisting these small businesses which is missing in some of the other SBA assistance programs.

A concern about the Small Business Innovation Research (SBIR)

program has been the geographic concentration of awards. This

issue was most recently highlighted in a GAO report released on

June 4, 1999, which found that companies in one-third of the

States received 85 percent of the SBIR awards from fiscal year

1993 through 1996. The Committee recommends $5,000,000 for the

Federal and State Technology Partnership Program to encourage

organizations in States to assist in the development of small hightechnology businesses. The Committee believes that increasing the

overall participation in the SBIR program by high-technology small

businesses will ultimately lead to an overall increase in the quality

of SBIR proposals and completed projects.

The Committee has provided the $4,000,000 requested for veterans’ outreach. The Committee directs that the $4,000,000 go to

the National Veterans’ Business Development Corporation, as authorized by Public Law 106–50.

The Committee funded the Women’s Business Centers program

at the fiscal year 2000 level. The Committee is concerned about a

General Accounting Office report from September 1999 about the

SBA’s management of the program, and believes expansion of the

program would be unwise until the agency improves its ability to

maintain complete and accurate financial data on the availability

and disbursement of funds to these centers. Semiannual financial

reports are required for all currently funded centers, and the GAO

found these reports missing in 11 of the 35 files they reviewed at

the SBA. The GAO found that there was a ‘‘lack of understanding

between the Office of Women’s Business Ownership and the Office

of Procurement and Grants Management regarding their responsibilities for the financial reports.’’ The GAO also conducted a report for the authorizing committees in September in response for

their request for information in anticipation of reauthorizing the

program. The GAO was unable to provide complete data for this report because of incomplete files maintained by the SBA on the program. The Committee expects the GAO to do a follow-up study for

fiscal years 1999 and 2000 to determine whether the agency has

improved its management of the program.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2000 ............................................................................. $11,000,000

Budget estimate, 2001 ........................................................................... 14,315,000

House allowance .................................................................................... 10,905,000

Committee recommendation ................................................................. 13,000,000
177

The Committee recommends $13,000,000 for the Office of Inspector General of the Small Business Administration. This amount is

an increase of $2,000,000 over current funding and $1,315,000

below the request. The Committee directs the Inspector General’s

office to continue the activities outlined in the fiscal year 2000 Senate report, and expects the office to report on its progress in reviewing and auditing the agency’s financial management systems.

The bill contains language making $500,000 available to the Inspector General’s office from funds made available to the disaster

loan program for its activities.

BUSINESS LOANS PROGRAM ACCOUNT

Appropriations, 2000 ............................................................................. $266,800,000

Budget estimate, 2001 ........................................................................... 328,355,000

House allowance .................................................................................... 269,300,000

Committee recommendation ................................................................. 296,200,000

The Committee recommends $296,200,000 for the business loans

program account including $130,800,000 for administrative expenses related to this account. The administrative expenses may be

transferred to and merged with SBA salaries and expenses to cover

the common overhead expenses associated with the business loan

programs.

The Committee recommendation funds the 7(a) loan program

subsidy budget authority at a level of $134,000,000, which is

$26,500,000 above the fiscal year 2000 appropriation and is

$8,600,000 below the request. The Committee’s recommendation

would support a 7(a) program level of $10,800,000,000, assuming a

subsidy rate in fiscal year 2001 of 1.24 percent. The Senate includes bill language requiring the SBA to submit a reprogramming

under section 605 if the agency wishes to exceed a program level

of $10,800,000,000. The recommendation includes $2,600,000 in

subsidy budget authority for the Microloan program, which will

support a program level of approximately $29,050,000 in fiscal year

2001, assuming a subsidy rate of 8.95 percent. There was no request for funds for the Microloan guarantee program, which is proposed to sunset at the end of fiscal year 2000. The administration

originally requested an appropriation for the Small Business Investment Company (SBIC) debentures program, but a subsequent

budget amendment submitted by the administration withdrew that

request. The Committee recommends providing $26,200,000 in subsidy budget authority for the SBIC participating securities program

in fiscal year 2001. This level will support a program level of

$2,000,000,000 assuming a subsidy rate of 1.31 percent. The Committee does not recommend funding for the New Market venture

capital program, since funds were made available in the fiscal year

2000 appropriation contingent on the authorization of this program. An authorization has not been enacted, thus further funding

is not recommended.

DISASTER LOANS PROGRAM ACCOUNT

Appropriations, 2000 ............................................................................. $276,400,000

Budget estimate, 2001 ........................................................................... 296,100,000

House allowance .................................................................................... 276,400,000

Committee recommendation ................................................................. 281,100,000
178

The Committee recommends a disaster loan program funding level of $281,100,000 for fiscal year 2001. Of this amount,

$142,100,000 is for direct loan subsidies, for a program level of

$871,134,000. The remaining $139,000,000 is made available for

administrative expenses for the program, and can be merged with

the agency’s salaries and expenses account.

The Committee notes that the disaster loans program expects to receive $10,000,000 in recoveries during fiscal year 2001, and the

Committee expects the agency to use all recovered funds in support

of the loan program.

ADMINISTRATIVE PROVISIONS

The Committee wishes to underscore the reprogramming requirements outlined in section 605. This recommendation includes an

administrative provision in the bill language, as in last year’s bill,

providing the authority to transfer funds between the Small Business Administration’s appropriations accounts. The language provides that no account may be decreased by more than 10 percent

or increased by more than 20 percent. The language also makes the

transfers subject to the Committee’s standard reprogramming procedures under section 605. In addition, a reprogramming notification is required in any proposed organization, whether or not funding transfers will be associated with the proposed reorganization.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

Appropriations, 2000 ............................................................................. $6,850,000

Budget estimate, 2001 ........................................................................... 6,850,000

House allowance .................................................................................... 4,500,000

Committee recommendation ................................................................. 6,850,000

The Committee recommends an appropriation of $6,850,000. This

is equal to the budget request. The Committee is aware that

$8,000,000 is available to the Institute from the ‘‘Courts of appeals,

district courts, and other judicial services’’ account.

The Institute was created in 1984 to further the development

and adoption of improved judicial administration in State courts.

This goal is to be reached by providing grants for programs which

(1) create a national program of assistance to assure a fair and effective system of justice, (2) foster coordination with the Federal

Judiciary in areas of mutual concern, (3) promote recognition of the

separation of powers, or (4) provide education to judges and support personnel through national organizations.
(179)

TITLE VI—GENERAL PROVISIONS

The Committee recommends the following general provisions for

the departments and agencies funded in the accompanying bill.

Section 601 prohibits any appropriation act from being used for

publicity or propaganda purposes not authorized by law.

Section 602 prohibits any appropriation contained in the act from

remaining available for obligation beyond the current year unless

expressly so provided.

Section 603 provides that the expenditure for any appropriation

contained in the act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection except where otherwise provided under existing law or

under existing Executive order issued pursuant to existing law.

Section 604 establishes new position within the Department of

Justice.

Section 605 stipulates Committee policy concerning the reprogramming of funds. Section 605(a) prohibits the reprogramming

of funds which: (1) create new programs; (2) eliminates a program,

project, or activity; (3) increases funds or personnel by any means

for any project or activity for which funds have been denied or restricted; (4) relocates offices or employees; (5) reorganizes offices,

programs, or activities; (6) contracts out or privatizes any function

or activity presently performed by Federal employees—unless the

Appropriations Committees of the House and Senate are notified

15 days in advance.

Section 605(b) prohibits a reprogramming of funds in excess of $500,000 or 10 percent, whichever is more, that (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from

any general savings due to a reduction in personnel which would

result in a change in existing programs, activities, or projects as

approved by Congress unless the Appropriations Committees of the

House and Senate are notified 15 days in advance.

Section 606 prohibits construction, repair, overhaul, conversion,

or modernization of NOAA ships outside of the United States.

Section 607 provides availability of funds for certain Commission

employees.

Section 608 prohibits funds in the bill from being used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion similar to proposed guidelines published by the EEOC in October 1993.

Section 609 limits the use of funds for diplomatic facilities in

Vietnam unless certain conditions are met.

Section 610 credits fees as offsetting collections.
180

Section 611 limits obligation rates in the last 2 months of the fiscal year.

Section 612 prohibits the use of funds to provide certain amenities and personal comforts in the Federal prison system.

Section 613 provides that any closing or downsizing costs incurred by a Department or agency funded under this act resulting

from funding reductions in the act shall be absorbed within the

budgetary resources available to the Department or agency. The

language also provides transfer of authority between appropriation

accounts to carry out the provision subject to the reprogramming

procedures outlined in section 605 of this act.

Section 614 limits the availability of pornography to Federal prisoners.

Section 615 prohibits funds from being used to issue a visa to

any alien involved in extrajudicial and political killings in Haiti.

Section 616 prohibits a user fee from being charged for background checks conducted pursuant to the Brady Handgun Control

Act of 1993 and prohibits implementation of a background check

system that does not require and result in the immediate destruction of certain information.

Section 617 addresses the allocation of funds under the bill to

certain National Estuarine Research Reserve Sanctuaries.

Section 618 addresses FCC interests in cases including insolvencies or receiverships.

Section 619 delays obligation of some receipts deposited into the

Crime Victim Fund.

Section 620 redefines the terms of employment for certain Justice

Department employees.

Section 621 ties visa issuance to cooperation on so-called ‘‘nonreturnables’’. Section 622 corrects various agencies’ misinterpretation of the

budget process.

Section 623 broadens the cap on medical costs to suspects in FBI

custody.

Section 624 establishes a permanent moratorium on hunting

Cook Inlet Beluga whales unless such hunting occurs under a comanagement agreement with the National Marine Fisheries Service (NMFS). The current moratorium expires on October 1, 2000.

Section 625 authorizes the Pacific Salmon Treaty and the Pacific

Salmon Recovery fund.

Section 626 prohibits the misuse of Social Security numbers.
(181)

TITLE VII—RESCISSIONS

DEPARTMENT OF JUSTICE

GENERAL PROVISIONS

(RESCISSION)

GENERAL ADMINISTRATION

WORKING CAPITOL FUND

(RESCISSION)

The Committee recommends a rescission of $76,698,000 from the

unobligated balances available in the ‘‘Working Capitol Fund’’.

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

The Committee recommends a rescission of $96,383,000 from the

unobligated balances available in the ‘‘Asset Forfeiture Fund’’.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

(RESCISSION)

The Committee recommends a rescission of $40,000,000 from the

unobligated balances available for the Information Sharing Initiative in the ‘‘Salaries and Expenses’’ account.

DRUG ENFORCEMENT ADMINISTRATION

DRUG DIVERSION CONTROL FEE ACCOUNT

(RESCISSION)

The Committee recommends a rescission of $8,000,000 from the

amounts otherwise available for obligation in fiscal year 2001 for

the ‘‘Drug Diversion Control Fee Account’’.
182

DEPARTMENT OF STATE AND RELATED AGENCIES

DEPARTMENT OF STATE

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

(RECISSION)

The Committee recommends a rescission of $212,744,000 from

the unobligated balances available in the ‘‘Contributions for International Peacekeeping Activities’’ account.
(183)

TITLE VIII—SOUTHWEST BORDER INITIATIVE

The Committee recommendations, by item or location, are displayed in the following table:

Southwest Border Initiative

[In thousands of dollars]

Committee

Recommendation

U.S. Marshals:

Courthouse Security Equipment:

Phoenix, AZ ........................................................................................ 200

Tucson, AZ ......................................................................................... 75

El Centro, CA .................................................................................... 200

Los Angeles, CA ................................................................................ 283

Oakland, CA ...................................................................................... 100

Riverside, CA ..................................................................................... 25

San Francisco, CA ............................................................................. 180

Albuquerque, NM .............................................................................. 200

Las Cruces, NM ................................................................................. 325

Brownsville, TX ................................................................................. 150

Del Rio, TX ........................................................................................ 550

El Paso, TX ........................................................................................ 595

Houston, TX ....................................................................................... 675

Laredo, TX ......................................................................................... 725

Tyler, TX ............................................................................................ 260

Waco, TX ............................................................................................ 725

Subtotal, Courthouse security equipment ................................... 5,268

Construction:

El Centro, CA .................................................................................... 350

Oakland, CA ...................................................................................... 400

San Francisco, CA ............................................................................. 150

Las Cruces, NM ................................................................................. 1,025

Del Rio, TX ........................................................................................ 1,200

El Paso, TX ........................................................................................ 1,300

Houston, TX ....................................................................................... 1,200

Subtotal, Construction .................................................................. 5,625

Justice Prisoner & Alien Transportation System: Large Body Aircraft ........................................................................................................ 52,000

Drug Enforcement Administration:

Twin-Engine Aircraft/Helicopter ............................................................. 10,500

Tucson, AZ–-Satellite Forensic Laboratory ............................................ 3,100

MERLIN Computer Workstations .......................................................... 3,300

Firebird Deployment ................................................................................ 3,800

EPIC Information System Enhancements .............................................. 1,800

Subtotal, DEA ....................................................................................... 22,500

Immigration & Naturalization Service: Equipment:

Border Patrol:

Light Helicopters ............................................................................... 36,111

Fiber Optic Scopes ............................................................................. 1,560

Hand-Held Searchlights ................................................................... 1,160
184

Committee

Recommendation

Vehicle Infrared Cameras ................................................................. 1,100

Global Positioning Systems .............................................................. 1,046

Infrared Scopes .................................................................................. 18,000

Night Vision Goggles ........................................................................ 1,108

Pocket Scopes ..................................................................................... 7,500

Subtotal, INS equipment .............................................................. 67,585

Immigration & Naturalization Service: Construction:

Border Patrol:

Douglas, AZ—Border Patrol Station ................................................ 12,000

El Paso, TX—Checkpoints ................................................................ 2,872

Laredo, TX—Checkpoints ................................................................. 5,341

Temecula, CA—Border Patrol Station ............................................. 9,373

Naco, AZ—Border Patrol Station ..................................................... 8,961

Presidio, TX—Border Patrol Station ............................................... 6,372

McAllen, TX—Border Patrol Station ............................................... 10,477

Fort Hancock, TX—Border Patrol Station ...................................... 4,939

Comstock, TX—Border Patrol Station ............................................. 5,000

Del Rio, TX—Checkpoints ................................................................ 5,273

Tucson, AZ—Border Patrol Station ................................................. 500

Sanderson, TX—Border Patrol Station ........................................... 3,880

El Centro, CA:

Border Patrol Sector Headquarters .......................................... 6,050

Border Patrol Station ................................................................ 6,000

Falfurrias, TX—Border Patrol Station ............................................ 4,905

Hebbronville, TX—Border Patrol Station ....................................... 3,688

Rio Grande City, TX—Border Patrol Station .................................. 4,420

Sierra Blanca, TX—Border Patrol Station ...................................... 2,486

Yuma, AZ—Border Patrol Sector Headquarters ............................. 2,000

Alpine, TX—Border Patrol Station .................................................. 1,252

Brownsville, TX—Border Patrol Station ......................................... 4,004

Chula Vista, CA—Border Patrol Station ......................................... 9,333

Santa Teresa, TX—Border Patrol Station ....................................... 800

Campo, CA—Border Patrol Station ................................................. 11,800

Detention & Deportation:

Krome, FL—Service Processing Center ........................................... 24,552

San Pedro, CA—Service Processing Center .................................... 4,630

El Centro, CA—Service Processing Center ..................................... 3,300

Aguadilla, PR—Service Processing Center ..................................... 6,600

Port Isabel, TX—Service Processing Center ................................... 10,400

Florence, AZ—Service Processing Center ....................................... 7,000

El Paso, TX—Service Processing Center ......................................... 7,000

Buffalo, NY—Federal Detention Center .......................................... 6,600

Stockton, TX—Service Processing Center ....................................... 52,200

Subtotal, INS construction ............................................................ 254,008

Judiciary:

Office Expansions, Relocations, Forced Moves, & Build-Outs .............. 4,392

CSOs, X-Ray Machines, Metal Detectors, & Radios .............................. 2,562

Subtotal, Judiciary ................................................................................ 6,954

Total, SWB initiative ............................................................................ 413,940

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2001.
(185)

COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE

STANDING RULES OF THE SENATE

Rule XVI, paragraph 7 requires that every report on a general

appropriation bill filed by the Committee must identify items of appropriation not made to carry out the provisions of an existing law,

a treaty stipulation, or an act or resolution previously passed by

the Senate during that session.

The following appropriations have not been authorized either in

whole or in part and fall under this rule:

Title I—Department of Justice: General administration, salaries

and expenses; administrative review and appeals, Office of the Inspector General; United States Parole Commission, salaries and expenses; general legal activities, salaries and expenses; National

Childhood Vaccine Injury Act; Antitrust Division, salaries and expenses; U.S. attorneys, salaries and expenses; Foreign Claims Settlement Commission; fees and expenses of witnesses; Federal Bureau of Investigation, salaries and expenses; Drug Enforcement Administration, salaries and expenses; Drug Enforcement Administration, construction; Immigration and Naturalization Service, salaries

and expenses; Federal Prison System, salaries and expenses; Federal Prison System, building and facilities; Federal Prison Industries, Inc.; limitation on administrative expenses; Federal Prison

Industries Inc.; juvenile justice programs; juvenile justice delinquency prevention; State and local law enforcement assistance

block grants; Weed and Seed Program; Missing Children’s Program; and Victims of Child Abuse Act Program.

Title II—Department of Commerce and related agencies: Office of

the U.S. Trade Representative, salaries and expenses; International Trade Commission, salaries and expenses; Export Administration, operations and administration; International Trade Administration, operations and administration; economic development

assistance programs; Patent and Trademark Office; National Institute of Standards and Technology, scientific and technical research

and services; NIST industrial technology services; NIST construction of research facilities; National Oceanic and Atmospheric Administration operations, research, and facilities; NOAA construction; and Minority Business Development Agency.

Title V—Related agencies: Department of Transportation; Maritime Administration, operations and training; Commission on Civil

Rights; Federal Communications Commission (except offsetting fee

collections); Legal Services Corporation; and Securities and Exchange Commission.

COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE

STANDING RULES OF THE SENATE

Pursuant to paragraph 7(c) of rule XXVI, the Committee ordered

reported en bloc, H.R. 4733, the fiscal year 2001 Energy and Water
186

Development Appropriations bill, and H.R. 4690, the Commerce,

Justice, State, and the Judiciary Appropriations bill, both subject

to amendment and subject to the section 302 budget allocation,

with the exception of an amendment repealing three provisions in

Public Law 106–246, by a recorded vote of 28–0, a quorum being

present. The vote was as follows:

Yeas Nays

Chairman Stevens

Mr. Cochran

Mr. Specter

Mr. Domenici

Mr. Bond

Mr. Gorton

Mr. McConnell

Mr. Burns

Mr. Shelby

Mr. Gregg

Mr. Bennett

Mr. Campbell

Mr. Craig

Mrs. Hutchison

Mr. Kyl

Mr. Byrd

Mr. Inouye

Mr. Hollings

Mr. Leahy

Mr. Lautenberg

Mr. Harkin

Ms. Mikulski

Mr. Reid

Mr. Kohl

Mrs. Murray

Mr. Dorgan

Mrs. Feinstein

Mr. Durbin

COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE

STANDING RULES OF THE SENATE

Paragraph 12 of the rule XXVI requires that Committee reports

on a bill or joint resolution repealing or amending any statute or

part of any statute include ‘‘(a) the text of the statute or part thereof which is proposed to be repealed; and (b) a comparative print of

that part of the bill or joint resolution making the amendment and

of the statute or part thereof proposed to be amended, showing by

stricken-through type and italics, parallel columns, or other appropriate typographical devices the omissions and insertions which

would be made by the bill or joint resolution if enacted in the form

recommended by the committee.’’

In compliance with this rule, the following changes in existing

law proposed to be made by this bill are shown as follows: existing

law to be omitted is enclosed in black brackets; new matter is

printed in italic; and existing law in which no change is proposed

is shown in roman.
187

TITLE 5—GOVERNMENT ORGANIZATION AND

EMPLOYEES

* * * * * * *

PART III—EMPLOYEES

* * * * * * *

Subpart B—Employment and Retention

* * * * * * *

CHAPTER 31—AUTHORITY FOR EMPLOYMENT

* * * * * * *

SUBCHAPTER II—THE SENIOR EXECUTIVE SERVICE

* * * * * * *

§ 3132. Definitions and exclusions

(a) * * *

* * * * * * *

(A) * * *

* * * * * * *

(C) the Federal Election Commission; øor¿

(D) the Office of the Comptroller of the Currency, the

Office of Thrift Supervision, the Federal Housing Finance

Board, the Resolution Trust Corporation, the Farm Credit

Administration, the Office of Federal Housing Enterprise

Oversight of the Department of Housing and Urban Development, and the National Credit Union Administration; or

(E) the Securities and Exchange Commission.

* * * * * * *

Subpart D—Pay and Allowances

* * * * * * *

CHAPTER 53—PAY RATES AND SYSTEMS

* * * * * * *

SUBCHAPTER VII—MISCELLANEOUS PROVISIONS

* * * * * * *

§ 5373. Limitation on pay fixed by administrative action

(a) * * *

(1) * * *

(2) section 831b of title 16; øor¿

(3) sections 403a–403c, 403e–403h, and 403j of title 50ø.¿

; or

(4) section 4(b) of the Securities Exchange Act of 1934.

* * * * * * *
188

TITLE 5—APPENDIX

* * * * * * *

ETHICS IN GOVERNMENT ACT OF 1978

* * * * * * *

TITLE V—GOVERNMENT-WIDE LIMITATIONS ON OUTSIDE

EARNED INCOME AND EMPLOYMENT

SEC. 501. OUTSIDE EARNED INCOME LIMITATION

(a) OUTSIDE EARNED INCOME LIMITATION.— (1) Except as provided by paragraph (2), a Member or an

officer or employee who is a noncareer officer or employee and

who occupies a position classified above GS–15 of the General

Schedule or, in the case of positions not under the General

Schedule, for which the rate of basic pay is equal to or greater

than 120 percent of the minimum rate of basic pay payable for

GS–15 of the General Schedule, may not in any calendar year

have outside earned income attributable to such calendar year

which exceeds 15 percent of the annual rate of basic pay for

level II of the Executive Schedule under section 5313 of title

5, United States Code, as of January 1 of such calendar year.

(2) In the case of any individual who during a calendar

year becomes a Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of

basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General

Schedule, such individual may not have outside earned income

attributable to the portion of that calendar year which occurs

after such individual becomes a Member or such an officer or

employee which exceeds 15 percent of the annual rate of basic

pay for level II of the Executive Schedule under section 5313

of title 5, United States Code, as of January 1 of such calendar

year multiplied by a fraction the numerator of which is the

number of days such individual is a Member or such officer or

employee during such calendar year and the denominator of

which is 365.

(3) Honorarium shall not be included in outside earned income.

(b) HONORARIA PROHIBITION.—An individual may not receive

any honorarium while that individual is a Member, officer or employee. This subsection shall not apply to any individual while that

individual is a justice or judge of the United States.

(c) TREATMENT OF CHARITABLE CONTRIBUTIONS.—

(1) Any honorarium which, except for subsection (b), might

be paid to a Member, officer or employee, but which is paid instead on behalf of such Member, officer or employee to a charitable organization, shall be deemed not to be received by such

Member, officer or employee. No such payment shall exceed

$2,000 or be made to a charitable organization from which

such individual or a parent, sibling, spouse, child, or dependent

relative of such individual derives any financial benefit.
189

‘‘(2) Notwithstanding paragraph (1), any honorarium

which might be paid to a justice or judge of the United States

but which is paid instead on behalf of such justice or judge to

a charitable organization, shall be deemed not to be received by

such justice or judge. No such payment shall be made to a charitable organization from which the justice or judge or a parent,

sibling, spouse, child, or dependent relative of such justice or

judge derives any financial benefit.’’

* * * * * * *

TITLE 12—BANKS AND BANKING

* * * * * * *

CHAPTER 16—FEDERAL DEPOSIT INSURANCE

CORPORATION

* * * * * * *

§ 1833b. Comparability in compensation schedules

(a) IN GENERAL.—The Federal Deposit Insurance Corporation,

the Comptroller of the Currency, the National Credit Union Administration Board, the Federal Housing Finance Board, øthe Thrift

Depositor Protection Oversight Board of the Resolution Trust Corporation,¿ the Farm Credit Administration, and the Office of Thrift

Supervision, in establishing and adjusting schedules of compensation and benefits which are to be determined solely by each agency

under applicable provisions of law, shall inform the heads of the

other agencies and the Congress of such compensation and benefits

and shall seek to maintain comparability regarding compensation

and benefits.

(b) In establishing and adjusting schedules of compensation

and additional benefits for employees of the Securities and Exchange Commission, which are to be determined solely by the Commission under applicable provisions of law, the Commission shall

inform the heads of the agencies referred to under subsection (a)

and Congress of such compensation and benefits, and shall seek to

maintain comparability with such agencies regarding compensation

and benefits.

* * * * * * *

TITLE 15—COMMERCE AND TRADE

CHAPTER 1—MONOPOLIES AND COMBINATIONS IN

RESTRAINT OF TRADE

* * * * * * *

§ 18a. Premerger notification and waiting period

(a) * * *

* * * * * * *

(3) * * *

* * * * * * *

(A) * * *
190

(B) an aggregate total amount of the voting securities

and assets of the acquired person in excess of

ø$15,000,000¿ $50,000,000.

* * * * * * *

ASSESSMENT AND COLLECTION OF FILING FEES

Pub. L. 101–162, title VI, Sec. 605, Nov. 21, 1989, 103 Stat. 1031,

as amended by Pub. L. 101–302, title II, May 25, 1990, 104 Stat.

217; Pub. L. 102–395, title I, Oct. 6, 1992, 106 Stat. 1847; Pub. L.

103–317, title I, Aug. 26, 1994, 108 Stat. 1739, provided that: ‘‘Five

working days after enactment of this Act [Nov. 21, 1989] and thereafter, the Federal Trade Commission shall assess and collect filing

fees established at ø$45,000 which¿ (a) $45,000, if as a result of the

acquisition, the acquiring person would hold an aggregate total

amount of the voting securities and assets of the acquired person in

excess of $35,000,000 but not exceeding $99,999,999; (b) $100,000,

if as a result of the acquisition, the acquiring person would hold an

aggregate total amount of the voting securities and assets of the acquired person equal to or in excess of $100,000,000 but not exceeding $199,999,999; or (c) $200,000, if as a result of the acquisition,

the acquiring person would hold an aggregate total amount of the

voting securities and assets of the acquired person equal to or in excess of $200,000,000. Such fees shall be paid by persons acquiring

voting securities or assets who are required to file premerger notifications by the Hart-Scott-Rodino Antitrust Improvements Act of

1976 (15 U.S.C. 18a) and the regulations promulgated thereunder.

For purposes of said Act, no notification shall be considered filed

until payment of the fee required by this section. Any misrepresentation of the aggregate total amount of the voting securities and assets to be held as a result of the acquisition would subject the acquiring person to civil penalties and any other appropriate remedy

as provided for under 15 U.S.C. section 18(a)(g). Fees collected pursuant to this section shall be divided evenly between and credited

to the appropriations, Federal Trade Commission, ‘Salaries and Expenses’ and Department of Justice, ‘Salaries and Expenses, Antitrust Division’: Provided, That fees in excess of $40,000,000 in fiscal year 1990 shall be deposited to the credit of the Treasury of the

United States: Provided further, That fees made available to the

Federal Trade Commission and the Antitrust Division herein shall

remain available until expended.’’

* * * * * * *

CHAPTER 2B—SECURITIES EXCHANGES

* * * * * * *

§ 78d. Securities and Exchange Commission

(a) * * *

* * * * * * *

(b) Appointment and compensation of staff and leasing

authority

ø(1) Appointment and compensation
191

øThe Commission is authorized to appoint and fix the compensation of such officers, attorneys, examiners, and other experts as

may be necessary for carrying out its functions under this chapter,

and the Commission may, subject to the civil-service laws, appoint

such other officers and employees as are necessary in the execution

of its functions and fix their salaries in accordance with chapter 51

and subchapter III of chapter 53 of title 5.

ø(2) Economists

ø(A) Commission authority

Notwithstanding the provisions of chapter 51 of title 5, the

Commission is authorized—

ø(i) to establish its own criteria for the selection of such

professional economists as the Commission deems necessary to carry out the work of the Commission;

(ii) to appoint directly such professional economists as

the Commission deems qualified; and

(iii) to fix and adjust the compensation of any professional economist appointed under this paragraph, without

regard to the provisions of chapter 54 of title 5, or subchapters II, III, or VIII of chapter 53, of title 5.

ø(B) Limitation on compensation

øNo base compensation fixed for an economist under this

paragraph may exceed the pay for Level IV of the Executive

Schedule, and no payments to an economist appointed under

this paragraph shall exceed the limitation on certain payments

in section 5307 of title 5.

ø(C) Other benefits

øAll professional economists appointed under this paragraph

shall remain within the existing civil service system with respect to employee benefits.¿

(1)(A) The Commission may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other

employees as may be necessary for carrying out its functions

under this Act.

(B) Rates of basic pay for all employees of the Commission

may be set and adjusted by the Commission without regard to

the provisions of chapter 51 or subchapter III of chapter 53 of

title 5, United States Code.

(C) The Commission may provide additional compensation

and benefits to employees of the Commission if the same type

of compensation or benefits are then being provided by any

agency referred to under section 1206(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12

U.S.C. 1833b(a)), or, if not then being provided, could be provided by such an agency under applicable provisions of law,

rule, or regulation.

(D) In setting and adjusting the total amount of compensation and additional benefits for employees, the Commission

shall consult with, and seek to maintain comparability with,

the agencies referred to under section 1206(a) of the Financial

Institutions Reform, Recovery, and Enforcement Act of 1989 (12

U.S.C. 1833b).
192

ø(3)¿ (2) Leasing authority

Nothwithstanding any other provision of law, the Commission is authorized to enter directly into leases for real property

for office, meeting, storage, and such other space as is necessary to carry out its functions, and shall be exempt from any

General Services Administration space management regulations or directives.

* * * * * * *

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

* * * * * * *

PART III—PRISONS AND PRISONERS

* * * * * * *

CHAPTER 301—GENERAL PROVISIONS

* * * * * * *

§ 4006. Subsistence for prisoners

(a) In general.—The Attorney General shall allow and pay

only the reasonable and actual cost of the subsistence of prisoners

in the custody of any marshal of the United States, and shall prescribe such regulations for the government of the marshals as will

enable him to determine the actual and reasonable expenses incurred.

(b) Health care items and services.—

(1) In general.—Payment for costs incurred for the provision of health care items and services for individuals in the

custody of the United States Marshals Service, the Federal Bureau of Investigation and the Immigration and Naturalization

Service shall not exceed the lesser of the amount that would

be paid for the provision of similar health care items and services under—

(A) the medicare program under title XVIII of the Social Security Act; or

(B) the medicaid program under title XIX of such Act

of the State in which the services were provided.

(2) Full and final payment.— Any payment for a health

care item or service made pursuant to this subsection, shall be

deemed to be full and final payment.

* * * * * * *

TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE

* * * * * * *

PART II—DEPARTMENT OF JUSTICE

* * * * * * *

CHAPTER 31—THE ATTORNEY GENERAL

* * * * * * *
193

§ 504. Deputy øAttorney¿ Attorneys General

The President may appoint, by and with the advice and consent

of the Senate, a Deputy Attorney General and a Deputy Attorney

General for Combating Domestic Terrorism.

* * * * * * *

TITLE 42—THE PUBLIC HEALTH AND WELFARE

* * * * * * *

CHAPTER 72—JUVENILE JUSTICE AND DELINQUENCY

PREVENTION

* * * * * * *

SUBCHAPTER II—PROGRAMS AND OFFICES

* * * * * * *

PART B—FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS

* * * * * * *

§ 5633. State plans

(a) Requirements

* * * * * * *

(1) * * *

* * * * * * *

(14) provide that no juvenile shall be detained or confined in

any jail or lockup for adults, except that the Administrator

shall, through 1997, promulgate regulations which make exceptions with regard to the detention of juveniles accused of nonstatus offenses who are awaiting an initial court appearance

pursuant to an enforceable State law requiring such appearances within øtwenty-four¿ 48 hours after being taken into

custody (excluding weekends and holidays) provided that such

exceptions are limited to areas that are in compliance with

paragraph (13) and—

* * * * * * *

CHAPTER 112—VICTIM COMPENSATION AND

ASSISTANCE

* * * * * * *

§ 10601. Crime Victims Fund

(a) * * *

* * * * * * *

(d) * * *

* * * * * * *

(3) Of the sums remaining in the Fund in any particular fiscal year after compliance with paragraph (2), such sums as

may be necessary shall be available for the United States Attorneys Offices and the Federal Bureau of Investigation to im-
194

prove services for the benefit of crime victims in the Federal

criminal justice system.

* * * * * * *

COMMUNICATIONS ACT OF 1934

* * * * * * *

SEC. 309. APPLICATION FOR LICENSE.

(a) * * *

* * * * * * *

(j) USE OF COMPETITIVE BIDDING.— (1) GENERAL AUTHORITY.—

* * * * * * *

(8) TREATMENT OF REVENUES.— (A) * * *

* * * * * * *

(C) * * *

(D) PROTECTION OF INTERESTS.— (i) Title 11, United States Code, or any otherwise

applicable Federal or state law regarding insolvencies

or receiverships, or any succeeding Federal law not expressly in derogation of this subsection, shall not apply

to or be construed to apply to the Commission or limit

the rights, powers, or duties of the Commission with respect to (a) a license or permit issued by the Commission under this subsection or a payment made to or a

debt or other obligation owed to the Commission relating to or rising from such a license or permit, (b) an

interest of the Commission in property securing such a

debt or other obligation, or (c) an act by the Commission to issue, deny, cancel, or transfer control of such

a license or permit.

(ii) Notwithstanding otherwise applicable law, the

Commission shall be deemed to have a perfected, first

priority security interest in a license or construction

permit issued by the Commission under this subsection

and the proceeds of such a license or permit for which

a debt or other obligation is owed to the Commission

under this subsection.

(iii) This paragraph shall apply retroactively, including to pending cases and proceedings whether on

appeal or otherwise.

* * * * * * *

IMMIGRATION AND NATIONALITY ACT

* * * * * * *

SEC. 245. (a) * * *

* * * * * * *

(i)(1) øNotwithstanding the provisions of subsections (a) and (c)

of this section, an alien physically present in the United States— ø(A) who—
195

ø(i) entered the United States without inspection; or

ø(ii) is within one of the classes enumerated in subsection (c) of this section; and

ø(B) who is the beneficiary (including a spouse or child of

the principal alien, if eligible to receive a visa under section

203(d)) of—

ø(i) a petition for classification under section 204 that

was filed with the Attorney General on or before January

14, 1998; or

ø(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations

of the Secretary of Labor on or before such date;

ømay apply to the Attorney General for the adjustment of his or

her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if

the alien remits with such application a sum equalling $1,000 as

of the date of receipt of the application, but such sum shall not be

required from a child under the age of seventeen, or an alien who

is the spouse or unmarried child of an individual who obtained

temporary or permanent resident status under section 210 or 245A

of the Immigration and Nationality Act or section 202 of the Immigration Reform and Control Act of 1986 at any date, who—

ø(i) as of May 5, 1988, was the unmarried child or spouse

of the individual who obtained temporary or permanent resident status under section 210 or 245A of the Immigration and

Nationality Act or section 202 of the Immigration Reform and

Control Act of 1986;

ø(ii) entered the United States before May 5, 1988, resided

in the United States on May 5, 1988, and is not a lawful permanent resident; and

ø(iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section.¿

Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who—

(A) entered the United States without inspection; or

(B) is within one of the classes enumerated in subsection (c) of this section, may apply to the Attorney General for the adjustment of his or her status to that of an

alien lawfully admitted for permanent residence.

(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to

that of an alien lawfully admitted for permanent residence if—

(A) the alien is eligible to receive an immigrant visa and

is admissible to the United States for permanent residence;

and

(B) an immigrant visa is immediately available to the alien

at the time the application is filed.

(3)(A) The portion of each application fee (not to exceed $200)

that the Attorney General determines is required to process an application under this section and is remitted to the Attorney General

pursuant to paragraphs (1) and (2) of this subsection shall be dis-
196

posed of by the Attorney General as provided in subsections (m),

(n), and (o) of section 286.

ø(B) Any remaining portion of such fees remitted under such

paragraphs shall be deposited by the Attorney General into the

Breached Bond/Detention Fund established under section 286(r).¿

(B) One-half of any remaining portion of such fees remitted

under such paragraphs shall be deposited by the Attorney General

into the Immigration Examination Fee Account established under

section 286(m), and one-half of any remaining portion of such fees

shall be deposited by the Attorney General into the Breached Bond/

Detention Fund established under section 286(r).

* * * * * * *

SOCIAL SECURITY ACT

TITLE XI—GENERAL PROVISIONS, PEER REVIEW, AND

ADMINISTRATIVE SIMPLIFICATION

* * * * * * *

SEC. 1150. * * *

* * * * * * *

PROHIBITION OF CERTAIN MISUSES OF THE SOCIAL SECURITY NUMBER

SEC. 1150A. (a) LIMITATION ON DISPLAY.—Except as otherwise

provided in this section, no person may display to the public any

individual’s social security number, or any identifiable derivative of

such number, without the affirmatively expressed consent, electronically or in writing, of such individual.

(b) PROHIBITION OF WRONGFUL USE AS PERSONAL IDENTIFICA- TION NUMBER.—No person may obtain any individual’s social security number, or any identifiable derivative of such number, for purposes of locating or identifying an individual with the intent to

physically injure, harm, or use the identity of the individual for illegal purposes.

(c) PREREQUISITES FOR CONSENT.—In order for consent to exist

under subsection (a), the person displaying, or seeking to display,

an individual’s social security number, or any identifiable derivative of such number, shall— (1) inform the individual of the general purposes for which

the number will be utilized and the types of persons to whom

the number may be available; and

(2) obtain affirmatively expressed consent electronically or

in writing.

(d) EXCEPTIONS.—Except as set forth in subsection (b), nothing

in this section shall be construed to—

(1) prohibit any use of social security numbers permitted or

required under section 205(c)(2), section 7(a)(2) of the Privacy

Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), section 6109(d)

of the Internal Revenue Code of 1986, the Fair Credit Reporting

Act (15 U.S.C. 1681 et seq.), or the Gramm-Leach-Bliley Act

(Public Law 106–102; 113 Stat. 1338);

(2) prohibit or limit the use of a social security number for

purposes of retrieval of other information by professional and

commercial users who appropriately use the information in the
197

normal course and scope of their business or profession so long

as such number (or any identifiable derivative of such number)

is not displayed to the public;

(3) prohibit or limit the use of the social security number

for purposes of law enforcement, including investigation of

fraud or as required under subchapter II of chapter 53 of title

31, United States Code, and chapter 2 of title I of Public Law

91–508 (12 U.S.C. 1951-1959); or

(4) prohibit or limit the use of a social security number obtained from a public record or document lawfully acquired from

a governmental agency.

(e) CIVIL ACTION IN UNITED STATES DISTRICT COURT; DAM- AGES; ATTORNEYS FEES AND COSTS; REGULATORY COORDINATION.— (1) IN GENERAL.—Any individual aggrieved by any act of

any person in violation of this section may bring a civil action

in a United States district court to recover— (A) such preliminary and equitable relief as the court

determines to be appropriate; and

(B) the greater of— (i) actual damages;

(ii) liquidated damages of $2,500; or

(iii) in the case of a violation that was willful and

resulted in profit or monetary gain, liquidated damages of $10,000.

(2) ATTORNEY’S FEES AND COSTS.—In the case of a civil action brought under paragraph (1)(B)(iii) in which the aggrieved

individual has substantially prevailed, the court may assess

against the respondent a reasonable attorney’s fee and other

litigation costs and expenses (including expert fees) reasonably

incurred.

(3) STATUTE OF LIMITATIONS.—No action may be commenced under this subsection more than 3 years after the date

on which the violation was or should reasonably have been discovered by the aggrieved individual.

(4) NONEXCLUSIVE REMEDY.—The remedy provided under

this subsection shall be in addition to any other lawful remedy

available to the individual.

(f) CIVIL MONEY PENALTIES.— (1) IN GENERAL.—Any person who the Commissioner of Social Security determines has violated this section shall be subject, in addition to any other penalties that may be prescribed

by law, to—

(A) a civil money penalty of not more than $5,000 for

each such violation, and

(B) a civil money penalty of not more than $50,000, if

violations have occurred with such frequency as to constitute a general business practice.

(2) DETERMINATION OF VIOLATIONS.— Any willful violation

committed contemporaneously with respect to the social security

numbers of 2 or more individuals by means of mail, telecommunication, or otherwise shall be treated as a separate violation with respect to each such individual.

(3) ENFORCEMENT PROCEDURES.—The provisions of section

1128A (other than subsections (a), (b), (f), (h), (i), (j), and (m),
198

and the first sentence of subsection (c)) and the provisions of

subsections (d) and (e) of section 205 shall apply to civil money

penalties under this subsection in the same manner as such

provisions apply to a penalty or proceeding under section

1128A(a), except that, for purposes of this paragraph, any reference in section 1128A to the Secretary shall be deemed a reference to the Commissioner of Social Security.

(4) COORDINATION WITH CRIMINAL ENFORCEMENT.—The

Commissioner of Social Security shall take such actions as are

necessary and appropriate to ensure proper coordination of the

enforcement of the provisions of this section with criminal enforcement under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents). The Commissioner shall enter into cooperative arrangements with the Federal Trade Commission under

section 5 of the Identity Theft and Assumption Deterrence Act

of 1998 (18 U.S.C. 1028 note) for purposes of achieving such coordination.

(g) LIMITATION ON REGULATION BY STATES.—No requirement or

prohibition may be imposed under the laws of any State with respect to any subject matter regulated under this section.

(h) DEFINITION.—In this section, the term ‘‘display to the public’’ means the intentional placing of an individual’s social security

number, or identifying portion thereof, in a viewable manner on a

web site that makes such information available to the public, or otherwise intentionally communicating an individual’s social security

number, or an identifying portion thereof, to the public.

* * * * * * *

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE,

THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1994, PUBLIC LAW 103–121

AN ACT making appropriations for the Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies for the fiscal year ending September

30, 1994 and for other purposes.

TITLE I—DEPARTMENT OF JUSTICE AND RELATED

AGENCIES

* * * * * * *

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

* * * * * * *

SEC. 108. Notwithstanding 31 U.S.C. 3302 or any other statute

affecting the crediting of collections, the Attorney General may

credit, as an offsetting collection, to the Department of Justice

Working Capital Fund, for fiscal year 1994 and thereafter, up to

three percent of all amounts collected pursuant to civil debt collection litigation activities of the Department of Justice, except that,

for fiscal year 2001 and thereafter, the Attorney General may credit

up to six percent of all amounts collected. Such amounts in the

Working Capital Fund shall remain available until expended and

shall be subject to the terms and conditions of that fund, and shall

be used øonly¿ first for paying the costs of processing and tracking
199

such litigation, and thereafter for other personnel, administrative,

and litigation expenses of civil debt collection litigation activities.

* * * * * * *

OMNIBUS CONSOLIDATED APPROPRIATIONS ACT, 1997,

PUBLIC LAW 104–208

DIVISION C—ILLEGAL IMMIGRATION

REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996

* * * * * * *

øSEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

ø(a) SYSTEM.—Not later than 2 years after the date of the enactment of this Act, the Attorney General shall develop an automated

entry and exit control system that will—

ø(1) collect a record of departure for every alien departing

the United States and match the records of departure with the

record of the alien’s arrival in the United States; and

ø(2) enable the Attorney General to identify, through on-line

searching procedures, lawfully admitted nonimmigrants who

remain in the United States beyond the period authorized by

the Attorney General.

ø(b) REPORT.—

ø(1) DEADLINE.—Not later than December 31 of each year

following the development of the system under subsection (a),

the Attorney General shall submit an annual report to the

Committees on the Judiciary of the House of Representatives

and of the Senate on such system.

ø(2) INFORMATION.—The report shall include the following

information:

ø(A) The number of departure records collected, with an

accounting by country of nationality of the departing alien.

ø(B) The number of departure records that were successfully matched to records of the alien’s prior arrival in the

United States, with an accounting by the alien’s country of

nationality and by the alien’s classification as an immigrant or nonimmigrant.

ø(C) The number of aliens who arrived as nonimmigrants, or as a visitor under the visa waiver program

under section 217 of the Immigration and Nationality Act,

for whom no matching departure record has been obtained

through the system or through other means as of the end

of the alien’s authorized period of stay, with an accounting

by the alien’s country of nationality and date of arrival in

the United States.

ø(c) USE OF INFORMATION ON OVERSTAYS.—Information regarding

aliens who have remained in the United Staty beyond their authorized period of stay identified through the system shall be integrated into appropriate data bases of the Immigration and Natu-
200

ralization Service and the Department of State, including those

used at ports of entry and at consular offices.¿

* * * * * * *

øSEC. 641. (a) SECTION 1—AUTHORIZATION OF APPROPRIA- TIONS.—Section 8(a)(1) of the Whistleblower Protection Act of 1989

(5 U.S.C. 5509 note, Public Law 101–12, April 10, 1989, 103 Stat.

34, as amended Public Law 103–424, Section 1, October 29, 1994,

108 Stat. 4361), is amended by striking the words: ‘‘1993, 1994,

1995, 1996, and 1997,’’ and inserting in lieu thereof ‘‘1998, 1999,

2000, 2001, and 2002’’. ø(b) SECTION 2—EFFECTIVE DATE.—This Act shall take effect

on October 1, 1998.¿

* * * * * * *

1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

ACT, PUBLIC LAW 106–31

TITLE I—EMERGENCY SUPPLEMENTAL APPROPRIATIONS

* * * * * * *

TITLE III—SUPPLEMENTAL APPROPRIATIONS

* * * * * * *

CHAPTER 11

GENERAL PROVISIONS, THIS TITLE

* * * * * * *

SEC. 3022. Notwithstanding any other provision of law, the

taking of a Cook Inlet beluga whale under the exemption provided

in section 101(b) of the Marine Mammal Protection Act (16 U.S.C.

1371(a)) øbetween the date of the enactment of this Act and October 1, 2000,¿ shall be considered a violation of such Act unless such

taking occurs pursuant to a cooperative agreement between the National Marine Fisheries Service and affected Alaska Native organizations.

* * * * * * *

DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1999,

PUBLIC LAW 106–113

DIVISION A

* * * * * * *

APPENDIX A—H.R. 3421

* * * * * * *

TITLE VI—GENERAL PROVISIONS

* * * * * * *

SEC. 623. (a) NORTHERN FUND AND SOUTHERN FUND.—

(1) As provided in the June 30, 1999, Agreement of the

United States and Canada on the Treaty Between the Govern-
201

ment of the United States and the Government of Canada Concerning Pacific Salmon, 1985 (hereafter referred to as the

‘‘1999 Pacific Salmon Treaty Agreement’’) there are hereby established a Northern Boundary and Transboundary Rivers

Restoration and Enhancement Fund (hereafter referred to as

the ‘‘Northern Fund’’) and a Southern Boundary Restoration

and Enhancement Fund (hereafter referred to as the ‘‘Southern

Fund’’) to be held by the Pacific Salmon Commission. The

Northern Fund and Southern Fund shall be invested in interest bearing accounts, bonds, securities, or other investments in

order to achieve the highest annual yield consistent with protecting the principal of each Fund. øThe Northern Fund and

Southern Fund shall each receive $10,000,000, of the amounts

authorized by this section.¿ Income from investments made

pursuant to this paragraph shall be available until expended,

without appropriation or fiscal year limitation, for programs

and activities relating to salmon restoration and enhancement,

salmon research, the conservation of salmon habitat, and implementation of the Pacific Salmon Treaty and related agreements. Amounts provided by grants under this subsection may

be held in interest bearing accounts prior to the disbursement

of such funds for program purposes, and any interest earned

may be retained for program purposes without further appropriation. The Northern Fund and Southern Fund are subject to

the laws governing Federal appropriations and funds and to

unrestricted circulars of the Office of Management and Budget.

Recipients of amounts from either Fund shall keep separate accounts and such records as are reasonably necessary to disclose

the use of the funds as well as to facilitate effective audits.

* * * * * * *

ø(d) AUTHORIZATION OF APPROPRIATIONS.—

ø(1) For capitalizing the Northern Fund and the Southern

Fund, there is authorized to be appropriated in fiscal year

2000, $20,000,000.

ø(2) For salmon habitat restoration, salmon stock enhancement, salmon research, and implementation of the 1999 Pacific

Salmon Treaty Agreement and related agreements, there is authorized to be appropriated in fiscal year 2000, $50,000,000 to

the States of California, Oregon, Washington, and Alaska. The

State of Alaska may allocate a portion of any funds it receives

under this subsection to eligible activities outside Alaska.

ø(3) For salmon habitat restoration, salmon stock enhancement, salmon research, and implementation of the 1999 Pacific

Salmon Treaty Agreement and related agreements, there is authorized to be appropriated $6,000,000 in fiscal year 2000 to

the Pacific Coastal tribes (as defined by the Secretary of Commerce) and $2,000,000 in fiscal year 2000 to the Columbia

River tribes (as defined by the Secretary of Commerce).¿

‘‘(d)(1) PACIFIC SALMON TREATY.—

‘‘(A) For capitalizing the Northern Fund there is authorized

to be appropriated in fiscal years 2000, 2001, 2002, and 2003

a total of $75,000,000.
202

‘‘(B) For capitalizing the Southern Fund there is authorized

to be appropriated in fiscal years 2000, 2001, 2002, and 2003

a total of $65,000,000. ‘‘(C) To permanently retire commercial salmon permits pursuant to the 1999 Pacific Salmon Treaty Agreement, there is

authorized to be appropriated in fiscal years 2000, 2001, and

2002 a total of $30,000,000.

‘‘(2) PACIFIC COASTAL SALMON RECOVERY.— ‘‘(A) For salmon habitat restoration, salmon stock enhancement, and salmon research, including the construction of salmon research and related facilities, there is authorized to be appropriated for each of fiscal years 2000, 2001, 2002, and 2003,

$90,000,000 to the States of Alaska, Washington, Oregon, and

California. Amounts appropriated pursuant to this subparagraph shall be made available as direct payments. The State of

Alaska may allocate a portion of any funds it receives under

this subsection to eligible activities outside Alaska. ‘‘(B) For salmon habitat restoration, salmon stock enhancement, salmon research, and supplementation activities, there is

authorized to be appropriated in each of fiscal years 2000,

2001, 2002, and 2003, $10,000,000 to be divided between the

Pacific Coastal tribes (as defined by the Secretary of Commerce)

and the Columbia River tribes (as defined by the Secretary of

Commerce).’’

* * * * * * *
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

TITLE I

—DEPARTMENT OF JUSTICE

General Administration

Salaries and expenses ........................................................................................... 79,328 91,553 84,177 83,713 ∂4,385 ¥7,840 Joint automated booking system ........................................................................... 1,800 1,800 1,800 15,915 ∂14,115 ∂14,115 Public key infrastructure ........................................................................................ .......................... 4,376 .......................... .......................... .......................... ¥4,376 ....Narrowband communications ................................................................................. 10,625 188,000 95,445 205,000 ∂194,375 ∂17,000 

(By transfer) .................................................................................................. (92,545) .......................... .......................... .......................... (¥92,545) .......................... ....

Counterterrorism fund ............................................................................................ 10,000 10,000 10,000 5,000 ¥5,000 ¥5,000 Telecommunications carrier compliance fund ....................................................... 7,000 105,000 136,771 .......................... ¥7,000 ¥105,000 

Defense function ........................................................................................... 8,000 .......................... 141,250 .......................... ¥8,000 .......................... 

Administrative review and appeals:

Direct appropriation ...................................................................................... 98,136 164,549 159,570 112,814 ∂14,678 ¥51,735 Crime trust fund ........................................................................................... 50,363 .......................... .......................... .......................... ¥50,363 .......................... ....

Total, Administrative review and appeals ............................................... 148,499 164,549 159,570 112,814 ¥35,685 ¥51,735 

Detention trustee .................................................................................................... .......................... 26,000 1,000 .......................... .......................... ¥26,000 Office of Inspector General .................................................................................... 40,275 42,192 41,825 42,192 ∂1,917 .......................... 

(Transfer out) ................................................................................................ (¥40) .......................... .......................... .......................... (∂40) .......................... ....

Total, General administration ................................................................... 305,527 633,470 671,838 464,634 ∂159,107 ¥168,836 

Appropriations .................................................................................. (255,164) (633,470) (671,838) (464,634) (∂209,470) (¥168,836) Crime trust fund .............................................................................. (50,363) .......................... .......................... .......................... (¥50,363) .......................... ....

United States Parole Commission

Salaries and expenses ........................................................................................... 8,527 9,183 8,855 7,380 ¥1,147 ¥1,803 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

Legal Activities

General legal activities:

Direct appropriation ...................................................................................... 357,016 553,235 523,228 494,310 ∂137,294 ¥58,925 Crime trust fund ........................................................................................... 147,929 .......................... .......................... .......................... ¥147,929 .......................... ....

Total, General legal activities .................................................................. 504,945 553,235 523,228 494,310 ¥10,635 ¥58,925 

Vaccine injury compensation trust fund (permanent) .......................................... 4,028 4,028 4,028 4,028 .......................... .......................... ....Antitrust Division ................................................................................................... 110,000 134,000 113,269 95,838 ¥14,162 ¥38,162 

Offsetting fee collections

—carryover ........................................................... ¥28,150 ¥29,034 ¥36,098 .......................... ∂28,150 ∂29,034 

Offsetting fee collections

—current year ...................................................... ¥81,850 ¥104,966 ¥77,171 ¥95,838 ¥13,988 ∂9,128 

Direct appropriation .................................................................................. .......................... .......................... .......................... .......................... .......................... .......................... ....

United States Attorneys: Direct appropriation ....................................................... 1,161,957 1,292,633 1,247,416 1,159,014 ¥2,943 ¥133,619 United States Trustee System Fund:

Current year fee funding .............................................................................. 106,775 127,202 126,242 127,212 ∂20,437 ∂10 Fees and interest (legislative proposal) ....................................................... 6,000 .......................... .......................... .......................... ¥6,000 .......................... ....

Total, United States trustee system fund ................................................ 112,775 127,202 126,242 127,212 ∂14,437 ∂10 

Offsetting fee collections ................................................................ ¥106,775 ¥121,202 ¥120,242 ¥121,202 ¥14,427 .......................... Offsetting fee collections

—legis. proposal .................................... ¥6,000 .......................... .......................... .......................... ∂6,000 .......................... ....

Interest on U.S. securities ............................................................... .......................... ¥6,000 ¥6,000 ¥6,000 ¥6,000 .......................... ....

Total, U.S. trustee offsetting fee collections ........................................... ¥112,775 ¥127,202 ¥126,242 ¥127,202 ¥14,427 .......................... 

Foreign Claims Settlement Commission ................................................................ 1,175 1,214 1,000 1,214 ∂39 .......................... United States Marshals Service:

Direct appropriation ...................................................................................... 333,745 586,469 560,438 550,472 ∂216,727 ¥35,997 
(Transfer out) ....................................................................................... (¥2,762) .......................... .......................... .......................... (∂2,762) .......................... ....

Crime trust fund ........................................................................................... 209,620 .......................... .......................... .......................... ¥209,620 .......................... ....Construction .................................................................................................. 6,000 6,378 6,000 25,100 ∂19,100 ∂18,722 Justice Prisoner and Alien transportation system ........................................ .......................... .......................... .......................... 97,855 ∂97,855 ∂97,855 

Total, United States Marshals Service ..................................................... 549,365 592,847 566,438 673,427 ∂124,062 ∂80,580 

Federal prisoner detention ..................................................................................... 525,000 597,402 597,402 539,022 ∂14,022 ¥58,380 Fees and expenses of witnesses ........................................................................... 95,000 156,145 95,000 156,145 ∂61,145 .......................... Community Relations Service ................................................................................ 7,199 9,829 7,479 8,475 ∂1,276 ¥1,354 Assets forfeiture fund ............................................................................................ 23,000 23,000 .......................... 23,000 .......................... .......................... 

Total, Legal activities ............................................................................... 2,871,669 3,230,333 3,041,991 3,058,645 ∂186,976 ¥171,688 

Appropriations .................................................................................. (2,514,120) (3,230,333) (3,041,991) (3,058,645) (∂544,525) (¥171,688) Crime trust fund .............................................................................. (357,549) .......................... .......................... .......................... (¥357,549) .......................... ....

Radiation Exposure Compensation

Administrative expenses ........................................................................................ 2,000 2,000 2,000 2,000 .......................... .......................... ....Payment to radiation exposure compensation trust fund ..................................... 3,200 13,727 3,200 14,400 ∂11,200 ∂673 

Total, Radiation Exposure Compensation ................................................. 5,200 15,727 5,200 16,400 ∂11,200 ∂673 

Interagency Law Enforcement

Interagency crime and drug enforcement ............................................................. 316,792 328,898 328,898 316,792 .......................... ¥12,106 

Federal Bureau of Investigation

Salaries and expenses ........................................................................................... 2,044,542 2,977,089 3,070,282 2,676,931 ∂632,389 ¥300,158 

(Transfer out) ................................................................................................ (¥50,000) .......................... .......................... .......................... (∂50,000) .......................... ....

Counterintelligence and national security ............................................................. 292,473 326,776 159,223 400,650 ∂108,177 ∂73,874 

Direct appropriation ...................................................................................... 2,337,015 3,303,865 3,229,505 3,077,581 ∂740,566 ¥226,284 

Crime trust fund .................................................................................................... 752,853 .......................... .......................... .......................... ¥752,853 .......................... ....

Subtotal, Salaries and expenses .............................................................. 3,089,868 3,303,865 3,229,505 3,077,581 ¥12,287 ¥226,284 

Construction ........................................................................................................... 1,287 3,187 1,287 42,687 ∂41,400 ∂39,500 

Total, Federal Bureau of Investigation ..................................................... 3,091,155 3,307,052 3,230,792 3,120,268 ∂29,113 ¥186,784 

Appropriations .................................................................................. (2,338,302) (3,307,052) (3,230,792) (3,120,268) (∂781,966) (¥186,784) 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

Crime trust fund .............................................................................. (752,853) .......................... .......................... .......................... (¥752,853) .......................... ....

Drug Enforcement Administration

Salaries and expenses ........................................................................................... 1,013,330 1,451,309 1,445,852 1,429,198 ∂415,868 ¥22,111 

(Transfer out) ................................................................................................ (¥20,733) .......................... .......................... .......................... (∂20,733) .......................... ....Diversion control fund ................................................................................... ¥80,330 ¥83,543 ¥83,543 ¥83,543 ¥3,213 .......................... ....

Direct appropriation .................................................................................. 933,000 1,367,766 1,362,309 1,345,655 ∂412,655 ¥22,111 

Crime trust fund .................................................................................................... 343,250 .......................... .......................... .......................... ¥343,250 .......................... ....

Subtotal, Salaries and expenses .............................................................. 1,276,250 1,367,766 1,362,309 1,345,655 ∂69,405 ¥22,111 

Construction ........................................................................................................... 5,500 5,500 5,500 .......................... ¥5,500 ¥5,500 

Total, Drug Enforcement Administration .................................................. 1,281,750 1,373,266 1,367,809 1,345,655 ∂63,905 ¥27,611 

Appropriations .................................................................................. (938,500) (1,373,266) (1,367,809) (1,345,655) (∂407,155) (¥27,611) Crime trust fund .............................................................................. (343,250) .......................... .......................... .......................... (¥343,250) .......................... ....

Immigration and Naturalization Service

Salaries and expenses ........................................................................................... 1,642,440 3,159,138 3,121,213 2,895,397 ∂1,252,957 ¥263,741 

(Transfer out) ................................................................................................ (¥18,510) .......................... .......................... .......................... (∂18,510) .......................... ....Enforcement and border affairs ................................................................... (1,107,429) (2,580,890) (2,547,899) .......................... (¥1,107,429) (¥2,580,890) (Citizenship and benefits, immigration support and program direction ...... (535,011) (539,390) (573,314) .......................... (¥535,011) (¥539,390) 

Crime trust fund .................................................................................................... 1,267,225 .......................... .......................... .......................... ¥1,267,225 .......................... ....

Subtotal, Direct and crime trust fund ..................................................... 2,909,665 3,159,138 3,121,213 2,895,397 ¥14,268 ¥263,741 

Fee accounts:

Immigration user fee .................................................................................... (446,151) (529,103) (478,879) (494,384) (∂48,233) (¥34,719) 
Land border inspection fund ........................................................................ (1,548) (1,641) (1,641) (1,670) (∂122) (∂29) Immigration examinations fund .................................................................... (708,500) (899,817) (874,717) (891,017) (∂182,517) (¥8,800) Breached bond fund ..................................................................................... (110,423) (110,134) (80,600) (130,634) (∂20,211) (∂20,500) Immigration enforcement fines ..................................................................... (1,850) (1,850) (1,850) (5,593) (∂3,743) (∂3,743) H–1b Visa fees ............................................................................................. (1,125) (1,125) (1,125) (1,473) (∂348) (∂348) 

Subtotal, Fee accounts ............................................................................. (1,269,597) (1,543,670) (1,438,812) (1,524,771) (∂255,174) (¥18,899) 

Construction ........................................................................................................... 99,664 111,135 110,664 133,302 ∂33,638 ∂22,167 Immigration services capital investment .............................................................. .......................... 34,800 .......................... .......................... .......................... ¥34,800 ....

Total, Immigration and Naturalization Service ........................................ (4,260,416) (4,848,743) (4,670,689) (4,553,470) (∂293,054) (¥295,273) 

Appropriations .................................................................................. (1,742,104) (3,305,073) (3,231,877) (3,028,699) (∂1,286,595) (¥276,374) Crime trust fund .............................................................................. (1,267,225) .......................... .......................... .......................... (¥1,267,225) .......................... ....(Fee accounts) ................................................................................. (1,269,597) (1,543,670) (1,438,812) (1,524,771) (∂255,174) (¥18,899) 

Federal Prison System

Salaries and expenses ........................................................................................... 3,179,110 3,545,769 3,500,596 3,573,729 ∂394,619 ∂27,960 

Prior year carryover ....................................................................................... ¥90,000 .......................... ¥70,000 .......................... ∂90,000 .......................... 

(Transfer out) ....................................................................................... (¥500) .......................... .......................... .......................... (∂500) .......................... ....

Direct appropriation ......................................................................... 3,089,110 3,545,769 3,430,596 3,573,729 ∂484,619 ∂27,960 

Crime trust fund .................................................................................................... 22,524 .......................... .......................... .......................... ¥22,524 .......................... ....

Subtotal, Salaries and expenses .............................................................. 3,111,634 3,545,769 3,430,596 3,573,729 ∂462,095 ∂27,960 

Buildings and facilities ......................................................................................... 556,791 835,660 835,660 724,389 ∂167,598 ¥111,271 

Advance appropriations, fiscal years 2002–2003 ........................................ .......................... 1,326,000 .......................... .......................... .......................... ¥1,326,000 ....

Federal Prison Industries, Incorporated (limitation on administrative expenses) .................................................................................................................... 3,429 3,429 3,429 3,429 .......................... .......................... ....

Total, Federal Prison System .................................................................... 3,671,854 5,710,858 4,269,685 4,301,547 ∂629,693 ¥1,409,311 

Appropriations .................................................................................. (3,649,330) (4,384,858) (4,269,685) (4,301,547) (∂652,217) (¥83,311) Advance appropriations ................................................................... .......................... (1,326,000) .......................... .......................... .......................... (¥1,326,000) ....

Office of Justice Programs

Justice assistance .................................................................................................. 307,611 371,260 307,611 426,403 ∂118,792 ∂55,143 

(By transfer) .................................................................................................. (7,000) (7,000) (7,000) (7,000) .......................... .......................... ....
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

State and local law enforcement assistance:

Direct appropriations:

Local law enforcement block grant ..................................................... 523,000 .......................... 523,000 400,000 ¥123,000 ∂400,000 

Boys and Girls clubs (earmark) .................................................. (50,000) .......................... (50,000) (70,000) (∂20,000) (∂70,000) 

State prison grants .............................................................................. 686,500 75,000 686,500 76,000 ¥610,500 ∂1,000 State criminal alien assistance program ............................................ 420,000 600,000 420,000 50,000 ¥370,000 ¥550,000 Indian tribal courts program ............................................................... 5,000 15,000 .......................... 5,000 .......................... ¥10,000 Drug interdiction .................................................................................. .......................... 75,000 .......................... .......................... .......................... ¥75,000 ....Indian grants ....................................................................................... .......................... 21,000 .......................... .......................... .......................... ¥21,000 ....Byrne grants (formula) ........................................................................ .......................... 400,000 500,000 400,000 ∂400,000 .......................... Byrne grants (discretionary) ................................................................ .......................... 59,500 52,000 52,000 ∂52,000 ¥7,500 ....Juvenile crime block grant ................................................................... .......................... .......................... 250,000 100,000 ∂100,000 ∂100,000 Drug courts .......................................................................................... .......................... 50,000 40,000 40,000 ∂40,000 ¥10,000 ....Violence Against Women grants .......................................................... .......................... 296,000 283,750 284,854 ∂284,854 ¥11,146 State prison drug treatment ................................................................ .......................... 65,000 63,000 63,000 ∂63,000 ¥2,000 ....Other crime control programs .............................................................. .......................... 5,700 5,700 4,400 ∂4,400 ¥1,300 

Subtotal, Direct appropriations ....................................................... 1,634,500 1,662,200 2,823,950 1,475,254 ¥159,246 ¥186,946 

Crime trust fund:

Byrne grants (formula) ................................................................................. 500,000 .......................... .......................... .......................... ¥500,000 .......................... ....Byrne grants (discretionary) ......................................................................... 52,000 .......................... .......................... .......................... ¥52,000 .......................... ....Juvenile crime block grant ............................................................................ 250,000 .......................... .......................... .......................... ¥250,000 .......................... ....Drug courts ................................................................................................... 40,000 .......................... .......................... .......................... ¥40,000 .......................... ....Violence Against Women grants ................................................................... 283,750 .......................... .......................... .......................... ¥283,750 .......................... ....State prison drug treatment ......................................................................... 63,000 .......................... .......................... .......................... ¥63,000 .......................... ....Other crime control programs ....................................................................... 5,700 .......................... .......................... .......................... ¥5,700 .......................... ....

Subtotal, Crime trust fund ....................................................................... 1,194,450 .......................... .......................... .......................... ¥1,194,450 .......................... ....
Total, State and local law enforcement ................................................... 2,828,950 1,662,200 2,823,950 1,475,254 ¥1,353,696 ¥186,946 

Weed and seed program fund ............................................................................... 33,500 42,000 33,500 40,000 ∂6,500 ¥2,000 Community oriented policing services:

Direct appropriations:

Hiring program ..................................................................................... 344,500 614,000 389,500 510,500 ∂166,000 ¥103,500 Management administration ................................................................ 29,825 36,000 29,825 29,825 .......................... ¥6,175 ....Crime identification technology ........................................................... 130,000 350,000 130,000 130,000 .......................... ¥220,000 ....

Safe schools technology .............................................................. (15,000) .......................... .......................... (15,000) .......................... (∂15,000) Upgrade criminal history records ............................................... (35,000) (70,000) .......................... (33,000) (¥2,000) (¥37,000) DNA identification/crime lab ....................................................... (30,000) (50,000) .......................... (30,000) .......................... (¥20,000) 

Methamphetamine ................................................................................ 35,675 .......................... 45,675 41,700 ∂6,025 ∂41,700 Community prosecutors ........................................................................ 10,000 200,000 .......................... .......................... ¥10,000 ¥200,000 ....Crime prevention .................................................................................. .......................... 135,000 .......................... .......................... .......................... ¥135,000 ....COPS technology .................................................................................. .......................... .......................... .......................... 100,000 ∂100,000 ∂100,000 

Subtotal, Direct appropriations ....................................................... 550,000 1,335,000 595,000 812,025 ∂262,025 ¥522,975 

Crime trust fund: Hiring program ................................................................ 45,000 .......................... .......................... .......................... ¥45,000 .......................... ....

Total, Community oriented policing services ........................................... 595,000 1,335,000 595,000 812,025 ∂217,025 ¥522,975 

Juvenile justice programs ...................................................................................... 287,097 289,000 287,097 279,697 ¥7,400 ¥9,303 

(Transfer out) ................................................................................................ (¥7,000) (¥7,000) (¥7,000) (¥7,000) .......................... .......................... ....

Public safety officers benefits program:

Death benefits ............................................................................................... 32,541 33,224 33,224 33,224 ∂683 .......................... ....Federal law enforcement dependents assistance ........................................ .......................... 4,800 .......................... .......................... .......................... ¥4,800 ....

Total, Public safety officers benefits program ........................................ 32,541 38,024 33,224 33,224 ∂683 ¥4,800 ....Total, Office of Justice Programs ............................................................. 4,084,699 3,737,484 4,080,382 3,066,603 ¥1,018,096 ¥670,881 

Appropriations .................................................................................. (2,845,249) (3,737,484) (4,080,382) (3,066,603) (∂221,354) (¥670,881) (Crime trust fund .............................................................................. (1,239,450) .......................... .......................... .......................... (¥1,239,450) .......................... ....

Total, title I, Department of Justice ......................................................... 18,646,502 21,651,344 20,237,327 18,726,623 ∂80,121 ¥2,924,721 

Appropriations .................................................................................. (14,613,288) (20,325,344) (20,237,327) (18,726,623) (∂4,113,335) (¥1,598,721) (Crime trust fund .............................................................................. (4,033,214) .......................... .......................... .......................... (¥4,033,214) .......................... ....Advance appropriations ................................................................... .......................... (1,326,000) .......................... .......................... .......................... (¥1,326,000) ....

(Transfer out) .......................................................................... (¥99,545) (¥7,000) (¥7,000) (¥7,000) (∂92,545) .......................... ....

(Limitation on administrative expenses) ......................................... .......................... .......................... .......................... .......................... .......................... .......................... ....
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

(By transfer) ........................................................................... (99,545) (7,000) (7,000) (7,000) (¥92,545) .......................... ....

TITLE II

—DEPARTMENT OF COMMERCE AND RELATED AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

Office of the United States Trade Representative

Salaries and expenses ........................................................................................... 25,635 29,600 29,433 29,600 ∂3,965 .......................... 

International Trade Commission

Salaries and expenses ........................................................................................... 44,495 49,100 46,995 49,100 ∂4,605 .......................... 

Total, Related agencies ............................................................................ 70,130 78,700 76,428 78,700 ∂8,570 .......................... 

DEPARTMENT OF COMMERCE

International Trade Administration

Operations and administration .............................................................................. 311,503 355,147 321,448 318,686 ∂7,183 ¥36,461 

Offsetting fee collections .............................................................................. ¥3,000 ¥3,000 ¥3,000 ¥3,000 .......................... .......................... ....

Direct appropriation .................................................................................. 308,503 352,147 318,448 315,686 ∂7,183 ¥36,461 

Export Administration

Operations and administration .............................................................................. 52,161 66,416 51,963 56,787 ∂4,626 ¥9,629 

CWC enforcement .......................................................................................... 1,877 5,138 1,870 4,250 ∂2,373 ¥888 

Total, Export Administration ..................................................................... 54,038 71,554 53,833 61,037 ∂6,999 ¥10,517 
Economic Development Administration

Economic development assistance programs ........................................................ 361,879 407,750 361,879 218,000 ¥143,879 ¥189,750 Salaries and expenses ........................................................................................... 26,500 29,188 26,499 31,542 ∂5,042 ∂2,354 

Total, Economic Development Administration .......................................... 388,379 436,938 388,378 249,542 ¥138,837 ¥187,396 

Minority Business Development Agency

Minority business development .............................................................................. 27,314 28,156 27,314 27,000 ¥314 ¥1,156 

Total, Trade and Infrastructure Development .......................................... 848,364 967,495 864,401 731,965 ¥116,399 ¥235,530 

ECONOMIC AND INFORMATION INFRASTRUCTURE

Economic and Statistical Analysis

Salaries and expenses ........................................................................................... 49,499 54,713 49,499 53,992 ∂4,493 ¥721 

Bureau of the Census

Salaries and expenses ........................................................................................... 140,000 173,826 140,000 158,386 ∂18,386 ¥15,440 Periodic censuses and programs ........................................................................... 142,320 545,379 530,867 535,224 ∂392,904 ¥10,155 

Emergency appropriations ............................................................................. 4,476,253 .......................... .......................... .......................... ¥4,476,253 .......................... ....

Total, Bureau of the Census .................................................................... 4,758,573 719,205 670,867 693,610 ¥4,064,963 ¥25,595 

National Telecommunications and Information Administration

Salaries and expenses ........................................................................................... 10,975 20,315 10,975 11,437 ∂462 ¥8,878 Public telecommunications facilities, planning and construction ........................ 26,500 110,075 31,000 50,000 ∂23,500 ¥60,075 

Advance appropriations, fiscal years 2002–2003 ........................................ .......................... 197,500 .......................... .......................... .......................... ¥197,500 ....

Technology opportunity grants ............................................................................... 15,500 45,119 15,500 15,500 .......................... ¥29,619 ....Home internet access ............................................................................................ .......................... 50,000 .......................... .......................... .......................... ¥50,000 ....

Total, National Telecommunications and Information Administration .... 52,975 423,009 57,475 76,937 ∂23,962 ¥346,072 

Appropriations .................................................................................. (52,975) (225,509) (57,475) (76,937) (∂23,962) (¥148,572) Advance appropriations ................................................................... .......................... (197,500) .......................... .......................... .......................... (¥197,500) ....

Patent and Trademark Office

Current year fee funding ....................................................................................... 755,000 783,843 650,035 783,843 ∂28,843 .......................... 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

(Prior year carryover) ..................................................................................... (116,000) (254,889) (254,889) (254,889) (∂138,889) .......................... ....

Total, Patent and Trademark Office ......................................................... (871,000) (1,038,732) (904,924) (1,038,732) (∂167,732) .......................... 

Offsetting fee collections ................................................................ ¥785,976 ¥783,843 ¥650,035 ¥783,843 ∂2,133 .......................... 

Total, Economic and Information Infrastructure ...................................... 4,830,071 1,196,927 777,841 824,539 ¥4,005,532 ¥372,388 

Appropriations .................................................................................. (353,818) (999,427) (777,841) (824,539) (∂470,721) (¥174,888) Advance appropriations ................................................................... .......................... (197,500) .......................... .......................... .......................... (¥197,500) ....

SCIENCE AND TECHNOLOGY

Technology Administration

Under Secretary for Technology/Office of Technology Policy

Salaries and expenses ........................................................................................... 7,972 8,716 7,945 8,216 ∂244 ¥500 

National Institute of Standards and Technology

Scientific and technical research and services .................................................... 283,132 337,508 292,056 305,003 ∂21,871 ¥32,505 

(Transfer out) ................................................................................................ .......................... (¥6,200) .......................... (¥6,200) (¥6,200) .......................... 

Industrial technology services ............................................................................... 247,436 339,604 104,836 262,737 ∂15,301 ¥76,867 

(Transfer out) ................................................................................................ .......................... (¥100) .......................... .......................... .......................... (∂100) ....

Construction of research facilities ........................................................................ 108,414 35,879 26,000 28,879 ¥79,535 ¥7,000 Working capital fund (by transfer) ........................................................................ .......................... (6,300) .......................... (6,200) (∂6,200) (¥100) 

Total, National Institute of Standards and Technology ........................... 638,982 712,991 422,892 596,619 ¥42,363 ¥116,372 

National Oceanic and Atmospheric Administration

Operations, research, and facilities ...................................................................... 1,688,189 1,882,189 1,608,125 1,958,046 ∂269,857 ∂75,857 

Offsetting collections (fisheries) (proposed) ................................................ .......................... ¥20,000 .......................... .......................... .......................... ∂20,000 ....
Offsetting collections (navigations) (proposed) ........................................... .......................... ¥14,000 .......................... .......................... .......................... ∂14,000 ....

Direct appropriation .................................................................................. 1,688,189 1,848,189 1,608,125 1,958,046 ∂269,857 ∂109,857 

(By transfer from Promote and Develop Fund) ............................... (68,000) (68,000) (68,000) (68,000) .......................... .......................... ....(By transfer from Coastal zone management) ............................... .......................... 3,200 .......................... 3,200 ∂3,200 .......................... 

Total, Operations, research and facilities .................................. 1,688,189 1,851,389 1,608,125 1,961,246 ∂273,057 ∂109,857 

Procurement, acquisition and construction ........................................................... 596,067 635,222 563,456 669,542 ∂73,475 ∂34,320 

Advance appropriations, fiscal years 2002–2019 ........................................ .......................... 6,417,495 .......................... .......................... .......................... ¥6,417,495 ....

Pacific coastal salmon recovery ............................................................................ 58,000 160,000 58,000 58,000 .......................... ¥102,000 ....Fisheries assistance ............................................................................................... .......................... 10,000 .......................... .......................... .......................... ¥10,000 ....Coastal impact assistance .................................................................................... .......................... 100,000 .......................... .......................... .......................... ¥100,000 ....Coastal zone management fund ............................................................................ 4,000 .......................... 4,000 .......................... ¥4,000 .......................... 

Mandatory offset ........................................................................................... ¥4,000 ¥3,200 ¥4,000 ¥3,200 ∂800 .......................... 

Fishermen’s contingency fund ............................................................................... 953 951 951 953 .......................... ∂2 Foreign fishing observer fund ................................................................................ 189 191 189 191 ∂2 .......................... Fisheries finance program account ....................................................................... 338 6,628 238 338 .......................... ¥6,290 

Total, National Oceanic and Atmospheric Administration ....................... 2,343,736 9,178,676 2,230,959 2,687,070 ∂343,334 ¥6,491,606 

Appropriations .................................................................................. (2,343,736) (2,761,181) (2,230,959) (2,687,070) (∂343,334) (¥74,111) Advance appropriations ................................................................... .......................... (6,417,495) .......................... .......................... .......................... (¥6,417,495) ....

Total, Science and Technology ................................................................. 2,990,690 9,900,383 2,661,796 3,291,905 ∂301,215 ¥6,608,478 

Departmental Management

Salaries and expenses ........................................................................................... 31,500 32,340 28,392 32,340 ∂840 .......................... Digital department ................................................................................................. .......................... 5,800 .......................... 5,800 ∂5,800 .......................... Security ................................................................................................................... .......................... 13,268 .......................... 10,000 ∂10,000 ¥3,268 

Total, Departmental management ............................................................ 31,500 51,408 28,392 48,140 ∂16,640 ¥3,268 

Office of Inspector General

Office of Inspector General .................................................................................... 20,000 22,726 21,000 19,000 ¥1,000 ¥3,726 

National Oceanic and Atmospheric Administration

Fisheries promotional fund (rescission) ................................................................ ¥1,187 .......................... .......................... .......................... ∂1,187 .......................... ....

Total, Department of Commerce .............................................................. 308 12,060,239 4,277,002 4,836,849 ¥3,812,459 ¥7,223,390 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

Appropriations .................................................................................. (4,174,242) (5,445,244) (4,277,002) (4,836,849) (∂662,607) (¥608,395) Emergency appropriations ............................................................... .......................... .......................... .......................... .......................... .......................... .......................... ....Rescissions ...................................................................................... (¥1,187) .......................... .......................... .......................... (∂1,187) .......................... ....Advance appropriations ................................................................... .......................... (6,614,995) .......................... .......................... .......................... (¥6,614,995) ....

Total, title II, Department of Commerce and related agencies ............... 8,719,438 12,138,939 4,353,430 4,915,549 ¥3,803,889 ¥7,223,390 

Appropriations .................................................................................. (4,244,372) (5,523,944) (4,353,430) (4,915,549) (∂671,177) (¥608,395) Emergency appropriations ............................................................... .......................... .......................... .......................... .......................... .......................... .......................... ....Rescissions ...................................................................................... (¥1,187) .......................... .......................... .......................... (∂1,187) .......................... ....Advance appropriations ................................................................... .......................... (6,614,995) .......................... .......................... .......................... (¥6,614,995) ....

(Transfer out) .......................................................................... .......................... (¥6,300) .......................... (¥6,200) (¥6,200) (∂100) (By transfer) ........................................................................... (68,000) (74,300) (68,000) (74,200) (∂6,200) (¥100) 

TITLE III

—THE JUDICIARY

Supreme Court of the United States

Salaries and expenses:

Salaries of justices ....................................................................................... 1,698 1,698 1,698 1,698 .......................... .......................... ....Other salaries and expenses ........................................................................ 33,794 36,047 35,084 35,893 ∂2,099 ¥154 

Total, Salaries and expenses ................................................................... 35,492 37,745 36,782 37,591 ∂2,099 ¥154 

Care of the building and grounds ......................................................................... 8,002 7,530 7,530 7,530 ¥472 .......................... ....

Total, Supreme Court of the United States ............................................. 43,494 45,275 44,312 45,121 ∂1,627 ¥154 

United States Court of Appeals for the Federal Circuit

Salaries and expenses:

Salaries of judges ......................................................................................... 1,945 2,021 2,021 2,021 ∂76 .......................... ....
Other salaries and expenses ........................................................................ 14,852 17,512 15,825 15,909 ∂1,057 ¥1,603 

Total, Salaries and expenses ................................................................... 16,797 19,533 17,846 17,930 ∂1,133 ¥1,603 

United States Court of International Trade

Salaries and expenses:

Salaries of judges ......................................................................................... 1,525 1,525 1,525 1,525 .......................... .......................... ....Other salaries and expenses ........................................................................ 10,432 10,981 10,774 10,931 ∂499 ¥50 

Total, Salaries and expenses ................................................................... 11,957 12,506 12,299 12,456 ∂499 ¥50 

Courts of Appeals, District Courts, and Other Judicial Services

Salaries and expenses:

Salaries of judges and bankruptcy judges .................................................. 240,375 248,000 248,000 248,000 ∂7,625 .......................... ....Other salaries and expenses ........................................................................ 2,717,763 3,250,694 3,080,778 3,111,725 ∂393,962 ¥138,969 

(Transfer out) ....................................................................................... .......................... .......................... .......................... (¥8,000) (¥8,000) (¥8,000) 

Direct appropriation ......................................................................... 2,958,138 3,498,694 3,328,778 3,359,725 ∂401,587 ¥138,969 

Crime trust fund .................................................................................. 156,539 .......................... .......................... .......................... ¥156,539 .......................... ....

Total, Salaries and expenses .......................................................... 3,114,677 3,498,694 3,328,778 3,359,725 ∂245,048 ¥138,969 

Vaccine Injury Compensation Trust Fund .............................................................. 2,515 2,602 2,600 2,602 ∂87 .......................... Defender services ................................................................................................... 358,848 440,351 420,338 416,368 ∂57,520 ¥23,983 

Crime trust fund ........................................................................................... 26,247 .......................... .......................... .......................... ¥26,247 .......................... ....

Fees of jurors and commissioners ......................................................................... 60,918 60,821 60,821 59,567 ¥1,351 ¥1,254 Court security ......................................................................................................... 193,028 215,353 198,265 199,575 ∂6,547 ¥15,778 

Total, Courts of Appeals, District Courts, and Other Judicial Services .. 3,756,233 4,217,821 4,010,802 4,037,837 ∂281,604 ¥179,984 

Administrative Office of the United States Courts

Salaries and expenses ........................................................................................... 55,000 61,215 58,340 50,000 ¥5,000 ¥11,215 

Federal Judicial Center

Salaries and expenses ........................................................................................... 18,000 19,337 18,777 19,215 ∂1,215 ¥122 

Judicial Retirement Funds

Payment to Judiciary Trust Funds ......................................................................... 39,700 35,700 35,700 35,700 ¥4,000 .......................... ....
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

United States Sentencing Commission

Salaries and expenses ........................................................................................... 8,500 10,600 9,615 9,931 ∂1,431 ¥669 

General Provisions

Judges pay raise (sec. 304) .................................................................................. 9,611 .......................... .......................... 8,801 ¥810 ∂8,801 

Total, title III, the Judiciary ...................................................................... 3,959,292 4,421,987 4,207,691 4,236,991 ∂277,699 ¥184,996 

Appropriations .................................................................................. (3,776,506) (4,421,987) (4,207,691) (4,236,991) (∂460,485) (¥184,996) Crime trust fund .............................................................................. (182,786) .......................... .......................... .......................... (¥182,786) .......................... ....

TITLE IV

—DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and consular programs ....................................................................... 2,569,825 2,694,325 2,679,325 2,875,758 ∂305,933 ∂181,433 

(Transfer out) ................................................................................................ (¥1,162) (¥1,162) .......................... .......................... (∂1,162) (∂1,162) ....(Transfer out) ................................................................................................ (¥4,000) (¥4,000) (¥4,000) (¥4,000) .......................... .......................... ....Worldwide security upgrade .......................................................................... 254,000 410,000 410,000 272,736 ∂18,736 ¥137,264 

Total, Diplomatic and consular programs ............................................... 2,823,825 3,104,325 3,089,325 3,148,494 ∂324,669 ∂44,169 

Capital investment fund ........................................................................................ 80,000 97,000 79,670 104,000 ∂24,000 ∂7,000 Office of Inspector General .................................................................................... 27,495 29,502 28,490 29,395 ∂1,900 ¥107 Educational and cultural exchange programs ...................................................... 205,000 225,000 213,771 225,000 ∂20,000 .......................... Representation allowances .................................................................................... 5,850 5,973 5,826 6,773 ∂923 ∂800 Protection of foreign missions and officials ......................................................... 8,100 10,490 8,067 10,490 ∂2,390 .......................... Embassy security, construction and maintenance ................................................ 428,561 431,178 416,976 417,104 ¥11,457 ¥14,074 

Worldwide security upgrade .......................................................................... 313,617 648,000 648,000 364,900 ∂51,283 ¥283,100 Advance appropriations, fiscal years 2002–2005 ........................................ .......................... 3,350,000 .......................... .......................... .......................... ¥3,350,000 ....

Emergencies in the diplomatic and consular service ........................................... 5,500 11,000 5,477 11,000 ∂5,500 .......................... 
(By transfer) .................................................................................................. (4,000) (4,000) (4,000) (4,000) .......................... .......................... ....(Transfer out) ................................................................................................ (¥1,000) (¥1,000) (¥1,000) (¥1,000) .......................... .......................... ....

Commission on Holocaust Assets in U.S. (by transfer) ........................................ (1,162) (1,162) .......................... .......................... (¥1,162) (¥1,162) ....Repatriation Loans Program Account:

Direct loans subsidy ..................................................................................... 593 593 591 593 .......................... .......................... Administrative expenses ............................................................................... 607 607 604 607 .......................... .......................... 

(By transfer) ......................................................................................... (1,000) (1,000) (1,000) (1,000) .......................... .......................... ....

Total, Repatriation loans program account .................................... 1,200 1,200 1,195 1,200 .......................... .......................... 

Payment to the American Institute in Taiwan ...................................................... 15,375 16,345 16,345 16,345 ∂970 .......................... ....Payment to the Foreign Service Retirement and Disability Fund ......................... 128,541 131,224 131,224 131,224 ∂2,683 .......................... ....

Total, Administration of Foreign Affairs ................................................... 4,043,064 8,061,237 4,644,366 4,465,925 ∂422,861 ¥3,595,312 

Appropriations .................................................................................. (4,043,064) (4,711,237) (4,644,366) (4,465,925) (∂422,861) (¥245,312) Advance appropriations ................................................................... .......................... (3,350,000) .......................... .......................... .......................... (¥3,350,000) ....

International Organizations and Conferences

Contributions to international organizations, current year assessment ............... 885,203 946,060 880,505 879,144 ¥6,059 ¥66,916 

New NATO headquarters ............................................................................... .......................... .......................... .......................... 64,800 ∂64,800 ∂64,800 

Contributions for international peacekeeping activities, current year .................. 500,000 738,666 498,100 500,000 .......................... ¥238,666 Arrearage payments ............................................................................................... 351,000 .......................... .......................... 102,000 ¥249,000 ∂102,000 

Total, International Organizations and Conferences ................................ 1,736,203 1,684,726 1,378,605 1,545,944 ¥190,259 ¥138,782 

International Commissions

International Boundary and Water Commission, United States and Mexico:

Salaries and expenses .................................................................................. 19,551 7,142 19,470 7,142 ¥12,409 .......................... Construction, operations, and maintenance ................................................. 5,939 26,747 6,415 26,747 ∂20,808 .......................... 

American sections, international commissions ..................................................... 5,733 8,891 5,710 6,741 ∂1,008 ¥2,150 International fisheries commissions ...................................................................... 15,549 19,392 15,485 19,392 ∂3,843 .......................... 

Total, International commissions ............................................................. 46,772 62,172 47,080 60,022 ∂13,250 ¥2,150 

Other

Payment to the Asia Foundation ........................................................................... 8,250 10,000 8,216 .......................... ¥8,250 ¥10,000 Eisenhower Exchange Fellowship Program, trust fund ......................................... 465 500 500 500 ∂35 .......................... ....Israeli Arab scholarship program .......................................................................... 340 375 375 375 ∂35 .......................... ....East-West Center ................................................................................................... 12,500 12,500 .......................... 13,500 ∂1,000 ∂1,000 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

North/South Center ................................................................................................. 1,750 1,750 .......................... .......................... ¥1,750 ¥1,750 ....National Endowment for Democracy ...................................................................... 31,000 32,000 30,872 30,999 ¥1 ¥1,001 

Total, Department of State ....................................................................... 5,880,344 9,865,260 6,110,014 6,117,265 ∂236,921 ¥3,747,995 

Appropriations .................................................................................. (5,880,344) (6,515,260) (6,110,014) (6,117,265) (∂236,921) (¥397,995) Advance appropriations ................................................................... .......................... (3,350,000) .......................... .......................... .......................... (¥3,350,000) ....

RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting Operations .................................................................. 388,421 405,056 419,777 388,421 .......................... ¥16,635 Broadcasting to Cuba ............................................................................................ 22,095 23,456 .......................... 22,095 .......................... ¥1,361 Broadcasting capital improvements ...................................................................... 11,258 19,760 18,358 29,060 ∂17,802 ∂9,300 

Worldwide security upgrade .......................................................................... .......................... .......................... .......................... 2,015 ∂2,015 ∂2,015 

Total, Broadcasting Board of Governors .................................................. 421,774 448,272 438,135 441,591 ∂19,817 ¥6,681 Total, related agencies ............................................................................. 421,774 448,272 438,135 441,591 ∂19,817 ¥6,681 Total, title IV, Department of State ......................................................... 6,302,118 10,313,532 6,548,149 6,558,856 ∂256,738 ¥3,754,676 

Appropriations .................................................................................. (6,302,118) (6,963,532) (6,548,149) (6,558,856) (∂256,738) (¥404,676) Advance appropriations ................................................................... .......................... (3,350,000) .......................... .......................... .......................... (¥3,350,000) ....

(Transfer out) .......................................................................... (¥6,162) (¥6,162) (¥5,000) (¥5,000) (∂1,162) (∂1,162) ....(By transfer) ........................................................................... (6,162) (6,162) (5,000) (5,000) (¥1,162) (¥1,162) ....
TITLE V—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Maritime Security Program .................................................................................... 96,200 98,700 98,700 98,700 ∂2,500 .......................... ....Operations and training ......................................................................................... 72,073 80,240 84,799 80,240 ∂8,167 .......................... Maritime Guaranteed Loan (Title XI) Program Account:

Guaranteed loans subsidy ............................................................................ 6,000 2,000 10,621 20,221 ∂14,221 ∂18,221 Administrative expenses ............................................................................... 3,809 4,179 3,795 4,179 ∂370 .......................... 

Total, Maritime guaranteed loan program account ................................. 9,809 6,179 14,416 24,400 ∂14,591 ∂18,221 Total, Maritime Administration ................................................................. 178,082 185,119 197,915 203,340 ∂25,258 ∂18,221 

Census Monitoring Board

Salaries and expenses ........................................................................................... .......................... 4,000 .......................... .......................... .......................... ¥4,000 ....

Commission for the Preservation of America’s Heritage Abroad

Salaries and expenses ........................................................................................... 490 390 390 490 .......................... ∂100 

Commission on Civil Rights

Salaries and expenses ........................................................................................... 8,900 11,000 8,866 8,900 .......................... ¥2,100 

Commission on Ocean Policy

Salaries and expenses ........................................................................................... .......................... .......................... .......................... 1,000 ∂1,000 ∂1,000 

Commission on Electronic Commerce

Salaries and expenses ........................................................................................... 1,400 .......................... .......................... .......................... ¥1,400 .......................... ....

Commission on Security and Cooperation in Europe

Salaries and expenses ........................................................................................... 1,182 1,370 1,182 1,370 ∂188 .......................... 

Equal Employment Opportunity Commission

Salaries and expenses ........................................................................................... 282,000 322,000 290,928 294,800 ∂12,800 ¥27,200 

Federal Communications Commission

Salaries and expenses ........................................................................................... 210,000 237,188 207,909 237,188 ∂27,188 .......................... 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

Offsetting fee collections

—current year ...................................................... ¥185,754 ¥200,146 ¥200,146 ¥200,146 ¥14,392 .......................... ....

Direct appropriation .................................................................................. 24,246 37,042 7,763 37,042 ∂12,796 .......................... 

Federal Maritime Commission

Salaries and expenses ........................................................................................... 14,150 16,222 14,097 16,222 ∂2,072 .......................... 

Federal Trade Commission

Salaries and expenses ........................................................................................... 125,024 164,600 134,807 159,500 ∂34,476 ¥5,100 

Offsetting fee collections

—carryover ........................................................... ¥21,000 ¥7,000 ¥13,709 ¥1,900 ∂19,100 ∂5,100 

Offsetting fee collections

—current year ...................................................... ¥104,024 ¥157,600 ¥121,098 ¥157,600 ¥53,576 .......................... 

Direct appropriation .................................................................................. .......................... .......................... .......................... .......................... .......................... .......................... ....

Legal Services Corporation

Payment to the Legal Services Corporation .......................................................... 305,000 340,000 275,000 300,000 ¥5,000 ¥40,000 

Marine Mammal Commission

Salaries and expenses ........................................................................................... 1,270 1,400 1,700 1,700 ∂430 ∂300 ....

Securities and Exchange Commission

Current year fees ................................................................................................... 173,800 282,800 252,624 194,652 ∂20,852 ¥88,148 

1998 fees ...................................................................................................... 194,000 .......................... .......................... .......................... ¥194,000 .......................... ....1999 fees ...................................................................................................... .......................... 140,000 140,000 295,000 ∂295,000 ∂155,000 

Direct appropriation .................................................................................. 367,800 422,800 392,624 489,652 ∂121,852 ∂66,852 
Small Business Administration

Salaries and expenses ........................................................................................... 322,800 163,000 304,094 143,475 ¥179,325 ¥19,525 Non-credit business assistance programs ............................................................ .......................... 256,050 .......................... 153,690 ∂153,690 ¥102,360 Office of Inspector General .................................................................................... 11,000 14,315 10,905 13,000 ∂2,000 ¥1,315 Business Loans Program Account:

Direct loans subsidy ..................................................................................... .......................... 5,370 2,500 2,600 ∂2,600 ¥2,770 Guaranteed loans subsidy ............................................................................ 137,800 190,460 137,800 162,800 ∂25,000 ¥27,660 Administrative expenses ............................................................................... 129,000 132,525 129,000 130,800 ∂1,800 ¥1,725 

Total, Business loans program account .................................................. 266,800 328,355 269,300 296,200 ∂29,400 ¥32,155 

Disaster Loans Program Account:

Direct loans subsidy ..................................................................................... 140,400 142,100 140,400 142,100 ∂1,700 .......................... Administrative expenses ............................................................................... 136,000 154,000 136,000 139,000 ∂3,000 ¥15,000 

Total, Disaster loans program account .................................................... 276,400 296,100 276,400 281,100 ∂4,700 ¥15,000 Total, Small Business Administration ...................................................... 877,000 1,057,820 860,699 887,465 ∂10,465 ¥170,355 

State Justice Institute

Salaries and expenses ........................................................................................... 6,850 6,850 4,500 6,850 .......................... .......................... 

(by transfer) .................................................................................................. .......................... .......................... .......................... (8,000) (∂8,000) (∂8,000) 

United States Commission on International Religious Freedom

Salaries and expenses ........................................................................................... .......................... 3,000 .......................... .......................... .......................... ¥3,000 ....

Total, title V, Related agencies ................................................................ 2,068,370 2,409,013 2,055,664 2,248,831 ∂180,461 ¥160,182 

TITLE VI—GENERAL PROVISIONS

Section 604 ............................................................................................................ .......................... .......................... .......................... 23,000 ∂23,000 ∂23,000 

TITLE VII—RESCISSIONS

DEPARTMENT OF JUSTICE

Working capital fund (rescission) .......................................................................... .......................... ¥10,000 .......................... ¥76,698 ¥76,698 ¥66,698 

Legal Activities

Asset forfeiture fund .............................................................................................. .......................... .......................... .......................... ¥96,383 ¥96,383 ¥96,383 
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

Federal Bureau of Investigation

Information sharing initiative (rescission) ............................................................ .......................... .......................... .......................... ¥40,000 ¥40,000 ¥40,000 

Drug Enforcement Administration

Drug diversion fund (rescission) ........................................................................... ¥35,000 .......................... .......................... ¥8,000 ∂27,000 ¥8,000 

Immigration and Naturalization Service

Immigration emergency fund (rescission) ............................................................. ¥1,137 .......................... .......................... .......................... ∂1,137 .......................... ....

DEPARTMENT OF STATE AND RELATED AGENCIES

DEPARTMENT OF STATE

Contributions for International Peacekeeping activities (rescission) .................... .......................... .......................... .......................... ¥212,744 ¥212,744 ¥212,744 

Broadcasting Board of Governors

International broadcasting operations (rescission) ............................................... ¥15,516 .......................... .......................... .......................... ∂15,516 .......................... ....

RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Maritime Guaranteed Loan (Title XI) Program Account: Guaranteed loans subsidy (rescission) ................................................................................................. .......................... .......................... ¥7,644 .......................... .......................... .......................... 

Small Business Administration

Business Loans Program Account: Guaranteed loans subsidy (rescission) ......... ¥13,100 .......................... .......................... .......................... ∂13,100 .......................... ....

Total, title VII, Rescissions ....................................................................... ¥64,753 ¥10,000 ¥7,644 ¥433,825 ¥369,072 ¥423,825 
TITLE VIII—SOUTHWEST BORDER INITIATIVE

United States Marshals Service

Direct appropriation (contingent emergency appropriations) ................................ .......................... .......................... .......................... 5,268 ∂5,268 ∂5,268 Construction (contingent emergency appropriations) ............................................ .......................... .......................... .......................... 5,625 ∂5,625 ∂5,625 Justice prisoner and Alien transportation system (contingent emergency appropriations) ........................................................................................................... .......................... .......................... .......................... 52,000 ∂52,000 ∂52,000 

Total, United States Marshal Service ....................................................... .......................... .......................... .......................... 62,893 ∂62,893 ∂62,893 

Drug Enforcement Administration

Salaries and expenses (contingent emergency appropriations) ............................ .......................... .......................... .......................... 22,500 ∂22,500 ∂22,500 

Immigration and Naturalization Service

Salaries and expenses (contingent emergency appropriations) ............................ .......................... .......................... .......................... 67,585 ∂67,585 ∂67,585 Construction (contingent emergency appropriations) ............................................ .......................... .......................... .......................... 254,008 ∂254,008 ∂254,008 

Total, Immigration and Naturalization Service ........................................ .......................... .......................... .......................... 321,593 ∂321,593 ∂321,593 

Judiciary

Court of Appeals, District Courts, and Other Judicial Services

Salaries and expenses (contingent emergency appropriations) ............................ .......................... .......................... .......................... 4,392 ∂4,392 ∂4,392 Court Security (contingent emergency appropriations) ......................................... .......................... .......................... .......................... 2,562 ∂2,562 ∂2,562 

Total, Judiciary .......................................................................................... .......................... .......................... .......................... 6,954 ∂6,954 ∂6,954 Total, title VIII, Southwest Border Initiative: New budget (obligational)

authority ............................................................................................... .......................... .......................... .......................... 413,940 ∂413,940 ∂413,940 

Contingent emergency appropriations ............................................. .......................... .......................... .......................... (413,940) (∂413,940) (∂413,940) 

Grand total:

New budget (obligational) authority ............................................... 39,630,967 50,924,815 37,394,617 36,689,965 ¥2,941,002 ¥14,234,850 

Appropriations ......................................................................... (31,004,654) (39,633,820) (37,402,261) (36,536,769) (∂5,532,115) (¥3,097,051) Contingent emergency appropriations .................................... .......................... .......................... .......................... (413,940) (∂413,940) (∂413,940) Emergency appropriations ...................................................... (8,692,253) .......................... .......................... .......................... (¥8,692,253) .......................... ....Advance appropriations .......................................................... .......................... (11,290,995) .......................... .......................... .......................... (¥11,290,995) ....Rescissions ............................................................................. (¥65,940) .......................... (¥7,644) (¥260,744) (¥194,804) (¥260,744) Crime trust fund ..................................................................... (8,692,253) .......................... .......................... .......................... (¥8,692,253) .......................... ....
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2000 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN 

FOR FISCAL YEAR 2001

—Continued

[In thousands of dollars]

Item 2000 appropriation Budget estimate House allowance Committee recommendation

Senate Committee recommendation com

(∂ or ¥)

2000

appropriation

Budget

estimate

(Limitation on administrative expenses) ......................................... .......................... .......................... .......................... .......................... .......................... .......................... ....(Transfer out) ................................................................................... (¥105,707) (¥19,462) (¥12,000) (¥26,200) (∂79,507) (¥6,738) (By transfer) .................................................................................... (173,707) (87,462) (80,000) (94,200) (¥79,507) (∂6,738) 

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